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HomeMy WebLinkAboutAgenda Packet City Council - 02/14/2006 CITY COUNCIL AGENDA FEBRUARY 14,2006 Corpus Christi U-blerica CiIV 11 A5 A.M. - Proclamation declaring February 14,2006 as "I Love My Corpus Christi Day" Proclamation declaring the week of February 12-18.2006 as "National Lulac Week" Proclamation declaring the week of February 19-25, 2006 as "National Engineers Week" Proclamation declaring the month of February as "The 1 09lh Anniversary of the Founding of the National PTA" Proclamation declaring the month of February as "National African American History Month" Ceremonial Swearing-in for the Corpus Christi Black Chamber of Commerce Officers AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 14, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED 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 information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un inter prete ingles-espanol en todas las juntas del ConciNo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) 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 Deacon Adelfino Palacios, Jr., Corpus Christi Cathedral. 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 T em Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting February 14. 2006 Page 2 E. MINUTES: Approval of Regular Meetings of January 17. 2006 and January 31,2006. (Attachment # 1) F BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 * Coastal Bend Council of Governments Commission on Children and Youth Committee for Persons with Disabilities Park and Recreation Advisory Committee Weed and Seed Steering Committee * * * * G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 14. 2006 Page 3 3 Motion approving a supply agreement for approximately 118,000 pounds of drop-on type glass spheres, in accordance with Bid Invitation No. BI-0070-06 from Swarco Reflex, Inc., of Mexia, Texas, based on low bid for an estimated annual expenditure of $31,388. This item will be used by Street Services. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using department in FY 2005-2006. (Attachment # 3) 4. a. Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $10,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime pay within the Police Department and to execute all related documents. (Attachment # 4) 4.b. Ordinance appropriating $10,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in NO.1 061 Police Grants Fund. (Attachment # 4) 5.a. Resolution authorizing the City Manageror his designee to accept a grant from the Texas Parks and Wildlife Department in the amountof$69,000 in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head, with $23,000 match from the No. 3233 Marina Development Capital Improvement Program Fund. (Attachment # 5) 5.b. Ordinance appropriating a $69,000 grant from the Texas Parks and Wildlife Department in the NO.1 058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T-Head grant. (Attachment # 5) 6. Ordinance transferring $3,000 from the NO.1 020 General Fund Account No. 202965 to Account No. 13700; and appropriating the $3.000 to pay expenses for "Celebrate Texas 2006". (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ Agenda Regular Council Meeting February 14, 2006 Page 4 7 Motion authorizing the City Manager or his designee to reallocate Community Development Block Grant Program funds from the FY2004 Corpus Christi Police Athletic League T. C. Ayers project to the FY2005 Corpus Christi Police Athletic League Ben Garza Project. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment NO.6 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $866.302 for a total re-stated fee of $3,940,767 for the Water System Interactive Hydraulic Model and Analysis to include the City-wide Water Distribution Master Plan Update. (Attachment # 8) 9 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to increase the Advanced Funding Agreement with the Texas Department of Transportation in the amount of $28,864.57 for the Cefe F. Valenzuela Landfill F.M. 70 Drainage Culverts. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Change Order NO.2 to the construction contract with Zimmerman Construction, of Burnet, Texas in the amount of $32,051 for the Senior Center Improvements Project (CDBG). (Attachment # 10) 11 Motion approving the temporary closure of Mann Street from Water Street to Shoreline Drive. beginning at 12 midnight, July 14, 2007 through 5:00 p.m. on July 18, 2007 and waiving the associated occupancy fees of Section 53-195 and requirements of Subsections 49-17 (a) and (b), for the 2007 Texas Pecan Growers Annual Conference and Trade Show due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver in accordance with Section 49-17 ( r ) of the Code of Ordinances. (Attachment # 11) 12. Motion authorizing payment to American Electric Power in the amount of $148,000 street light installation on Spur 3 between Nile Drive and Ocean Drive. (Attachment # 12) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ t Agenda Regular Council Meeting February 14. 2006 Page 5 13 Motion authorizing the City Manager to execute a Deferment Agreement with Value Place LLC, (Developer), in the amount of $135.941.70 for public improvements including water, wastewater, paving, and drainage improvements required to plat Value Place Subdivision, located north of SH 358 (South Padre Island Drive) and west of Friendship Drive at West Point Road, in accordance with the Platting Ordinance Section V-Required Improvements. Subsection A.3(b). (Attachment # 13) 14 Ordinance appropriating $2,700,000 from the Federal Aviation Administration Grant No. 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Phase II; Runway 17/35 Shoulders and Blast Pads; Airport Drainage Improvements Phase IV; Terminal Apron at Corpus Christi International Airport. (Attachment # 14) 15. Second Reading Ordinance - Waiving the 60-day waiting period and publication of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike Zepeda Park. (First Reading 01/31/06) (Attachment # 15) 16. Second Reading Ordinance - Authorizing the City Manager or his designee to execute Supplemental Agreement No.1 to Federal Aviation Administration Lease No. DTFA07-04-L-00560 eliminating all references to the Visual Approach Slope Indicator (V ASI) and add ing 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17. (First Reading 01/31/06) (Attachment # 16) 17 Second Reading Ordinance - Authorizing the City Manager or his designee to execute Supplemental Agreement NO.1 to Federal Aviation Administration Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the PAPI serving Runway 31. (First Reading 01/31/06) (Attachment # 17) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ ~ Agenda Regular Council Meeting February 14, 2006 Page 6 I. PUBLIC HEARINGS: 18.a. Public hearing to consider abandoning and vacating a 7,215- square foot portion of the Eden Lane public right-of-way, out of Lot 3.Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way and north of IH 37. (Attachment # 18) 18.b. First Reading Ordinance - Abandoning and vacating a 7,215- square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way and north of IH 37; subject to compliance with the specified conditions. (Attachment # 18) 19.a. Public hearing in connection with the issuance by the Colorado Educational and Cultural Facilities Authority of its tax exempt obligation for the benefit of the Educational Media Foundation in the aggregate principal amount of approximately $16,500,000. (Attachment # 19) 19.b. Resolution of the City of Corpus Christi, Texas approving the issuance of tax exempt obligation by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation as required by Section 147 (f) of the Internal Revenue Code of 1986, as amended. (Attachment # 19) ZONING CASES: 20. Case No. 0106-01. AI Development. Inc. : A change of zoning from a "F-R" Farm Rural District to a "R-1 B" One-family Dwelling District. The property is 47.87 acres out of Lots 3-6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road along future Lipes Boulevard. (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of a "R-1 B" One-family Dwelling District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 14, 2006 Page 7 ORDI NANCE Amending the Zoning Ordinance, upon application by AI Development, Inc., by changing the zoning map in reference to 47.87 acres out of Lots 3 through 6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 21 Resolution authorizing the City Manager or his designee to accept a grant from the Morris L. Lichtenstein Jr. Foundation in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to execute an agreement with the Foundation for that purpose. (Attachment # 21 ) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 22. Results of 2005 Citizen Satisfaction Survey, Dr. Daniel J. Jorgensen (Attachment # 22) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS 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 A T 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 ingles es /imitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 14, 2006 Page 8 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 A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 23 CITY MANAGER'S REPORT * Upcoming Items 24 MAYOR'S UPDATE 25. COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 14. 2006 Page 9 O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall. 1201 Leopard Street, at ,;)' 3'0 p.m., February 10. 2006. ~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Meeting January 17, 2006 -10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott Citv Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend E. F. Bennett and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 10, 2006. A motion was made, seconded, and passed to approve the minutes as presented * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2-10). Mr. Abel Alonzo, 1701 Thames, requested that Item 5 be pulled for individual consideration. Council members requested that Items 3 and 7 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 2 through 10. constituting the consent agenda, except for Items 3, 5, and 7, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2006-005 Motion approving the purchase of one truck mounted excavator from Waukesha Pearce Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI-0074-06, based on only bid for the total amount of $248,840. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 17, 2006 - Page 2 4. RESOLUTION NO. 026606 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO-OP). an outdoor recreation program for youth participating in the City's summer program. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6 MOTION NO. 2006-007 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley, of Corpus Christi, Texas in the amount of $390.700 subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J. C. Elliott Landfill. The foregoing motion was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8. MOTION NO. 2006-009 Motion authorizing the City Manager to execute a Deferment Agreement with Peacock Properties, (Developer), in the amount of $74.578.90 for the installation of 1.242 linear feet of off-site, 8-inch PVC sanitary sewer collection line to serve Chris-Rae Addition. Block 1, Lots 6 and 7, located south of SH 358 (South Padre Island Drive) and west of Rodd Field Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9_ MOTION NO. 2006-010 Motion approving the Developer/Owner Agreement with Brighton Park Baptist Church, developer of Brighton Park Baptist Church Lot 1, Subdivision, located south of Brooke Road and east of Airline Road to secure the construction of an a-inch and 12-inch water line infrastructure requirement. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 17, 2006 - Page 3 10. ORDINANCE NO. 026609 Amending the Corpus Christi Code of Ordinances, Chapter 57. Vehicles for Hire, Section 57 -254. Maximum Auto Wrecker Service and Storage fees, providing for fee increases. changing the term "preservation fee" to "impoundment fee" and using "longer that 25 feet" as a trigger to charge large vehicle daily storage fees; all changes of which conform to controlling state law; and providing for penalties. (First Reading 01/10/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez. Noyola, and Scott. voting "Aye" Mayor Garrett opened discussion on Item 5 regarding a grant to cover administrative expenses for the Regional Health Awareness Board. Mr. Abel Alonzo, 1701 Thames, thanked the Port of Corpus Christi for contributing the grant funding, and he asked for the Council's approval. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 026607 Resolution authorizing the City Manager or his designee on behalf of the Regional Health Awareness Board, to accept a grant from Port Industries of Corpus Christi in the amount of $26,250 for administrative expenses related to operation of the Board. The foregoing resolution was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5.b. ORDINANCE NO. 026608 Ordinance appropriating a grant on behalf of the Regional Health Awareness Board in the amount of $26,250 from Port Industries of Corpus Christi in the No. 1066 Health Grants Fund for administrative expenses related to operation of the Board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". Mayor Garrett opened discussion on Item 3 regarding supply agreements for a variety of canned and frozen goods for the Senior Community Services' meal program. Mr. Noyola noted that LaBatt Food Service and PFG. the two companies that were awarded the bids, appeared to have bid for the same items. He asked why one company wasn't awarded the total bid. Mr. Mike Barrera, procurement and general services manager, replied that six or seven companies bid for the items, and the city was required by law to award to the lowest bidder. Consequently, staff could not recommend award to one company. He explained that the bid tab had approximately 200 lines, with each category of canned or frozen goods divided into many subcategories. The canned fruit category, for example, was comprised of many subcategories, such as canned pears, canned peaches). Subsequently LaBatt Food Service may have been awarded some of the items in the subcategories, while PFG was awarded others; thus, they were not awarded the same items. City Secretary Chapa polled the Council for their votes as follows. Minutes - Regular Council Meeting January 17, 2006 - Page 4 3 MOTION NO. 2006-006 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-06-1 for food items which include canned and frozen fruit and vegetables. meats and condiments for an estimated six-month expenditure of $100,959.33. The terms of the contracts shall be for six months with an option to extend for up to three additional months. subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been requested by Senior Community Services in FY 2005-2006. LaBatt Food Service Corpus Christi. TX 131 Items $46,295.78 PFG Victoria, TX 85 Items $54.663.55 Grand Total: $100,959.33 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott. voting "Aye". Mayor Garrett opened discussion on Item 7 regarding the Corpus Christi Ship Channel Water and Wastewater Utility Crossing project. Mr. Kelly commented that as the city searched for a new wastewater treatment facility site, the Hillcrest neighborhood was requesting that the city consider sites that were north of the channel. If the Council decided on a site north of the channel, he felt the city could save money by consolidating the channel dredging with a wastewater treatment facility moving water from south to north. He asked if this was a possible option. City Engineer Angel Escobar replied negatively. explaining that the purpose of the ship channel project was to increase the channel depth to accommodate the future dredging; to install two wastewater lines moving wastewater from north to south; and to install two new water lines. The size of the directional boring in the ship channel project would be insufficient for wastewater lines moving water from south to north, which required two 30-inch diameter lines. Mr. Kelly asked if the city decided to build north of the channel. would there be a need to bring wastewater from the North Beach area to the south. Mr. Escobar answered affirmatively, but pointed out that the existing lift station on Resaca and Sam Rankin could pump the water to the treatment plant for that area more efficiently. City Secretary Chapa polled the Council for their votes as follows: 7 MOTION NO. 2006-008 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contract with Akerman Construction, of Purcell, Oklahoma in the amount of $139,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing Project Base Bid One for the relocation of the entry point. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye". * * * * * * * * * * * * * Mayor Garrett deviated from the agenda, and opened discussion on Item 16 regarding flexible-fuel plug-in hybrid vehicles. Mr. Juan Garza, general manager for Austin Energy, Minutes - Regular Council Meeting January 17,2006 - Page 5 briefed the Council on a City of Austin initiative encouraging automobile manufacturers to produce and sell flexible-fuel plug-in hybrid vehicles to fleet operators and the public. The so- called Austin initiative was being launched next week in Washington, D.C. Mr. Garza discussed the importance of alternative-fuel vehicles as transportation options because of economic, environmental, and national security concerns. He said electricity seemed to be the most viable alternative to petroleum that was currently available,. The cost of a "gallon" of electricity, for example, was approximately 25 cents, compared with $2.50 per gallon of gasoline. Mr. Garza noted that there were a number of gasoline-electric hybrid vehicles available on the market today which both reduce emissions and improve fuel efficiency in city driving such as the Toyota Prius and the Honda Civic. Hybrid vehicles combined an internal combustion engine followed by an electric motor powered by a battery system. The power inverter module allowed the battery to recharge when the car slowed down or braked; thus, this type of vehicle was more efficient for city driving as opposed to highway driving. The flexible-fuel plug-in hybrid vehicle, however, could be plugged into a charging device when not in use, increasing the available battery power. This would improve on emission reductions and fuel efficiency during daily driving activities. Mr. Garza said the goal was to engineer a vehicle with a battery that could run on 100 percent electricity for a minimum of 30 miles, noting that fifty percent of all daily work commutes were less than thirty miles. On the other hand, if one wished to travel to San Antonio, the car would convert automatically to gasoline-power. Mr. Garza stated that currently, the automobile industry was not producing vehicles with this advanced capability. Even though the technology was available. The upgrade would be costly for most manufacturers, so they would need some indication that there was a market for these vehicles. Consequently, he said the City of Austin established this program to obtain endorsements from local governments and other fleet users in support of flexible-fuel plug-in hybrid vehicles. Mr. Garza said Council's approval of the proposed resolution would support a national campaign to encourage development and production of flexible-fuel plug-in hybrid vehicles. Mr Garza described the City of Austin's program in more detail. First, he said they collected 10,000 signatures from residents in support of the initiative. Second, Austin Energy was prepared to offer energy rebates to purchasers of flexible fuel plug-in hybrid vehicles. Third, the City of Austin and other local government and businesses had joined forces to promote the initiative. Finally, he said the City of Austin was attempting to obtain petitions and endorsements from businesses. environmentalists, and other interested parties. Mr Garza stated the City of Austin planned a kick-off campaign on January 24, 2006 in the National Press Club. Washington D.C. He said supporters from cities, public utilities, and private sector companies would join Austin Mayor Will Wynn at the event. In response to Mayor Garrett's question, Mr. Garza stated that the public transportation sector had requested a special plug-in that could fully charge a battery in an hour and a half. Otherwise, the vehicle would charge overnight at any 120-volt outlet. In response to Mr. Scott's question, Mr. Garza replied Austin Energy was a corporation fully owned by the City of Austin that generated and sold electricity to city residents for a profit. Mr. Scott asked why the proposed resolution was specifically endorsing flexible-fuel plug-in Minutes - Regular Council Meeting January 17. 2006 - Page 6 vehicles rather than hybrid vehicles in general. Mr. Garza replied that the national campaign was focusing on the flexible-fuel plug-in vehicles because automakers were not currently manufacturing them, and the City of Austin felt the plug-in vehicles were technologically superior to the gasoline-electric hybrids in production. Mr. Scott felt that any type of hybrid vehicle should be encouraged, and resisted the attempt to focus solely on flexible-fuel, plug-in hybrid vehicles. He pointed out that vehicles were the major cause of pollution, so he felt the governments should provide incentives to move toward all hybrid vehicles. City Manager Noe replied that the city's Air Quality Committee, headed by Mr. Bill Hennings. was also investigating alternative fuel initiatives, and he proposed scheduling a report for the Council. Mr. Scott spoke In support of scheduling a report. Mr. Garcia asked Mr. Garza if he planned to hold any orientations to inform the public about the advantages of hybrid vehicles. Mr. Garza replied he could make those arrangements. Mr. Garcia also pointed out the federal energy bill offered incentives for all hybrid vehicles. Mayor Garrett asked for public comment. Mr. Abel Alonzo spoke in support of hybrid vehicles. saying that electric wheelchairs had been using the technology for years. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 026615 Resolution directing the City Manager to develop a program to encourage the future purchase of flexible-fuel plug-in hybrid vehicles for City fleet orders; commit the City to support state, and federal policies that will promote flexible-fuel plug-in hybrid vehicles; and work with other local governments, education, business. and the environmental community to encourage the manufacture and purchase of flexible-fuel plug-in hybrid vehicles. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1205-01. Sharon Gilleland: A change of zoning from a "R-1 B" One-family Dwelling District to an II AB" Professional Office District. The property is in the Del Monte Subdivision, Block 5, Lot 13, located at the northwest corner of the intersection of Santa Fe and Indiana Avenue. City Secretary Chapa stated that the Planning Commission and staff recommended denial of an "AB" Professional Office District and in lieu thereof, approval of a "R-2" Multiple Dwelling District. No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott. and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 17, 2006 - Page 7 11. ORDINANCE NO. 026610 Amending the Zoning Ordinance, upon application by Sharon Gilleland by changing the zoning map in reference to .14 acres out of Del Monte Subdivision, Block 5, Lot 13, from "R-1 B" One-family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 12, and a motion was made, seconded. and passed to open the public hearing on the following zoning case: Case No. 1205-02, Yorktown Oso Joint Venture: A change in zoning from a "R-1 B" One- family Dwelling District to a "R-1C" One-family Dwelling District. The property is in Rancho Vista Subdivision, Block 1, Lot 2, Block 2, Lots 2-14, Block 3, Lots 1-14 and Block 5, Lots 9-20, located south of Yorktown Boulevard and 1 ,550 feet east of Airline Road extension and Rodd Field Road. City Secretary Chapa said the Planning Commission recommended the approval of a "R-1 B" One-family Dwelling District with a Special Permit on six (6) lots. Staff recommended the approval of a "R-1C" One-family Dwelling District. Mr. Chapa said the ordinance reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning explained that the applicant was requesting a change in zoning from the original "R-1 B" zoning request that was recently approved. The subdivision was developed under the "R-1B" standard. However. there were six lots with home built at the 20-foot foot yard setback, similar to the homes zoned "R-1C" to the north of the development. He noted that the 20-foot yard setback was the minimum front yard set back for properties zoned "R-1 cn Mr Gunning stated that the Planning Commission recommended denial of the "R-1 Cot district and in lieu thereof approval of the "R-1 B" district with a special permit on the six lots. He said staff was recommending the "R-1C" zoning because it was consistent with the adjacent zoning. In addition, his experience was that as this subdivision developed in the future, other property owners in that same subdivision would also want the 20-foot front yard set back line. Finally, he said there was an exception to the ordinance that actually allowed individuals to build at a front yard setback based on the average set back for that particular block. Consequently, many of the homeowners In residences zoned "R-1 B" could appeal and ask for administrative approval to build a 20-foot front yard setback. In conclusion, Mr. Gunning stated that staff felt it was best to zone the entire subdivision "R-1C". In response to Mr. Scott's question, Mr. Gunning stated that the "R-1 B" zoning allowed a 25-foot setback. Mayor Garrett asked for public comment. Mr. Bart Braselton, 7406 Lake Buchanan, spoke in support of staff's recommendation. Mr. Kinnison made a motion to amend the ordinance to reflect staffs recommendation, seconded by Ms. Cooper, and passed. Minutes - Regular Council Meeting January 17, 2006 - Page 8 A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes on the ordinance as amended as follows: 12. ORDINANCE NO. 026611 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture by changing the zoning map in reference to Rancho Vista Subdivision. Block 2. Lot 7, 11, 12 and 13; Block 3, Lot 1; and Block 5, Lot 5, from "R-1 B" One-family Dwelling District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared. and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 13, and a motion was made. seconded, and passed to open the public hearing on the following zoning case: Case No. 1205-03. Patricia Hawn Wallace. Trustee #2: A change in zoning from a "F-R" Farm-Rural District to a "R-1 B" One-family Dwelling District. The property is 33.25 acres out of Lots 22, 23, and 24, Section 25. Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard between Rodd Field Road and the Cayo del Oso. City Secretary Chapa stated the Planning Commission and staff recommended approval of a "R-1 B" One-family Dwelling District. No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 026612 Amending the Zoning Ordinance. upon application by Patricia Hawn Wallace, Trustee #2 by changing the zoning map in reference to 33.25 acres out of Lots 22, 23, and 24, Section 25, Flour Bluff and Encinal Farm and Garden Tracts. from "F_R" Farm-Rural District to "R_1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison. Marez, Noyola. and Scott, voting "Aye"; Kelly was absent. Mayor Garrett deviated from the agenda and referred to Item 15. and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting January 17, 2006 - Page 9 Case No. 1105-04. Scott Mandel: A change in zoning from a "F-R" Farm-Rural District to a "R-1 B" One-family Dwelling District on Tract 1, a "R-2" Multiple Dwelling District on Tract 2 and a "B-1" Neighborhood Business District on Tract 3. The property is 40.02 acres out of Lots 1 0 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts. located east of Cimarron Boulevard and 200 feet south of Brockhampton Street City Secretary Chapa stated the Planning Commission and staff recommended approval of a "R-1 B" One-family Dwelling District on Tracts 1, 2, and 3. No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. Mr. Kinnison asked if the applicant planned to submit an application for a Planned Unit Development ("PUD") for the project site in the future. Mr. Gunning replied affirmatively. He explained that the applicant preferred commercial and town home zoning on the Cimarron frontage. but had requested "R-1 B" zoning at this time for the entire site due to infrastructure Issues concerning proposed Drainage Ditch 27, and the need to prepare a subdivision plat with a PUD district. In addition. the applicant has indicated that development of the commercial and town home tracts would only occur after Cimarron Boulevard was improved. He anticipated that the applicant would pursue a PUD district for the project site within the next two or three years. In response to Mr. Kinnison's question, Mr. Gunning replied the applicant would have to submit a new application for a PUD for the Planning Commission's review. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 026614 Amending the Zoning Ordinance, upon application by Scott Mandel, by changing the zoning map in reference to 40.02 acres out of Lots 10 and 18. Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm-Rural District to "R- 1 B" One-family Dwelling District on Tracts 1, 2, and 3; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott. voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 14, and a motion was made, seconded, and passed to open the public hearing for the following zoning case: Case No. 1105-07. Arriba Development A change of zoning from a "R-1 B" One-family Dwelling District to a "B-4" General Business District The property is a vacant tract of land located north of Up River Road and Interstate 37 at the intersection of Session Road. (Tabled 12/20/05) City Secretary Chapa said the Planning Commission recommended approval of a "B-4" General Business District. Staff recommended denial of the "B-4" General Business District. and in lieu thereof, approval of a "B-1" Neighborhood Business District. Mr. Chapa said the ordinance before the Council today reflected the Planning Commission's recommendation. Assistant Director of Development Services Michael Gunning stated the Council tabled this case on December 20. 2005 to allow the applicant to meet with residents and the Tuloso Minutes - Regular Council Meeting January 17, 2006 - Page 10 Midway School District to consider a lesser zoning district. He referred to a letter submitted by the Tuloso-Midway ISD requesting a "B-1A" Neighborhood Business District rather than a "B-4" General Business District because of the subject property's proximity to a church, preferring non-residential development along the IH-37 frontage. Mr. Gunning stated that the Planning Commission. on the other hand, felt the most appropriate zoning was the "B-4" district because of the subject property's proximity to Sessions Road. Mr. Gunning explained the subject property was located at the northwest corner of Sessions Road and Up River Road. Up River Road at this location was also the frontage road for IH-37. The property was vacant with existing low-density residential uses to the west and vacant land on the north and east sides. The south property line was adjacent to Sessions Road, a local (or rural) street that accesses a number of single-family developments. In addition. the Future Land Use Plan designated this property for commercial uses along the highway frontage with low-density land uses located to the north and behind the commercial uses. Consequently, staff was recommending the denial of the "B-4" district and approval of the "B-1" district because they felt it was most appropriate. Mr. Gunning also pointed out that TxDOT felt that the intersection of a local street like Sessions Road and the frontage road with a driveway from the subject property could create a traffic hazard. TxDOT preferred that the driveway be located at the extreme western edge of the subject property. The city's driveway ordinance would also prohibit any commercial driveway access onto Sessions Road since it was a local street. In conclusion, Mr. Gunning stated staff preferred the "B-1" district to the "B-1A" district since there were no existing homes in the area that warranted the additional buffer the "B-1A" provided. Mr. Garcia commented that the city was not saying that the area could never be zoned a "B-4" district; rather, staff's recommendation under the existing conditions was to zone the property "B-1". Mr. Gunning replied affirmatively, saying the area could be zoned "B-4" in the future. Approved uses in the "B-1" zoning district were grocery stores. retail uses, personal service uses, offices, and apartments. Mayor Garrett asked for public comment. Mr. Victor Gutierrez with Coym Rehmet & Gutierrez Engineering, 5656 S. Staples, representing the applicant, stated that they met with the Tuloso-Midway School District Board and superintendent per Mr. Kelly's request at the last meeting. The school district was in favor of the "B-1A" zoning district, which differed from the Planning Commission and staffs recommendations. The Planning Commission unanimously recommended "B-4" zoning, and staff recommended "B-1". While the applicant preferred the "B-4" zoning, Mr. Gutierrez said his client would accept a minimum of "B-1" zoning with a Special Permit for a hotel/motel site. This proposal would protect the school district and the residents from any objectionable uses. He noted that the Special Permit would expire in one year, so his client would have to build the hotel within that timeframe or the property would revert to "B-1" zoning uses Mr. Noyola asked if the applicant also owned the land behind the subject property. Mr. Gunning replied affirmatively, saying the applicant owned all the property zoned "R-1B" behind the subject parcel. Mr. Noyola asked what the applicant's plans were for the surrounding property. Mr. Ramirez, the applicant, replied that he owned the property behind the subject parcel and across from it on Sessions Road. They planned to develop the property at least partially for residential use; thus, they would not favor bar or auto shop uses. Minutes - Regular Council Meeting January 17, 2006 - Page 11 Dr Cornelio Gonzalez, superintendent of Tuloso-Midway Independent School District, spoke against the "B-4" zoning district and in favor of the "B-1A" zoning if possible. The school district was not opposed to commercial development in the area, however. except for businesses allowing alcoholic beverage sales. In conclusion, he said the school district accepted staffs recommendation to zone the property "B-1". If and when a developer emerged with a proposal to build a hotel on the site, then the applicant could request a zoning change at that time. Mr. Garcia agreed with Dr. Gonzalez. Mr. Noyola asked for the distance between the closest Tuloso-Midway ISO school and the subject property. Dr. Gonzalez replied the primary school was approximately a mile from the subject property. Mr. Noyola asked Mr. Gunning what the minimum distance allowed by ordinance between a school and a establishment selling alcoholic beverages. Mr. Gunning replied the minimum distance was 300 feet. Mr. Noyola felt that since the subject property was a mile from the nearest school, a business selling alcoholic beverages could be an acceptable use. He pointed out that a hotel could sell alcoholic beverages to patrons. Dr. Gonzalez reiterated the school district's position against alcoholic beverage sales in the area. A motion was made, seconded, and passed to close the public hearing. Mr. Chesney spoke in support of Mr. Gutierrez's suggestion to grant the applicant "B-1" zoning with a Special Permit for a hotel with a one-year expiration date. Director of Development Services Barbara Holly replied that this was clearly an option. Mr Kinnison spoke on behalf of Mr. Kelly, who was temporarily unavailable. He said Mr. Kelly was in favor of staffs recommendation for a "B-1" zoning district. Mr. Kinnison made the motion to amend the ordinance to grant a "B-1" zoning district, and it was seconded by Ms. Cooper. Mr. Chesney made a motion to amend Mr. Kinnison's motion to include a Special Permit for one year to allow for hotel/motel development, seconded by Mr. Scott. Mr. Gunning added that if the applicant failed to begin the hotel/motel development within a year, he had the right to ask the Council for an extension Mr. Kinnison restated his motion and made a motion to amend the ordinance to approve a "B-1" zoning district with a Special Permit for one year to allow for hotel/motel development. seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows 14. ORDINANCE NO. 026613 Amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570. Nueces County, from "R-1 B" One-family Dwelling District to "B-1" Neighborhood Business District with a Special Permit for one year to allow for hotel/motel development; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez. Noyola, and Scott, voting "Aye"; Kelly was absent. * * * * * * * * * * * * * Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 17 on traffic management at the arena/convention center during multiple events. Mr. Minutes - Regular Council Meeting January 17. 2006 - Page 12 Marc Solis, general manager for the American Bank Center, reviewed the history of the arena traffic planning and development plans that SMG incorporated into their Traffic Master Plan. Mr. Solis discussed SMG's Traffic Master Plan in more detail. He said the plan addressed inbound and egress routes, and outlined the city's responsibilities and SMG's responsibilities in managing the American Bank Center zone. In addition, the plan outlined the Regional Transportation Authority's (RT A) role in managing certain high traffic events. Regarding the inbound traffic flow, Mr. Solis reported that 75 percent of event attendees used the IH-37/Chaparral corridor, 15 percent used Shoreline Boulevard, and 10 percent used Port Avenue. Egress traffic flow used the following routes: IH-37/Chaparral - 10 percent; Shoreline Boulevard - 30 percent; and Port Avenue - 20 percent. He pointed out that Port Avenue was an underutilized route, and said SMG was planning to add more directional signage to encourage use. Mr. Solis displayed a map depicting the areas of city responsibility and shared responsibility, and the areas of shared responsibility between the city and SMG. He said the city managed the area near IH-37 and Chaparral, while SMG managed the arena zone, stretching out over 25 parking lots. Mr Solis displayed a chart providing an inventory of available arena parking, totaling 25 iots with 5,453 parking spaces. The city owned 15 of the lots. totaling 1,478 parking spaces. and SMG managed four additional lots for a total of 775 parking spaces. Mr. Solis discussed the SMG parking usage averages as follows: hockey - 776 vehicles per game; basketball - 290 vehicles per game; football - 1,596 vehicles per game; concerts - 1,550 vehicles/event; and Selena Auditorium events - 562 vehicles/event. In total. he said an average of 954.8 vehicles per event utilized parking. He concluded that there was more than sufficient parking in the area. Mr Solis reported on a paid parking program implemented in April 2005. ranging from $3 to $10 per space. He said 100 parking spaces in the parking garage were reserved for the program. and they sold out within five minutes. Thus, SMG felt there was a market for guaranteed parking. The revenues collected from this program would be used to maintain and Improve parking lots and to reimburse the city for traffic management by the Police department. In addition. he said the revenues would be used to make the traffic and parking program self- funded Mr Solis reported on the success of the RT A Bayfront Express. The RT A serviced 22 events last year at a charge of $1 to $2 per roundtrip. An average of 12.6 percent of event attendees used the service. Although the service was convenient and modestly priced, Mr. Solis said the public was underutilizing the service He theorized that the public utilized the service only if there were multiple events being held in the area (e.g. baseball game, country peddler show, graduation, etc.). In conclusion, Mr. Solis stated the arena's first year in operation was successful and customer satisfaction was met through a coordinated effort between the city, SMG, and the Port. He said SMG would continue to make improvements to the program over time. Mayor Garrett asked Mr. Solis to continue to encourage event attendees to use Port Avenue for ingress and egress. Minutes - Regular Council Meeting January 17, 2006 - Page 13 Mr. Scott spoke in favor of pedestrian improvements to the arena. so people could have an enjoyable experience as they walked to the arena from their parking spaces. He also asked SMG to improve their efforts to manage traffic around the arena. Mr. Solis replied the arena parking manager had erected new signage to direct patrons to designated parking lots. and also planned to assign additional staff to improve traffic management. Mr. Marez thanked SMG and staff for providing affordable and convenient parking for the city's various venues. He also thanked SMG for bringing great entertainment to the city. Mr Garcia commented that he would like to see signage distinguishing city lots from private lots. He also stated that he would like streetlights placed on Port Avenue to guide vehicles to the expressway entrance. He also suggested that SMG consider using public transportation to transport citizens from outlying lots to the arena. Mr. Solis replied SMG staff had held preliminary discussions with the Corpus Christi Hooks about running trams from their parking lot to arena events. At this time, he said neither SMG nor the Hooks had the funds to purchase a tram, so the idea was on hold. Mr. Garcia replied that an another option would be to enhance the paid parking program by adding more spaces, and then use a portion of the revenues to establish a shuttle system with the RT A. City Manager Noe stated the city's discussions with the architects and designers on the Sayfront Plan had also called for pedestrian improvements in the downtown entertainment district to better integrate the venues. He also thanked the city's traffic cops, the Engineering department, and the RTA for working cooperatively with SMG to manage traffic in the area. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. The following individuals spoke in support of restricting the police chief search to internal candidates: Abel Alonzo; Cliff Harris, 1017 Antelope; and Gilbert Cortinas, 1826 Leopard. Mr. Cortinas submitted a petition in support of his statement. Mr. Carlos Torres, 6014 Ayers, spoke in favor of retaining the CPAT physical fitness exam for firefighter candidates because he felt the program had more rigorous fitness standards than the Cooper Institute Physical Fitness exam, which the city had recently adopted. He asked the city to assign a staff member to work with the Firefighters Association and the Fire Chief regarding the exam requirements. Mr. Chesney referred to a written response from Ms. Cynthia Garcia, Human Resources Director addressing Mr. Torres's concerns. He considered physical fitness to be a priority issue during the next round of police and fire contract negotiations because it was a safety issue. City Manager Noe clarified that staff was not opposed to the CPAT itself; rather, their concerns were related to a number of legal issues raised in other communities about the test. Until the legal issues were resolved, staff was discontinuing the use of the CPA T and Implementing another test. Finally, he said staff fully supported collective bargaining regarding issues related to physical fitness. Minutes - Regular Council Meeting January 17, 2006 - Page 14 Mr. Marez asked when the next fire academy was scheduled. Director of Human Resources Cynthia Garcia replied that normally, the city held one fire academy a year. She said it took approximately nine months to complete the recruitment process for firefighter candidates. The next academy was scheduled to begin in January or February 2007. Mr Noyola referred to a number of errors that appeared on the city's website regarding the CPAT test. Ms. Garcia replied the Cooper Institute Physical Fitness was currently used for the Police department, and errors were made when the information was transferred from the Police website to the firefighter website. She apologized for the errors and said they were corrected them as soon as they were discovered. I n response to Mr. Noyola's question, Ms. Garcia said staff recommended changing from the CPAT to the Cooper's test because of an EEOC ruling that the City of Austin's use of the CPA T had an adverse effect on female candidates. As a result, the City of Austin's firefighter recruitment process was cancelled. Since the City of Corpus Christi could not afford to cancel a firefighter academy, staff had no choice but to discontinue the CPAT until the issue was resolved. She noted, however, that staff had recommended that the CPAT continue to be taught at the fire academy for training purposes. Mr. Noyola understood that the Fire Chief, assistant chiefs, and the union chief were unaware of a validation study for the tests. City Manager Noe replied that normally, issues related to recruitment are not the purview of the union; rather, the civil service process determined who was hired. He said he understood the Fire department staff was informed about the process. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 20. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiation with possible discussion and action related thereto in open session. 21. Executive session under Texas Government Code Sections 551.071 and 551.072 regarding legal and real estate transaction issues relating to the acquisition of property for and permitting of a new wastewater treatment plant to replace the Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 22. Executive session under Texas Government Code Section 551.071 regarding WiFi network, with possible discussion and action related thereto in open session. The Council went into executive session. * * * * * * * * * * * * * The Council returned from executive session. Mayor Garrett referred to Items 18 and 19, presentations on the Americans with Disabilities Act transition plan and the first quarter report on health benefits/risk management fund. City Manager Noe stated the Council had been provided with materials regarding the items. If the Council had no objections, staff could forgo the presentation and entertain questions. There were no questions. Minutes - Regular Council Meeting January 17, 2006 - Page 15 * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that the following items were scheduled for the Council's consideration next week: Convention and Visitors Bureau quarterly report, including a report on the bowlers tournament; Tall Ships visit presentation; and the city's depository contract. Mayor Garrett called for Council reports. Mr. Scott asked staff to provide more advance notice regarding neighborhood meetings. He said he had received just two days notice regarding a Hamlin Neighborhood Advisory Council meeting organized by the direct patrol officers to be held on January 19. He also reported that an old military vehicle was stuck in the surf on the Island, and he asked the city to remove it as soon as possible since ii was a safety hazard. He said he had spoken about the issue with Assistant City Manager Margie Rose, who suggested placing some type of warning signage on the structure until it was removed. He also stated that the city should not have to pay for removing the vehicle, asked staff to seek reimbursement from the military or whatever entity He said six or seven companies bid for the items, and the city was required by law to award to the lowest bidder. Consequently. staff could not recommend award to one company. was responsible for placing it there. Mr Marez announced that as a State employee, he was prohibited from accepting compensation for his service as a Council member. He had decided, however, to donate his monthly salary to a local non-profit organization(s). He asked any interested parties to contact him through the City Secretary's Office. He planned to split his salary into two equal portions for disbursement. He thanked staff for researching the issue for him. Mr Garcia asked for a status report on the neighborhood meetings regarding drainage issues in Brighton Village. City Engineer Angel Escobar answered two meetings were held, one last Friday and one last night. Both meetings were well attended by property owners and residents in the area. The majority of the individuals were in favor of the improvements. but were concerned about access to their property during the construction. He said one more meeting was scheduled tomorrow night at 6:00 p.m. Mr Garcia also asked how the city was addressing concerns with speeding on Cimarron Boulevard. Mr. Escobar replied the city was repairing and leveling the road to repair roughness and it should be coming forward in the next two to three weeks. He said the Police department was continuing their efforts to enforce the speed limit as well. Mayor Garrett asked if the city had received a Clean Air Award. Mr. Noe responded affirmatively. saying the City was recognized for its efforts to support decreasing activity during ozone action days. Mayor Garrett also stated that citizens were reporting a problem with the traffic light cycle at Staples Street and Saratoga Boulevard. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:10 p.m. on January 17, 2006. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting January 31,2006 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro T em Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Keith Wyatt of First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 24. 2006. A motion was made, seconded, and passed to approve the minutes as presented * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2-18). City Secretary Chapa announced that Council Member Noyola would be abstaining from the vote and discussion on Items 14. 15, and 16. City Manager Noe announced that Item 8 was being withdrawn by staff. Council members requested that Item 13 be pulled for individual consideration. There were no comments from the public. A motion was made, seconded, and passed to approve Items 2 through 18, constituting the consent agenda, except for Item 13, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2006-023 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $8,350 from the Executive Office of the President. Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 31, 2006 - Page 2 2 b. ORDINANCE NO. 026624 Ordinance appropriating $8,350 in the No. 1061 Federal/State Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.a. RESOLUTION NO. 026625 Resolution authorizing the City Manager or his designee to accept an amendment to a grant from the Department of State Health Services in the amount of $88.174 for personnel costs to provide essential public health services. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO. 026626 Ordinance appropriating an amendment to a grant from the Department of State Health Services in the amount of $88,174 in the No. 1066 Health Grants Fund for personnel costs to provide essential public health services. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye". 4.a. RESOLUTION NO. 026627 Resolution authorizing the City Manager or his designee to accept a grant from Texas Parks and Wildlife Recreational Trails Program in the amount of $100,000 in the No. 1067 Parks and Recreation Grants Fund for construction and resurfacing of the recreational trail at West Guth Park, with a $25,000 match from the Fund 4720 Community Enrichment Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4.b. ORDINANCE NO. 026628 Ordinance appropriating a $100,000 grant from Texas Parks and Wildlife Recreational Trails Program in the No. 1067 Parks and Recreation Grants Fund to fund construction and resurfacing of the recreational trail at West Guth Park by August 31, 2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 31,2006 - Page 3 5 ORDINANCE NO. 026629 Ordinance appropriating $500 donation from Wal-Mart in the No. 1067 Parks and Recreation Grants Fund to be used as a cash match for the Texas Parks and Wildlife Recreational Trails Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 6. MOTION NO. 2006-024 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $879,943.90 for Base Bid "A", Base Bid "B" and Alternate Bid 1 for the Mary Carroll Channel Drainage Improvements, Phase 2. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye". 7 MOTION NO. 2006-025 Motion authorizing the City Manager or his designee to execute a construction contract with Australian Courtworks, Inc., of Brandon, Mississippi in the amount of $535,600 for the HEB Tennis Center Improvement Project (Bond 2004) and the West Oso Tennis Courts (CDBG). The foregoing motion was passed and approved with the following vote: Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8.a. WITHDRAWN Ordinance :lppropriating a payment in the amount of $16,171 from SOl Realty in the No. 3530 Street Capit:ll Improvement Project Fund for the de'/eloper's sh:lre of construction of the Traffio Congestion M:ln:lgement project :It Airline RO:ld northbound right turn lane :It SH 358 eastbound frontage rO:ld (Bond Issue 2004); amending C:lpital Budget adopted by Ordin:lnce No. 026188 by increasing appropri:ltions by $46,474. 8.b. WITHDRAWN Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contr:lct with King Isles, Inc., of Corpus Christi. Texas in the :lmount of $188,215.35 for construotion of the Traffic Congestion M:ln:lgement project at ,^,irline Road northbound right turn lane at SH 358 eastbound frontage road. (BOND ISSUE 2004) Minutes - Regular Council Meeting January 31, 2006 - Page 4 9 RESOLUTION NO. 026630 Resolution recognizing the public necessity of acquiring street right-of-way easements for the Rodd Field Village Public Improvement District. Projects 7243/8417, for street improvements and other municipal purposes in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said right-of-way. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye". 10. MOTION NO. 2006-026 Motion authorizing the City Manager to execute a Bridge Construction Deferment Agreement with The Lakes at King Estates, Inc.. (Developer). in the amount of $28,783.91 for the Developer's share for future construction of a public bridge over a drainage channel to serve The Coves at Lago Vista subdivision located south of FM 2444 (South Staples Street) and west of Oso Creek, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2006-027 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the professional services contract with MAXIMUS, Inc., ERP Solutions Division, of Rancho Cordova. California in the amount of $25.000 for a total re-stated fee not to exceed $50,000 for additional project management, systems analysis and computer programming services to maintain the PeopleSoft Financials module. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye". 12. ORDINANCE NO. 026631 Ordinance appropriating $51,226.53 from the Fund Balance Reserves in Municipal Information Systems Fund No. 5210 provided by Intel Corporation for Digital City project support; amending FY 2005-2006 Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $51,226.53. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 31, 2006 - Page 5 14. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute Supplemental Agreement NO.1 to Federal Aviation Administration Lease No. DTFA07-04-L-00560 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. and Scott, voting "Aye"; Noyola abstained. 15. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to Federal Aviation Administration Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the PAPI serving Runway 31. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. 16. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute Lease No. DTFASW-06-L- 00118 with the Federal Aviation Administration for 2.8747 acres of land located at the Corpus Christi International Airport, for a term ending on September 30, 2025, for the construction and operation of a Digital Airport Surveillance Radar (DSAR-11) site. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. and Scott, voting "Aye"; Noyola abstained. 17.a. ORDINANCE NO. 026632 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission. (First Reading 01/24/06) The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye". 17.b. ORDINANCE NO. 026633 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting. (First Reading 01/24/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison. Marez. Noyola, and Scott. voting "Aye" Minutes - Regular Council Meeting January 31,2006 - Page 6 18. ORDINANCE NO. 026634 Amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi. Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin. (First Reading 01/24/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye" Mayor Garrett opened discussion on Item 13 regarding the renaming of Sunnybrook Park to Mike Zepeda Park. Mayor Garrett asked Director of Parks and Recreation Sally Gavlik to provide more information on the park. Ms. Gavlik reported the park was located at 3010 Sunnybrook; it was previously named South Side Park. She said the Corpus Christi Barrios Association had requested that the park be renamed in honor of Mr. Mike Zepeda, a community activist. The Park and Recreation Advisory Committee had approved the request. In addition, notices were sent to area residents advising them of the request and signage was erected at the park to see if there was any opposition. She stated that Ret. Lt. Commander Juan Garcia was present on behalf of the Corpus Christi Barrios Association. Mayor Garrett called for public comment. Ret. Lt. Commander Juan Garcia, 4913 Kerrville, representing the Corpus Christi Barrios Association, spoke in support of renaming Sunnybrook Park in honor of Mr. Mike Zepeda, citing Mr. Zepeda's involvement in civil rights Issues and his decorated military service. Mayor Garrett, Mr. Noyola. Mr. Marez, and Mr. Garcia also spoke in support of renaming the park in honor of Mr. Zepeda, citing his lifelong commitment to civil rights issues. Mr. Marez and Mr. Garcia expressed concern, however, that Sunnybrook Park was in need of Improvements, and asked staff to address the problems. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Waiving the 60-day waiting period and publication of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike Zepeda Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott. voting "Aye". * * * * * * * * * * * * * Mayor Garrett deviated from the agenda, and opened discussion on Item 22 regarding the proposed location of the new Wastewater Treatment Plant at the Flint Hills Farm site. City Engineer Angel Escobar introduced the team members who would be assisting him with the presentation as follows: Assistant City Manager Ron Massey, Wastewater Superintendent Foster Crowell, and Mr. Govind Nadkarni with MEI GovindlMaverick Engineering. Mr. Escobar explained staff was finalizing the site selection process for the new Wastewater Treatment Plant, and was seeking Council approval to continue with the land Minutes - Regular Council Meeting January 31, 2006 - Page 7 acquisition for the recommended site. In addition, staff would provide an update on the Broadway Diversion project. Mr Escobar provided a brief history on the City's actions regarding the Broadway Wastewater Treatment Plant from March 18. 1997 to June 28. 2005. He highlighted a Council directive made on January 29, 2002 that amended the 1997 Implementation Plan to prohibit the diversion of flows to the Greenwood Wastewater Treatment Plant and to rule out the option of constructing a new plant at the existing Broadway Plant Site (Site 12 in today's presentation). In addition. staff considered a number of potential sites in the industrial area along the Ship Channel as follows: Site 1 - PCCA Military Staging Site; Site 2 - Kerr McGee Property; Site 2A - West Broadway at Sam Rankin; and Site 3 - CITGO Port Avenue Terminal. Of these sites, staff selected the CITGO Port Avenue Terminal Site for further evaluation. He said Site 4. the Flint Hills Resources Tank Farm Site, became available in November 2004. Mr Escobar said the Council held two closed sessions regarding the site selection in March and June 2005. Subsequently, staff made preliminary contact with Flint Hills in April 2005. Staff also met with the Hillcrest Area Residents between August and October 2005. including a site visit to Whitecap Wastewater Treatment Plant on Padre Island. Consequently, Mr. Escobar reported that the citizens submitted a petition with more than 400 signatures. The Hillcrest Residents Association asked staff to review additional sites, and to review the previously evaluated sites. Mr. Escobar described the site selection process in more detail. In evaluating new plant sites in the industrial area, staff used the following criteria: any available vacant land south of the ship channel; any available sites north of the ship channel; a cost comparison of sites; and a site selection matrix. Mr. Escobar stated the following industrial sites were reviewed as follows: Site 1: PCCA Military Staging Yard; Site 2: Kerr McGee Property; Site 2A: West Broadway at Sam Rankin; Site 3: CITGO Port Avenue Terminal; Site 4: Flint Hills Resources Tank Farm; Site 5: PCCA Property - North Side; Site 6: Texas LeHigh Cement Plant; Site 7: PCCA Property - West of Nueces Bay PP; Site 8: Koch Pipeline Terminal - North Side; Site 9: CITGO - Palm Drive Site South Side; Site 10: Citgo Oak Park Site; Site 11: Elementis Site - next to Tule Lake Lift Bridge; and Site 12: Existing Broadway Wastewater Treatment Plant Site. He displayed a map depicting each of the evaluated sites. Mr. Govind Nadkarni with MEI Govind discussed the process of elimination staff used to create the final list of recommended sites. The following sites were eliminated from the list after preliminary screening: Site 1: PCCA Military Staging Yard; Site 2: Kerr McGee Property; Site 9: CITGO-Palm Drive South Side; Site 10: CITGO Oak Park Site; and Site 11: Elementis Site - next to Tule Lake Lift Bridge. He reviewed the reasons why each site was removed from the list. Mr. Nadkarni said staff then conducted a detailed evaluation of the remaining eight sites as follows: Site 2A, Site 3, Site 4, Site 5, Site 6, Site 7, Site 8, and Site 12. He displayed detailed maps of the eight sites. Mr Nadkarni reviewed a chart illustrating the estimated construction timelines for each of the sites. He noted that the length of the construction timeline was dependent upon the extent of the project. He noted, for example, that Site 3, the CITGO Port Ave. Terminal Project. had a longer construction timeline because it required the demolition of tanks, piping, and electrical power system plus the construction of a new tank, and also required wetland Minutes - Regular Council Meeting January 31,2006 - Page 8 mitigation prior to site cleaning and construction. Site 4. the Flint Hills Resources Tank Farm, on the other hand, had a shorter timeline because the site was already cleaned and all the tanks had been demolished. Mr. Kelly asked why the site acquisition and environmental assessments were estimated to take longer for Site 3 than for Site 4. Mr. Nadkarni replied that the site acquisition for Site 3: CITGO was estimated to take longer because staff needed to negotiate the demolition and subsequent relocation of the tanks. Site 3's environmental assessment was also estimated to take longer because of the wetland mitigation required since the CITGO site was adjacent to the salt flats. Mr. Nadkarni reviewed a cost comparison chart for the eight remaining sites. He pointed out that the cost estimates were comprised of the following items: site acquisition and rights-of- way; modifications to Resaca Lift Station; 30" C905 DR 18 Force Main; directional drilling, steel casing, and Insituform liner; access road construction; effluent outfall line construction and easement; and 8.0 MGD ADF treatment plant construction cost. Mr. Escobar added that the new wastewater plant would be designed for 8.0 MGD with a peaking factor of five during rain events, providing a total capacity of 40 MGD per day, considerably more than the Broadway Plant's existing capacity. Mr Nadkarni also reviewed a cost comparison chart with a 20-year life cycle. The total 20-year life cycle cost was estimated using direct and indirect capital costs and annual operation and maintenance (0 & M) costs. Mr. Kelly asked why the capital costs varied from site to site if the plan was to build the same plant regardless of the location. Mr. Nadkarni replied the cost of transporting the water from the Resaca Lift Station to the ship channel drove the cost differences. Mr. Kelly asked why the annual 0 & M costs for Sites 4 and 12 differed by $200,000 when both sites were located on the south side of the ship channel at relatively the same distance from the Resaca Lift Station. Mr. Nadkarni replied that Site 4 was closer to the Resaca lift Station than Site 12, thereby reducing the operating costs for the Resaca Lift Station. In addition, he said the power costs alone were $195,000 for Site 12 and $105.000 for Site 4. Mr. Kelly pointed out that according to the cost comparison chart, Site 3 CITGO was less expensive to operate than Site 4 Flint Hills. Assistant City Manager Massey replied affirmatively, noting the cost difference was $20,000 because Site 3 was slightly closer to the Resaca Lift Station than Site 4. Mr. Kelly stated that locating the new wastewater plant north of the ship channel was significantly more expensive because it would require drilling under the ship channel. He noted that the city was currently laying new pipe under the ship channel for another project, and asked what the cost was to run pipe under the channel. Mr. Nadkarni stated the pipe being installed for the ship channel project was a 16-inch pipe. He said the Broadway Plant was currently treating 90 percent of the sewage from the south side of the ship channel and 10 percent from the north side. If the city chose a location for the new wastewater treatment plant on the north side, then two 30-inch lines would have to be installed to transfer the sewage to the south side. Mr. Kelly replied that he understood the most expensive part of laying pipe was digging the trench. Mr. Nadkarni replied the ship channel project involved directional drilling 80 feet below the ship channel. Mr. Kelly asked if the city were to combine the ship channel project with the new wastewater treatment plant site. then what type of cost savings could the city expect to see on the cost of directional drilling to locate north of the channel. Mr. Escobar replied he would provide the costs later. Minutes - Regular Council Meeting January 31,2006 - Page 9 Mr. Chesney noted that the 20-year life cycle costs for Site 3 (CITGO) and Site 4 (Flint Hills) were comparable, but Site 12 (New plant at Broadway Site) was significantly more expensive than Site 4. He asked Mr. Escobar if the cost estimates were accurate. Mr. Nadkarni replied Site 12's construction costs were higher because the existing plant had to remain operational while the new construction was phased in, a much riskier and expensive process. Mr. Chesney stated that while one could make an argument in favor of the CITGO site over the Flint Hills site, he said the cost estimates for Site 12 (New plant at Broadway site) seemed to eliminate it as a viable site Mr. Noyola spoke in favor of the Site 12 location, saying that the City had successfully completed the Airport improvements while maintaining operations. While the total project cost was probably more expensive, Mr. Noyola felt Site 12 was the best choice. Mr. Noyola asked how many homes were located within 500 feet of the Flint Hills site. Mr. Nadkarni responded that one home was located approximately 515 feet from the site. but it appeared to be unoccupied. Mr. Escobar added that the TCEQ required that the processing units be at least 150 feet from the property line of the subject site. The city planned to ask the TCEQ for a waiver, however. to place the treatment units at the far rear of the subject property, increasing the distance from the residence to over 600 feet. Mr. Chesney asked how far the units were from the heart of the Hillcrest neighborhood. Mr. Escobar replied that if the TCEQ approved the waiver, the units would be an additional 120 feet from the residences. Mr Garcia asked for the direction of the prevailing winds in the area. Mr. Escobar replied the prevailing winds were to the east, away from the neighborhood. Mr. Noyola asked for the distance between the CITGO site and the Hillcrest area. Mr. Escobar replied the distance from the CITGO site to Hillcrest was approximately 1,400 feet. Mr. Kinnison commented that upon reviewing the construction timeline, the Flint Hills site seemed to be the most expedient to build. He asked staff to comment on the significance of this advantage. Mr. Foster Crowell, wastewater superintendent, replied time was a tremendous factor because the Broadway Plant was old and unpredictable. Construction delays could place the city at risk for a TCEQ violation with an expensive fine. Mr. Massey added that because of past overflow incidents, the TCEO had entered into a consent agreement with the city that allowed for more discharges than permitted during heavy rains. The new plant could handle up to 40 MGD; the current plant had a permit capacity of 20 MGD, but operationally could only handle 18 MGD during a peak rain event. Repeated overflows could lead to a consent decree In which the city would be forced to commit to replace the plant within a certain time dictated by the TCEO Thus, Mr. Massey said the sooner the Broadway Plant was replaced, the better. In summary, Mr. Noe identified three risks the city could face with construction delays. First, the city could face costly repairs to the current facility that might be avoided by replacement. Second, the city was at risk for TCEQ penalties for failing to meet operating requirements. Third, the TCEQ could take control of the process, forcing the city to build on a schedule that was not advantageous. In response to Mr. Kelly's question, Mr. Escobar said the present cost of the two, 12-inch wastewater lines going under the ship channel was $1.38 million. He said one line was already installed, and the second line was bored and would be installed by the end of the week. Two Minutes - Regular Council Meeting January 31, 2006 - Page 10 additional 16-inch water lines had not been bored yet. Mr. Kelly asked for the cost to install the larger pipes needed for a wastewater plant. Mr. Escobar replied the amount would be the difference between the $1.38 million and the $9 million to install 30-inch pipes. Mr. Kelly was emphatic that if the city had combined the two projects, then the city would have realized a cost savings. City Manager Noe replied that Mr. Escobar has consistently maintained that there were no real savings from deferring this project. Mr. Marez spoke against the Flint Hills site because it was too close to the Hillcrest area. and he did not want to subject the residents to the sights and smells associated with a wastewater treatment plant. He spoke in favor of the CITGO site because it was farther away. Mr. Nadkarni replied that the Whitecap Wastewater Treatment Plant on Padre Island was an example of a wastewater plant that was successfully located within close proximity to a neighborhood. He said new plants had advanced technology that controlled odor problems and other nuisances, and the plants were nicely landscaped so as not to detract from the neighborhood. Mr. Scott asked how far the Whitecap Plant was from the nearest residence. Mr. Escobar replied that the distance from the front gate of the plant to the corner of the first home was 316 feet. Mr. Nadkarni reviewed the site selection matrix that rated the sites on a scale of 1 to 5,5 being the most desirable. The sites were rated on a number of criteria. including the following: land acquisition, land geometry, future expansion, social concerns. 0 & M cost, and constructability. Mr. Scott asked Mr. Nadkarni to discuss why the CITGO site was rated low for future expansion while the Flint Hills site was rated much higher. Mr. Nadkarni replied the Flint Hills site had more room for expansion because of its site configuration. The Flint Hills site was more rectangular, while the CITGO site was more oddly shaped. In addition, the CITGO site had a number of land acquisition issues, including a wetlands mitigation. that could delay a future expansion. Mr. Kinnison asked how imminent an expansion was. Mr. Escobar replied that the city had planned for 20 years, but if there was a large influx into the area or if the TCEQ required a more stringent effluent standard, then the city might have to expand the plant sooner. Mr. Kinnison asked how the $3.4 million cost difference between Site 3 and Site 4 would translate into utility rate increases. Assistant City Manager Oscar Martinez replied that in the wastewater fund, every additional $1 million in revenue would require a rate increase of 2.5 percent. He pointed out, however, that capital costs were incurred and paid out over a longer period of time. Mr. Kinnison asked if the city was projecting 5.5 percent rate increases, then what would the utility rate model generate to coup the $3.4 million. Mr. Martinez replied the utility rate would increase to 8 percent. Mr. Noe pointed out that the costs were 20-year costs in present value, and would translate into a $300,000 increase a year over 20 years. He said staff would provide a more accurate number later. Mr Escobar discussed the benefits of the Flint Hills site as follows: favorable property acquisition; no change in permit requirements; potential effluent re-use; site preparation; asset value existing site; TCEQ buffer of 150 feet from nearest treatment unit was met along site's South property line; and the nearest residential lot was over 500 feet from the treatment units. Consequently, staffs recommendation was to proceed with the purchase of Flint Hills Tank Farm site (Site 4) for the new wastewater treatment plant site. If approved, staff would begin assembling a team to assist with negotiations to purchase the property, and to address issues specific to the land purchase. Minutes - Regular Council Meeting January 31, 2006 - Page 11 Mr. Noe reemphasized that the key issues driving staff's recommendation were the cost difference and the risk in delaying the construction of a new plant. In response to Mayor Garrett's question, Mr. Massey replied the difference between the construction guidelines for the CITGO and Flint Hills sites was 15 months. The CITGO site was estimated to take longer due to additional environmental work and relocation of the gas facilities. Mr. Noyola spoke strongly in favor the CITGO site because he felt it was a better choice for the community. He asked if the timelines could be condensed if necessary. Mr. Escobar answered affirmatively. Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Sirfrederickvon U.S.A. King ih, 1510 Ramirez. asked if the city planned to attract two Mexican airlines that ceased operating in DFW airport to the city's airport. * * * * * * * * * * * * * Mayor Garrett reopened the discussion on Item 22 regarding the site selection for the new wastewater treatment plant. Mr. Andrew DuArte Sr., 203 Van Loan, presented a PowerPoint presentation on behalf of the Hillcrest Residents Association. He said the residents preferred to locate the wastewater treatment plant to the north of the ship channel, but if the site had to be south of the channel, they strongly preferred the CITGO site to the Flint Hills site. The following individuals spoke in favor of the CITGO site: Henry Williams, 2422 Summers Street; Jerome Bradford; Joel Mumphord; Lamont Taylor, 1701 Stillman; Carolyn Moon, 4902 Calvin; Bill Martin; Daniel Pena, 2813 Holmgren; Arthur Lee Lane with the St. Matthew Missionary Baptist Church, 1101 Waco; Danny Noyola, 4410 Acushnet; and Marvin Leary, 105 Hawthorne. Mr. Abel Alonzo, 1701 Thames, commented that the Council needed to the decision that would favor the majority of the community, and advised them not to be swayed by sentiment. Mr Kelly spoke in favor of the CITGO site, and made a motion to direct the City Manager to enter into negotiations with CITGO for the location of the new wastewater treatment plant, seconded by Mr. Noyola. In response to Mr. Scott's question, Mr. Escobar replied that both the CITGO and Flint Hills sites would be affected by the 1 DO-year flood plain. The treatment plant units would be placed on top of the earth with a current elevation of eight feet. He said the walls of the units would be elevated to 26 feet, placing them above the flood plain. Mr Scott asked questions about the wetlands mitigation, land acquisition issues, and tank relocation related to the CITGO plant. He said he had not heard any complaints about the Whitecap Wastewater Treatment Plant, which was in his district, and was much closer to residences than the proposed plant. Minutes - Regular Council Meeting January 31, 2006 - Page 12 Mr. Chesney said he had too many unanswered questions regarding the CITGO site to support it. He said he would like to narrow the choices to the CITGO site and the Flint Hills site, but wanted staff to further examine the variables related to CITGO and then report to the Council. Mr. Massey replied that staff was concerned about the uncertainties related to rebuilding and removing the operational tanks and land acquisition issues for the CITGO site. Mr. Noe added staff could obtain figures regarding these issues by negotiating with CITGO, but he was reluctant to engage in this conversation unless the city was truly going to construct the plant there. He noted that the CITGO site was part of their current operations. while the Flint Hills site was open. Mr Kinnison stated that upon reviewing the material, he was in favor of the Flint Hills site. He asked, however, whether it was realistic to believe that staff could negotiate with CITGO regarding the feasibility of the site and report in 30 days. Mr. Noe replied that it was not realistic, especially regarding the wetlands issues. He said the Council could ask staff to pursue the CITGO site and report on their progress in 60 or 90 days. but he could not guarantee that they could obtain all the information by then. Ms. Cooper expressed concern that the CITGO site would take 19 months longer to construct than the Flint Hills site because it would expose the city to unnecessary risk. She was also concerned about the environmental issues related to the CITGO project. Mr. Chesney stated that if he had to vote today, he would vote in favor of the Flint Hills site because there were too many uncertainties regarding the CITGO site. He was willing, however, to delay the decision for 30 days to clarify the uncertainties. Mr. Massey stated that staff could speak with CITGO again to try to obtain a better idea about the issues and to confirm estimated timelines. He did not know, however, how quickly CITGO could obtain approval to continue discussing the matter with the city. Mr. Kelly made a motion to amend his previous motion as follows: Motion to direct the City Manager to engage in preliminary discussions with CITGO and Flint Hills and any ancillary entities and report to the Council in 30 days regarding the location of a wastewater treatment plan on Site 3 or Site 4, eliminating as many variables as possible, seconded by Mr. Chesney. Mr Garcia spoke In support of Mr. Kelly's motion. He said the additional information would help the Council make a decision as soon as possible. Mr. Marez spoke in support of the CITGO site, but said he did not wish to delay the decision any longer because the Council had all the information it needed to make a decision. He wanted to vote on the matter today. Mr Kinnison asked for clarification that when staff reported back to the Council in 30 days, the Council would make a final decision. The Council concurred. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 31,2006 - Page 13 22. MOTION NO. 2006-028 Motion to direct the City Manager to engage in preliminary negotiations with Flint Hills and CITGO and any ancillary entities and report to the Council in 30 days regarding the location of a new Wastewater Treatment Plan on Site 3 or Site 4, eliminating as many variables as possible. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott. voting "Aye"; Marez voting "No". Mayor Garrett called for a brief recess. * * * * * * * * * * * * * Mayor Garrett referred to Item 19, a quarterly report from the Corpus Christi Economic Development Corporation. City Manager Noe replied the presentation was being withdrawn by staff and would be rescheduled. * * * * * * * * * * * * * Mayor Garrett referred to Item 20, a status report on the Bayfront Development Plan Phase 1. Assistant City Manager Ron Massey introduced Mr. Raymond Gignac and his team. who would be making the presentation. Mr. Gignac briefly reviewed the status and schedule for the Phase 1 of the Bayfront Development Project. The Council approved the Bayfront Master Plan in summer 2004, and the voters approved the funding for Phase 1 of the project in the November 2004 bond issue. Phase 1 extended from IH-37 to the arena and art museum. He said the city entered into a contract with the design team in August 2005. As part of their contract with the city. Mr. Gignac reported that the design team was assigned the following tasks: provide updates to the Master Plan; develop SEA Town design guidelines; complete Phase 1 preliminary design (April 2006); and complete Phase 1 contract documents (2006). Mr Gignac displayed a diagram of the 2004 Bayfront Master Plan programming. composed of the South Waterfront, the Marina, Downtown, and the North Waterfront. The North Waterfront Park was included in the Baytront Master Plan Phase 1. Mr. Gignac reported on a number of recent developments that required adjustments to the Master Plan. The Art Museum of South Texas expansion, commonly known as the Legorreta building, was nearly complete, but it had encroached slightly into the original Master Plan space. The design team studying how to incorporate the area into the other design elements area, like the Water Gardens and museums, and how to provide public access and parking to the area. In addition, Mr. Gignac stated that TxDOT was planning to replace and realign the Harbor Bridge. He asked Mr. Alan Ward with Sasaki Associates, a design team member, to elaborate. Mr. Ward introduced the rest of the design team as follows: Kevin St. Jacques with Wilbur Smith; Kevin Gordon with TVS; and Tom Doolittle with Sasaki. Mr. Ward stated that the proposed Harbor Bridge realignment would have a profound effect on the North Bayfront, allowing for the potential expansion of street grid to the west and Minutes - Regular Council Meeting January 31 , 2006 - Page 14 creating new access. The eventual relocation of the Harbor Bridge could lead to a new redevelopment in the area, including commercial and urban residential development. Additionally, he said the realignment would improve the linkages to Whataburger Field and the Ortiz Center. Mr Ward discussed the incorporation of the SEA Town concept, a parallel planning effort to create an overall identity for a collection of destination points in the downtown/North Beach area. The design guidelines included streetscape, wayfinding. and signage to assist visitors in finding the destinations. He said the design team met with the stakeholders this morning, and they felt the Bayfront Master Plan area should be included in the larger SEA Town vision. He also said that by extending the streetscapes and wayfinding efforts to the north, the average 7,000 beachgoers could become more aware of the SEA Town attractions south of the ship channel. such as the Art Museum and Heritage Park. Mr. Ward then showed samples of the proposed SEA Town logo and directional signage. which would be expanded into a comprehensive system with visitor information kiosks, and interpretative signage, modeled after Baton Rouge. Mr Ward discussed the Bayfront Park Phase 1 design in more detail. He emphasized that the design team held extensive public meetings to gauge and refine the proposed features. He said the public meetings yielded the following suggestions for programming: interactive fountains, concessions/vendors, shade and wind shelter, entertainment venues, and recreational uses. He said the public clearly wanted the park to be more than a beautification project. Mr Ward stated that the design team studied the Bayfront's microclimate, noting that the winds came from different directions at different times of the year. He said the design Incorporated wind screen zones where visitors could find shelter from the wind on most days. Mr Ward displayed conceptual drawings of the Phase 1 Shoreline Boulevard re- alignment. He noted that the present median remained in place from the Selena Auditorium to IH-37 to provide good access and a drop-off area for the federal courthouse. From IH-37 to the west, the lanes were combined and shifted westward. Moreover. he said adjustments were made to the road by the barge docks while retaining curbside parking on both sides of Shoreline. He discussed a number of improvements near the Sarge Dock and new Art Museum drop-off, as well as a harbor edge promenade to the Ortiz Center. He also displayed conceptual drawings of proposed landscaping in the arena, convention center, and art museum area. Mr. Ward described plans for an interactive water feature located near the end of Resaca Street and the arena. He said the water feature acted like a beach by allowing visitors, especially children, to play in the water. A food and beverage kiosk and restrooms would be located adjacent to the area on the right. Mr. Ward described the planned performance space, located on Shoreline Drive near the end of Fitzgerald Street. A raised stage off of Fitzgerald Street would face a large lawn area that could be adapted for performance use, accommodating an audience of 2,000 to 2,500 people. By closing Shoreline Drive adjacent to the park, an even larger crowd of 3,500 people could be accommodated. Mr Ward displayed conceptual drawings for the Cafe Pavilion Gardens area, located between the ends of Palo Alto and Power Streets along Shoreline Boulevard. The garden area would include a series of windbreaks and an arbor to provide shelter, and a cafe for refreshments. Minutes - Regular Council Meeting January 31,2006 - Page 15 Finally, Mr. Ward discussed the final aspect of the Phase 1 plan, the IH-37 transition zone where a potential "arrival icon" could announce the visitors' arrival to the waterfront. He said this would be part of the next phase of study. Mr Ward provided a somewhat limited list of suggested plant materials that could survive along the waterfront, including trees, shrubs. and groundcover. He also briefly described a night lighting scheme for the Bayfront Park area. In conclusion, Mr. Ward stated the design team was at the midpoint of the preliminary design phase, but had set in place the key elements of the plan at this point. He asked Mr. Gignac to cover the roadway alignment plans for the Bayfront Park. Mr. Gignac reported that the design team met with various stakeholders in the area about the proposed Shoreline Boulevard road realignment. including the federal courthouse, city traffic engineers, the police traffic division, and SMG. He referred to a conceptual drawing of the existing roadway, comprised for a 41-foot roadway with six travel lanes, divided by an 80 foot median. The team was proposing to realign the road to create a 17-foot walkway, 102-foot parkland area, a 14-foot parking lane with four 12-foot travel lanes (two traveling north, two traveling south), and an 8-foot parking area. Mr. Gignac stated the road could be realigned before a major event (approximately 12 a year) to transform the parking lane into a bus lane, make three northward lanes. and one southward lane. After a major event, the road could be realigned to allow three northward lanes, one southward lane. and a one northward bus lane. Mr. Gignac also discussed the proposed roadway realignment during a festival, noting that removing the median on Shoreline made the area more flexible for outdoor festival planning. In conclusion. Mr. Gignac stated the next steps in the Bayfront Park Phase 1 design process were to obtain feedback from the Council, hold more public meetings, and complete the design development. He also mentioned that every aspect of the park design would be accessible to persons with disabilities. Mayor Garrett asked for a project timeline. City Engineer Escobar stated that at this point, the design team was holding public meetings with citizens and stakeholders. and was also seeking the Council's comments today. The designers would incorporate any meaningful suggestions and then begin the final project design. Mr. Gignac added that the design team would like to complete the design by the end of April 2006. The team would work through bid documents during the summer, and then go out for bids and begin construction in the fall. Mr. Scott asked if the city had sufficient funding to complete Phase 1 of the project. Mr. Gignac said the city had $10 million in bond funding available. He said the design team would obtain an engineering survey and cost estimates for the entire North Waterfront Area. Once the cost estimates were complete, the city would decide which of the plan elements to fund in Phase 1. He said the design team would ask Sasaki Associates to research any alternate funding through grants or philanthropy. Mr. Noe stated that the design team met with a number of major property owners in the area to stimulate a discussion. Mr. Marez spoke in support of plan, especially the planned landscaping around the seawall and arena. He commended the team for getting the public to buy into the plan with the extensive schedule of public meetings. Minutes - Regular Council Meeting January 31.2006 - Page 16 Mr. Noyola spoke in support of the plan, but asked Mr. Gignac to hold the public meetings at sites throughout the community, like schools, rather than only at City Hall. Mr. Gignac said he would be happy to take the presentation to the road. Ms Cooper spoke In support of the plan, saying the presentation was fantastic. Mayor Garrett asked if the Bayfront Plan incorporated the marina improvements. Mr. Gignac said the plan did not specifically incorporate the marina improvements, but the team hoped the design would set the stage for other improvements. ************* Mayor Garrett opened discussion on Item 21 regarding the formation of the CC Digital Community Development Corporation. Mr. Ogilvie Gericke, director of Municipal Information Systems (MIS) introduced the team members who would be making the presentation as follows: Dr. Costis Toregas with PTI; Adrian Herbst with Baller Herbst Law Group; Jimmy Bray, Attorney-at-Law; and Brian Anderson with Next Step Consulting. Dr. Costis Toregas with PTI provided a brief overview of the WiFi project. He said as the network capacity expands, the WiFi system would the city to provide more efficient governmental services, promote economic development for the community, and heal the digital divide by making Internet service more accessible to all. He discussed the private sector's Important role as a partner. co-investor and technology provider. Moreover. he announced a roundtable event to be held in February 2006 in which IBM and Intel would discuss international and global perspectives for economic development in the city. Texas A&M University-Corpus Christi and Del Mar College would also be asked to participate. In addition, Dr. Toregas discussed the city's global leadership in WiFi effort, mentioning a number of awards received from the Center for Digital Government, W21. and the United States Conference of Mayors. Finally, he commended the city for their efforts to date, and encouraged the Council to approve the new corporation. Mr Adrian Herbst with the Baller Herbst Law Group provided an overview of the municipal legalities involving WiFi. He briefly discussed the roles of local government in the WiFi effort as a facilitator, regulator, and provider. In addition, he discussed federal legislation regulating the WiFi effort, such as the Federal Cable Act and the Telecommunications Act of 1996. The Telecommunications Act of 1996 provided for continuing local authority, encouraged competition and new entrants, and sought to remove barriers that would restrain new services and competition. Mr Herbst stated that recent changes, however, have erected barriers to entry. He said access to programming was being protected through anti-competitive behavior from Incumbents. Additionally, he said advanced services had not been defined, so it was uncertain what entities regulated which services. Finally, he said federal and state barriers were being explored in Congress and the Federal Communications Commission. Mr Herbst mentioned that Texas and other states had discussed legislation to limit local government regulations of wireless services. In addition, he said the FCC and Congress were conducting a number of proceedings that could impact the municipal operation of WiFi, positively or negatively. Consequently, he said the city needed to continue to monitor legislative and other legal developments to preserve the community's needs and legal rights. Minutes - Regular Council Meeting January 31, 2006 - Page 17 Mr. Jimmy Bray, Attorney at Law, discussed the creation of the CC Digital Community Development Corporation. a non-profit local government corporation. Staff was recommending the creation of the corporation by resolution to carry out the public purposes of the network as follows: improving delivery of city services at a reduced cost; and promoting economic prosperity and jobs. The Council was also being asked to approve the corporation's articles. bylaws, and amendments. He highlighted a section of the resolution that stated that the participation of partners would multiply network benefits. Mr Bray described the composition of the corporation's board of directors. The City Council would appoint the five-member board of directors to four-year staggered terms. Each director had to be a resident of the city, and would serve at the discretion of the Council. He said temporary directors were named in the bylaws and would serve until permanent directors were appointed in May 2006. Initially, city staff would serve as officers, including the City Manager as the Chief Executive Officer. Under state law, he said the Council could assume the powers and duties of the corporation at any time, or dissolve the corporation. Finally, Mr. Bray stated that the Corporation was required to form an advisory committee of stakeholder groups to obtain input in the design and operation of the network. Mr Brian Anderson with Next Step Consulting spoke regarding the draft business plan. He said the team took a conservative approach, developing a plan that would provide both government services and commercial services. The plan made the following revenue assumptions regarding government services. First, the corporation would repay $5.9 million in mfrastructure capital investment. Second, the cost savings from wireless applications such as the Automated Meter Reading and Automatic Vehicle Location were incorporated. Third. the city planned a budget transfer of $2,751,000 annually for service support with no cost increases over five years. Mr. Anderson discussed the plan's revenue assumptions for commercial sales. They anticipated that 80 percent of the revenues would come from the ISP service program. The proposed ISP fee structure was as follows: $150,000 per annum for large providers (Earthlink, AOL, Yahoo, etc.); $15,000 per annum for small providers (Awsomenet, etc.); and $5 per subscriber per month. He said the household subscribers were projected to grow conservatively from 5,000 to 22,042 over five years. Mr. Anderson projected that 15 percent of the commercial sales revenues would come from advertising. He said households view approximately 750 or more web pages per month. Household members will "click" on an ad one percent of the time, and the ads will pay an average of $0.25 per click Mr. Anderson stated that 15 percent of commercial revenues would be obtained through E-Commerce services. Businesses would pay a $250 monthly fee to access store and marketplace application services. Subscriptions were anticipated to grow from 15 to 60 over five years Finally, Mr. Anderson said five percent of commercial revenue was projected to come from other revenues such as E-Iearning, and was estimated to grow from $5,000 to $38,000 over five years. In summary, Mr. Anderson listed a number of business development opportunities that could exceed projections. He said that dial-up ISPs, online advertising, E-commerce revenue, and the emergence of new video and music services would increase the demand for broadband. He then displayed a five-year revenue projections chart. projecting $3.2 million in Minutes - Regular Council Meeting January 31, 2006 - Page 18 Year 1 and $5 million in Year 5. In Year 1, the city was mainly subsidizing the program. but by Year 5, the split was 50 percent government and 50 percent commercial. He noted that the projections did not include any funding from other governmental entities that would use the system, such as the school districts or Nueces County. In conclusion, Mr. Gericke stated that the next steps in the process were to seek Council approval during late February 2006 to enter into a contract with corporation and approval of the business plan. Ms. Cooper spoke in support of the proposed plan. She asked the team not to sacrifice the community's needs to seek economic gains. While it was impossible to predict the effects on any future legislation on the city's ability to generate revenues, she emphasized the Importance of developing local partnerships with businesses and the citizenry. Mr. Kinnison asked when the roundtable discussion would be held. Mr. Noe replied the roundtable was scheduled to take place on February 22 at Texas A&M University-Corpus Christi. He said the Council would be invited to the event. Mr. Kinnison noted that the resolution included the appointment of temporary directors. He said he preferred to see city staff appointed to these positions initially until the Council could appoint the permanent directors, preferably before May. He said he would like to see a more diverse group of representatives from the business and technology communities. City Manager Noe explained the board of directors were subject to Open Meetings Act requirements, which could present a problem if staff members were appointed to the board. If three staff members happened to be in a room together, for example, it would constitute a quorum of the board and may lead to a violation. Thus, staff felt it was more prudent to recommend a group of temporary directors who were involved in economic development. Mr. Kinnison was still opposed to staff's recommendations for temporary directors because he did not feel they were the most qualified to plan the WiFi marketing plan. He asked the Council to postpone the appointments if possible. Mr. Kinnison also asked if staff could prepare a detailed analysis of the $2.75 million budget transfer for the next WiFi discussion. City Manager Noe answered affirmatively. He also asked for more details on the ISPs. Mr. Garcia concurred with Ms. Cooper's statement that staff should put the community's needs first, not economics. He also asked Mr. Herbst for a brief update on current legislation regulating local control over cable and Internet. Mayor Garrett called for public comment, and there was none. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 026635 Resolution approving formation of the CC Digital Community Development Corporation, and approving its Articles of Incorporation and Bylaws. 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. Minutes - Regular Council Meeting January 31, 2006 - Page 19 Mayor Garrett opened discussion on Item 23 regarding the proposed re-use of the Memorial Coliseum. Assistant City Manager Oscar Martinez reported that the Council had identified downtown revitalization as one of their priority areas during the May Council retreat. Specifically, the Council directed staff to identify a re-use development plan for the coliseum by the end of the year. In July 2005. staff mailed 56 Request for Qualifications (RFQ) to local and nationwide developers. He stated that seven companies responded, but of these three companies, Busch Entertainment, Glenn Lyons, and Captain Jack Little, declined to submit a Request for Proposal (RFP). Subsequently. the remaining four companies were eligible to continue with the RFP process as follows: LandLord Resources, NRP Group, TRT Development Company, and Wisznia Associates. Mr. Martinez discussed the RFP requirements in more detail. He said the proposers were asked to describe their core competency; provide a general description of the project concept, encourage economic development; address community needs and encourage re- development of the surrounding area; describe how they would memorialize the heritage of the building and plaque; and explain the estimated cost and projected revenues for the project, among many other requirements. By contrast, he emphasized that the RFP did not pre- determine the type of project to be submitted. Mr. Martinez reported on the four proposals that were submitted. First. LandLord Resources did not submit a proposal; rather, they suggested that the City provide them an opportunity to facilitate and manage the process. Second, the NRP Group proposed the construction of Vista de la Bahia, a 231 multi- family community adjacent to a newly adapted re-use of the Memorial Coliseum. They proposed deconstructing the coliseum, removing the roofing, walls, interior, floor slabs, seating and a portion of the frame to transform the area into an outdoor public venue. They proposed to re-use the plaque and place it in a prominent place. The estimated project cost was $33 million. The NRP Group was requesting tax abatements for the term of the lease. Third, the TRT Development Company proposed a "Boardwalk by the Bay" family entertainment center, including a 1 DO-foot Ferris wheel designed to draw visitors to the Bayfront. The entertainment center would include state-of-the-art rides, attractions, restaurant, concession, and retail facilities. An amphitheater with seating and an open space for small concerts and performances was also planned. Finally. TRT proposed memorializing the plaque in an amphitheater, or offered to provide the City with $25,000 to relocate the plaque in an appropriate site adjacent to the project. The estimated project cost was $30 million. Mr. Martinez said TRT was fully funding the project, and the city would share 50/50 in the cash flow from the project once they had recaptured their costs. In addition, they requested the City's assistance in applying for an Enterprise zone. Finally, they anticipated completing the project in 21 months. Fourth, Wisznia Associates proposed a "Paseo del Mar" development, a mixed-use concept retaining the coliseum structure for use as a gourmet grocery store, with a 4,000 square-foot nightclub. They also proposed constructing an additional 65,000 square-feet of retail in four building blocks paralleling the waterfront with 60 apartments, averaging 900 square-feet each, above the retail space. Other features included an axis wind turbine and a boardwalk. Wisznia Associates offered to memorialize the heritage of the building by retaining the coliseum. The estimated project cost was $30 to $36 million. Mr. Martinez stated that the RFP evaluation process consisted of a four-tiered review, Including an administrative review conducted by the Purchasing department to ensure that Minutes - Regular Council Meeting January 31, 2006 - Page 20 proposals met the RFP requirements for timeliness, content and format. A second review was conducted using the design team for the Bayfront Master Plan (Phase 1) to determine if the projects were consistent with the goals and objectives. PFK Consulting conducted a third assessment of the proposals, focusing on the technical aspects. Finally. the city team, comprised of representatives from key departments, made the fourth assessment. Mr. Martinez reported that PKF ranked the TRT Development as the top proposal because of their financial strength and the project's potential to attract business and to establish the city as a convention and leisure destination. They ranked NRP second, and Wisznia lowest. The Bayfront Master Plan design team ranked the TRT's Boardwalk by the Bay as the top proposal because it will serve as a draw to the area and create spin-off opportunities for pedestrian-focused development. They commented that the housing-based proposals bring smaller quantities of visitors, and are less flexible to respond to changing market conditions. Finally. Mr. Martinez said the city team reviewed the proposals, considering the input from the consultants and ranked the proposals highest to lowest. They considered a number of key factors in their decision as follows: consistency with the Bayfront Master Plan and the South Central Area Development Plan; public use/memorialization of veterans; opportunity for economic growth; flexibility in adjusting elements of the plans; the current market; and the proposer's financial strength. Consequently, the city team recommended that the Council authorize the City Manager to enter into negotiations with TRT Development group for the re- use of the Memorial Coliseum area. Mr. Martinez displayed a composite scoring matrix Including the scores of the design team, city team, and PKF. Ms. Cooper was strongly opposed to the TRT proposal because it was too similar to the Landry's proposal that had caused such a public outcry several years ago. She pointed out that the Ferris wheel in the Landry's proposal was especially controversial. and she could never support the TRT proposal as it stood. She chastised staff for ranking the TRT proposal as the top proposal based on this past experience. She ranked the Wisznia Associates proposal as the top proposal. Mr. Martinez replied the goal of the RFP process was to identify the objectives to be achieved, not the uses. He said staff was asking for an opportunity to negotiate with TRT to se if their proposal can become acceptable to the Council. Ms. Cooper answered that she could not see how staff could make the proposal acceptable to the public, and she found this recommendation very disturbing. Mr. Martinez pointed out that the TRT proposal's lease terms were much more favorable to the city than Landry's proposal. Ms. Cooper stated that her concern was with the aesthetics of the project, not the financials. Mr. Chesney stated that it was unfair to compare the TRT proposal to the Landry's project. He said TRT was offering to spend $30 million of its own funding for the project, and he felt it was a phenomenal plan. While he was unsure about the Ferris wheel. he thought the planned festival site and entertainment were worthy of consideration. He also suggested that an ice skating rink could be added to the plan. He thanked staff and the rest of the evaluation team for their efforts, and he agreed with their ran kings. He felt the Wisznia plan did not have strong financials. Mr. Scott commented that during the Landry's controversy, the city was criticized because it did not have a master plan for the Bayfront area. Now, the city did have a Bayfront Master Plan, and the plan included a festival site. He thanked TRT for offering to spending $30 million of its own money for the project. He acknowledged. however, that the plan was similar to the Landry's proposal, especially the Ferris wheel. He said other landowners in the area would Minutes - Regular Council Meeting January 31, 2006 - Page 21 have a view of the Ferris wheel. Thus, he asked that the Ferris wheel be removed from the plan if at all possible. Mr Kinnison thanked staff for carrying out the stated purpose of the RFP. He felt the Wisznia proposal was not economically feasible, and did not really memorialize the area. He asked staff to meet with the Council before engaging in negotiations to find out what the issues were before making a deal In conclusion, he concurred with staff's recommendations. Mr. Noyola spoke in support of promoting housing developments in the downtown area. While he liked TRT's financial strength, he was uncertain whether their proposal truly memorialized the coliseum. He also thought the city should seek public input on their proposal before pursuing it. He preferred to keep the coliseum intact rather than tear it down in case it was needed, and spoke in support of repairing the facility. Mr Garcia spoke In support of staff's recommendations. He asked Mr. Raymond Gignac, a design team member. for his thoughts regarding the TRT project. Mr. Gignac replied that while the TRT proposal was not exactly what they had envisioned for the Bayfront, they felt nevertheless that the proposal promoted a public use and that it was in the spirit of the Bayfront Plan. Mr. Garcia stated that all three proposals were excellent, but he felt that the TRT proposal was a good starting point for negotiations. Mr. Marez spoke in favor of obtaining more public input on the proposals. He said the public had expressed concern about how the city planned to memorialize the coliseum and area veterans. He spoke in favor of retaining the coliseum building, and possibly moving the plaque to Sherrill Park. Ms. Cooper stated that she appreciated TRT's desire to invest in our community, but felt It was premature for the city to enter into negotiations today without seeking public input. She wanted TRT to provide more information on what they meant by an entertainment park, and she wanted them to omit features she found offensive, like the Ferris wheel. Mayor Garrett stated that the Bayfront Master Plan had included an extensive public mput period. Although he did not feel the community would support a Ferris wheel, he understood from staff that the aspects of the plan were negotiable. He spoke in support of obtaining public input on the proposals. He said he would like to see quality retail shops and entertainment, and an appropriate memorial. He spoke in support of the TRT proposal, emphasizing that he did not want the decision to drag out for months. A discussion ensued about the nature of the negotiations. Mr. Kinnison asked if a closed session could be held on the issue before staff began negotiations. City Attorney Fischer answered affirmatively. Mayor Garrett wished to minimize any closed sessions on the Issue because he wanted the process to be as transparent as possible. Mr. Noe replied that from business standpoint, the RFP process rendered the negotiations as straightforward as possible. Mayor Garrett asked for public comment. Mr. Peter Kending with Air Czar, a Bayfront helicopter operator, asked for an extension to his contract so he could continue to use the Memorial Coliseum grounds as a landing spot during the negotiation period. Mr. Noe replied that staff would discuss the matter with him. Minutes - Regular Council Meeting January 31, 2006 - Page 22 An unidentified gentleman, representing the Buena Vista project being developed between Water Street and Shoreline Boulevard, stated an amusement park development would kill his project. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2006-029 Motion authorizing the City Manager or his designee to enter into contract negotiations with the selected proposer regarding the proposed re-use of the Memorial Coliseum. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper voting UNo" * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced that the City Hall in the Mall event would be taking place this Saturday. Mayor Garrett asked staff to revisit the city's liveaboards policy. Mr. Noyola asked staff to inform the West Oso ISD superintendent and athletic director about the status of the West Oso tennis court repairs. He also asked for information how the city fines citizens for brush pick-up violations. Mr Kinnison asked for a hotel/motel tax revenue report structured like the sales tax revenue month by month report. He also asked if the city was still using tippers despite the Implementation of the automated trucks. Mr. Noe replied the city still used tippers in some neighborhoods if appropriate or if an automated truck was in disrepair. There being no further business to come before the Council. Mayor Garrett adjourned the Council meeting at 4:45 p.m. on January 31, 2006. 2 a. COASTAL BEND COUNCIL OF GOVERNMENTS - Two (2) vacancies with terms to 4-30-07. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two-years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS Mayor Henry Garrett Council Member Bill Kelly Council Member Jerry Garcia Council Member Mark Scott George K. Noe, City Manager Ed Garaiia, Water Superintendent ***ClifMoss Ron Massey, Assistant City Manager Margie Rose, Assistant City Manager TERM 4-30-07 4-30-07 4-30-07 4-30-07 4-30-07 4-30-07 4-30-07 4-30-07 4-30-07 ALTERNATES Annando Chapa, City Secretary Tom Utter, Special Assistant to the City Manager Oscar Martinez, Assistant City Manager Yvonne Haag, Director of Neighborhood Services ***J.1. Adame, Fire Chief Angel Escobar, Director of Engineering Ogilvie Gericke, Director of MIS ***Resigned (Note: Staffis recommending Oscar Martinez, Assistant City Manager, to replace Clif Moss and Richard Hooks, Acting Fire Chief, to replace alternate J.J. Adame.) b COMMISSION ON CHILDREN AND YOUTH - One (1) vacancy with term to 5-01-07 representing the category of Sheriff s Office. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriffs Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community-based organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS Vicky Alexander (Health), Vice Chair Miles Toren (At Large) Amanda Stukenberg (At Large) George "G" Johnson (Social Services) Sheri Phillabaum (Religion) Laura Spear Smith (Business) Guy Nickelson (Youth Services) Drew Reining (Education) Liana Gonzales (At Large) Penny Grochow (Law Enforcement) Lauren Ranly (Legal) Caitlin Martin (Youth Rep.) Coretta Graham (D.A. 's Office) ***Lt. Martin Arnold (Sheriffs Office) Capt. Tim Wilson (Police Off.) Dr. Philip Rhoades TERMS 5-01-06 5-01-06 5-01-07 5-01-08 5-01-07 5-01-08 5-01-06 5-01-07 5-01-08 5-01-08 5-01-06 5-01-07 5-01-06 5-01-07 Advisory Advisory ORIGINAL APPTD.DATES 2-12-02 9-20-05 6-08-04 5-17-05 5-17-05 5-17-05 11-08-05 2-12-02 6-11-02 7 -09-02 3-19-02 1-10-06 5-17-05 5-17-05 12-06-95 8-16-94 ***Resigned (Note: The Sheriff's Office is recommending the new appointment of Captain Vidal De La Cerda to fill the Sheriffs Office position.) Capt. Vidal De La Cerda Captain - Field Operations Section, Nueces County Sheriff's Department. Holds a permanent crime prevention inspector license, Master Peace Officer License, Texas Commission on Law Enforcement Officer Standards and Education instructor license. Current member of Operation Clean Sweep and Local Emergency Planning Committee. (Sheriff's Office) (2-07-06) c COMMITTEE FOR PERSONS WITH DISABILITIES - Four (4) vacancies with two-year terms to 2-01-08 DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate III 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 City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with 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 voting member of the Human Relations Commission. MEMBERS *Linda Fallwell-Stover, Chairperson * Abel Alonzo Mary J. Saenz Brian Watson Roberto M. Flores *James M. Duerr *Toni Padilla Eloy Soza David Walker Park & Recreation Director Human Relations Director Building Official *Seeking reappointment TERM 2-01-06 2-01-06 2-01-07 2-01-07 2-01-07 2-01-06 2-01-06 2-01-07 2-01-07 Ex-officio Ex-officio Ex-officio ORIGINAL APPTD.DATE 2-27-01 7-12-05 8-21-01 11-11-03 2-27-01 8-23-05 2-27-01 2-27-01 2-15-05 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Linda Fallwell-Stover Abel Alonzo James M. Duerr Toni Padilla NO. OF MTGS. THIS TERM 12 5 3 12 NO. PRESENT 11 3 (2 excused) 3 9 (3 excused) % OF ATTENDANCE LAST TERM YEAR 92% 60% 100% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Thomas E. Dreyer Received M.A in Psychology. Member of the Veterans Band of Corpus Christi. (8-04-05) "l'orma 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) Dwight Jolliffe Retired. Attended community college for Liberal Arts. President of the Blind Leaders, Past President of the Bridge over Darkness and Christian Tape Ministry. (7-21-05) 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 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) Russell Stowers Director Physical Therapist Assistant Program, Del Mar College. Received AA.S. in Physical Therapy, B.S. in Community Health, M.S. in Education Technology and Ed.D. Graduate 2006. Activities include: American Physical Therapy Association, Texas State Guard/Texas Medical Rangers. Received Leadership and Teaching Excellence Award and 2005 Outstanding Academic Advisor. (1-22-06) Rosa M. Valdez Marketing/Sales, TIBH Industries, Inc. Received RA. in Liberal Arts from Texas A & M University - Corpus Christi. Activities include: Parent volunteer of National Hispanic Institute, c.c. Business & Professional Women's Club, Leadership Corpus Christi Class and Steering Committee and the Del Mar College TACHE Organization. (J -13-05) d. PARK AND RECREATION ADVISORY COMMITTEE - One (1) vacancy with term to 8-23-06. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. MEMBERS Sandra Billish, Chairperson Rome Gregorio, Vice-Chairperson ***Davie Cissna Teresa Carrillo Dorrinda Garza Mari Whitworth Jamie Pyle Hunter Young Carl Suding Buddy Sparks Gregory T. Perkes TERM 8-23-06 8-23-06 8-23-06 8-23-07 8-23-06 8-23-07 8-23-07 8-23-07 8-23-07 8-23-06 8-23-07 ORIGINAL APPTD. DATE 9-14-99 8-22-00 8-20-02 8-23-05 8-20-02 1-18-05 1-18-05 5-18-04 8-17-04 5-10-05 4-22-03 ***Resigned (Note: The Park and Recreation Advisory Committee is recommending the new appointment of Russell Stowers.) INDIVIDUALS EXPRESSING INTEREST Garrett Dorsey, III Purchasing Manager, Hogan Homes Inc. Attended Stephen F. Austin College. Current President of the Padre Island Little League. (7-19-05) Jamie Duff Government Intern, CorpusBeat Magazine. Received B.A. in English at Texas A & M University and currently pursuing M.A. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Focus and Church of the Good Shepherd Bell Choir. (1-06-06) Michael A. Garcia General Manager, Pete's Chicken-N-More. Received B.S. in Electrical Engineering. Activities include: National Restaurant Association and Texas Restaurant Association. (6-10-05) Rene R Gutierrez Juvenile Probation Officer, Nueces County Juvenile Probation Department. Received AA, B.S. in Criminal Justice and M.A in Public Administration Management. Activities include: Leadership Corpus Christi XXXIII, Mentor, and Youth Continuation Care Coalition. (4-19-05) Judy E. McNamera Administrator, Caring Senior Service. Received B.S. from Texas A & M University - Kingsville. Activities include: member of the STSWS and TRACM. (4-29-05) Russell Stowers Director Physical Therapist Assistant Program, Del Mar College. Received A.AS. in Physical Therapy, B.S. in Community Health, M.S. in Education Technology and Ed.D. Graduate 2006. Activities include: American Physical Therapy Association, Texas State Guard/Texas Medical Rangers. Received Leadership and Teaching Excellence Award and 2005 Outstanding Academic Advisor. (1-22-06) e. WEED AND SEED STEERING COMMITTEE - One (1) vacancy with two-year term to 11-01-07 representing Site 2. (Note: Site 1 member is no longer part of the Weed and Seed program.) DUTIES: Provide program oversight and make recommendations to City Council. COMPOSITION: A total of nine committee members. The City Council shall appoint two (2) residents each from Site 1 (North) and Site 2 (West). There is no longer a requirement for the Site 1 representatives. One representative shall be appointed by each of the following entities: Corpus Christi Police Department, West Oso lSD, Corpus Christi lSD, Housing Authority, County Attorney's office, District Attorney's Office and the U.S. Attorney's office. A Weed and Seed Program staff member and the Park and Recreation Department Program Director shall serve as ex-officio, non-voting members. rhe u.s. Attorney representative will serve as Chairperson of the Committee. The Chairperson votes only in the event of a tie and becomes the tiebreaker This committee will expire on August 31, 2006, unless funds for the program end sooner MEMBERS Debra Hoble (U.S. Atty.), Chairperson Juan Meave Jr. (Site 2) *****Lucio Garcia (Site 2) Cmdr. JV Garcia (CCPD) Georg Johnson (CCISD) Richard Franco (Housing Authority) Laura Garza Jimenez (County Atty.) Dr. Maurice Portis (West Oso ISD) Gail Gleimer (District Attorney's Office) George Hodge (Weed and Seed) Sally Gavlik (Park and Recreation) TERM Ex-officio, nonvoting 11-01-06 11-01-05 Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, voting Ex-officio, nonvoting Ex-officio, nonvoting ORIGINAL APPT. DATE 11-12-02 11-09-99 *****Has met the six-year limitation allowed by ordinance INDIVIDUALS EXPRESSING INTEREST ReceptionisuRecreation Advisor, Fighting to Rid Gangs in America. Assist as a volunteer at local schools. (Site 2) (2- 02-06) Linda L. DeLeon Retired. Active member of the AARP - Community Action Agency. Helps at Senior Centers and local churches. Received the AARP Andrus Award. (Site 2) (1- 12-06) Frances E. Garza 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for approximately 118,000 lbs. of drop- on type glass spheres, in accordance with Bid Invitation No. BI-0070-06 from Swarco Reflex, Inc., Mexia, Texas, based on low bid for an estimated annual expenditure of$31,388.00. This item will be used by Street Services. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager, or his designee. Foods have been budgeted by the using department in FY 05-06. ..........*...**...........**............*.*.*........*..*.*..*......*...........*......... Purpose: This item will be used by Street Services to mix with traffic marking paint to make the paint reflective. Previous Contract: The option to extend the previous contract was not exercised due to the vendor's inability to maintain current pricing. Bid Invitations Issued: Nine Bids Received: Two Price Analysis: Pricing has increased 17% since the last contract of November, 2004. According to the vendor, this is partially due to the rising cost of raw materials and transportation. Award Basis: Low bid. Funding: Street Services - 520130-1020- 12430 $31,388.00 Michael B era, Procurement & General Services Manager BID INVITATION NO: BI-0070-06 GLASS SPHERES QUANTITY: 118,000 LBS BUYER: Maria Garza Date: 12/21/05 DESCRIPTION QTY CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION MEXIA, TX. UNIT EXTENDED PRICE PRICE ROADRUNNER TRAFFIC SUPPLY. INC. FORTH WORTH. TX UNIT EXTENDED PRICE PRICE 0.266 531.388.00 0.50 $59.000.00 DROP-ON TYPE GLASS SPHERES, STANDARD 118.000 Ibs. 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0211412006 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to accept additional grant funding in the amount of $10,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $10,000 from the Texas Department of Transportation for additional funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas continues to lead the nation in the number of OWl deaths, injuries and alcohol related crashes, funds are available to conduct a special Impaired Driving Mobilization overtime enforcement program. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing additional funding for Impaired Driving Mobilization STEP for the period of February 1, 2006 through - June 30,2006. The grant places overtime officers across the City with various hours of operation. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the State providing 100% of the salary and retirement. The City provides mileage costs at $2,030 from the FY 05/06 Police Uniform budget. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT Amendment Number 1 Misc. Contract Number. 585XXF6178-02 Charge Number: 06-02-02-BI-AU p~: 17460005741000 Amendment Number! THE STATE OF TEXAS THE COUNTY OF TRAVIS The Department and the Subgrantee executed a grant agreement on 06/24/05 to conduct a traffic safety project with the project title of STEP - hnpaired Driving Mobilization ODM 163). The undersigned parties of the above numbered Grant Agreement mutually understand and agree to amend said Grant as noted below (check all that apply): [81 Revised Grant Period [81 Revised Approved Project Description [81 Revised Action Plan t8] Revised Maximum Amount Eligible for Reimbursement t8] Revised Approved Project Budget o Other (describe below) Brief description of revision(s): Subgrantee will extend the proiect thmneh June 30. 2006: Subgrantee will increase the proiect budget by $10.000.00: Subgrantee will increase enforcement and PI&E numbers on ap,proved PTQject description in relation to the increase budget amount: The following revised grant aUac1unents are attached to this amendment: Form 2075-LE (Grant Agreement). Form 2077-LE (Project Budget). Form 2076-LE (Traffic Safety Project Description). and Form 1851-LE (Action Plan)' Attach revised Grant Attachments to this amendment document if necessary. This Amendment shall become effective when fully executed by both parties. All other terms and conditions of the Approved Grant Agreement not hereby amended remain in full force and effect. SUBGRANTEE: City of Corpus Christi By:___________ (signature) Date: Typed or Printed Name and Title: George K. Noe. City Manager STATE OF TEXAS: TEXAS DEPARTMENT OF TRANSPORTATION By: Date: (signature of District Engineer or designated alternate) Typed or Printed Name and Title: By: Date: (signature of Director, Traffic Operations Division) Traffic Safety Grant AfQ"eement Amendment Paf,!e 1 of I TxDOT Form 2078 (rev. 3/18/2004) TxOOT Form 2077-LE (rev. 7119120(4) Page 2 of 2 Attachment E Prqect TIle: STEP - ImpUed 0rMng Mobiization (10M 163) Subgrartee: CIty << Corpus Christi Fiscal Year: 2005-2006 [81 Check here if this is a revised budget. Date Revised: 2/14106 Budget Category n - Other Direct Costs (300) Travel* Reimbursements will be in accordance with Subgmntee's travel policy. Subgrantee must bill for actual travel expenses - not to exceed the limits reimbursable under state law. A Travel and Per Diem (includes conferences, training workshops, and other non-enforcement travel) ............. B. Subgraotee Enforcement Vehicle Mileage: Rates used only for budget estimate. Reimbursement will be made according to the approved subgraotee's average cost per mile to operate patrol vehicles, not to exceed the applicable state mileage reimbursement rate as established by the Legislature in the travel provisions of the General Appropriations Act. Documentation of cost per mile is required prior to reimbtmemenl. 3.500.00 miles @ ~ per mile ........ ............. Total TraveL.............. ..... ........ ..........-... (400) Equipment*..... ............................. ............... (500) Supplies*.. ..... ..... ...... ........ ...................-........... (600) Contractual Services* ...........-.............-...............-.. (700) Other MisceIlaneous* A Registration fees (training, workshops, cooferences, etc.) ........ -. R Public information & education (pI&E) materials ....... 1. Educational items = $_ (eg.: brochures, bumper stickers, posters, fliers, etc.) 2. Promotional items = $_ (eg.: key chains, magnets, pencils, pens, mugs, etc.) C. Other*.......................-....... ....-.......... . ................ . Total OtherMisceUaneoos......... .......... . ................ IL Total Other Direct Costs (300 + 400 + 500 + 600 + 7(0) . Budget Category m - Indirect Costs (800) Indirect Cost Rate* (at _ %) -..... -. Summary: Total LaOOr Costs ...................................................................... Total Other Direct Costs.._....................................................... Total Indirect Costs ....... ............................................................ Gra.nd Total (I+ll+llI) .................................................... Fund Sources (percent Share) ..................................................... 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'S ==' e 8 8 . ,,-... ,,-...\0 NO -0 oN ~ o~ ....M .S 1: ~3' ~'"'" 0.1 'u tn -- 0 lao o.Nn -0- ;~ fI.l~ c::- 0-0 ".;:; 0 tIS'l:: l:l Q) ~ 0. ~l:l "'" ~ 0.8 ~~ -2 ""'&3 ~ c:: &3 ~ "t':'-O v ~ .g -; S~ u ~ N l:::: .s ;gQ.. ~c; -. ~ ~<:: ~ ~~ .....a Attachment E ~. Traffic Safety Project Budget ~= ~;r2LE (rev. 7/19120(4) (for Law Enforcement Projects) Projed Tide: STEP -Imoeired Orivina Mobilization (10M 163) Name of Subgraotee: City of Corpus Christi Fiscal Year: 2005-2006 IZI Check here if this is a revised budget. Date Revised: 2/14106 Budget Category I - Labor Costs (180) Salaries r8I Overtime or 0 Regular Time Salary rates are e.oillUlted for budget pmposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy and salary rate. List details: A. Enforcement (overtime) 1. OfficerslDeputies: l21J!Q hrs. @ $35.00 per hr. 2. Sergeants: _ hrs. @ $_ per hr. 3. Lieutenants: _ hrs. @ $_ per hr. B. PI&E Activities (overtime) See Grant Instructions _ hrs. @ $_ per hr. e. Other (i.e., overtime stan: supervisory support, conducting swveys) See Grant Instructions Specify: administrative DaDerWOrk 37.00 hrs. @ $35.00 per hr. Total Salaries ................... ......... .... .... ......... ..................... .......... <_) Friaae Benefits* Specify fringe rates: A. Overtime: 21.68% B. Part-Time:_% e. Regular Time: _% Total Fringe Benefits.. ..... .... ........................ .... .............. .......... L Total Labor Costs (100 + 2(0).................................................... (Round figures to nearest dollar) Otherl TIDOT St.teJLocal TOTAL 26,635 26,635 o o o 1,295 27,930 1,295 27,930 o 6,055 6,055 o o 6,055 33,985 6,055 33,985 o o . Bu4Iget Detail Required: As an attaclnnent to the budget, a justification and a detailed cost breakdown is required for all costs included for Fringe Benefits (200), Travel and Per Diem (300), Equipment (400), Supplies (500), Contmctual Services (600), Other Miscellaneous (700), and Indirect Cost Rate (800) RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT GRANT FUNDING IN THE AMOUNT OF $10,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME PAY WITHIN THE POLICE DEPARTMENT AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept grant funding in the amount of $10,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) Grant for OWl enforcement overtime within the police department and for overtime to execute all related documents for the time period of February 1, 2006 through June 30, 2006. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor / Approved as to form f ('t;v7/0 g I 2006 ~(~ JosephH rney ~ () Assistant City Attorney For City Attorney Corpus Christi, Texas of ,2006 The above resolution 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 ORDINANCE APPROPRIATING $10,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR OWl ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) Grant for DWI enforcement overtime for the time period of February 1, 2006 through June 30, 2006 in the No. 1061 Police Grants Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient 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 effect as an emergency measure upon its first reading, this, the 14th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form ,h~~ t I 2006 JOSephH~ Ih(S/ Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi. Texas For the reasons set forth in the emergency ctause 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, l!we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, 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 Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark: Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 31. 2006 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock HE" Peoples Street T-Head. with $23.000 match from the No. 3233 Marina Development CIP Fund. B. Ordinance appropriating $69,000 grant from the Texas Parks & Wildlife Department in the NO.1 058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump- out System for Dock "E" Peoples Street T-Head grant; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a $69,000 grant from the Texas Parks & Wildlife Department. The Corpus Christi Marina is demonstrating its concern for providing the public with "Clean Vessel Act Program" facilities. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: None. FUNDING: Grant award requires a twenty five percent commitment of funds or in-kind contributions from the City. This commitment comes from budgeted amounts within the No. 3233 Marina Development CIP Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance Attachment: Background Information BACKGROUND INFORMATION Federal funds through the Clean Vessel Act of 1992 allow private marinas and local governments to receive grants to install boat sewage pump-out stations in Texas. As evidenced by being the first Marina in the State of Texas to receive the Certificate of Designation for the "Clean Texas Marina Program," which is a joint project of the Marina Association of Texas, Texas General Land Office, Texas Commission on Environmental Quality, and the Texas Sea Grant College Program, the Corpus Christi Marina has environmental protection set as a top priority. At the Corpus Christi Marina, whether boaters are tenants or just visiting, they all enjoy clean water which increases the Marina's occupancy. This pump-out station will help the Marina reach its goal of live-aboards and remain a 21 sl Century Marina. The Marina's new docks on Peoples Street T -Head are designed with a vacuum sewage system incorporated into the docks. The new Boaters' Facility has bathrooms, and new larger boat slips are going to be added as part of the Marina expansion on the Peoples Street T-Head. The City will be able to offer live-aboard status. The Corpus Christi Marina will be the only Marina in Texas to offer a vacuum sewage system incorporated into the docks, which illustrates that even the City's Marina is technologically advanced, environmentally friendly. and will be held as an example for other Marinas to follow. In addition, concern regarding clean water is that the General Land Office monitors the quality of Marina's water on a monthly basis. CORPUS CHRISTI MUNICIPAL MARINA "COASTAL PUMP.OUT GRANT" Phase'1 Work to begin December 2005 V!SIting Tmn:5!ent Ves:5e'~ Dock "E" Peoples Street T-He~d, New Dock Construction Curb, Gutter and A5phalt Work Cost Central Vacuum Pump-Out System Cost Sanitary Sewer Piping Cost Trench Work Cost TOTAL COST PHASE "1 $ 21,735.00 34.980.00 19,757.00 15.52600 $ 92,DOO.00 /' '~:OMMjSSIONE RS JC'SE:PH B,C, FITZSIMONS CHAIRMAN SAN ANTONIO ALVIN L HENRY VtCE-CHAIRMAN HOUSTON ROBERT BROWN EL PASO T. DAN FRIEDKIN HOUSTON NED S. HOLMES HOUSTON PETER M HOLT SA.N ANTONIO PHILIP MONTGOMERY DALLAS ....:)HN 0 PARt<.ER LUFKIN DONATO D. RAMOS LAREDO LEE M. BASS ,= HAIRMAN.EMERlTUS FORT WORTH ROBERT L, COOK E XE:CUTIVE DIRECTOR r:-tq o~ Take a kid hunting or fishing . . . Visit a .tate park or historic site 4200 SMITH SCHOOL ROAD AUSTIN. TEXAS 78744-3291 512389.4800 tPW(j state.txJ:-' RECEIVED JAN 1 2 2006 c.c. MARINA January L), 2U06 Mr. Peter Davidson Corpus Christi Marina PO Box 9277 Corpus Christi, Texas 78469-9277 Re: Corpus Christi Marina Boat Sanitary Pump-out System for Dock "E" Peoples Street T -Head Project Number V-7-D-(D) Dear Peter: We have received the clearance from the U.S. Fish & Wildlife Service for your pump-out grant The total cost of the approved project is $92,000 of which $69,000 (75% Federal share) is to be reimbursed to you by the Department. Two copies of the Construction Agreement are enclosed. Please have both copies of the agreement signed and dated, keep one for your records and return one to the Department. Please address all correspondence to Recreation Grants Branch and include the project name and number on all submissions. If you have any questions, please call me at 512/912-7128. Your efforts to provide public Clean Vesse! Act Program facilities are conunendable, and we look forward to working with you on this project. Sincerely and Happy New Year, Go~ Andy Goldbloom Recreation Grants Branch Enclosure To malta~{' and consene the natural at/d mllum{ resources of Te.ms and to provide hurtling, fishing alld outdoor recreation ofil)(lrtllnities fin' the liSt' at/d enjo)'ment o/present and fllttwe generations. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $69,000 IN THE NO. 1058 MARINA GRANTS FUND FOR PHASE #1 OF THE CORPUS CHRISTI MARINA BOAT PUMP- OUT SYSTEM FOR DOCK "E" PEOPLES STREET T-HEAD, WITH $23,000 MATCH FROM THE NO. 3233 MARINA DEVELOPMENT CIP FUND. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager. or designee. is authorized to accept a grant from the Texas Parks and Wildlife Department in the amount of $69,000 in the No.1 058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina boat Pump-out System for Dock "E" Peoples Street T-Head, with $23,000 match from No. 3233 Marina Development CIP Fund. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: 24 January 2006 ~~ Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H :\LEG-DIR\OlgaR\Doyle\Resolu.tion\06.0127 DC Acpt $69K. T xP&W .Phase#1 .CCMarina.BoatPump. OutDock.E.Res.doc Page 2 of 2 Corpus Christi, Texas _ day of , 2006 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 H '\lEG-DIR\OlgaR\Doyle\Resolu.tion\06.0127DC .Acpt.$69K TxP&W .Phase#1 .CCMarina.BoatPump. OutDock. E. Res. doc Page 1 of 2 ORDINANCE APPROPRIATING A $69,000 GRANT FROM THE TEXAS PARKS & WILDLIFE DEPARTMENT IN THE NO. 1058 MARINA GRANTS FUND FOR PHASE #1 OF THE CORPUS CHRISTI MARINA BOAT PUMP-OUT SYSTEM FOR DOCK "E" PEOPLES STREET T-HEAD GRANT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $69,000 grant from the Texas Parks & Wildlife Department is appropriated in the No. 1058 Marina Grants Fund for Phase #1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples Street T -Head Grant. 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 .2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved 27 January 2006 Henry Garrett. Mayor !2sc- Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:\DOCUME -1 \olgarlLOCALS-1 \ T emp\06. 0 127DC.Approp.$69K. T xP&W. Phase#1 .CCMarina.BoatPump.OutDock. E. Ord.doc Page 2 of 2 Corpus Christi. Texas day of ,2006. 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 The City of Corpus Christi 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:\DOCUME -1 lolgarlLOCALS-1 ITemp106. 0 127DC .Approp,$69K. T xP&W. Phase#1.CCMarina. BoatPump. OutDock. E. Ord.doc 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 14.2006 AGENDA ITEM: Ordinance TRANSFERRING $3.000 FROM THE NO. 1020 GENERAL FUND ACCOUNT NO. 202965 TO ACCOUNT NO. 13700; AND APPROPRIATING THE $3,000 TO PAY EXPENSES FOR "CELEBRATE TEXAS 2006"; AND DECLARING AN EMERGENCY. ISSUE: This Agenda Item is needed to Fund the costs of entertainment, sound and staging for the cultural festival, "Celebrate Texas" held March 4-5, 2006 at Heritage Park. This event will be sponsored by the City Parks and Recreation Department, Cultural Services Center with support from Andrews Distributing. Redding Communication, Clear Channel and Texas Radio. REQUIRED COUNCIL ACTION: $3,000 needs to be appropriated for the fiscal year 2005- 2006 to fund "Celebrate Texas". PREVIOUS COUNCIL ACTION: Last year, fiscal year 2004-2005 Council appropriated $2,000 for this event then named ''Texas Independence Day Celebration", Ordinance 026289. FUNDING: Funds in this account were originally received from grant moneys and vendor fees for the purpose of funding, when needed, special event programs for the City of Corpus Christi, Parks and Recreation Department. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this Motion. Funds in this account were originally received from grant moneys and vendor fees for the purpose of funding, when needed, special event programs for the City of Corpus Christi, Parks and Recreation Department. Attachments: Background Information BACKGROUND INFORMATION "Celebrate Texas" is the new name for the "Texas Independence Day Celebration" which was started to celebrate the historical background of the beginning of Texas. However, the Committee of community volunteers decided to enlarge our vision and "Celebrate" all things Texas which included a variety of music, cultural, dance and food. For the first time this year we will be expanding the program to include more of the Hispanic genre of music, dance and food. In addition, we will be bringing in more of the historical re-enactors who add lots of color and give the event a historical base. In addition we want to bring in storytellers and demonstrators with a decidedly Texas flavor. Kinky Freedman is one of our goals. We're thinking "big as Texas" and hoping to build this event into a must see and experience for all Texans. Page 1 of 2 ORDINANCE TRANSFERRING $3,000 FROM THE NO.1 020 GENERAL FUND ACCOUNT NO. 202965 TO ACCOUNT NO. 13700; AND APPROPRIATING THE $3,000 TO PAY EXPENSES FOR "CELEBRATE TEXAS 2006"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $3,000 in the No. 1020 General Fund Account No. 202965 is hereby transferred to Account No. 13700 and is appropriated to pay expenses for "Celebrate Texas 2006". 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this _ day of , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED 8 February 2006 ~~. Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H.\lEG-DIR\0IgaRIDoyleIOrdinanceI06 .0208 DC. Celebrate2006. transfr.approp. $3000 .ord.doc Page 2 of 2 Corpus Christi, Texas day of .2006. 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 I Henry Garrett, Mayor The City of Corpus Christi 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 H. \LEG-DIRIOlgaR\DoyleIOrdinance\06. 0208DC. Celebrat.e2006. transfr.approp .$3000 .ord.doc 7 CITY COUNCIL AGENDA MEMORANDUM Date: 02/14/06 AGENDA ITEM: Motion authorizing the City Manager or his designee to reallocate CDBG Program funds from the FY2004 Corpus Christi Police Athletic League T.C. Ayers project to the FY05 Corpus Christi Police Athletic League Ben Garza project. ISSUE: Amending scope of work in an approved Consolidated Annual Action Plan (CMP) funded projects requires City Council action and approval. PREVIOUS COUNCIL ACTION: 1) On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025738), which included the funding allocation for the FY2004 Corpus Christi Police Athletic League T.C. Ayers project for $87,000. 2) On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 026237), which included the funding allocation for the FY2005 Corpus Christi Police Athletic League Ben Garza project for $75,000. REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to reallocate CDBG Program funds from the FY2004 Corpus Christi Police Athletic League T.C. Ayers project to the FY05 Corpus Christi Police Athletic League Ben Garza project. FUNDING: FY2004 and FY2005 CDBG funds. RECOMMENDATION: Staff recommends approval of the motion as presented. fZ~~{)~ CD Administrator ADDITIONAL SUPPORT MATERIAL Background Information ~ --- ---~ BACKGROUND INFORMATION -- -- - --- -~~--~- -- -- PRIOR COUNCIL ACTION · On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 025738). Included was the approval of the Corpus Christi Police Athletic League Project. · On April 26. 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs (Resolution No. 026237). Included was the approval of the Corpus Christi Police Athletic League Project. PROJECT BACKGROUND Oriainal Scope In FY2004, the Corpus Christi Police Athletic League was allocated $87,000 of CDBG funds to "provide lighting and refurbishing of the baseball fields at T.C. Ayers fields to allow more hours for after school athletic activities and provide additional safety for the two areas." Due to unforeseen problems this project was expected to cost much more than what was available in terms offunding. After careful consideration, the Corpus Christi Police Athletic League Board of Directors' is requesting to reallocate these funds towards the Ben Garza project. Proposed Revised Scope The proposed revised scope of work entails the following scope of work at the Ben Garza Park: This includes developing "three baseball fields including backstops, fencing, bleachers, and lighting; a concession facility with restrooms, press boxes, public address system, security systems and storage: a playground area. walking exercise trail with lights, and off street parking facilities." 8 AGENDA MEMORANDUM City Council Action Date: February 14, 2006 SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AMENDMENT NO.6 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $866.302 for a total re-stated fee of $3,940,767 for the Water System Interactive Hydraulic Model and Analysis to include the City-wide Water Distribution Master Plan Update. ISSUE: The Water System Interactive Hydraulic Model and Analysis Project is being amended to include a City-wide Water Distribution Master Plan Update. The City last updated its Water Distribution System Maser Plan in 1997. In the intervening years, development of coastal areas outside of Texas has proceeded, leaving the Coastal Bend as one of the few remaining parts of the nation with undeveloped coastal areas. FUNDING: Funds for this project are available from the FY 2004-2005 Water Capital I mprovement Budget. ATION: Staff recommends approval of the motion as presented. r Eduardo Garana. P.E. Director of Water Services ngel R. Escobar, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\USERS2IHOMEIVELMAPIGEN\WATERI8487\AMENDMENT NO 6\AGENDA MEMO AGENDA BACKGROUND INFORMATION SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AMENDMENT NO.6 PROJECT BACKGROUND: The original contract provided for preliminary phase services for the Interactive Hydraulic Model. Council was advised that approval of a City-wide Interactive Hydraulic Model would be necessary to complete the project. AMENDMENT NO.6: Background: The City last updated its Water Distribution System Master Plan in 1997. The actual growth of the City has been in excess of that projected in the 1997 Master Plan, and there is now a need to update the Master Plan to better reflect actual growth on the City's south side and in the Flour Bluff and North Padre Island areas. As an example, the 2005 observed Maximum Day demand on the Island was in excess of 10 mgd, which exceeds the 1997 Master Plan projected Maximum Day Demand for 2005 by a factor of 2. The City has also initiated changes in its development review process. As part of the new process, the Water Department needs to have the tools to efficiently and effectively evaluate the impacts of proposed development on the City's existing and planned water distribution system facilities. The 1997 Master Plan is not structured to facilitate this type of review. The proposed Amendment NO.6 will provide a City-wide Water Distribution Master Plan Update. It will provide the City with a recommended set of capital improvements to accommodate projected growth, and will also provide City staff with the tools needed to proactively work with the development community. Proposed Amendment No.6: Amendment NO.6 consists of three (3) projects: . Project l' City-wide Water Distribution Master Plan . Project 2: System-wide SCADA Assessment . Project 3: Water System Interactive Hydraulic Model and Analysis Y:\HOME\l YNDAS\GEN\WATER\8487 - Water Syslem Hydraulic ModellAGENDA BACKGROUND.doc PROJECT ONE: City-wide Water Distribution Master Plan Project One Total: $76Q.052 Task 10 Long-Term Service Projections - Data Collection/Demand Prolections The objective of this task is to determine the City of Corpus Christi's long-term water service projections. In order to determine the long-term water service projections the Consultant will obtain existing long term planning information to evaluate future land use, population projections, future service area, economic development, potential customers, and water resource strategies. Once the planning data is collected and future development analyzed Long Term Water Demand Projections will be developed for the City of Corpus Christi's Water service area. Based on these projected demands Long Term Water Delivery Strategies and System Performance Criteria will be developed. Task 11 Modeling Analyses of Distribution System Expansion (5-20 Years) The objective of this task is to use the Water System Interactive Hydraulic Model to analyze the Water Delivery Strategies developed in Task 10 to define the recommended System Configurations and system performance criteria. The modeling analyses will focus on the system expansion for the next 5-20 year horizon. The Consultant will also define where possible pressure/service zone areas need to be developed, together with a plan for implementing the new zones. Then the Consultant will develop five intermediate modeling scenarios to assist in defining the infrastructure required to meet demand/growth for each 4 year planning period over the next 20 year study period (total of 5 periods). Task 12 Long Term Service Development The objective of this task is to develop a phased plan for the water system beyond the 5-20 year horizon analyzed in the Task 11. The phased plan will describe the production facilities including possible ASR wells and other sources/storage options, pumping (booster stations), transmission, and storage required to meet the system demands in the long term (beyond 20 years). The Consultant will use the results from previous tasks to develop 5 Long Term Water System Alternatives and then perform model analysis and coordinate with the City to determine the recommended strategy for the Water System Phasing Plan. Task 13 Cost Methodology The objective of this task is to develop cost estimate models for the Capital Improvement Program for the next five years that will comply with City practices and will be prepared for general planning purposes. Development of the cost models will be based on several sources, including the City's cost estimates, costs from recently completed water system studies, and data developed from Means Facilities Construction Cost Data. These cost models will be used to estimate individual items associated with each system configuration strategy, and will provide the City with an updateable tool to reassess CIP costs over time as unit costs change. H:\HOME\L YNDASIGEN\WATER\8487 Wale: Syslem Hydraulic ModellAGENDA BACKGROUND.doc Task 14 Distribution System Capital Improvement Proaram Development This task covers development of a near-term (5-year planning horizon) Distribution System Capital Improvement Program (DSCIP), and a Long-term (beyond 5-year planning horizon) DSCIP, both based on the anticipated development and results of the infrastructure planning. The near-term and long- term DSCIPs developed as part of this task cover recommended capital improvements to the Owner's water transmission and distribution system, including in-system pumping and storage facilities. The near-term and long-term DSCIP excludes recommended improvements related to raw water facilities, treatment facilities, and high service pumping facilities, as these items are outside of the general scope of this work. Task 25 Proiect Coordination This item consists of gathering information and coordinating with City representatives and other project team members by the following: . Data Collection Interviews . Monthly Progress Reports . Project Team Coordination Task 27 Proiect Deliverables This item consists of delivering the following information to City representatives: . Task Results Summary Documents . Draft & Final Reports . Executive Summary . Project CD-RaM's . Long Term Plan System Map PROJECT TWO: Svstem-wide SCADA Assessment Project Two Total: $30,~57 Task 42 Svstem-wide SCADA Assessment The objective of this task is to provide an assessment of the City's existing Supervisory Control And Data Acquisition (SCADA) Top-End System, communication system hardware infrastructure and strategy (excluding communication media assessment), and assess its ability for growth. This task also includes the effort required to investigate, research, analyze, and develop an interim cost effective solution related to existing issues associated with the Sand Dollar Ave Pump Station. There is a Workshop included in this task for reviewing the draft letter report to obtain comments and finalize. H\HOME\L YNDAS\GENIWATER\8487 - Water System Hydraulic ModellAGENDA BACKGRDUND.doc PROJECT THREE: Water System Interactive Hydraulic Model and Analysis Project Three Total: $75.993 Task 16 Model Trainina The Consultant will provide a two-day training course for two (2) City representatives covering application of the Corpus Christi water model to overall system analyses and system planning. Task 47 Water Department Capital Improvement Plan Update The purpose of this task is to integrate and summarize all currently programmed and/or recommended capital improvement projects, develop phasing alternatives, and assist the Water Department in prioritizing the projects based on need and fiscal considerations. There are two (2) Workshops included in this task, one to update the 2005-2006 CIP and the second to update the Water CIP when the Distribution System CIP from the Master Plan is incorporated. TOTAL AMENDMENT NO.6: $866.302. PROJECT BACKGROUND: Amendments to the original contract are as follows: . Amendment No.1 consisted of an updated interactive hydraulic model and analysis that will be used to update the 1995 Water Master Plan and includes field verification of the City's distribution system; inventory/analysis of valve system; review of water delivery system; provide steady state/extended period simulation analysis; all deliverables to be compatible with the City's GIS and all databases generated will be compatible with various water system modeling software. . Amendment NO.2 provided for the development of Phase 1 of contingency planning with federal and state agencies for the Oso Bay 30-lnch Pipeline Crossing. Contingency planning is necessary to allow the development of pre-negotiated responses with the U.S. Army Corps of Engineers (USACE), resource agencies, and the U.S. Naval Air Station of Corpus Christi. . Amendment NO.3 was a zero-cost amendment that extended the time of the Extended Period Simulation (EPS) Model Development. The consultant undertook a new task to collect, evaluate, and incorporate this data in the EPS Model Calibration. With the additional work begin undertaken and the resulting delay, the consultant anticipated needing a 90-day extension to complete this portion of the work. . Amendment NO.4 provided for the rehabilitation, replacement or re-routing of approximately 4,100 linear feet of 20-inch water line from near Dona Street to approximately 1.000 feet east of Navigation. HIHOME\LYNDASIGENIWA TERI8487 Wale' System Hydraulic ModellAGENDA BACKGROUND.doc · Amendment NO.5 consists of the following three (3) elements: 1. SOUTHSIDE TRANSMISSION MAIN, PHASE 7, PROJECT NO. 8393 Consists of the design of the recommended 36" transmission main from the end of Phase 6 located at Sea Pines Street to Sand Dollar Pump Station. This project shall include approximately 17,000 linear feet of 36" transmission main, tie-ins at Sea Pines Street and Sand Dollar Pump Station, and street crossings at Hwy 361, Whitecap Road, and Park Road 5. This project is required due to the existing single water feed on Padre Island being a 24" ductile iron pipe, which is over 30 years old. This project will tie the mainland Phases 1 through 6 of the Southside Water Transmission Main to Padre Island in order to upgrade and provide required TCEQ minimum flows to the Island. This project will include installation of a 36" line along the east side of Park Road 22 that will terminate at the Sand Dollar Pump Station. Design of this transmission main will be coordinated with the 2.5 MGD Aquifer Storage and Recovery Facility (ASR) (under separate contract) to meet projected demands and provide reliable water supplies for Padre Island. 2. SOUTHSIDE TRANSMISSION MAIN. PHASE 8, PROJECT NO. 8552 Consists of the design of the recommended 30" transmission main from Sand Dollar Ave. Pump Station to the proposed elevated storage tank on Padre Island. This project shall include approximately 26,000 linear feet of 30" transmission main, tie-in at Sand Dollar Pump Station, street crossings at Hwy 361, Whitecap Road, and Park Road 5. Also included in this project are the tie-ins of major transmission mains at Highway 361 and Whitecap Boulevard. This project is required due to the improvements on Padre Island and new TCEQ regulations for elevated storage requirements, an elevated storage tank will be installed on at the end of this main. This project will provide a 30" transmission main to supply the elevated tank and will be an integral part of the ASR for the Island. 3. PADRE ISLAND ELEVATED STORAGE TANK (1.0 MG), PROJECT NO. 8551 Consists of the design of the recommended 1.0 MG elevated storage tank south of the Kleberg County line. The elevated storage tank shall be designed to withstand severe coastal environmental conditions and will include cathodic protection and coatings. The elevated storage tank is required to alleviate pressure fluctuations on the Island due to demand spikes and electrical outages. It is also required to comply with TCEQ regulations since there is currently no elevated storage in the new pressure zone created by the Sand Dollar Pump Station Improvements. Design of the elevated storage tank will be coordinated with the 2.5 MGD Aquifer Storage and Recovery Facility (ASR) (under separate contract) to provide adequate storage for projected demands on the Island. H\HOMEIL YND~SIGEN\WATER\8487 - Water Syslem Hydraulic ModellAGENDA BACKGROUND.doc PRIOR COUNCIL ACTION: 1 November 18. 2003 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $507,157 for the Water System Interactive Hydraulic Model and Analysis Project (Motion No. M2003-420). 2. June 8. 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $361,816 for the Water System Interactive Hydraulic Model and Analysis Project (Motion No. M2004-221 ). 3. September 24. 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No.2 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $111,246 for the Water System Interactive Hydraulic Model and Analysis Project (Motion No. M2004-361 ). 4. June 28, 2005 - 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 for a total fee not to exceed $199,431 for the Water System Interactive Hydraulic Model and Analysis Project (Motion No. 2005-205). 5. December 20, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No.5 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $1,894,815 for the Water System Interactive Hydraulic Model and Analysis Project (Motion No. 2005-444 ). 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). 2. March 13. 2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002- Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. 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). 5. March 28, 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11, 2003 - Letter Of Notification 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). H:IHOME\lYNDASIGEN\WATERIB4B7 Wale' System Hydrauilc ModellAGENDA BACKGROllND.doc PRIOR ADMINISTRATIVE ACTION (continued): 7 April 17. 2003 - Addendum No. 1 to the Letter Of Notification 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 ). 8. April 25. 2003 - Addendum No. 2 to the Letter Of Notification 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 ). 9. August 4. 2003 - Letter Of Notification 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). 10. December 22. 2004 - Administrative approval of Amendment No.3 to the Contract For Professional Services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $0 for the Water System Interactive Hydraulic Model and Analysis Project. CONTRACT SUMMARY/FEE: A schedule and summary of fees is attached as Exhibit "B". H\HOMEIL YNDAS\GEMWATERI8487 . Water Syslem Hydraulic ModellAGENDA BACKGROUND.doc CONTRACT SUMMARY CITY -WIDE WATER DISTRIBUTION MASTER PLAN (Project No. 8555) SYSTEM-WIDE SCADA ASSESSMENT (Project No. 8556) WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (Project No. 8487) SCOPE: Amend Contract as follows under Additional Services: ADD: City-wide Water Distribution Master Plan (Proiect No. 8555) 10.0 Long-Term Service Projections - Data Collection I Demand Projections 10.1 Obtain and Evaluate Long-Term Planning Information 10.1 .1 Land Use & Long Term General Plan. Meet with City representatives and obtain current and historic land use plans and long-term general plan{s). Determine the intermediate planning periods and long-term planning horizon that will frame the overall master plan. 1 0.1 .2 Long- Term Population Projections. Obtain long-term population and growth projection from representatives of the City. Utilize this information in conjunction with other census data and area population projections to develop water supply and demand projections. 10.1.3 Determine Long-Term Service Area. In meeting with City representatives, determine long- term service area boundaries. 10.1.4 Define Extra Territorial Jurisdiction (ET J) and other water customers. Identify in coordination with City representatives existing and future water delivery obligations to ET Js and other adjacent water users 10.1 .5 Economic Development. In coordination with other City representatives, determine future economic development as it would affect water demand projections (timing and magnitude). 10.1.6 GIS Data. Coordinate with the IT Department to obtain current GIS coverages such as land use, parcel coverage. aerial photographs, streets, census tracks, zoning, and other pertinent coverages. 10.1.7 Wholesale Customers. Obtain from the City the current status of the wholesale customers and projections of their future demands 10.1.8 Other Long Term Local Water Resource Strategies. Identify and coordinate with other City water resource strategies as they may affect/offset future potable water system demands. Other water resource strategies may include but not be limited to the following: . Aquifer Storage and Recovery . Groundwater Pumping . Desalinization . Re-use / Reclamation .; USERS2\HOME\V1'l MAPIGEN\WA TER\8487\AMENDMENT NO 6\CONTRACT SUMMARY 10.2 Develop Long-Term Demand Projections 102.1 Utilizing the City's existing GIS, parcel data. and 2004 customer billing records, generate unit demand rates per land use category per pressure zone. 10.2.2 Develop per capita unit demands using 2004 water use and estimated population. 10.2.3 Compare land use vs. population demand projections, resolve differences. and select appropriate demand projection methodology. 10.2.4 Develop long-term projections for LVUs (industry). Separate LVU demand projections from per capita demand projection methodology. 10.2.5 Determine lost and unaccounted for water. 10.2.6 Develop strategy for future Demand Allocation. 10.2.7 Determine appropriate peaking factors for long-term planning. 10.2.8 In conjunction with City staff, determine percent build-out and anticipated growth curves for the 20-year, Long-Term Planning period. 10.2.9 In conjunction with City staff, determine Long-Term Planning period land use. 10.2.10 Using the results of Tasks 10.2.1 through 10.2.8, develop demand projections per land use per pressure zone for the Long-Term Planning period. 10.2.11 Prepare Task Results Summary Document (see Task 27.1) and attend Workshop NO.3. Incorporate City comments into the minutes for the Workshop and into the Project Report (see Task 27.2). 10.3 Identify/Develop System Performance Criteria and Design Standards 10.3.1 Obtain and review City and TCEQ design requirements and standards. 10.3.2 Develop criteria for transmission and distribution piping with respect to system pressure and velocity criteria. 10.3.3 Develop booster pump station criteria; define firm yield. 10.3.4 Develop storage criteria for diurnal, fire, and emergency uses. 10.3.5 Together with City staff, define infrastructure redundancy and reliability criteria. 10.3.6 Prepare Task Results Summary Document (See Task 27.1) and attend Workshop NO.1. Incorporate City comments into the minutes for the Workshop and into the Project Report (See Task 27.2). 10.4 Analyze Infrastructure Capability to Serve "Infill" Development The work associated with the Infill analysis is to determine if the existing infrastructure can sustain the increased water demands until the year 2025. This work element is to be completed as a priority item and contains portions of: a. Task 10.1 Obtain and Evaluate Long-Term Planning Information b. Task 10.2 Develop Long-Term Demand Projection c. Task 12.0 Long-Term Service Development f'ILSERS2\HOMEIVELMAP\GENIWATERI8487\AMENDMENT NO. 61CONTRACT SUMMARY The analysis is to be performed on the water system that is presently in place with the exception that the water model will include the committed improvements to serve Padre Island. The demand model will use maximum per capita day demands The period of time for this analysis will be limited to the year 2025 and as such will become a single part of the Long-Term Service Development as described in Task 12.0. 10.4.1 Obtain and Evaluate Data. Obtain current land use planning maps for the current service area of the City to determine the nature of infill in each service pressure zone. Obtain recent aerial photographs of the City to determine the current extent of development in each service pressure zone. 10.4.2 Perform Infill Analysis. Utilizing the current land use planning maps, determine the extent of fill-in until the year 2025. Using aerial photography, conduct a "roof top count" and on the ground survey to determine if current development is consistent with the current land use plan. Using conservative growth rates that are applicable for the current economic condition of the City's service area, project the increase in housing. commercial. and industrial units that may occur by the year 2025. The analysis will include build out of Zone 2 and 4 and total infill between Holly Road and Cayo East Oso. These projections should be consistent with the City's current land use plan and not assume changes in land use. Where information may be lacking, assume that adjacent unused property will develop in a similar nature to those adjacent properties with development currently in place. 10.4.3 Large Volume Users. Simulate the addition of two additional large volume users in the vicinity of Equistar refinery The volume and rate of consumption will mimic that which has been established by similar facilities 10.4.4 Demand Generation for Infill Analysis. Once sub-tasks 10.4.1 through 10.4.3 are complete. simulate demand patterns consistent with the land use plan and infill analysis. This demand analysis will incorporate a per capita demand consistent with the City's historical records. In addition, the infill demand model will also utilize gpm per acre analysis consistent with the City's historical records. This demand model will utilize maximum day demands to determine water system component capability from the perspective of treatment, transmission, storage and pumping to meet these 2025 infill demands. 10.4.5 Prepare Task Results Summary Document (see Task 27.1) and attend Workshop NO.2. The Task Results Summary will describe the evaluation process that was completed for the infill analYSIS. This Summary will include the assumptions made in determining the infill to the year 2025 and the effect on water demand in each of the City's existing service zones. The findings of the water system components (treatment, transmission, storage and pumping facilities) will be presented as in each components apparent capability to meet the infill demands. If a component is not capable of meeting the demand, the reason for apparent failure will be clearly presented. If a component appears to have excess capacity. this estimate of excess capacity will be clearly presented. Incorporate City comments into the minutes for the Workshop and into the project Report (see Task 27.2). 10.5 Develop Long-Term Water Delivery Strategy 10.5.1 Develop up to 5 long-term water delivery strategies that define long-term water sources, WTP capacity requirements. major transmission piping configuration, and storage capacity/location. 10.5.2 Prepare Task Results Summary Document (see Task 27.1) and attend Workshop NO.4. Incorporate City comments into the minutes for the Workshop and into the project Report (see Task 27.2) ~ '''.'SERS2IHOME.VEl MAPIGENIW A fER ,8467\AMF NDMENT NO 3,COtHRACT SUMMAR, 10.6 Existing System Evaluation 10.6.1 Evaluate existing distribution system. Conduct an evaluation of the existing water distribution system using the current models developed under the Basic Services and Amendment NO.1 of this Contract. 10.6.2 Assess existing system deficiencies. Using the current models, conduct additional assessments of the distribution system capabilities, for example fire flows, and assess existing system deficiencies. 10.6.3 Evaluate Age and Condition of Infrastructure. Utilizing information provided by the City, establish an age/condition database of the infrastructure facilities. Incorporate the information contained in the City's CMMS "Maximo" system, where possible. Include all pump stations, storage facilities, and pipelines 12 inches and larger in diameter. 10.6.4 Maintenance and Repair History. Utilizing information provided by the City, establish a maintenance and repair history database on those facilities included in Task 1 0.6.3. 1 0.6.5 Power Supply Assessment. Evaluate power supply redundancy and frequency, and duration of outages for those facilities listed under Task 10.6.3. 10.6.6 Prepare Task Results Summary Document (see Task 27.1) and attend Workshop NO.2. Incorporate City comments into the minutes for the Workshop and into the project Report (see Task 27.2). 10.7 Technical Conferences Engineer intends to organize and attend Technical Conferences with the City from time to time as a means of conveying project information, soliciting input and comments from the City, and reporting on project status and budget. A Kickoff Technical Conference will be held concurrent with Technical Conference NO.1 which will define the project schedule, coordination issues, data needs, staffing plan, and project milestones We plan to conduct six (6) Technical Conferences throughout this task. 10.8 Technical Seminars Engineer will prepare materials for and conduct Technical Seminars No. 1-4. Topics to be covered in these Technical Seminars are described in Tasks 10.2, 10.3, 10.4, 10.5, and 10.6. Engineer will prepare Technical Seminar minutes that record all comments from the City. 11.0 Modeling Analyses of Distribution System Expansion (5-20 Years) 11.1 Once the long-term water delivery strategy is defined, including the location of possible ASR wells, other future sources/storage options and future demands, then long-term system configurations will be analyzed to define the recommended pumping, transmission, and storage facilities to meet demands and system performance criteria. These system configurations will be based on the results of Task 10.5. The modeling analyses will focus on the system expansion for the next 5-20 year horizon. 11.2 The Engineer's modeling analysis will define where possible pressure/service zone breaks need to occur, together with a plan for implementing the zone break. Particular attention will be paid to valve locations, PRVs. elevated storage requirements, and supply/production facilities to serve closed zone(s ). 11.3 The Engineer will develop five intermediate modeling scenarios to assist in defining the infrastructure required to meet demand/growth for the 4-5 year planning periods during the 20 years of the long-term study period. i-'\l!SERS2\HOME'VEl MAP\GEN\WA TER\8487\AMENDMENT NO. 6\CONTRACT SUMMARY 11.4 Prepare Task Results Summary Document (see Task 27.1) and incorporate City comments into project Report (see Task 27.2) 11.5 Technical Conferences Engineer Intends to organize and attend Technical Conferences with the City from time to time as a means of conveying project information, soliciting input and comments from the City, and reporting on project status and budget. We plan to conduct one (1) Project Meeting throughout this task. 116 Technical Seminars Engineer will prepare materials for and conduct Technical Seminar NO.5 to review Task Results Summary document. Engineer will prepare Technical Seminar minutes that record all comments from the City for Tasks 12.8.13.6, and 14.6. 12.0 long-Term Service Development 12.1 Using the long-term supply strategy developed under Task 10.5, together with projected long-term demands and land use, develop up to five long-term water system alternatives. The long-term alternatives will take into account planning requirements, demands, and redundancy/reliability criteria. 12.2 The Engineer will conduct modeling analyses of the selected alternatives to assess the ability of the systems to meet demands and system performance criteria. 12.3 Develop Recommended Long-Term Water System Strategy. Based on the results of the previous tasks, the Engineer will evaluate the alternatives, and together with Water Department input, a recommended strategy will be developed. This process will be facilitated in a Workshop with the City staff. 12.4 Based on the results of the previous tasks, the Engineer will develop a phased plan for the water system. The phased plan will describe the production facilities (including possible ASR wells and other sources/storage options), pumping (booster stations), transmission, and storage required to meet the system demands 12.5 These facilities Will be tabulated as well as displayed on system plan mapping. Particular attention will be paid to the supply and reliability assessment, which will include multiple production sources, potential major facility outages, and transmission/distribution looping. 12.6 Prepare Task Results Summary Document (see Task 27.1) and incorporate City comments into the project Report (see Task 27 .2). 12 .7 Technical Conferences Engineer intends to organize and attend Technical Conferences with the City from time to time as a means of conveying project information, soliciting input and comments from the City, and reporting on project status and budget. We plan to conduct five (5) Technical Conferences throughout this task. 12.8 Technical Seminars Engineer will prepare materials for and conduct Technical Seminar NO.6 to review Task Results Summary document. Engineer will prepare Technical Seminar minutes that record all comments from the City for Tasks 12.8,13.6, and 14.6. H 'I! 'SERS2\HOME\VElMAP\GEN\WATER\8487\AME~mMEN'1 NO S\CONTRACT SUMMARY 13.0 Cost Methodology 3.1 The cost estimate methodology for the Capital Improvement Program for the next five years will comply with City practices and will be prepared for general planning purposes. Development of the cost estimates will be based on several sources, including the City's cost estimates, cost from recently completed water system studies, and data developed from Means Facilities Construction Cost Data. , 3.2 Estimated unit costs of pipelines will be based on the pipes' material cost in addition to installation cost, pavement replacement, railroad and freeway crossings, mobilization and demobilization, and Contractor overhead and profit The cost will be expressed in dollars per linear foot of pipe. < 3.3 Other Infrastructure such as production facilities, storage reservoirs, and booster pump stations will be estimated as a lump sum. The infrastructure costs will be suitable for serving as basis for budgeting purposes and bond program development. 13.4 Prepare Task Results Summary Document (see Task 27.1) and incorporate City comments into the project Report (see Task 27.2). 13.5 Technical Conferences 13.6 Engineer intends to organize and attend Technical Conferences with the City from time to time as a means of conveying project information, soliciting input and comments from the City, and reporting on project status and budget. 13.7 We plan to conduct one (1) Technical Conferences throughout this task. 13.8 Technical Seminars Engineer will prepare materials for and conduct review and discussion of this task as part of Technical Seminar NO.2. Engineer will prepare Technical Seminar minutes that record all comments from the City for Tasks 128, 13.6, and 14.6. 14.0 Distribution System Capital Improvement Program Development 14.1 Task Objective: This task covers development of a near-term (5-year planning horizon) Distribution System Capital Improvement Program (DSCIP), and a Long-term DSCIP, both based on the anticipated development and results of the infrastructure planning. The near-term and long-term DSCIPs developed as part of this task cover recommended capital improvements to the City's water transmission and distribution system, including in-system pumping and storage facilities. The near-term and long-term DSCIP excludes recommended improvements related to raw water facilities, treatment facilities, and high service pumping facilities, as these items are outside of the general scope of this work. This task also specifically excludes development of a Capital Improvement Plan as defined by Texas Local Government Code 395.014 14.2 Near-Term DSCIP: The Engineer will develop a 5-Year DSCIP based on the anticipated development and results of the infrastructure planning. For the purposes of this task, the DSCIP refers to recommended capital improvements to the City's water transmission and distribution system, including In-system pumping and storage facilities. The near-term DSCIP excludes recommended improvements related to raw water facilities, treatment facilities, and high service pumping facilities. The 5-Year DSCIP will include the size and location of the infrastructure development, year of development, and the associated cost. The project costs will include an allowance for engineering (10%), construction management (10%), and a contingency (10%). This task specifically excludes development of a Capital Improvement Plan as defined by Texas Local Government Code 395.014. 14.3 Long-Term DSCIP: The Engineer will develop a Long-Term DSCIP based on the Long-Term system development plan, which will include a phasing and implementation plan. Cost estimates will be based on planning level estimates similar to those developed in Task 14.2. This task specifically excludes recommended improvements related to raw water facilities, treatment facilities, and high service H \I!SERS2\HOMEIVElMAP\GEN\WATER\8487\AMEfJDMENT NO. 6\CONTRACT SUMMARY pumping facilities and the development of a Capital Improvement Plan as defined by Texas Local Government Code 395.014. 144 Prepare Task Results Summary Document (see Task 27.1) and incorporate City comments into the project Report (see Task 27.2) 145 Technical Conferences Engineer Intends to organize and attend Technical Conferences with the City from time to time as a means of conveying project information, soliciting input and comments from the City, and reporting on project status and budget We plan to conduct one (1) Technical Conferences throughout this task. 146 Technical Seminars Engineer will prepare materials for and conduct Technical Seminars NO.7. Engineer will prepare Technical Seminars minutes that record all comments from the City for Tasks 12.8, 13.6, and 14.6. 25.0 Project Coordination 251 Data Collection Interviews As part of our data collection activities, The Engineer intends to interview key City staff to compliment our understanding of system operations and specific problems to be addressed by this project. 25.2 Progress Reports The Engineer will prepare monthly progress reports summarizing the work activities undertaken for the month, together with the status of task percent complete. 253 Project Team Coordination The Engineer will coordinate with the City and sub-consultants to disperse information and incorporate review comments, schedule interviews, meetings, workshops, and distribute deliverables. 270 Project Oeliverables 27 1 Task Results Summary Documents Unless indicated otherwise in individual task descriptions, Engineer will prepare Task Results Summaries to document the results of Tasks 10.2.11, 10.3.6, 10.4.5, 10.5.2, 10.6.6, 11.4, 12.6, 13.4, and 14.4. These documents will serve as a mechanism to convey information and study results, solicit comments from the City staff, and to gain consensus with the conclusions and recommendations. Engineer will deliver ten hard copies and one PDF electronic file of each Task Results Summary to the City one week before Workshops scheduled to discuss these deliverables. Following the Workshop, Engineer will prepare Workshop minutes that record all comments from the City. These comments will not be incorporated into revised versions of the Task Results Summary documents, but will be incorporated into the Draft and Final Reports described in Task 27.2. 27 2 Draft and Final Reports The Engineer will prepare an outline of the Long-Range Plan Development report for approval by the City prior to publishing the draft and final report. The report will be based on, and incorporate, the content of previously reviewed Task Results Summary documents described in Task 27.1. Previously reviewed materials will be reorganized and rewritten in a format consistent with the approved outline. H. ISERS2IHOME\VE' MAP\GEN\WATER\8487'AMFNDMENT NO 6'.CONTRfI('T SUMMARY The draft and final documents will contain color graphs, charts, and maps explaining the planning process and conclusions The Long-Range Plan Development report will be prepared in a separate, stand-alone volume, 3-ring binder with tabs, Including supporting appendix material as appropriate. The Engineer will deliver 10 3-ring bound copies and one PDF electronic copy of the draft Report to the City for review and comment. Following incorporation of the City's comments, the Engineer will deliver 10 3-ring bound copies and one PDF electronic copy of the Final Report to the City. The Engineer will provide a system map that will include all improvements shown in the long-term CIP plan. 27.3 Executive Summary An Executive Summary will be presented in a format that will allow it to be bound as a separate report. Engineer will deliver ten hard copies and one PDF electronic copy of the Draft Executive Summary to City Following incorporation of City's comments, Engineer will deliver ten hard copies and one PDF electronic copy of the Final Executive Summary to City. 27.4 Project CD-ROMs The Engineer will provide the final report and executive summary on CD-ROM for the City's use in printing additional copies, and posting on the City's web page. The Long-Range Plan Development report and associated output analysis reports will be provided on CD-ROM. 27.5 The Engineer will provide a system map that will include all improvements shown in the long-term CIP plan. System-wide SCADA Assessment (Project No. 8555) 42..0 System-wide SCADA Assessment 42.1 Background and Purpose The City has recently placed several new pumping facilities (Staples, Navigation, and Sand Dollar) in service, and is contemplating additional monitoring and control facilities within the water system at existing and proposed elevated storage facilities and at revenue meters for several of the City's large- volume water customers. The City is concerned that existing SCADA infrastructure may not have the capacity to adequately handle these existing and planned facilities. The objective of this task is to provide an assessment of the City's existing SCADA Top-End System, communication system hardware infrastructure and strategy (excluding communication media assessment), and assess its ability for growth. Communication media assessment and evaluation shall be performed under the System-Wide SCADA Master Plan task 48.0. However, this task also includes the effort required to investigate, research, analyze, and develop an interim cost effective solution related to existing issues associated with the Padre Island Pumping Station. 42.2 Facilities Reconnaissance The project team will review available plans, specifications and operations and maintenance information and conduct various site visits at existing WDCS Remote Operations Center (Top-End at O. N. Stevens Water Treatment Plant) and the Padre Island Pump Station to gain an understanding of the City's existing SCADA infrastructure and communication methodology. H \IJSERS2\HOME\VELMAP\GEN\WATER\8487\AMENDMENT NO. 6\CONTRACT SUMMARY 423 Assessment of Existing SCADA System The project team will assess the capabilities of the existing SCADA system Top-End Hardware and software that is directly associated with the remote site City-Wide WDCS. Assessment will be executed with respect to the goals, objectives, and performance criteria identified in the previous task, excluding assessment and evaluation of the communication media and associated alternatives, which shall be performed under the System-Wide SCADA Master Plan task 48.0. A WDCS SCADA Top-End Workshop will be conducted with the City to review existing and desired method of operation, existing and reported issues (if any) with the system, future objectives and desired WDCS protocol. The project team will commence a cursory review of the existing historical records, interview operating personnel an observe operations methodology at the Top-End level. 42.4 Identify Interim SCADA System Improvements Where feasible, recommend Interim SCADA upgrades to improve system performance for the Sand Dollar Pump Station. Provide conceptual-level cost estimates for these interim improvements. Upgrades are limited to improving the data transmission rate for the pumping and storage facilities directly serving Padre Island until the recommended improvements from the SCADA master plan are Implemented. 42.5 Draft and Final Letter Report Prepare a draft letter report summarizing results of the SCADA system assessment and recommended approach for Master Plan Scope. Incorporate City comments into a final letter report. Water System Interactive Hydraulic Model and Analysis (Project No. 8487) 16.0 Model Training 161 The Engineer will provide a two-day training course for two (2) City representatives covering application of the Corpus Christi water model to overall system analyses and system planning. The training will include hands-on training on applications of the model utilizing the City's H20MAP software licenses. 47.0 Water Department Capital Improvement Plan Update 47 1 Purpose The purpose of this task is to integrate and summarize all currently programmed and/or recommended capital improvement projects, develop phasing alternatives, and assist the Water Department in prioritizing the projects based on need and fiscal considerations. Deliverables will be in the City's standard C I.P. format 472 Prepare Initial CIP Overview (Ratification) Engineer will prepare an initial tabulation of capital projects. (Engineer completed this task prior to CIP Workshop No.1 with the City) 473 CIP Workshop NO.1 with City (Ratification) Engineer will meet with City staff and review initial CIP Overview prepared as part of Task 47.2. Engineer will provide input during this workshop regarding addition or deletion of projects, changes in recommended schedule, changes in estimated construction cost, design cost, etc. Engineer will prepare workshop agenda and minutes. (Engineer completed this task on October 12 and 13, 2005) j "SERS2\HOME\VEI MAP\GEN\WATER\8487\AMENDMEm NO E.'CONTRACT SUMMARY 47.4 Revise CIP Tabulation (Ratification) Engineer will revise CIP Tabulation based on input received at CIP Workshop NO.1. Engineer will deliver revised CIP Tabulation to City. 47.5 Incorporate DSCIP Recommendations into CIP Update Following completion of Task 14, Engineer will revise the CIP Tabulation to incorporate DSCIP Recommendations prepared in Task 14. Engineer will deliver revised CIP Tabulation to City in City's standard C I.P. format. 47.6 CIP Workshop NO.2 with City Engineer will meet with City staff and review the revised CIP Tabulation developed in Task 47.5. Engineer will prepare workshop agenda and minutes. 47.7 Deliver Final CIP Analysis Engineer will revise CIP Tabulation to incorporation input from CIP Workshop NO.2 with City. Engineer will deliver Final CIP Tabulation to City in City's standard C.I.P. format. SCHEDULE: Time IS of the essence. All work in this Amendment NO.6 shall be completed by the Engineer on or before the dates listed in the following table. Should Notice to Proceed be issued on a date different from date indicated, then Engineer shall complete all work within the number of days following Notice to Proceed listed in the table. ---~. Scheduled Completion -~_._-'- Task Calendar Days following Notice to Proceed Notice to Proceed (Assumed) 0 Task Results Summary Documents Task 10.2: Demand Projections 103 I Task 10.3: Performance Criteria 14 , i Task 10.4: Infill Analysis 84 : Task 10.5: Long Term Water Delivery 137 i Task 10.6: Exist. Water System Evaluation 75 Task 11: Modeling Analysis 223 : Task 12. Long Term Service Development 281 i Task 13: Cost Methodology 77 i Task 14: Distribution System Capital Improvement Program I Development 341 , Task 42 System Wide SCADA Assessment 311 i Task 47: Water Department Improvements Plan Update 371 Scheduled Workshops Workshop No. 1/project Kickoff Meeting 38 , Task 10.3: Performance Criteria Workshop No.2 92 Task 10.4: Infill Analysis ! Task 10.6: Existing System Evaluation I i Task 13: Cost Methodology I EXHIBIT "B" I Page 10 of 12 H \liSERS2\HOME\VELMAP\GEN\WATER\8487\AMENDMENT NO 6\CONTRACT SUMMARY Task r- ------...-~-"-.-- ! Workshop No. 3_____ i Task 102: Demand Projections I , Workshop No.4 I Task 105: Long Term Water Delivery f- I I Workshop No.5 I Task 11 4: Modeling AnalysIs ! Workshop No.6 Task 126: Long Term Service Development i I Workshop No. 7 ! Task 14 Distribution System Capital Improvement Program I Development ! Workshop ! Task 42: System Wide SCAOA Assessment i I Workshop i Task 47 Water Department Capital Improvements Plan Update I Draft and Final Reports i Submit Draft to City t Submit Final 1-- i Executive Summary i Submit Draft to City Submit Final f ",SERS2IHOME\VElMAP\GENIWATER\8487\AMENDMENT NO 6\CONTRA,CT SUMMARY Scheduled Completion Calendar Days following Notice to Proceed 113 146 232 289 349 311 378 420 455 427 462 WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (Project No. 8487) SUMMARY OF FEES ~t= AMENDMENT. NO.6 -..,-- Pro). No. 8555 Pro). No. 8556 Pro). No. 8487 City-wide Water Water System TOTAL OF I System-wide SCADA AMENDMENT NO.6 I Dlstrtbutlon Master Interactive Hydraulic i Plan Assessment Model and Analysis ~- BASIC SERVICES 1.0 Preliminary Phase $0.00 $0.00 $0.00 $0.00 2.0 Design Phase 0.00 0.00 0.00 0.00 3.0 Bid Phase 0.00 0.00 0.00 0.00 4.0 Construction Phase 0.00 0.00 0.00 0.00 Subtotal Basic Services 0.00 0.00 0.00 0.00 i ; fADDITIONAl. SERVICES ~- -~ I 'Long-Term Service ProJections. Data CollectionlDemand 10.0 Projections 230,364.00 0.00 0.00 230,364.00 ! - -- I Modeling Analyses of Distribution System Expansion (5-20 11.0 Years) 56,835.00 0.00 0.00 56,835.00 12.0 Long Term Service Development 160,757.00 0.00 0.00 160,757.00 13.0 Cost Methodology 30,614.00 0.00 0.00 30,614.00 "---- 14.0 CIP Development 82,075.00 0.00 0.00 82,075.00 16.0 EPS Training 0.00 0.00 26,969.00 26,969.00 ~-- 25.0 Project Administration 57,910.00 0.00 0.00 57,910.00 27.0 Project Deliverables 141.497.00 0.00 0.00 141,497.00 42.0 System-wide SCADA Assessment 0.00 30,257.00 0.00 30,257.00 47.0 Water Department Capital Improvement Plan Update 0.00 0.00 49,024.00 49,024.00 Subtotal Additional Services 760,052.00 30,257.00 75,993.00 866,302.00 _.._-- , TOTAL AUTHORIZED FEE $760,052.00 $30,257.00 $75,993.00 $866,302.00 RIGINAL CONTRACT 111-18-2003) M2003-420 $507,157.00 ENDMENT NO~ 1 (06-08-2004J M2004-221 361,816.00 M2004-361 111,246. ENDMENT NO. 3112-22-2004J Admin Apprv ENDMENT NO.4 (06-28-2005J M2005-205 ENDMENT NO.5 [12-20-2005J M2005-444 1,894,815.00 ENDMENT NO.6 [02-14-2006] M2006- - 866,302.00 OTAL RESTATED FEE $3,940,767.00 "i\USERS2IHOMEIVELMAPlGEN\WATER\8487\AMENDMENT NO 6\FEE SCHEDULE AMENDMENT NO 6 ,MpiOJec'~'UnL!/e^nl[o IS \exn84d dwg ~ N ~- CORPUS CHRISTI BAY NOTE: CITY WIDE PROGRAM GULF OF MEXICO PROJECT No. 8487 LOCA T/ON MAP Nor TO SCALE EXHIBIT "C" WA TER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANAL YSIS CITY-WIDE WATER DISTRIBUTION MASTER PLAN UPDA TE (Amendment #6) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/14/2006 ~ -- - - - - ~- 9 AGENDA MEMORANDUM DATE: February 14,2006 SUBJECT: F. M 70 Culverts - Cefe Valenzuela Landfill- Project No. 5173 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order NO.3 to increase the Advanced Funding Agreement in the amount of $28,864.57 with the Texas Department of Transportation for the Cefe F. Valenzuela Landfill F.M. 70 Drainage Culverts ISSUE: Additional stone rip-rap and concrete was required to ensure the culverts would not be undermined. The change order is necessary to authorize the additional work. RECOMMENDATION: Approval of the motion as presented. / ~:e ~~ .y~6 An . Escobar, P.E. Director of Engineering Services Je~~ ~~ . Director of Solid Waste/Street Services Attachments: a. Additional Information b. TXDOT Letter/Change Order c. Site Map H:\HOMEIKEVINS\GEN\LANDFILL IValenzuela\DRAINAGE\C03TxDOTMemo. doc ADDITIONAL INFORMATION BACKGROUND: The drainage channel serving Cefe Valenzuela Landfill crosses F.M. 70. Plans for the crossing were prepared and submitted to TXDOT. This resulted in an advanced funding agreement with the City paying TXDOT to construct the culverts across their right-of-way. The causes for the change order are: concrete rip-rap for safety end treatment was specified on the plan sheets, without a contract item to pay for the work; grouted stone rip-rap for the upstream and downstream ends of the box culverts were shown on the plan sheets, without a contract item to authorize payment; rip-rap thickness was not specified, when the thickness was clarified it increased the specified quantity; work zone tabs were left off the original estimate; and barricade maintenance expenses are due to the contractor during days that work was suspended due to the location of an AT&T data line and removal of an abandoned pipeline. TXDOT has requested the City to execute Change Order NO.3 to allow them to have their contractor perform the work and authorize payment. TXDOT estimates that the escrow funds are adequate to complete the work without receipt of an additional payment. However, the change order as prepared does not take credit for unused funds. The result is to require Council approval as the change order represents an increase in spending authorization greater than $25,000.00. PRIOR COUNCIL ACTION: Julv 22. 2003 - Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of: · $16,000.000 for preliminary engineering; and · $900,000.00 for construction PRIOR ADMINISTRATIVE ACTION: February 18. 2005 - Award of construction contract for the FM 70 AT&T Data Cable Adjustment in the amount of $19,350.00 to B & H Maintenance and Construction, Inc. April 22,2005 - Award of construction contract in the amount of $9,500.00 for Removal and Disposal of Abandoned Pipelines at FM 70 to Plant and Pipeline Specialties, Inc. Mav 2, 2005 - Award of Change Order No.1 in the amount of $1,600.00 for disposal of product from Abandoned Pipeline at FM 70 to Plant and Pipeline Specialties, Inc. H:\HOM E\KEVI NS\GEN\LANDFILL \Valenzuela\DRAI NAGE\C03TxDotBkgExhA.dDC Exhibit l'A" Page 1 of 2 July 11, 2005 - Award of Change Order No. 1 in the amount of $4,837.00 for two additional mobilizations associated with FM 70 A T& T Data Cable Adjustment to B & H Maintenance and Construction, Inc. July 19. 2005 - TXDOT approved Change Order No. 1 (no cost) which added nine (9) days to the project. November 9, 2005 - TXDOT approved Change Order NO.2 (no cost) which added fourteen (14) days to the project FUTURE COUNCIL ACTION: No additional Council actions to complete the culvert crossing are anticipated. FUNDING: Funding is available from the Sanitary Landfill 2004 CIP Fund. H :\HOME\KEVI NS\GEN\LANDFILL \Valenzuela\DRAINAGE\C03TxDotBkgExhA.doc Exhibit "A" Page 2 of 2 ...* I r~1fo?!o/?o~f'c~~~'!!.';!!!9~~(!~!!8-~!l!/!f1':o~~~~ January 23, 2006 Mr. Angel R. Escobar, P.E. Director of Engineer Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RECEIVED JAN 3 0 2006 ENGINEERING SERVICES RE: Project: Control: Highway: County: Subject: CC 1558-3-23 1558-03-023 FM 70 Nueces Change Order NO.3 - Additional stone and concrete riprap Mr. Escobar: Enclosed is an amended Third Party Funding document for your signature and date. .1/. Disregard the Third Pa Fundin document that was sent ou on Janua 23, 2006. Please return the amen ed original to this office. You will be furnished with a copy of the executed change order. This change order was requested by the City of Corpus Christi per the City's project consultant, Shiner-Moseley and Associates, Inc. This change order will be financed one hundred percent by the City of Corpus Christi. Currently, escrow funds are available to pay for this work. This change order will result in a deduction from the project escrow funds in the amount of $28,864.57. If you find any discrepancies or errors in these documents or have any questions, please contact me at (361) 808-2294. Sincerely, DftoS ~ rcos Ybarra C rpus Christi Area Office Nueces County Attachments cc: City funding file An Equal Opportunity Employer TEXAS DEPARTMENT OF TRANSPORTATION CHANGE ORDER NUMBER: 03 Advance Funding Agreement (Third Party Funding) Information This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT. Outside funding provided by. [] Existing o Amended o New CCSJ: 1553-03-023 Project: CC 1558-3-23 Highway: FM10 County: NUECES District: CRP Contract Number: 01053244 City of Corpus Christi (Outside Entity's Legal Name) 2. Type of outside funding agreement for this change: [Check one] 3. Indicate the type and amount of funding: [] Fixed Price (Lump Su (Estimated Amount: [1 Actual Cost (b) E&C' (a) x 14.50% [enter %]= $3,655.72 $0.00 Use as needed: I hereby approve the modifications covered by Form CO for this Change Order and agree to finance the additional costs, if any, as reflected by this form. (a) Contract Items (Bid Items) $25,211.85 (c) Indirect Cost'. (a+b) x 0.00% [enter %J= Advance Funding Date By TOTAL $28,867.57 Type/Printed Name Typed/Printed Title The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project from approximately 6% to 11 % depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of 'Engineering and Contingencies" in the "Estimated Cost" of the project. Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Advance Funding for this Change Order has been arranged: District Engineer Date Typed/Printed Name: nmOT Form CO-AFA 5-98R Project: CC 1558-3-23 CSJ: 1558-03-023 Highway: FM 70 County: Nueces C.O. No.: 3 1. Who prepared the plans: Shiner-Moseley and Associates, Inc. 2. Reason for the change: The concrete riprap for the safety end treatment had been specified on a plan sheet but no contract item had been established to pay for the work. The grouted stone riprap for the upstream and downstream ends of the box culverts was also specified on plan sheets but no contract item had been established. Also, a thickness for the stone riprap had not been specified in the plan sheets. When a thickness of the stone riprap was provided by Shiner-Moseley it tripled the specified quantity. The work zone tabs were left off of the original estimate and the additional months of barricades are for barricade maintenance during days of time suspension. 3. Status of work: The work has not been performed. 4. Price justification for newly added items: The prices for the stone riprap and work zone tabs were deemed fair and reasonable. The concrete riprap for the safety end treatment and the mobilization item will be paid by certified correct invoices. 5. District and statewide average bid prices for newly added items: The stone riprap and work zone tabs are comparable to state average bid prices. 6. Environmental clearance for added roadway: No added roadway. ...1prc'J; "CLuri'_. ie,- ",f:.)if:i ,t'x') JIA I I 1 ~ €>€>~ I u ~~J u ..!c" ~ ~~: . /'-.1-' .../ "i r/ L .. .n= r- F.,. " '"-, i 1 F.M. 665 ~ <D Cl 0 0:: 0:: o 0 u u, ---+----1 i ! ...... '" o 0:: o U ,., I Ol on <:> 0:: o U / ) . '~' ~~ . c IRONII.A ~ ) CR[[I( l~, PROJECT # 5173 "., oD ...... ~ FM 24H CO RO 16 CO RO 14 CO RO 12 /<v s..f. ';J~ ~~ \J,-\J/< ~ '-. <0 CX) N r- ~ o a:::: o u ::c Vl ~ N PROJECT LOCA TION SITE LOCA TION MAP NOT TO SCALE EXHIBIT .C. CEFE F. VALENZUELA LANDFILL- F. M. 70 CUL VERTS CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRIST/, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/17/2006 ~ 10 AGENDA MEMORANDUM City Council Action Date: February 14, 2006 SUBJECT: Senior Center Improvements 2004-2005 (CDBG) (Project No. 3283) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with to the construction contract with Zimmerman Construction of Burnet, Texas, in the amount of $32,051 for the Senior Center Improvements Project (CDBG). ISSUE: Additional work was identified after the start of construction. This included roof repairs, asbestos and mold remediation, drainage improvements, chain link fence repairs, and painting new gutters being installed. FUNDING: Funding is available from the FY 2005 Community Development Block Grant Program RECOMMENDATION: Staff recommends approval of the motion as presented. I twl,e ~~ 2/ P/t;~ lVfgi R~ ~'scobar, P.E. ' Director of Engineering Services Additional Support Material: Exhibit "An Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H :\HOME\KEVI N S\GENIP ARKS\3283SrCtrs2004-05C DBG\C02AgendaMemo. doc BACKGROUND INFORMATION SUBJECT: Senior Center Improvements 2004-2005 (CDBG) (Project No. 3283) PRIOR COUNCIL ACTION: 1 April 26. 2005 - Resolution adopting the FY2005 Consolidated Annual Action Plan (CAAP), which includes the Community Development Block Grant, Emergency Shelter Grant, and HOME Investments Partnership Programs; authorizing the City Manager or his designee to submit the CAAP to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or his designee to make changes in the CAAP if required by HUD. (Resolution No. 026237) 2. AUQust 23. 2005 - Motion authorizing the City Manager, or his designee, to award a construction contract to Zimmerman Construction of Burnet, Texas, in the amount of $171,000 for the Senior Center Improvements Project 2005-2005 (CDBG). PRIOR ADMINISTRATIVE ACTION: 1. January 20, 2005 - Administrative approval of a small agreement for architect/engineer consultant services with Chuck Anastos Associates Inc. in the amount of $20,000 for the Senior Center Improvements 2004-2005 (CDBG). 2. AUQust 1, 2005 - Administrative approval of a small agreement for consultant services with All Points Environmental, LLC, in the amount of $2,676 for the Senior Center Improvements 2004-2005 (CDBG) - Limited Asbestos Survey. 3. December 9, 2005 - Award of Amendment NO.1 in the amount $1,218 to All Points Environmental for additional Asbestos and Mold Testing for the Senior Center Improvements Project (CDBG) project. 4. February 1, 2006 - Award of Change Order NO.1 to Zimmermann Construction in the amount of $6,922.00 for additional excavation, waterproofing and flooring modifications for the Senior Center Improvements Project 2004-2005 (CDBG) project. 5. February 2. 2006 - Ratification of Amendment NO.2 in the amount of $657.00 to All Points Environmental for additional testing for the Senior Center Improvements Project 2004-2005 (CDBG) - Limited Asbestos & Mold Survey. 6. February 2, 2006 - Award of Amendment NO.3 to All Points Environmental in the amount of $4,840.00 for Asbestos and Mold Abatement Monitoring for the Senior Center Improvements Project 2004-2005 (CDBG). CHANGE ORDER: Change Order NO.2 includes the following modifications; · Ethel Eyerly - paint new gutters; . Greenwood - drainage improvements and asbestos and mold remediation; Lindale - roof repairs and asbestos/mold remediation; and · Zavala - chain link fence and roof repairs. ASBESTOS/MOLD REMEDIATION: The architect and contractor identified additional problems at various Centers as the project progressed. Although a limited asbestos survey had been undertaken prior to starting work, the contractor requested additional testing on . i IHOME\KEVINS\GEN\P ARKS\3283SrCtrs20D4-05C DB G\C02AgendaBkg. doc sheetrock that commonly contains asbestos. Two walls that were to be repaired at Greenwood and Lindale Senior Centers were found to contain asbestos and contaminated with mold. Tests indicated that the mold type could produce illness in persons with cardiopulmonary disease or impaired immunity. The areas have been closed to the public until remediation is completed. All asbestos and mold remediation will be undertaken by a properly licensed subcontractor. All Points Environmental will monitor the remediation, conduct required air sampling, and prepare the remediation report. H' IHOME\KEVIN S\GE N\P AR KS\32 83SrCtrs20Q4-0SC DBG\C 02Agenda Bkg. doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET FEBRUARY 14, 2006 PROJECT: Senior Citizens Improvement Project 2004-2005 (CDBG) Project No. 3283 APPROVED: MOTION No. 2005-266 APPROVED 08/23/05 CONTRACTOR: Zimmermann Construction Co., Inc. P. O. Box 366 Burnet, TX 78611 TOTAL CONTRACT AMOU NT ............. ........ 25% Limit Amount................................. ........ 171,000.00 42,750.00 Change Order No.1 (02/01/06) .................... Change Order NO.2 (02/14/06) .................... Total....... ...-.... -.................................... ........ 6,922.00 32,051.00 38,973.00= 22.79% < 25% CHANGE ORDER Department of Eaginecrilll Servkes City or Corpus Christi. Texas CHANGE ORDER NO: 02 FUNDING SOURCE CONTRACT TIME: 150 Operating Department: MULTIPLE DATE: 13-Jan-06 Name of Project: SENIOR CENTER IMPROVEMENTS PROJECT, 2005-2005 CDSO Contractor' ZIMMERMAN CONSTRUCTION CO.. INC. CHANGE GREENWOOD-DRAINAGE BOX ZA V ALA CHAIN LlNK FENCE GREENWOOD-MOLD & ASBESTOS REMEDIATION LINDALE-MOLD & ASBESTOS REMEDIATION ETHEL EYERLY -PAlNT NEW GUTTERS ZA V ALA-ROOF WORK LlNDALE: ROOF WORK TOTAL Mm DEDUCT 748.00 178.00 13098.00 13111.00 661.00 3421.00 834.00 32051.00 0.00 WIlY". _ "lICe IlCeeSSI.ry? (If left off the plans and specifications, explain why? The existing elevations at have made itdiflkult to I release tile rain water. This drain will vide an oudet for r nm-offhel in elim' reoccuring drainage problems at tbis site. lavala-the additional fence will allow the catch basin to be more secure ftom How can silllilar changes be avoided in tile future? A. B C D E F. G H CONTRACT PRICE S TOT J\L CHANGE ORDER (inc. current) S NEW CONTRACT PRICE. S THIS CHANGE ORDER $ PERCENT TOTAL CHANGE (BJA) PREVIOUS TIME AUTHORIZED $ ADDN'L CONTRACT TIME THIS CHANGE ORDER TOTAL ADDITIONAL TIME 171,000.00 38,973.00 209,973.00 32.051.00 22.79% 74 105 CITY OF CORPUS CHRISTI. TEXAS By Director of Engineering Services By: Title: APPROVED: Operatinl Department Oil". or Mao.plltMlt &. Bad.. Lepl D~partm~nt \MproJect \ councilexhlb/ls \ exh3283.dwg OVEAL WILLIAMS SENIOR CENTER ~ N r" 62. NORTHWEST SENIOR CENTER ZAVALA SENIOR CENTER L1NDALE SENIOR CENTER GIJU- C'F L1E.' LOCA TION MAP NOT TO SCALE PROJECT No. 3283 EXHIBIT .C. (C. o. # 2) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/06/2006 ~ -- - - - - ........~ SENIOR CENTER IMPROVEMENTS PROJECT 2004-2005 (CDBG) 11 AGENDA MEMORANDUM Date: February 14, 2006 SUBJECT: Texas Pecan Growers Association AGENDA ITEM Motion authorizing the temporary closure of Mann Street from Water Street to Shoreline Drive, beginning at 12 midnight July 14, 2007 through 5:00 p.m. on July 18, 2007 and waiving the associated occupancy fees of section 53-195 and requirements of subsections 49-17 (a) and (b), for the 2007 Texas Pecan Growers Annual Conference and Trade Show due to a finding that the event will promote the City and provide sufficient publicity and economic benefit to justify the waiver in accordance with Sec. 49-17(r) of the Code of Ordinances. ISSUES: 1.) The request to close Mann Street from Ocean Drive to Water Street will make it possible to accommodate and exhibit large equipment such as harvesters, rakes, sweepers, sprayers, tractors and cherry pickers. 2.) Waive the requirements of subsections 49-17 (a) and (b), which require that all events shall be open to the publiC and admissions shall be free and all profits derived from the event shall be used for charitable purposes. 3.) Waive the requirements of section 53-195 that requires the sponsor to pay the same occupancy charges that would be required for a contractor occupying public right of way during erection, construction or repair of a building. REQUIRED COUNCIL ACTION: Street closure permits for large events require City Council approval. PREVIOUS COUNCIL ACTION: None FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. ... Additional Support Material 1. Exhibit "A" Background Information 2. Exhibit "B" Site Map 3. Exhibit "C" Permit Request from Texas Pecan Growers Association BACKGROUND INFORMATION Background: The Texas Pecan Growers Association, in association with the Omni Hotel, will be hosting the Texas Pecan Growers Annual Conference and Trade Show, July 15 through July 18, 2007 at the Omni Hotel, 900 North Shoreline Boulevard. The request to close Mann Street from Ocean Drive to Water Street will make it possible to accommodate and exhibit large equipment such as harvesters, rakes, sweepers, sprayers, tractors and cherry pickers. Equipment will not be turned on or moved once in place and the necessary security officers will be provided to insure public safety for the duration of the conference. This request Is being made at this time to allow the required lead time necessary for the Texas Pecan Growers Association to coordinate all promotions and arrangements with the trade show attendees and vendors to host a successful convention. The City Council by motion may authorize temporary closure of Mann Street for an event which will promote the city. In addition to the application fee required by section 49-16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by Section 53-195 for a contractor occupying public right of way during erection, construction or repair of a building. Furthermore, Section 49-17 of the City Code of Ordinances, requires, as a condition of the street closure, (a) that all events shall be open to the public and admissions shall be free; (b) all profits derived from the event shall be used for charitable purposes. Staff recommends conditions (a) and (b) of Section 49-17 above and the occupancy charges outlined in Section 53-195 be waived on the basis that conducting the event in the city will promote the city and provide sufficient favorable publicity and economic benefits to justify waiver. The conference will bring approximately 600 participants and possibly their families to our City for about four days. They will stay in our hotels and eat and shOp in the local shops and restaurants. This plus the added exposure for OUf City will more than offset the value of the waiver of fees for the use of Mann Street right of way for approximately four days. All adjacent property owners have been notified of the proposed temporary closure and responded in writing with no objection to the event. All necessary barricades and traffic control signage will be in place prior to the placement of any equipment within the Mann Street right of way on midnight July 14, 2007. All barricades and equipment will be removed no later than 5:00 pm Wednesday July 18, 2007, returning the street to its original condition. Closure of this section of Mann Street will have no adverse impact on traffic patterns for the duration of the convention. Required insurance will be provided prior to the event permit being issued in the Spring of 2007. This will be the first time and hopefully not the last time the Texas Pecan Growers Association brings their annual conference to our great City. Exhibit "A" ~ -- - - - - ~ EXHIBIT "B" SUBJECT: MANN ST. TEMPORARY CLOSURE -SITE PLAN- Traffic Engineering Div. Engineering Services Dept. AD.lI.VIU\i'-;t-N/2006/4 GUZMANfMAN-Cl_OSLlRi.. 1wg 1:'. 15 2005 1i III FAX 361 886 3565 OMNI CC HOTEL BAYFRONT Ig] 002 FROt'1 : TRAFFIC ENGlt-EIRING FAX NO. : 36100B3545 Dec. 12 20e5 11: 44RM P2 TftAFPIC ENCINEERINCl DIVISION DEPARTMENT OF ENGINEERING SERVICES 1. CITY OF CORPUS CHRISn, TEXAS Afa/C;A TlON,f..1JR P~FfAfIT TO ldaPSE STREET ~OR PU8UC E'[gJITS Name of Org .nizatiOl1 Sponsoring E""'nt: ~ S ~ fLt IA &rl lI.!)':\ fk Ss l^- . NameofProposedEvent:~~1 U~~(L ~T(Mf 6~ l\.lc ~--19 t-OO Lv ~ s:e.-- 2 3. ",. Date of Planr led Event: _..J...:.1.': 4. Key Contact ndivlduat: 5. S.. et(s) Rec uested for Closure, Dates and TImes of Day - DESCRIBE: Iv 6'V'^- F -- 5' P 6. Purpose of ElIsnt and Detailed Description of Activit s Planned: =-~~ {,-ell E'f!/cI'(Il1ev::t -+D be ~~ :k- 7 8. 9. .- '( -to .--t L.t ,t U I r ('D ?1 1\..1 tcv ,,,"- rr e, A, e I Attach a diagram Illustrating in Ge!ail the location of booths, stages, restroqrr's, fl t..aid $tation::.-l- etc, , that wilt be included In the event. L>V?xh/~ ---rvl~-e~ . ~\lf il/ltV-{ CJJlj V\ J , Enclose a chack or money order for $200 to cover administrative costs of ha ling application, payable to th! City of Corpus Christi (City Ordinance tn0483, 9120/86). Attach an off clalletter of transmittal requesting approval of the event. 10. '1 Exh i bit "e" ,2 : 2111.15 1 ~ 1.12 FAX .361 flSt> 3565 OliN! CC HOTEL BAYFRONT 141003 ""ROt . "fRqFF I C ENG I NEI :R 1 NG FAX I'MJ. : 3618800S45 Dec. 12 2605 11:44AM P3 Pttrrnit 10 C~ Street for PUblic 5:vl!Inl s 2: " In considerat on of obtaining a permIt to close a City street for a public event, the applicant or sponsoring 0 '9-.nization agrees to comply with the following applicable conditions: A. Admlt1ance to said event shall be free; B. All prorltS derived from the event shall be for charitable oauses; C Pay theCityfour-peroent (4%) ofthe gross receipts darived from event, or reimburse the City fe r ell costs incurred by the City in support of said event. Accurate flnanclal records shalll e maintained and payment shall be made to the aity within sixty (SO) days after the event !:lnds. D.'" Provide and maintain an Insurance policy with the limits and requirements shown on the attaoh ~d exhibit "A", E." Comp,atlan of Indemnification Agreement; F Provison of a traffic control plan for event, to be coordinated with the Traffic Engineering DiVisic n and Police Department The city shall be reimbursed for its installation of all traffic signa~ e and banicading determined by the Ctty to be necessary for safe control of the event. G.'" Wrlttel' approval for the temporary street closure must be obtained from (I) one hundred (100) Jercent of the managing tenants or. If the p,roptytv is vacant. man~gln9 p-r:op~rtY o,<<oer s of the crgperiy abutting that oortion of the street to be closed to vehicular traffic: and (I) for the Downtown MEloaaement Dlstriot only_ lbPunged by Lower a [ol:ld.IMay. In.t.ar:s1~te 37. Shoreline BoUle~1.J1 (Includingtb9 mBrilJB areas. and Klnnev street)j ninety (90% l.percent of t/1e managing tenantS. or. if the procerty is vacant. managing orooeffiL owner ~ of the prcmerty abuttina that portion of th~ street to be closed to vehigular traffic. H Provide adequate number ofrestroom facilities to accommodate the anticipated public; I ... Obtair the appropriatEl alcohol and food permits required by State and Local authorities. at lea! ,t two (2) weeks prior 10 the event; J All see urity other than perimeter traffic control sh~1l be provided by sponsor; security shall consist of off-duty City PoUce officers. or other type seourity officially approved by the City. K All cOfstruction of booths, stages, displays, electrical services and plumbing :shall comply with C ty Codes, The flnallayout of booths shall be approved by the Director of Parks and Reers atian; L. Provid e for potable water within the event site: M, ProVid e first..ald stations; N. Provida continuous cleaning of the site during the event and return It to pre--event condition after e vent ends; O. Resto'e any damaged City property promptly after event ends; P Coordnate all phases of event with appropriate City departments to insure a safe and succe: le10l event; Q. Vehlcl:us shall be prohibited from parking on grass areas within the street right-of-way; R. No ob iteration or defacing of the st:rget surfaoe or sidewalk; except by ehalk markings; S. AU Cit, Noise Abatement Ordinances shall be complied with; T. Allow lor the free passage of emergency vehlo/es Into event area In case of emergency; U. Camh aI-type rides will not be permitted. V. Bulldirlg ana Electrical permits for a temporary promotional event, associated construction and C ~rttficate of Occupancy are required l~ J"1 2005 1i 02 FAX 361 886 3565 i='ROi'" TRAFF I C ENG I I'-EE 'R I NG OAINI CC HOTEL BAYFRONT FRX NO. :3618833545 I4l 004 Dec. 12 2BB5 11:44RM P4 Permit to CIQS8 : itreet for Public Event! :; .. Evldenoe that these conditions have been meet must be presented to the City Traffic Engine er prior to the request being submitted to the City Council for final approval. Signed: -- I) (\ JX reUUA-or(/\A1&1 1k ~ Sponsoring Organization Date 5ubm~: -VeL ' j ~ ,7f)05 ,-. iU- ~~ ~'lt~~.~~~~ ~r CAfej ~\ ~. /Jp (j vb Zoo 1. Cu1~--iU1VfL ~ClO~))'1 ~ i2illL2005 17:0~ fAX )Gl IllJll 3585 OIlNI CC HOTEL JMYFRONT @007 FRll'I :TRFFFIC &GllEI RIH:J FAX 1'1). ;361lP354S I2c. 12 aE5 11: 45f=tl P7 INDI!MNm AGREEMENT THE STATE (IF TEXAS COUN1Y OF ~UECES ~ i KNOW AL.L MEN BY THESE PRESENTS WHEREAS, Sec:l:ion Iii of said standards, entftJed Procedure and Permit Requirements. requires a Cl mb'actDr for a permit to close or b10dc any pert of a roadway to file a ~ "" ith the DiredDr of engineering SerIia5 Traffic Engineering Division Indemnl1\tlng In the dty iQatnst all dalms or causes of adton by reason Of or ariSing from the dOsing O' blocking of the roadwav pursuant to a permit iSSued by !tie City. Now, t herelcre, in consIdenltlon far the I55uance ~ it permit to Ule undersigned by the CIty of Cc rvus O1r11tt, for the purpose of ban1cadIng, blocking or cIoang a street, alley or other publl c r1g~ In Aid Cty, said pennlt BPPllc:lnt IllteeS Q:J Indemnify and safe harmless and defended the CIty or carpus omsti, Its aga005 and employees from any and all dalms, 1atflSUft5, cfsnands, liabilities, losses or expeI"I!IeS, Induding court costs and reasonable at tomey's fees, for or on account tllInY injury to any person, or any death at any time res'lltIng from suc:h Injury, or any damages to any property which artse or may be alleged to haw arlSEln directiy or Indlredly, as a te5Ult of the granting ~thlS pennlt. The Cltntnld:cr, dUl1ng U'Ie term or operl!ll:lons spedfled In this Public Right-of-Way Blocxage Pet mlt, will pmyicle and maintain at the COntractor expense, Comprehenslve General Liability Insurance coverage wtth 8 Conttac:tlml Uablllty endorsement and wIth minimum Iirrlits of $1,.000,000 cambined Single Limit for Bodily InjUry and PRJ1)8rty Dllm_ or as required by the Risk Manager of the CIty of Corpus Chrl$tl pursuant tll C )rdinance #19277. The City of Corpus C1r1st1 will be named as AddItional ''''''f1!d on . 'he policy. EvIdence of required Insurance c;overage with be a Certificate of Insurance ful nlshed to the Director of' Engineering 5ervk:es Traffic Engineering OMslcn prior to the p rtJPCSSd bl0ck3ge under t.Ns pennIt. ~5~(~)ha~(5)_~ofir~~6 ~, (1, A:;r~~ ~Name OMNIeHOTELS" November 30, 2005 Mr. Ricardo Guzman Traffic Manager, City of Corpus Christi P.O. Box 9277 Corpus Christi, TX. 78469-9277 Dear Mr. Guzman, My name is Caleb DuBose and I am the Senior Sales Manager for the Omni Corpus Christi Hotel. I have been working with the Texas Pecan Growers Association to try and secure their 2007 Annual Conference to come to Corpus Christi. We have finalized most all of the details and they are ready to commit to a contract and come to our city. This Conference will bring,600 people to our city and it will be the first time the Association has ever had their Conference here. The only challenge that we face is the exhibit hall. They will need to exhibit large equipment such as harvesters, rakes, sweepers, sprayers, tractors and cherry pickers. In the past there have been groups who have used the 200 block of Mann Street as their exhibit area. This is the small stretch of road right next to the hotel. This area would be perfect for the exhibit area and it would seal the deal for the conference to commit to coming. None of the equipment would be turned or moved once it is put in place. All of the equipment would be fully insured and the group would have a professional security company on a 24 hour basis watch over the equipment. There would be no food or beverage served outside ofthe hotel. This equipment would simply sit and be observed from the attendees of the Conference. My request is that the city allows the group to use this stretch of road from 12pm Sunday, July 15, 2007 -12pm Wednesday, July 18,2007 for the above mentioned reason. If the city were to approve the closure of the 200 block of Mann Street for this time frame it would be playing an integral part in the success of bring another Conference to our great city. If you can respond to me by Wednesday December 7, 2005 as to the likelihood of this happening I can then let the Texas Pecan Growers Association know that we can accommodate them. Thank you. Caleh-Vu8O$et Caleb DuBose Senior Sales Manager Omni Corpus Christi Hotel 900 North Shoreline Blvd. . Corpus Christi, TX . 78401 (361) 887-1600 www.omnihotels.com W..L:. 1jates Company, Inc. Real Estate - In:vestments 901 N. Carancahua Street PO Box 909 Corpus Christi, Texas 78403 Tel: (361) 883-6541 Fax: (361)883-8396 www.wlbatesco.com <> Since 194'7 <> January 19,2006 City of Corpus Christi - City Hall C/O Ricardo Guzman - Traffic Manager 1201 Leopard Street Corpus Christi, Texas 78401 RE: Block 10, Water Beach Subdivision Dear Mr. Guzman, Please consider this letter as permission from the owners of Block 10, Water Beach Subdivision, to close Mann Street from 12:00 PM Sunday, July 15,2007 until 12:00 PM Wednesday July 18,2007. P N Development Company, Inc. owns the property. Please call me if you have any questions. lJj~.~ . Richard A. Dupriest, r. President RADlkpt cc: Caleb Dubose RECEIVED JAN 2 3 2006 Traffic Engineering DivisIon . Individual Memberships 12 AGENDA MEMORANDUM February 14, 2006 SUBJECT: Street Lighting - Spur 3 - Nile Drive to Ocean Drive - Project No. 6062 AGENDA ITEM: Motion authorizing payment to AEP in the amount of $148,000 for street light installation on Spur 3 between Nile Drive and Ocean Drive. ISSUE: Installation of street lights along this section of Spur 3 is necessary to comply with urban arterial illumination standards. FUNDING: Funding is available from the Street Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. r Date ~r/~~ , "Angel . scobar, P.E. Direc or - Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Location Map Exhibit C - AEP Cost Estimate Letter Additional Information BACKGROUND: Spur 3 was constructed by TxDOT with City participation. Installation of continuous illumination is a City responsibility. Installation of street lights is one of the last improvements installed on street projects. Spur 3 between Nile Drive and Ocean Drive will be completed in about one month and is ready for street light installation. PROJECT DESCRIPTION: This project consists of the installation of fifty-two (52) new 27,500 lumen high pressure sodium vapor street light fixtures. The fixtures will be installed on concrete and wood poles using overhead and underground circuits. CONTACT INFORMATION: Street lights are installed and maintained by AEP/Central Power and Light on a cost-sharing basis. The City pays a not to exceed installation cost and operating costs. AEP/Central Power and Light retains ownership of the equipment and is responsible for maintenance. AEP/Central Power and Light has agreed to complete the installation for an estimated cost of $148,000.00. See Exhibit "C" FUTURE COUNCIL ACTION: None Anticipated. RECOMMENDATION: Approval of the motion as presented. ,. Exhibit "A" Page 1 of 1 ',~.AVr. 4 ,t L;l)Lb.; '- \, ,J~vg J,PUS iI.'?/STI BAY ~ N ,:{ ~ , " '~ '''" ~ " S" """, ()( /";'"" '. / N '. '';q;~'f.,~. '0='<" ~~,"" / /\-... ~. " ~"- / ~(A" ~ >/vo " ~ /~"~ ~ (~. ,/ G \ 0" I.v / \ ;y~~ ~ / '" \ ''Y4~ / Lz- \ \~ ~0 \ , , O~ \ /1/("" '0 \ ~ -:z.. \ \ SPUR J PROJECT LOCA nON ~1/ "'::</ -i~ /C' , :- 0-< " " -.; j' ,:t. ~ /-.........,. .---'--- -"".-... ' -------------- 0Y:- e-.<< /~ '.J.,j <- '" "'''- " CA YO DEL 050 :JJ ~ . t:J ~, " '" i ~/ -P/ ,/ ? <::). ~. ;v/ ~~ '7" S). , f)/ "'. ~/ i f LOCATION MAP ~- tJ()! TO SCALE CITY PROJECT No. 6062 EXHIBIT IIBII SPUR 3, PHASE 2 ENNIS JOSLIN FROM NILE DRIVE TO OCEAN DRIVE CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ~ -- - - - - ~ CITY OF i.ORPUS CHRISTI DATE 02-14-2006 American Electric Powel PO &Ol't2.1;j:t co~w ChWti IX 78403.2121 W'\:JW.Sl!p.oo~~ a I/IIIfIK JIOWD February 6,2005 City of Corpus Christi Traffic Engineering Division AUn: Ricardo Guzman P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: SPUR 3 PHASE 2 (ENNIS JOSLIN ROAD) This letter is in response to your revised streetlights drawing dated 01/03/06 for the Spur 3 phase 2 street Hghting project, Ennis Joslin Rd. from Ocean Dr. to Nile DR. and request for the city's aid-to-construction cost above the AEP allowance provide by the state tariff. This project scope will consist of installing 52 new 250 Watt HPS streetlights, with eight mounted on existing/new wood poles with 14 ft. brackets, 42 on new concrete poles w;th single 6 ft, brackets and two lights mounted on a double 6 ft. bracket on one concrete pole. Five of the 43 concrete poles will be installed in decorative brick that will need to be saw-cut and replaced. The project work zone starts at Ocean Dr. and ends at Nile Dr. There will be additional costs were estimated for traffic control and barriers at each pole location. TXDOT still has an additional punch list of items before construction can be started (Splice box lids not identified as electrical lighting, splice boxes need backfill and one splice box will need to be installed). The City's aid-to-construction cost estimate for this portion of the Spur 3 Phase 2 project is $148,000.00. Note: This estimate cost will be void after 90 days from this issue date. Please send me a City Letter of Authorization at your earliest convenience if you want me to finalize the AEP design and issue this project to construction. If you have any questions, please call Ryan Powell at 361-881-5643. tZ--- Ryan Powell De6igner II . CC Artis Kamei, AEP Ken Griffin, AEP AEP: tAmerlCa's Etlergy Parlfurr(i!) EXHIBIT II ell 13 AGENDA MEMORANDUM February 14, 2006 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Value Place LLC, (Developer), in the amount of $135,941.70 for public improvements including water, wastewater, paving, and drainage improvements required to plat Value Place Subdivision, located north of SH 358 (South Padre Island Drive) and west of Friendship Drive at West point Road, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A.3 (b). ISSUE: Mr. Carlos Garza, on behalf of Value Place LLC, developer of Value Place Subdivision, submitted deferment agreement documentation to defer construction of public improvements including water, wastewater, paving, and drainage improvements required of Value Place Subdivision in accordance with the platting Ordinance, Section V-Required Improvements, Subsection A.3.b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Value Place LLC, (Developer). CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. .I.C.P. evelopment Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Public Improvements Exhibits Cost Estimate Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Value Place Subdivision (Exhibit B) required the developer to construct public improvements for Value Place Subdivision. The public improvements deferred will include the construction of water, wastewater, paving, and drainage improvements (Exhibit C). Construction plans for the public improvements have been submitted and are pending approval by the Development Services Department. The Planning Commission, at its February 8,2006 meeting, recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat. The Developer agreed to deposit $135,941.70 in the form of a cashier's check. This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3.b). A deferment agreement, (Exhibit E) between the City of Corpus Christi and Value Place LLC will allow the Developer to defer the construction of required improvements including construction of water, wastewater, paving, and drainage improvements for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Value Place Subdivision. Exhib 'vlEST POINT -...--------..-- -"--'-~ ,----- .---- --..- " ~ ~ M ~ '* A' ,~<J~ ",' ~ ~~S&,., "'~ ~.~<~, .~\. '. '0 '~', site " HOE tJE I I, LOUT A I \ IYjEl',1 DO:= A -:. [] L Ii E " ~ T E I--~ T'~ ,.:lVLi- ,I'-'~' _ ",'JeT " 2 <1 L \l~\_, '_\,~~~ I, \ I i--l I, .r- U (::l , ...JIW Q:: Q:: ~I (~,<r 0 \=, g Ie, I 0\ Q::I \ Location Map (NTS) s! ! \ \ \ = rdl~ lET' , \ \ LO gllt'1C1 1=' (\ 1- ~. vI <1 N<1 Q:: <1 <1 <1 WO W ~ Q::. Z o~ Ct:. w w 0 Q:: 1..J > Vl 2: -1-1 <1 Z -1 0 <1 <10 CD <[ W -J Q::. >>- NA TIDNAL END- - 1 KS 1St.. -41\1.0 - /f&~ ~\ /ri;;~~(~V(' / Office / / . i /j;q : ~.q / I"-' 11'~/ . / ~os Encln1s ....... F'od-< / i Exhibit B i Page 1 of 1 I ! o <( ~ \ z , i; \ ~ \ .. Q,I > ~ ,rI'l )t> ~i = rI'l W > Q.. .c u c: .- ~ ~ ...;:l C\ GO I ~ ~ ~ " . .. 'W dIHSON3RU , / ~ Q) E ~ e/ Q. E ,- , (.) / .- , - , .c / ~ 0- ~ .! CO ~ ... tn ~ "C C CO ~ .s CO ~ \ , 1-1- , \ \ I. /~ /" o " ~~'- / b<J,,/ ...~<:', / ,~' ' b(e, , qq,;, . ~~" C:Jo" / / / 3 l!' . ~ a j:! S , /-~ / '\ /-' /''. \1.~"iC~1 \ ..'?~' '..... .'-,,/,.' II Exhibit C 1\ Page 1 of 2 ~ ..___/3!!!!Ji;tIi~~)----- >: , .tJO dIHSON3IH.:l --& \ I 1 I .-1 I I ;e~ I I oc I Ir--lL I <( ;::?~ \ e~ <(0 1 ~z I ~5 o<(~ I '-0) I ~8 Q:;Q:;t-l I ~3~ \ I '-'0 I I <z \ " I 0::_ I I 1-1-0:: I Z(f)o I I 8BVi' I I j J .J,l ; - F= / I l! 00 z'>' <(0 (f)~ WW ->0:: ~~~ Q:;O< ~I-g O(f)-' n.ZW 00:: ~Vigj i=o-"""'" (f)<(0 xOz wn:c( !:>- :_I~~ 1 on t- '<^7 I n:J~ \OCJ~~ I r-- W ,_xl/ll/l ,0 (/') <( ,l"lWW I ~ \ I 0- W -' Z z- OO o::W ~~~ 0:: Ow <.:I WI- (f)WO on:z a..U::> OZO o::on: a..U<( 01- W::J ~u a..m On: 0::::> a..u .~ ~c ~. ~<::) //, ~'. -<-'?>/ //, .. / / ~ Cl / / / / ,,<-:J / / / / / / / / / / / /' / /' / / / / /' / / /' / / ,/ ./ !) C CI) E ~ Q. E - CJ .- :s ~ Q. Q) C) ca c .- f.! c "C c: ca C) c: .- > ('0 Q. II Exhibit C l Paqe 2 of 2 Fonn Revised: ' ~ ~1'JGINEER'S ESIIMA TE-QUANTITY.EQ~_ V ALUE PLACE SUBDIVISION P~S:E~l'-J0 Ac:~Ai3.28 EN!IT~ Corpus Christi LOTS:_}_ WATER SUPPLIER: City of Co~us Christi --.-, ------ - -- --",,-- WATER IMPROVEMENTS: On site ^-+-~.._---------------- ._"---- 1. 's" PYC C900 SDRI8 2. _ : S" Gate valve wlbox 3~~ire hY~3!1~",,/.6~'valve 4. is'' Tapping tee & valve 5 16" Fire line S"x6" Tap tee 6. 1F-Water service line with ---- ........-...+--... ----_._--~--- j saddle connection ____ 7. i8" 45 degree elbow 8. -1g.;- 90 degree elbow 9. ~r"~asin~~DR26 PYC (if app/ical1~___ 10. i Water valve (box assembly) -'T'-- ---..-----. .-. 7 - -..-- -------------..- Io~I W~ter II!!E!'~~_'!l~l!ts: .__ SANITARY SEWER IMPROVEMENTS: 1. 2. 3 j~8'-; PYC SDR26 (O'-6Cllt)" --- - ....--._----~.._-- _.__._~. .~_.__._.. .- ~ole (0'-6' cut) IS" ~ervice connection Hne (~~;;~~f-- -- -l~ - --------- ------ n__._._ Total Sanitary Sewer Improvements: ----,-~-~------ -- , ______-L- ___~_____ EROSION CONTROL: -..-1------- I. 2 3 1 Silt fence (erosion contrOl) ]Inlet~ale~<__e~osi?n cont!()12 I I~mJ><Jr(l!}l ~()~struc!ion ~l1tr(l~(;e ------ Total Erosion Control: 189.00 LF $ 24.00 $ 2.00 EA $ 2,200.00 $ 68.00 ILF ,$ 18.00 , $ -~-~-~r=~='-._----j ! -~- -+~----- -.~--+ . ----1- ----~ .---. ~ ----j 1;668-:00 'LF-JJ_. --4.6rt4= 7,756.20 __3.0.9.EA .1 $_ ...~~_ 324.00 .-.J-,-Q.O+I:~__-+L . 2,000.00, $ 2,000.00 , ; ... n ~___ .----------L- j !______+$.._ 10,080.20 I . ~--r~- x NO DESIGN COMPLETED l PRELIMINARY DESIGN , FINAL DES-ION Quantity i Unit. Unit Price - ------------+... .....-------+-------. 330.00 ! $ 330.00 $ 25.00 $ 2,000.00 $ -.-~t .. --~----- --- -+ 1 of 2 1/31/2006 ltem Total 27,214.00 I,SOO.OO 9,000.00 4,600.00 1,300.00 1,040.00 990.00 660.00 1,500.00 2,000.00 ! $ 50,104.00 4,536.00 4,400.00 1,224.00 $ 10,160.00 - -.-. - &.I' I MISCELLANEOUS-II\/fPROVEMENTS:' l' I -- II Performance & Payment Bonds Total Miscellaneous Improvements: TOT AL UTILITY IMPROVEMENTS: 1.50 % $ 70,344.20 $ 1,055.16 $ 1,055.16 '$ 71,399.36 __ _n___________ PA.YING IMP~Q~MENTS (\\iestPoint Rmld(s()u!11 b!llfonly) 25' ): 2 .- - "_.~ _1 Exc~vation & grading. __ : 5% ~im~ treat~d subgrade _ _~~ompacted_~':ll_sll.-~ caliche _ base.w/prime coat _____ 1 ] /2" Hot mix asphaltic concrete --l~tack coat~~__=_- ~- 118" Curb & gutter-- -16' Valley gutter __=--- 1~"x5' ~id~ <;(mc)"ete sidewalks 3 4. 5. 6. 7_ 8. 9. 948.001SY -~- 948.00 1 SY 948.00 iSY -' -827.0oTSY i 326001' --I --~ ---- + u_ -1,4~:~~ ~-~ -_._,------.--- ._.~ 1 $ -J~f- ! ~- ___00- ___ ____ Total~~ving~mproV'~Il1~!I_ts(\:Ve~oint R~~Ei~~~~ hal!~)~ly) 25'): ___----.L__ _ ___.___~_______-l-- MISCELLANEOUS IMPROVEMENTS: ] . i Performance & Payment Bonds 2 - ---roerT;olition =~~isposalof b~h. _._ _ IbuiI d!ngs &_irrigati~.!I struc~e.s_ Total MiscellaneousJ.Jl!EI"~vements:_ TOTAL PAVING IMPROVEMENTS: OTHER FEES: --- ] . EngineeJ"i:I1g&:~n~st~in1', 2 Contm.ge!1c~ I ITO~I2!her Fees: TOT AL IMPROVEMENTS: DefermeDt Amount ~ol% ---------4 ].OOLS $ $ $ -~ 1.90 ! $ --~ 4.001$ 13.00 $ ] ,801.20 3,792.00 ]2,324.00 $ m i 10.00 I $ --1 11.00 $ 28.00 $ 3.00 i $ 3,586.00 1,232.00 4,416.00 8,270.00 ----~ -nr----...-------- $ 35,421.20 I I $ 35,421.20 $ $ _2-,500.00 I $ 531.32 2,500.00 $ 3,031.32 $ 38,452.52 ---- % $ 109,851.88 $ 8,238.89 $ 109,851.88 $ 5,492.59 $ 13,731.49 _~h 123,583.37 I 110.00 1% '$ 123,583.37 $ 135,941.70 2 of 2 I Exhibit 0 I DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and Value Place Brownsville LLC, a foreign limited liability corporation authorized to do business in Texas, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Value Place Subdivision (the "plat"), which was approved by the Planning Commission on November 2, 2005. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director of Engineering Services. Detail construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water, wastewater, paving, and drainage improvements (hereinafter the "deferred improvements"), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a cashier's check in the amount of One Hundred and Thirty-Five Thousand Nine Hundred Forty- One Dollars and 70/100 ($135,941.70), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: I I Exhibit E Page 1 of 6 1. The City shall waive the requirement that construction of the water, wastewater, paving, and drainage public improvements be completed before the final plat is endorsed by the City's Director of Engineering Services and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the water, wastewater, paving, and drainage public improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement 2 The Developer shall deposit, with the City of Corpus Christi, a cashier's check in the amount of One Hundred and Thirty-Five Thousand Nine Hundred Forty-One Dollars and 70/100 ($135,941.70), before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3 The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4. The City shall place the One Hundred and Thirty-Five Thousand Nine Hundred Forty-One Dollars and 70/100 ($135,941.70) in an interest-bearing account. Both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the deferred improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 5. Upon completion of the deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Value Place Brownsville LLC 8621 E. 21st Street North, Suite 250 Wichita, Kansas 67206 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 6. If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as Page 2 of 6 stated in Paragraph 8 below, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 7 The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 8. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 9 The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Director of Engineering Services Department. 10. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 11. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 12. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. Page 3 of 6 13. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 14. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 15. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County 16. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of 6 EXECUTED in triplicate this 7~aYOf nhrqq rl ,2006. Value Plac Brownsville LLC 8621 E. 21st Street North, Suite 250 . ita, Kansas 7206 By: THE STATE OF Kansas S S COUNTY OF Sedgwick S This instrument was acknowledged before me on M"-'O 7 ,2006, by Randy Shaffer, of Value Place Brownsville LLC. 1Jz Notary Pu c~ -,,; Page 5of6 CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: __ Armando Chapa City Secretary By: George K. Noe City Manager APPROVED AS TO FORM: This 1~ day of r-ehr~d""'1 , 2006. ~t~Assistant City Attorney For the City Attorney THE STATE OF TEXAS S S COUNTY OF NUECES S This instrument was acknowledged before me on the _ day of , 2006, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas Page 6 of6 ...... 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I I NO DESIGN COMPLETED - f PRELIMINARY DESIGN t--.--.----~---~ .------ I FINAL DESIGN ! --l~-~ I I - .-----.-- _....._.-----~-- ._~,.. ...-----..- --- WATER IMPROVEMENTS: On site -- 1. 2. 3. 4. 5. 6. 8" PVC C900 SDR18 --_._-~~'---- 8" Gate valve wlbox Fire hydrant w/6" valve 8" Tapping tee & valve _ 6" Fire line 8"x6" Tap tee 3" Water service line with Jsaddle connec~~n_= ~8" 45 degree elbow ~~" 90 degree elbow_____ .___ _ _-+__ ---+ 16" casing SDR26 PVC (if appEc~~_ _ J WateI'~a!"e(!xJx~sem1:>l)'t . .~ 7. 8. 9. 10_ To~1 '!!. aler ~r~~e_l!1en~: SANITARY SEWER IMPROVEMENTS: -1---~~ ---- --- --- ---- 1. _+8" PVC SDR26 (0'-6' cU!)_ 2. : Manhole (0'-6' cut) I 3.-- j 8"_~!"ic~_~J!llectio~ liI!.e~c~ss)l To~I_Sanitary Se~_eL~provemeJ]ts: _ ______..------L.___._~.__._.__ '_m'_ ______ EROSION CONTROL: 1. _iSilt fence (erosion control2~_ 2. _.~et bale~~rosioncontr_o}l__ _ 3. __ .Temporary construction entral!.c~ -- Total Erosion Control: x i -I -- - ----- f Quantity _ i Unit Unit Price 1,237.00 LF -- ---- 2.00 EA 3.00 EA 2.00 EA 130.00 LF 130.00 LF 22.00 $ 900.00 $ 3,000.00 $ 2,300.00 $ 10.00 $ 8.00 $ $ $ $ $ $ ~-_._-_._._--. $ 3.00 EA - --~-- -_.--------- 2.00 EA 60.00 LF - ---~~~. .--~ 1.00 LS r I $ 330.00 $ $ 330.00 $ $ 25.00 $ $ 2,000.00 $ i ~ . ~~~:: I~J~~;2~:: : 68.00 lLF . $ 18.00 $ -1,668'oolLF~~ $ 4.65 $ .._3.QO+-:E,A. L~-~. 108.00 $ .__~U)O lE,A._+_~____.~,OOO.oo $ 1 of 2 Item Total 27,214.00 1,800.00 9,000.00 4,600.00 1,300.00 1,040.00 990.00 660.00 1,500.00 2,000.00 $ 50,104.00 4,536.00 4,400.00 1,224.00 $ 10,160.00 7,756.20 324.00 2,000.00 $ 10,080.20 I Exhibit 3 I __-.l.___ --~ t - ~. -- I - ____--=~I50 ~ _-~- $ =-701-344.20 $ I r I -~ MISCELLANEOUS IMPROVEMENTS: }erro~C~~-PaYm:iBOOd; Total Miscellaneous Improvements: -----[----- --- --- ___u_ -1- '!()T At UTI~!!Y~~ROVEMENTS: t-~-- -~ 1. - ____ _________________,_,__,__ __ ____j____~_____J_ PAVING IMPROVEMENTS {WestPoint Road (soutb balfonly) 25'): -:======--==----- -r-=---- ===-===~ - I Excavation & gradin~_ ____ ___ 948.00 SY,__, J______ 1.90 2. 5% Lime treated subgrade 948.00. SY $ 4.00 3. 8" Com cted crushed caliche 948.00 SY $ 13.00 4.__~base w/prime coat-- - ---- 5. __p 1/2" Hot mix asphaltic concrete 827.00 SY $ ~:l~~~~~~ --tter-- -+ 326.00 LF $ 8. 6' Valley tter____, _ --1 44.00 LF $ 9. 4"x5' wi<!~~n.~ete side'!V'~ ,__ _~__ 1,472.00. SL $ ______ _ __ _____H________.L _~__ 1.._1._ Total Paving Improvements (WestPoint Road (south half only) 25' ): --------r --- -- ~ 'I MI~ELLANEQ!!'S }MPRO~MEN!S: = ~- : -- -t ==== I I I=1penonnance&payxnent BondS== J-----l~ % $---35~421.20 $ 2. ---l Demolition &, diSPO,sal", of,brus,h, '" 1_, _ , ,1,.00 L,.L_ $ 2,500.00 $ .J buildings & irrigation str\J~es - -j' -- I ::::::: =~::-=:~f---l=- 10.00 11.00 28.00 3.00 I OTHER FEES: ------- +- I I ----- ~- . I =->:I<t~:::;:::: : 1. Engineering & cons. staking _ 2'_--jContingency___~ -~---------- ____-------.l__~~___~ Total Other Fees: L TOTAL IMPROVEMENTS: -------:~--_.~------- Deferment Amount 1,055.16 $_..h0_55.16 $_ 7l,3~.36 $ 1,801.20 $ 3,792.00 $ 12,324.00 $ 8,270.00 $ 3,586.00 $ 1,232.00 $ 4,416.00 $ 35,421.20 531.32 2,500.00 $ 3,031.32 $ 38,452.52 8,238.89 5,492.59 $ 13,731.49 $ 123,583.37 110.00 % $ 123,583.37 $ 135,941.70 20f2 II Exhibit 3 II ~ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA", I 1/ d r II FIRM NAME cI~ Ice €-- ZtZ c ~ D ;-Oc.,...)v(,;,. (/(' jc<. ?-I-~ STREET: ~(P2.t G. :4 \ ~;1)>.... i 2.&i Y: ) f-.> ;;/ ./ FIRM is 1. Corporation ___ 2 Partnership 3. Sole Owner J-.L/' ZIP: ~ 7 ~ {;J f:, 4. Association 5 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name A 1 Job Title and City Department (if known) IUd r1 ~. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title NO.-1e 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name II 7 Board, Commission or Committee C!!!/!~ 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name JJ tJ '^ 0-/ Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any inform~i~~a~uested; and tha~p emental statements will be promptly submitted to the City of Corpus Christi. T e;:;i:'~ es 0'3 h _ Certifying Person: Y C\ Title: C! rtJ . I (Type or Pnnt) /l Signature of Certifying Person: L~/~ f ~ Date ( p-bb , II Exhibit 4 II 14 AGENDA MEMORANDUM February 14, 2006 AGENDA ITEM: Ordinance Appropriating $2,700,000 from Federal Aviation Administration Grant No. 3-48- 0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Phase II; Runway 17/35 Shoulders and Blast Pads; Airport Drainage Improvements Phase IV; Terminal Apron Project at Corpus Christi International Airport; and Declaring an Emergency. ISSUE: The Federal Aviation Administration has previously awarded Grant 37 to the City of Corpus Christi in an amount not to exceed $7,788,088 for the rehabilitation of Runways 13/31 and 17/35 and various other improvements including new shoulders, drainage improvements and lighting improvements. The Grant is a multi-year grant with the FY05 amount of $5,088,088 previously awarded and appropriated and the balance of $2,700,000 now available in the FY06 Grant Year. The Airport will match the grant with Airport Capital Reserve funds. FUNDING: Funding is available from FAA Grant 37. RECOMMENDATION: Approval of the Ordinance as presented. / L .,} /;/ ~ Dave amnck Director of Aviation ADDITIONAL SUPPORT MATERIAL Additional Background Information Ordinance BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has been awarded FAA Grant # 3-48-0051-37-2005 in an amount not to exceed $7,788,088.00 for the Rehabilitate Runway 13/31, Phase II, Runway 17/35 Shoulders and Blast Pads, and Airport Drainage Improvements Phase IV Project. This is a multi-year Grant offer of which $5,088,088.00 was for federal FY 2005 and the remainder is for federal FY 2006. This grant money will be combined with prior grant monies to complete federal participation in the amount of 95% of the project(s) costs respectively. Appropriation of the grant proceeds is necessary to proceed with the project. PRIOR COUNCIUADMINISTRATIVE ACTIONS: April 19, 2005- Resolution authorizing the City Manager, or designee, to accept Federal Aviation Administration Grant Number 3-48-0051-37-2005 in an amount not to exceed $7,788,088 for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4, and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport. Ordinance Appropriating $5,088,088 from the Federal Aviation Administration Grant No. 3-48-0051- 37 -2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4, and Runway 13/31 Lighting and Cable Replacements at Corpus Christi International Airport; and Declaring an Emergency. PROJECT DESCRIPTION: The project consists of the completion of the rehabilitation of Runway 13/31 with pavement milling and overlay, installation of new twenty-five (25) foot wide shoulders, blast pads, drainage improvements including pipe culverts, underdrains and other structures; new high intensity runway lighting including conduit, cables, transformers and signage improvements; new top soil, seeding, and sodding; the relocation of the Runway 13 localizer; and the design work for the Runway 17/35 lighting replacement, shoulder and blast pad project and tenninal apron work. The project has required closure of Runway 17/35 which is the primary runway during prevailing wind conditions. The airlines have been advised of this project and will take appropriate measures to insure continuity of safe operations. ORDINANCE APPROPRIATING $2,700,000 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48-0051-37-2005 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR THE RUNWAY 13/31 REHABILITATION, PHASE II; RUNWAY 17/35 SHOULDERS AND BLAST PADS; AIRPORT DRAINAGE IMPROVEMENTS PHASE IV; TERMINAL APRON AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Appropriating $2,700,000 from the Federal Aviation Administration Grant No. 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the Runway 13/31 Rehabilitation, Phase II; Runway 17/35 Shoulders and Blast Pads; Airport Drainage Improvements Phase IV; Terminal Apron at Corpus Christi International Airport. 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 February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: February 8th, 2006 J n P. Burke, Jr. Senior Assistant City Attorn y For City Attorney ORD Appro 4 Runway] 3 3] lIa Corpus Christi I 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 A. Kinnison John E. Marez Jesse Noyola Mark Scott ORD Appro 4 Runway 13 31.11a 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 31,2006 AGENDA ITEM: First reading ordinance waiving the 6O-day waiting period and publication of legal notice; renaming the park at 3010 Sunnybrook from Southside Park to Mike Zepeda Park; 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 the Park and Recreation Advisory Committee for Southside Park located at 3010 Sunnybrook. BOARD/COMMITTEE REVIEW: The Parks and Recreation Advisory Committee voted unanimously at their January 11, 2006, meeting to recommend that the City Council consider waiving the 6O-day waiting period and the newspaper publication for this renaming request related to Souths ide Park. The Committee is also asking the City Council to approve the requested renaming of the park as Mike Zepeda Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities and that process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Southside Park as Mike Zepeda Park be approved and the waivers granted as requested. Attachments: Copy. Request for Naming of Parks and Facilities Copy - Council Policy Infonnation Biographical Information BACKGROUND INFORMATION Southside Park is 1.96 acres located on 3101 Sunnybrook and was dedicated in 1950. The Park has always been named Southside Park. Most likely was called that, because in 1950 that was about as far south as the City went. A similar ordinance and waiver was approved by the City Council, requested by the Parks and Recreation Advisory Committee, in February 2002 in the renaming of Gypsy Park as Don and Sandy Sillish Park. Similarly, in December of 2003, Meadowbrook Park was renamed Dan Whitworth Park, February 22, 2005 Seagull Park was renamed Ullberg Park and June 28,2005, Midway Park was renamed Nancy Todd Garrett Memorial Park. Mr. Zepeda served in the U.S. Army from 1942- 1945, assisting in the liberation of the Philippine Islands and earning an honorable discharge; beginning in 1951, Mr. Zepeda made numerous significant contributions to his community. He was a founder of Mexican American Democrats and Tejano Democrats; he was elected Democrat precinct Chairman in District 2 in the late 1950's and served for decades; he also served as a National Democratic delegate in 1984 in San Francisco. In 1997 he was inducted into the Nueces County Democratic Hall of Fame. In May of 2005, the 79th Texas Legislature paid tribute to the life of Miguel "Mike" Zepeda and extended their sincere sympathy to the members of his family. 5. 6. '7 i. REQUEST FOR THE NAMING 3~-tdv(::]~1c OF PARKS AND FACILITIES . 1. PARK AND RECREATION DEPARTMENT CITY OF C'ORPUS CHRISTI, 'IEXAS Type of area or facili~building, pool, etc.) pAt! I~ 2. Location <.. )u/J/1'f ~ CI tJ t~ Suggested N~e M I b; ZEPl37J!1 p;;,ek 3. 4. Please describe why you feel this name to be appropriate: /lJtlc ~~. u?-3 /l 104/ c,i-// - /2';..5/4' &~ JI, Jt-rve:;/ 11.) ~rr4':c.(' C/,~.(J /~ "X'5 OISh'i'.. 2 ~ ~ I I/o 1'::>' & IvfV f0~ I~/v h-c 7'FY/-J.5" - ~fL-Ct'~~( ~ 7C.e) cf Ot..., h-/' '" ~~ P <' t/E c.; - P~c.s,:" FrJ ptf n<ir ~~ /i/cs.' 'J/fYr.dJ #SSvCA,<ff7~/l. . S("7(/c/ fi; [~/h41tA-?/' /5 /'f ~ fA ~ frme. I S/ ~- I I-f.i-,(~ / /'hi'" S/~~ l-t-9J (4Y'Y;;>-;{ (/0 1h~/vA.~ i(ame and address of person maKing ~~est: - Name 5;;;/V?14t/iO /lB?4//f~6-/&-jq./J-/!'7 ~.-:r Address ;;;6/3 ;DDZJ/~/Uc:7/t/ / V@r(Z ~~;~-g;- / Phone J2J/-09 m ~ ,~~C. 7lC 7qt5 . _ . o5J-IS/~/ j- 91J--S-l/72 Do you represent an organization with reSpect to this request? Y ~ C6PI If ''yes", which organization (hrzpv! Ql-l!iJr/~l2J 4JfcP0472cJJ Date of this request Request: FOR OFFlCE USE ONLY: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice . Newspaper Notice to Appropriate Co1UKi1m.ember PubHc Notice - Neighborhood CITY OF CORPUS CHRISTI P ARK AND RECREATION DEPARTMENT PARK AND RECREATION DEPARTMENT POLICY /PROCEDURE NUMBER Rec-95-12 SUBJECT: Criteria for Naming Park and Recreation Facilities APPLICABLE TO: All Park and Recreation Facilities administered by the City of Corpus Christi EFFECTIVE DATE: I. PURPOSE To establish the format and criteria for naming facilities which are under the jurisdiction of the Park and Recreation Department and are consistent with City Resolutions 18545 and 19938. II. SCOPE -1 This policy applies to facilities situated on City owned or administered property. It is understood that due to the diversity of City operations, varying factors may apply to specific facilities. Based on this, the following CLASSIFICATIONS section provides a breakdown by CLASS of the variables to be considered in naming facilities. III. CLASSIFICA nON CLASS A: Facilities built and operated by the City. CLASS B: Facilities built and operated by independent organizations. Naming of facilities in this category will be submitted by the current year Organization President with approval by the Board of Directors of the respective organization. CLASS C: Facilities built and operated by independent organizations on City owned or administered properties. The naming is the sole responsibility of the organization. IV. NAMING PROCEDURE Where the naming of a Class A or B park or park facility is proposed, the following steps shall be taken; as per city Resolution and departmental policy requirements: Persons, groups, or organizations proposing naming of Park and Recreation facilities shall fill out a Naming Facilities Form and submit the request to the staff of the Park and Recreation Department for review and consultation with the requesting entity. 2 Naming request shall be submitted to the Park and Recreation ('ommittee. No action may be taken by the Committee for a minimum (' f 60 days after receipt of the proposal. ") I luring the 60-day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed naming. [n addition, a sign noting that a name change request is being c\msidered along with the Park and Recreation Department telephone number will be posted at the park. Written comments or historical data are to be submitted to the Park and Recreation Committee and interested individuals are invited to come before the Committee to address the issue. 4 A t the first meeting after the 60-day waiting period, the Park and Recreation Committee will take one of the following actions: ---1 a. Approve the request; b. Reject the request; or c. Table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity may appeal the rejection to the City Council. 5, The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided in commemorating or memorializing an individual or act. Costs associated with naming ceremonies and the provision of marker, plaques, or memorials shall be borne by the entity proposing the name. Dan Whitworth, Director Park and Recreation Department ADOPTED: December 6, 1995 REVISED: September 11, 2002 In Memorial of Mike Zepeda He served in the United Armed Forces, 1942-1945, Assisted in the Liberation of the Philippine Islands, and was Honorably Discharged. Mike Worked for Reynolds Metal Co., 1951, became Member of the United Steelworkers of America and served in several leadership positions and elected President of Local 4813. Mike Zepeda, during his long labor career as an organizer and fi~hter of Civil Rights, had dedicated his life to justice in the education and political fields. He served as trustee, Vice President of the Coastal Bend Labor Council, continued as a delegate. Past member of NAACP, LULAC, and American GI Forum. Founder MAD and Tejano Democrats. Participated in all Presidential elections. Had worked for the Democratic Party with distinction, he was elected Precinct Chairman, delegate to County and State democratic convention for many years and as a delegate to the National Democratic Convention. Inducted into the Nueces County Democratic Hall of Fame. Hired by the American Federation of State, County and Municipal Employees, as Union organizer, the City Employees and the support group of C.C.I.S.D. and Nueces County Employees, Mike Zepeda succeeded through his leadership to secure Civil Service for County Employees. Mike was a Plaintiff in 3 Suits for Hispanic advancement; Cisneros vs. C.C.I.S.D. which resulted in the desegregation of the C.C.I.S.D. school system and served 29 years on the Advisory Committee. The case that had nationwide impact. Suit against City of Corpus Christi and C.C.I.S.D. for the lack of Hispanic representation in the City Council and Board of Trustees, which resulted in a mix single member district and an At Large System. Elected State President of LCLAA and President of the Corpus Christi LCLAA Chapter. The following programs were organized by Mike; Voter Registration Drive, Adopt A School,Scholarship Program through Texas A&M University, Work by promoting two buses loaded with union members in protest of NAFTA in Austin AFL-CIO Rally, a continuous legislative LOBBY program every two years while the Texas legislators are in session, instituted Pilot Program to recruit high school government class students for trips to visit the capitol and state officials to learn how state government works, provided money to buy shoes for needy students at Lamar Elementary school, Board of Director at WBA for many years, participated il1 Bringing Cheer to Children of the westside during Christmas (sacking and distributing thousands of Goodie Bags to all children), organized bus travel to Washington D.C. for the inauguration of Bill Clinton (1993-1997), appointed and served as Texas AFL-CIO State Scholarship Committee representative and State Retiree Coordinator. SI SE PVEDE , . Page 1 of 2 ORDINANCE WAIVING THE 60-DAYWAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; RENAMING THE PARK AT 3010 SUNNYBROOK FROM SOUTHSIDE PARK TO MIKE ZEPEDA 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 period and publication of legal notice. SECTION 2. Southside Park at 3010 Sunnybrook is hereby renamed Mike Zepeda 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 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. C :\(Doyle.03.05\ORD2003 05\Ordinanc.es\Rename. Park\06. 0 116DC. Rename.South.side.As .Zepeda. Park.doc Page 2' of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the 31st day of January, 2006, by the following vote: Henry Garrett Rex A. Kinnison ; Brent Chesney John E. Marez Melody Cooper i= Jesse Noyola ~ Jerry Garcia Mark Scott William Kelly The foregoing ordinance was read for the second time and passed finally on this the 14th day of February, 2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Rex A. Kinnison John E. Marez Jerry Garcia Jesse Noyola Mark Scott William Kelly PASSED AND APPROVED on the 14th day of February, 2006 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor ~:: 16 January 2006 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney C:\(Doyle.03.05\ORD2003.05\Ordinanc.es\Rename. Park\06.0116DC.Rename.South.side.As.Zepeda. Park.doc 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/31/06 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute Supplemental Agreement No. 1 to FAA Lease No. DTFAP7-04-L-00560 eliminating all references to the Visual Approach Slope Indicator (V ASI) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17 ISSUE: The FAA is in the process of replacing the Visual Approach Slope Indicator (VASI) system with a Precision Approach Path Indicator (PAPI) system for Runway 17. The lease needs to be amended to reflect the additional acreage is for new access roads, easements and turnarounds. REQUIRED COUNCIL ACTION: Council approval is required on all property leases. PREVIOUS COUNCIL ACTION: On 5111n8 Council approved original lease. Subsequent extensions and amendments to the lease are: 6/25180 Ordinan~No. 15606,8/22/81 Ordinance No. 16471,7/26/84 Ordinance No. 18356, 4/29/86 Ordinance No. 19284,7/5/88 Ordinance No. 20364, 3/9/93 Ordinance No. 021578, and 10/01/97 Ordinance No. 023236. FUNDING: None CONCLUSION AND RECOMMENDATION: The Airport Board recommended approval of this Supplemental Amendment during their meeting on Jan. 18, 2006 Staff recommends approval of this Supplemental Amendment. IQLL~ 4a~ Department Head Signature Attachments: X Ordinance BACKGROUND INFORMATION The Federal Aviation Administration (FAA) maintains approach and navigational aids at the airport to assist aircraft arriving, departing and transiting the area. The standard tease with the FAA is a "no cost" lease in return for providing the services. The current VASt system is out dated and the FAA is replacing the VASl's with PAPI's. The new system will require access roads and turn around areas. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO FAA LEASE NO. DTFA07-04-L-00560 ELIMINATING ALL REFERENCES TO THE VISUAL APPROACH SLOPE INDICATOR (V ASI) AND ADDING 0.15 ACRE OF LAND FOR THE PRECISION APPROACH PATH INDICATOR (PAPI) SERVING RUNWAY 17; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his Designee is authorized to execute Supplemental Agreement NO.1 to FAA Lease No. DTFA07-04-1-00560 eliminating all references to the Visual Approach Slope Indicator (VAS I) and adding 0.15 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 17. All other terms of said Lease remain the same. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: January ;l.6"" , 2006 ~p~ J n P. Burke, Jr. emor Assistant City Attorney For City Attorney That the foregoing ordinance w~~. ~~.t~e first time and passed to its second reading on this the 3/"" day of ~' 2006, by the following vote: Henry Garrell~ Bill Kelly ~ Brent Chesney .~ Rex A. Kinnison ~ John E. Marez ~ Jesse Noyola ~ Melody Cooper ~ Mark Scott ~ ~ ---r- Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of ,2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this 2006. day of ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/31/06 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute Supplemental Agreement NO.1 to FAA Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator (V ASI) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the PAPI serving Runway 31. ISSUE: The FAA is in the process of replacing the Visual Approach Slope Indicator (VASI) system with a Precision Approach Path Indicator (PAPI) system for Runway 13/31. The lease needs to be amended to reflect the additional acreage for new access roads, easements and turnarounds. REQUIRED COUNCIL ACTION: Council approval is required on all property leases. PREVIOUS COUNCIL ACTION: On Feb. 24, 1998 Council approved the current lease with the FAA for the VASI sites. FUNDING: None CONCLUSION AND RECOMMENDATION: The Airport Board recommended approval of this Supplemental Amendment during their meeting on Jan. 18, 2006. Staff recommends approval of this Supplemental Amendment. /~~ ~' Oepa ment ead Signature Attachments: BACKGROUND INFORMATION The Federal Aviation Administration (FAA) maintains approach and navigational aids at the airport to assist aircraft arriving, departing and transiting the area. The standard lease with the FAA is a "no cost" lease in return for providing the services. The current VASI system is out dated and the FAA is replacing the VASl's with PAPI's. The new system will require easements, access roads and turn around areas. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO FAA LEASE NO. DTFA07-98-L-01123 ELIMINATING ALL REFERENCES TO THE VISUAL APPROACH SLOPE INDICATOR (V ASI) AND ADDING 0.25 ACRE OF LAND FOR THE PRECISION APPROACH PATH INDICATOR (PAPI) SERVING RUNWAY 13 AND 0.64 ACRE FOR THE PAPI SERVING RUNWAY 31; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his Designee is authorized to execute Supplemental Agreement NO.1 to FAA Lease No. DTFA07-98-L-01123 eliminating all references to the Visual Approach Slope Indicator (VASI) and adding 0.25 acre of land for the Precision Approach Path Indicator (PAPI) serving Runway 13 and 0.64 acre for the PAPI serving Runway 31. All other terms of said Lease remain the same. SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: January ~S- , 2006 ~ P. ~\L. o P. Burke, Jr. rr- nior Assistant City Attorney For City Attorney That the foregoing ordi.!},ance was read for the first time and passed to its second reading on this the .2P'CJay of ~11~, 2006, by the following vote: Henry Garrett ~ Bill Kelly ~ Brent Chesney ~Q Rex A. Kinnison ~ oi: ^ A ~ J1...: ~ Jesse Noyola ~ .~ Mark Scott ~ ~ John E. Marez Melody Cooper Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of ,2006, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott APPROVED AND PASSED on this 2006. ATTEST: day of Armando Chapa, City Secretary Henry Garrett, Mayor 18 CITY COUNCIL AGENDA MEMORANDUM February 14, 2006 AGENDA ITEM: a. Public hearing to consider abandoning and vacating a 7,215-square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way, and north of IH 37. b Ordinance abandoning and vacating a 7,215-square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right- of-way and north of IH 37; subject to compliance with the specified conditions. ISSUE: Javelina Refinery is requesting to abandon and vacate the public street right-of-way for a private dnveway and vehicular turn-around for the loading and unloading of their refinery trucks. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. elopment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Javelina Refinery, is requesting the abandonment and vacation of the 7 ,215-square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts. The dedicated ROW to be abandoned and vacated is located in a "1-2" Light Industrial District. The dedicated public ROW is located approximately 540-feet east of the McBride Lane street right of-way, and north of IH 37. The said portion of public right-of-way is being abandoned and vacated to allow for the construction of a private driveway and the loading and unloading of their trucks and a possible turn-around for their company vehicles. Javelina Refinery constructed an entrance/exist driveway on the IH 37 right-of-way for their 18- Wheeler Tractor Trucks, removing any additional vehicular traffic from Eden Lane. Javelina Refinery will not be using the Eden Lane right-of-way for any vehicular company truck traffic, but will have a chain-linked fenced with gate and a sign, with a 24 hour emergency number across the street right-of-way to allow public and private utility companies access to the utilities within the right- of-way for maintenance repairs and as an emergency entrance. Javelina Refinery is required to construct a turn-around for public vehicle traffic on Eden Lane, adjacent to and east ofthe proposed fenced gate. All public and franchised utilities were contacted regarding this closure request. The City Water Department requires that the owner retain a 15-foot utility easement at owner's expense, for an existing 2-inch waterline. Gas Department has an existing 2-inch gas line, on the northern portion of the Eden Lane right-of-way, and requires that the owner retain a utility easement at their expense. sse has an aerial cable on joint use poles within the easement and is asking that the owner retain a utility easement for the existing cable. Javelina Refinery will be retaining the entire 7,215-square feet of the Eden Lane public right-of-way as a utility easement. Staff recommends that the Owner pay the fair market value of $5,415.00 for the abandonment and vacation of a 7 ,215-square foot portion of the Eden Lane street right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B. A Holly, AICP, Director of Development Services DATE: February 8, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Februarv 14,2006 ORDINANCE CAPTION: Public hearing to consider abandoning and vacating a 7 ,215-square foot portion of the Eden Lane public right-ot- way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way, and north of IH 37. t Ordinance abandoning and vacating a 7 ,215-square foot portion of the Eden Lane public right-of-way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; located approximately 540-feet east of the McBride Lane street right-of-way and north of IH 37; subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat IS recorded in Volume 6, Page 33, Volume 47, Page 181, and Volume 31 Page 69 of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 ) Staff recommends that the Owner pay the fair market value of $5.415.00 for the abandonment and vacation of a 7,215-square foot portion of the Eden Lane street right-of-way. 2: Owner must retain the entire 7 ,215-square foot portion of the Eden Lane street right-of-way proposed for closure as a utility easement for the continuous maintenance of all existing public and private utilities within the right-of-way, by the appropriate private and public utility companies. 3, No additional vehicular traffic by refinery trucks will be allowed on the Eden Lane right-of-way, only for utility maintenance purposes or as an emergency entrance or exist. 4) Owner will be allowed to construct a chain-linked fence with gate across the right-of-way with a sign and 24 hour emergency number for utility maintenance access. 5) Owner is required to construct a turn-around for public vehicular traffic on Eden Lane, adjacent to and east of the proposed fenced gate. 6) Any relocation requires of any existing utilities will be done at owners expense. 7l Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED B . e lopment Services DATE: d-C{ 0(0 l\pproved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 7,215-SQUARE FOOT PORTION OF EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF LOT 3, EHLERS GARDEN TRACTS, LOT 3D EHLERS GARDEN TRACTS, AND LOT 5 EHLERS GARDEN TRACTS; LOCATED APPROXIMATELY 540 FEET EAST OF THE MCBRIDE LANE STREET RIGHT-OF-WAY AND NORTH OF IH 37; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 7,215-square foot portion of the Eden Lane right-at-way out of Lot 3, Ehlers Garden Tracts, plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 teet east of the McBride Street right-at-way and north of Interstate Highway 37, that Javelina Refinery is requesting to have abandoned and vacated as a street right-at-way to allow for the construction of a private driveway and the loading and unloading at its trucks and a possible turn-around for its company vehicles; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion at the right-at-way for street purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 7,215-square foot portion of the Eden Lane right-of-way out of Lot 3, Ehlers Garden Tracts plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 feet east at the McBride Street right-at-way and north at Interstate Highway 37, is abandoned and vacated for public use as a right-at-way, subject to Javelina Refinery's compliance with the following specified conditions as part of the abandonment and vacation: 1) Javelina Refinery shall pay the fair market value of $5,415 for the abandonment and vacation of a 7,215-square foot portion of the Eden Lane street right-of-way. 2) Javelina Refinery must retain the entire 7,215-square foot portion of the Eden Lane street right-of-way closed hereby as a utility easement for the continuous maintenance of all existing public and private utilities within the right-of-way, by the appropriate private and public utility companies. 3) No additional vehicular traffic by refinery trucks will be allowed on the H: Leg/garyws/agenda/2006/02-14/EdenLaneabandon Eden Lane right-ot-way, only tor utility maintenance purposes or as an emergency entrance or exit. 4) Javelina Refinery will be allowed to construct a chain-linked fence with gate across the right-ot-way with a sign and 24 hour emergency number for utility maintenance access. 5) Javelina Refinery is required to construct a turn-around for public vehicular traffic on Eden Lane, adjacent to and east of the proposed fenced gate. 6) Any relocation required of any existing utility will be done at Javelina Refinery's expense. 7) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to building pennit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H: Leg/ garyws/ agenda! 2006/02 -14/EdenLaneabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the ___ day of ,2006, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of ,2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of ,2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: February 9, 2006 By: ~i/AJ G . Smith Assistant City Attorney For City Attorney H :Leg/garyws/agendal2006/02-] 4/Edenlaneabandon LOTS EHLERS GARDEN TRACTS VOL 31, PAGE 69 M.R.N.C.r. / LOT 3 / EHLERS GARDEN TRACTS . VOL. 6, PAGE 33 M.R.N.C. T. (JAVELINA COMPANY) / / / / / / / / / I / I / / / I ~/ :&/. . .... ~~ c;/ / I I PEPPOSED I EDEN LANE yTREET CILOSURE AND I UTILITY I EASEMENT I (7,2 ~5 Sq. Ft.) / Wf'lLAN TRACT il (JA..(uINA COMPANY) ,l /7 '5/ ~ I ~/ ~ / COASTAL JAVEUNA ADDmON I t:f'/ 45 I VOL. 54, PAGE 51 /~/ iJ I M.R.N.C.T. h/ I / I c:::l ~i//I --------- CALLED 1.0 ACRES VOL 2182. PAGES 761-764 D.R.N.C.r. (JA VEUNA COMPANY) S 17"30 'OO"W 8.73' S?8:.?200'F ! s,. -#7' / I I I I I I / I / / I / I I I I / I I i / / f / CALLED 0.5 ACRES / ~L 2314. PAGE 521 ' . DR.N.C.T. f / / f ~ N" ~(J' ~~. ~Q:' U t:)' ~ ~ "i &". ~(J. Q.:~, !:>Q:' f.'j t:)' ri .:s: / / LOT <: LOT 3-D EHLERS GARDEN TRACTS VOL. 47, PAGE 181 M.R.N.C. T. THIS MAP WAS COMPILED FROM AVAILABLE RECORDS AND DOes NOT REPRESENT A SURVEY MADE UPON THE GROUND. RA~:t~ 5061 o 1 "-60' I 60' ~ N ~ 120' I e. PROPOSED EDEN ~E STREET CLOSURE AND U11UTY E'ASMENT EXHIBIT GOLDSTON ENGINEERING. INC. lJ.J ERIN (9 ~ SA V AGE -=:{ HAMPSHIRE C/) --.l <{ ~ z (Y HALL '2 I (Y C) 0::: C) <( ~ w I l- I- (f) z LEOPARD ~ w W f-' 0 CD ~ (Y 0.- W CD 2: CD ~\ <( z u u =:J 2: c,/) - -+---~ ~=::::::- UNION e. p~C\f\C NEff o c z z MARGARET THOMAS ~ N , PROPOSED EDEN LANE STREET CLOSURE AND UTIUTY EASEMENT SITE MAP GOLDSTON ENGINEERING, INC. CALLED 1. 0 ACRES VOL. 2182, PAGES 761-764 D.R.N.C.T. (JA VELINA COMPANY) S17"30'OO"W 8.73' S78"22'oo_ 154.47' F LOT 5 EHLERS GARDEN TRACTS VOL. 31, PAGE 69 M. R.N. C. T ,'.r ,'" ,:-.. ;-~) L /", L C,K" .~) (JA VEL/NA COMPANY) S78'22'00.E ----~~~' EDEN l.of L./-fN E tjJ ~ N~ ~C.i ~~ '<\,Q:' t> c::s & ! CALLED 0.5 ACRES j /VOL. 2314, PAGE 52rt D.R.N.C.T. / ! / i Lor <; L__ --- JAVe:L1NA LOT 3-D EHLERS GARDEN TRACTS VOL. 47, PAGE 181 M.R.N.C. T. THIS MAP WAS COMPILED FROM AVAILABLE RECORDS AND DOES NOT REPRESENT A SURVEY MADE UPON THE GROUND. ~&~ 5061 -~ 0- LOT 3 GAROE/\ TRACTS 6, PAGE 33 M.R N. C / / / / i / / / / i / / / / / / ^' ~. / t;/ / I / pkOPOSED/EDEN LANE STREET CILOSURE AND ! UTILITY / EASEMENT / (7,2 ~5 Sq. Ft.) / / W1ELAN TRACT / 11 (JA~L1NA COMPANY) ~/ // ~/ I ./ r~/ ~ / ilJ/ ~ / ~/ ~ /~ .~ / COASTAL JAVELINA ADDmON I.' <<J / VOL. 54, PAGE 51 /f2/ /J / M.R.N.C.T. f/".,! 1 /' i /L/q I I ! t/J R /J #..: ~C.i Q:~ ~Q:' ~t:::J' rf .s: o 1 "-60' I 60' ~ N i 120' I PROPOSED EDEN LANE STREET CLOSURE AND UTIUlY EASMENT EXHIBIT GOLDSTON ENGINEERING, INC. 19 CITY COUNCIL AGENDA MEMORANDUM February 14, 2006 AGENDA ITEM: A. Public hearing in connection with the issuance by the Colorado Educational and Cultural Facilities Authority of its tax exempt obligation for the benefit of the Educational Media Foundation in the aggregate principal amount of approximately $16,500,000, B. Resolution of the City of Corpus Christi, Texas approving the issuance of tax exempt obligation by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation as required by Section 147 (f) of the Internal Revenue Code of 1986, as amended. ISSUE: The Educational Media Foundation has requested that the City of Corpus Christi authorize a resolution approving the issuance of tax-exempt obligation in the amount of $16,500,000 by the Colorado Educational and Cultural Facilities Authority for the benefit of Educational Media Foundation. Section 147(f) of the Internal Revenue Code requires, as a condition to receiving tax-exempt treatment on the obligation, that each governmental unit having jurisdiction over the area in which any facility with respect to which financing is to be provided from the net proceeds of an issue is located, approve the issue after a public hearing following reasonable public notice. Approximately $350,000 of the proceeds will be used for the benefit of local non-commercial radio station KKLM-FM which is operated by Educational Media Foundation. Approval of this issuance is done solely for the purpose of complying with the requirements of the Internal Revenue Code pertaining to tax-exempt status of the issuance, and in no way obligates, or creates or establishes any liability on the part of the city of Corpus Christi with respect to the facility or the obligation. REQUIRED COUNCIL ACTION: Approval of the Resolution as presented. FUNDING: None PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Approval of the Resolution. Attachments: Letter from law firm of Peck, Shaffer & Williams, bond counsel, Resolution approving issuance. 9~, J~ W' lr~ 119 ~~~ SUITE 845 "'t: EPHONE ::303 296 3996 555 1 7't'< STREET DENVER, COLOR....DO aC2C2 1877--296-0333 FAX 303-295 0344 WWW.f'ECK-SHAFFER.COM December 16, 2005 Corpus Christi, Texas City Hall - Council Chambers 1201 Leopard Corpus Christi, Texas Attention: Lisa Aguilar, Assistant City Attorney Email:lisaa@cctexas.com Re: Educational Media Foundation Ladies and Gentlemen: Our firm is acting as bond counsel in connection with the proposed issuance ofa tax-exempt obligation (the "Obligation") by the Colorado Educational and Cultural Facilities Authority, an independent public body public and corporate of the State of Colorado (the "Authority") for the benefit of Educational Media Foundation, a California non profit corporation (the "Borrower") which operates a non-commercial radio station (KKLM-FM) that is licensed to operate in your City. This letter is in response to the request for some background information on the role of City in the transaction. The proceeds of the Obligation will be used for the purposes of: (a) refInancing the cost of acquiring an FCC non-comrnerciallicense to operate a radio station that offers contemporary Christian music, public affairs programming, public service announcements and personal counseling by phone to listeners, (b) equipping the radio station which the Borrower will operate, and (c) paying certain costs of issuance of the Obligation, (collectively, the "Project"). You requested we provide a discussion regarding the power of the Authority to issue the Obligation. The Borrower operates nine non-commercial radio stations located in Colorado. The Borrower is an organization described in Section 50l(c)(3) of the Internal Revenue Code, based on its educational mission. The Authority is empowered to issue the Obligation for the Project pursuant to c.R.S. 23-15-101 et seq (2004) (the "Act") and specifIcally is empowered under 21-15-103 (7)(b) to issue the Obligation for the benefit of an educational institution for projects located outside the state, if the Borrower operates educational facilities (as defIned in the Act) in Colorado. Since the Borrower is an educational institution (within the meaning of the Act) that operates nine Colorado stations, the Authority can fInance a project located outside of Colorado. The Authority. therefore, has the power to issue the Obligation for the Project. Federal lax law also plays a large role in any tax-exempt financing, including this one for the ;,.~ICA,GO. LL >l015 CINClt"N.A,1,DHIU COLUMBUS, OHIO COVIN13TON, KENTUCKY LOUISVIL.LE, KENTUCKY #684v! ~~d. ~ gc ~~ .Le City of Corpus Christi, Texas December 13,2005 Page 2 Borrower. The Borrower needs the assistance of the City to meet one of the tax law requirements. Section 147(h) of the Internal Revenue Code of 1986, as amended (the "Code") requires that a public hearing for bonds issued for the benefit of non-profit corporations be held in the local area where the project being fmanced with tax-exempt obligation is located, after the publication of notice in accordance with the Code requirements. Further, the Code requires that a public body like the City Council formally approve the issuance of the Obligation. Thus, the Borrower requests the City to cause the notice to be published, hold a public hearing and pass a resolution approving the Obligation. The public hearing mandated by the Code only requires the City to give interested parties the right to make statements about the Project or the Obligation, and does not require the City to conduct a debate or make a determination on the merits of the Project. The approval given by the City is to merely meet the Code requirements. Further, such actions by the City Council do not obligate the City to make any payments with respect to the Obligation, nor will the Obligation become the indebtedness of the City. We will provide the form of the public notice and the City Council resolution are included with this letter. You asked me to comment on what would occur if Corpus Christi did not hold the hearing. If Corpus Christi does not hold the hearing, the financing costs for EMF will remain at a higher, taxable rate which will limit the Company's ability to provide educational programming to the City. Thank you for your assistance and we are available to answer any questions you might have. We look forward to completing this with you. Very truly yours, I' J I ~ (,L-. Mary L. Groves MLG:lrw II 572 v2 9ed, J~ gc y~ JJ9 ~d'c~ SUITE 645 555 SEVENTEENTH STREET DENVER, COLORADO 80202-5402 TELEPHONE 303-296 39915 677-296'0333 FAX 303-2915-0344 WWW.F'ECK-SHAFFER.CCM February 9, 2006 City of Corpus Christi, Texas City Hall - Council Chambers 120 I Leopard Corpus Christi, Texas Attention: Lisa Aguilar, Assistant City Attorney Email: lisaa@cctexas.com Re: Colorado Educational and Cultural Facilities Authority Tax-Exempt Obligation (Educational Media Foundation) Ladies and Gentlemen: We have acted as bond counsel with respect to the above-captioned Obligation and have rendered our unqualified opinion as bond counsel of even date herewith. You may rely on such opinion as if it were addressed to you. Very truly yours, '~~/'J\~/~ ATLANT" GA IIns ,! CHJCAGCJ, IL CINCINNATI, OH COL-UMSUS, OH CDV'NGTCN, KY LOUISVILLE. KY DRAFT 01/06/06 Suite 845 Telephone 303.296 0344 555 17th Street 1.877-296-0333 Denver, Colorado 80202 Fax 720-904 9149 www.peck-shaffer.com February ,2006 Colorado Educational and Cultural Facilities Authority 1981 Blake Street Denver, CO 80202 Re' Colorado Educational and Cultural Facilities Authority Tax-Exempt Obligation (Educational Media Foundation) Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by the Colorado Educational and Cultural Facilities Authority (the "Issuer") of its Colorado Educational and Cultural Facilities Authority Tax-Exempt Obligation, in the principal amount of$ (the "Obligation"). We have examined the law and such certified proceedings and other papers as deemed necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon representations of the Issuer and of Educational Media Foundation, a California nonprofit corporation (the "Corporation"), contained in the Master Financing Agreement described below, the Issuer's certified proceedings and other certifications of its officials furnished to us, and certifications by the Corporation (including certifications as to the use of Obligation proceeds which are material to the paragraph numbered 4 below), without undertaking to verify the same by independent investigation. We have also relied on continued compliance by the Issuer and the Corporation with their respective covenants contained in the Master Financing Agreement described below relating to the issuance of the Obligation and pertaining to those sections of the Internal Revenue Code of 1986, as amended (the "Code") that affect the exclusion from gross income of interest on the Obligation for Federal and Colorado income tax purposes, Our examination was necessarily limited to the foregoing as they exist or are in effect as of the date hereof. The Obligation is issued pursuant to Article 15, Title 23 of the Colorado Revised Statutes and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, a Master Financing Agreement (the "Agreement") between the Issuer, the Corporation and OE Capital Public Finance, Inc. (the "Lender"), and a resolution of the Issuer authorizing the execution and delivery of the Obligation (the "Obligation Resolution"). Proceeds of the Obligation are to be loaned to the Corporation pursuant to the provisions of the Agreement. Atlanta, GA ;l'17-i \"1 Chicago IL CinCinnati OH Columbus, OH Covington. KY Louisville, KY Colorado Educational and Cultural Facilities Authority Februar) , 2006 Page :2 Operation of the assets financed with proceeds of the Obligation will be subject to certain covenants contained in the Agreement. Pursuant to the Agreement, the Corporation has agreed to make payments sufficient to pay when due the principal of and interest on the Obligation. The rights of the Issuer under the Agreement (except certain rights to indemnification, reimbursements, administrative fees and notices and the right to perform certain discretionary acts) are pledged and assigned by the Issuer to the Lender as security for the Obligation. The Obligation is payable solely from such revenues and funds as are pledged and assigned to the payment thereof pursuant to the Agreement. The Obligation bears interest at the rates and matures on the date set forth in the Agreement. The OblIgation is subject to prepayment upon certain circumstances, terms and conditions described in the Agreement. Based OIl our examination described above and in reliance upon the opinion referred to below, we are of the opinion as follows: 1 The Issuer is duly created and validly existing as a public body corporate and politic and instrumentality of the State of Colorado, with the power to enter into and perform its Obligation under the Agreement and to issue the Obligation. The Agreement has been duly authorized, executed and delivered by the Issuer and is the valid and binding obligation of the Issuer enforceable against the Issuer. --- '[he Obligation has been duly authorized, executed and delivered by the Issuer and is the valid, binding, enforceable, special, limited obligation ofthe Issuer, payable solely from the revenues pledged and assigned to the payment thereof pursuant to the Agreement. 4. Interest on the Obligation is excludable from gross income for federal income tax purposes under existing law. The Obligation is a "qualified SOl(c)(3) Obligation" within the meaning of the Code, and interest on the Obligation is not subject to the alternative minimum tax on individuals and corporations, except that interest on the Obligation will be included in the "adjusted current earnings" of a corporation (other than any S corporation, regulated investment company. REIT. REMIC or F ASIT) for purposes of computing its alternative minimum tax. The opinion set forth above is subject to the condition that the Corporation comply with all requirements of the Code that must be satisfied subsequent to the issuance ofthe Obligation in order that interests thereon be (or continue to be) excluded from gross income for Federal income tax purposes. The Corporation has covenanted to comply with all such requirements. Failure to comply with certain of such requirements could cause the interest on the Obligation to ~77,~ '. ; Colorado Educational and Cultural Facilities Authority Februar)~. 2006 Page 3 be included in gross income retroactive to the date of issuance of the Obligation. We express no opinion regarding other Federal tax consequences arising with respect to the Obligation. 5 Interest on the Obligation is excludable from taxable income for Colorado income tax purposes and from Colorado alternative minimum taxable income under existing law. 6. The Obligation and the interest thereon shall never constitute a general obligation, debt or indebtedness of the Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Colorado and shall not constitute or give rise to a pecuniary liability of the Issuer or charge against its general credit or taxing powers, but are payable solely from the revenues pledged and assigned to the payment thereof. In providing such opinions, we have relied on representations of the Issuer, the Corporation, and Coughlin and Company, Inc. (the "Underwriter") with respect to matters solely within the knowledge ofthe Issuer, the Corporation and the Underwriter, respectively, which we have not mdependently verified, and have assumed continuing compliance with the covenants in the Agreement pertaining to those sections of the Code that affect the exclusion from gross income of interest on the Obligation for federal income tax purposes. We have further relied on the opinion of The Law Offices of David E. Frank, Auburn, California, counsel to the Corporation, to the effect that the Corporation is exempt from tax pursuant to section 501(a) of the Code by virtue of being an organization described in section 501 (c )(3) of the Code. If such representations are determined to be inaccurate or incomplete, or the Issuer or the Corporation fails to comply with the foregoing covenants of the Agreement, interest on the Obligation could become includable in gross income from the date of its original delivery, regardless of the date on which the event causing such inclusion occurs. Certain requirements and procedures contained or referred to in the Agreement and other relevant documents may be changed and certain actions may be taken or omitted under the circumstances and subject to the terms and conditions set forth in such documents, upon the advice or with an approving opinion of nationally recognized bond counsel. No opinion is expressed herein as to the Obligation or the interest thereon on or after such change that occurs or action that is taken or omitted upon the advice or approval of counsel other than ourselves. Except as stated above, we express no opinion as to any federal, state or local tax consequences resulting from the receipt or accrual of interest on, or acquisition, ownership or disposition of, the Obligation. #7~ 4 vJ Colorado Educational and Cultural Facilities Authority February ,2006 Page 4 Owners of the Obligation should be aware that the ownership of tax-exempt bond may result in collateral federal income tax consequences to financial institutions, life insurance and property and casualty insurance companies, certain S corporations with Subchapter C earnings and profits, individual recipients of Social Security or Railroad Retirement benefits, taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry tax-exempt bonds, taxpayers owning an interest in a F ASIT that holds tax-exempt bonds and individuals otherwise qualifying for the earned mcome credit. In addition, certain foreign corporations doing business m the United States may be subject to the "branch profits tax" on their effectively-connected earnings and profits (including tax-exempt interest such as interest on the Obligation). We express no opinion as to the status of the Obligation under the "Blue Sky" or legal investment laws of any state jurisdiction, or as to any information prepared in connection with the offer or sale of the Obligation It is to be understood that the rights of the holders of the Obligation and the enforceability of the Obligation and the Agreement may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable, and that their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity, and may be limited by the reasonable exercise of the police power of the State of Colorado and by the exercise ofthe powers delegated to the Ilnited States of America by the Federal Constitution. The opinions set forth above are based on existing law, which is subject to change. Such opinions are further based on our knowledge of facts as of the date hereof. We assume no duty to update or supplement these opinions to reflect any facts or circumstances that may hereafter come to our attention or to reflect any changes in any law that may hereafter occur or become effective Very truly yours, #7, ~ y I RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVING THE ISSUANCE OF TAX EXEMPT OBLIGATION BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY FOR THE BENEFIT OF EDUCATIONAL MEDIA FOUNDA TION AS REQUIRED BY SECTION 147 (F) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. WHEREAS, Educational Media Foundation, a California nonprofit corporation which operates a non-commercial radio station (KKLM-FM) located at 410 S. Padre Island Drive, Suite 207, Corpus Christi, Texas (the "Borrower") has requested the Colorado Educational and Cultural Facilities Authority (the "Issuer") to issue its Tax-Exempt Obligation for the benefit of the Borrower, in the aggregate principal amount of approximately $16,500,000 (the "Obligation"); and WHEREAS, the proceeds of the Obligation will be used for the purposes of: (a) refinancing the cost of acquiring an FCC non-commercial license to operate a radio station assigned to Corpus Christi, Texas by the FCC that offers contemporary Christian music, public affairs programming, public service announcements and personal counseling by phone to listeners. (b) equipping the radio station which the Borrower will operate, and (c) paying certain costs of issuance of the Obligation. WHEREAS, in order to achieve interest savings, the Borrower desires that the Obligation be issued in compliance with the requirement of the Internal Revenue Code of 1986, as amended (the "Code") so that interest on the Obligation will be excludable from the gross income of the holders; and WHEREAS, SectIOn 147 (f) of the Code requires, as a condition to receiving tax-exempt treatment of the interest on the Obligation, that an authorized, elected representative approve the Obligation and the City Council of Corpus Christi (the "Council") constitutes such an authorized, elected representative: and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRlSTI AS FOLLOWS: Section I. The issuance of the Obligation by the Issuer in an aggregate amount not to exceed $ ] 6,500.000 is hereby approved. Section 2 Such approval shall be solely for the purposes of Section 147 (t) of the Internal Revenue Code of 1986, and the City of Corpus Christi, Texas, shall have no liabilities for the payment of the Obligation nor shall any of its assets be pledged to the payment of the Obligation Section 3: In providing this approval, the City makes no representations with respect to any of the projects to he financed with the proceeds of the Bonds, specifically, but not by way of 01,85 '. limitation. with respect hl any projects outside the City of Corpus Christi which are to be financed with approximately $16.150,000 of the proceeds of the Bonds, of which the City has no knowledge. Section 4: fhis Resolution shall take effect and be in full force immediately after its adoption by the Council THIS RESOLUTION HAVING BEEN DULY CONSIDERED AND VOTED UPON WAS PASSED AND APPROVED THIS DA Y OF , 2006. CITY OF CORPUS CHRISTI, TEXAS A TIES'l By: , Mayor ~___' City Clerk APPROVED: February 9, 2006 ~ ' ~ By vC. ...A/~-L h~ -C'-,j Lisa Aguilar " " '--./ Assistant City Attorney for City Attorney ") ~ "68< Corpus Christi, Texas of ,2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott .68' v2 "l j 20 AGENDA MEMORANDUM PUBLI(' HEARING- ZONING (City Council ActIOn Date: 2/14/06) Case No. Ol06-01-AI Development, Inc.: A change of zoning from a "F-R" Farm Rural District to a "R-IB" One-Family Dwelling District. The property IS 47.87 acres out of Lots 3-6, Section 21, Flour Bluff and Encmal Farm & Garden Tracts. located 900 feet west of Airline Road along future Lipes Boulevard. Planninl! Commission and Staff's Recommendation 0/11/06): Approval ofa "R-1B" One-Family Dwelling District. Requested Council Action: Approval of a "R-l B" One-Family Dwelling District. Purpose of Request: Proposed 214 single-family lots subdivision. Summan: . Existing Land Use: The subject property is vacant land. . Density: Mimmum lot area permitted in the "F-R" District is five (5) acres and in the "R-IB" District provldes for a minimum lot area of 6.000 square feet and minimum lot width of 50 feet with a front yard setback of 25 feet . Transportation: . I Ipes Boulevard h proposed In the Urban Transportation Plan as a four lane collector with a capacity of 8,250 trips per day. . The proposed 214 lots \vould generate 2,140 average daily trips along the future Lipes Boulevard extension (County Road 26), . Comprehensive Plan and Land Use Compatibility. The proposed subdivision is consistent with the Future Land Use Plan and the Southside Area Development Plan. Recommendation: Approval of the "R-1 B" One-Family Dwelling District. Applicant's Position: The applicant is in agreement with the staffs recommendation. Agenda Memorandum Case No 1106-01 (AI Development, Inci Page 2 Notification: Of the eleven (11) notIces mailed to the surrounding property owners, none were returned m favor or opposition. The 20% rule is not invoked. This case is considered noncontroversial. Mi~.t{~~P~ Assistant Director of Development Services MGIFGM/als Attachments: 1 ) Zoning Report 2) Planning CommiSSIOn Mmutes (1/11/06) 3) Ordinance H\P[,N-OlR\SHARED\GAIL\ WORD AGENDMEM\2006''January\01 06-0 1 AGENDAMEMO,doc CITY COUNCIL ZONING REPORT Case No. 0106-01 Planning Commission Hearing Date: January 11,2006 ~ ~ CI.; = ..J e ~; c. ... .. = ... = (J (J ~ .. Cl.I c..Q c. -< ! I Applicant: Al Development, Inc. I Owner: Same as applicant i Agent: Naismith Engineering, Inc. I I Property Address/Area: 47.87 acres out of Lots 3 through 6, Section 21, Flour Bluff I and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road and along the i south side of the future Lipes Boulevard extension (County Road 26). ! I , From: "FR" Farm Rural ... ~ Cl.I = I:r CI.; c:.:: ~ = 'j:; e N To: "R-I B" One- family Dwelling District Area: 47.87 acres Purpose of Request: Proposed 214 single-family lots subdivision. Existing Land Use Future Land Use Vacant Low-density residential Vacant Low-density residential ----.-,.- Vacant Low-density residential and Commercial -"--~~--- Vacant Low-density residential, Medium density residential and Commercial -~.._". "-"~--". Vacant Low-density residential, I Medium density residential I _..._.~ ----~- ..-- ~ Cl.I ~ ;J '0 = = ..J '0 = e= ~ = 'j:; e N ~ = .. ... ~ .. ~ ~ Zoning Site "FR" District North "R-l B" District ....-t:-'_...._'- South "F-R" District )..---- -----_.,-~-,.._--- 'East i "F-R" District , ---~------ West I "F-R" District ~ '" c.= e= e :g~ ~] Q> -< Area Development Plan: Southside ADP - The "R-IB" District is consistent with the adopted Southslde Area Development Plan land use map. Map: 042031 Zoning Violations: None Lomng Report Case No. 0106-01 (AI Development. Inc) Page 2 · Existing Land Use: The subject property is vacant land. . Density: Minimum lot area pennitted in the "F-R" District is five (5) acres and in the "R-l B" District provides for a minimum lot area of 6,000 square feet and minimum lot width of 50 feet with a front yard setback of 25 feet. c ~ c c = r:rJ <Il ti:: ~ .... rJj . Transportation: . Lipes Boulevard is proposed in the Urban Transportation Plan as a four lane collector with a capacity of 8,250 trips per day. · The proposed 214 lots would generate 2,140 average daily trips along the future Lipes Boulevard extension (County Road 26). . Comprehensive Plan and Land Use Compatibility. The proposed subdivision is consistent with the Future Land Use Plan and the Southside Area Development Plan. ~ o ~ Street Type Paved Section Volume 2001 Not Available i Future Lipes Boulevard Collector i extension (County Road 26) 50' R.O.W. wi 20' Bk to Bk I paved section I (Planned 70' ROW wi 48' Bk to Bk avin) .... ~ ~ 1000 - r:rJ <Il ~.s ii':-5 VJ i Subject property has not been platted. Platting will be required prior to development. I I -= <Il I ~.... C ~ .... c a c c.o ~u i I No comments ! Zomng Report Case No 0106-01 (AI Development.lnc) Page 3 c ,S ... C':l 1::; C':l (Ii ... E rJj E o ~ (Ii ~ Approval of the '-R-I So, One-Family Dwellmg District. = o = '': O!l ,9 oS = r.I) ... .- r.I) = = ,- (Ii, = ~ ~: == 0 0' U ~ i (Ii 0::' Approval of the "R-IB" One-Family Dwelling District. fotl "'-e = (Ii (Ii ... E 'Ci:i E ~ o (Ii uO:: Number of Notices Mailed: 11 Favor 0 Opposition 0 (As of) Attachments: Zoning Map H:.PIN "DII~" SHAREf).(iA II . \VOl< D\ZONRPTS\2006\January\0 I 06-0 I CCREPORTdoc F-R Y()~1r '" ~o~ . I\t 131. ~~ R-18 ALXI-KC-j HI t:~R F..rm Rural District RE Residential Estate Dist,icl RA One FamUy Dw.lUng District R.1A One Family Dwelling Oistrict R.1B One Family Dwelling District R-le One Family Owelin1l District City of Corpus Christl, TX ~'- ; ',- - ,~ ,: ~ I I '; :~ I ~ II ,~ _ ., "",.... ....,. ~..' . DelMrtmeftl of o.velopmenl Serwie_s R-1B F-R ........ F-R 26 '0 ~ Wi $1 .~<(i I ' I I /~. L /'Qf! --Q / '-Ii . SIl' I ~ / .,)9 ! '''I !O~,/ / /, CASE ZQ;tlQe~Q~ I NOTECB .4.1 P. TH Townhouse Dwelling District B-1 Neighborhood Business District B.1A Neighborhood Business District B-2A Barrier Island Business District ';.2 Multiple Owellin~ District 1.1A Tra'llel Trailer Park District T .18 Manufactured Home Park District B-2 Bayfront Business District SO Corpus Christi Beach aesign District ~ .1e Manufactured Home Subdivision District A-1 Apartment HOUH District A~1A Apartment House District A-2 Apartmenl House District 8-3 Business District B~ General Business District 8-5 Primary Business District AT Apartment-Tourist District 8-6 Primary Busineu Cor. District 1-1 Limited Industrial District A8 Professfona' Office District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUO Planned Unit Development He Historical..cultural landmark Preservation N ~ w~I'.~:.>11 ..I~E L "::"-_, .... s o 250 500 Feel I MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - January 11, 2006 a 0 1 06-0 1 Al Development, Inc: "F-R" Farm ~Rural District to a "R-IB" One-family_Dwelling District 47.87 acres out Lots 3-6. Section 21, Flour Bluff and Encinal Farm & Garden Tracts located 900' west of Airline Road along future Lipes Boulevard, Adriana Trujillo presented the subject property with a powerpoint presentation describing the property location with an area of 47.87 acres and existing land use shown being primarily vacant land with a "R-lE" One-family District on the north side. The property is 900 feet on the west side of Airline and is conslstent with the future land use plan. The subject property has not been platted and platting will be required prior to development. Staff recommends approval of the "R-l B" One-family Dwelling District. In answer to Commissioner Zamora's question, Ms. Teniente stated that as part ofthe platting process the applicant would have to provide adequate access. Future Lipes Road is due for completion is solely up to the developers to extend that area. Public heanng was opened, There was no one in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent. H:\PIN.nIJ< SHARED",CiAIL'.WOR[)\ACiE'IDMEM\2006\January\OI 06-01 Minutes Fxcerpt.doc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL DEVELOPMENT, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 47.87 ACRES OUT OF LOTS 3 THROUGH 6, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM RURAL DISTRICT TO "R-1B" ONE- FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of AI Development, 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, January 11, 2006, during a meeting of the Planning Commission, and on Tuesday, February 14, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 47.87 acres out of lots 3 through 6, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located 900 feet west of Airline Road and along the south side of the future Lipes Boulevard extension (County Road 26) from "F-R" Farm Rural District to "R-1 B" One-family Dwelling District. (Map 042031) (Exhibit Metes/Bounds) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 14th day of February, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett. Mayor, City of Corpus Christi APPROVED February 8, 2006. ~~ Assistant City Attorney For City Attorney H\LE G-DIR\garyws\garyws\agenda\2006\02-14\01 06-01 RegularZoning AI Develop.doc Page 3 of 3 Corpus Christi, Texas day of ,2006 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. IIwe, 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 Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\lE G-DIR\garyws\garyws\agenda\2006\02-14\01 06-01 RegularZoning AI Develop.doc 21 AGENDA MEMORANDUM City Council Action Date: February 14. 2006 AGENDA ITEM: A resolution authorizing the City Manager or his designee to accept a grant from The Morris L. Lichtenstein, Jr., Foundation in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to execute an agreement with the Foundation for that purpose ISSUE: I n an effort to reduce pet overpopulation, the Lichtenstein Foundation is awarding this grant to the City of Corpus Christi to allow dogs and cats owned by Corpus Christi citizens to be soayed or neutered at minimal cost. Steady progress is being made in ordinance enforcement and education of the public on responsible pet ownership. This Lichtenstein Foundation grant will give the City an opportunity for an affordable spay and neuter program accessible to the general public. This program will have a major effect on the animal population and on' the health and welfare of the citizens of Corpus Christi. Literature supports the fact that a vaccinated and spayed or neutered dog or cat is a healthier, socially better adjusted animal. These animals are less likely to stray, display aggressive behavior, bite, or scratch and to be abandoned by its owner. REQUIRED COUNCIL ACTION: Acceptance of the grant funds and authorization to execute an agreement. PREVIOUS COUNCIL ACTION: None. FUNDING: There IS no match funding required, CONCLUSION AND RECOMMENDATION: Recommend City Council to acceptthe grant from The Morris L. Lichtenstein, Jr., Foundation in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to execute an agreement for that purpose, dJ ' ) /JLr.u#:'. 1;, "i'~ ... _ . M )'11- Annette RodrigueZ! M~.H. Acting Director of Public Health BACKGROUND INFORMATION Due to pet overpopulation in Texas, over half a million animals are euthanized annually at a cost of over $20 million dollars. These figures do not include animals that are abandoned and die from starvation, disease or trauma. Stray animals represent public health threats through a variety of diseases such as rabies, toxoplasmosis, plague, and parasitic infections. Failure to surgically sterilize (spay or neuter) pets is irrefutably a major cause of pet overpopulation. The cost of the surgery is prohibitive for many pet owners. As a response to these problems, the Morris L. Lichtenstein, Jr., Foundation desires to make available to the City of Corpus Christi grant funds for start-up costs and staffing support for a one (1) year period. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT FROM THE MORRIS L. LICHTENSTEIN, JR., FOUNDATION IN THE AMOUNT OF $244,000 TO ESTABLISH A SPAY AND NEUTER PROGRAM AND TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH THE FOUNDATION FOR THAT PURPOSE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant from The Morris L. lichtenstein, Jr., Foundation, in the amount of $244,000 to establish a Spay and Neuter Program and to authorize the City Manager or his designee to exe- cute an agreement with the Foundation for that purpose. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: February 8,2006 h R. Hundley Assi nt City Attorney for the City Attorney EHres176 doc Corpus Christi, Texas ,2006 The above resolution 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 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Results of the 2005 Citizen Satisfaction Survey STAFF PRESENTER(S): Name George K. Noe Title/Position City Manager Department City of Corpus Christi OUTSIDE PRESENTER(S): Name Title/Position Organization Daniel J. Jorgensen, Ph.D. Asst. Professor of Public Administration TAMU-CC ISSUE: The City's annual citizens' survey has been completed and the results are ready to be released. The purpose of the survey is to allow the citizens of Corpus Christi the opportunity to confidentially report their attitudes toward city performance in key areas. BACKGROUND: This is the fourth consecutive year that the City has conducted the Citizen Satisfaction Survey. The survey rates citizens' attitudes and perceptions toward 41 service and quality of life issues ranging from police and fire protection to keeping citizens informed about matters that affect them. New to this year's results are scores that were translated to a 100 point scale to make comparison with the National Citizens Survey (ICMA, 2005) and other jurisdictions more meaningful. To arrive at the scale, responses were weighted on a 100 point basis. This year's results show that 76% of the residents of Corpus Christi rated the overall quality of services as good to excellent. This rating is up nearly 10 percentage points from last year's survey results The City contracted with Texas A&M University-Corpus Christi to perform the survey. The complete results are under separate cover. 4~~ Ge6rge K. Noe, City Manager Iii:} -- ......, (/) -- '- '- Q)..c 1::U Q) (/) ~ >u ::] - - Q) ..c c... E2:uQ U::]'-U Vl co I Ul Q)~ ::J C ID-- c.. Q) ~ Ul Q-~ Qj U~Q)> U u-- "I- CC OLnQJ:::> ~ 8 -0 ::E -- N Vl ciS U ro<e -- u Ul o ro Vlx Q) ~ >- Q) > L.. :J (f) '-I- o Q) If) o c.. I.- :::J a.. 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