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HomeMy WebLinkAboutAgenda Packet City Council - 07/12/2005CITY COUNCIL AGENDA JULY 12, 2005 Corpus Ch risti Ail-America City 11:45 A.M. - Proclamation declaring July 15, 2005 as "Neighbor-to-Neighbor Day" "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 12, 2005 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 the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other inforrnation pertaining to your subject, please present it to the City Secretary. Si Usted desea didgirse al Concilio y cree que su ingl¢s es limitado, habr~ un int¢rprete ingl¢s-espa~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 36'I-880-3'105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Brian McDonald, Glad Tidings Assembly of God. 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 Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of June 28, 2005. (Attachment # 1) Agenda Regular Council Meeting July 12, 2005 Page 2 F. BOARDS & COMMITFEE APPOINTMENTS: (Attachment # 2) Cable Communications Commission Committee for Persons with DisabiLities Corpus Christi Business and Job Development Corporation Corpus Christi Convention and Visitors Bureau Board Planning Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support matetial 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 forindividual consideration in its normal sequence afterthe items not requiting separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEE'RNGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration,) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 12, 2005 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving the purchase of forty (40) portable radios from Dailey & Wells Communications, Inc., of San Antonio, Texas in theamountof$35,695. The award is based on sole source. The portable radios will be utilized by the Health Department. Funds are available from the Health Department Grant Fund. (Attachment # 3) Motion approving the purchase of one (1) pickup truck from Philpott Motor Company, of Nederland, Texas for the total amount of $31,106. The award is based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments. This unit is a replacement. Funding is available from the FY 2004-2005 Beach Operations Budget. (Attachment #4) Motion approving the purchase of emergency response pharmaceuticals from HHS Supply Service Center of Perry Point, Maryland in accordance with Bid Invitation No. BI-0123-05, based on Iow bid, in the amount of $65,568. Funds are available in the Fire Department Grants Fund. (Attachment # 5) Ordinance appropriating $13,500 in training revenues received from Del Mar College into the General Fund Fire Department for purchase of a thermal image camera and transmitter; amending the FY 2004-2005 Operating Budget adopted by Ordinance No. 025878, by increasing estimated revenues and appropriations by $13,500 each. (Attachment # 6) Resolution authorizing the City Manager or his designee to submit an application to the Texas Forest Service for a grant in the amount of $30,000 to fund a professional forester position with a $24,000 match from Fund 1020 Park Operations. (Attachment # 7) Motion authorizing the City Manager or designee to execute an agreement with M. Dee Koch, PhD for psychological services for the Police, Fire and Aviation Departments. The term is for three years at an houdy rate of $40 with an estimated annual cost of $113,200. (Attachment # 8) Agenda Regular Council Meeting July 12, 2005 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of $11,580 from the Texas Automobile Theft Prevention Authority (ATPA) for the motor vehicle theft enforcement grant within the Police Department. (Attachment # 9) Ordinance appropriating $11,580 from the Texas Automobile Theft Prevention Authority (ATPA) for the Motor Vehicle Theft Enforcement Grant within the Corpus Christi Police Department in the No. 1061 Police Grants Fund. (Attachment # 9) 10.a. Resolution authorizing the City Manager or his designee to accept a grant from Wal-Mart in the amount of $1,000 to promote recycling. (Attachment # 10) 10.b. Ordinance appropriating estimated $25,000 from Corporate Entities in the No. 1051 Solid Waste Grants Fund to promote recycling. (Attachment # 10) 11. 12. Motion authorizing the City Manager or his designee to authorize payment of Invoices 856068 and 856069 for twelve months software maintenance with HTE, Inc., of Lake Man/, Florida in an amount not to exceed $123,941. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services, and Housing and Community Development. Attachment # 11) Motion authorizing the City Manager or his designee to execute Change Order No. 8 to the construction contract with King Isles, Inc., of Corpus Chdsti, Texas in the amount of $286,742.36 for the C-4 Street Reconstruction Project, Part B Ayers Street/Gollihar Road to complete the project. (BOND ISSUE 2000) (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Change Order No. 4 to a construction contract with R. M. Wright Construction Co., of El Paso, Texas in the amount of $93,490.01 for the replacement of existing piping at the Everhart/Staples Lift Station. (Attachment # 13) Agenda Regular Council Meeting July 12, 2005 Page 5 14. 15. 16. 17. 18. Motion authorizing the City Manager or his designee to execute a construction contract with Robles and Sons, Inc., of Cibolo, Texas in the amount of $275,000 for the Corpus Christi International Airport Air Traffic Control Tower Demolition Project. (Attachment # 14) Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with BL Real Estate Holding Company, LP (Owner) for the fight to construct and maintain a private 2-inch PVC force main to extend approximately 60 linear feet across the Wyndale Drive street right-of-way and approximately 10 linear feet within the Claudia Drive street right- of-way, located just east of Laguna Shores Road and north of Mar[ha Ddve; establishing a fee of $220. (Attachment # 15) Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers & Associates for governmental relations services. (Attachment # 16) Ordinance appropriating $476,950.11 from City Hall Capital Improvement Program Fund 3160 and transferring the $476,950.11 to and appropriating in the General Fund 1020 for capital improvements to the Corpus Christi Natatorium; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $476,950.11; amending FY 2004-2005 Annual Operating Budget adopted by Ordinance No. 025878 by increasing revenues and appropriations each by $476.950.11. (Attachment # 17) Ordinance authorizing the City Manager or his designee to execute a four-year lease with the Texas State Aquarium Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end or the agenda summary) Agenda Regular Council Meeting July 12, 2005 Page 6 19. 20. 21. First Reading Ordinance - Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Access Road from twenty-five cents per hour to fifty cents per hour; providing for penalties; and providing for effective date of August 1,2005. (Attachment # 19) Second Reading Ordinance - Waiving the 60-day waiting period and publication of legal notice; renaming the park at 2120 Hudson St. from Midway Park to Nancy Todd Garrett Memorial Park. (First Reading 6/28/05) (Attachment # 20) PUBLIC HEARINGS: ZONING CASES: Case No. 0605-02, H. E. P. Developers, Inc.: A change of zoning from a "R-lB" One-family Dwelling District to a "RE" Residential Estate District. The property is 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham Road and 670 feet east of Flour Bluff Ddve. (Attachment # 21) Planning Commission and Staff's Recommendation: Denial of the "RE" Residential Estate Distdct and in lieu thereof, approval of a "R-1B/SP" One-family Dwelling District with a Special Permit, subject to seven (7) conditions. ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by H.E.P. Developers, Inc., by changing the zoning map in reference to 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts Lot 18, Section 48, from "R-lB" One-family Residential Distdct to "R-1B/SP" One-family Dwelling District with a Special Permit subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Agenda Regular Council Meeting July 12, 2005 Page 7 RENEWAL COMMUNITY: 22.a. Public hearing to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction allocations. (Attachment # 22) 22,b. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 22) PUBLIC HEARING ON PROPOSED BUDGET: 23 Proposed FY 2005-2006 Operating Budget. (Attachment # 23) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 24. Corpus Christi Police Department Crime Statistics Presentation, Police Chief Pete Alvarez (Attachment # 24) 25. City Council Focus Area: Enhanced Intergovernmental Relations, City Manager George K. Noe (Attachment # 25) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 26. Discussion and consideration of an agreement between the Corpus Christi Fire Department and Del Mar College regarding the joint use of the Del Mar College Public Safety Training Facility. (Attachment # 26) 27. Resolution authorizing the City Manager to execute an Intedocal Cooperation Agreement with the Nueces River Authority for regional water planning, protection, and development services. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at [he end of t~e agenda summary) Agenda Regular Council Meeting July 12, 2005 Page 8 28. 29.a. 29.b. Resolution of the City of Corpus Christi, Texas authorizing intervention in AEP Texas Central Company's true-up proceeding to be filed at the Public Utility Commission of Texas, authorizing the joining with other intervening cities to coordinate efforts to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking costs. (Attachment # 28) Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule II1, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: (This agenda item was tabled on 06/21/05. Staff is recommending to continue tabling of the item to allow time to complete negotiations.) (Attachment # 29) 3. 4. 5. 6. East Port Avenue, north side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. Sam Rankin Street, both sides, from East Port Avenue to Brewster Street. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street. North Tancahua Street, both sides, from East Port Avenue to U.S. 181. East Hirsch Street. both sides, from North Mesquite to North Chaparral Street. North Chaparral Street, both sides, from U.S. 181 to I.H. 37; providing for penalties. Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-253, Schedule IV, stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: (This agenda item was tabled on 06121/05. Staff is recommending to continue tabling of the item to allow time to complete negotiations.) (Attachment # 29) North Mesquite Street, both sides from U.S. 181 to I.H. 37. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east; providing for penalties. CITY COUNCIL PRIORITY ISSUES (Refer to legend a[ [he end of [he agenda summar,/) Agenda Regular Council Meeting July 12, 2005 Page 9 PUBLIC COMMENT FROM THE AUDIENCE ON MA~-~ERS 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 YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl¢s es limitado, habr~ un int¢rprete ingl¢s-espa~ol en la reuni(~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. 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 durfng the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into execub've session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July12,2005 Page10 30. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79th Texas Legislature. 31. CITY MANAGER'S REPORT * Upcoming Items 32. MAYOR'S UPDATE 33. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Ciys official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at o~: ~)C) p.m., July 8, 2005. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Re[er to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the Clty"s Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 28, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Jerry Garcia Rex Kirmison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Melody Cooper Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kevin Jermings of Mt. Olive Lutheran Church and the Pledge of Allegiance to the Umted States flag was led by Council Member Scott. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 21, 2005. A motion was made and passed to approve the minutes as presented. ************* Mayor Garrett deviated from the agenda, and referred to Item 26, a presentation on the Fourth of July Big Bang Celebration. Mx. Vic Menard, Co-Chairman of the Mayor's Planning Committee, introduced Ms_ Shelley Parks, H-E-B Public Affairs representative, who presented the city with a $25,000 check to sponsor the event's 18th annual fireworks display. Ms. Sharon Emerson with the Buccaneer Commission updated the Council on the Stars and Stripes Parade. She said the parade would begin at 6:00 p.m. Due to the downtown area construction, she noted the parade route would be reversed this year, beginning at the Memorial Coliseum, proceeding down the water side of Shoreline Boulevard, and ending on Palo Alto Street. She advised all parade goers that they could not sit on the curb along the T-Heads and L-Heads because of the narrow roadway in that area. She invited everyone to attend the parade. Ms. Emerson also reported on a number of other events taking place earlier in the day, including a bayfront run, a veteran's patriotic ceremony, and a search and rescue demonstration by the U.S. Coast Guard. Mayor Garrett thanked the Buccaraders and H-E-B for supporting the event. Minutes - Regular Council Meeting June 28, 2005 - Page 2 Mayor Garrett called for consideration of the consent agenda (Items 2-20). City Secretary Chapa armounced that Council Member Noyola was abstaining from the vote and discussion on Item 20, and Council Member Kelly was abstaining from the vote and discussion on Item 12. There were no comments from the public. Council members requested that Items 14, 15, 16, and 18 be pulled for individual consideration. A motion was made and passed to approve Items 2 through 20, constituting the consent agenda, except for Items 14, 15, 16, and 18, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2005-197 Motion approving a supply agreement w/th Omni Elevator, of Corpus Christi, Texas, for elevator and escalator maintenance services in accordance with Bid Invitation No. BI-0050- 05, based on low total bid, for a sixty-month expenditure of $444,540 of which $5,430 is budgeted for FY 2004-2005. The term of the supply agreement will be sixty months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The service will be administered by Facilities Management. Funds have been requested by the various using departments in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 3. MOTION NO. 2005-198 Motion approving a supply agreement with Koch Material, of Corpus Christi, Texas for emulsion oil in accordance with Bid Invitation No. BI-0112-05, based on only bid, for an estimated annual expenditure of $50,950 of which $4,245.83 is for FY 2004-2005. The turin of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for maintenance of City streets. Funds have been requested by Street Services for FY 2005-2006_ The foregoing motion was passed and approved with the following vote: Gan'eR, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 4. MOTION NO. 2005-199 Motion approving the purchase of one prisoner transport vehicle from Philpott Motors, of Port Neches, Texas for the total amount of $31,600.75. The award is based on the City's Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments (HGAC). This van is an addition to the fleet. Funding is available fi'om the FY 2004-2005 Police Grants Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinmson, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 3 MOTION NO. 2005-200 Motion approving a supply agreement with EGW Utilities, Inc., of Carrollton, Texas for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in accordance with Bid Invitation No. BI-0113-05 based on low bid for an estimated annual expenditure of $147,809.60 of which $12,317.47 is budgeted for FY 2004-2005. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by the Gas Department in FY 2005-2006. The foregoing motion was passed and approved with the following vote: Gm-rea, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-201 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-05-4 for food items which include canned and frozen fruits and vegetables, meats and condiments for an estimated six month expenditure of$122,765.01 of which $20,460.84 is budgeted for FY 2004-2005. 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 requested by Senior Community Services in FY 2005-2006. Ben E. Keith San Antonio, TX 42 Items $20,501.33 LaBatt Food Service PFG Corpus Christi, TX Victoria. TX 115 Items 67 Items $50,042.27 $52,221.41 Grand Total: $122,765.01 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-202 Motion approving the purchase of four (4) pickup trucks from Access Ford, Ltd., of Corptts Christi, Texas in accordance with Bid Invitation No. BI-0126-05, based on low bid for a total mount of $74,636. The vehicles will be purchased for the Fire Depaxtment_ All four of the vehicles are replacements to the fleet. Funding is available from the FY 2004-2005 Capital Outlay Budget in the General Fund_ The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Gaxcia, Kelly, Kixmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 4 8. MOTION NO. 2005-203 Motion approving the purchase of twenty-two (22) automated external defibrillator sets from Cardiac Science, of Palatine, Illinois for a total amount of $41,090.50. The automated external defibrillator sets will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kiunison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-204 Motion approving a supply agreement with Allstates Coatings Company, of Gladewater, Texas for approximately 21,250 gallons of pavement marldng paint in accordance with Bid Invitation No. BI-0103-05 based on low total bid for an estimated annual expenditure of $118,990 of which $13,729.56 is budgeted in FY 2004-2005. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-months periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by Street Services for FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kiunison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 10.a. RESOLUTION NO. 026313 Resolution authorizing the City Manager or his designee to accept a Coastal Management Program, Cycle 9 grant from the Texas General Land Office in the amount of $15,000 for a Bay Debris Feasibility Study in Corpus Christi, Texas, with a City match of $15,000 from No. 3270 Seawall Capital Improvement Program Fund and a total project cost of $30,000 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 10.b ORDINANCE NO. 026314 Ordinance appropriating a $15,000 Coastal Management Program, Cycle 9 grant fi-om the Texas General Land Office in the No. 1058 Marina Grants Fund for a Bay Debris Feasibility Study in Corpus Christi, Texas An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 5 11 MOTION NO. 2005-205 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $199,431 for a total re-stated fee of $1,179,650 on the Water System Interactive Hydraulic Model and Analysis Project for the Up River Road Water Transmission Line from Dona to 1,000- feet east of Navigation. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 12.a. ORDINANCE NO. 026315 Ordinance appropriating $584,063.48 from unappropnated interest earnings and unappropriated miscellaneous revenue in the Convention Center 2002 Capital Improvement Program Fund No. 3181 for Bayfront Convention Center Air Handler Replacement, Phase 1 Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $584,063.48. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: GarretL Chesney, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent; Kelly abstained. 12.b. MOTIONNO. 2006-206 13. Motion authorizing the City Manager or his designee to execute a consmaction contract with Malek, Inc., of Corpus Christi, Texas in the amount of $395,000 for the Bayfront Convention Center Ah- Handler Replacement, Phase 1. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, l('innlson, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent; Kelly abstained. MOTION NO. 2005-207 Motion authorizing the City Manager or his designee to execute Change Order No_ 5 to a construction conlract with Bay, Ltd., of Corpns Christi, Texas in the mount ors 135,416.56 for the Laguna Shores Road Reconslruction Project from Mediterranean to Caribbean. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kannison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 6 17.a. ORDINANCE NO. 026316 Ordinance rescinding Ordinance No. 026247 which appropriated $402,233.80 from the unappropriated interest earnings from Street 2000 Capital Improvement Program Fund 3411B and appropriated $202,169.13 from the unappropriated interest earnings fi.om Street 2001 Capital Improvement Program Fund 3540 for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17.b. ORDINANCE NO. 026317 Ordinance rescinding Ordinance No. 026248 wkich appropriated $87,045.36 from the unappropriated miscellaneous revenues fi-om Street Capital Improvement Program Fund 3530, appropriated $201,753.69 from City Hall Capital Improvement Program Fund 3160 and transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $490,552.74. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17.c ORDINANCE NO. 026318 Ordinance rescinding Ordinance No. 026249 which appropriated $536,350 fi.om City Hall Capital Improvement Program Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Neighborhood Street Reconslxuction Project; amended Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,072,700. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 7 17.d. ORDINANCE NO. 026319 Ordinance rescinding Ordinance No. 026262 which appropriated $196,385 from City Hall Bond Fund 3160, transferred to and appropriated in Library Capital Improvement Program Fund 3120 for the Northwest Library Expansion; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $392,770. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17 e. ORDINANCE NO. 026320 Ordinance rescinding Ordinance No. 026276 which appropriated $423,830.30 from City Hall Capital Improvement Fund 3160, transferred to and appropriated in Street Capital Improvement Program Fund 3530 for the Up River Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $847,660.60. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17.f. ORDINANCE NO. 026321 Ordinance rescinding Ordinance No. 026284 which appropriated $298,809 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $298,809 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Project Fund 3530 for the Greenwood Drive, Phase 1 Street Improvement Program; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $597,618. An emergency was declared, and the foregoing ordinance was passed and approved with the followhag vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 8 17.g. ORDINANCE NO. 026322 Ordinance rescinding Ordinance No. 026285 wkich appropriated $423,980 from the unappropriated miscellaneous revenues from Water Capital Improvement Program Fund 4080; and appropriated and approved the transfer of $423,980 from Water Capital Improvement Program Fund 4080 into Street Capital Improvement Program Fund 3530 for the Lagana Shores Road Street Improvement Project; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $847,960. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17.h. ORDiNANCE NO. 026323 Ordinance rescinding Ordinance No. 026286 wbach appropriated and approved the transfer of $173,502 from the unappropriated interest earnings in the Water Capital Improvement Program Fund 4084 to and appropriated in the Street Capital Improvement Program Fund 3530 for the CliffMaus Road Improvements Project Phases 2 and 3; amended FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $347,004. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 19.a. MOTION NO. 2005-211 Motion approving the Transmission and Grid Main Construction and Rehnbursement Agreement with Yorktown Oso Joint Venture, owner and developer of Rancho Vista Unit 1 subdivision located east of Rodd Field Road south of Yorktown Boulevard for the installation of 740 linear feet of a 12-inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Ga~ett, Chesney, Garcia, Kelly, l(innison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 19.b. ORDINANCE NO. 026325 Ordinance appropriating $75,232.80 from the Arterial Transmission and Grid Main Trust Fund No_ 4030-540450 to pay developer reimbursement request for the installation of 740 linear feet of a 12-inch PVC water grid main to develop Rancho Vista Unit 1 Subdivision. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting June 28, 2005 - Page 9 20. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease with the United States Department of Transportation, Federal Aviation Administration, in consideration of operation and maintenance of Outer Marker facilities from October 1, 2005 through September 30, 2015. The foregoing ordinance was passed and approved on its first reading with the following vote: Garret't, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. Mayor Garrett opened discussion on Item 14 regarding the Home Road Street Reconslruction Project. Mr. Garcia stated he had the same concern regarding Items l 4 and 15. Regarding the Home Road Street Reconstruction project, he asked why the project had experienced so many delays. City Engineer ,3mgel Escobar reported that the city had achieved savings on other Bond 2000 projects which they were able to apply to the Home Road project. He said today's change order, affecting Home Road from Kostoryz Road to Ayers Street, would make the road more driveable by creating better transitions between side streets. Mr. Garcia stated he had understood that increased costs for asphalt and concrete may have caused the delays, but it appeared this was not the case. Mr. Escobar answered affirmatively. Mr. Garcia asked for the estimated completion date for the project. Mr. Escobar replied the estimated completion date was August 2005. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2005-208 Motion authorizing the City Manager or his designee to execute Change Order No. 7 to the construction contract with Haas-Anderson Construction, Ltd., of Corpus Christi, Texas in the amount of $84,290 for the Home Road Street Reconstruction Project from Ayers to Kostoryz. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinmson, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 15 regarding a contract for Project Management Services related to Bond 2004 projects. Mr. Garcia stati:d a number of subcontractors bidding for these projects had expressed concern about the services of the Construction Manager (CM), Anderson Group Construction Management. He felt uncomfortable with the price increases on bids, and asked if staffhad noticed any correlation between price increases and the CM for the project. Assistant City Manager Ron Massey replied negatively. He added that the use of Construction Management firms had enabled staffto manage all the C1P projects by extending city staff. These services included project management and/or construction and inspection. He stressed that all of the projects were managed by Mr. Escobar and in-house engineering staff, and some of the field work was done by outside firms. He said Mr. Escobar was addressing issues raised by the subcontractors, but stated that some concems did not reach him. Mr. Eseobar stated he was familiar with the Minutes - Regular Council Meeting June 28, 2005 - Page 10 subcontractors' concerns, and was trying to correct them. Mr. Massey added that staff considered the Constrnction Management to be an extension of city staff; thus, if there were problems with the CMs, then it was city staff's responsibility to address it. He asked the subcontractors to bring their concerns directly to him and Mr. Escobar so they could be addressed. In response to Mr Noyola, Mr. Massey said the CMs provide technical information (e.g. pricing) in support of staff's decision making Mr. Massey added that the cost for Construction Management services was between one or two percent of the actual bond expenditures. For the money, he said the CMs bring expertise that it would hard for the city to f'md in the workforce. He also stated the bond projects were short-term projects (1-2 years) and it would be difficult to hire individuals to serve during a temporary timeframe. Mr. Scott stated the subcontractors had also contacted Nm with their concerns. He felt there was an internal bureaucracy that inhibited the subcontractor's ability to complete the work on time. He said the CMs were useful in streamlining the process so the work would be completed on a timely basis, ultimately keeping costs down. Mr. Massey pointed out that a good design was also a critical factor in determining whether a project would be completed on time. Mayor Garrett asked what staff did when the work was unsatisfactory, using the Gollihar Road project as a case in point. Mr. Escobar stated stafftried to resolve the issues by talking with the inspector and making the necessary repairs before accepting the project. Mayor Garrett emphasized that the city needed to concentrate on quality work, which he believed the city was not getting at this point. If more money needed to be expended to get quality work, then he felt it was worth it. City Manager Noe replied he did not feel the city accepted or tolerated substandard work_ He said there was a process involved to address problems with a project, especially when under warranty. He said virtually every project had a number of sections that had to be reworked and repaired by the contractor because of the nature of the work. Mayor Garrett reiterated that the city should focus on obtaining quality work from contractors. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2005-209 Motion authorizing the City Manager or his designee to execute a Contract for Project Management Services ~n the amount of $1,158,000 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas for various Capital Improvement Projects associated with the 2004 Bond Election; subject to availability of funds. The foregoing motion was passed and appmved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 16 regarding the Marina Boater's Facility project. Mr. Garcia stated he had been contacted about regarding concerns about the way the bid process was conducted. Mr. Escobar replied he opened all the bids for the city to ensure that the bidding process was consistent. He explained what stafflooked for in a bid, including the bid bond, and power of attorney, and acknowledgment of addenda_ During this particular bid process, he said KJM Commercial, who ended up being the low bidder, indicated on their form that they had not received Minutes - Regular Council Meeting June 28, 2005 - Page 11 the acknowledgment of addenda. Mr. Escobar stated engineering staffconsulted the City Attorney's Office to determine whether the bid should be considered non-responsive, which would disqualify the bid, or irregular. He said he asked a representative from the company to verify that they had not acknowledged the receipt of the addenda. In this case, he said a woman came forward and said she x~as not sure, but she would call and check. Mr. Escobar stated staft; after consulting with the City Attorney's Office, declared the bid an irregular bid, and then proceeded reading the other bids. The KJM representative stepped out to make the call, and then came back in and said they had received the addenda. Later that afternoon, Mr. Escobar stated staff received a letter from KJM stating they had received the addenda but had failed to note it on the bid. They said the price did include the work. In response to Mr. Noyola's question, Mr Escobar said bid irregularities occurred on a fYequent basis, which was why staffmade it a point to consult with the City Attorney's Office. Mr. Noyola stated he had received information showing that KJM Commercial's bid was the third bid to be read. At this point, he said KJM's representative had already heard the prices for two bids before making the phone call regarding the acknowledgment of addenda. Thus, he said it was suspicious that the company ended up with the low bid because she may have let her company know the prices of the first two bids so they could decide whether to continue with the bid or not Mr. Escobar agreed, but said their bid was still declared irregular. Mr. Noyola pointed out the second lowest bidder was akeady doing the work on the project for the city, while the low bidder had never done business with the city. Mr. Noyola understood there were companies protesting the bid. Mr. Escobar answered affirmatively, saying the second bidder, CamRett Construction, and the third bidder, SalCon Construction, were contesting any award to the first or second bidder. Mr. Noyola asked what would become of the protest if the Council were to approve the low bid today. City Manager Noe replied the outcome of the protest was determined by the Council rather than any other authority. Mr. Escobar added staffdid not feel there was sufficient justification to keep them from recommending award to the lowest bidder. Thus, he said staffrecommended that the Council waive the irregularity in the lowest bid. However, if the Council chose not to waive the irregularity, then they could award the bid to the second lowest bidder to avoid re-bidding the project. Mr. Kelly stated it was important to use the lowest bidder that could produce a quality project to save ~xpayers money. He said his only concern was the integrity of the bidding process itself. At the time the letter was sent, Mr. Kelly asked if KJM knew what all the bid prices were_ Mr. Escobar answered affn'matively. Mr. Kelly stated that it was possible then that KJM was bidding on a smaller job but then decided to take the job even with the extra work. Mr. Escobar replied affirmatively, saying staff was looking at the bidding process and the documentation requested to clarify what constitutes a reject, non-responsive or irregular bids to address this in the future. In response to Mr. Kelly's question, Mr. Escobar replied CamRett, the second lowest bidder, did have a mistake in the bid bond wording, but not to the extent where it was declared an irregular bid. Mr. Noyola made a motion to not waive the irregular bid submitted by the lowest bidder and to award the bid to the second lowest bidder instead, seconded by Mr. Garcia. City Secretary Chapa polled the Council for their votes on Mr. Noyola's motion to amend as follows: Garrett, Crarcia, Marez, and Noyola, voting "Aye"; Chesney, Kelly, Kinnison, and Scott, voting "No"; Cooper was Minutes - Regular Council Meeting June 28, 2005 - Page 12 absent. The motion to amend failed. City Secretary Chapa polled the Council for their votes on Item 16 as presented as follows: 16. MOTION NO. 2005-210 Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial, Inc. of Corpus Christi, Texas in the amount of $471,600 for the Corpus Christi Marina Development Project (Peoples Street T-Head)/Marina Boater's Facility. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola, voting "No"; Cooper was absent. Mayor Garrett opened discussion on Item 18 regarding a lease for a food service operation, Carson's Deli and Catering, in Heritage Park. Mr. Marez noted there was only one response to the RFP issued by staff. He asked if staff had been approached with any other ideas on how to utilize the buildings in Heritage Park. Director of Parks and Recreation Sally Gavlik replied the city was making repairs to the McCampbell House in preparation to issue an RFP to solicit retail uses in this building on the first floor. She said the second floor of the house was being used for office space. Mx. Marez asked for more information on Carson's Deli. Mx. Gustavo Valadez Ortiz stated Mr. Brian Carson had been the executive chef for the Republic of Texas for many years. He left to open his own deli on the south side which has been in business for about a year. City Secretary Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 026324 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Brian Carson, doing business as Carson's Deli and Catering, for the use of Merriman-Bobys House in Heritage Park, to operate as a food service operation, in consideration of monthly payment of greater of 10% of monthly gross sales less sales tax or minimum monthly rental fee of $500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 21 .a., and a motion was made, seconded and passed to open the public hearing on the following alley closure: Public hearing to consider abandoning and vacating 8,283.77-square feet of a 15-foot wide alley right-of-way between Lots 1-11 and 12-22, Block IX, Ocean View Addition (between Elizabeth Slxeet and Ayers Street, west of Thkd Street). Minutes - Regular Council Meeting June 28, 2005 - Page 13 No one spoke in opposition to the alley closure. A motion was made, seconded, and passed to close the public heating. City Secretary Chapa polled the Council for their votes as follows: 21.b. ORDINANCE NO. 026326 Ordinance abandomng and vacating 8,283.77-square feet ofa 15-foot wide alley right-of-way between Lots 1 - 11 and 12-22, Block LX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting '~Aye"; Cooper ,,vas absent. ************* Mayor Garrett opened discussion on Item 22 regarding an appeal by SDI Realty of a Development Services department decision denying multiple driveway accesses on Airline Road for a proposed development located at 1502 Airline Road. Director of Development Services Barbara Bailey Holly explained during the development of the Lowe's shopping center site on Airline Road and South Padre Island Drive (SPID), two main concerns arose regarding access management and drainage. She said staff discussed the access management issue with the Duplantis Group, Lowe's engineering firm, and it was concluded that two driveways would be allowed from Airline Road and two from Williams Drive to serve the entire Lowe's development. Subsequently, in January 2005, she reported the Texas Department of Transportation (TxDOT) issued a permit for driveway access to the SPID Frontage Road limited to one access point. Ms. Holly stated Lowe's then sold a portion of their property, located on the comer of Airline and SPID (Shannon Middle School Tract, Block 1, Lots, 2, 3 and 4), to SDI Realty which prompted the submittal of a re-plat for tl'fis property. Staff, in its comments to the Planning Commission on December 1, 2004, recommended that no additional driveways be permitted from Lot 4 to Airline Road consistent with the earlier negotiations; rather, it was thought that the properties would be accessed internally from the Lowe's site. Subsequently, in May 2005, SDI Realty submitted a cormmercial consttuction plan for the Padre Commons Plaza development indicating two additmnal driveways on Airline Road. In further discussions, she said staff then allowed one additional driveway (fight-in and right-out) at the southern edge of Lot 4 on Airline Drive_ Ms. Holly explained why staff was opposed to the additional driveways on Airline Road. She said previously, the traffic volumes on Airline Drive were low, so driveways near the intersection were not an issue. As traffic volumes have increased over the yea.rs, she said the location and spacing of driveways becomes more important because of safety issues. Rear-end collisions, side swipes, and left-turn vehicle collisions are more prevalent when closely spaced heavy traffic. Eventually, she said raised medians would be needed to address the safety issues in the long tenn. Ms. Holly stated staff was undertaking an ongoing study of access management issues Minutes - Regular Council Meeting June 28, 2005 - Page 14 throughout the city, most recently on Everhart Road. She briefly mentioned a number of findings in the study, including the need to follow established roadway hierarchy; limit conflict points; providing spacing between conflict points; provide turn lanes; and create side street connectivity. She said staffs goal was to avoid making these same mistakes on Airline Road. Ms. Holly stated that Development Services's goal was to safeguard safe and adequate access, balancing the business access needs with commuter traffic safety. She said studies conducted of businesses within areas where access management had been implemented show that improved driveway spacing and design, alternative access and installation of nontraversable medians have virtually no adverse impact on business activity. She said inadequate access management can cause a 10 percent reduction in average travel speeds, possibly leading to a 20 percent business loss of its market area. Ms. Holly reported that when Lowe's sold the comer lot to SDI Realty, they sold the property with the understanding that SDI would have to comply with a "non-compete" clause if they wished to gain access to their property through the Lowe's site. A "non-compete" clause would not allow SDI tenants to sell anything that Lowe's currently sells. SDI does not wish to be limited in this way, and thus has chosen not to use the access point of the SPID Frontage Road. SDI now has to obtain access to Airline Road and SPID on their own, which placed them in a difficult position. Ms. Holly answered the Council's questions regarding the access management issues in the subject property. Mr. Scott stated he did not feel SDI's request for two driveways on Airline Road would be significantly unsafe, with the exception of allowing for left-hand turns into the subject property. He questioned why staff wasn't addressing the left-hand turn issue now, saying this was a bigger safety issue than an extra curb cut. Assistant City Manager Ron Massey replied that the left- hand turn into the subject property off of Airline was not a problem right now. Mr. Chesney spoke against staffs recommendation, stating that since SDI was not able to get access to their property offof SPID, the city should help the developer by providing one more access point on Airline Road. He also felt the city should eliminate the ability to make a left-hand turn into the subject property offofAirline Road. Mr. Kevin St. Jacques, city's traffic engineering consultant, stated the proposed second driveway was located in the right-turn lane, and it was not advisable to place a driveway in this area. Ms. Bailey added that limiting the access points would actually improve the access to the building. Mr. Chesney suggested the city could control the second access point by placing barriers up to ensure that motorists to prohibit left-hand turns. Mr. Kinnison asked how long SDI had known about the access management issues regarding the subject propen'y. Ms. Holly replied that Lowe's engineering firm, the Duplanfis Group, was the same firm used by SDI Realty, so they should have know about issues fi.om the beginning. In response to Mr. Kelly's question, Ms. Holly stated at the Planning Commission meeting, SDI stated that if they were to use the driveway on the eastern edge of the subject property, then Lowe's would not allow SDI's tenants to sell anything that Lowe's sells. Mr. Scott noted there were three existing curb cuts near the comer lot on Airline Road, and staff was recommending the removal of all except the one on the southern edge of Lot 4. He Minutes - Regular Council Meeting June 28, 2005 - Page 15 suggested a compromise in which a second curb cut on Airline Road could be situated between the two existing curb cuts slated for removal. Mr. Noyola expressed concern that Lowe's could dictate the use of the subject property even after it was sold by making private restrictions on access. He said he personally would not have purchased the subject property under those conditions. Mr. Garcia asked if the engineering firm working on the plat would have known these conditions ~vere in place. Ms. Holly replied affirmatively. Mayor Garrett asked for public comment. Mr. Michael Mora, SDI Realty construction manager, and Mr. Matt Newchurch, civil engineer, explained that according to their interpretation of Section X.c of the city's Driveway Design and Construction Standards manual, the two proposed driveways were allowable. In fact, Mr. Mora said the amount of frontage he had assembled entitled them to three, full-access curb cuts. He agreed that left-hand turns onto Airline Road should be prohibited. City Engineer ,~mgel Escobar clarified that Section X.c of the city's Driveway Design and Construction Standards manual referred to a different situation. Assistant City Manager Massey added the section regarding driveway restrictions prohibited driveway access in a channelized turn Mr. Chesney spoke against staffs access management plan for fids property, saying it was not pro-development. Mr. Charlie Shears, owner of SDI Realty, stated Lowe's had not informed them that the subject property had restricted access. He said SDI Realty prefers not to buy property with restrictions because it limits the type of retailers they can attract. He requested two right-in, and two right-out driveways w/th access to Airline Road. He said access to SPID didn't matter to them_ Mr. Noe stated SDI was not interested in access to SPIEl because there was no practical way for them to gain access without incurring restrictions from Lowe's. Mr. Kelly asked Mr. Shears if he would agree to shifting the two driveways he was requesting further to the south. Mr. Shears replied alTrrrnatively, as long as he was able to obtain two right-ins and two right-outs. Mr. Scott and Mr. Kinnison were skeptical that SDI Realty was unaware of the restrictions in place regarding access to the subject property when they purchased the property. Mr. Shears stated SDI was aware that the city and Lowe's had discussions regarding access regarding their property, but were unaware of any access issues related to the this particulax tract of land_ He said the lot, formerly the site of a Chinese food restaurant, was not part of the Lowe's acquisition; SDI acquired the property independently. The site had three access points when they purchased it. Ms. Holly stated SDI had to negotiate with Lowe's to acquire property from them to expand their acquisition, creating one large lot. She said SDI should have known about the restrictions. Mr. Marez spoke in support of granting SDI Realty's request for two driveways, and advocated that the driveways be as far south as possible to keep the intersection clear. Minutes - Regular Council Meeting June 28, 2005 - Page 16 City Manager Noe stated the original plan for the Lowe's site did not include access to the subject property. He said Mr. Shears stated to him in a conversation that he did not know about the restrictions and expressed some dismay about the situation. Mr. Noe said at this point, he discussed adding an access point to the parcel at his insistence to allow SDI to have some access independent of the Lowe's plan. He said staff tried to work with him as best they could without impacting traffic safety. Mr. Kinnison spoke against the suggestion to allow two driveways but shift them as far south as possible. He asked staff what they thought about it. Mr. Kevin St. Jacques, city's traffic consultant, replied it was irregular to have driveways in a right-turn lane because of traffic safety issues, but Mr. Chesney's suggestion to strongly channelize one of the driveways could be a possible solution. City Engineer Escobar questioned whether there would be enough room to provide two driveways. He said a compromise might be to have two separated driveways, one exclusively to enter and one exclusively to exit. Mr. Shears did not agree with this compromise, saying he preferred to have two right-ins and two right-outs because Mr. Escobar's compromise may lead to congestion within the development. In response to Mr. Kelly's question, Assistant City Manager Massey stated the requirement to establish delineators to channelize the traffic ought to be paid for by the developer. He said the delineators used in other developments in the city were often knocked down by motorists. Mr. Kelly stated the only way to guarantee there would be no left-hand turns would be to put a median to cut this off, but there seemed to be no immediate plans for this. Mr. Chesney made a motion to sustain the appeal by SDI Realty of a Development Services depmtment decision to deny multiple drive accesses on Airline Road to the proposed Padre Commons Plaza development by granting two right-in and two fight-out driveways as far south on Airline Road as possible with channeling and costs to be borne by the developer; seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes on Mr. Chesney's motion as follows: 22.b. MOTIONNO 2005-212 Motion to sustain the appeal by SDI Realty of a Development Services depax tment decision to deny multiple drive accesses on Airline Road to the proposed Padre Commons Plaza development by granting two right-in and two right-out driveways as far south on Airline Road as possible with channeling and costs to be borne by the developer The foregoing motion was passed and approved with the following vote: Gamett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett called for petitions from the audience_ Mr_ Phil Rosenstein spoke regarding his concerns about the possible abuse of the Supreme Court's recent ruling on eminent domain by cities. Mr. Johnny French spoke in favor of a Native American proposal to rename Ennis Joslin Road in honor of their ancestors. Mr. Luis Corona, 2805 David, and Mr. Abel Pan'as, 1306 Maryland, spoke regarding their concerns about projected attendance levels at Broadmoor Senior Minutes - Regular Council Meeting June 28, 2005 - Page 17 Center. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the management of the public access studio. He said the studio was closed because the rent was two months overdue, and the equipment had been seized by the landlord. Assistant City Manager Oscar Martinez replied staff was working with the Legal department to see if the city could reacquire the equipment. Mr. Dan Stiefel, 3701 Bentwood, spoke regarding his concerns about the taxicab permit process outlined in the taxicab ordinance. MayorG~eUcalled~rabhefrecesstopresentaproclamation. ************* Mayor Gm-rea opened discussion on Item 23, approval of the FY 2005-2006 Crime Control and Prevention District Budget. There were no comments from the audience. In response to Mr. Kinnison's question, City Manager Noe stated there were two changes made to the budget since the last discussion. First, staff amended the revenue estimates to reflect the same assumptions in terms of percentage growth as utilized in the general fund proposal. Second, staff added the pawn shop detail as a program in the three remaining years of the budget_ Mr. Kinnison expressed concern regarding the general fund's capacity to support the pawn shop detail. He asked Police Commander Bryan Smith how much the pawn shop detail program would cost. Commander Smith replied the program would cost approximately $100,000, but noted the previous estimate was $86,000. The $100,000 consisted of $41,000 for a management assistant, and the remainder would fund three data entry clerk positions. Mr Kinnison stated the city could contract out for the data entry clerk positions and save the city the cost of offering health benefits. He also questioned why the management assistant position needed to be full-time. Mr. Kinnison also questioned why the pawn shop detail program wasn't being funded out of the police department budget, rather than the Crime Control and Prevention District budget, if they felt it was such a priority. City Manager Noe replied the police department budget had a mandate to hlre more police officers to get back up to staff, limiting their flexibility. In response to Mr. Kinnison's question, City Attorney Fischer stated the Crime Control and Prevention District could be amended alter adoption upon approval of the Crime Control District Board and the Council. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting June 28, 2005 - Page 18 23. RESOLUTION NO. 026327 Resolution authorizing the City Manager or his designee to approve the FY 2005-2006 Budget for the Corpus Christi Crime Control and Prevention District. The foregoing resolution was passed and approved w/th the following vote: Garreth Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 24 regarding a grant application to United States Tennis Association (USTA) to fund repairs to the H-E-B Tennis Center. In response to Mayor Garrett's question, Director of Parks and Recreation Sally Gavlik stated the extra funding ($100,000) would facilitate the repairs of the courts at the center. The foregoing resolution was passed and approved with the following vote: 24. RESOLUTION NO. 026328 Resolution authorizing the City Manager or his designee to submit a grant application to United States Tennis Association (USTA) for a Tennis in the Parks Grant in the mount of $100,000 for reconstruction of courts at the HEB Tennis Center, with a City match of $500,000 in the Bond 2004 Fund and a total project cost of $600,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinaison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 25, a request to rename a park 2120 Hudson from Midway Park to Nancy Todd Garrett Memorial Park. Mayor Garrett abstained fi.om the vote and discussion on this item. Mayor Pro Tem Chesney spoke in support of the renaming request. Ms. Sandy Billish, Chairman of the Park and Recreation Advisory Cormmttee, stated the committee unanimously approved the renaming of Midway Park to the Nancy Todd Garrett Memorial Park. Ms. Billish also served as the president of the Friends of the Park organization, and she stated the Friends would work with Mayor Garrett and family to design and improve the park. Mr. Garcia spoke in support of the request to rename the park Mayor Pro Tern Chesney, on behalf of his family, pledged a $500 donation to the Friends of the Park to assist them in the park improvements. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Waiving the 60--day waiting period and publication of legal notice; renaming the park at 2120 Hudson St. from Midway Park to Nancy Todd Garrett Memorial Park. The foregoing ordinance was passed and approved on its first reading w'tth the following vote: Chesney, Garcia, Kelly, Kinnisen, Marez, Noyola, and Scott, voting "Aye"; Gan-eR abstained; Cooper was absent. Mayor Garrett thanked the Council for approving the ordinance, and he thanked Ms. Billish Minutes - Regular Council Meeting June 28, 2005 - Page 19 for her efforts as well. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 27, a third quarter FY 2004-2005 budget/performance report. Assistant Director of Management and Budget Eddie Houlihan noted the information in today's report represented unaudited third quarter results. Regarding general fund revenues, he stated 81.38 percent of budgeted revenue had been received by the third quarter. He said the city was on tract to meet projections in the proposed budget The projection was $764,671, or one-half percent, higher than the budgeted mounts. In addition, he said sales tax receipts were also on track to meet projections, and Murficipal Court revenues were strong. He reported an increase in Solid Waste Services revenue as a result of increased activity from two large vendors. Finally, he said franchise fees were on track with projections but lower than budgeted mainly due to a decrease in the number of lines reported for telecommunication fees. He said staffhad scheduled a teleconference w/th the PUC to discuss the situation. Regarding general fund expenditures, Mr. Houlihan stated that 69.4 percent of the budget was expended with 75 percent of the year completed. He said there were no major variances at this time, but staff was keeping an eye on rising fuel prices, especially as they affected the street and solid waste departments. He said the city had been able to absorb the increase in fuel prices up to this point. Mr. Houlihan then reviewed a number of graphs illustrating year-to-date (YTD) revenues and expenditures in the general fund. Mr. Houlihan briefly discussed the status of the enterprise funds, comprised of the water, airport, ambulance, and golf funds. He said the water fund had experienced an increase in revenue due mainly to rate increases and an increase in water usage for residential and commercial customers inside the city The airport fund had also seen an increase in revenue associated with oil and gas leases and overall improvements. Revenues in the ambulance fund also increased primarily because the fee structure had resulted in increased Medicare and Medicaid payments. Finally, he said the golf fund revenues were slightly off from budget due to construction, but were higher than the same time the previous year. Mr. Houlihan reviewed a number of graphs illustrating YTD revenues and expenditures in the enterprise funds. Mr. Houlihan discussed the status of the internal service funds, which are budgeted allocations for services to internal customers. The internal service funds are comprised of the stores fund, maintenance services, and risk management. Mr. Houlihan stated the stores fund revenues continued to increase primarily because staff was keeping high volume items in stock and was communicating better with departments. The maintenance service revenues had also increased due to increased fuel prices. Finally, he said the risk management fund reflected lower than budgeted expenditures for health insurance, general liability, and workers' compensation_ Mr. Houlihan reviewed a number of graphs illustrating YTD expenditures and revenues in the internal service Mr. Houlihan discussed the status of the special revenues funds, comprised of the hotel occupancy tax fund (HOT), the Reinvestment Zone No. 2 fund, and the Crime Control and Minutes - Regular Councd Meeting June 28, 2005 - Page 20 Prevention District fund. He reported the Hotel Occupancy Tax fund revenues were tracking about six percent below budgeted levels ($6.6 million), and the city would need to see a "strong finish" to meet projections in this area. The Reinvestment Zone No. 2 fund had also seen an increase in revenues because of very favorable appraised values in the Packery Channel area. Finally, he stated the Crime Control and Prevention District fund had also seen an increase in revenues mainly because they had conservatively budgeted their sales tax revenue. Mr. Houlihan concluded by displaying a number of graphs depicting the YTD revenues and expenditures in the special revenue funds. Mr. Scott expressed concem that statistics from the Convention and Visitors Bureau (CVB) regarding the Hotel Occupancy Tax were not in line with the city's estimates. He said the CVB had recently provided statistical data indicating that the economic picture was good, and had even requested an increase in funding to continue their efforts. The city's estimates, however, did not support this report City Manager Noe replied affirmatively, saying there appeared to be a disjoint between what the city was seeing in terms of hotel occupancy rates and the resulting revenue stream_ He said the city was investigating the discrepancy, which could be attributed to individual pay practices by certain hotels. Mr Kinnison added the CVB was supposed to be making an effort to provide standardized reporting per their contract, so their figures would match what the State of Texas's website showed. He also stated that a significant amount of hotel business was non-taxable because it was driven by governmental use. Mr. Noe stated the city was considering adding an incentive to the CVB contract to encourage them to follow-up with hotels to ensure payment of the HOT tax. The next presentation was Item 28, a third quarter report on the Health Benefits/Risk Management Fund. Director of Human Resources Cynthia Garcia began by reporting on the status ofthe health benefits fund. She displayed a graph depicting the number ofclaims filed by plan. She noted the average number of claims per month was 6,343 this quarter, compared with 2004 third quarter numbers of an average of 6,130 claims per month. A second graph illnstrated the dollars paid by plan including prescriptions. Ms. Garcia stated the average monthly amount paid in this quarter was $1,470,000, while last fiscal year, the average monthly amount was $1,224,000. A third graph depicted the cost per claim. Ms. Garcia stated the average cost per claim in the third quarter was $234, while last fiscal year, the average cost was $199. She noted the Fire Department's average claim was $412.87, up fi.om $365.69 per member last year this quarter. The Police depa. tment cost was $484.71 per member, down from $493.78 last year this quarter_ Citicare cost was $385.33 per member, compared with $326 per member. Ms. Gan:ia reported that this quarter, staff included coverage for smoking cessation and obesity to proactively affect the cost of health insurance in future years. In addition, she stated next year's health insurance rates included a nine percent increase in Citicare and in Police, and a six percent increase in Fire. In response to Mayor Garrett's question, Ms. Garcia reported retirees would see a nine percent increase in health insurance rates. Minutes - Regulax Council Meeting June 28, 2005 - Page 21 Mayor Garrett asked Ms. Garcia to explain why health insurance rates were going up. Ms. Garcia replied the city's health insurance rates were going up because health care costs were increasing. Mayor Gm'rea asked staffto disseminate information to city employees explaining the rationale for the cost increases. In response to Mr. Scott's comment, Ms. Gm-cia stated the premiums were paid by the employee, but the cost increase was mostly subsidized by the city in the Citicare and Police plans. In the Fire Plan, she said any cost increase was split evenly (50-50) by the city and the employee. Mr. Kiimison noted there was a new accounting change that would require the city to account tbr the cost of retirees' benefits effective July 31, 2007. City Manager Noe explained the GASB recording rules required that the city calculate retiree health care costs, particularly the amount the city was subsidizing, and report it as a long-term liability. Mr. Kinnison added the new requirement would require the city to decide whether to leave this unfunded liability or find a way to fund it. He said the city would have to examine how long they can continue to provide the benefit. Health Benefits Manager Quentin Masters stated the situation would be much worse if the city offered guaranteed payment of premiums in their retirement, which it does not. Ms. Garcia stated the city included retirees in the same pool as current city employees, but the retirees paid their own premiums. Ms. Garcia reported on the status of the Risk Management Fund, comprised of the workers' compensation and general liability funds. Beginning with the workers' compensation fund, she referred to a graph depicting incurred costs versus the paid costs. She said there was $757,833 In incurred costs for the first nine months of this year, as opposed to $1,782,734 in incurred costs last year at the same time. The total claims paid tiffs year in the first nme months was $525,498, compared with $848,988 last year. Ms. Garcia displayed a graph illustrating dollars paid in the current year for prior years' claims. In the first nine months of this year, $1,670,468 was spent on prior year's claims. She said the Police department was down by 29 claims, and the Fire department was down by 27 claims, and the Solid Waste department was down by 35 claims. The Parks department was up by 15 claims, Wastewater was up by six claims, and the All Other category was up by 44 claims. Mr. Noyola expressed concern that employees were being released from limited duty before they were physically ready to resume their full duties. He had heard from some employees who felt the city's doctors at Concenlra were rushing them to resume their full duties to benefit the city. Ms_ Garcla replied the employees had the option to use their own physician. She stated that the city did not rush employees back to work because of the risk of re-injury. If the employee had a problem with Concentra, she said the city had medical case managers who could advocate for the employee. She encouraged employees to speak with Ms. Cindy Papageorge, the city's DRC coordinator as well. Ms. Garcia referred to a graph depicting year-to-date claims count by type of injury (period ended April 30). She said inflammation was down by 50 percent; contusions were down by 23 percent; sprains were up by 13.5 percent; and punctures were up by 11 percent. RegardIng the general liability fund, Ms. Garcia displayed a graph enumerating the liability claims count by department. There were a total of 576 claims filed this year at this point, compared Minutes - Regular Council Meeting June 28, 2005 - Page 22 to 686 claims last year in the first nine months. She said every department was down except for Fire, which remained at the same level of 39 claims, and Park Maintenance, which increased slightly from 18 claims last year to 23 claims this year. Ms. Garcia displayed a graph depicting incurred costs by department (claims filed). She stated the city's incurred costs were up $36,426 for the first nine months of this year compared to last year. The Police department, however, was down by $285,108, and the Water department was up 5181,354. Ms. Garcia referred to a graph illustrating dollars paid in current year for previous years' claims (as of April 30, 2005), totaling $1,114,208 in the first nine months of this year. Finally, Ms. Garcia displayed a graph depicting the types of claims for the period ended April 30. She said vehicle damage was the number one type of claim, but it was down to 291 claims from 327 claims in the first nine months of this year. Property damage was down by 57 claims to 162 claims in the first nine months. The next presentation was Item 29, an update on the design, implementation, and evaluation of the Wireless Fidelity (Wi-Fi) and Automated Meter Reading (AMR) pilot projects. Director of Municipal Information Services (MIS) Ogilvie Gericke reviewed the history of the numerous issues facing the city's current manual meter reading services, concluding that staffhad determined it was prudent to evaluate if Automated Meter Reading (AMR) was a more cost eff'ective solution. As part of the evaluation, Mr. Gericke stated the projected cost estimates indicated that AMR was a viable alternative to manual meter reading; and the sharing of infrastructure with other wireless systems was also desirable. Subsequently, the city contracted with Public Technology, Inc. (PTI) for the design, implementation, and evaluation of AMR and Wi-Fi pilot projects. In addition, the city contracted with Northrop Gmmman and TROPOS for installation of the AMR and Wi-Fi pilot systems. Mr. Gericke discussed the project goals for the AMR and Wi-Fi pilot projects as follows: automated meter reading for municipal gas and water services; and put extra Wi-Fi mesh network bandwidth to use for public works and public safety applications as well as public access. Mr. Geficke provided a status report on the AMR pilot, saying the project was in its final stages. The city had installed 4,262 meters, and had problems with only 42 meters. The meters were being read twice a day, and had been successfully interfaced with the Utility billing system. Staff was finalizing cost projections for Council presentation in July or August 2005. Funding for Phase 1 of the citywide deployment was included in the FY 2005 CIP program. Mr. Gericke provided a status on the W~-Fi pilot project. He said the pilot was completed at a cost of $1,041,200. A contract in the amount of $79,950 was awarded for consulting service to support the Digital City Initiative. The citywide deployment cost was expected to be $5,934,875, and the MIS budget request for FY 2005-2006 included funding for operation and maintenance. Mr_ Minutes - Regular Council Meeting June 28, 2005 - Page 23 Gericke then displayed a map of the AMR and Wi-Fi pilot areas. Mr. Gericke discussed the security measures being taken to protect the integrity of the Wi-Fi system. They employed a multi-layered security model including the following elements: TROPOS - encryption between devices; PRONTO - secure sign-on; VPN and Netilla - secure internet access; CISCO - firewall protection; and VLAN - separation between communication links. Mr. Gencke briefly discussed the anticipated results of the AMRJ~Vi-Fi systems. He said the system would provide an opportunity to increase efficiencies, citizen satisfaction, and energize economic vitality. In addition, Corpus Christi was the first city out of 10 cities worldwide to be named to Intel's Digital City Initiative. City Manager Noe remarked that Intel would soon undertake an intensive marketing effort to publicize the program. He said Intel would use developments from this initiative for marketing their chips to computer manufacturers worldwide. Mr. Gencke discussed the Digital City concept in more detail. The concept vision was to create a connected community that combined broadband communication infrastructure and innovative services to better meet the needs of governments and their employees, citizens, and businesses. The Digital City concept was designed to be a multi-year program; provide proof of concept by multiple partners; obtain measurable results; strengthen economies; and ensure citizen access to services. Mr. Gericke stated staffhad begun forming cooperative parmerships to develop and test the "proof of concepts" and had begun work on a business plan. They issued an initial call for partnerships and received numerous responses from SBC, Sprint, CellNet, Northrop Gmmman; RightWay; Pronto; NextPhase; and Novax. They also met with representatives fi.om the Corpus Christi Independent School District; Downtown Management District, Regional Transportation Authority, and the Port of Corpus Christi Authority. Mr. Gericke gave a number of examples of"proofs of concept" as follows: mobile inspection program; healthcare system information/first responder access; public safety tactical access to streaming video and mug shots; affordable automatic personal location; and public school student/teacher/parent access system. Mr. Gericke discussed the challenges facIng the Wi-Fi and Digital City imtiatives. He said the Wi-Fi and Digital City initiative will have a major impact on operation and management of the MIS department. To meet the challenge, the city must take the following measures: ensure Information Technology investment; ensure the city has the ability and knowledge to effectively manage technology; plan for the major technology transformation; solidify definition of to-be environment; ensure MIS department is positioned to support the to-be environment; and ensure processes are stable before moving into more complex environment. In addition, Mr. Gericke said the city was working with Northrop Grumman on a proposal to develop a Strategic Technology roadmap; and to perform a network-focused business impact analysis. Mr. Gericke discussed the strategic roadmap the city was using in the Wi-Fi process which was comprised of the following elements: process mapping; technology assessment; and a strategic technology roadmap. Minutes - Regular Council Meeting June 28, 2005 - Page 24 Mr. Gericke discussed the network-focused Business Impact Analysis (BIA). He said the analysis was comprised of the following elements: manpower utilization study; fiber planning/design integration; network design evaluation and recommendation; assess needs and requirements for a network operations center; perform a business continuity review; and network documentation migration. Mr. Gericke covered the next steps in the process during the months of July and August. First, staffwould present the Preliminary Business Plan and request approval to incorporate directed changes and proceed with implementation. Second, he said staffwould request approval to execute contracts for the follow/ng operations: design, installation, testing and integration of the citywide wireless network; development of a Strategic Information Technology roadmap; performing a network-focused Business Impact Analysis; acquisition of hardware and management services necessary for secure sign-on; and access to utility poles and power supply to Wi-Fi devices. Mr. Garcia asked if the cost projections presented today were the worst-case scenaho. Mr. Gericke answered affirmatively. City Manager Noe added that as part of the Digital City Initiative, Intel would present a scientific document that would demon,txate the efficiencies to be gained from the Wi-Fi. In response to Mr. Scott's question, Mr. Noe replied that Wi-Fi services would be free to the public until July 31. He said staff had used the pilot program period as a way to obtain data for analysis. He said there were no mediate plans to charge for the service, but cautioned that the service would not be a permanent connection. In addition, he said Intel's "proof of concept" research would be a vehicle for obtaining free software and hardware to further the concept. In response to Mr~ Kinnison's question, Mr. Noe stated the capital budget included funding for aspects of the AMR/Wi-Fi implementation, and this budget had already been approved by Council. He said the operating budget assumed some maintenance of the Wi-Fi in place today, and modest cost for potential expansion. He emphasized, however, that the bulk of the costs would be spent in construction. The final presentation was Item 30, an overview of the proposed FY 2005-06 Budgets for Internal Service, Special Revenue, and Debt Service funds. Regarding the internal service funds, (comprised of the stores, maintenance services, MiS, engineering services, and combined risk management funds), Assistant City Manager Oscar Martinez stated the FY 2006 estimated revenues total was $74,323,743, up from $69,398,030 in FY 2005. FY 2006 expenditures were estimated at $73,492,373, up from $63,421,786 in FY 2005. Mr. Martinez attributed the increase primarily to increases in risk management costs. Regarding the stores fund, Mr. Martinez said FY 2006 revenues were estimated at $3,647,289, down from $3,671,226 in FY 2005. He noted it was a strategic decision to reduce fund balances in the internal services funds. FY 2006 expenditures were estimated at $3,841,754, up from $3,530,896 in FY 2005. He said warehouse services comprised approximately 80 percent of the stores fund activity, and increased use of warehouse services reduced overall costs for departments Minutes - Regular Council Meeting June 28, 2005 - Page 25 due to volume buying. Regarding the maintenance services fund, Mr. Martinez said FY 2006 revenues were estimated at $17,206,00, up from $16,246,427 in FY 2005. FY 2006 expenditures were estimated at $18,599,950, up from $16,827,096 in FY 2005. He noted the projected increase in the cost of fuel exceeded the FY 2005 budget by $1.3 million. Regarding the MIS fund, Mr. Martinez said FY 2006 revenues were estimated at $13,054,313, up from $12,090,067 in FY 2005. FY 2006 expenditures were estimated at $13,345,147, up from $12,009,070 in FY 2005. He noted the FY 2005 MIS fund reflected an increase of 18 FTEs, primarily due to the absorption of 15 FTEs from the Call Center. Two FTEs xvere transferred from public safety departments and 1 additional technical specialist was transferred as well. He clarified that the MIS fund was comprised of two departments, MIS and E-Government services. In 2001, he said the city initiated re-engineering and consolidation of technology services to accomplish greater efficiencies and effectiveness. Although staff and funding were moved into the MIS fund, he said the associated costs were allocated back to the relevant departments. The Customer Call Center, for example, was moved to E-Government Services; additionally, technical staff firom public safety, public works, and municipal court and health were moved into the MIS depamnent. He noted that budget variances between FY 2005 and FY 2006 in this fund were $598,362, with $168,910 of that amount budgeted to MIS and $429,452 budgeted to E-Government Services. Mr. Martinez discussed the MIS Fund FY 2005 service expansion in E-Government Services and the Call Center. Regarding the engineering services fund, Mr. Martinez said FY 2006 revenues were estimated at $4,095,043, up from $3,893,253 in FY 2005. FY 2006 expenditures were estimated at $3,957,941, up from $3,788,563 in FY 2005. He noted there was no change in staffing levels in FY 2006, and budgeted expenditures in FY 2006 were $18,000 less than budgeted amounts in FY 2005. He covered the major strategies and priorities for expenditures in this fund. Regarding the combined risk management fund, Mr. Martinez stated FY 2006 revenues were estimated at $36,321,095, up from $33,497,057 in FY 2005. FY 2006 expenditures were estimated at $33,747,581, up from $27,266,161. He stated the major strategies and priorities in this fund were to develop and implement a city-wide risk management strategy; and to oversee the use, delivery, and cost of city employee insurance plans. He discussed key issues affecting this fund, including increases in health benefit insurance rates, and the status of the workers' compensation fund. Mr. Martinez covered the special revenue funds, comprised of the arena, Reinvestment Zone No_ 2, seawall, business and job development, development services, visitors' facility, crime control, and hotel occupancy tax funds. Total revenues for the special revenue funds was estimated at $36,552,999 in FY 2006, up fi-om $35,557,073 in FY 2005. FY 2006 expenditures are estimated at $33,303,906, down from $35,503,324 in FY 2005. Regarding the development services fund, FY 2006 revenues are estimated at $4,489,492, down from $4,591,907 in FY 2005. FY 2006 expenditures are estimated at $4,803,729, down from $4,839,148 in FY 2005. The key issues for this fund are as follows: increase of 3 FTEs in FY 2006; and operations revenues are projected to decrease by 4.5 percent in FY 2006. Mr. Martinez then Minutes - Regular Council Meeting June 28, 2005 - Page 26 discussed a number of major strategies and priorities in tkis fi. md. Regarding the crime control fund, Mr. Martinez stated FY 2006 revenues were estimated at $4,190,243, up from $4,058,825 in FY 2005. FY 2006 expenditures are estimated at $4,520,011, down from $4,262,632 in FY 2005. The key issues affecting this fund were as follows: sales tax revenue was projected to increase by 3 percent in FY 2006; and the FY 2006 budget reflected the continuation of current level of service. Mr. Martinez covered the major strategies and priorities for this fund. Regarding the hotel occupancy fund, FY 2006 revenues were estimated at $ 8,844,310, down from $8,437,882 in FY 2005. FY 2006 expenditures were estimated at $8,990,732, down from $9,250,623 in FY 2005. Mr. Martinez discussed key issues in this fund as follows: hotel/motel tax is projected to increase in FY 2006 by 5 percent; funding for the CVB increased by $150,000; and the contribution for beach cleaning was increasing by $158,000 in FY 2006. He discussed the maj or strategies and priorities in this fund. Regarding Reinvestment Zone No. 2, Mr. Martinez stated FY 2006 revenues were estimated at $1,180,980, up from $1,002,612 in FY 2005. FY 2006 expenditures were estimated at $1,172,150, up from $540,8 l 4 in FY 2005. The key issue in this fund was that FY 2006 funding for operating capital for Packery Channel project improvements was programmed at $500,000. He discussed the major strategies and priorities for this fund. Regarding the seawall fund, FY 2006 revenues were estimated at $4,858,208, up from $4,633,402 in FY 2005. FY 2006 expenditures were estimated at $1,545,582, down from $3,067,181 in FY 2005. Key issues in this fund were as follows: debt service costs for seawall- related debt was programmed to decrease by approximately $1.5 million in FY 2006; sales tax revenue was projected to increase by approximately 4.3 percent in FY 2006_ Regarding the arena fund, FY 2006 revenues were estimated at $4,893,646, up from $4,635,954 in FY 2005. FY 2006 expenditures were estimated at $4,146,789, down fxom $5,220,520 in FY 2005. The key issues are as follows: sales tax revenue was projected to increase by approximately 4.3 percent in FY 2006; and FY 2006 funds were programmed to support debt service and transfer to the visitors' facility fund remain approximately the same for FY 2005_ Regarding the business and job development fund, FY 2006 revenues were estimated at $4,773,038, up from $4,536,706 in FY 2005. FY 2006 expenditures were estimated at $4,560,400, down from $4,823,780 in FY 2005. Key issues in this fund included the following items: FY 2006 sales mx revenue was projected to increase by 4.6 percent; and FY 2006 budget provided funding fro insurance for the baseball stadium. Regarding the visitors' facility fund, FY 2006 revenues were estimated at $3,231,694, down from $3,568,350 in FY 2005. FY 2006 expenditures were estLmated at $3,469,378, up from $3,172,277 in FY 2005. The key issues in this fund included the following: operations and maintenance of the convention center/arena were projected to increase by $422,000, but the coliseum costs were decreasing by $150,000. Minutes - Regular Council Meeting June 28, 2005 - Page 27 Regarding the Local Emergency Planning Committee (LEPC) fund, FY 2006 revenues were estimated at $91,388, up from $86,435 in FY 2005. FY 2006 expenditures were estimated at $95,135, down from $104,065 in FY 2005. A key issue in this fund was that the FY 2006 budget was programmed to be $10,000 less than expended in FY 2005. Finally, Mr. Martinez covered the debt service funds. He pointed out that in FY 2005, debt service expenditures went down from $94 million to $69 million, which he attributed to refunding efforts. In addition, he said the city's debt load in all but one of its funds was either remaining constant or decreasing. The exception was the North Padre Island TiF fund, which required the deferment of payment on pnncipal to have time to build up a $3 million in reserve. Mr. Garcia noted that during the Council Audit Committee meetings, the issue about the lack of payment for in-house engineering services was raised. He asked if staff would be billing for engineering services now. Mr. Martinez answered affirmatively. Mr. Noyola asked questions about the new 4-tier system for prescriptions the city would be implementing in the FY 2006 health benefits plan. Mr. Kirmison asked staffto break out the costs in Hotel Occupancy Tax that were used for general purposes and for the convention center expansion. Mr. Scott expressed an interest in funding improvements to the downtown area for enhanced sidewalks and landscaping to make going from the arena to the baseball stadium, for example, a more pleasurable experience. Mr. Scott and Mr. Garcia asked for more information on expenditures in the business and job development fund. Mr. Scott asked about beach cleaning costs. Mr. Martinez stated these costs were incurred in the general fund. He said staff had overestimated revenues to be gained from the beach permit sales, and thus had to lxansfer revenues from the hotel/motel tax to cover them. Mr. Scott stated he thought the city did a good job cleaning the beaches, but had issues with enforcement of littering laws. City Manager Noe added the city had approached the county about assisting them with the beach cleaning effort. Mr. Noyola asked if the city was increasing eaforcement efforts on beach permits. Director of Parks and Recreation Sally Gavlik stated staff would be working with the code enforcement division to issue more tickets and to sell permits to those in need. 31. Mayor Garrett announced the executive session, which was listed on the agenda as follows: Executive session under Texas Government Code Section 551.072 regarding the acquisition of property for a new wastewater txeatment plant, with possible discussion and action related thereto m open session. The Council went into executive session. Minutes - Regular Council Meeting June 28, 2005 - Page 28 The Council returned from executive session, and Mayor Garrett called for the City Manager's report. City Manager Noe reported that beginning on Tuesday, July 5, the animal care facility at 2626 Holly Road would permanently provide services on Saturdays. In addition, he stated the city would be aggressively enforcing the prohibition of unauthorized fireworks on July 4. Finally, he stated that at the next meeting, the public hearing for the operating budget was scheduled well as a report on crime statistics. Mayor Garrett reported an area near the front door of city hail was being used as a rest, room at night. He asked Mr. Noe to look into the matter. He also reported about complaints he had received about a performer at the Concrete Street Amphitheater who had made crude and derogatory com~nents about the city. Mr. Noe said he had received a call about the incident and was following up on it. Mayor Garrett called for Council concerns and reports. Mr. Noyola asked when the Tri-Dam study would be completed. Mr. Noe replied the study may be in by the end of this week. Mr. Noyola also asked if there was any way to ban the sale of fireworks in the city and the county. Mr. Noe said he would look into it. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:30 p.m. on June 28, 2005. 2 a. CABLE COMMUNICATIONS COMMISSION Two (2) vacancies with three-year terms to 7-27- O8. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of fimding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of fi,,e residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable cornmunications franchise granted by the city shall be eligible for membership on the cormnission. Each commission member shall be at the time of appointment, or shall become within thirty days after appointment or the availability of cable service, a subscriber to a cable communications system holding a franchise in the city. The commission shall select from its membership a chairperson and a vice-chairperson whose terms shall be one year. MEMBERS **Richard Pulido, Chairperson *****Norma Torres Sylvia Dancer Adtia Renee Palacios Juan Gm-cia, Jr. ORIGINAL TER3IS APPTD. DATES 7-27-05 8-20-02 7-27-05 2-17-98 7-27-07 7-10-01 7-27-06 9-23-03 7-27-06 9-23-03 **Not seeking reappointment *****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment INDIVIDUALS EXPRESSING INTEREST Sandra L. Maddox Marketing, KTOV UPN Television. Attended Del Mar College, Southwest University and U.S. Air Force. Activities include: Chamber of Commerce Arnbassador Chair, HSMA and Leadership Corpus ChfistL (5-24-05) Hortencia B. Sanchez Certified as an Office Clerk from Legal Assistant Associates. Pursuing a B.A. in Telemarketing and minor in International Law. Activities include: certified Director of Religious Education, Legal Assistant Association, and Executive Liaison of the City P.T.O. at Haas Middle School. Received the "Who's Who" Award from Junior College. (2-24-05) Lattice M. Sellers Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) Dr. Bruce Nelson Stratton General Manager, KFTX Radio. Received B.A. in Broadcasting from Alameda College and University. Accomplishments include: Gawn Music Director of the Year Award, Inductee into Country Music Hall of Fame, and nominated twice for the Air Personality by Country Music. (6-30-05) Robert A. (Bob) White Retired Vice-President/General Manager, KIII-TV. ReceiYed a degree in Journalism/Radio from the University of Texas at Austin. Received the Abe Lincoln Award for excellence in broadcasting and a commendation from the House of Representative. Has also served on board of Nanonal Association of Broadcasters, Medium Market Television and hosted/organized the Driscoll Foundation Children's Hospital Miracle Network Telethon. (6-30-05) b COMMITTEE FOR PERSONS WITH DISABILITIES One (1) vacancy with term Io 2-01-06. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the C~ty Council. The mem'oership of the committee shall be composed of individuats with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision o£services to persons wi[h disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex-officio non-voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voUng member of the Human Relations Commission. MEMBERS TERM Linde Fallwell-Stover, Chairperson 2-01-06 ***Crystal Lyons 2-01-06 Mary J. Saenz 2-01-07 Brian Watson 2-01-07 Roberto M, Flores 2-01-07 Billy Ray S ayles 2-01-06 Toni Padilla 2-01-06 Eloy Soza 2-01-07 David Walker 2-01-07 Park & Recreation Director Ex-officio Human Relations Director Ex-officio Budding Official Ex-officio ORIGINAL APPTD. DATE 2-27-01 2-27-01 8-21-01 11-11-03 2-27-01 12-11-01 2-2%01 2-27-01 2-15-05 ***Resigned INDIVIDUALS EXPRESSING INTEREST Adrian Desmond Dansby Teacher/P.T. Assistant Pr/ncipal. Received A.A. from Del Mar College and B.A. and M.A. from Corpus Christi State University. Formerly served on Human Relations Commission and Sister City Committee. Inducted to the Del Mar College Hall of Fame 1982. (2-23-05) Nomm Jean Franklin Student in Computer Sciences, Texas A & M University - Corpus Christi. Attempting to relearn computer skills to teach people with computer devices-service. (2-28-05) Michelle Jones Independent Living Specialist-Relocation, Accessible Communities-Coastal Bend Center for Independent Living. Licensed as a Registered Nurse. Graduated from the Coastal bend Advocacy Training and Partners in Policy. Current Secretary of Accessible Communities of the Coastal Bend (1-27-05) Larry Rast Owner, Marathon Mortgage. Received B.A. in Sociology from Texas Tech Umversity and M.A. in Community Counseling from Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Famihes Self-Sufficiency Advisory Corrmfittee. (11-14-04) Miles D. Toren Assistant Chief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2-19-05) Rosa M. Valdez Marketing/Sales, TIBH Industries, Inc. Received B.A. in Liberal Arts from Texas A & M University Corpus Christi. Activities include: Parent volunteer of National Hisparfic Institute, C.C. Business & Professional Women's Club, Leadcrslmp Corpus Christi Class and Steering Committee and the Del Mar College TACHE Organization_ (I-13-05) CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Two (2) vacancies with two-year terms to 7-31-07. DUTIES: Organized exclusively for the purpose or' benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on Nove~nber 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be ma~mged by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired temp. Each director must be a resident of the City. MEMBERS *Gail Hoffinan, Chair Robert Broadway, Vice Chair Michael Bermzzi Dr. Rosie Bonilla *Sam J. Susser ORIGINAL TERM APPTD. DATE 7-31-05 1-08-02 7-31-06 9-12-00 7-31-06 7-13-04 7-31-06 9-12-00 7-31-05 9-12-00 *Seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Gall Ho ffman Sam J. Susser NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 8 7 88% 8 8 100% OTHER INDIVIDUALS EXPRESSING INTEREST David Cadena Vice President-Credit Products Underwriter, Bank of America. Received B.A. from Texas A & M University - Corpus ChrisU. Activities include: C.C. Hispanic Chamber of Commerce and the PDAP Fundraiser. (_;-04-05) Robert Cagle Vice President-Turnaround Division, Repcon, Lac. Received B.S. in Engineering Science and Mechanics and M.A. in Business Administration. Member of the Rotary Club of Corpus Christi. (4-21-05) Joe Cisneros [II Evy Coppola Guadalupe J. Gomez Diane LaRue Randall L. Meredith Delfino Ornelas Larry Rast Latrice M. Sellers CEO, Corpus Christi Hispanic Chamber of Commerce. Recipient of the Small Business Advocate Award fi.om the Small Business Association and the Westside Business Association. (8-18-04) Owner, Pathways to Wellness. Activities include: Founder,q)irector of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (4-21- O5) Self-employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3-10-05) Independent Marketing Director, Melaleuca, Inc. Attended LaSalle Universny, Temple University and Holy Family College. Activities include: Mission 911, rWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable mad Leadership Corpus Christi Class XXIX. (2-25-05) Attorney, Meredith Law Office. Received B.A. and M.B.A fi.om Texas State University and J.D. fi.om St. Mary's University School of Law. Dedicated to family and community. (3-21-05) Unit Director, H.E.B. Grocery Company. Activities include: board member of the Westside Business Association, Del Mar College Business Board and Del Mar College Foundation. Received the Business Man of the Year for Hispanic Chamber of Commerce and Diversity Council Member of the Year. (5-24-05) Owner, Marathon Mortgage. Received B.A. in Sociology from Texas Tech University and M.A. in Community Counseling from Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Families Self-Sufficiency Advisory Committee. (11-14-04) Department Head/FSM1V, Texas Dep~utment of Criminal Justice. Received A.A. in Communications fi.om Del Mat College. Activities include: Steering Corm'mttee for Flour Bluff I.S.D. Educational Foundation, cable access show Marsha Williams "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6-09-05) CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD Five (5) vacancies with three-year terms to 7-31-08 representing the following categories: 1- Restaurant, 2 At Large, 1 - kodging and 1 Attractions. DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area of the potential trade advantages of the visitor industry; create a comprehensive publicity, advertising and promotional program to solicit and attract conventions and visitors to the Corpus Christi Bay Area and provide appropriate services co~mected therewith; promote and assist programs of information, education, recreation and development of visitors to such areas; and create friendly relations between the citizens of the area and visitors. COMPOSITION: Fifteen (15) members selected directly by the City Council. The members shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 - area attractions; I - air/ground transportation industry; and 7 - community at large. The above members shall include persons from all areas of the City in order to assure diverse geograpkic representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority, Corpus Christi International Airport and the Coastal Bend Regional Tourism County, or their designees, shall serve as additional non-voting members of the Board Appointments will be for staggered, three-year terms; provided that the term of office of any member who is a public official shall coincide with his or her term of public office. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS **Dave Prewitt (Restaurant), Chairman Tom Schrmd (Atn-actions), Co-Chair Curt L. Broomfield (Restaurant) **Bert Quintanilla (At large) Govind Nadkami (At large) *Jody Patel (Lodging) **Bill Goin (Attractions) J.J. Gottsch (At Large) Vangie Chapa (Transportation) Bill Morgan (Lodging) Kevin Latone (Lodging) Sandi McNorton (At large) Foster Edwards (At large) John Trice (At large) *Dan Viola (At large) John Vails (Port of Corpus Christi) Dave Harnrick (Corpus Christi International An-port) Ann Vaughn (Coastal Bend Regional Tourism) Mayor City Manager ORIGI2~AL TERM APFrD. DATE 7-31-05 06-12-01 7-31-07 02-20-01 7-31-06 09-09-03 7-31-05 02-22-00 7-31-06 02-22-00 7-31-05 02-22-00 7-31-05 02-22430 7-31-06 11-09-04 7-31-07 07-22-03 7-31-07 05-16430 7-31-06 07-08-03 7-31-07 03 -02-04 7-314)6 05-11-04 7-31-07 02-22-00 7-314)5 05-08-01 Ex-Officio Ex-Officio Ex-Officio Ex-Officio Ex-Officio *Seeking reappointment **Not seeking reappointment NOTE: The Corpus Christi Convention and Visitors Bureau Board is recommending realigning J.J. Gottsch from an At Large position to the Attractions position, The Board is also recommending the reappointment of Dan Viola (At Large) and Jody Patel (Lodging). If the Council concurs with the Board's recommendation of realignment of Mr. Gottsch and reappointment of Mr. Patel and Mr. Viola, there will be one (1) Restaurant and two (2) At Large vacancies. Per the Convention and Visitors Bureau's agreement with the City, the Board is required to submit more names than vacancies. The Board is maMng the following nominations for consideration: Restaurant: Chris Aebu, Corbett "Butch" Pool and Daniel Dain At Large: .~lark Richmond, Ma~ Martin, Kim EDvin, Dick Drilling and Jimmy Mitchell Lodging: Jack Rush OTHER INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Chef/Owner, Restaurant Lavender. Attended the California Culinary Academy. (Restauran0 (4-28-05) CliffAtnip Partner/Real Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. (AtLarge) (4-22-05) J.C. Ayala Owner/Travel Agent, Let's Travel. Current member of the Chamber of Commerce and Hispanic Chamber of Commerce. Graduate of Mexico Tourismo. (At Large) (8- Gerald W. Brown, Sr. Vice President/Senior Analyst, RSI & Associates, Inc. Activities include: Member of the Institute of Business Appraisers, Member of the National Center for Employee Ownership, Nueces County Chapter of the Republican National Party, numerous committees at Second Baptist Church and Wounded Christian Ministries. (At Large) (02- 25-05) Debra Bruce Owner/Manager, Thrifty Car Rental. Member of the Rotary Club of Corpus Christi and past president, KEDT Board of Directors and the Corpus Christi Chamber of Commerce. Received the award from Y Women in Careers. (Transportation) (8-11-04) Rodney Buckwalter Manager, Training & Quality, First Data Corporation. Received A,A. from Del Mar College, B.A. and M.S. fi.om Texas A & M University Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Traiffmg and Development, Patriot's Band and Honor Guard of America. (At Large) (7-21-04) Teresa Carrillo Executive Director, Coastal Bend Bays Foundation. Received B.S. in Manne Science Emphasis and M.S. in Estuarine Ecology. Activities include: Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Enviromnental Representative for the Coastal Bend Regional Water Planning Group. (At Large) (3-18-05) Mary N. Carter Director of Physician Relating. Received B.A. in Biochemistry, B.S.N. in Nursing and M.A. in Management. (At Large) (6-22-05) Terry Carter President/CEO, Corpus Christi Chamber of Commerce. Received B.S. in Quantitative Finance from the University of South Alabama. Activities include: Corpus Christi Rotary Club and YOU Executive Committee. (At Large) (12-07-04) Evy Coppola Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Barrios Association and Yoga Alliance. (At Large) (4-21-05) Daniel Dain Owner, Domino's Pizza. Activities include: Forum Board and Distribution Advisory Board for Domino's PiT~za, Special Olympics Bay Ball comrmssioner and South Texas Development Board, National Rifle Association treasurer and Leadership Corpus Christi. (RestauranO (5-24-05) Richard "Dick" Drilling General Manager, Kill TV. Received A.A. from Fresno City College. Member of the Art Museum of South Texas, Driscoll Children's Hospital, Best of the Best and Heart Association. (At Large) (6-08-05) Guadalupe "Albert" Garcia Retired, Corn Products. Attended Del Mar College. Local musician and founding member and board member of the Texas Jazz Festival. (At Large) (2-23-05) Kim Er~vin Owner/Broker, Realty World Island Properties. Received B.A. from Dana College and is currently xvorking towarcks Masters in Business Administration. Activities include: Vice President of Padre Island Development AssociaUon, Kiwanis Club, Avarice and Women's Council of Realtors. (/lt Large) (8-16-04) lmda Figueroa Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended University of Houston and Texas A & I University. Member of the Texas Democratic Women and the Robstown RIDC. (At Large) (9-30-04) Doreen M. Harrell Community Coordinator, Grande Communications. Received B.A. in Communications with a minor in Public Relations from Texas A & M University Corpus Christi. Activities include: Team Grande, Grande Passion and Commitment Investment Club Board Advisor, Corpus Christi Chamber of Commerce and the Corpus Christi Hispanic Chamber. (,4t Large) (8-09-04) Laura Herbert Insurance Advisor, GSM/Arvak. Activities include: Better Business Bureau, Delta Gamma, and Past President and Current Board member ofCBAHU. (AtLarge) (2-21-05) Dora L. Hidalgo Clinical Record Administrator, MHMR of Nueces County. Registered health administration technician. Member of the Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico (~4tLarge) (9-29-04) Dim~e LaRue Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (At Large) (2-25-05) Chad Magill Chief Information Officer, Identity Theft Solutions, LLC. Associate Member of Certified Fraud Examiners at Houston Community College. Activities include: Chamber of Commerce, Hispanic Chamber of Commerce, Westside Business Association, and SEA. (At Large) (6- 28-05) Matt Martin Jimmy Mitchell Corbett "Butch" Pool Richard Pulido Jamie Pyle Mark Richmond J ack Rush Vice President/Market Manager, Clear Channel Broadcasting. Received a Marketing degree from Texas Tech University. Activities include: Board member for Texas Association of Broadcasters, Hispanic Chamber of Commerce, Regional Economic Development Corporation and Chamber of Commerce. (AtLarge) (11-02-04) Naval O£ficer/SubstJtute Teacher, Retired Military/Flour Bluff Independent School District. Received B.S. from Central State University. Currently worl(~ng on A.A. in Hospitality management at Del Mar College. Currently a member of the Navy League. (At Large) (8-02-04) Owner, Triton Sea Products, Inc. Received B.A. fi.om Texas A & M University -- Corpus Christi. Activities include: Leadership Corpus Christi Board of Directors, Bayfest, Graffiti Wipe Out, Greek Festival volunteer and the American Cancer Society Cattle Baron's Ball. (RestauranO (5-23-05) Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Committee with the American Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (,4t Large) (7-08-05) Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering from Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (At Large) (8-09-04) Self-employed/Publisher, The Business Journal. Received B.A. from the University of West Florida. Activities include: Heart Board, Rotary Club and the Ad Club. Received the SBA "Business Journalist of the Year" Award. (At Large) (5-11-05) Managing Agent/General Manager, Port Royal Ocean Resort Condominiums. Member of the AH&LA/AAA Marketing Task Force. (Lodging) (4-21-04) Lawanda Skrobarczyk Marsha Williams Bella Zavala President/COO, 1~t Commerce Mortgage. Has a Real Estate Agent and MTG Loan Officer license. Activities include: BACC, CCAR and the Chan~ber of Commerce. (At Large) (6-08-05) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & [ University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (At Large) (6-09-05) Corporate Sales Manager, Port Royal Ocean Resort and Conference Center. Received an Associate's degree from Del Mar College. Activities include: FOCCB, Forward Corpus Christi, HSMA, Hispanic Chamber of Commerce and the Chamber of Commerce. (Lodging) (6-10-05) PLANNING COMMISSION Ttu-ee (3) vacancies with three-year terms to 7-31-08. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the begi~ming of the budget ycar a list of reconnnended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information fi.om other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in Aagust of each year. MEMBERS *****David Berlanga, Chairman *****Shirley Mires, Vice-Chairman Richard B. Smith Rudy Garza Eloy H. Salazar Robert Zamora Michael Pusley Fred Braselton *R. Bryan Stone ORIGINAL TER3I APPTD. DATE 7-31-05 7-13-99 7-31-05 7-13-99 7-31-07 7-10-01 7-31-06 2-22-05 7-31-06 7-11-00 7-31-06 7-11-00 7-31-07 2-13-01 7-31-07 7-13-04 7-31-05 7-09-02 *Seeking reappointment *****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM R. Bryan Stone 23 NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 17 (5 excused) 74% OTHER INDIVIDUALS EXPRESSING INTEREST Robert Cagle Vice President-Turnaround Division. Repcon, Inc. Received B.S. in Engineering Science and Mechanics and M.A. in Business Admirdstration. Member of the Rotary Club of Corpus Christi. (4-21-05) Teresa Carrillo Executive Director, Coastal Bend Bays Foundation. Received B.S. in Marine Science Emphasis and M.S. in Suzzette F. Chopin [ivy Coppola Kenneth W. Graves Paul Grivich Atilano Javier Huerta R. Bryan Johnson Estuanne Ecology. Activities include: Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Environmental Representative for the Coastal Bend Regional Water Planning Group. (3-18- 05) Professor/Director of Pre-Professional Education, Texas A & M University Corpus Christi. Received B.S. from Loyola University, M.B.A. from Texas A & M University Corpus Christi and Ph.D. from Louisiana State University Medical Center. Activities include: National Association for Advisors to Health Professions, IRB Driscoll Children's Hospital, and the Executive Board of the Texas Association of Advisors to Health Professionals. (2-23-05) Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Wests~de Business Association, Barrios Association and Yoga Alliance. (4-21- 05) Leading Chief Petty Officer, United States Navy. Received B.S. from George Washington University and M.A. from Webster University. Active member of the America College of Health Care Executives. Previously stationed in Yokosuka, Japan and fanfiliar with Japanese customs. (4- 2S-05) Extensive background in finance, accounting and management. B.S. in Political Science, Sam Houston State University. Activities include: former member of the Board of Adjustment and current member of the Nueces County Tax Appraisal District. (12-07-04) Project Architect, Cotton Landreth Kramer Archtiects. Received a Bachelor of Arctfitecture from Monterrey Institute of Technology in Monterrey, Mexico. Activities include: Ameficma Institute of Architects, Texas Society of Architects, C.C. Chapter AIA and the Hispanic Chamber of Commerce. (2-25-05) Self-employed, Real Estate Broker. Received B.S. in Applied Sociology from Texas State University and pursuing M.A. from Texas A & M - Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (5-31-05) Diane LaRue Joseph C. Loon Johnny R. Martinez Randall L. Meredith Mary A. Moya Dale M. Pittman John Powell Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX, (2-25-05) Professor of Geographic Information Systems and Conrad Blucher Endowed Chair for Surveying, Texas A & M Corpus Christi. Received B.S. and M.S. from the University of Cape Town, and M.S. and Ph.D. from Ohio State University Editor of the national journal "Surveying the Land Information Systems." Inducted a~ Fellow of the American Congress on Surveying and Mapping in April 2004. (6-30-04) President, Harbor Homes II, Inc. Attended Del Mar College. Activities include: Board of Realtors, National Builder's Association, Texas Builder's Association, Board of Adjustment and Hispanic Chamber of Commerce. (6- 17-05) Attorney, Meredith Law Office. Received B.A. and M.B.A. from Texas State Umversity and J.D. from St. Mary's University School of Law. Dedicated to family and community. (3-21-05) Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (2-2S-05) President/CEO, Construction Assistance. Received certificates in Real Estate and Construction Inspection Work. Member of the Texas Residential ICF Statewide and Local Committee, Associated General Contractors and the Associated Building Contractors. (5-06-04) Real Es[ate Agent. Currently a junior at Texas A & M - Corpus Christi. Has real estate education and licenses. (5- $1-05) Richard Pulido Leo Rios James Skrobarczyk, Sr. Miles D. Toren Marsha Williams Regional Superintendent, U.S. Navy. Received B.S. in Business Management from Park College. Activities include: Prostate Cancer Corranittee with the Amer/can Cancer Society, Leadership Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. (7-08- Realtor, ReMax Metro Properties. Attended Blirm College and Del Mar College. Activities include: C.C. Board of Realtors, Texas Association of Realtors and the Texas Real Estate Political Action Committee. (6-02-05) Self-employed, Real Estate Broker. Attended Del Mar and Texas A & i University. Activities include: Board of Directors for Builders Association and Corpus Christi Association of Realtors. (6-07-05) Assistant Chief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2-19-05) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6-09-05) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of Forty (40) portable radios from Dailey & Wells Co~nmunications, Inc., San Antonio, Texas in the amount of $35,695.00. The award is based on sole source. The portable radios will be utilized by the Health Department. Funds are available from the Health Department Grant Fund. Purpose: In the event of a bioterrorism attack or an outbreak of disease, the Health Department will use the Enhanced Digital Access Communication System (EDACS) portable radios to communicate, plan and coordinate with the local Emergency Response Incident Command System. Basis of Award: Sole Source This purchase is exempt from the competitive bidding statutes as a procurement of items that are available from only one source. The City currently owns and operates an EDACS purchased from M/A-COM Private Radio Systems, Inc_ This system provides the critical public safety and public service communication function of the City. IVVA-COM currently owns the patent and copyright for the EDACS portable radios and Dailey & Wells Communications, Inc., is the only authorized M/A-COM Network Solutions Provider assigned to provide sales and service support throughout the Coastal Bend area. Funding: Health Department 1066-00000-520090-831505 $35,695.00 ~rocurement &~~B~a~'eneral Services Manager Total $35,695,00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI-0141 ~5 PORTABLE RADIOS BUYER: GABRIEL MALDONADO ITEM DESCRIPTION QTY DAILEY & WELLS COMMUNICATIONS, INC., SAN ANTONIO, TF_X~S UNIT UNIT PRICE TOTAL PRICE Poctab~e radios E30OP, 806~70 MHZ, including: extra high capacity NICAD battery, 120 VAC rapid compact desk charger, 800 MHZ 1/4 wave whip antenna and metal belt clip. 40 EACH $892.38 ~35,695.00 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) pickup truck fi.om Philpott Motor Company, Ncderland. Texas tbr the total amtmut of $31,106 The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of (k~VCllqmeuts. This Ulll[ iS a rcplaceincnt. Funding is available fl-om the FY 04-05 Beach (tpcrations Budget. I'LWpOsc: I'hc truck 1'or beach operations will be used in the daily operations of the division. Thc replaced unit will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Basis of' Award: This vehicle will be purchased through the cooperative purchasing agrccmcnt with Houston-Galveston Area Council of Governments, (H- GAC) H GAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. I:unding: Beach Operations 550020-1020-12940 Procurement & General Ser¥ices Manager $31,106 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 06/17/05 Pickup Truck Quantity - 1 Item Description Pickul~ Truck 2006 Ford F-250 4x4 crew cab with service body Philpott Motor Company Nederland, Texas Total 1 ~31~106.00 5 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of emergency response pharmaceuticals from HHS Supply Service Center, Pcn-y Point, MD in accordance with Bid Invitation No. BI-0123-05, based on low bid, in the amount of $65,568.00. Funds are available in the Fire Department Grants Fund. Purpose: Bid Invitations Issued: Bid Invitations Received: Basis of Award: Funding: The EMS Division of the Fire Department is purchasing automjcctors in compliance with a reco~nmendation from the U.S. Depmlment of Homeland Security. The autoinjectors will be used by the City's first-responders (police, fire and EMS personnel) m thc event of a nerve, chemical or biological attack. 4 Low bid. Funds are available m the Fire Department Grants Fund. Fire Deparimen/ 1062-00000-520030-830001 $65,568.00 'al Serxices Manager I~ EM DESCRIPTION Mark 1 (Pralido~*me PICL 600mg/Atlopine 2mg) AuLoiniecLor Diazepar~ I~CL 10mg AuLoinjecLor CS IV HHS SupCy Se~i~e Center PERRY POINT, MD UNIT EXTENDED UNIT PRICE PRICE Each 16 95 52,84~4 Each 12 08 1268400 Bound Tree Medic. al, LLC NatJorrc~de MedlcaL/Surglc. al DUBLIN, OH VAN NUYS, CA UNIT EXTENDED UNIT E)('rENDED PRICE PRICE PRICE PRICE 2500 26,25000 28.75 30,187 50 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/12/05 AGENDA ITEM: Ordinance appropriating $13,500.00 ill Training Revenues received fi.om Del Mar College into the General Fund Fire Department for purchase of a Thermal Image Camera and Transmitter; Amending the FY 2004-2005Operating Budget, adopted in Ordinance No. 025878, by increasing estimamd revenues and appropriations by $13,500.00 each; and declaring an emergency. ISSUE: The City of Corpus Christi Fire Department responds to over 400 structural fires per year. Many of these structures are occupied by our citizens. There is always a real danger that the occupants, or a responding firefighter, could become lost in the structure. BACKGROUND: Tile thermal imaging camera and transmitter will allow us to quickly determine if any one is inside a building that is engulfed with fire and smoke. The camera will pinpoint the victim and provide valuable information on how to best develop a plan to rescue the victim or victims. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manger to amend the FY 2004-2005 Operating Budget and Appropriate the $13,500 for the Thermal Imaging Camera and Transmitter. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends amending the FY 2004-2005 Operating Budget and appropriating $13,500 to purchase Thermal Imaging Camera and Transmitter. Fire Cheil Attachments: Ordinance t :~Dc~uments and Sertings~VllS~My Dc~zument.sL~,genda Ilems~hnage Camera doc AN ORDINANCE APPROPRIATING $13,500.00 IN TRAINING REVENUES RECEIVED FROM DEL MAR COLLEGE INTO THE GENERAL FUND FIRE DEPARTMENT FOR PURCHASE OF A THERMAL IMAGE CAMERA AND TRANSMII-I'ER; AMENDING THE FY 2004-2005 OPERATING BUDGET, ADOPTED IN ORDINANCE NO. 025878, BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $13,500.00 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,500.00 is appropriated in training revenues received from Del Mar College into the General Fund Fire Department for purchase of a thermal image camera and transmitter. SECTION 2. That the FY 2004-2005 Operating Budget, adopted by Ordinance No. 025878, is amended in increasing estimated revenues and appropriations by $13,500.00 each. 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 on this the 12~h of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary / APPROVED: ~/~,/~ ~' ,2005 Henry Garrett Mayor By: Assistant City Attorney For City Attomey Ord-Appr-FD-carn.doc Corpus Christi, Texas day of ,2005 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 7 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 12, 2005 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit an application to the Texas Forest Service for a grant in the amount of $30,000 to fund a professional forester position, with a $24,000 match from Fund 1020 Park Operations. ISSUE: This grant would help provide for a professional forester position to work with the Parks and Recreation Department for the period of one year The Texas Forest Service, in cooperation with the USDA Forest Service and the Texas Urban Forest~ Council, Inc., has established a statewide Urban Forestry Partnership Grant Program as part of its overall goal of developing self-sustaining urban forestry programs in communities across Texas. For 2005~ grant projects will focus on public tree management, particularly in the areas of professional staffing, inventory and planning, and tree ordinance development. REQUIRED COUNCIL ACTION: Authorization to submit an application to the Texas Forest Service for the Urban Forestry Partnership grant in the amount of $30,000. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: to submit grant application Staff recommends approval of the request ~ ~ ~sGaanV~ ~ eDc irr;a~ti~rn Attachments: none Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT AN APPLICATION TO TEXAS FOREST SERVICE FOR A GRANT IN THE AMOUNT OF $30,000 TO FUND A PROFESSIONAL FORESTER POSITION, WITH $24,000 MATCH FROM FUND 1020 PARK OPERATIONS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit an application to Texas Forest Service for a Grant in the amount of $30,000 to fund a professional forester position with $24,000 match from fund 1020 Park Operations. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: CITY OFCORPUS CHRIS~ Armando Chapa City Secretary APPROVED: June 23, 2005 ur~is Chief, Administrative Law Section Senior Assistant City Attorney For City Attomey Henry Garrett Mayor H:~LEG-DIR\OtgaRSDeyle~Resolu.aon\050622DC TxFores[ Srvs Ucban. Fores[ry Partners hIpGranl prgrn.doc Corpus Christi, Texas __ day of ,2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Page 2 of 2 H:~-E G- DIR~Oig a R\DoC, e\Resolu.tion\050622D{;.TxForest S rvs Urban Forestry. Parlne rs.hipG r~nt.prgm,doc 8 CiTY COUNCIL AGENDA MEMORANDUM City Council Ac'don Date: 07/12/2005 AGENDA ITEM: Motion authorizing [he City Manager or designee to execute an agreement with M. Dee Koch, PhD for psychological services for the Police and Aviation Departments. The term is for three years at an houHy rate of ~10.00 with an estimated annual cost of $113,200. ISSUE: The Police Department and Aviation Department Airport Secudty Police routinely require the services of a certified psychologist. In addition, State law mandates that prospective candidates for positions in these departments be psychologicelly certified prior to hidng. REQUIRED COUNCIL ACTION: Approval of the contract. PREVIOUS COUNCIL ACTION: Council approved/he last contract July 23, 2002. FUNDING: $113,200 is provided in the Police, Fire, and Aviation operating budgets for FY 05/06. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the contract. Fire Chief Director of Aviation Attachments: Dr. Koch contract BACKGROUND INFORMATION The current three year contract with Dr. M. Dee Koch will expire July 31,2005. The services of Dr. Koch have been utilized for the past twenty-seven (27) years for counseling of Police employees, civilians, recruits, officers, and family members. The services also include the testing, evaluation, and psychological certification of Police applicants, Fire Department applicants, Airport Security Police applicants, Police Dispatchers, City Warrant Officers, and Police Reserve Officers. State law mandates that each of these positions be psychologically certified prior to hiring. Dr. Koch also provides guidance to Police, Fire, and Aviation management in the areas of personnel problems, officers facing psychological trauma as the result of violent events, and families which may need assistance due to the stress of the profession. The contract is for an estimated 240 hours per month and this includes the services of Dr. Koch, an additional counselor on staff, and his office staff (full time secretary and part-time bookkeeper). The new contract represents an increase of $5.00 per hour, the third rate increase in the houdy rate since the contract originated in 1978. Previous $5.00 per hour increases occurred in July, 1999 and July, 2002. The relationship of trust and excellent rapport that Dr. Koch has established with officers and civilians could not be readily gained if a new psychologist was utilized. Therefore, it is recommended to continue utilizing the services of Dr. Koch. AGREEMENT The following AGREEMENT is between the City of Corpus Christi, a Texas home-rule corporation (hereinafter referred to as 'City') acting through and by Its duly authorized City Manager or designee, and Dr. M.D. Koch, a psychologist (hereinafter referred to as 'Psychologist') whose business offices are located at 6000 South Staples, Suite 302, Corpus Christi, Texas. WITNESSETH City and Psychologist, In consideration of the mutual covenants and agreements contained herein, do hereby consent as follows: I. Service and Materials. Psychologist shall provide to City services and materials as directed by the Corpus Christi Chief of Police (hereinafter referred to as 'Chief of Police") In accordance with Corpus Christi Police Department (hereinafter referred to as 'CCPD") requirements; as directed by the Corpus Christi Director of Aviation (hereinafter referred to as 'Director of Aviation") for purposes of the airport security officers; and as directed by the Chief of the Corpus Christi Fire Department (hereinafter referred to as Flre Chief) In accordance with Corpus Christi Fire Depafb,ent (hereinafter CCFD) requirements. All services must be performed In a prof~_;4onal manner. All matters not covered in detail must be performed In a manner consistent with the standards now prevailing In the discipline of professional psychology. 2. Term. This AGREEMENT will become effective as of August 1, 2005 and remain In effect through ,luly 31, 2008, all dates Induslve. The schedule of services to be performed will conform to the reasonable needs of the Chief of Police, CCPD, the Director of Avlatlon for the airport security officers, and the Fire Chief for CCFD. 3. Records and Payment. Psychologist will keep and maintain in a professional manner records, to Include time sheets, documenting hours worked and services rendered. Psychologist shall present such time sheets to City on a monthly basis. City shall make payment to Psychologist on a monthly basis at the rate of $40.00 per hour. 4. Assignment, This AGREEMENT is not assignable by either party without the prior written consent of the other party. 5. Severability. If a provision of this AGREEMENT Is declared or found to be Illegal, unenforceable by law or void, neither party shall thereby be relieved of any remaining obligations under this AGREEMENT. If capable of performance, both parties shall honor the remainder of said AGREEMENT and said remainder shall be unaffected by such declaration or finding of illegal, unenforceable or void provision(s). 6. Venue. All amounts due and obligations performed under this AGREEMENT shall be paid and performed In Nueces County, Texas, and all ques'Uons arising hereunder shall be construed and resolved according to the laws of the State of Texas. 7. Amendment. Except as otherwise provided herein, this AGREEMENT may only be amended with the mutual consent of, and executed by, the duly authorized agents of all parties. 8. TermlnaUon. This AGREEMENT may be terminated at any time and for the convenience of either party by providing written notice to the other party of intent to terminate, at least thirty (30) days prior to the effective date of said termination. 9. Compliance. This AGREEMENT shall In no way affect Psychologist's prof~lonal and legal obllgaUons to comply with all federal, state and local laws, ordinances and codes. 10. Authority. All powers not expllcltly vested In Psychologist by this AGREEMENT remain with the City. SZGNED ON · 2005, IN DUPLTCATE OI~GTNALS, BOTH OF E(}UAL FORCE AND EFFECT. CTFY OF CORPUS CHRZST[, TEXAS Armando Chapa, City Secretary George K. Noe, City Hanager I4.D. Koch, Ph.D., Police Psychologist APROVEDASTOFORH: 7~ ~ '~.~Y: Ran Ad~S~neroa-'~ Assistant City Attorney AGREEMENT The following AGREEMENT is between the City of Corpus Christi, a Texas home-rule corporation (hereinafter referred to as ~City') acting through and by its duly authorized City Hanager or designee, and Dr. M.D. Koch, a psychologist (hereinafter referred to as 'Psychologist') whose business offices are located at 6000 South Staples, Suite 302, Corpus Christi, Texas. WTI'NESSETH City and Psychologist, in consideration of the mutual covenants and agreements contained herein, do hereby consent as follows: 1. Service and 14aterlals. Psychologist shall provide to City sen/Ices and materials as directed by the Corpus Christi Chtef of Police (hereinafter referred to as 'Chief of Police') In accordance with Corpus Christi Police Department (hereinafter referred to as ~CCPD") requirements; as directed by the Corpus Christi Director of Aviation (hereinafter referred to as 'Director of Aviation') for purposes of the airport security officers; and as directed by the Chief of the Corpus ChHstl Fire DeparbHent (hereinafter referred to as Fire Chief) in a¢curdance with Corpus ChdstJ Fire Department (hereinafter CCFD) requirements. All services must be performed In a professional manner. All matters not covered In detail must be performed in a manner consistent with the standards now prevailing in the discipline of prof~,:=~onal psychology. 2. Term. This AGREEMENT will become effective as of August 1, 2005 and remain in effect through .luly 31, 2008, all dates inclusive. The schedule of services to be performed will conform to the reasonable nccds of the Ohief of Police, CCPD, the Director of Aviation for the airport security officers, and the Fire Chief for CCFD. 3. Records and Payment. Psychologist will keep and maintain In a professional manner records, to Include time sheets, documenting hours worked and services rendered. Psychologist shall present such time sheets to City on a monthly basis. City shall make payment to Psychologist on a monthly basis at the rate of $40.00 per hour. 4. Assignment. This AGREEMENT is not assignable by either party without the prior written consent of the other party. 5. Severabllity. If a provision of this AGREEHENT Is declared or found to be illegal, unenforceable by law or void, neither party shall thereby be relieved of any remaining obligations under this AGREEHENT. [f capable of performance, both parties shall honor the remainder of said AGREEHENT and said remainder shall be unaffected by such declaration or finding of illegal, unenforceable or void provision(s). 6. Venue. All amounts due and obligations performed under this AGREEMENT shall be paid and performed in Nueces County, Texas, and all questions arising hereunder shall be construed and resolved according to the laws of the State of Texas. 7. Amendment. Except as otherwise provided herein, this AGREEMENT may only be amended with the mutual consent of, and executed by, the duly authorized agents of all parties. 8. Termination. This AGREEMENT may be terminated at any time and for the convenience of either party by providing wHU. en notice to the other party of intent to terminate, at least thirty (30) days prior to the effective date of said termination. 9. Compliance. This AGREEMENT shall in no way affect Psychologist's prof~,~lonal and legal obligations to comply with all federal, state and local laws, ordinances and codes. 10. Authority. All powers not explicitly vested in Psychologist by this AGREEMENT remain with the City. SZGNED ON , 2005, IN DUPI..~C, ATE OREGZNALS, BOTH OF EQUAL FORCE AND EFFECT. cTrY OF CORPUS CHRIST~, TEXAS Arnmndo Chapa, City SecretaW George lC Noe, City Manager M.D. KOCh, Ph.D., Police Psychologist APROVEDASTO FORM: ~,,~/~,) .2005 BY: Ran~y A. Stoneroad Assistant City Attorney 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07112/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of $11,580 [~om the Texas Automobile Theft PravenUon Authority (ATPA) for the motor vehlcJe theft enforcement grant within the Police Department. B. Ordinance appropriating $11,580 fi'om the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. ISSUE: The ATPA has awarded suppiemenlal fuming to the City of Corpus Chdsti Auto Theft Prevention Grant which must be appropriated. BACKGROUND: The City of Corpus Chdsti has received supplemental funding fi'om Ihe Texas Automobile Theft Prevention Authority (ATPA) for use by the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured vehicie in Texas charged to insurance companies who provide vehicte insurance coverage in Texas The Texas Compb'oller of Public Accounts collects the fee. The supplemental funding will be used to purchase new computers, memory card readers, presentation beard, and digital cameras. These items will further enhance the unit's ability to ,"-rtail aulo theft. REQUIRED COUNCIL ACTION: Approval to appropriate the funds. CONCLUSION AND RECOMMENDATION: Appropriation of funds. Attachments: ¥ Grant award document TO: FROM: SUBJECT: Watch Your 40~0 Jackson Avenue Austin, Texas 7873'1 Telephone: (512) 374-5101 Facsindle: (512) 374-5110 MEMORANDUM Project Directors Automobile Theft Prevention Authority (ATPA) Grants Susan Sampson, Director Automobile Theft Prevention Authority ATPA Supplemental Grant Award Documents The enclosed packet contains important documents concerning a supplemental grant awarded to your agency by ATPA. In a separate letter, the authorized official designated In your grant application has been informed of the award. Also for your Information, please be advised that, under separate cover, the designated financial officer has been sent a copy of the documents enclosed In this letter and reference documents, if applicable. The documents provided should be read carefully and kept In your permanent records. The documents included are listed below: 1. Original Grant Award Letter. 2. Original Statement of Supplemental Grant Award which lists the Special Conditions which need to be met prior to release of funds. 3. Original Acceptance Notice. 4. Original Supplemental Budget Digest. The Statement of Grant Award contains a copy of the Approved Budget Summary, which reflects the final grant budget. This approved budget may or may not be exactly the same as the budget contained in the grant application originally submitted to ATPA. Because of this, you should compare this document with the application to familiarize yourself w~th any changes that may have occurred. If I can be of assistance, please call 512/374-5108. ORIGINAL June 17, 2005 George K. Noe City of Corpus Christi P.O Box 9277 Corpus Christi, Texas 78469 Re 2 GRANT NBR: APPLICATION: TITLE: AMOUNT: SA-T01-100454)5 City of Corpus Christi Auto Theft Prevention Grant $ 11,580 YEAR OF FUNDING: 4 I am pleased to inform you that the above referenced grant is approved in the amount indicated. The grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice to the Automobile Theft Prevention Authority. I look forward to working with you to ensure the success of your program. Your dedication is appreciated. Any questions relating to the administration of this grant should be directed to our office by calling the Grant Administrator, Charles Caldwell (512) 374-5108. Sincerely, Susan Sampson Director, ATPA Texas Automobile Theft Prevention Authority Statement of Supplemental Grant Award Grant Number: SA-T01-10045-05 Grantee Name: Corpus Christi, City of Project Title: Auto Theft Prevention Grant Grant Period: 09/01/2004- 08/31/2005 ATPA Award: $11,580 Grantee Cash Match: $0 Grantee In-Kind Match: $0 Total Project Cost: $11,580 The Texas Automobile TheY( Prevention Authority (ATPA) has awarded the above-referenced grant. The approved budget is reflected in the attached Approved Budget Summary. Thi~ grant is subject to and conditioned upon acceptance of the ATPA Grant Administrative Guide promulgated for this specific program fund (referenced above) through the Automobile Theft Prevention Authority a listing of applicable special conditions are listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Administrative Guide. GRANTEE REQUEST FOR FUNDS All Grantee requests for funds shall be submitted to ATPA in accordance with the instructions provided by ATPA and shall be in the form required by ATPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and action required on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit wdtten requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Administrative Guide for this specific program fund. Special Conditions and Requirements: June 17, 2005 AWARD DATE SUSAN SAMPSON Automobile Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374-5101 GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas Ci~ of Corpus Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Theft Prevention Authority, State of Texas, entitled Auto Theft Prevention Grant and l'uaher identified by grant number SA-T01-10045-05 (SUPPLEMENTAL) ; and Whereas, the Automobile Theft Prevention Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Theft Prevention Authority dated 06/17/05 certain special requirements; and Whereas, the Grantee desires to accept the grant award, thc Uniformed Grant and Contract Management Standards, and special requirements as evidenced by thc Statement of Grant Award; Now. therefore, the Grantee accepts the aforementioned Statement of Grant Award, Lhe Uniformed Grant and Contract Management Standards and special requLrements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official auth°nzed to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the l'mancial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the PORTION authorized to submit adjustments NON-LOBBYING CERTIFICATION: We, the undersigned, certify that none of the g~nt funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the immediate terrmnation of funding of the project and the grantee shall not be eligible for future funding from the Automobile Theft Prevention Authority. Certified By: Date: N~amg.& Title(must print or type) Official Agency Address(street or post or, ce box) e/Telephone Numl?er Signature of Financial Officer ,.~Nam~e & Title(must p~t or ~e) Official Agency Ad~ess(~t or ~st office ~x) Ci~/Zip CM~elephone Numar ~ . Signature of Authorized Official ~a~Title (mu~t print or type) q 77 Official Agency Address (street or post office box) City/Z,p Code/Telephone Number (3(x, () ~'gO Texas Automobile Theft Prevention Authority Grant Adjustment Notice Grant Number: Grantee Name Project Title: Region: Grant Period: Funding Source: 10045-05 Adjustment Number: 5 Cib/of Corpus Chnsli Corpus Chdsti Auto Theft Prevention Grant 2000 09/01/2004 to 08/31/2005 Auto Theft PreYention Authori~ Approved Supplemental Award Budget: Date: 06/17/2005 D. Dell Desktop Computers (6) $8,300; Memory Card Readers (4) $140; Digital Cameras (2) $920; Memory Card for Cameras (2) $120; Presentation Display Board $1,850: Tablecloth $250 By: ..~d~~. ~ Director Approved Adjusted Budget Summary ATPA Cash Match In Kind A. Pemonnel: $293,192 $93,179 $0 B. Contractual: $0 $0 $0 C. Travel: $0 $6,909 $0 D. Equipment: $11,580 $0 $0 E. Supplies: $3,500 $16,741 $12,488 F. Indirect: $0 $0 TOTAL $386,371 $0 $6,909 $11,580 $32,729 $0 Total: $308,272 $116,829 $12,488 $437,589 Law En[orcemen[, Detec[io~ and Apprehension Page No, 1 ORDINANCE APPROPRIATING $11.580 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) FOR THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE CORPUS CHRISTI POLICE DEPARTMENT IN THE No. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CI'I'Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,580 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund for funding of the purchase for the Ccxpus Christi Potice Department Motor Vehicte Theft Enforcement Unit of new computers, memory card read.s, a presentation board and digital cameras in the No. 1061 Police Grants Fund; and dedadng an emergency. SECTION 2. That upon written request of the Mayor or five Coundl Members, the City Council (I) finds and declares an emergency due to the need for immediate action for the efficiant and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes affect as an emergency measure upon its first reading, this, the day of ,2005. A'R'EST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form~ol~roved ~ Randy'A. Stoneroad Assistant City Attorney 2005; TO THE MEMBERS OF THE ~~'~'Y COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its inlroduction, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garda John Edward Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7112105 AGENDA ITEM: Resolution authorizing the City Manager or designee, to accept a grant from Wal-Mart in the amount of $1,000 to promote recycling. Ordinance appropriating an estimated $25,000 from corporate entities in the No. 1051 Solid Waste Grants fund to promote recycling; and declaring an emergency. ISSUE: Appropriation of anticipated recycling grant funds. BACKGROUND: The City of Corpus Christi, Streets and Solid Waste Services Depadment, has learned through the efforts of Jaime Lopez, Recycling Division Heavy Equipment Operator, that local businesses are interested in donating money to promote recycling. Individual WaI-Mad stores may contribute as much as $1,000 each, and other businesses may also join us in this community wide effort. Potential outreach efforts may include bumper stickers, signs, newspaper advertisements, and possibly radio and television adver/isements to promote community participation in the City of Corpus Chdsti's recycling effod. Additional plans could include affixing signs to the City's fleet of refuse collection and recycling trucks. To stretch the value of every dollar contributed, efforts will be coordinated with existing City programs and local agencies. By working together, and combining resources within the community, this program hopes to achieve measurable success in improving the City's environmental awareness. Solid Waste and Public Information staff are researching outreach options based on funding availability; To avoid the necessity of having to seek City Council approval to accept and appropriate the funds from these small grants, it is requested that an amount not to exceed an estimated $25,000 be appropriated in the Solid Waste Grants Fund No. 1051. The grant funds received from local businesses will be utilized to promote recycling and litter abatement. Iris anticipated that these grants will be received through July 31,2006. REQUIRED COUNCIL ACTION: Approval of the resolution and appropriation ordinances as submitted. PREVIOUS COUNCIL ACTION: None RECOMMENDATION: Staff recommends approval of the resolution and appropriation ordinance as submitted. Dlre'cfor.~4Streets & Solid Services RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM WAL-MART IN THE AMOUNT OF $1,000 TO PROMOTE RECYCLING NOW, THEREFORE, BE IT RESOLVED BY THE cn'Y COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from Wal- Mart in the amount of $1,000 to promote recycling. SECTION 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 6"' day of July, 2005. First Assistant City Attorney For City All. orney Henry Garrett Mayor R~40~ld~ Corpus Christi, Texas of ,2005 The above resolu§on was passed by the following vote: Henry Gan'eft Brent Chesney Melody Cooper Jerry Garda Bill Kelly Rex A. KJnnison John Marez Jesse Noyola Mark Scott 2 R53,408A1 .doc ORDINANCE APPROPRIATING ESTIMATED $25,000 FROM CORPORATE ENTITIES IN THE NO. 1051 SOLID WASTE GRANTS FUND TO PROMOTE RECYCLING; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That estimated grant of $25,000 from various corporate entities is appropriated in the No. 1051 Solid Waste Grants fund to promote recycling. 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 I2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upo~ first reading as an emergency measure this the __ day of ,2005, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Legal form approved July 7~, 2005 Lisa Aguilar (/) Assistant City Atfurhey for City Attorney 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 12, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize payment of invoices 856068 and 856069 for twelve months software maintenance with Sungard HTE, inc. of Lake Mary, Florida in an amount not to exceed $123,941.00. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services, and Housing and Community Development ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that it stays compatible with other systems. HTE, Inc. provided a invoices for annual maintenance from July 1, 2005 through June 30, 2006 of the City of Corpus Chdsti's Sungard HTE application modules. HTE, Inc. is the sole provider of Sungard HTE application software maintenance. BACKGROUND: On March 26, 1996, City Council authorized the purchase of the Sungard HTE Customer Information System from Sungard HTE, Inc. of Lake Mary, Florida. The system was purchased to replace the old IBM mainframe system in the custom programs written in house for utility billing, cashiering, and accounts receivable applications. The purchase was part of the City's overall plan to replace outdated mainframe systems with state of the art technology and to provide Y2K compliance. Todaythis system ddves the Customer Information System, providing not only the utility billing function for the City Utilities Business Office, but also providing a system for Central Cashiering, Accounts Receivable and Collections, Development Services, and Housing and Community Development. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: City Council approved fiscal year 2004-2005 maintenance on June 29, 2004. FUNDING: The total cost of $123,941.00 will be funded from the MIS Department FY0405 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as presented. (Department Head Signature) Attachments: None 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 12, 2005 AGENDAITEM: Motion authorizing the City Manager, or his designee, to award Change Order No. 8 to a construction contract with King Isles, Inc. of Corpus Chdsti, Texas in the amount of $286,742.36 for C-4 Street Reconstruction Project, Part B - Ayers Street / Gollihar Road to complete the project. (Bond Issue 2000) ISSUE: Change Order No. 8 is broken down into Street, Drainage, Water, Sanitary Sewer and RTA improvements. Street bid items that were not required to complete the project are being deducted from the odginal bid proposal. This will be the final Change Order to close out the project. FUNDING: Funding for this project is available in the FY 04-05 Street, Water and Wastewater Capital Improvement Program Budgets. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award Change Order #8 and complete this project in a timely manner. 'Aj~eI'R. Escobar, P. E., Dii'ector of Engineedng Services Attachments: Exhibit '%" Background Exhibit "B" Change Order Summary Exhibit"C" Location Map H:~HOME\LYNDAS\GEN\Sb-ee[6~000 Bond Issue\C~\CO ¢~8~AGENDA MEMO.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Resurfacing Project C-4 - Part B Ayers Street (SPID to Port Avenue) Gollihar Road (Crosstown to Kostoryz) Bond Issue 2000 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 Christi 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. ApH124, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $519,000 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); and, · Gollihar Road (Crosstown to Kostoryz) (M2001-160) 3. December 11, 2001 - Motion authorizing the City Manager or his designee to execute Amendment No. 2 to an engineering services contract in the amount of $125,950 with LNV, Inc. al.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Crosstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 4. Janua~ 15, 2002 - Approval of the FY 2001 - 2002 Capital Improvement Budget for $152,674,800. (Ordinance No. 024730) 5 June 18, 2002 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to an engineering services contract in the amount of $238,860 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard); · Ayers Street (SPID to Port Avenue); · Gollihar Road (Crosstown to Kostoryz), and · Mission Center Sanitary Sewer Relocation 6. May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order Number #1 with King-Isles, Inc. in the amount of $147,073.00 for the Intersection Approach Improvements at Waldron Road. EXHIBIT "A" Page 1 of 4 October 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order Number #3 with King-Isles, Inc. in the amount of $667,105.25 for additional work on Ayers Street. PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-06 (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. 4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of $14,995 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Crosstown to Kostoryz) 5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Agreement for Professional Services with LNV, Inc. d.b.a. Smith, Russo 8, Mercer in the amount of $2,200 for Street Resurfacing at the following sites: · Up River Road (IH 37 to Leopard) · Ayers Street (SPID to Port Avenue) · Gollihar Road (Crosstown to Kostoryz) 6. July 31,2003 - Administrative approval of Change Order No. 2 with King Isles, Inc. in the amount of $22,600 for Street Resurfacing at the following sites: · Gollihar Road (Crosstown to Kostoryz) · Ayers Street (SPID to Port Avenue) 7. April 7, 2004 - Administrative approval of Change Order No. 4 with King Isles, Inc. in the amount of $16,400 for Street Resurfacing at the following sites: · Gollihar Road (Crosstown to Kostoryz) · Ayers Street ($PID to Port Avenue) 8. April 16, 2004 - Administrative approval of Change Order No. 5 with King Isles, Inc. in the amount of $24,638 for Street Resurfacing at the following sites: · Gollihar Road (Crosstown lo Kostoryz) · Ayers Street (SPID to Port Avenue) 9. June 17, 2004 - Administrative approval of Change Order No. 6 with King Isles, Inc. in the amount of $24,883 for Street Resurfacing at the following sites: · Gollihar Road (Crosstown to Kostoryz) · Ayers Street (SPID to Port Avenue) 10. Auqust 5, 2004 - Administrative approval of Change Order No. 7 with King Isles, Inc. in the amount of $20,536 for Street Resurfacing at the following sites: · Gollihar Road (Crosstown to Kostoryz) · Ayers Street (SPID to Port Avenue) EXHIBIT "A" Page 2 of 4 FUTURE COUNCIL ACTION: Nothing Anticipated PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. CHANGE ORDER DESCRIPTION: PART B: STREET IMPROVEMENTS As this project is nearing closure, several contract items are changing in value due to overages and underages of quantities necessary. After adding and subtracting values for the changes to items originally included in the contract, the cost is a deduct to the contract price in the amount of: COST: ($62,924.79) Additional items included in Change Order No. 8 that were not included in the scope of the project are as follows: · ITEMS A105-A108 - These items are associated with additional work requested by the City for crosswalk light adjustments, pavement repair and replacement on Ayers Street between PortJAyers and Home Road. COST: $18,188.31 · ITEM A109 - This is for additional cost associated with barricading, traffic control, and miscellaneous extra work and time on the project. COST: $11,215.00 The net total change for Street Improvements is a deduct to the contract price of: ($33,521.48) This amount includes deducts from bid items not required to complete the project as mentioned above. PART B: DRAINAGE IMPROVEMENTS Drainage Improvements items included in this Change Order are associated with changed conditions due to underground utility locations on the project. These items include pavement repair, sidewalk removal, 18" RCP, 8' x 3' concrete box culvert, 5' curb inlet and manhole adjustments, etc. COST: $18,508.50 Item B29 is an additional item not included in the scope of the project for work associated with hydro-excavation on the Alta Plaza Drainage Project. COST: $14,080.00 EXHIBIT "A" Page 3 of 4 · Item B30 is an additional item not included in the scope of the project for sidewalk drains. COST: $6,800 The net total change for Drainage Improvements is: COST: $39,388.50. This amount includes deducts for bid items not required for completion of the project. PART B: WATER IMPROVEMENTS · Waterline improvements included in Change Order No. 8 are associated with reroutes due to various existing conditions such as contaminated soil and conflicts with existing utilities on the project. These items include utility pavement repair, 12" and 16" waterline additional fire hydrants and assembly, adjusting valve elevation, etc. for additional services on Ayers and Gollihar Streets. COST: $66,252.60 · Item C105 was not included in the scope of the project. This item consists of removal and replacement of concrete walks/medians in order to access existing waterlines. COST: $12,406 · Item C106 consists of the 24-hour repair associated with waterline improvements at the intersection of Aidine and Gollihar. COST: $82,650.23 The net total change for Water Improvements is an additional cost of: COST: $161,308.83. This amount includes deducts for bid items not required for completion of the project. PART B: SANITARY SEWER IMPROVEMENTS Sanitary Sewer improvement items included in this Change Order are associated with reroutes due to vadous existing conditions such as contaminated soil and conflicts with existing utilities on the project. These items include utility pavement repair, concrete ddveway and sidewalk, 8" and 12" PVC sewer line, and sewer services off of Gollihar Road. COST: $55,616.50 · Item D152 consists of 24-hour repair associated with Sanitary Sewer Improvements at the intersection of Aidine and Gollihar. COST: $55,100. · Item D153 consists of additional televising and inspection for sewer lines. COST: $1,850. The net total changes for Sanitary Sewer improvements is: COST: $112,566.50. This amount includes deducts from bid items not required for completion of the project. PART B: RTA IMPROVEMENTS RTA Improvements included in this Change Order is for one (1) additional bus pad as requested by the RTA. COST: $7,000. Funding for this cost is through a contribution by the RTA. EXHIBIT "A" Page 4 of 4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 12, 2005 PROJECT: C-4 Street Resurfacing and Utility Improvements Part B - Ayers Street / Gollihar Road APPROVED: City Council on 10/08/02 - Motion No. M2002-334 CONTRACTOR: King-Isles, Inc. 1641 Goldston Road Corpus Christi, Texas 78409 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. 1 (05/13/03) ..................... Change Order No. 2 (07/31/03) ................... Change Order No. 3 (10/14/03) ................... Change Order No. 4 (04/07/04) ................... Change Order No. 5 (04/16/04) ................... Change Order No. 6 (06/17/04) ................... Change Order No. 7 (08/05/04) ................... Change Order No. 8 (07/12/05) ................... Total .......................................................... $4,981,673.00 1,245,418.25 147,073.00 22,600.00 667,105.25 16,400.00 24,638.00 24,883.00 20,536.00 286,742.36 1,209,977.61 = 24.28< 25% EXHIBIT Page I of N LEOPARD CORPUS CHRISTI BAY g POIN PROJECT LOCATION & EXTENTS PROJECT fl 6142 LOCATION MAP (Change Order No. 8) A YERS STREET-FROM SPID TO PORT A VENUE (~o.d~s~ue 2ooo) EXHIBIT "C" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTICENT OF ENGINEERING SERVICES PAGE: 1 o'f 2 DATE: 07-07-2005 LEOPARD ~1. POINT N CORPUS CHRISTI BAY PROJECT LOCATION & EXTENTS PROJECT # 6f43 LOCATION MAP (Change Order No.8) GOLLIHAR RD-FROM CROSSTOWN EXPRESS WA Y TO KOS TOR YZ ROAD (Bond Issue 2000) EXHIBIT 'C' ClTY COUNCILEXHIBIT CITY OF CORPUS CHRIS~, TEXAS DEPARTldENT OF ENGINEERING 5EIWICES PAGE: 2 of 2 DATE: 07-07-2005 13 AGENDA MEMORANDUM DATE: July 12, 2005 SUBJECT: Change Order No. 4 to Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) AGENDAITEM: Motion authorizing the City Manager, or his designee, to award Change Order No. 4 to a construction contract with R. M. Wdght Construction Company of El Paso, Texas in the amount of $93,490.01 for the replacement of existing piping at the EverhartJStaples Lift Station. ISSUE: The Everhart/Staples Lift Station was designed and constructed in the mid 1960's and the existing piping is extremely deteriorated due to the effects of sewer gasses. Immediate repairs are necessary to prevent loss of integrity of the system and exposure of the controls to wastewater Iqows. FUNDING: Funds to finance the proposed project are available in the FY 2004-2005 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater Services Additional Sul~l~ort Material: Exhibit "A" Background Information Exhibit"B" Change Order Summary Exhibit"C' Location Map BACKGROUNDINFORMATION SUBJECT: CHANGE ORDER NO. 4 Greenwood Wastewater Treatment Plant Digester Covers Replacement (Project No. 7255) PRIOR COUNCIL ACTION: 1. February 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. for a total fee not to exceed $154,840 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project (Motion No. M2003-047). 2. Auqust 17, 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to R.M. Wright Construction of El Paso, Texas in the amount of $1,549,824 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. (Motion No. M2004-309) 2. March 29, 2005 - Approval of the FY 2004-05 Capital Improvement Budget for $178,074,800. (Ordinance No. 026188). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 28, 2002 - Addendum No 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). December 18, 2003 - Executed Amendment No. 1 to the Contract For Professional Services with MEI Maverick Engineering, Inc. for a fee not to exceed $6,560, for a total re-stated fee of $161,400, for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. April 6, 2004 - Executed Small A/E Agreement with Donald R. Fundedic, P. E. for a fee not to exceed $3,900 for the Greenwood Wastewater Treatment Plant Digester Covers Replacement Project. March 29, 2005 - Administrative approval of Change Order No. 1 to the construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $19,468.76 for the Greenwood WWTP Digester Covers replacement. EXHIBIT "A" j Page 1 of 2 10. May 4, 2005 - Administrative approval of Change Order No. 2 to the construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $17,651.12 for the Greenwood WWTP Digester Covers Replacement project. July 1, 2005 - Administrative approval of Change Order No. 3 to the construction contract with R.M. Wright Construction Company of El Paso, Texas in the amount of $14,805.00 for the Greenwood WWTP Digester Covers Replacement project. PROJECT BACKGROUND: The Everhart/Staples Lift Station was constructed in early 1966. The service area for this lift station covers Everhart Road to Weber Road and Alameda to Gollihar Road. Due to the constant exposure of sewer gasses, replacement of the existing piping on the pump header needs to be replaced immediately. Failure to do so could result in loss of integrity to the system, discharge of wastewater into the dry well where the system controls are located and disruption of service. CHANGE ORDER DESCRIPTION: The work consists of replacement of piping on the pump discharge header piping which is currently thirty feet high. The piping to be replaced is the piping which supports the pump header from pipe hangers and the ceiling above. This work must be accomplished in several stages to insure proper support of the pump header and proper bypass of pumping operations. This Change Order will provide temporary bypass pumping for 1.3 million gallons per day (MGD) and backup bypass pumping for 1.3 MGD while work is on-going. This work will take between two and four weeks to complete, after delivery of the materials to be replaced. This contractor was chosen to complete this project due to the fact that he has successfully completed work of this type for the City before and has the equipment and personnel to complete the job in an expedient time frame. CONTRACT TERMS: This Change Order will add an additional 35 calendar days to this contract. IEXHIBIT "A"I Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 12, 2005 PROJECT: Greenwood WWTP Digester Covers Replacement Project No: 7255 APPROVED: Cib/Council on 6/17/04 - Motion No. M2004-309 CONTRACTOR: R. M. Wright Construction Co., LP 285 Rio West Ddve El Paso, TX 79932 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ...................... Change Order No. 1 (3~29~05) ...................... Change Order No. 2 (4121105) ....................... Change Order No. 3 (7101105) ....................... Change Order No. 4 (7/12/05) .................... Total ............................................................... $1,549,824.00 387,456.00 19,468.76 17,651.12 14,805.00 93,490.01 145,414.89 = 9.38% < 25% EXHIBIT "B" ~Mproject t counc;lexhibits ~ exh 7255 dw¢ N NUECES BAY CORPUS CHRISTI BAY PROJECT LOCATION LAGUNA blADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7255 GREENWOOD WASTEWA TER TREATMENT PLANT DIGESTER COVERS REPLACEMENT (Change Order No. 4 Everhart/Staples Lift Station) CIT~ OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SET~ICL'~ PAGE: I o 1:1 DATE:Q7/06/2005 14 AGENDA MEMORANDUM July 12, 2005 AGENDA ITEMS: Motion authorizing the City Manager, or his designee, to execute a cor~struction contract in the amount of $275,000.00 with Robles & Sons, Inc. of Cibolo, Texas, for the Corpus Christi International Airport Air Traffic Control Tower Demolition project. Project No. 1081. ISSUE: The old Air Traffic Control Tower is no longer in use and requires demolition. FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Bid Tabulation Exhibit C. Location Map ^ H:~H OME~KEVI NS ~G E N~I R~ATCT~Dern oli[io n \ AwdMemo1081.doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The Air Traffic Control Tower has been scheduled for demolition since the construction and opening of the new FAA Air Traffic Control Tower. Construction was delayed while the attached office building which occupied CCIA administrative offices was subsequently leased to the Transportation Security Administration pending completion of their new lease space in the Terminal Building. Asbestos abatement was then undertaken prior to proceeding with demolition. During abatement, additional asbestos containing material was identified between the concrete block walls (CMU) and exterior brick veneer. It was determined the most economical method of addressing this additional material was to demolish the exterior walls of the Tower under National Emission Standards for Hazardous Air Pollutant regulations. PROJECT DESCRIPTION: The project was bid as a base bid to demolish the existing five (5) story concrete block (CMU) wall air traffic control tower. Demolition includes the foundation, electrical, plumbing, HVAC, and interior walls. The project includes disposal of damp proofing coating containing asbestos. The asbestos is contained in an asphaltic material that cannot be readily removed from the concrete block. The demolition and disposal will be done in strict compliance with applicable federal and state regulations. The site will be backfilled, graded and sodded. The project includes new construction to enclose the single story office building attached to the tower. ADMINISTRATIVE ACTIONS: March 21, 2003 - Award of an engineering services contract in the amount of $24,000 to MEI Govind for the demolition the Corpus Christi International Airport Air Traffic Control Tower. May 11, 2005 - Award of an asbestos consulting and abatement monitoring contract in the amount of $24,000 to All Points Environmental of Corpus Christi for demolition the Corpus Christi International Airport Air Traffic Control Tower. BID INFORMATION: Five bids were received and publicly opened on June 22, 2005. The bid was structured as a base bid. The bids ranged between $275,000 and $695,908. See Exhibit B. The qualified Iow bid was submitted by Robles and Sons, Inc. of Cibolo, Texas. The bid submitted by Fox Tree and Landscape in the amount of $695,908 was deemed irregular and non-responsive. The Fox Tree and Landscape bid did not acknowledge Addenda No 1 and had a non-responsive bid bond as the attached power of attorney was dated effective after the bid opening. This did not affect the order of bids. Exhibit A Page 1 of 2 H :~-IOM E~,;EVIN S \G E NV~lR~ATCT~Demoli[ion\^Awd B kg ExhA doc FUNDING: Funding is available from Airport CIP Funds. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the Agenda Items and recommends approval. Exhibit A Page 2 of 2 H :\H O ME~J<EVINS ~G E N~AIR~,TCT~erno ~tio n\^Awz:lB kgExhA d o c OZ o ~ N PROJECT LOCAT.TON ORPUS CHRISTI, TEXAS LOCATION MAP NO: TO SCALE VD. HWY 44 ACNE: RD. IRPORT TERMINAL (AIR TRAFFIC CON- TROL TOWER) CITY PROJECT No. 1081 SITE LA YOUT NOT TO ~CALE CCIA AIR TRAFFIC CONTROL TOWER DEMOLITION CITY ,OF CORP~I5 CHRIOJT,' !EXA~ EXHIBIT 'C' CT_Ty COUNC.TL EXHT_BT_T DEPARTMENT OF ENCINEERINq SERVICES PAGE: 1 of 1 DATE 07 12-2005 15 CITY COUNCIL AGENDA MEMORANDUM DATE: July 12, 2005 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with BL Real Estate Holding Company, LP, ("Owner"), for the right to construct and maintain a private 2-inch PVC [orce main to extend approximately 60 linear feet across the Wyndale Drive street right-of-way and approximately 10 linear feet within the Claudia Drive street right-of-way, located just east of Laguna Shores Road and nodh of Martha Ddve; establishing a fee of $ 220.00; and declaring an emergency. ISSUE: BL Real Estate Holding Company, LP, owners of the Bluff's Landing Bait and Tackle Shop, have submitted a request to construct a private 2-inch PVC force main across the Wyndale Ddve street right-of-way and a portion into the Claudia Ddve street right-of-way, to provide sanitary sewer service to his bait and tackle shop, located adjacent to Wyndale Ddve. REQUIRED COUNCIL ACTION: City Charter requires Cib/Council approval for use of any portion of public right-of-way for private purposes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. B. A. Ho~y,~ICP Director of~)evelopment Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BL Real Estate Holding Company, LP., ("Owner"), has requested a Use Privilege Agreement (UPA) from the City to install, operate, repair, replace, and maintain, a private 2-inch PVC Force Main to be encased in a steel casing approximately 60-linear feet across the Wyndale Drive street right-of-way (ROW) and the Claudia Drive street ROW. The installation of the private force main will provide wastewater service to the Bluff's Landing Bait and Tackle Shop located adjacent to Wy,'~dale Drive. The PVC force main will be located across the Wyndale Drive street right-of-way and then northwest to an existing City sanitary sewer manhole located within the Claudia Ddve street right-of-way. BL Real Estate Holding Company, L.P., will own the private force main, and will be solely responsible for all maintenance and removal of said main. An Engineering Permit will be required for any future maintenance and removal of the pdvate 2-inch PVC Force Main. Permanent line markers will be placed as close as practical over the force main on either side of the Wyndale Ddve street right-of-way to indicate the location of the pdvate force main owned by BL Real Estate Holding Company, L.P., and the Bluff's Landing Bait and Tackle Shop. Line markers will contain labeling identJfl/ing owner and size of the force main. All City and private franchised utilities were contacted regarding this UPA. The City Water Department is requiring that the owner encase the private 2-inch PVC force main when horizontally crossing their existing water line and Owner comply with the minimum horizontal and vertical utility separation requirements as required by TCEQ. Owner must also encase the private 2-inch PVC force main in a steel casing when crossing the Wyndale Ddve street right-of-way. None of the other City and pdvate franchised utilities had any objections, provided the applicant meets the specified conditions set out in the Ordinance (Exhibit B) and the UPA including the utility separation clearance as stated in "Paragraph I "of the UPA. The applicant has been advised and concurs with all the conditions of the Use Privilege Agreement. A one-time fee of $ 220.00 is being recommended for the UPA The applicant has been advised and concurs with all the conditions of the Use Privilege Agreement. H :L ~e~l'~agO5\upa~blu fl-la ndl.9 m2 EXHIBIT A FROM BA Holly, AICP, Director of Development Services DATE: July 6, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: July 12, 2005 ORDINANCE CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a Use Phvilege Agreement with BL Real Estate Holding Company, LP, ("Owner"), for the dght Io construct and maintain a pdvate 2-inch PVC force main to extend approxlmatety 60 linear feet across the Wyndale Drive street right-of-way and approximately 10 linear feet within the Claudia Ddve street right--of-way, located just east of Laguna Shores Road and north of Martha Drive; establishing a fee of ~; 220.00; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: SPECIFIED CONDITIONS AS PART OF CLOSURE: 4 5 6 7 Owner must encase the private 2" PVC force main in a steel casing when crossing the Wyndale Drive right-of-way and any existing City water or wastewater lines as stated in "Paragraph K" of the Use Privilege Agreement. Owner must install the force main at a 48" minimum depth clearance when constructing the pdvate line across the Wyndale Ddve street dghts..of-way. Owner is required to rehabilitate the sanitary sewer manhole located on Claudia Ddve. No other taps are allowed and existing taps must be plugged. The pdva[e force main is required to discharge towards a downstream direction and the force main is to be located at the bottom of the manhole and enter the manhole at 180 degrees in alignment with the outflow and not paq~endicular. All work is to be done at the owner's expense. Owner must place and maintain permanent type line markers as close as practical over the force main on either side of the Wyndale Ddve right-of-way Markers musl contain labeling identifying force main owner. That Owner will comply with the required utility separation clearance as stated In "Paragraph I 'of the Use Privilege Agreement and maintain the minimum hodzontal and vertical utility separation requlremenls as required by TOEQ. Owner must notify City Water, Wastewater, Gas, and Storm Water Depadments and all pdvate utility companies, 48 houm pdor to any construction work. Owner will be responsible for any damage to street, waterlines, drainage, and all other existing utilities within the cons[ruction areas. 10 11 Construction plans will be prepared by a registered licensed professional engineer and submitted for City review and approval prior to construction The issuance of a Certificate of Occupancy permit is contingent upon the completion of the construction of the Force Main. Ov~er must comply with, and execute all the conditions as set forth in the Use Privilege Agreement. Owner will construct at his cost and will maintain at his cost. An Engineering Permit will be required for any future maintenance and removal of the private 2-inch PVC Force Main. REQUESTED BY: B.A. Holly, AISP, Director of Development Services DATE: APPROVED: DATE: EXHIBIT B AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH BL REAL ESTATE HOLDING COMPANY, LP (OWNER) FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A PRIVATE 2-INCH PVC FORCE MAIN TO EXTEND APPROXIMATELY 60 LINEAR FEET ACROSS THE WYNDALE DRIVE STREET RIGHT-OF-WAY AND APPROXIMATELY 10 LINEAR FEET WITHIN THE CLAUDIA DRIVE RIGHT-OF-WAY, LOCATED JUST EAST OF LAGUNA SHORES ROAD AND NORTH OF MARTHA DRIVE; ESTABLISHING A FEE OF $220.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with BL real Estate Holding Company, LP (Owner) for the right to construct and maintain a private 2-inch PVC force main that will extend approximately 60 linear feet across the Wyndale Drive street right-of-way and approximately 10 feet within the Claudia Drive right-of-way, located just east of Laguna Shores Road and north of Martha Drive. SECTION 2. That Owner will comply with the terms and conditions of the use privilege agreement, a copy of which is on file with the City Secretary, and be subject to the following conditions as part of the use privilege agreement: 1. Owner will pay the fair market value fee of $220.00 for this UPA. 2. Owner must have a 36" minimum depth clearance when constructing the private lines across both the street rights-of-way. 3. Wastewater Department is requiring that the Owner rehabilitate the sanitary sewer manhole located on Claudia Ddve. No other taps will be allowed and existing taps be plugged. The private 2" force main will be discharged towards a downstream direction and the force main will be located at the bottom of the manhole. All work and improvements are to be done at the Owner's expense. 4. Owner must place and maintain permanent type line markers as close as practical over the force main on either side of the Wyndale Drive right-of-way. Markers must contain labeling identifying force main owner. 5. That Owner will comply with the required utility separation clearance as stated in "Paragraph I "of the Use Privilege Agreement and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ. H:\LEG-DIR~loseph\ORD-upa-BlfsLnd.doc 6, Owner must notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies, 48 hours prior to any construction work. 7. Owner will be responsible for any damage to waterlines and all other existing utilities within the construction areas. 8. Construction plans will be prepared and submitted for City review and approval prior to construction. 9, Owner will construct at its cost and will maintain at its cost. An Engineering Permit will be required for any future maintenance and removal of the private 2-inch PVC Force Main. 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 12th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa C~ Secretary Hen~ Ga~e~ Mayor Approved "'~ -/'b ~' By: "~-~,,~ (/~,, Josept~Harney ~ Assistant CiW A~orney For C~ AQorney ,2005 H:~LEG-DIRLloseph\ORD-upa-BlfsLnd.doc Corpus Christi, Texas .day of ,2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Gan'ett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\LEG-D1RUoseph\ORD-upa-B Ifs Lnd doc  NAkb ~M.I'I'tl ENGIBF, If, F.~G. INC. ~TIE-INTO EXISTING SANITARY SEWER MANHOLE (APPROXIMATE LOCATION) AT FLOWLINE AND AT POINT INDICATED. REPAIR AND/OR REHAB. AS NECESSARY CLAUDIA DRIVE ~ SCH. 4.0 EL CASING* OPEN CUT ROAD CROSSING MINIMUM 2'~ ASTM D2241_ ~ FORCEMAJN * NOTE: -- DEPTH TO TOP OF STEEL CASING IS A MINIMUM OF 4'  rr , ,,,'~/1 J EXHIBIT C / J ~PROXIMATE N~ ~~. U~ STATION LOCA~ON ~::~: ~:.?:1:~:~:~::~ ROAD CROSSING DETAIL 82060 '~, ~ BAIT AND TACKLE SHOP FORCE MAIN .. .. ~ , 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07-12-05 AGENDAITEM: MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS AND ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES ISSUE AND BACKGROUND: The City of Corpus Christi has utilized the Washington-based governmental relations services of Meyers and Associates for many years with outstanding results for the City. The Meyers firm is headed by Mr. Larry Meyers and Mr. Rick Meyers, together with a number of associates. It is viewed as one of the most successful governmental relations firms in Washington. As a direct result of their past successes, the Meyers firm has an impressive list of clients. Of special note for the City of Corpus Christi is the fact that Meyers and Associates is the Washington governmental relations firm for the Texas A&M System and has been especially productive in assisting Texas A&M---Corpus Chdsti. A major city the size o[ Corpus Christi (and most cities of 50,000 or more) finds it extremely beneficial to have governmental relations firms represent them in Washington, DC. Staff does not believe that we could find any firm that could represent the City of Corpus Chdsti on any higher level than Meyers and Associates. For many years, Meyers and Associates has consistently provided the City with very e[fective representation in Washington on a multitude of issues. The proposed two-year contract for the period August 1, 2005 - July 31, 2007, is virtually identical to the last contract with the firm. We believe it is important to point out that Meyers and Associations monthly fee of $6,810 plus reasonable associated out-of-pocket expenses has remained constant for the last six years and we feel that it is an extremely reasonable fee. FUNDING: The funding for the contract, which is subjecl to appropriation each year and may be terminated by the City Manager at any time, is proposed to be expensed at 33 1/3% from the General Fund and 66 2/3% from the Water Fund. REQUIRED CITY COUNCIL ACTION: A contract o[ this type and amount requires City Council approval CONCLUSION AND RECOMMENDATION: City Staff strongly believes that it is imperative that the City maintains government relations ser¥ices in Washington, DC. We are please to report that we do not believe that the City could be represented better by any other firm than by Meyers and Associates, which has an exceptional proven track record in the many years that they have represented the City. W. Thomas Utter Special Assistant to the City Manager AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Clu-isti (the "City") and Meyers & Associates, a Washington based govermnental relations consulting finn (hereinafter"Meyers"), and is effective the 1st day of August 2005. WITNESSETH: WHEREAS, many key go als of the City of Corpus Clmsti, especially economic development goals, are directly and critically affected by decisions of the United States Congress and Federal Agencies. These include, but are not lkmted to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, highways, and various other regulatory and funding programs; and WHEREAS, Meyers speciahzes m providing governmental relations services m federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: City Duties. The City hereby appoints Meyers to act on its behalf to assist m furthering City goals in Waskington under tmns acceptable to the City including: The City, through its City Manager, Special Assistant to the City Manager and City Attorney, will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. The City will pay or cause to be paid to Meyers $6,810 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. Such payments will commence on August 31st and will continue for (24) twenty-four consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. The services and relationship between the City and Meyers may be terminated at any time upon notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: 4 Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. All services will be performed according to 1-dgh professional standards. C Should a potential conflict develop between services perfol-med for the City and Meyers' other clients, such potential conflict will be reported to the City Manager at once for resolution by the City Manager. Meyers will comply with all laws of the United States and regulations of the United States Congress with regard to representation and reg/stration as may be required by such laws and regulations Tmitt. This Agreement shall enmmenee August 1,2005, and continue until July 31, 2007, subject to the provisions for cancellation set out in Section 1 .(d) al:rove. Independent Contractor. Nothing contained in this Agreernent shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. Entire A~eement. This Agreement contains the entire understanding ofthe parties hereto with respect to the matters covered hereby. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effechve and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Assilmment. This Agreement may not be assigned by either party without mutual consent tn writing. Binding Effect. Subject to the provisions of Section 7 of tkis Agreement, this Agreement shall be binding upon and tnure to the benefit of the parties hereto, and their successors and assigns. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of thJs Agreement. 1l. Govemin~ law. This Agreement shall be construed and enforced m accordance with and govemed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple orig/na[ counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN W1TNESS WHEREOF, the parties hereto have executed this Agreement and made effective CITY OF CORPUS CHRISTI, TEXAS By: George K Noe, City Manager Date MEYERS & ASSOCIATES APPROVED AS TO FORM: MARY KAY FISCHER CI'I'Y A'Iq'ORNEY Mary Kfflt Fisct!~r By: Larry Meyers MEYERS & ASSOCIATES Date 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 12, 2005 AGENDA ITEM: Ordinance appropriating $476,950.11 from City Hall Capital Improvement Program Fund 3160, transferring to and appropriating in the General Fund 1020 for capital improvements to the Corpus Christi Natatorium; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $476,950.11 and by amending the FY 2004-2005 Annual Operating Budget adopted by Ordinance No. 025878 by increasing revenues and appropriations each by $476,950.1; and declaring an emergency. ISSUE: The City and CCISD have a joint use agreement for the Natatorium. As part of the agreement, the City funds any necessary capital improvements at 35% of total costs. CCISD had to replace the chiller system and upgrade of the floor surface around the pool. City Staff evaluated the needs and concurs that these improvements are necessary for operational efficiency and safety of users. REQUIRED COUNCIL ACTION: City Council action is required to appropriate funds. FUNDING: City Hall Capital Improvement Program Fund CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this ordinance in order to pay 35% identified in joint use agreement. Attachments: Background Information Parks and Recreation BACKGROUNDINFORMATION The Corpus Christi Natatorium was completed in 1993. The City and CCISD have a joint use agreement for various programs at the facility. As part of the agreement, the City [unds any necessary capitai improvements at 35% of total costs. CCISD pays 65% of total costs. CCISD identified chiller replacement and the upgrade of the floor surface around the poop as urgent capital needs City Staff has evaluated the needs and concurs that these improvements are necessary for operational efficiency and safety of users. In 2002, the estimated cost for the replacement and improvements was $1,366,917. Therefore, the 35% due from the City was $450,000. Funding to cover the cost was earmarked in the 2000 Capital Improvement Program Reserves. As the project progressed, problems with the replacement of the chiller resulted in increased costs. The final cost came to $1,362,714.60 with the City's 35% portion being $476,950.11. Page 1 of 2 ORDINANCE APPROPRIATING $476,950.11 FROM CITY HALL CAPITAL IMPROVEMENT PROGRAM FUND NO. 3160 AND TRANSFERRING THE $476,950.11 TO AND APPROPRIATING IN GENERAL FUND NO. 1020 FOR CAPITAL IMPROVEMENTS TO THE CORPUS CHRISTI NATATORIUM; AMENDING FY 2004-05 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $476,950.11; AMENDING FY 2004-05 ANNUAL OPERATING BUDGET ADOPTED BY ORDINANCE 025878 BY INCREASING REVENUES AND APPROPRIATIONS EACH BY $476,950.11; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $476,950.11 is appropriated from City Hall Capital Improvement Program Fund No. 3160 and is transfen'ed to and appropriated in General Fund No. 1020 for capital improvements to the Corpus Chdsti Natatorium; and FY 2004-05 Capital Budget adopted by Ordinance No. 026188 is amended by increasing appropriations by $476,950.11; and FY 2004-05 Annual Operating Budget adopted by Ordinance No. 025878 is amended by increasing revenues and appropriations each by $476,950.11. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ., 2005. AT'rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary _~,r,o_ved 7..~June 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Gan-eft. Mayor Pag~ 2 of 2 Corpus Chdsti, Texas day of ,2005. TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott C:~Doyle.03.05\ORD2003.0.~Ordlna r~.es~Ap proprl.aLe~05.0607DC.Approp.$ 476950.CHCaplmp Fo rNa L~I. od L~m. O~d. d~: 18 CITY COUNCIL AGENDA MEMORANDUM July 12, 2005 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a four-year lease with the Texas State Aquarium Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to city of 50% of the excess revenues ISSUE: The current agreement expires July 31, 2005. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: Current five year agreement was approved on May 26, 20OO. FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance Assistant City Manager BACKGROUNDINFORMATION In 1989, the City issued $1.5 million of Certificates of Obligation to construct a large parking facility under the Harbor Bridge for parking for the Texas State Aquarium. Under an agreement with the TSAA, the TSAA amortized the Certificates of Obligation at the rate of $150,000 annually. The Certificates of Obligation will be paid off in March 2009. The major elements of this agreement are as follows: 1) Term is 4 years. 2) TSAA operates a parking facility, may charge up to $10.00 per day (current charge is $3 00 per day). 3) TSAA reimburses City for 100% of the City's debt service payments on the Certificates of Obligation. 4) TSAA performs all maintenance and landscaping of parking facility. 5) TSAA collects revenue from parking facility lot and meters. 6) All parking facility revenue, up to $400,000~remains with TSAA. Any additionall revenue is split 50/50 with City. 7) TSAA reimburses City for meter maintenance. ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A FOUR-YEAR LEASE WITH THE TEXAS STATE AQUARIUM ASSOCIATION ("TSAA") TO OPERATE THE PARKING LOT IN THE RIGHT-OF-WAY OF HIGHWAY 181 (HARBOR BRIDGE) IN CONSIDERATION OF TSAA'S PAYMENT OF THE BOND FUND NOTE OF APPROXIMATELY $150,000 ANNUALLY, MAINTENANCE OF THE LANDSCAPING AND PARKING LOT, AND IF PARKING REVENUES EXCEED $400,000 ANNUALLY, PAYMENT TO CI'FY OF 50% OF THE EXCESS REVENUES; AND DECLARATION OF EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Manager or his designee is hereby authorized to execute a four year lease with the Texas State Aquadum Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181 (Harbor Bddge), in consideration of TSAA's payment of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to the City of 50% of the excess revenues. A copy of the lease is on file with the City Secretary. 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 on this the day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This By: t~'~-' Lisa Aguilar Assistant City Attorney for City Attorney Henry Garreff Mayor ,2005: Corpus Christi, Texas Day of ,2005 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott 19 CITY COUNCIL AGENDA MEMORANDUM July 12, 2005 AGENDA ITEM: Ordinance amending Ifle Code of Ordinances, City of Corpus Christi, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Access Road from tw~nty-five cents per hour to fifty cants per hour; providing for penalties; providing for severanca; providing for publication; and providing effective date of August 1, 2005. ISSUE: This ordinanca increases parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Access Road from twenty-five cants per hour to fifty cants per hour. Per the Parking Lease and Management Agreement with the Texas State Aquadum Association (TSAA), the TSAA collects all revenue from these parking meters and issues citations for illegally parked cars. REQUIRED COUNCIL ACTION: Approval of ~ Ordinance PREVIOUS COUNCIL ACTION: These rates were last amended in 1994. FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance Assistant City Manager ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53, INCREASING PARKING METER RATES ON BREAKWATER, WEST SURFSIDE, EAST SURFSlDE AND U.S. HIGHWAY 181 EAST ACCESS ROAD FROM TWENTY-FIVE CENTS PER HOUR TO FIFTY CENTS PER HOUR; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATE OF AUGUST 1, 2005. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That Chapter 53, City Code of Ordinances, is amended to read as follows: "Sec. 53-257. Schedule VIII, Parking meter zone: established. (i) Meter Zone No. 9 is established as a maximum eight-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the deposit of one (1) quarter two (2) quarters for each hour up to ~ sixteen (16) quarters for eight (8) hours, between the hours of 8:00 a,m. and 6:00 p.m. every day of the week upon the following streets: (1) Breakwater Avenue-East Surfside Avenue to West Surfside Avenue. (2) West Surfside Avenue-Breakwater Avenue to Elm Avenue. (3) U.S. Highway 181 East Access Road--Breakwater Avenue to Coastal Avenue. (j) Meter Zone No. 10 is established as a maximum four-hour meter zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of one (1) quarter two (2~ quarters for each hour up to f~ ei.qht quarters for four (4) hours, between the hours of 8:00 a.m. and 6;00 p.m. every day of the week upon the following streets: (1) East Surfside Boulevard--Pearl Street to Elm Street. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. parking meter-aquarium DOC SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect on August 1, 2005. PARKING METER-AQUARIUM DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: John E. Marez 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 Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly ,2005 by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scoff 3 PASSED AND APPROVED, this the A'F1-EST: Arrnando Chapa Cib/Secretary APPROVED: Lisa Aguilar Assistant City Altorney for City Attorney ,2005 __ day of ,2005, Henry Ga~e~ Mayor parking meter-aquadum DOC 20 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 28, 2005 AGENDA ITEM: Renaming the park at 2120 Hudson St. from Midway Park to Nancy Todd Garrett Memorial Park; waiving the 60-day waiting period and publication of legal notice; and providing for severance. ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a renaming request from Brant Chesney for Midway Park located at 2120 Hudson Street to be renamed Nancy Todd Garrett Memorial Park. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted unanimously at their June 8, 2005 meeting to recommend that the City Council consider waiving the 60-day waiting period and the newspaper publication for this renaming request related to Midway Park. The Committee is also asking the City Council to approve the requested renaming of the park as Nancy Todd Garrett Memorial Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized bythe adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Midway Park as Nancy Todd Garrett Memodal Park be approved and the waivers granted as requested. Sally Ga/~ik, Director Parks arYd Recreation Department Attachments: Map Copy - Request for Naming of Parks and Facilities Letter of request from Brent Chesney Copy - Council Policy Information Letter of approval from Henry Garrett BACKGROUNDINFORMATION Midway Park is located where Vestal Street intersects Hudson Street by the Crosstown Expressway. The park was named for the subdivision that was developed in the late 1940's. Nancy and Henry Garrett spent time at Midway Park dudng their eady years. The two met when they were students at Cunningham Junior High School, when he was 13 and she was 11 years old. They married in 1959. They were an active part of the community surrounding the park. Nancy Todd Garrett passed away following a long battle with ovadan cancer. The 63-year old Garrett was a shining example of a gracious woman who always supported her husband, family and city in every endeavor. She was bom in Independence, Kansas, and lived in Corpus ChdstJ most of her life. She was a graduate of Carroll High School and was a retired office manager and executive secretary for Speedman Oil Co. A similar ordinance and waiver was approved by the City Council, requested by the Park and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy Park as Don and Sandy Billish Park. Similarly, in December of 2003, Meadowbrook Park was renamed Dan Whitworth Park and February 22, 2005 Seagull Park was renamed UIIberg Park Midway CITY OF CORPUS CHRISTI PARK AND RP. CRMATION DEPARTMENT PARK AND RECREATION DEPARTMENT POLICY/PROCEDURE NUMBER ~.ec-95-12 SUBJECT: Criteha for Naming Park and Recreation Facilities APPLICABLE TO: EFFECTIVE DATE: All Pa~ and Recr~tion F~fflifi~s admmiste~i by the City of Corpus Christi I. PURPOSE To establish the format and criteria for naming facilities which are und~ the jurisdiction of the Park and Recreation Department and are consistent with City R~olufiona 18545 and 19938. H. SCOPE This policy appli~ to fa~iliti~ situated on City owned or administm~ pmpm'y. It ia und~to~nl that d~ to &e diwea~j of City olm'~tiona, varying faCaar$ may apply to sp~ific faciliti~. Ba$~l on thi~, th~ following CLASSIFICATIONS s~:tion pmvid~ a bn:akd~wn by CLASS of th~ vmabl~a t~ b¢ r~n~der~ in naming facilities. Ill CLASSIFICATION CLASS A: Fa~ilifi~ built and operated by tl~ City. CLASS B: Fa~ilifica built and opeamt~d by indq~ndent os~zation~. Nami. g of facilities in this cat~o~ will b~ submitted by the cun~nt y~r Organization Pres/d~nt w/~ approval by the Board ot'Director~ of the ~tiv¢ oct~.ation CLASS C: Facilities built and ol~rated by indep~demt on City ovaml or administeazd im, lx~t.. Tim mining is the sole respomdbility of the org~mization. Where the naming of a Cross A or B park or paxk facility ia gmpoa~ the following steps shall be taken; aa per city Resolution and deiuulmeatal policy Pezsons, groups, or org~fizatiom proposing ~i~ of P~k Recre~ion fiicilities ~ fill out a Naming Facililim Form and submit the ~quest t~ the ~ of the Pm-k and Recreation Depa~me~t for review and consultation with tho ~tuesting entity. Naming request shall be submitted to the Park and Recreation CommiRee. No agfion may be taktm by the CommiRee for a minimum of 60 days after n~,,eipt of the proposal. During the 60-day wai~ing p~riod, les~ notice ~h.II be published twice in a newspaper of general circulation giving notice of the lm'~:~os~:! framing. In ad~li0u, a ~ign noting tl~ a name ctumge request is being conside~d along with the Park and Recreation Depamnenl telephone number will be posted at the park Wria~n couu~ents or his~rical dam m-~ to b~ subufitled to the Park and Reaem/on Commi~ and /nterested /udi~ian~l= are /nv/ted m come before the CommiU~e to At thc first me=finE after the 60-day waiting period, the Park and Ron~tion Cornmim'~ will take one of the followiag ~tio~s: a_ Approve the X~lUeSt; b. Reject the request; or c_ Table the request for fulu~ action or additional infomu~on_ In the ev~t the request is rejected by Ihe Commi0~:e, the requesling ~tity may ~ the r~joction to the City Council Thc Council shall co~/der the request and ei/h~ aPl~vc or reject the request. The Council at its opt/on, can waive all providona heron prov/ded in comm~nnora~ing or memoria]/~Jng ~m ind~v~dua] o~ act. plaques, or m~odals shall be borne by the entry proposing ~ name. Dan Whitworth, D, iv~tor Pad~ ami Recn~iou Dcl~uhuent ADOPTED: D~,emb~ 6, 1995 REVISED: September 11, 2002 FILE MEMORANDUM TO: CC: FROM: DATE: RE: SALLY GAVLIK (Via fax) City of Corpus Christi Parks & Recreation MAYOR H~NRY GARRET~ CITY COUNCIL MEMBERS CITY MANAGER (Via dbt~ibution by City Secr~ry) (Via distribution by City Secretary) (Via distribution by City Secretary) May 2, 2005 MIDWAY PARK Sally: FOR YOUR INFORMATION FOR YOUR HANDLING PLEA~E~VISE X FOR YOUR REVIEW AND I~dqDLING N'EI~S YOUR FURTI~R INSTRUCTIONS PENDINGfWILL FOLLOW-UP I would like to make this request of the Parks & Recreation Board for consideration. I would like for Midway Park to be considered as a poteatial pzrk to be re-named in memory of Nancy Garrett. Please put this on your age~da for the Parks & Recreation Board to review and let me know their input Th~nk you very much. BFellt Henry Garrett P. O. Box 18565 Corpus Christ~ 7~exa$ 78480 ~lune 13, 2005 Ns. Sally Gavlik City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Ms. Gavlik: On behalf of my family, ! give the City of Corpus Chri~ permission to use Nancy Garrett's name to rename Midway Park to "Nancy Garrett IVlemodal Park". With sincere gratitude, Page I of 2 AN ORDINANCE WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; RENAMING THE PARK AT 2120 HUDSON ST. FROM MIDWAY PARK TO NANCY TODD GARRETF MEMORIAL PARK; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Under Policy No. 6 of Council Policies, Resolution No. 21901, adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory Committee, the City Council waives the 60-day waiting pedod and publication of legal notice. SECTION 2. Midway Park at 2120 Hudson St. is hereby renamed Nancy Todd Garrett Memodal Park. SECTION 3. It is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or prevision 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. C t(Eh3yte 03 05~ORD2093 05~O~lnanc.es\Rename Park\05 0616DC rename M~way As Garre~ Park,doc Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the 28~ day of June, 2005, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly The foregoing ordinance was read for the second time and passed finally on this the 12~ day of July, 2005, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott PASSED AND APPROVED on the 120~ day of July, 2005 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 13 June 2005 Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney Henry Garrett Mayor C:~(DoCe 03 05\ORD2003 05\Ofdinanc es\Rename. Park\05 0616EK2 rename Midway As Garrett Park doc 21 AGENDA MEMORANDUM PUBI, IC HEARING - ZONING (City Council Action Date: 7/12/05) Case No. 0605-02- HEP Developers, Inc.: A change of zoning from a "R-lB" One-farmly Dwelling District to a "RE" Residential Estate District. The property is 19.98 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham Road and 670 feet east of Flour Bluff Dr~ve Plannint, Comndssion and StafFs Recommendation (6/1/05): Denial of the "RE" Residential Estate District and in lieu thereof, approval of a "R-1B"/SP One-family Dwelling District with a Special Permit, subject to seven (7) conditions. Requested Council Action: Approval ora "R-1B"/SP One-family Dwelling District with a Special Permit, subject to seven (7) conditions and an adoption of the attached ordinance. Purl}ose of Request: Development of a 19-lot single-family subdivision on one (1) acre lots. Summary: The applicant is requesting a change of zoning to "RE" Residential Estates in order to develop a 19-lot single-family subdivision on 19.96 acres, with a minimum lot area of one ( 1 ) acre. Ihe "RE" District provides for large lot development without curbs, gutters (inle0 and siden*alkx. Septic tanks systems are allowed on lots half-acre or more provided the lots are served by a public water supply system and sanitary sewer services are not reasonably available and are of sufficient capacity. The nearest sewer gravity system is 1,000 feet north and 3,000 feet east of the subject property A sewer force main is located 1,350 feet south of the subject property and there is no nearby sewer service to the west. The City has determined that city ser"aces are reasonably available. Septic tank systems will not be allowed for the subject property. The issue of adequate drainage is a leading infrastructure concern of the City. Large lot residential development in the "RE" District eliminates the curb and gutter drainage system that is preferred over drainage ditch systems. In retaining the "R-lB" District, large lot development of lots one (1) acre or more could still occur without the elimination of the curb and gutter drainage system. · Historically the Flour Bluff area, specifically along Flour Bluff Drive and Graham Road, has experience poor drainage. Factors contributing to insufficient drainage are: 1. High water table 2. Cross-road culvert elevations that are higher than surrounding land 3. Driveway culverts set at different elevations: soffit of pipes higher than flow line elevation 4. Some undersize cross-over pipes 5. Long and winding distances to ouffall 6. Ditch grading/re-grading 7. Tidal action (very minor contributor) 8. Surface flowmnoff Agenda Memorandum 11605-02 (HEP Developers, lncl Page 2 9. Ditch/swale construction 10. Large lot residential development without curb and gutter (inlet) drainage system Several consultants have been hired in the past to study drainage concerns of Flour Bluff. As a result of these studies, several C1P projects have been proposed as a result of the consultants findings: Graham Road Drainage lmprovements-O'Neil Channel- $2.5M- Unfunded Flour Bluff Drive/Glenoak Drainage Improvements Phase I and 2 · Phase 1: Small construction project estimated at $24.8K and to perform minor drainage improvement at $55M -CIP · Phase 2: Long-term drainage improvement project -$2.1M -Unfunded The proposed subdivision will have access along Flour BluffDrive. a rural arterial and Graham Road, a rural collector. It is estimated that the proposed nineteen (19) lot subdivision could generate 190 average daily trips. Flour BluffDrlve and Graham Road could accommodate the proposed average daily trips without impeding traffic. · Water/wastewater demands for the subdivision are estimated at 6,650 gallons per day with a solid waste demand of 169 lbs. daily. Recommendation: Denial of the "RE" Residential Estate Dis~ct and in lieu thereof, approval of a "R-1B"/SP One-family Dwelling District with a Special Permit, subject to seven (7) conditions: USE: ~13ais Special perrmt shall provide for the same basic uses as the "R-1B"One-family Dwelling Dish'-ict, in particularly large lot single-family detached development, on 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 18. 2. LOT AREA: Each lot shall provide a minimum area of one (1) acre within the platted subdivision. 3. LOT WIDTH: A minimum lot width of 150 feet shall be provided. 4. SETBACKS: A 50 foot minimum front yard setback and rmnimum side and rear yard setback of 25 feet shall be maintained. 5 INFRASTRURE: Curbs, gutters and sidewalks shall not be required for the subject property. 6. DRAINAGE: A drainage retentions/detention pond serwng the subject property shall be provided The retention/detention pond shall be constructed to handle a 25-year storm event. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Al~pllcant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 18 notices mailed to the surrounding property owners, one was returned in favor and zero were returned in opposition. The 20% rule is not invoked_ This case is considered non- controversial. Agenda Memorandum I)605-02 (HEP Developers, lnc ) Page 3 MG/FGMdgp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance Michalel N Gunning, AICP / Assistant Director of Development Servic~ H:~I' LN-I)IR~S HARED\CraiI\WO R DLhG EN DM EM~20~5 ~J uric\06054)2AGENDAM EM O doc CTTY COUNCTL ZONTNG REPORT Case No.: 0605-02 Planning Commission Hearing Date: June 1, 2005 Applicant: HEP Developers, Inc. Owner: Same as applicant Agent: Urban Engineering Chip Urban Legal Description/Location: Being 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 18, located along Graham Road and 670 feet east of Flour Bluff Drive.  From: "R-lB" One-family Dwelling District · To: "RE" Residential Estate District ~ Area: 19.96 acres t'q Purpose of Request: Development of a 19-lot single-family subdivision on one (l) acre lots. Zoning Site "R-lB" One-family Dwelling District North "RE" Residential Estate District South "RE" Residential Estate District East "R- lB" One-family Dwelling Dislxict West "B-Y' Business District --- Existing Land Use Undeveloped land Vacant lots and Estate residential Vacant lots and Estate residential Undeveloped land and low-density residential Commercial Future Land Use Low-density residential Estate residential Estate residential Low-density residential Commercial Area Development Plan: Flour Bluff The future land use map recommends the subject property develop as low-density residential rather than estate residential. The "RE" Dislrict is not supported by the Plan. Map No.: 036032 Zoning Violations: None Zoning RepoN Case No. 0605-02 (HEP Developers, Inc. I Page 2 The applicant is requesting a change of zoning to "RE" Residential Estates in order to develop a 19-lot single-family subdivision on 19.96 acres, with a minimum lot area of one (I) acre. The "RE" District provides for large lot development without curbs, gutters (inle0 and.videualk2'. Septic tanks systems are allowed on lots half-acre or more provided the lots are sep,,ed by a public water supply system and sanitary sewer sen'ices are not reasonably available and are of sufficient capacity. The nearest sewer gravity system is 1,000 feet north and 3,000 feet east of the subject property. A sewer force main is located 1,350 feet south of the subject property and there is no nearby sewer service to the west. The City has determined that city services are reasonably available. Septic tank systems will not bc allowed for the subject property. The issue of adequate drainage is a leading infrastructure concern of the City. Large lot residential development in the "RE" District eliminates the curb and gutter drainage system that is preferred over drainage ditch systems. In retaining the "R-lB" District, large lot development of lots one (1) acre or more could still occur without the elimination of the curb and gutter drainage system. Historically the Flour Bluff area, specifically along Flour Bluff Drive and Graham Road, has experience poor drainage. Factors contributing to insufficient drainage are: 1. High water table 2. Cross-road culvert elevations that are higher than surrounding land 3. Driveway culverts set at different elevations: soffit of pipes higher than flow line elevation 4. Some undersize cross-over pipes 5. Long and winding distances to outfall 6. Ditch grading/re-grading 7. Tidal action (very minor contributor) 8. Surface flowranoff Ditch/swale construction 10. Large lot residential development without curb and gutter (inlet) drainage system Several consultants have been hired in the past to study drainage concerns of Flour Bluff~ As a result of these studies, several C1P projects have been proposed as a result of the consultants findings: Graham Road Drainage Improvements-O'Neil Channel- $2.5M- Unfunded Flour Bluff Dnve/Glenoak Drainage Improvements - Phase I and 2 · Phase 1: Small construction project estimated at $24.8K and to perform minor drainage improvement at $55M -CIP · Phase 2: Long-term drainage improvement project -$2.1M-Unfunded Zonmg Repo~ Case No0605-02 (HEP Developers, lnc) Page 3 The proposed subdivision will have access along Flour BluffDnve, a rural arterial and Graham Road, a rural collector. It is estimated that the proposed nineteen (19) lot subdivision could generate 190 average daily trips. Flour Bluff Drive and Graham Road could accommodate the proposed average daily trips without impeding ~affic Water/wastewater de~nands fur the subdivision are estimated at 6,650 gallons per day with a solid waste demand of 169 lbs. daily. Street Type Paved Section Volume (Z001) Flour BluffDrive Rural arterial 60' ROW w/26' paved sec 9,944 a.v.t. (Plammd 95'R.O.W.w/60' Bk. to Bk.) Graham Road Rural collector 40' R.O.W. w/20' wide Not available rural paved section. (Planned 75' R.O.W. w/50' Bk. to Bk. paved section.) The subject property is not platted The problem of insufficient drainage ',viii continue to compound as land is developed with the District that eliminates curbs, gutters (inlets) and sidewalks In June 2003, 25-acres along Flour Bluff Drive, Don Patricio and Meeks Road was rezoned to a "RE" District. Along Flour BluffDrive, Cornerstone Drive and Meeks Road, 22- acres were rezoned to a "RE" Dislnct in April 2004. November 2004, 18-acres were rezoned along Glenoak Drive and St. Peters Street to a "RE" Disa-ict. Additionally, sufficient funding through the City's C[P Program is needed to correct drainage issues in the Flour Bluff area. Zoning Report Case No. 0605-02 (HEP Developers, Inc ) Page 4 Denial oftbe "RE" Residential Estate District and in lieu thereof, approval ofa "R-IB"/SP One- family Dwelling District with a Special Permit, subject to seven (7) conditions: USE: This Special Permit shall provide for the same basic uses as the "R-1B"One-family Dwelling District. in particularly large lot single-family detached development, on 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 18. 2. I.OT AREA: Each lot shall provide a minimum area of one (1) acre within the platted subdivision. 3. LOT WIDTH: A minimum lot width of 150 feet shall be provided. 4. SETBACKS: A 50 foot minimum front yard setback and minimum side and rear yard setback 0[25 feet shall be maintained. 5. INFRASTRU1LE: Curbs, gutters and sidewalks shall not be required for the subject property. DRAINAGE: A drainage retention/detention pond serving the subject property shall be provided. The retention/detention pond shall be constructed to handle a 25-year storm event. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of/his ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Same as Staff recommendation Number of Notices Mailed Favor 0 Opposition 0 (As of May 27, 2005) 18 Attachment: Zoning Map Detention pond site plan U :~P LN-D IR~S HARED\G aiI\WORD~ZONRP TS X2005U un e\06054)2 CCReport doc R-1 RE FR ;R B-3 48 RE A-1 " R-lB 2 RE NORTH --t. Site Flour Bluff Drive Cmo' R.O.W.) N2g'OO'OO'E 680.77' Beginning Lot 4 Lot 3 Lot 2 Lot 1 ~ 8.4.98 Co~otly Subdh4elen ~ (370,~ ~ Vol. 42. Pg. 77, Map .e3 Lot 17. 5ec'Uon 4,B Rec~3rde. Nue~,~ County, Texas ~c~ Flour B~uff & Enolrml Farm & O<3rden Tracts ~_. Vol. A. Pge. 41-43, ~Z Re<on:Il, Nuecel County, Tlx~3e Map to Accompany FIELDNOTES for a 8.498 acres (not baaed on on on-the-ground survey) of land out of Lo[ 17, Section 4~1, F~our Bluff and Encinal Farm and Garden Tracts, a map of which ia recorded In Volume A, Pa~;ee 41-45, Map Records of Nuecea County, Texas. S28'57'08'W 661.02' 20"-- LOt 18, S~'Uon 48 Flour Bluff & Enelrml Form & G~n~e~ Tracts Vol. A, pge. 41-4~, Mop Recorcla, Nu~ County, Taxa E 300 200 1 O0 0 200 400 20'-' R B A iiiJ~,ENGiNEERiNG [~o~ NO.: ~m044.00.00 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 1, 2005 b. Case No. 0605-02 HEP Developers, Inc.: "R-lB" One-family Dwelling District to a "RE" Residential Estate Division. Being 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham road and 670 feet east of Flour BluffDrive. Request: Change of zoning from"R-lB" One-family dwelling District to "RE" Residential Estate District Excerpts from Zoning Report Legal Description/Location: Being 19. 98 acres out of Flour Bluff and Encinal farrn and garden Tracts, Section 48, Lots 18, located along Graham Road and 670feet east of Flour Bluff Drive Purpose of Request' Development ora 19-lot single-family subdivision on one (1) acre lots. Area Development Plan: Flour Bluff- The fiaure land use map recommends the subject property develop as low-density residential rather than estate residential. The "RE" District is not supported by' the Plan. Department Comments: The problem if insufficient drainage will continue to compound as land is de~eloped with the "RE" District that eliminates curbs, gutters (inlets) and sidewalks. In June 2003, 25-acres along Flour Bluff Drive, Don Patricio and Meeks Road wax rezoned to a "RE" District. Along Flour Bluff Drive, Cornerstone Drive and Meeks Road, 22-acres were rezoned to a "RE" District in April 2004. November 2004, 18 acres were rezoned along GlenoakDr~ve and St. Peters Street to a "RE" District. Additiom~lly, sufficient funding through the City's CIP Program is needed to correct drainage issues in the Flour Bluff area. Staff Recommendation' Denial of the "RE" Residenttal Estate District. Ms. Holly stated that there has been difficulty with maintaining any positive drainage or overland drainage because the sandy soils drift up and there is no longer drainage. There is an estimate of $60 million needed for improvement in this area. The curbs and gutters are needed under current conditions. Thc "RE" zoning Districts was equivalent to saying that it was allowed to do septic and that would not be the case. Mrs Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Mrs. Goode-Macon stated that the applicant is requesting a change of zoning from an "R-lB" District to an "RE" District. The subject property is located between Graham Road and ~he Cornerstone Subdivision of Flour BluffDrive. Currently the zoning is "R-lB" District with "B-I" Disthct to the west and an "R-lB" District tract to the east. Towards the north and south there is existing "P~" District development that was recommended by the staff; recommended by Planning Commission and approved City Council between the years of 2003 and 2004. Planning Commission Minutes 06054)2 (HEP Developers, Inc ) Page 2 As ~ndicated, the Future Land Use Map is consistent with existing zoning of"R-lB" District. The applicant has approximately 19.96 acres which is proposed as a large lot development with approximately eighteen lots. Staffis recommending denial of"RE" District. There were zero notices received in opposition or in favor. Public hearing was opened. Chip Urban, 2725 Swantner, Urban Engineering, stated that he is representing the developer in this particular case. The City Engineer has stated that sanitary sewer is reasonably accessible. The de',eloper feels that it is not reasonably accessible. The off site developlnent cost for receiving sanitary sewer system would be $600,000 to $1.3 million. In order to get to the lift station, there would be a very deep 27 inch sewer line and a 30 inch sewer line that would extend over a mile. This option would cost $1.3 rmllion because it is not currently in place. The other option would be to do a master plan amendment and go to more of an area that was suggested in the zoning report. The closest sanitary sewer would be from 1,000 to 3,000 feet away. It would be 1,000 feet north and 3,000 feet east totaling 4,000 feet away. The closest manhole with adequate depth was 4200 feet away. Tins option could cost up to $600,000. It does not make the property viable. The additional costs would not be reasonable and accessible. For tkis reason, I believe that there should be allowed septic systems on site. Drainage has been an issue with some developments recently. The property adjacent called Cornerstone had drainage issues. Some culverls were placed improperly. As constructed commenced, tracks would drive thru the ditches. The ditches would be disturbed and not braided properly. The City is proposing to keep the '~R-IB" District which would require a curb, gutter and sidewalks. In order to put in curb and gutters with the assumption that there will be underground storm sewer. Underground storm sewers are considerably deeper than surface ditches. If underground storm sewers are the route that needs to be taken, with the existing drainage infi'astructure, the applicant carmot get onto Flour BluffDrive. The culverts and ditches on Flour BluffDfive are not low enough. The applicant is proposing to remedy some of the problems by placing drive-ways when the development is built and install culvert pipes. The construction would not need to go through ditches and the culverts would be large enough. The property cannot be developed as an "R-lB". In response to Commissioner Mims question, Mr. Urban stated that there would be significant offsite costs that would not be reimbursable from the City. Mr. Urban also stated that in the previous zoning case, there were two people that stated that they really enjoyed having road side ditches and not having sidewalks, curb and gutter. People want to go and be in that environment. In response to Commissioner Braselton's question, Mr. Urban indicated that there is a third option that would allow the applicant to put in a sanitary lift station and a force main to get to some places closer. However, the last t~me a lift station was done, it came in over $300,000. That cost does not include the force main or the right-of-way acquisition and the applicant would have to cut through several ex~sting lots to get there. It would not be an easy task. The applicant would also be willing to place a retention/detention pond to help any increased run off from the development. That would be placed on the adjacent business piece of property Ms. Holly stated that under the drainage scenario, there have been flooding problems on Graham Road. Once the land is developed and drainage ditches put in, the sand does not hold the ditch depth that needs to be held in. The ordinance states that you are allowed to do overland drainage if the ditch level is no more than one foot below the street. Planning Commission Minutes o605 (12 (HEP Developers, Inc ) Mr. Urban stated that if the homeowner's association takes responsibility for sizing, locating and placing culverts in the driveways and maintaining the ditches, it would relieve some of the concerns that we are able to control. The other concerns of flooding and being able to get across Flour Bluff Drive, the applicant cannot do anything about it. In response to Commissioner Salazar's question, Mr. Urban stated that the applicant would be willing to place a retention/detention pond, but it is not something that was originally proposed on the .,oning application. Ms. Holly stated that if the zoning case was approved with a Special Pcmfit or a Planned Development-2, it could be done. The applicant would only be allowed to do an "RE" District type development under a PUD-2. That is something that can be brought to the city engineer when processing the plat. Bill Meredith, 5734 Ocean Drive, attorney representing ATP Developers, stated that the developers invested in this tract of land with the feeling that it could be used as an "RE" District. The mimmum square footage would be 2,000 square feet for each residential unit, and it would be a first class development. The approximate price range would be from $250,000 to $300,000 to start. It would be a great advantage to that part of town. Ms. Holly stated that she would need figures from Mr. Urban to present to the City Engineer. As a general policy it is preferred not to have septic systems due to environmental damages. The "RE" District could be denied and approved as an "R-lB" District with a Special Permit for a large lot, single family development. A retention or detention facility conslructed to manage a twenty-five year storm could be part of the Special Permit. Tkis should resolve the concerns fi-om Staff and also meet the applicant' s conditions. Motion was made by Commissioner Braselton, seconded by Commissioner Pusley to approve "R-lB" District with a Special Permit with the condition that a detention/retention pond is provided. itSPLN-DIRkSHARED\GaiI\WORD~,AGENDMEM~¢005Uune\0605432 Minutes Excerpt doc Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY H.E.P. DEVELOPERS, INC, BY CHANGING THE ZONING MAP IN REFERENCE TO 19.98 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS LOT 18, SECTION 48, FROM "R-lB" ONE-FAMILY RESIDENTIAL DISTRICT TO "R-1BISP" ONE-FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of H.E.P. Developers, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 1,2005, during a meeting of the Planning Commission, and on Tuesday, July 12, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, 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 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham Road and 670 feet east of Flour Bluff Drive, from "R-1B" One-family Dwelling Distdct to "R-1B/SP' One-family Dwelling District with a Special Permit for single-family residential development, as shown on the attached Exhibit, subject to seven (7) conditions. (Map 036032) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following seven (7) conditions: USE: This Special Permit shall provide for the same basic uses as the "R- IB"One-family Dwelling District, in particularly large lot single-family detached development, on 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lot 18. 2. LOT AREA: Each lot shall provide a minimum area of one (1) acre within the platted subdivision. H:'d_EG-DIRLIoseph'¢.onlngq~5\0605-02S pe cial doc Page 2 of 4 3 5 6 7 LOT WIDTH: A minimum lot width of 150 feet shall be provided. SETBACKS: A 50 foot minimum front yard setback and minimum side and rear yard setback of 25 feet shall be maintained. INFRASTRUCTURE: Curbs, gutters and sidewalks shall not be required for the subject property. DRAINAGE: A drainage retention/detention pond serving the subject property shall be provided. The retention/detention pond shall be constructed to handle a 25-year storm event. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8, That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 12th day of July, 2005 H:~EG-DIR~Joseph~.oning-05\0605~02Specia[.doc P~ge 3 of 4 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ Joseph r~noy Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H :~E G-DIR~J oee p h~.onin gq35\0605~02Speciai doc Page 4 of 4 Corpus Christi, Texas __day of ,2005 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 Charier rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Char[er rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H ~_EG-DIR',Joseph~oning-05~0605-02S pec~al doc LOCATION MAP N.T.S. L~t t0 Map to Accozz3pany HELDNOTE~ ~or razonin9 ~ 19,~8 ~re tract {not on an on-~e-9~ su~) of la~, ~ all of ~t 18, S~ion ~, ~ur ~ =~ Enc]~l Fa~ and ~r~ T~. o m=p whl~ la mco~ In Volume ~ 41-43, ~p R~da of Nu~ ~un~. 3o0 ~00 O L I I / URBAN April 27, 2005 Job No. 40044.00.00 (361)~54-31D1 FAX~361)~5,4-~01 19.98 Acres State of Texas all of Lot 18, Se'etlon 48, Flour Bloffand Encinal Farm a~d Garden Tracts, a map which is r~eord~d in Volum~ A, Pag;oo t 1 43, Map Rooord~ of]~-]uc~.c~ Couot'7, Tc*,xa~, said 19.98 ~aUl~ U tleginning at a point on the centerline of Graham Road. a q0 foot wide public roadway, 657.59 toot for the north corner of LOt 19, said Section 48, and for the east comer of said Lot 18. and of this react; Thence, South 28°52'07" West, along the common boundary of said Lots 18 ~nd 19, e distance of 1321.01 feet to a point on the north boundary of Lot 9, BlOck 2, Cornerstone Subdivision, a map which is recorded in Volume 64, Pages 11-12, Map Records of Naeces County, Te.,ms, and for the south corner of said Lot ] 8, and of this Thence, North 6 t ° ) 2'55" West, along the northeast boundary of said Cornerstone Subdlvtsion~ a distance of 659.51 feet for the south corner of Lot 4. Block 1, Conolly Subdivision, a rnap which is recorded in Volume 42, Page 77, Map K,cords of Nueccs County, Thence, Nortb 28°57'08" East, at 660.93 feet pass the east corner of said Conolly Subdivision in all a total distance of 1321.95 feet, to the Point of Beginning and containing 19.98 Acres (870,238.78 squ~re feet) et' land. Bearings are based on the survey of the Northeast V: of Lot 17 and all of Lot l 8, Section ,18 Flour Bluff and Encinal Farm and G~rden Tracts, by HAAS Su~eying Job No. 041 170 dated Janula), 5, 2005. Unless this Field Notes Description, including preamble, seal, and signature, appears in its entirety, in its original tbrm, surveyor assumes no responsibility for its accuracy. O Urban E~agineertng~[ S:\Surveylng\40044\J~400440000,do¢ Page moll@urbannnooom 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: July 12, 2005 A. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. B. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions which include: DRD Reel Interests, LLC, to receive a binding commitment for a 2006 Commercial Revitalization Deductions allocation for $2,500,000 for a building located 408 N. Chaparral Street; Ullah Investments, Inc., to receive allocation for $810,000 from 2005 Commercial Revitalization Deductions for a building located at IH-37 and McKenzie Road. Fox Squirrel, L.P. to receive allocation for $350,000 from 2005 Commercial Revitalization Deductions for a building located at 304 & 306 N. Staples Street. Fox Squirrel, L.P. to receive allocation for $50,000 from 2005 Commercial Revitalization Deductions for a building located at 3709 Seagull Avenue. Fox Squirrel, L.P. to receive allocation for $150,000 from 2005 Commercial Revitalization Deductions for a building located at 1324 Mesquite. f. Alma Garcia to receive $90,000 from 2005 Commercial Revitalization Deductions for a building located at 1312 Leopard. g. Bill Ward to receive allocation for $125,000 from 2005 Commercial Revitalization Deductions for a building located at 301 S Tancahua. h. Mako Communications, LLC to receive allocation for $480,000 from 2005 Commercial Revitalization Deductions for a building located at 518 Peoples Street. ISSUE: As one of fody designated Renewal Communities nationwide, the City of Corpus Christi can nominate $12 million of Commercial Revitalization Deductions each year during the designated period. According to the Internal Revenue Service (IRS), the commercial revitalization agency (CRA) may make the following types of allocations: 1 ) An allocation in the year that the project is completed. 2) A binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service. 3) A carryover allocation. The Office of the Governor serves as the Commercial Revitalization Agency (CRD) and is responsible for certifying allocations nominated by the governing bodies of the Renewal Communities in Texas. Required Council Action: A. Approve the resolution as presented. CONCLUSION AND RECOMMENDATION: City staff recommends nominating to the Office of the Governor all fundable applications received in response to the advertisement for applications for the 2005 Commercial Revitalization Deductions. Oscar Martinez ~ Assistant City Manager Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Summary of DRD Reel Interests, LLC Summary of Ullah Investments, Inc Summary of Fox Squirrel, L.P. Summary of Fox Squirrel, L.P. Exhibit E: Summary of Fox Squirrel, L.P. Exhibit F: Summary of Alma Garcia Exhibit G: Summary of Bill Ward Exhibit H: Summary of Mako Communications, LLC Project name: DRD Reel Interests, LLC Project Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Total Investment: Placed in Service Date: Allocation Request: 408-410 N. Chaparral 3 Domm Reily Davis 0 75 $3,000,000 October 2007 $2,500,000 Summary This application is submitted for a binding commitment of the 2006 Allocation for the renovation of the Centre Theater in Downtown Corpus Christi to a four screen First Run Cinema Eatery "FRCE" DRD Reel Interests, LLC requests a binding conn-nitment in order to assist in attracting additional financial investors to the project and secure ultimate bank tYmancing. The owner of the property has provided DRD Reel Interests an option to lease the property. Exhibit A Project name: Ullah Investments, Inc. ['roject Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Total Investment: Placed m Service Date: Allocation Request: 3500McKenzie Road 50 Aman Ull~ 6 15 $1,100,000 June 2005 $810,000 Summary Ullah Investments, Inc is a newly formed Texas Corporation orgamzed to acquire, develop, and operate a Shell Service Station and Convenience Store located at the comer oflH 37 and McKenzie Road. Ullah Investments, Inc acquired the land in 2004. Aman Ullah, President of Ullah Investments, Inc. has successfully developed and operated a series of businesses in Corpus Christi and South Texas including 6 other Shell Sermce Stations and Convenience stores, a successful retail jewelry store, and a Truck Stop and Motel 6 in Sinton, Texas. Mr. Ullah was named SBA's Small Business Person of the Year for 2002. Exhibit B Project name: Fox Squirrel, L.P. - Staples Street Building Renovation Project Location: Project Census Tract: Contact: .lobs Retained: New Jobs: Total Investment: Placed in Service Date: ,Mlocation Request: 304 & 306 N. Staples Street 3 H¢l~ry Ingrain 0 0 $400,000 October 2005 $350,000 Summary Fox Squirrel's investment strategy in Corpus Christi is focused on the restoration of abandoned properties for conversion to viable sites For commercial activity. This application is being presented in relation to the renovation of a 31,000 square foot building located at 304 & 306 N. Staples Street as a coinmercial warehouse and business rental with 1/3 of the property being donated at no cost to house the Corpus Christi operations of Habitat for Humanity. Fox Squirrel purchased this abandoned properly in March of 2005 with the application for the Commercial Revitalization Deduction playing an integral and important part of the business decision to make this investment. Exhibit C Project name: Fox Squirrel, L.P. - Beach Vacation Cottage l~roject Location: }~roject Census Tract: Contact: ,lobs Retained: New Jobs: Total Investment: Placed in Service Date: Allocation Request: 37(19 Seagull Avenue 1 Hcrtry ingram 0 0 $6O,OOO March 2006 $50,000 Summary Fox Squirrel's investment strategy in Corpus Clmsti is focused on the restoration of abandoned properties for conversion to viable sites for commercial activity. With its roots in South Carolina, the partnership has invested in three properties in the Renewal Cormmunity specifically to take advantage of the tax incentives offered to these properties in addition to the underlying economic attractiveness of these investments. This application is being presented in relation to the renovation of a building located at 379 Seagull on Corpus Christi Beach and its conversion into a short-term rental vacation cottage. Exhibit D Project name: Fox Squirrel, L.P. - Mesquite and Palo Alto Renovations Project Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Total Investment: Placed in Service Date: Allocation Request: 1324 Mcsquite 3 Henry Ingram 0 0 $210,000 September 2005 $150,000 Summary Fox Squirrel's investment strategy in Corpus Christi is focused on the restoration of abandoned properties for conversion to viable sites for commercial activity. This application is being presented in relation to the renovation of tbxee abandoned buildings located at 1324 Mesquite at the comer of Mesquite and Palo Alto near Heritage Park and the Bayfi-ont Arts and Sciences facilities. Fox Squirrel purchased this abandoned property in Deco'tuber of 2004 with the application for the Commercial Revitalization Deduction playing an integral and important part of the business decision to make this investment. Exhibit E Project name: Alma Garcia - Leopard Street Building Renovation Project Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Total Investment: Placed in Service Date: Allocation Request: 1312 Leopard 3 Alma Garcia 0 0 $160,000 First Quarter 2005 $90,0O0 Summary Ms. Garcia recently acquired this long vacm~t property and has renovated the structure and placed it in service the first quarter of 2005. Ms. Garcia is a real estate broker and developer and directs the Corpus Christi Franchise of HomeVestors, Inc. Ms. Garcia paid for the property and paid for all improvements with personal resources. Since the costs to improve the property are m excess of the acquisition price of the building, the expenditures meet the test of substantial rehabilitation as well as all other tests for project qualification under Section 14001 of the Internal Revenue Service Code. Exhibit F Project name: Bill Ward - Cowling Insurance Building Renovation Project Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Total Investment: Placed in Service Date: Allocation Request: 301 S. Tancahua 3 Bill Ward 0 0 $152,000 December 2005 $125,000 Summary Mr. Ward recently acquired this long vacant property and plans to renovate the structure and expand it by building a 600 square foot second story office suite. Mr. Ward is a well-established real estate broker and developer in Corpus Christi and also actively participates in the development and operation of energy projects. Upon completion of renovation, the building will house the operations of Bill Ward Real Estate Services and REGO Development, Inc.; both companies are owned and operated by Mr. Ward. Exhibit G Project name: Mako Communications, LLC Project Location: Project Census Tract: Contact: Jobs Retained: New Jobs: Fotal Investment: Placed in Service Date: Allocation Request: 518 Peoples Street 3 Amanda Mimz 4 1 $700,000 August 2005 5480,000 Summary Mako Communications, LLC recently acquired a building located at 518 Peoples Street and plans to renovate the facility as the location for its headquarters, repair facility and equipment storage warehouse. Mako Communications, LLC is a 5-year old Corpus Christi, Texas-based, family owned and operated company. The Company's primary emphasis is in building, maintaining, and leasing low power television (LPTV) stations throughout the United States w/th a particular concentration in the State of Texas, including LPTV in Corpus Christi, Channel 64. Mako Conununications, LLC does business w~th a number of national clients (such as Home Shopping Network), as well as international clients (TV Azteca). Exhibit H RESOLUTION NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christi's Census Tracts 1,3, 4, 10, and 11 as a "Renewal Community" eligible to share in tax incentives to stimulate job growth and promote economic development; WHEREAS, the City of Corpus Christi has requested to expand the Renewal Community to include Census Tracts 5, 7, 13, 35, and 50 in order to foster investment and economic development within the census tracts; WHEREAS, the Renewal Community designation provides federal tax incentives to businesses located in the Renewal Community; WHEREAS, each Renewal Community can allocate $12 million of Commercial Revitalization Deductions per year and up to $10 million per project for substantially rehabilitated or newly constructed buildings in the Renewal Community; WHEREAS, a business can deduct 50 percent of the building in the first year the building is placed in service or deduct the full amount of eligible expenditures pro rata over 10 years; WHEREAS, each Renewal Community may make the following types of allocations of the Commercial Revitalization expenditure amounts--an allocation in the calendar year in which a qualified revitalization building is placed in service; a binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service, and a carryover allocation; WHEREAS, each Renewal Community must submit to the Office of the Governor a plan for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan"); WHEREAS, on November 16, 2004, the City Council adopted its Allocation Plan, titled "City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local Strategic Plan") to submit to the Office of the Governor; and WHEREAS, pursuant to its Local Strategic Plan, the City published notice of the Commercial Revitalization Deduction application process, received applications, and reviewed applications for compliance with the Local Strategic Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. The following projects are approved by the City of Corpus Christi and nominated for approval by the Office of the Governor to certify the following allocations of the Commercial Revitalization Deductions totaling $2,055,000 for 2005 Allocations, and $2,500,000 for binding commitment for 2006 Allocations: Nov 16 resolution revitalization 2 a. DRD Ree~ Interests, LLC, to receive a binding commitment for a 2006 Commercial Revitalization Deduction allocation for $2,500,000 for a building located 408 N. Chaparral Street; b Ullah Investments, Inc., to receive allocation for $810,000 from 2005 Commercial Revitalization Deductions for a building located at IH-37 and McKenzie Road. c. Fox Squirrel, L.P. to receive allocation for $350,000 from 2005 Commercial Revitalizal:ion Deductions for a building located at 304 & 306 N. Staples Street. d. Fox Squirrel, L.P. to receive allocation for $50,000 from 2005 Commercial Revitalization Deductions for a building located al: 3709 Seagull Avenue. e. Fox Squirrel, L.P. to receive allocation for $150,000 from 2005 Commercia~ Revitalization Deductions for a building located at 1324 Mesquite. f. Alma Garcia to receive $90,000 from 2005 Commercial Revitalization Deductions for a building located at 1312 Leopard. g. Bill Ward to receive allocation for $125,000 from 2005 Commercial Revitalization Deductions for a building located at 301 S. Tancahua. h. Mako Communications, LLC to receive allocation for $480,000 from 2005 Commercial Revitalization Deductions for a building located at 518 Peoples Street. SECTION 2. The City Manager or his designee is authorized to execute a certification to the Office of the Governor that the City of Corpus Christi has followed the procedure in its Allocation Plan, and to the best of his knowledge, each application approved in this Resolution is complete and meets the requirements of the Commercial Revitalization Deduction Program. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July ~ , 2005 Lisa Aguilar ~-~ Assistant City At/~rney For City Attorney Henry Garrett Mayor Commercial Revitalization Deductions DOC 23 CITY COUNCIL AGENDA MEMORANDUM July 12, 2005 AGENDA ITEM: Public Hearing on the Proposed FY 2005-06 Operating Budget. ISSUE: Section 102.006 of the Texas Local Government Code reads as follows: The governing body of a municipality shall hold a public hearing on the proposed budget. Any taxpayer of the municipality may attend and may participate in the hea#ng. REQUIRED COUNCIL ACTION: Conduct the public hearing. Assistant Director of Management & Budget 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Police Department crime statistics presentation STAFF PRESENTER(S): Name 1. P. Alvarez, Jr. Title/Position Chief of Police Del~artment Police OUTSIDE PRESENTER(S): Name Title/Position Oraanlzaflon ISSUE: The Corpus Christi Police Department will present a summary of statistical crime data. REQUIRED COUNCIL ACTION: None Chief of Police Corpus Christi Crime Statistics and Comparison with Other Cities .luly 12, 2005 Recent Issues Corpus Christi Caller Times · .lune 22, 2005. Reported Corpus Christi as having the 4th highest violent crime rate in Texas Forbes Magazine. Best Places for Business and Careers: · May 5, 2005. Of 150 cities, Corpus Christi was ranked 147 in crime (used metropolitan area statistics) 2 Scandals in Crime Reporting: · Philadelphia · New OHeans · Broward County Florida · Atlanta · Baltimore (Accused of Underreporting Crime) 3 UCR: Crime Measurement (Source: FBI) · Provides information about long-term crime trends; · helps officials guide police programs; and, · assists in prioritizing government resources. 4 According to the FBI: · The primary objective is to generate a reliable set of crime statistics for use in law enforcement administration, operation, and management. · The public relies on these data for information on the fluctuations in the level of crime from year to year. · The FBI cautions and strongly discourages data users from ranking cities and using the data as a measurement of law enforcement effectiveness. 5 Pitfalls of Ranking (Source: FBI) · Creates Misleading Perceptions · Rankings ignore the uniqueness of each locale. This includes: · Population density and degree of urbanization · Composition of population and cultural conditions · Policies of other C3 components (i.e., prosecutorial, judicial, correctional). · Rankings do not reflect crime reporting differences 6 1996-2004: Crime Down 28% 1996-2004: Violent Crime Down 33.9% 8 1996-2004: Property Crime Down 27% 9 Major Texas Cities Comparison (150,000-1 million) 1996 · 1997 [] 1998 [] 1999 ·2000 .20 1 0 · 2002 n2003 ·2004 10 2005: ~lan-May Corpus Christi Crime Down 7.7% Comparison with 2004, through May 3:~, 2005 Classification of YTD 2004-200~ Comparison Offenses 2005 2004 % Change Murder 5 12 -58_33% Rape 91 82 10.98% Robbery 174 185 -5.95% zlggravated.4ssault 504 547 -7.86% Burglary 1,397 1,783 -21.65% Larceny/Theft 6,173 6,366 -3.03% Motor Vehicle Theft 343 437 -21.51% Crime Index Total 8,687 9,412 -7.70% 12 What Have we Done · Hotspots Program (2004) · Auto Theft Prevention Authority (2001) · Family Violence Unit (1999) · .luvenile Crime Effort (Continuing Since 1990's) · Gang Enforcement (.1ET--Since 1990's) What We're Planning · Pawn Shop Detail · 5 Year Strategic Plan · Technology (Wi-Fi Cameras and new CAD/RIVlS) Hotspot Effort: Auto Burglary (C]:D and Patrol) March 2005-3une 2005 · Groups Busted: · Total Arrests: · Number of cases cleared · Recoveries 4 12 120 $8o,ooo 14 Auto Theft Task Force Number of Auto Thefts 2001-2004 Down Over 33% 1600~ 600~ 2~~ 0~ - I~ 2001 [] 2002 [] 2003 [] 2O04 15 Auto Theft Task Force · Since the beginning of the year, there have been 5 chops shops uncovered by Auto Theft detectives. · Jan.-May 2005, the auto theft rate has decreased by 21.5% (343) as compared to the same time frame in 2004 (437',I. 16 Family Violence Unit Family Violence Crime Down :[8.8% 17 Anti-Gang Efforts .lanuary 2005-.lune 2005 · ]ET: Leads South Texas Gang Task Force · Area Law Enforcement is coordinated · .1ET: 26 vehicle seizures this year · JET: Arrest Warrants · Teamed with U. S. Marshal's: 15 arrests in I day · Involved with FBI Safe Strccts Task Force (prison gangs) · Started Most Wanted Gang Member with media · 18 Search Warrants (Special Services) · 16 Guns "off the streets" · Numerous Drugs recovered · $12,000 Cash and I vehicle seized 18 · Violent Crime by .luveniles: -1996 135 · 2004 33 · Property Crime by .luveniles: -1996: 772 · 2004: 228 19 Questions 20 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding Council Focus Area - Intergovernmental Retafions STAFF PRESENTER(S): Name 1. George K. Noe Title/Position City Manager Organization City of Corpus Christi ISSUE: At the Goal Setting Retreat held on May 2, 2005, the City Council established 6 Pdodty Focus Areas. Enhancement of Intergovernmental RelalJons was identified as one of these focal points. This is the second of six Focus Areas to be presented for implementation in the coming year. REQUIRED COUNCIL ACTION: No formal action is required at this time. · Noe, City Manager 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 12, 2005 AGENDA ITEM: Discussion and consideralion o[ an agreement between the Corpus Chdsti Fire Department and Del Mar College regarding the joint use of the Del Mar College Public Satety Training Facility. A presentation of the joint use facility will be provided by: Juan J. Adame, Fire Chie[, Corpus Chdsti Fire Department Chds R. Black, Chairperson - Dept. of Public Safety Education, Del Mar College Waiter Thieme, Program Director - Fire Science/Fire Academy, Del Mar College ISSUE: The Fire Department has not had a ddll field since the eady 1990's when Fire Station Number 7 was built on the ddll field site at 3722 South Staples. In order to meet Flrefighter Cadets' training requirements from the Texas Commission on Fire Prevention, the department has been contracting with other area training facilities for limited training. BACKGROUND: Del Mar College is in the process o[ constructing a Public Safely Training Facility and would like to enter into an Affiliation Agreement with the Fire Department to use the facility when completed. The terms of the proposed agreement are as follows: Del Mar College agrees to: · Provide the Fire Department eighty (80) hours per month access to the training field at no charge through a three-year agreement. · Maintain a schedule of all fire-training field resources and availability. · Provide Fire Department with parking for reserve vehicles. The Fire Department agrees to: · Provide water and natural gas to the training field at no cost to Del Mar. · Provide supervision, in conjunction with the faculty from Del Mar, [or Fire Department training participants. · Provide maintenance and repair for Del Mar's Self-Contained Breathing Apparatus. Del Mar will pay for all pads used in maintaining and repairing said equipment. · Provide mainlenance and repair services for pumps on Del Mar's fire apparatus. Del Mar will pay for all parts used in maintaining and repairing said equipment. · Provide vaults, culved pipes, and manways for the construction of a confined space training prop. · Reimburse Del Mar for consumables used in fire, emergency medical or haz-mat training. · Reimburse Del Mar for any damage caused to the facility by negligence or misuse. · Allow Del Mar to use reserve vehicles for training purposes when not being used by Fire Department. Del Mar will be responsible [or damage caused by College use. Del Mar College does not assume liability for any injury in any manner and to any extent that a student, faculty member, or Fire Department personnel may receive in the normal conduct of teaching or receiving training at the college. REQUIRED COUNCIL ACTION: Approval of an Affiliation Agreement with Del Mar College. City Manager Partners in Service HISTORY · Fire/Paramedic Academy Cooperation - Third Academy - Savings in excess of $30,000.00 - Access to test banks and other academic materials - National Registry testing 2 PROJECT DESCRIPTION · Provide state-of-the-art training for Law Enforcement, Firefighters, Occupational Safety and Health Technicians, Emergency Medical Paramedics, and Homeland Security Personnel · Expand job training opportunities for first responders and other professionals employed with South Texas safety agencies · Complement existing city and county fire and police training for South Texas TRAINING COMPLEX 4 CLASSROOM BUILDING · Approximately 47,000sq.ft. · 12 Classrooms · 2 EMS Labs · 1 Chemistry Lab/Classroom 5 CLASSROOM BUILDING · 1 Computer Lab/Classroom · 1 Fire Arms Simulator Lab/Classroom · 1 Defensive Tactics Lab · 1 Cardio Lab 6 TRAINING FIELD 7 Burn Tower First Floor · Burn Simulator · Flashover · Unstable Floor · Elevator Shaft Access · Multiple Entry Points Burn Tower Second Floor · Moveable Wall Panels · Burn Racks · Elevator Shaft Access · Rappelling 9 Burn Tower Third Floor · Moveable Wall Panels · Burn Racks · Elevator Shaft Access · Apartment Balcony · Rappelling 10 Burn Tower Fourth Floor · Moveable Wall Panels · Burn Racks · Elevator Shaft Access · Rappelling 11 Burn Tower Roof · Rappelling · Elevator Shaft Access (Confined Space) · Ventilation Prop 12 Burn Tower Interior · Interior Stairwell · Smoke Generators · Stand Pipe with FDC 13 Burn Tower Exterior · Apartment Facade · Convenience Store Facade · Office Building Facade · Exterior Stairwell · Enclosed Ladder · Laddering 14 Burn Residence First Floor · Living Room Scenarios · Stairwell · Balcony · Burn Racks , Kitchen, Bathroom, Garage 15 Burn Residence Second Floor · Moveable Wall Panels · Bedroom, Bathroom Scenarios · Roof Access · Burn Racks 16 Burn Residence Roof · Ventilation Prop · Multi-Facet Roof · Laddering 17 Drafting Pit · Approx. 35,000 gallons · Drafting Practice · Annual Testing of Fire Apparatus · Fire Apparatus Drafts From Both Sides 18 Street System · Emergency Vehicle Driver Training · Realistic Scene Approaches · Functional Hydrants · Controlled Lighting for Night Fire Training · Will Accommodate Trucks 1 and 4 19 Driving Pad · Multi-Use - Driver Training - EMS, Fire, Police - Transportation Training - Police Pursuit - Felony Stop 20 Propane Elements · Propane Tank Fire · Impingement Fire · Car Fire · Pipe Rack Fire · Pipe Rack Leak · Auto Extrication Area · Collapse Prop · Trench Collapse Prop 21 HazMat Area · "Hot" Zone · Decontamination Showers · Treatment Area 22 Vehicle Bay · Vehicle Storage · Equipment Storage · Breathing Air Compressor · Showers/Restrooms · 24 Hour Lab 23 Hogan's Alley/Confined Space PRELIMINARY · Confined Space Rescue Training · Shoot- Don't Shoot Training 24 Substantial Completion August !1 25 Training Capacity · 35 Training Features · 25 Features Can Be Used Simultaneously · 16 hr/day, 7 day/wk Availability (16hrs * 7 days) 25 props - 2,800hrs/wk · 2,800 hrs/wk * 48 weeks -- 134,400 Hours/Year 26 Training Availability · Minimum of 20 Hours/VVeek · No Established Maximum - Must Schedule Training 27 Minimum Established · CE Required- 20 Hours/Year · DMC Agreement Minimum - 20 Hrs * 48 Wks = 960 Hrs/Yr · CCFD Training Needs - 16 Stations * 3 Shifts = 48 Shifts -48 Shifts * 20 Hrs - 960 Hrs/Yr 28 Fire Department will: · Provide water and natural gas to the DMC's training field at no cost · Provide supervision for CCFD training participants · Provide maintenance and repair for DMC's SCBA · Provide maintenance and repair services for pumps on DMC's fire apparatus 29 Fire Department will · Provide vaults, culvert pipes, and manways for the construction of a confined-space training prop · Pay DMC the adjunct faculty hourly rate for a qualified technician · Encourage its staff to participate in the educational activities of DMC · Reimburse DMC for consumables used in fire, EMS, or HazMat training 30 Fire Department will · Reimburse DMC for any damages caused by negligence or misuse · Cooperate with DMC in the future development of the fire training field · Designate at least two CCFD personnel to be trained as technicians to operate fire props on the fire-training field 31 Partners in Service 32 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July '12. 2005 AGENDA ITEM: Resolution authorizing the City Manager to execute an interlocal cooperation agreement with the Nueces River Authority for regional water planning, protection, and development services. ISSUE: On February 8, 2000, the City and the Nueces River Authority (NRA) entered into an "lnterlocal Agreement for Regional Water Planning Services Agreement" to provide regional water planning, protection, and development services for an initial period of February 8, 2000 to July 31, 2000, with the option to extend for up to five additional City fiscal years, subject to annual appropriation. This agreement was further guided by the "Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi." On July 31,2005, the existing Inter-local agreement will lapse. REQUIRED COUNCIL ACTION: Resolution authorizing the City Manager to execute an interlocal cooperation agreement with the NRA for regional water planning, protection, and development services. PREVIOUS COUNCIL ACTION: The City and the NRA have developed both contractual and de-facto partnership arrangements for specific projects in the past, including the Choke Canyon Reservoir project and the Lake Texana to Corpus Christi Water Pipeline project. The City and the NRA have also jointly sponsored several regional water planning studies, have cooperated in efforts to develop a reasonable fresh water inflow operating plan for the Choke Canyon/Lake Corpus Christi reservoir system, and have worked together in numerous initiatives to protect water quality in the Nueces and adjoining coastal basins. These joint planning activities have served to benefit Coastal Bend water interests. On August 25, 1998, the City and the NRA entered into the "lnterlocal Agreement for Regional Water Planning Services" under which the City funded the NRA to provide services associated with the protection and development of regional water resources. This agreement covered the period of September 1, 1998 through August 31, 1999 and compensated the NTA in the amount of $60,000. On February 8, 2000, the City and the NRA entered into an "lnterlocal Agreement for Regional Water Planning Services Agreement" to provide regional water planning, protection, and development services for an initial period of February 8, 2000 to July 31, 2000 with the option to extend for up to five additional City fiscal years, subject to annual appropriation. This agreement was further guided by the "Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi." Under the "lnterlocal Agreement for Regional Water Planning Services Agreement," and further guided by the 'Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi," (see attachment), the Authority will continue working with City staff on: regional and interregional coordination and resource development and protection, monitor, investigate and coordinate water rights, water quality and environmental issues, maintain a regional water management and website, provide outreach and technical services. FUNDING: The Interlocal Agreement for Regional Water Planning Services Agreement, and the accompanying work plan and budget will be funded by the Water Fund #4010, see financial certification page. CONCLUSION AND RECOMMENDATION: Approval of resolution as presented. Ronald F. Massey Assistant City Manager Attachments Inter-Local Agreement Work plan and Budget BACKGROUNDINFORMATION The City and NRA historically have cooperated in projects for the benefit of citizens within their overlapping boundaries, including joint ownership of water rights related to the Choke Canyon Reservoir, the construction of the Mary Rhodes Pipeline from Lake Texana to Corpus Christi, the Garwood water rights acquisition, and other regional water development projects. The City and NRA are presently cooperating in regional water planning activities under Senate Bill 1 through the Interlocal Agreement for Regional Water Planning Activities and are currently engaged in additional cooperative activities, such as the US Army Corps of Engineers Nueces River Basin Feasibility Study. The Interlocal agreement is a continuation of the long term cooperative efforts of the City and NRA to develop and protect water resources in the Nueces River basin and Coastal Bend region, and to enhance current and future regional water planning, protection, and development through the cooperative efforts of the City and NRA. Scope of Services, The specific services to be performed by the NRA and fee schedule for those services are set forth in a separate annual work-plan and budget (see attached Work-plan), which includes: · Regional and interregional coordination and resource development and protection. · Monitor, investigate and coordinate water rights, water quality and environmental issues. · Regional water management database and website · Outreach and other services NRA wilI meet with representatives of the City each year prior to the initiation of the City's budget preparation process to develop a specific work plan and budget for the upcoming fiscal year. The annual work plan and budget, as approved by the City Council during the budget process, will establish payments by the City to NRA for that year. The NRA will report its activities under this Agreement to the City's Director of Water Operations through monthly briefings and written quarterly reports. NRA shall provide written reports and oral presentation on activities under this Agreement to the City Council as requested. NRA will provide administrative services necessary to coordinate this Agreement. RESOLUTION AUTHORIZJNG THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WrrHTHE NUECES RIVER AUTHORITY FOR REGIONAL WATER PLANNING, PROTECTION, AND DEVELOPMENT SERV~ES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an intedocal cooperation agreement with the Nueces River Authority for regional water planning, protection, and development services. SECTION 2. The City Manager is authorized Io make editorial and non-substantive modifications and execute amendments to the intedocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. Al-rEST: THE CI'I'Y OF CORPUS CHRISTI ,N'rnando Chapa City Secretary APPROVED: 27~ day of June, 2005. For City Attorney Henry Garrett Mayor RS380,481 .dec 1 Corpus Chdsti, Texas of ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. KJnnison John Marez Jesse Noyola R53804B 1 doc 2 INTERLOCAL AGREEMENT FOR REGIONAL WATER PLANNING, PROTECTION, AND DEVELOPMENT SERVICES This Intedocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City"), a Texas home rule municipal corporation, and the Nueces River Authority ("NRA"), a conservation and reclamation distdct created pursuant to Article XVI, Section 59 of the Texas Constitution. and the laws of Texas, particularly Water Code Auxiliary Laws, Article 8280-115, as amended. WHEREAS, the City and NRA have historically cooperated in projects for the benefit of citizens within their overlapping boundaries, including joint ownership of water dghts related to the Choke Canyon Reservoir, the construction of the Mary Rhodes Pipeline from Lake Texana to Corpus Chdsti, lhe Garwood water rights acquisition and other regional water development projects; and WHEREAS, the City and NRA are presently cooperating in regional water planning activities under Senate Bill 1 through the Inledocal Agreement for Regional Water Planning Activities; and WHEREAS, the City and NRA wish to engage in the additional cooperative activities. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their goveming bodies, hereby agree as follows: I. Purpose. The purpose of this Agreement is to ensure the continuation of the long term cooperative efforts of the City and NRA to develop and protect water resources in the Nueces River basin and Coastal Bend region, and to enhance current and future regional water planning, protection, and development through the cooperative efforts of the City and NRA. 2. Scope of Services. a. The specific services to be performed by the NRA and fee schedule for those services are set forth in a separate annual workplan and budget. b. NRA shall meet with representatives of the City each year pdor to the initiation of the City's budget preparation process to develop a specific work plan and budget for the upcoming fiscal year. The annual work plan and budget, as approved by the City Council dudng the budget process, shall establish payments by the City to NRA for that year. c. NRA shall report its activities under this Agreement to the City's Director of Water Operations through monthly briefings and wdtten quarterly reports. NRA shall provide written reports and oral presentation on activities under this Agreement to the City Council as requested. R53804A3.6,~c 3. Other Agreements, Supplementary Agreements, and Protocols. The Parties are encouraged to enter into additional agreements and protocols governing regional water planning, protection, and development services. 4. Implementation. The City Manager and Executive Director are authorized and directed to take all steps necessary or convenient to implement this Agreement and the annual workplan and budget. They shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Party of its participation in this Agreement by furnishing an executed odginal of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Adminislrative Services. NRA agrees to provide adminis~ative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. E~pending Funds. Each Party that performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 9. Term of Agreement. a. This Agreement becomes effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, the term of this Agreement is for one year, and shall be automatically renewed annually, unless any party withdraws its participation by giving wdtten notice to the other party at least sixty days before the end of each annual term. 10 Oral and Written Agreements, All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed pdor to the execution of this Agreement, have been reduced to wdting and are contained in this Agreement. 11 Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all pdor agreements between the parties, whether written or oral, relating to the subject of this agreement. 12 /nterlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Intedocal Cooperation Act, Chapter 791, Texas Government Code. R53804A3,d,e; 2 13 Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 14r Validity and Enforceab#ity. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bdng this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 15 Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 16. Immunity not WaNed. Nothing in this Agreerr~nt is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execuUon of this Agreement and the performance of the covenants contained in this Agreement. 17. Civil Liability to Thi'd Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. 18. No Liability of Parties to One Another. One Pady may not be responsible and is not dvilly liable to the other Party. Each Pady to this Agreement waives all claims against the other Party to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. 19 Notices. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Chdsti Attn: City Manager P.O. Box 9277 Corpus Chdsti, Texas 78469-9277 Nueces River Authority Attn: Executive Director P.O. Box 349 Uvaide, Texas 78802-0349 20 Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. R53804A3,doc 3 b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. c. The govemi,qg bodies may, but are not required to, specifically approve the adoption of the annual workplan and budget. 2'/ Capfions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 22. Governing Law and Venue, This Agreement shall be governed by the laws of the State of Texas. Venue for an action adsing under this Agreement shall be under the Texas Rules of Civil Procedure. RS.3804A3 dc, u 4 PARTICIPATION NOTICE I hereby notify the Parties that City of Corpus Chdsti has approved partidpation in the Intedocal Agreement for Regional Water Planning, Protection, and Development Services, by lawful ac'don of its governing body, a true copy of which is attached and incorporated in this Agreement, George K. Noe Date City Manager Attest: Approved as to form: Armando Chapa City Secretary For City Attomey R53804A3.dc~ 5 FY 2006 Work Plan and Budget Water Planning, Protection, Development, and Data Management Services Provided by Nueces River Authority to City of Corpus Christi During the Period of August 1, 2005 through July 31, 2006 FY 2006 Work Plan All NRA services will be provided un a best effort basis within the scope of work and budget provided, herein Regional and lnter-revional Coordination and Resource Develol}ment and Protection N1LA staff will monitor regional and inter-regional water resource issues and keep the Ctty informed on matters that may affect the City's water supplies or conveyance facilities. NRA will with prior approval from the City and before discussion with other agenctes, attend meetings as appropriate with other water promders and users throughout the South Texas area to assess and promote opportunities to enhance the City's water supplies and derive economic benefits from its investments in water purchases, water rights and water conveyance facilities within guidelines and direction established by City staff. Such services will include actively developing ideas for consideration by City staffto enhance these water supplies and economic benefits NRA. will assist City staff in establishing a long-term plan to provide a dependable, affordable water supply for the City's service area~ Activities will include, with City staff concurrence and direction, interacting with state and federal agencies, elected officials, and environmental interests. NILA will monitor legislative changes and administrative rulemakings that could affect the City's water resources, provide timely advice to the City concerning same, and assist in providing information on these issues to legislators and other key officials. These services Will be provided in close consultation with the City's staff and outside legal counsel. NRA will assist in securing state funds and support for developing a desalination facility and other water supply projects at Corpus Christi. · NRA will facilitate the U. S. Army Corps of Engineers Nueces Basin Feasibility Study. NRA will monitor and support thc City in evaluating and responding to existing and proposed Edwards Aquifer recharge structures · NRA will monitor watel inarketing proposals in the region. NRA will mouitor groundwater district planning as it may irupact on the City's and NRA's snr/ace water rights m the Nncces Basra. · Selection and use ofcousLdtants will be coordinated with and agreed upon by the City and NIP, ak. Monitor, lnvesti~.ate and ( oordinate Water Rights, Water Quality and Environmental Issues NRA will assist the City in monitoring, investigating and coordinating activities on environmental issues related to watershed protection such as drinking water source protection, freshwater inflows for bays and estuaries, and opportunities for beneficial re-use of wastewater effluents. NRA staffwill assist the City in protecting City and NRA water rights by fo~rarding to the City any public notices it receives regarding applications for new or amended water rights permits. Regional Water Manat, ement Database and Website NRA. will continue to: Host a website and provide support for Choke Canyon/Lake Corpus Christi Reservoir System Daily Pass-Thru Smms Report http://www.nueces-ra.org/ccwater/l>assthru.html; maintain the Choke Canyon/Lake Corpus Christi Reservoir System Daily and Monthly Statistics database and WebPages htt~://www.nueces-ra.org/davform.html; and maintain the Choke Canyon/Lake Corpus Christi Reservoir System, Mary Rhodes Memorial Pipeline, water usages summa-nes htt~://www.nuece s -ra .or v. fWRl/summarv'li s t.htrrd Maintain an online wastewater facility and discharge database, and from that, create the Effluent Monitoring Report in August for the prewous calendar year. · Maintain the Valero Discharge Database and provide reports. Provide technical assistance with web applications to provide information on the City's water system to the City's customers and the public. · Provide technical assistance with website design, modification, and implementation. Meet with City staff to determine water resource information the City wants NRA to maintain Possible tasks include: o Tracking freshwater use, water treatment, and distribution system losses using data provided to NRA by the City. o Creating and maintaining a wcbsitc v~ith flood rcfcrcncc information. o Creating and maintaining a database for Nueces Basin water rights permit information using information provided by TCEQ and thc City. (See Other Services) o Creating and maintaining an online bibliography oF water-related documents relevant to the Nueces and adjoining coastal basins. Information will include where and how to obtain the documents. Note: All web-based work will be coordinated with the City's Water and E-Government Departments, to ensure content or links are appropriate and comply with city policies. Outreach · Give presentations on water issues relevant to thc Nucccs and adjoining coastal basins. 3 Other Services In addition to the basic sei~,'iccs described, above, NRA wall provide the following additional services, if requested by the City: Meet with City Planning and Water staff to determine what GIS products are desired by thc City and develop those products subject to having fmc, or minimal cost, access to the appropriate databases. Provide water related GIS layers, updating as necessary, to the City for use on the City GIS system. Provide basin map with (ils coverage of all water rights permits and USGS stream flow monitoring stations. · lmprove Nueces River GIS mapping between Lake Corpus Christi and the saltwater barrier. The Budget for this work is to be deterrmned in consultation with thc City. The project will be designed using City specifications and developed using software compatible with the City's current GIS system The City may cancel this work at any time All work will stop, and be deemed completed, if the finally approved budget is reached unless the City chooses to amend the budget and extend the work. Rel~ortin£ NRA will provide a summary of all work performed with each invoice. FY 2006 Monthly Budget for Basic Services Monthly Budget $ 7,500 h~cludes salartes, fringe benefits, overhead, equipment, supplies and computer use, and travel. BiHinR and Payment NRA will invoice the City for its "Basic Services" on a quarterly basis, at the fixed rate of $7,500 per month. NRA's expenses related to "Other Services", except for subcontractor fees, will be added to each quarterly invoice. Subcontractor fees, if any, will be invoiced, monthly. Payment is due upon receipt of an invoice. Payments should be made to: Nueces River Authority P t) Box 349 Uvalde, Texas 78802-0349 Effective Date: This Work Plan and Budget is retroactively effbctive August 1,2005. 4 Approvals Approval by NRA: This FY 2006 work plan and budget is acceptable to NRA and is hereby approved under terms of the lnterl~al Agreement be~veen thc City and the NRA (Resolution Number 53804). Con Mires Date Excculive Director Approval by the City: q3qis FY 2006 work plan and budget is acceptable to the City and is hereby approved under temps of the lnterlocal Agreement between the City and NRA (Resolution Number 53804) George K. Noe City Manager Date Ron Mazsey Assistant City Manager for Public Works and Public Utilities Date Eduardo Garafia, P.E. Director, Water Department Date Mary Kay Fischer City Attorney Date 28 CITY COUNCIL AGENDA MEMORANDUM July 12, 2005 AGENDA ITEM: Resolution of the City of Corpus Christi, Texas authorizing intervention in AEP Texas Central Company's true-up proceeding filed at the Public Utility Commission of Texas, authorizing the joining with other intervening cities to coordinate efforts to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking costs ISSUE: In May 2005, AEP Texas Central Company filed an application at the Public Utility Commission of Texas to finalize stranded costs of $2.4 billion. Stranded costs are the difference between the market and book value of a utility's generating units. AEP Texas Central Company is in the process of selling its share of the South Texas Nuclear Project and its other generation assets. The Public Utility Regulatory Act requires electric utilities to file application with the PUC to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable rates of the company. If approved, the average residential customer's bill will increase $9 per month for 15 years. It is important for cities to participate in this proceeding to ensure that customers are not overcharged. The Steering Committee of Cities has recommended intervention in this matter. A Resolution is attached for that purpose. The cities will be represented by the affomeys of the Lloyd Gosselink Blevins Rochelle & Townsend law firm, who are recommended for their experience in electdc utility matters. REQUIRED COUNCIL ACTION: Approval of the Resolution CONCLUSION AND RECOMMENDATION: That the Resolution be adopted. Oscar Martinez Assistant City Manager City Attorney RESOLUTION RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING INTERVENTION IN AEP TEXAS CENTRAL COMPANY'S TRUE-UP PROCEEDING TO BE FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO COORDINATE EFFORTS TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS WHEREAS, the City of Corpus Christi is a regulatory authority under the Public Utility Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of AEP Texas Central Company ("TCC") within the municipal boundaries of the city; and WHEREAS, TCC is required by PUPA § 39.262 to file an application with the Public Utility Commission (PUC) to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of TCC and TCC filed such a case in May, 2005; WHEREAS, PURA 39.262(j) sets a statutory deadline of 150 days from the date of TCC's application to the issuance of a PUC Final Order and the City will be served by investigating issues impacting TCC's stranded cost calculation as soon as possible and participating in settlement discussions, if any, that may precede the filing of the application; WHEREAS, TCC has reported in excess of $2.0 billion in stranded costs and the final stranded cost calculation is expected to substantially increase the electric bill of TCC's customers including the City; WHEREAS, pursuant to PUPA §33.025, the City of Corpus Christi has standing to intervene in PUC proceedings relating to the provision of electric service to the City; WHEREAS, the interests of the City of Corpus Christi and the electric customers residing within municipal boundaries can be protected most effectively by coordinating with other cities served by TCC; and WHEREAS, the Steering Committee of Cities has recommended intervention of Cities in TCC's stranded cost proceeding. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City is authorized to intervene in TCC's application to be filed with the Public Utility Commission (PUC) to finalize stranded costs and to apply the final stranded cost determination to the nonbypassable delivery rates of TCC. Section 2. The City is authorized to join other cities served by TCC to protect the interests of the City of Corpus Christi and protect the interests of TCC's customers residing and conducting business within municipal limits. Section 3 Subject to the right to terminate employment at any time, the City of Corpus Christi hereby authorizes the hiring of Geoffrey Gay and Steven Porter of the law firm of Lloyd Gosselink Blevins Rochelle & Townsend, and qualified consultants and witnesses as may be necessary [o review TCC's filings, to represent the City of Corpus Christi at the PUC to participate in any and all settlement discussions that may precede or occur after the Company makes its filing and to prosecute any appeals as directed by the Steering Committee Section 4. Fees and expenses incurred by the City of Corpus Christi in TCC ratemaking matters related to these proceedings shall be promptly reimbursed by TCC pursuant to the Public Utility Regulatory Act. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 1,2005 Lisa Aguilar/ ) Assistant Cib?/Attorney For City Attorney Henry Garrett Mayor 29 AGENDA MEMORANDUM July 12, 2005 TO: Honorable Mayor and Council Members THROUGH: George K. Noe, City Manager THROUGH: Ronald F. Massey, Assistant City Manager FROM: 'Angel R. Escobar, P.E., Director of Engineering Services During the Council meeting of June 21, 2005~ Council tabled the ordinances to restrict parking until July 12, 2005. The motion also directed the Engineering Department to extend negotiations with Mr. Joe McComb. Staff developed possible alternatives to address the access issue with particular attention to those alternatives that did not present a traffic hazard. A meeting with Joe McComb took place at his warehouse to determine which alternatives could be acceptable to him, Mr. McComb agreed that four alternatives could satisfactorily address his access concerns. Additional time is required to cost out each alternative and to achieve a mutually agreed solution. Staff requests the ordinances to prohibit parking be tabled to allow time to complete negotiations. scobar, P. E. 'Director of Engineering Services H :~-IOM E~L~VI N S\GEN~STRE ETS~P a rkin g~'Mem o doc AGENDA MEMORANDUM July 12, 2005 AGENDA ITEMS: a. Motion to table an Ordinance Amending the Code of Ordinances, Chapter 53 Traffic, Section 252, Schedule II1, Parking Prohibited at All Times on Certain Streets, by Prohibiting Parking on the following Street Sections: 3. 4. 5. 6. Port Avenue, North Side, from North Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37 Motion to table an Ordinance Amending the Code of Ordinances, Chapter 53 Traffic, Section 252, Schedule IV, Stopping, Standing, or Parking Prohibited at Certain Hours on Certain Streets, by Prohibiting Parking between 5:30 P.M. and 2:00 A.M. on the following Street Sections: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Pod Avenue, north side, from Sam Rankin Street to a point 522 east. ISSUE: Staff met with Joe McComb at his warehouse. It was determined that four alternatives could address his access concerns Additional time is required to cost out each alternative and to achieve a mutually agreed solution. RECOMMENDATION: Approval of the motion as presented. / Ant'61 I~. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Location Map H:~HOME~KEVINS\GEN~TREETS~Parking\^Memo doc CITY COUNCIL AGENDA MEMORANDUM DATE: June 21, 2005 SUBJECT: Parking Restrictions AGENDA ITEM: A. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-;'52, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS~ BY PROHIBITING PARKING ON THE FOLLOWING STREET SECTIONS: 1. E. Port Avenue, nodh side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, [rom N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Pod Avenue to Brewster Street. 3. Brews[er Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. B. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-253, SCHEDULE IV, STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET SECTIONS: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, nodh side, from Sam Rankin Street to a point 522 feet east. ISSUE: Establish no parking restrictions along the designated streets to increase the safe and expedient ingress and egress of vehicular traffic. REQUIRED COUNCIL ACTION: Roadside-parking restrictions for distances exceeding a continuous distance 1500 feet require City Council approval. RECOMMENDATION: Approval of the proposed ordinance as aresented. / Escobar, P.E. or of Engineering Services ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background Information 2. Exhibit B - Site Map AGENDA MEMORANDUM Additional Background Information BACKGROUND: City staff in conjunction with management officials from American Bank Center, Concrete Street Amphitheater, Port of Corpus Christi and Whataburger Field have developed a comprehensive traffic control plan to minimize traffic congestion and traffic hazards for the traveling public attending the multitude of organized events within the area North of I H 37. As part of the overall traffic control planning process no parking restrictions will be established on East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua, North Mesquite Street and North Chaparral Street (Exhibit 1). 1. E. Port Avenue, North side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; South side, from N. Mesquite Street to Sam Rankin Street. (No Parking) 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. (No Parking) 3. E. Hirsch Street, both sides, from N. Mesquite to N. Chaparral. (No Parking) 4. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. (No Parking) 5. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. (No Parking) 6. N. Chaparral Street, both sides from Harbor Drive to I. H. 37. (No Parking) 7. N. Mesquite Street, both sides from Harbor Drive to I. H. 37. (No Parking, 5:30 P.M. to 2:00 A.M.) 8. E. Pod Avenue, North side, from Sam Rankin to a point 522 feet east. (No Parking, 5:30 P.M. to 2:00 A.M.) These streets are key entrance and exit routes for the traffic going to and from the event sites located within this area. Roadside parking along these routes has an adverse impact on traffic flow, pedestrian safety and emergency vehicle response. A total of 109 notification letters were sent out to all property owners adjacent to the street right of ways in question informing them of the Traffic Advisory Committee meeting and the Public Hearing that was held on May 23, 2005 with reference to the proposed parking restrictions. Ms. Beverly Randolph, of 1319 Chaparral, was the only resident who attended the public hearing to say she would be affected by the proposed parking restrictions. EXHIBrF "A' Pa~e 1 of 2 Ms Randolph would loose one parking space in front of her home as a result of the proposed parking restrictions. She has off street parking for three vehicles in her parking garage and driveway. Mr Joe McComb has a warehouse on the corner of Tancahua and Power Street that he says will be adversely affected by the parking restrictions. Although he did not attend the public hearing, Staff did meet with him to discuss his concerns. Mr. McComb would loose parking along the Tancahua side of his warehouse. His building has access on Power Street where he has a driveway and large sliding doors to access the building. Staff does not recommend his building have driveway access along Tancahua because the building is to close to the property line on that side. Traffic Advisory Committee Recommendation. The Traffic Advisory Committee voted unanimously in favor of the proposed parking restrictions. Impact of Parkinq Restriction on Abuttinq Properties: The proposed parking restrictions have not caused any appreciable negative impact on abutting properties. Temporary no parking restrictions have been in effect since April 23, 2005 and we have not received any known complaints. The temporary parking restrictions have had a substantial positive impact on traffic flow in and out of the area. We have done drive by surveys of the streets under consideration at different times of day for the last two weeks and have not observed any problems that can not be accommodated with side street parking and existing off-street parking. Justification for Full Time Parking Restrictions: Because minimal roadside parking has been observed on East Port Avenue, Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua and Nodh Chaparral Street, Staff acknowledges that the majority of roadside parking that would occur on these streets would be from traffic generated by events at the Whataburger Field, Heritage Park, American Bank Center or the Concrete Street Amphitheater. A full time (signed) parking restriction would eliminate the need for a more costly installation of parking restriction signs if the restrictions were implemented only for during events. The parking restriction would be supplemented with a "tow-a- way" zone. Justification for Limited Parkinq Restrictions:, Because of existing businesses, apartments and homes Staff is proposing to limit no parking restrictions along North Mesquite Street from 5:30 P.M. to 2:00 A.M. This will be sufficient to accommodate expected traffic generated by the venues along these corridors. Most of the events will take place after the hours of 5:30 P.M. and before 2:00 a.m. Action: Staff respectfully request approval of the No Parking restrictions as presented. EXH~BZT "A' Page 2 of 2 EXHIBJ-I': 'B' SUB.1ECT: PROPOSED PARKING RESTRICTIONS - AREA MAP - Tmlfl¢ Englneerlr~ Div. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY PROHIBITING PARKING ON THE FOLLOWING STREET SECTIONS: 1. E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin StreeL 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral StreeL 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. PROVIDING FOR PENALTIES;PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53-Traffic, Section 53-252, Schedule Ill, Parking prohibited at all times on certain streets, by prohibiting parking on the following street sections: 1. E. Port Avenue, north side, from N. Mesquite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street. 2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street. 3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. 4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. H:\LEG-DIRLloseph\Ord-Tff-NoPk-Port.doc 5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. 6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-252. Schedule III- Parking prohibited at all times on certain streets. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street. E. Port Avenue, north side, from N. MesQuite Street to a point 522 feet east of Sam Rankin Street; south side, from N. Mes(~uite Street to Sam Rankin Street. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181. Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that H 5LEG-DIRXJoseph\Ord-Trf-NoPk-Port.doc every section, paragraph, subdivision, clause, phrase, word or prevision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form J-,-.~ (~' ,2005. By: Joseph Ha'~yey Assistant City Attorney For City Attorney H:\LEG-D1R~Joseph\Ord-Trf-N oPk-Port.doc Corpus Christi, Texas .day of ,2005 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 requinng 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 C~ Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:~LEG-DIR~Joseph\Ord-Tr f-NoPk-Port.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53- TRAFFIC, SECTION 53-253, SCHEDULE IV, STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET SECTIONS: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. PROVIDING FOR PENALTIES;PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICA~ON; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 53-Traffic, Section 53-253, Schedule IV, Stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-253. Schedule IV- Stopping, standing or parking prohibited during certain houm on certain streets. Name of Street Hours Stopping, Standing or Parking Prohibited H:LLEG-DIRLIoseph\Ord-Tr f-N oPk-Port2.doc N. Mesuite Street, both sides, from U.S. 181 to I.H. 37 E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. Between 5:30 p.m. and2:00 a.m. Between 5:30 p.m. and 2:00 a.m. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 4. Penalties are as provided in Sec 53-55 Code of Ordinances. SECTION 5. That upon written request of the Mayor or five council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 21st day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor H:~LEG-DlRUoseph\Ord-Trf-NoPk-Port2.doc Approved as to legal form ,.J >^~ /j~ ,2005 Joseph Assistant City Attorney For City Attorney H:~LEG-D1RXJoseph\Ord-Tr f-NoPk-Port2.doc Corpus Christi, Texas .day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For [he 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:~LEG-DIR~Joseph\Ord-Trf-N oPk-Port2.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER $3- TRAFFIC, SECTION 53-253, SCHEDULE IV, STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET SECTIONS: 1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Chdsti is amended by amending Chapter 53-Traffic, Section 53-253, Schedule IV, Stopping, standing, or parking prohibited during certain hours on certain streets, by prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections: 1 N. Mesquite Street, both sides, from U.S_ 181 to I.H. 37. 2. E. Port Avenue, north side, from Sam Rankin Street to a point 522 feet east. CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-253. Schedule IV- Stopping, standing or parking prohibited during certain hours on certain streets. Name of Street Hours Stopping, Standing or Parking Prohibited H:LLEG-DIR~Joseph~Ord-Tr f-N oPk-Porl2.doc