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Agenda Packet City Council - 02/22/2011
11:45 A.M. - Proclamation declaring March 2011 as "Colorectal Cancer Awareness Month" and March 4, 2011 as "Dress in Blue Day" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 22, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or 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 limitedo, habra un interprete ingles- espano! en Codas las juntas del Concilio 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 Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Charles Blackshear, First Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris N. Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting February 22, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of February 15, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Building Standards Board * Retired and Senior Volunteer Program Advisory Committee * Sister City 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. 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.) H. 3. Motion approving a service agreement with McNeilus Truck & Manufacturing, of Hutchins, Texas for the refurbishment of thirty -two (32) solid waste refuse trucks for a total amount of $148,941. The award is based on sole source and will be used Agenda Regular Council Meeting February 22, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) by the Solid Waste Department. Funds are available in the Solid Waste Operation Budget in FY 2010 -2011. (Attachment # 3) 4. Motion approving a supply agreement with General Chemical Performance Products, LLC of Parsippany, New Jersey for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid Invitation No. B1- 0069 -11, based on low bid, for an estimated annual expenditure of $1,257,490, of which $523,954.17 is required in FY 2010 -2011. 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 contractor and the City Manager, or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted by the Water Department in FY 2010 -2011. (Attachment # 4) 5. Motion authorizing the purchase of specialized equipment for the total amount of $226,000 from the 2010 State Homeland Security Program Law Enforcement Terrorism Prevention Activity (SHSP LETPA) grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 5) 6. Resolution authorizing the submission of a grant application in the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to establish a Regional Fusion Center with a cash contribution of $25,000 from the Law Enforcement Trust Fund and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 6) 7. a. Resolution authorizing the City Manager or his designee to accept a $40,000 National Recreation and Park Association Achieve Grant to develop a Community Action Plan that will address chronic disease prevention and health promotion, and to execute all related documents. (Attachment # 7) b. Ordinance appropriating $40,000 grant from the National Recreation and Park Association Achieve Grant in the No. 1067 Parks and Recreation Grant Fund, to develop a Community Action Plan that will address chronic disease prevention and health promotion. (Attachment # 7) Agenda Regular Council Meeting February 22, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Ordinance authorizing the City Manager or his designee to execute an amendment to the MMD Communications agreement regarding the 2011 Boat Show Event at Peoples Street T -Head to amend term from ten days to eight days (April 4 through April 11, 2011) and rent fees from $30,000 to $18,000. (Attachment # 8) 9. Resolution amending the service provider and custodial agreements with Valic Retirement Services Company and AIG Federal Savings Bank for services with respect to the Deferred Compensation Plan for sworn police officers adopted by Resolution No. 024321 to extend the current renewal term of the agreements. (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,602.20 for the Fire Station No. 3 Renovations. (BOND ISSUE 2008) (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a Warranty Deed and a Utility Easement instrument with George T. Smith and wife, Faye K. Smith in the total amount of $107,133 plus $794 for a title policy, for the acquisition of Parcel 7 containing 1.122 acres of land for street right -of -way improvements located at the northwest corner of Airline Road at Lipes Boulevard and Parcels 7A and 7B containing 0.248 acres of Utility Easement for construction of drainage improvements along the frontage of Airline Road to Master Channel 31, all necessary for the Airline Road Street Improvement Project - Saratoga Boulevard to Rodd Field Road, Project #6465, Bond 2008 and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 11) 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 Agenda Regular Council Meeting February 22, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of an Interim City Manager with possible discussion and action in open session. 13. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager with possible discussion and action in open session. J. PUBLIC HEARINGS:, ZONING CASES: 14. Case No. 0111 -04, CGP Acquisition & Development, LLC: The applicant is requesting a change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of future land use from a low - density residential use to a commercial use. The property to be rezoned is 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street. (Attachment # 14) Staffs Recommendation: Denial of the applicant's request for a change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District. Planning Commission's Recommendation: Approval of the applicant's request for a change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by CGP Acquisition & Development, LLC, by changing the Zoning Map in reference to 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street, from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District, resulting in a change of future land use from a low- density residential use to a commercial use; amending the Comprehensive Plan to account Agenda Regular Council Meeting February 22, 2011 Page 6 K. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Resolution declaring the City of Corpus Christi's support of the development of The Palms at Leopard Street. (Attachment # 15) 16. First Reading Ordinance — Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Attachment # 16) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update (Attachment # 17) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M. , OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. Agenda Regular Council Meeting February 22, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hail, 1201 Leopard Street, at Z: be, p.m., on February 17, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goats are on attached sheet. City Council Goals 2010 -2011 L sr tr.0 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Cornmunity-Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 15, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott* Linda Strong *Arrived at 1:33 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Miriam Berger with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting and Workshop meeting of February 8, 2011. Council Member Elizondo announced that his intention was to abstain on Item 14 of the February 8th Regular meeting and asked for the record to reflect that abstention. Ms. Martinez made a motion to accept the amendment. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. Ms. Martinez made a motion for approval of the minutes of the regular Council meeting of February 8, 2011 as amended and the workshop meeting of February 8, 2011. The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 11). There were no comments from the public. Mayor Adame requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2.a. ORDINANCE NO. 028950 Ordinance appropriating and approving the transfer of funds in the amount of $1,270,000 from the Unreserved Fund Balance in the No. 1020 General Fund for "one time" —1— Minutes — Regular Council Meeting February 15, 2011 — Page 2 expenditures into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing appropriations by $1,270,000 in the No. 1020 General Fund, and by increasing both estimated revenues and appropriations in the No. 5110 Maintenance Services Fund by $1,270,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 2.b. MOTION NO. 2011 -043 Motion approving the purchase of thirty -one (31) police package sedans from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0066 -11, based on only bid for a total amount of $709,838. These units are replacements to the fleet and will be used by the Police Department, Uniform Division and Crime Control. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 3.a. RESOLUTION NO. 028951 Resolution authorizing the City Manager or his designee to accept a $64,697.68 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2011 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 3.b. ORDINANCE NO. 028952 Ordinance appropriating a $64,697.68 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2011 Senior Community Services, Elderly Nutrition Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 4. RESOLUTION NO. 028953 Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $55,000 for costs associated with Energy Control Systems at the O. N. Stevens Water Treatment Plant, with a City match of $55,000 in the No. 4010 Water Fund, and a total project cost of $110,000. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. Minutes — Regular Council Meeting February 15, 2011 — Page 3 5. RESOLUTION NO. 028954 Resolution authorizing the City Manager or his designee to submit a grant application to the Bureau of Reclamation in the amount of $48,750 for costs associated with energy monitoring systems at the Navigation Boulevard, South Staples, and Sand Dollar Water Pump Stations, with a City match of $48,750 in the No. 4010 Water Fund, and a total project cost of $97,500. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 7. ORDINANCE NO. 028961 Ordinance authorizing the resale of six (6) properties for $8,250 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $162.03, plus $225.41 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 8. MOTION NO. 2011 -044 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a professional architectural /engineering services contract with Urban Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $186,476 for a restated total not to exceed fee of $222,026 for the Aquarius Drive from Dasmarinas to Commodores project for Basic Service (Detailed Design, Bid Phase and Construction) and Additional Services - Project No. 6472. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 9. MOTION NO. 2011 -045 Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties Inc. of Sandia, Texas, in the amount of $414,290.10 for the Salt Flats Drainage System Improvements Phase III Sta. 5 +20 through Sta. 17 +50 for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 10. RESOLUTION NO. 028962 Resolution amending Resolution No. 028897 which authorized the execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation for construction to adjust manholes and water valves on FM 43 on Weber Road from SH 358 (SPID) to SH 357 (Saratoga Blvd.), to increase amount of City's funding obligation from $52,303 to $89,893.56. -3- Minutes -- Regular Council Meeting February 15, 2011 — Page 4 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 11. ORDINANCE NO. 028963 Abandoning and vacating an 89,683- square foot portion of the North Country Club Place and South Country Club Place public street rights -of -way, out of the Country Club Place Subdivision, the public rights -of -way being located north of the Interstate Highway 37 right - of -way; subject to compliance with the specified conditions. (Tabled on 01/11/11) (First Reading -- 02/08/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo abstained; Scott was absent. Mayor Adame opened discussion on Item 6 regarding lease agreements with youth sports leagues. Mayor Adame asked questions regarding the City's ability to use the facilities as tournament venues and recycling efforts. Director of Parks and Recreation Michael Morris explained that the lease agreement includes language for a joint use which will allow the City the right to coordinate tournaments or other activities. Mr. Morris added that Park and Recreation is working with the leagues and Solid Waste to encourage recycling at all parks and athletic fields. In response to Council Member Marez, Mr. Morris stated that the Greenwood field and State School field will provide the City with opportunities to host tournaments. Mr. Marez requested an update on both fields. Council Member Leal asked questions regarding the use of the fields behind Universal Little League. Mr. Morris reported that the City has control of those fields and league play has resumed for high school baseball. City Secretary Chapa polled the Council for their votes as follows: 6.a. ORDINANCE NO. 028955 Ordinance authorizing the City Manager, or his designee, to execute a four -year lease agreement with Corpus Christi Police Athletic League for the use of T.C. Ayers Field located at 1722 Winnebago, Ben Garza Field located at 1815 Howard, and the sublease of Driscoll Field located at 4235 Baldwin, for Baseball Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 6.b. ORDINANCE NO. 028956 Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Southside Little Miss Kickball League for the use of fields located at 4200 McArdle Road for Kickball Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 6.c. ORDINANCE NO. 028957 Ordinance authorizing the City Manager, or his designee, to execute five -year lease agreement with Padre Youth Football League for the use of football fields located at Bill Witt Park located on Yorktown Boulevard for Football Program. -4- Minutes — Regular Council Meeting February 15, 2011 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 6.d. ORDINANCE NO. 028958 Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with National Little League of Corpus Christi forthe use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 6.e. ORDINANCE NO. 028959 Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Oso Little Miss Kickball League forthe use of Kickball Fields located at Paul Jones Youth Sports Complex for Kickball Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. 6.f. ORDINANCE NO. 028960 Ordinance authorizing the City Manager, or his designee, to execute a five -year lease agreement with Oso Pony Baseball League for the use of baseball fields located at Paul Jones Youth Sports Complex for Baseball Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. * * * * * * * * * * * ** Mayor Adams announced the executive session, which was listed on the agenda as follows: 12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session and the Council would return to executive session later in the meeting. * * * * * * * * * * * * Mayor Adame opened discussion on Item 13 regarding ordering the General Election to be held on May 14, 2011. City Secretary Chapa explained that this item is ordering the General Election to be held on May 14, 2011 for the election of Mayor and eight Council Members; designating early voting and election day polling places; authorizing the City Secretary to enter into a contract with —5— Minutes — Regular Council Meeting February 15, 2011 — Page 6 Nueces County; and authorizing joint election agreements with Flour Bluff and London Independent School Districts. Mr. Chapa reported that Precinct 87 is generally held at Carroll Lane Elementary School; however, the school has been demolished. Mr. Chapa added that staff was unsuccessful in their attempts to arrange another location within the precinct and is requesting that the ordinance be amended to allow combining Precinct 87 with Precinct 69 located at Baker Middle School. Ms. Martinez made a motion to amend the ordinance to combine Precinct 87 with Precinct 69. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, and Strong, voting "Aye "; Kieschnick and Scott were absent. Council Member Marez asked whether approval of this ordinance will bar any further changes to the polling places. City Secretary Chapa stated that the ordinance authorizes the City Secretary to make any last minute changes that come up on an emergency basis. In response to Council Member Leal, City Secretary Chapa reported that Election Law requires that the City place notice of the polling place change at the old polling place and a mail -out is sent to the registered voters informing them of the new, combined polling place. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 028964 Ordinance ordering a General Election to be held on May 14, 2011, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of Branch Early Polling Places; designating Polling Place locations; authorizing the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour Bluff Independent School District and London Independent School District; selection of June 11, 2011, as the Runoff Election Date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Scott was absent. Mayor Adame opened discussion on Item 14 regarding the FY2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including capital budget highlights; the capital budget approach; funding sources for the capital improvement program; funding uses by program; revenue by type; program expenditures; annual capital improvement program for the Airport, Park and Recreation, Public Facilities, Public Health and Safety, Streets, Gas, Storm Water, Wastewater, and Water; revised expected water and wastewater rates; a breakdown of expected CIP-only water rates between water and storm water; combined long -range CIP by program; combined summary long - range CIP with utility rollup; and remaining events and action. Mr. Martinez stated that since the Council received the information last night, staff is prepared defer action until next week. The following topics pertaining to this item were discussed: the expiration of the Type A funds and sufficient revenue to cover debt; the drivers for the increase in certificates of obligation in year 2012; the possible decreases in federal funding for CDBG and the reason CDBG projects are -6- Minutes — Regular Council Meeting February 15, 2011 — Page 7 pre - factored in the capital budget; Sunfish Island; consideration of decreased federal and state funding; energy conservation opportunities at public facilities; whether the utility work for streets includes the amount appropriated for replacement of clay pipes; the development of the hydraulic model for replacement of. pipes; the cost for the Bayfront realignment; the large water users that do not contribute significantly to storm water runoff; the Oso Tributary and Basin project; the reason the expansion of the Greenwood Treatment Plant is not included in the wastewater capital budget; the on -going replacement project for the Broadway Plant; the Padre Island Alternate Water Transmission Main and the reliability of water to the Island; including Golliharfrom Weber to Staples in the long range unfunded CIP; and incorporating the savings from Bond 2004 and Bond 2008. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he expressed disappointment in staff on behalf of the community for the presentation just being provided today. Mr. Alonzo said he was disappointed that only $2 million would be going to ADA improvements. Ms. Leal made a motion to postpone action on Item 14 until February 22nd. The motion was seconded by Mr. Marez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 14. POSTPONED TO FEBRUARY 22, 2011 amount of $173,982,100. Mayor Adame opened discussion on Item 15 regarding the revisions to the wrecker service ordinance. Police Captain James Brandon explained that the goals of the ordinance are to reduce the amount of officers are waiting for a wrecker and create more efficient, accountable services for responding to citizens on behalf of the Police Department. Captain Brandon stated that staff met with the wrecker services companies last week and agreed to increasing charges for the private property impound rate to $115. Assistant City Attorney Alison Logan provided an overview of the changes made to the ordinance since the first reading on February 8, 2011. Mayor Adame called for comments from the audience. Nick Richards and Richard Humphrey, 2925 Agnes, provided a powerpoint presentation on the reasons for suggesting the dual real wheels requirement in Section 57- 224(b)(1); private property impounds and the types of equipment used. Mr. Richards recommended increasing the private property impounds to $170. Dan Vera, 4322 Driftwood, spoke regarding dual rear wheels and the use of the mandatory language "shall" instead of "may ". John Bell, representative of the Southwest Towing Association, thanked staff for working with the Association and spoke regarding the three items not agreed upon including the 30- minute response time; the requirement of one wrecker on call 24/7 if on the rotation list; and the additional, unusual services for Type A tows. Norma Rivera, Coastal Bend Towing Association, provided ideas for improving response time including communication; performing a comprehensive study; brainstorming sessions; creation of a 2nd responder category; and preparing 911 response. Ms. Rivera also responded to a previous question by Council Member Adler regarding whether citizens can contact their own towing company. Joe Dees, Statewide Wrecker Services, spoke regarding the 30- minute reasonable response time and incidents that occurred during artic blast and icy road conditions. Sally Rodriguez, 1222 Clarion, addressed the issue of non - consent recovery rates. Minutes — Regular Council Meeting February 15, 2011 — Page 8 The following topics pertaining to this item were discussed: the Police Department's response to including language for dual rear wheels and increasing private property tow fees to $170. Ms. Martinez made a motion to approve the series of amendments to the ordinance as recommended by staff. The motion was seconded by Mr, Kieschnick. City Secretary Chapa polled the Council for their votes as follows: 15.a. MOTION NO. 2011 -046 Motion to amend Ordinance Chapter 57, Article V. of the Corpus Christi Code of Ordinances prior to Second Reading, by revising several sections in said Article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing for a repealer clause; and providing an effective date of March 1, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 15.b. ORDINANCE NO. 028965 Amending Chapter 57, Article V. of the Corpus Christi Code of Ordinances, by revising several sections in said article to provide for expanded definitions; more offenses and penalties; other specific requirements applicable to auto wreckers and auto wrecker companies; providing for a severance clause; providing for a repealer clause; and providing an effective date of March 1, 2011. (First Reading — 02/08/11) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * ******* ** * Mayor Adame referred to Item 17 regarding a status report from Texas Department of Transportation(TxDOT) on Harbor Bridge Improvements /Replacement. John Casey, TxDOT, referred to a powerpoint presentation including the reasons the Harbor Bridge replacement is needed; benefits of the Harbor Bridge replacement project; status of the Harbor Bridge project; alternatives evaluated; results of feasibility study and potential alternatives; Section 4(f) of the Department of Transportation Act; preliminary alternatives; public involvement; and the project schedule. Mr. Casey provided information on the Harbor Bridge Lighting including a photo of lighting scheme removed in 2002; existing photos of the bridge; LED luminaries types; proposed plan on LED lighting layout; and rendering of the bridge The following topics pertaining to this item were discussed: the status of the right -of -way acquisition and construction; the need for the project to be financial constrained; discussion of a freeway or toll way system; the estimated height of the new bridge; checking the erosion and safety of the bridge; and reconnecting downtown, the northside and preparing a master plan for the location of the bridge. * * * * * * * * * * * * * -8- Minutes — Regular Council Meeting February 15, 2011 — Page 9 Mayor Adame opened discussion on Item 16 regarding voluntary paving assessment petitions. Director of Engineering Services Pete Anaya explained that as part of the Bond 2008 project, six (6) streets were listed as project candidates for assessment. Mr. Anaya reported that since some of the petitions dated back to 1994, staff re- verified the need and willingness of the neighborhood to participate. Mr. Anaya stated that only one (1) of the six (6) locations, Vaky Street, expressed interest in the paving assessment program and staff is requesting approval of the resolution to move forward with Vaky Street and continue moving forward down the current list of additional projects. The following topics pertaining to this item were discussed: the continuation of the Vaky Street project; the priority list for the qualifying petitions; and CDBG funding for Viola Avenue from Ayers to Gollihar. Mayor Adame called for comments from the audience. Reno Del Basque, 1429 Clare Drive, asked that Clare Drive be moved up on the list since the other five (5) streets did not re- qualify. Mr. Del Bosque also spoke regarding possible federal funding to help alleviate the cost to the property owners. Abel Alonzo, 1701 Thames, spoke in support of Clare Drive moving up the list of eligible projects. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 028966 Resolution determining that certain Voluntary Paving Assessment Petitions for Buckhorn, Olson, Junior Terrace, Comanche, and Viola Streets are not qualified under the Voluntary Paving Assessment Program; removing said street names from the list of possible streets identified in connection with the authorization and issuance of the "City of Corpus Christi, Texas General Improvement Bonds, Series 2009" and, thereby, abandoning those street projects as permitted expenditures of Bond proceeds; redirecting the resultant excess Bond proceeds to other authorized street improvement projects (with priority given to other qualified voluntary pavement assessment program projects) as permitted expenditures of Bond proceeds; and other matters relating to the foregoing. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal and Strong were absent. City Secretary Chapa announced that Item 21 of the February 8, 2011 agenda regarding the regulation of illegal smoking products and related paraphernalia may need to be reconsidered. Mr. Chapa stated that the Council can reconsider an item as long as it is reconsidered at the next regularly scheduled Council meeting by someone from the prevailing side and approved by 2/3 vote of the Council. Mr. Marez made a motion to reconsider Item 21 from the February 8, 2011 meeting. The motion was seconded by Ms. Leal and passed. City Attorney Carlos Valdez requested that the ordinance be amended to include reducing the maximum penalty from $2000 to $500 to comply with state law and to create an exception for the use of hookahs in Section 33- 124(1)(b)(2). Ms. Strong made a motion to include the changes recommended by staff. The motion was seconded by Ms. Leal. -9- Minutes -- Regular Council Meeting February 15, 2011 -- Page 10 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". G. ORDINANCE NO. 028967 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (iX) to regulate illegal smoking products and related paraphernalia and by specifically negating a requirement of a culpable mental state; providing for penalties; providing for severance; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame called for a 15- minute break. * * * * * * * * * * * * * MayorAdame called for petitions from the audience. Don Winkley, 6317 Boca Raton, stated that he spoke last week about hoping to have native natural landscaping at his property located on Laguna Shores Road. Mr. Winkley reported that the City has since mowed and destroyed all of the landscaping and native vegetation on his property and is requesting consideration for an ordinance to allow for residents to have native vegetation. Dan Vera, 818 Savage, spoke regarding the technology in the Council Chambers for showing visual aids during the Council meeting. Dr. Gloria Scott spoke regarding public involvement for the northside residents on the Harbor Bridge discussions. William Menard, 3213 Cedar Hollow, thanked the Council for the revision to the illegal smoking products and related paraphernalia ordinance to include hookahs. Mr. Menard stated that he supports the ban on K -2 products and related substances; however, request that the Council remove the section related to paraphernalia. Mr. Menard reported that the definition of smoking devices is very broad and will put several local businesses out of business. Saleem Durvesh requested a clarification on the related paraphernalia definitions. Tamera Otis, 730 Ashdown, expressed concern for businesses that sell illegal smoking products and related paraphernalia. Gibson Snyder, 5441 Crockett, spoke in support of banning K -2; however, does not support the inclusion of related paraphernalia and feels that the local ordinance is an effort to supersede federal law. Kyle Hoelscher, 3921 Capri, expressed concern regarding the broad definition of related paraphernalia. Kevin West, 3213 Cedar Hollow, spoke regarding the ban on related paraphernalia and the emergency passage of the ordinance. * * * * * * * * * * * * * Mayor Adame announced that the Council would return to executive session, which was listed on the agenda as follows: 12. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. MayorAdame stated that the Council met in mid - January with Slavin Management Company who provided the Council with over 50 resumes of candidates interested in the position. Mr. Adame added that the Council provided input and discussion on the applicants and asked Slavin to make —10— Minutes — Regular Council Meeting February 15, 2011 — Page 11 recommendations based on those discussions. MayorAdame reported that Slavin has provided six (6) candidates as follows: Patrick S. Banger of O'Fallon, Missouri; Floyd T. Johnson of Pompano Beach, Florida; Catherine O'Connor of Oklahoma City, Oklahoma; Ronald Olson of Polk County, Iowa; Gilbert Perales of Arlington, Texas; and David Watkins of Bryan, Texas. Ms. Martinez made a motion to accept the recommendations of the applicants as presented by Slavin Management Company and set the interview date for Saturday, February 19, 2011. The motion was seconded by Mr. Marez. 12. MOTION NO. 2011 -047 Motion to accept the recommendations of applicants provided by Slavin Management Company and setting the interview date for Saturday, February 19, 2011 for the following applicants: Patrick S. Banger of O'Fallon, Missouri Floyd T. Johnson of Pompano Beach, Florida Catherine O'Connor of Oklahoma City, Oklahoma Ronald Olson of Polk County, Iowa Gilbert Perales of Arlington, Texas David Watkins of Bryan, Texas The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye" * * * * * * * * * * * * * There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 5:25 p.m. on February 15, 2011. * * * * * * * * * * * * * 2 BUILDING STANDARDS BOARD — Three (3) vacancies with terms to 3 -3 -14 representing the following categories: 1 — Lawyer, 1 - Member at Large and 1 — chosen from among the following categories: realtor, architect, engineer, general contractor, home builder or building materials dealer. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS ***Gregory T. Perkes (Lawyer), Chair Ted Stephens (Engineer) *Randal Salazar (Member at Large) * * * * *Jesus J. Jimenez (Engineer), Vice Chair Frank Hastings (Member at Large) Clarissa Beltran (Member at Large) Shane Torno (Engineer) TERMS 3 -03 -11 3 -03 -12 3 -03 -11 3 -03 -11 3 -03 -12 3 -03 -13 3 -03 -13 ORIGINAL APPTD. DATES 2 -10 -09 3 -21 -06 2 -23 -10 5 -17 -05 5 -17 -05 2 -23 -10 8 -18 -09 (The Building Standards Board is recommending the new appointments of Michael A. McCauley (Lawyer) and Ramiro Munoz III (Engineer). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Randal Salazar (Mem.at Large) 6 5 83% OTHER INDIVIDUALS EXPRESSING INTEREST Shawn P. Bodine Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University- Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (Member at Large or Engineer) (2 -9 -10) Legend: *Seeking reappointment * *Not seeking reappointment ***Elected to a public office and is ineligible to serve as per the City Charter ****Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation -15- Alexander (Zan) Hackley Self Employed, Air Conditioning Equipment Sales. Activities include: American Society of Heating Refrigeration and Air Conditioning Engineers and Rotary Club of Southside Corpus Christi. (Member at Large or Building Materials Dealer) (4- 16 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Member at Large) (6 -4 -09) Glenn R. Jones Realtor, Coldwell Banker Pacesetter Steel. Received BS in Business Economics, State University of New York. Retired United States Navy Air Traffic Controller. Activities include: National Association of Realtors, Texas Association of Realtors, and Corpus Christi Association of Realtors. Currently serves on the Transportation Advisory Committee.(Member at Large or Realtor) (1- 27 -10) Michael A. McCauley Taylor Mauck Peter G. Melve Ramiro Munoz III Attorney, Gary, Thomasson, Hall & Marks PC. Received BA from Southern Methodist University and JD from Barry University. Activities include: Corpus Christi Young Lawyers and Corpus Christi Bar Association. (Member at Large or Lawyer) (1- 14 -11) Project Architect, Island Architects, Inc. Received Bachelor of Fine Arts in Architecture from University of Texas -San Antonio. Served on Zoning Board of Adjustment. Activities include: Texas Society of Architects and American Institute of Architects. (Member at Large or Architect) (1- 25 -10) Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside, Business Association and Foster Parent. (Member at Large) (3 -2 -09) Project Manager, LNV Engineering. Received Bachelor of Science and Master of Science in Civil Engineering from Texas A &M University- Kingsville. Attended United States Marine Corps Engineering Specialist School. Activities include: President - Structural Engineers Association of Texas - Corpus Christi Chapter, American Concrete Institute, American Institute of Steel Construction, TAU BETA PI- Engineering Honor Society, and American Society of Civil Engineers. Recipient of Student Engineer of the Year, 2005 and Navy and Marine Corp Achievement Medal. (Member at Large or Engineer) (12- 08 -09) Mohamad Omar Joe Ortiz Keith Parker Jodi Steen Self - Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. Texas A &M Corpus Christi Adjunct Professor. (Member at Large or Engineer) (10 -6 -09) Self- Employed, Home Builder. Attended Del Mar College and Granthem University. Activities include: Building Designer Institute, LULAC District 11 and American GI Forum. (Member at Large or Home Builder) (8- 26 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (Member at Large or Engineer) (4- 23-09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Serves on the CCCIC/Loan Review Committee. (Member at Large or Home Builder) (4- 16 -09) RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — Four (4) vacancies with terms to 6 -16 -11 and 6 -16 -12 representing the following categories: 3- At Large and 1 — Retired and Senior Volunteer Program Volunteer Workstation Representative. (Since one term ends on 6- 16 -11, it is recommended that one At Large appointment be fora term ending 6 -16 -13 to be selected by drawing.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non - profit agency that operates a RSVP Volunteer Station), and 5 — At Large. ORIGINAL MEMBERS TERM APPTD. DATE Olga Gonzales (RSVP Volunteer) 6 -16 -11 6 -16 -09 *Margaret A. Ramsey (RSVP Vol. Station) 6 -16 -10 6 -16 -09 **Norma Franklin (At Large) 6 -16 -10 6 -16 -09 ***Rachel Lerma (At Large) 6 -16 -11 6 -16 -09 Tony Lopez (At Large) 6 -16 -11 6 -16 -09 Mildred McDonel (At Large) 6 -16 -11 6 -16 -09 * * *Tambi Parker (At Large) 6 -16 -10 6 -16 -09 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Margaret A. Ramsey 2 2 100% (RSVP Vol. Station) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance * * * **Has met six -year service limitation —18— OTHER INDIVIDUALS EXPRESSING INTEREST Sheila O'Connor Allen Retired Deputy District Attorney, Los Angeles County, California. Received J.D. from University of California - Hastings College of the Law. Activities include: AARP. Former Legal Aid Volunteer, Volunteer Income Tax Aide and Accountant. (At Large) (9- 23 -10) Jonathan Michael Barlow Campaign Helper, Joe Benavides Campaign. Activities include: Volunteering with Texas State Aquarium. (At Large) (8- 30 -10) Herlinda Escobar Cantu Principal, Our Lady of Perpetual Help Academy. Retiring Received Master in Administration and Counseling. (At Large) (1- 21 -11) Ruby Cantu Client Service Coordinator, Corpus Christi Metro Ministries. Instructor, Corpus Christi theological Seminary. Received a Bachelor's in Theology. (At Large) (3- 12 -10) Arthur Carrillo Retired Social Worker. Received a Degree from Del Mar College and BA from Texas A &M University- Corpus Christi. Activities include: Coastal Bend Aids Foundation and Texas Department of Health and Human Services. (At Large) (9115110) Raymundo G. Garcia Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (At Large) (11 -9- 09) Aaron Hoss Advanced Metal Finishing Facility Work Leader, Corpus Christi Army Depot. United States Army Veteran. Activities include: Head Elder of Local Church. (At Large) (7- 13 -10) William Paul Hunt Sarah Kloos Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (At Large) (6 -4 -09) Volunteer Services Manager, Odyssey Health Care. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non - Profit Organizations. (At Large or RSVP Volunteer Workstation Rep) (1 -6 -09) Jennifer Larivey Sylvia Portales Mary Helen Salazar Business Development Specialist, Lighthouse Hospice. Received BBA with Specialization in Information Systems and Marketing. Certified Wellness Coach and Holistic Practitioner. Activities include: South Texas Social Workers Society, Texas Riviera Area of Case Management, Hispanic Women's Network of Texas, National Hispanic Nurses Association, Corpus Christi Chamber, Church of Hope, and Volunteer for Calalien Independent School District. (At Large) (2 -1 -11) Retired Personal Property Appraiser, Nueces County Appraisal District. Attended Durham's Business College in Business Administration. RPA and CTA Designation from Texas Association of Assessing Officers. (At Large) (7- 27-10) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (At Large) (2 -8 -11) SISTER CITY COMMITTEE — Two (2) vacancies with terms to 9 -1 -11 and 9 -1 -13. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2- 152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -12 9 -11 -07 Linda Shadow 9 -12 1 -11 -11 Maria Mendez 943 1 -11 -11 Donald Russell 9 -13 10 -13 -09 John Rocha 9 -11 9 -23 -08 * ** *Gloria Sykes- Saucedo 9 -13 5 -11 -10 Jeremy Coleman 9 -11 1 -11 -11 *Vacant 9 -11 Letisia Rios- Cortez 9 -11 1 -11 -11 Elizabeth Garza 9 -13 5 -26 -09 Michele Hammock 9 -13 1 -13 -09 Ernesto Trevino 9 -13 1 -11 -11 Dr. Judith Prewitt 9 -11 1 -11 -11 Heather Moretzsohn 9 -13 1 -11 -11 Tim Dowling 9 -13 7 -10 -07 John R. Seaman 9 -13 1 -11 -11 Arthur J. Valdez 9 -11 1 -11 -11 Andrea Foley 942 1 -11 -11 Woodrow Mac Sanders 9 -12 1 -11 -11 Christine Kailas 9 -12 5 -11 -10 Alan Thornburg 9 -12 10 -13 -09 (Note: On January 11, 2011, City Council appointed Timothy Goss. He declined the appointment.) (The Sister City Committee is recommending the new appointments of Angelica Carmona and Meredith Grant.) Legend: *Resigned * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation _21_ OTHER INDIVIDUALS EXPRESSING INTEREST Rodney Buckwalter Angelica Carmona Timothy Scott Craig Vincent E. Doyle Issac Gonzales Meredith N. Grant Franklin L. Harper Edward Frank Lewis Terry Nelson Mohamad Omar Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University -- Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (12 -7 -09) Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Customer Service Representative, Signature Flight Support. Attending Del Mar College. (5- 11 -10) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) President and C.E.O., FLH Business Services, Inc. Attended Del Mar College. Activities include: Presidents Field Tax Advisory Board. (2 -2 -11) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Texas Kia Employee of the Month. (4- 20 -09) Area Production Services Manager, Exterran. Attended South East Missouri State University. Activities include: Corpus Christi Chapter API. (5 -5 -10) Self-Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (10- 6-09) _22- Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy/Smith International. (8 -24 -09) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/22/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a service agreement with McNeilus Truck & Manufacturing, Hutchins, Texas, for the refurbishment of thirty- two (32) solid waste refuse trucks for a total amount of $148,941.00. The award is based on sole source and will be used by the Solid Waste Department. Funds are available in the Solid Waste Operation Budget in FY 2010 -2011. ISSUE: The contractor will refurbish thirty-two of the "McNeilus" auto -reach side loader refuse trucks owned by the City. The refurbishment of the trucks will consist of replacing worn out parts such as packer cylinders, hopper seals, o -rings on hydraulic fittings, bearings, shafts, collars and several other original equipment manufacturer (OEM) parts. The refurbishment is estimated to extend the life of the equipment by at least 12 months. The unit cost for a new diesel truck is $279,199.25. The average unit cost to refurbish these trucks is $4,654.40. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mich! I arrera Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 BACKGROUND INFORMATION The side loader refuse trucks are used as part of the City -wide automated collection process and the new expanded recycling collection program. Award Basis: Sole Source — Captive Replacement Parts This procurement is exempt from the competitive bidding statutes. Chapter 252 of the Local Government Code, Section 252.022, General Exemptions, subparagraph (7)(D), which reads: "a procurement available from only one source, including — captive replacement parts or components for equipment ". McNeilus Truck and Manufacturing Co. is the manufacturer of the equipment and retains all distribution rights and privileges in regards to parts and servicing specifications. As such, they are the only company capable and qualified to rebuild these units. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: FEBRUARY 22, 2011 ITEM DESCRIPTION PRICE SHEET BI- 0020 -11 McNeilus Hutchins, Texas QTY UNIT UNIT EXTENDED PRICE PRICE 1) Refurbishment of thirty -two McNeilus Auto -Reach side loader trucks, consisting of replacing worn out parts such as packer cylinders, hopper seals, o -rings on hydraulic fittings, bearings, shafts, collars and several other original equipment manufacturer (OEM) parts. 32 each $ 4,654.41 $148,941.00 $148,941.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 2/22/11 AGENDA ITEM: RECOMMENDATION: Motion approving a supply agreement with General Chemical Performance Products, LLC, Parsippany, New Jersey for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid Invitation No. B1- 0069 -11, based on low bid, for an estimated annual expenditure of $1,257,490.00, of which $523,954.17 is required in FY 2010 -2011. 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 contractor and the City Manager, or his designee. This chemical will be used by the Water Department for treatment of our water supply. Funds have been budgeted by the Water Department in FY 2010 -2011. ISSUE: The liquid aluminum sulfate is used to settle mud and impurities to the bottom of the treatment plant's basins. This chemical clings to the impurities in the water causing them to form heavier particles, which settle to the bottom of the basins. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 BACKGROUND INFORMATION In December 2010 the City issued a bid invitation, which was published in the Corpus Christi Caller - Times and issued to twenty -four potential bidders. Two responsive bids were evaluated that included Altivia Corporation, Houston Texas and General Chemical Performance Products, LLC, Parsippany, New Jersey. The option to extend the contract has been exercised, thus requiring the City to issue new bid invitations. Award Basis: Low Bid Price Analysis: Pricing for liquid aluminum sulfate has decreased approximately 36% since the last contract of February 2010. Fiscal Year Funding: The funds required to support the award for the remainder of the fiscal year, $523,954.17, are available in the Water Department's operations budget. The remaining funds, $733,535.83, will be programmed into next year's operations budget for approval by City Council during the budget process. CITY OF CORPUS CHRISTI LIQUID ALUMINUM SULFATE BUYER: GABRIEL MALDONADO DATE: FEBRUARY 22, 2011 BID TABULATION PURCHASING DIVISION PRICE SHEET 81-0069-11 Award Total: 01 $1,257,490.00 $1,755,000.00 General Chemical Performance Products, LLC Altivia Corporation Parsippany, NJ Houston, Texas ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE UNIT EXTENDED PRICE PRICE 1 Liquid Aluminum Sulfate 13,000 tons $96.73 $1,257,490.00 $135.00 $1,755,000.00 Award Total: 01 $1,257,490.00 $1,755,000.00 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/22/2011 AGENDA ITEM: RECOMMENDATION: Motion authorizing the purchase of specialized equipment for the total amount of $226,000 from the 2010 State Homeland Security Program Law Enforcement Terrorism Prevention Activity (SHSP LETPA) grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ISSUE: The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Department of Public Safety serves as the State's agent for the various grant programs. These funds provide first responders with enhanced capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man made, natural disaster and acts of terrorism. On November 10, 2010 the City Council approved to accept grants in the total amount of $928,657.00 from the Texas Department of Public Safety to carry out designated homeland security activities as part of the 2010 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $226,000. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Department of Public Safety serves as the State's agent for the various grant programs. These funds shall be used to provide first responders with enhanced capabilities for detecting, deterring, disrupting, preventing and responding to potential threats ofman made, natural disaster and acts of terrorism. 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/22/2011 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to establish a Regional Fusion Center with a cash contribution of $25,000 from the Law Enforcement Trust Fund and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The purpose of the Corpus Christi Police Department Regional Fusion Center is to create an effective and efficient mechanism to exchange information and intelligence, maximize resources, streamline operations, and improve the ability of the Police Department and partnering agencies to fight crime and terrorism by merging data from a variety of sources. BACKGROUND INFORMATION: The funds will be used to hire an additional full time Intelligence Analyst for the Corpus Christi Police Department. This position will handle all Coastal Bend Regional Intelligence Fusion Center planning and operations (Le. receipts and transmissions of data, timely data entry and analysis, field communications, reporting, etc.). The position will work alongside the current CCPD crime and intelligence analysts, who have been centralized in the newly created CCPD Fusion Center Office on the third floor of the Main Police Building. All crime and intelligence analysts will now report to the Fusion Center Captain within the Office of Administration, instead of reporting to various supervisors throughout the department. The centralization of all crime and intelligence analysts within one office, combined with the additional intelligence analyst under this grant will enable the Coastal Bend Regional Intelligence Fusion Center to accomplish the following goals: • To fully utilize the Comp Stet concept to bring local, regional and federal law enforcement partners, along with the private sector, together to share information on crime, gang activity, narcotics trafficking and all types of smuggling. • To incorporate effective techniques for intelligence sharing already established on a State and National level. • To create a 'nerve center' where information is collected and analyzed, and from which intelligence products are disseminated to all regional partners (i.e. local, regional, state, and federal law enforcement officers, etc.). • Improve the delivery of emergency and nonemergency services on a regional basis. • Provide a continuous flow of information and intelligence to all regional law enforcement partners to assist in identifying evolving threats or crime trends. FUNDING: We request the State provide $59,914 for the salary/benefits of one Intelligence Analyst. Although not required as a match by the grant, CCPD will utilize drug seizure funds to provide equipment, software, and training. The grant funding is available for a five year period with 100% for the first two years and a 25% declining percentage for the remaining three years. The City must reapply each year and the grant is subject to the funds awarded by the State for distribution. If approved, funding will be available September '1, 2011. REQUIRED COUNCIL ACTION: Approval to submit the application. D. Troy Ri g� 'v Chief of Police Trovr(,cctexas.com 886 -2603 -43- RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $59,914 TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR FUNDING AVAILABLE UNDER THE CRIMINAL JUSTICE PROGRAMS FUND FOR THE POLICE DEPARTMENT TO ESTABLISH A REGIONAL FUSION CENTER WITH A CASH CONTRIBUTION OF $25,000 FROM THE LAW ENFORCEMENT TRUST FUND, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $59,914 for funding available under the Criminal Justice Programs Fund for the Police Department to establish a Regional Fusion Center with a cash contribution of $25,000 from the Law Enforcement Trust Fund. SECTION 2. The City Manager, or his designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED: February 9, 2011. By: T. risha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 22, 2011 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to accept a $40,000 National Recreation and Park Association Achieve Grant to develop a Community Action Plan that will address Chronic Disease Prevention and Health Promotion, and to execute all related documents. B. Ordinance appropriating $40,000 grant from the National Recreation and Park Association Achieve Grant in the No. 1067 Parks and Recreation Grant Fund, to develop a Community Action Plan that will address Chronic Disease Prevention and Health Promotion; and declaring an emergency. ISSUE: The Corpus Christi Parks and Recreation Department, in conjunction with the Mayor's Fitness Council, has been awarded a $40,000 Action Communities for Health, Innovation and Environmental Change (ACHIEVE) grant through the National Recreation and Park Association (NRPA) to assist with the development of a Community Action Plan (CAP) that will address chronic disease prevention and health promotion through policy, systems and environmental change. The Parks and Recreation Department received notification of the grant award on February 7, 2011. There is no City match required for this grant. REQUIRED COUNCIL ACTION: City Council approval is required for the acceptance and appropriation of the grant funds. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends City Council authorize the City Manager to accept and appropriate the grant funds. 1. Mic ael Morris, Dire tor Parks and Recreation Department MichaelMo @cctexas.com 361 -826 -3463 Attachments: Background NRPA Achieve Grantee Agreement BACKGROUND INFORMATION The Mayor's Fitness Council and Corpus Christi Parks and Recreation was notified on February 7, 2011 of a $40,000 grant award through the National Recreation and Park Association's ( NRPA's) 2011 Action Communities for Health, Innovation, and EnVironmental changE (ACHIEVE) program, to advance the nation's efforts to prevent chronic diseases and related risk factors. The Corpus Christi 2011 ACHIEVE grant will go toward promoting and implementing local policies and strategies related to (1) making Corpus Christi a more walkable and bikeable community to promote physical activity and garner support for publicly funded projects on future bonds, (2) establishing programs that enhance access to nutritious foods in targeted areas. Specifically the funds will allow for the establishment of a mobile farmers market with a voucher system that would allow low income residents in the area to purchase produce at a reduced price, encourage neighborhoods to adopt walking and biking groups to schools, and implement a community outreach campaign to promote existing infrastructure while gaining by -in for future projects. In addition, community leaders will participate in an Action Institute with other ACHIEVE communities focusing on policy design and implementation for issues such as physical fitness and obesity, nutrition and tobacco cessation. The Corpus Christi Parks and Recreation Department is one of 10 agencies across the U.S. to receive an NRPA ACHIEVE grant this year. Launched in 2008 by the Centers for Disease Control and Prevention (CDC) Healthy Communities Program, ACHIEVE aims to promote improvements such as increased access to healthy food options in schools, worksites, places of worship and in the general community; and, infrastructure improvements to connect community sectors to foster and promote non- motorized transportation, among others. The National Recreation and Park Association is a national not -for- profit organization dedicated to advancing park, recreation and conservation efforts that enhance quality of life for all people. Through its network of 20,000 recreation and park professionals and citizens, NRPA encourages the promotion of healthy lifestyles, recreation initiatives, and conservation of natural and cultural resources. For more information, visitwww.NRPA.org. For digital access to NRPA's flagship publication, Parks & Recreation, visit www.parksandrec- magazine.org. At A National Recreation and ParkAssociation ACHIEVE GRANTEE AGREEMENT Organization Name: City of Corpus Christi — Parks and Recreation Organization Address: P.O. Box 9277 Corpus Christi, Texas 78469 If different from "Organization Name" above, make grant check payable to: If different from "Organization Address" above, mail the grant check to: Attn: Stacie Talbert, Assistant Director Agency Director Name: `Michael Morris (Park and Recreation Director) 1. ACHIEVE Coach Contact Name: _Angela Rowe (Designated Park and Recreation Coach) ACHIEVE Coach Contact Phone: 361 -826 -3673 ACHIEVE Coach Contact Email: AngelaMR @cctexas.com 2. ACHIEVE Coach Contact Name: __._Becky Perrin ACHIEVE Coach Contact Phone: 361- 826 -3476 ACHIEVE Coach Contact Email: _BeckyP @cctexas.com ** *PLEASE COMPLETE BOTH PAGES OF THIS GRANT AGREEMENT AND EITHER FAX TO 703.858.0794 OR SEND AN ELECTRONIC COPY (with signatures) TO zbashirPnrpa.org * ** ACHIEVE GRANTEE AGREEMENT Each National Recreation and Park Association (NRPA) 2011 ACHIEVE community will receive a total of $40,000 in grant funding. In return, all awarded agencies will be expected to meet the following objectives and guidelines (or demonstrate measured progress toward meeting the objectives): • Establish a local coalition of stakeholders and community partners or CHART (Community Health Action and Response Team). • Participate on mandatory CDC and NRPA ACHIEVE conference calls, as directed, including quarterly calls with NRPA. • Attend mandatory "Coaches Meeting" in Atlanta, GA, March 1 -3, 2011. Your community CHART will send two "coaches" as lead representatives. One coach must be a representative from the awarded park and recreation department. Travel expenses for the Coaches Meeting will be reimbursed by NRPA. • Develop a Community Action Plan (CAP) that will address chronic disease prevention and health promotion through policy, systems, and environmental changes in your local community. The plan will be the basis for your community implementation and will be unique to your local needs. Revisions to the CAP will be submitted to NRPA each year for three years. • Complete the CHANGE (Community Health Assessment aNd Group Evaluation) assessment tool to identify policy, systems, and environmental changes to be made in your local community. CHANGE will be reassessed and completed each year for three years. • CHART members (^'10 individuals) will attend the Action Institute to be held in Baltimore, MD, June 13 -16, 2011. Travel expenses for the Action Institute will be covered by the funded community. • Present at least two ACHIEVE initiative updates to your local government officials by the end of this agreement. • Host and prepare for an NRPA staff site visit to your community (NRPA will coordinate with your community to select a date, which will likely occur between late fall 2011 and winter 2012). • Complete and submit all required quarterly and final progress reports to NRPA, as directed. Final progress reports will be due every year for the three year scope of work. Budgets and budget justification will be required with final progress report submissions. • Update community - specific information on the ACHIEVE website for the general public to view. Signing this document commits your agency to a three -year agreement with NRPA to fulfill all components of the ACHIEVE initiative, as outlined. Your agency will receive payment in three installments: $15,000 upon signing this agreement, $10,000 upon completion of the CAP, and $15,000 upon receipt of a final progress report for Year 1. _City of Corpus Christi Name of Agency A/C Si na ure g Date `Michael Morris Printed Name Director, Parks and Recreation Title NRPA Signature Date Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A $40,000 NATIONAL RECREATION AND PARK ASSOCIATION ACHIEVE GRANT TO DEVELOP A COMMUNITY ACTION PLAN THAT WILL ADDRESS CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION, AND TO EXECUTE ALL RELATED DOCUMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to accept a grant in the amount of $40,000 from the National Recreation and Park Association Achieve Grant program to develop a Community Action Plan that will address chronic disease prevention and health promotion, and to execute all related documents. ATTEST: Armando Chapa City Secretary Approved as to form: February 10, 2011 Lisa Aguilar sistant City Attorney for the City ttorney CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Page 1 of 1 AN ORDINANCE APPROPRIATING $40,000 GRANT FROM THE NATIONAL RECREATION AND PARK ASSOCIATION ACHIEVE GRANT IN THE NO. 1067 PARKS AND RECREATION GRANT FUND, TO DEVELOP A COMMUNITY ACTION PLAN THAT WILL ADDRESS CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $40,000 grant from the National Recreation and Park Association Achieve grant program is appropriated in the No. 1067 Parks and Recreation Grant Fund to develop a community action plan that will address chronic disease prevention and health promotion. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of February, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: February 10, 2011 By: Lisa Ag r, Assistant City Attorney For the City Attorney Joe Adame Mayor H:1LEG- DIR \Lisa12011 OrdinancelORD- Approp -NRPA Achieve Grag oc Corpus Christi, Texas Day of , 2011 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong ATTACHMENT TO BE SENT AT A LATER DATE 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/22/2011 AGENDA ITEM: RESOLUTION AMENDING THE SERVICE PROVIDER AND CUSTODIAL AGREEMENTS WITH VALIC RETIREMENT SERVICES COMPANY AND AIG FEDERAL SAVINGS BANK FOR SERVICES WITH RESPECT TO THE DEFERRED COMPENSATION PLAN FOR SWORN POLICE OFFICERS ADOPTED BY RESOLUTION 024321 TO EXTEND THE CURRENT RENEWAL TERM OF THE AGREEMENTS. ISSUE: The City of Corpus Christi and the Corpus Christi Police Officers' Association recently negotiated to extend the agreement with VALIC Retirement Services for deferred compensation plan services for Police Officers who are existing plan participants, not open to new participants. The prior service agreement with VALIC expired as of December 31, 2010, and an amendment extending the service agreement is required. REQUIRED COUNCIL ACTION: Approval to amend the Service Provider and Custodial Agreement with VALIC Retirement Services and AIG Federal Savings Bank to extend the agreement through December 31, 2011, with renewal for successive one -year periods thereafter, unless and until terminated according to the terms of the Agreement, as amended. PREVIOUS COUNCIL ACTION: In 2000, a deferred compensation plan for Police only was established with VALIC Retirement Services dba American General Retirement Services. On July 5, 2005 the council adopted loan provisions for deferred compensation plans administered by VALIC Retirement Services dba American General Retirement Services. On December 7, 2010, Council approved the motion directing the City Manager to enter into the contract negotiated by the City of Corpus Christi and the Corpus Christi Police Officers' Association, which included continuation of the VALIC provided plan for existing plan participants only, not open for new participants. CONCLUSION AND RECOMMENDATION: The recommendation is to authorize the City Manager to approve the amended Service Provider and Custodial Agreements with VALIC Retirement Services Company and AIG Federal Savings Bank. / • Cy hia C. Garcia Director of Human Resources cynthiag ©cctexas.com 361- 826 -3315 Attachments — Background Information -61- Page 3 of 4 BACKGROUND INFORMATION In 1976, the City established, through Ordinance 13405, an internally- administered deferred compensation program as a voluntary, supplemental retirement plan for its employees. The plan was amended in 1982 by Ordinance 16839 to specify the maximum amounts which may be deferred under the plan, changing the times at which employees may join the plan, and allowing employees to change the method of distribution. In 1984, Ordinance 18127 amended the plan by appointing the !CMA Retirement Corporation as Administrator, adopted the ICMA Deferred Compensation Plan to comply with Internal Revenue Code Section 457, authorized the City manager to sign such documents necessary for said changes, and appointed the Director of Finance as Plan Coordinator. In 1987, resolution 20008 was adopted to establish a second deferred compensation program as an enhanced benefit choice for employees, the United States Conference of Mayors Deferred Compensation Plan, through Nationwide Retirement Services. In 2000, a deferred compensation plan for Police only was established with VALIC Retirement Services dba American General Retirement Services. On April 12, 2005 the council adopted loan provisions for deferred compensation plans administered by ICMA Retirement Corporation and U.S. Conference of Mayors Deferred Compensation Plan - Nationwide Retirement Services. On July 5, 2005 the council adopted loan provisions for deferred compensation plans administered by VALIC Retirement Services dba American General Retirement Services. The City and the Corpus Christi Police Officers' Association agreed to a contract pursuant to Chapter 174 of the Texas Local Government Code, and on November 12, 2010, the Corpus Christi Police Officers' Association held an election for ratification of the contract by the bargaining unit. The bargaining unit voted in favor of ratification. This contract included continuation of the VALIC provided deferred compensation plan for existing plan participants only, not open for new participants. On December 7, 2010, Council approved the motion directing the City Manager to enter into the contract negotiated by the City of Corpus Christi and the Corpus Christi Police Officers' Association, which included continuation of the VALIC provided plan for existing plan participants only, not open for new participants. The City's Human Resources and Legal Departments have been working with VALIC, since approval of the contract with the Corpus Christi Police Officer's Association, in order to ensure the proper amendments are completed in order to continue the plan provisions for current participants. Page 4 of 4 -62- Page 1 of 2 RESOLUTION AMENDING THE SERVICE PROVIDER AND CUSTODIAL AGREEMENTS WITH VALIC RETIREMENT SERVICES COMPANY AND AIG FEDERAL SAVINGS BANK FOR SERVICES WITH RESPECT TO THE DEFERRED COMPENSATION PLAN FOR SWORN POLICE OFFICERS ADOPTED BY RESOLUTION 024321 TO EXTEND THE CURRENT RENEWAL TERM OF THE AGREEMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Service Provider and Custodial Agreements with Vatic Retirement Services Company and AIG Federal Savings Bank for services with respect to the Deferred Compensation Plan for swom police officers adopted by Resolution 024321 is amended to extend the current renewal term of the agreements. SECTION 2. That the City Manager or his designee is authorized to execute the Amendment to Service Provider and Custodial Agreements to extend the current renewal term of the agreements. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: February i 0 , 2011. rian Na aez Assistant City Attorney For City Attorney Corpus Christi, Texas Page 2 of 2 of , 2011. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong Amendment to Service Provider and Custodial Agreements This Amendment is made to the Service Provider and Custodial Agreements (collectively, the "Agreements ") by and between City of Corpus Christi ( "Employer ") and VALIC Retirement Services Company ( "Service Provider ") and AIG Federal Savings Bank ( "Custodian ") for services with respect to the City of Corpus Christi Deferred Compensation Plan, a plan established pursuant to Section 457(b) of the Internal Revenue Code of 1986 ("Code"). WHEREAS, Employer, Service Provider and VALIC Trust Company, predecessor custodian to AIG Federal Savings Bank, entered into the Agreements for nondiscretionary plan administrative and custodial services effective January 1, 2000; WHEREAS, AIG Federal Savings Bank succeeded VALIC Trust Company as Custodian effective January 1, 2004; WHEREAS, the Agreements provided for a five -year Initial Term and successive two -year Renewal Terms; and WHEREAS, Employer, Service Provider, and Custodian desire to extend the Renewal Term of the Agreements. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree to amend the Agreements, effective January 1, 2011, as follows: I , The current Renewal Term of the Agreements is hereby extended through December 31, 2011. At the conclusion of the Initial Term/current Renewal Term, the Agreements shall renew for successive one -year periods thereafter ( "Renewal Terms ") unless and until terminated according to the terms of the Agreement, as hereby amended. 2. Appendix A is hereby revised to reflect default procedures in the event a fund selected by the Employer has closed or merged due to fund- company action and the Employer or its authorized Plan representative has not selected a new fund. Appendix A may also reflect updated information regarding investment options, including but not limited to changes to the name, investment objective, fees or reimbursements relating to one or more of the investment options. A copy of Appendix A as hereby revised is attached to this Amendment. This Amendment shaII remain in full force and effect until termination of the Agreements in accordance with the terms and conditions therein_ SAVE AND EXCEPT as specifically amended herein, the terms and conditions of the Agreements shall remain in full force and effect. 60925_00I _Amendinent_010111 1 -65- IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives. EMPLOYER: SERVICE PRO R: Print Name: Print Name: SCoThC61 balynctn Title: Date: Title: Vice President and Trust Officer Date: 409 %// Approved as to form: ' -2-5 -7-ei 1 8 L. Brian Narvaez Assistant City Attorney For City Attorney Title: Administrative Officer Date: 1- `C.t - 60925_00I_Amendment 010111 2 _66-- Appendix A to Service Provider and Custodial Agreements Effective January 1, 2011 Available Investment Options VALIC receives I2b -1 fees and recordkeeping fees from mutual funds or their affiliates as shown below for administrative and shareholder services. VALIC offsets the plan sponsor`s administrative fee by the 12b -1 fees and recordkeeping fees received from the fund families as described in the Service Provider Agreement. A VALIC group fixed unallocated annuity (policy form GFUA -398). Transfers from this annuity contract shall be subject to a contractually imposed 90 -day "equity wash" limitation, meaning that transfers out of this Fixed- Interest Option may not occur to a "competing option," as defined in the annuity contract, for 90 days after such transfer from the Fixed - Interest Option. This fund will be the default investment option for the Plan. The default investment option(s) wiII be used: a. for any contributions received on behalf of a participant who does not have investment elections 60925 0D l Amendment 010111 3 -67- Amounts VALIC Fund Paid to from Family Record keeping / Admin Fees ( %) 0.25 Fund Name Asset Category Ticker Symbol or CUSIP Number 12b -1 Fees ( %) 1 AmCent Cap Pres Mnjr Mkt Inv Money Market CPFXX 0.00 2 American Century Infl-Adj Bond Inv Inflation- Protected Bond ACITX 0.00 0.25 3 American Century Real Estate Inv Real Estate REACX 0.00 0.35 4 American Century Vista Inv Mid -Cap Growth TWCVX 0.00 0.35 5 American Funds American Balanced R4 Moderate Allocation RLBEX 0.25 0.10 . 6 American Funds American Hi Inc Tr R4 High Yield Bond RITEX 0.25 0.10 7 American Funds American Mutual R4 Large Value RMFEX 0.25 0.10 8 American Funds Capital World 0/1 R4 World Stock RWIEX 0.25 0.10 9 American Funds EuroPacific Gr R4 Foreign Large Blend REREX 0.25 0.10 10 American Funds Growth Fund of Amer R4 Large Growth RGAEX 0.25 0.10 11 Davis NY Venture A Large Blend NYVTX 0.25 0.25 12 Dreyfus Bond Market Index Inv Intermediate -Term Bond DBMIX 0.25 0.10 13 Dreyfus Intl Stock Index Foreign Large Blend DIISX 0.25 0.15 14 Dreyfus MidCap Index Mid -Cap Blend PESPX 0.25 0.15 15 Dreyfus S &P 500 Index Large Blend PEOPX 0.25 0.15 16 Dreyfus Small Cap I Small Value DSVRX 0.00 0.40 17 Dreyfus Small Cap Stock Index Small Blend DISSX 0.25 0.15 18 Legg Mason ClearBridge Small Cap Gr A Small Growth SASMX 0.25 0.25 19 PIMCO Total Return A Intermediate -Term Bond PTTAX 0.25 0.10 20 Pioneer Mid -Cap Value A Mid -Cap Value PCGRX 0.25 0.30 21 VALIC Fixed - Interest Option' A VALIC group fixed unallocated annuity (policy form GFUA -398). Transfers from this annuity contract shall be subject to a contractually imposed 90 -day "equity wash" limitation, meaning that transfers out of this Fixed- Interest Option may not occur to a "competing option," as defined in the annuity contract, for 90 days after such transfer from the Fixed - Interest Option. This fund will be the default investment option for the Plan. The default investment option(s) wiII be used: a. for any contributions received on behalf of a participant who does not have investment elections 60925 0D l Amendment 010111 3 -67- on file with Service Provider; or b. in the event a fund selected by the Employer has closed due to fund- company action and the Employer or its authorized Plan representative has not selected a new fund, for any contributions received on behalf of a participant who is participating in such fund; and, where required for the current account balances in the unavailable fund, Employer hereby directs Service Provider and Custodian to transfer such amounts to this investment option. In the event a fund selected by the Employer has been merged with another fund due to fund- company action and the Employer or its authorized Plan representative has not selected a new fund, for any contributions received on behalf of a participant who is participating in such fund, and, where required for the current account balances in the merged fund, Employer herby directs Service Provider and Custodian to transfer such amounts to the surviving fund of the fund merger. VALIC represents The Variable Annuity Life Insurance Company and its subsidiaries VALIC Financial Advisors, Inc. and VALIC Retirement Services Company. 50925 001_Amendment 010111 4 -68- 10 AGENDA MEMORANDUM City Council Action Date: February 22, 2011 SUBJECT: Fire Station No. 3 Renovations Project No. E11009. (BOND ISSUE 2008) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,602.20 for Fire Station No. 3 Renovations. (BOND ISSUE 2008) ISSUE: Fire Station No. 3 is located at 1401 Morgan Avenue; and has been servicing the City of Corpus Christi since 1954. Years of constant use have left the station in need of renovating. The proposed project will address several issues, such as windows that leak both air and water, lighting that either does not work or requires constant replacement of bulbs, and plumbing that requires cleaning out about once every three months. The project was requested by the Fire Department and is ready to begin construction. FUNDING: Funding is available from the Bond Issue 2008. RECOMMENDATION: Staff recommends approval of the Motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Action Exhibit "C" Project Budget Exhibit "D" Location Map —71— Pete Anaya, P. . Director of Engineering Services 826 -3781 petean @cctexas.com HAHOME5VELMAPIGEN5FIRE OEPARTMENT\E1 5009 FIRE STATION NO. 3 RENOVATIONSAGENDA 2 MEMO.DOC BACKGROUND INFORMATION SUBJECT: Fire Station No. 3 Renovations Project No. E11009 (BOND ISSUE 2008) PROJECT DESCRIPTION: This project will address several areas within the fire station including lighting, windows, and some general plumbing. The items will renovate the existing fire station and make it more energy efficient. Below is a more detailed description of the work to be done: • Replacement of all light fixtures and installation of new updated energy efficient lighting, including exterior and truck bay lighting. • Addition of several new receptacles in various areas throughout the station. • Installation of new "drop ceiling" in dorm area. • Replacement of 1 single door and 1 set of double doors. • Installation of new windows in all areas of the station. • Weather - stripping of all new doors and windows • Replacement of the existing ice machine • Replacement of 3 existing floor standing urinals, and all associated plumbing work. CONTRACT TERMS: The project is estimated to require 120 calendar days, with the completion anticipated in August 2011. PROJECT BACKGROUND: Fire Station No. 3 was built in 1954. The front part of the station served as the location for the Fire Departments administration offices where the Fire Chief and Fire Marshall worked along with administrative staff. In the early 90's the administration staff, Fire Chief, and Fire Marshall were moved to their current locations and the station continued on as Fire Station No. 3. Currently the fire station houses one fire engine, a rescue truck and a technical rescue trailer. Eight firefighters are assigned to the station, along with the on duty EMS supervisor. Technical rescue and Haz -Mat equipment are stored on site for response as needed. This project will complete the five Fire Stations identified in the Bond Issue 2008 "Remodeling and Repairs to Five Fire Stations." METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. _72_ H:IHOMEIVELMAPIGENSFIRE DEPARTMENT1E11009 FIRE STATION NO, 3 RENOVATIONSIAGENDA 3 BACKGROUND.DOC EXHIBIT "A" Page 1 of 2 Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: > Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. > Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. —73— H:I1-IOME4VELMAP4GENIFIRE DEPARTMENT\E11009 FIRE STATION NO. 3 RENOVATIONSSAGENDA 3 BACKGROUND.DOG EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Fire Station No. 3 Renovations Project No. E11009 (BOND ISSUE 2008) PRIOR COUNCIL ACTION: 1. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 2. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) -74- H:IHOMEIVELMAPIGENIFIRE DEPARTMENTIE11009 FIRE STATION NO. 3 RENOVATIONS1AGENDA 4 PRIOR PROJECT ACTIONS.DOCX EXHIBIT "B" Page 1 of 1 PROJECT BUDGET FIRE STATION NO. 3 RENOVATIONS Project No E11009 February 22, 2011 FUNDS AVAILABLE: Bond Issue 2008 $85,419.52 FUNDS REQUIRED: Construction (BARCOM COMMERCIAL.) $74,602.20 Contingencies 7,460.22 Engineering Services 1,492.04 Construction Inspection 1,492.04 Misc. (Printing, Advertising, etc.) 373.01 TotaL $85,419.52 FUNDS REMAINING $0.00 EXHIBIT "C" Page 1 of 1 H:IHOMEWelmaPIGENIFIRE DEPARTMENTE11009 FIRE STATION NO. 3 RENOVATIONSIr 5 PROJECT BUDGET 111,1 RP' AGNES MORGAN FIRE STATION #3 1401 MORGAN AVE PROJET LOCA7ION di$ SCALE: 1Lx.s. CORPUS CHRISTI W, POINT CRAIG ST u N.T.S. rr C FIRE STATION #3 1401 MORGAN AVE PROJECT LOCATION 1 ■ 1 1 1 1 1 1 1 1 EXHIBIT - PROJECT # E11009 ....__„.. FIRE STATION #3 RENOVATIONS (BOND 08) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT Of ENGINEERING SERVICES PAGE: 1 of 1 11 AGENDA MEMORANDUM Council Action Date: February 22, 2011 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Warranty Deed and a Utility Easement instrument with George T. Smith and wife, Faye K. Smith in the total amount of $107,133 plus $794 for a title policy, for the acquisition of Parcel 7containing 1.122 acres of land for street right-of-way improvements located at the northwest corner of Airline Road at Lipes Boulevard and Parcels 7A and 7B containing 0.248 acres of Utility Easement for construction of drainage improvements along the frontage of Airline Road to Master Channel 31, all necessary for the Airline Road Street Improvement Project - Saratoga Boulevard to Rodd Field Road, Project #6465, Bond 2008 and for other municipal purposes. ISSUE: Bond Issue 2008, approved on November 4, 2008, included the Airline Road Street Improvement Project from Saratoga Boulevard to Rodd Field Road. The project includes the reconstruction of a two -lane rural roadway to a four -lane collector street with a center left -turn lane. New curbs, gutters, sidewalks, driveways, and street lighting will be constructed along with some utility line reconstruction. The acquisition of right -of -way for the project is progressing along the project limits shown on the attached project location map marked Exhibit B. City staff has completed negotiations for Parcels 7, 7A, and 7B with the landowner, George T. Smith and wife, Faye K. Smith. A signed Warranty Deed and a Utility Easement has been obtained by City staff in the total amount of $107,133. Expenditures for land acquisition exceeding $50,000 require City Council approval. FUNDING: Bond 2008 Fund (Streets) - 550701- 3546- 00000 - 170322 Amount Requested: $107,927.00 RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P. E. Director of Engineering Services petean(c�cctexas.com 361 - 826 -3781 Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Project Location Map Parcel Location Map H:IH0MEIEUSEB10G1GENAgenda ltems\Airiine Road St. imps. 6565. G. SmithlMemorandum.doc BACKGROUND INFORMATION SUBJECT: Airline Road Street Improvements, Saratoga to Rodd Field (BOND 2008) Acquisition of Parcels 7, 7A, and 7B, George T. Smith and wife, Faye K. Smith PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held a voter election to consider a number of ballot propositions under Bond Issue 2008. The purpose was to fund major capital improvements for the community. The Bond 2008 package included $153 million in projects targeting the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Proposition No. 1 included 31 individual street improvement projects, one of which was Airline Road from Saratoga Boulevard to Rodd Field Road. The Airline Road Project is designed for the full reconstruction of Airline Road from Saratoga Boulevard to Rodd Field Road as shown on the attached Exhibit B. The scope of work includes the reconstruction and widening of the existing unimproved two lane roadway to a four lane collector street with a center continuous left turn lane. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. Associated utility systems will be relocated, rehabilitated or replaced as appropriate within the project limits. PARCEL DESCRIPTIONS: Parcel 7 is located at the intersection of Airline Road and Lipes Boulevard as shown on the attached Exhibit C. This triangular shaped parcel contains 1.122 acres (48,884 sf) of land of variable width. The parcel extends 409 feet northward along Airline Road and 615 feet westward along Lipes Boulevard. The City is acquiring fee simple surface rights to the parcel and will be receiving a Warranty Deed. The subject property, from which the parcel is located, contains 5 acres and is currently zoned FR, Farm -Rural District. This parcel is needed to realign Lipes Boulevard into Airline Road at approximately 90 degrees as shown on the attached Exhibit C. Excess right -of -way from this parcel and from Lipes Boulevard will be retained by the City and possibly abandoned and vacated by the City at later date to be sold to the adjacent landowner. Parcels 7A and 7B are Utility Easements and contain a total of 0.248 acres or 10,803 square feet. The easements are 17.5 feet wide, and extend approximately 617 feet southward along Airline Road. They are needed to convey storm water within an underground box culvert from the Airline Road project area towards Master Channel 31. PARCEL NEGOTIATIONS: The City obtained an appraisal of Parcel 7 from American Appraisers, Inc. The appraisal report indicated a value of the fee simple rights in the amount of $91,902 or $1.88 per square foot based on commercial use value for the 1.122 acres (48,884 sf) of land. The valuation of the Utility Easement (Parcels 7A & 7B) was also based EXHIBIT A Page 1 of 3 _80_ on the fee value of $1.88 per square foot, however discounted downward 25% to $1.41 per square foot since the owner will retain use of the surface. Based on the total area of the Utility Easements valued at $15,231. A total offer of just compensation in the amount of $107,133 was made to the landowners, which was accepted. The landowners have executed a Warranty Deed and a Utility Easement which now requires signature by the City Manager or his designee. Upon approval by the City Council and execution by the City Manager or his designee, Stewart Title of Corpus Christi will issue a Title Policy for the parcel acquisition. PRIOR COUNCIL ACTION: 1 November 13, 2008 - Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 31, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of $1,1 27,716, for Airline Road from Saratoga Boulevard to Rodd Field Road for design, bid, and construction phase services (BOND ISSUE 2008). (Motion No. 2009 -076) 5. June 22, 2010 - Motion authorizing the City Manager or his designee to execute a Right of Way Easement instrument with D & E Development Corporation for the acquisition of Parcel 9 in the total amount of $88,582, containing Right of Way, necessary for the Airline Road - Saratoga to Rodd Field Improvements, Project #6465, and for other municipal purposes. (Motion No. 2010 -143) 6. October 19, 2010 - Motion authorizing the City Manager or designee to execute a Right - of -Way Easement instrument with Ronald S. Browning in the total amount of $62,539, for the acquisition of Parcel 12 containing 1.315 acres of land, necessary for the Airline Road Street Improvement Project, Saratoga Boulevard to Rodd Field Road, Project #6465, Bond 2008 and for other municipal purposes. (Motion No. 201 0 -251) EXHIBIT A Page 2 of 3 PRIOR ADMINISTRATIVE ACTION: 1. September 19. 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). 2. October 14, 2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - Iocal). 3. October 20. 2008 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the resolution for Eminent Domain proceedings, if needed, 3. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels. H:IHOMEIEUSEBIOGIGENIPgenda ItemslAiriine Road St. Imps. 6565. G. SmithlBackground.doc EXHIBIT A Page 3 of 3 -82- CORPUS CHRIST BAY 8 PROJECT Na 6455 LOCATION MAP NOT 70 SCALE AIRLINE ROAD FROM SARA TOGA BOULEVARD TO RODD FIELD ROAD BOND ISSUE 2008 -83- EXHIBIT B CITY COUNCIL EXHIBIT E R TOF NEEER?DA OP ENGINEERING SCEs PAGE: 1 of 1 DATE: 10/27/2009 M.Mr.rr File : \ Mproject \councilexh\exh6465Iand4.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE PENDING PARCELS FOR ACQUISITION PARCEL 7B VICINITY MAP NOT TO SCALE AIRLINE ROAD - SARA TOGA TO RODD FIELD PROJECT #6465 PARCEL LOCATIONS -84- EXHIBIT C CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 _ - DEPARTMENT OF ENGINEERING SERVICES Property and Land Acquisition Division Airline Road — Saratoga to Rodd Field —Parcel 7 Warranty Deed THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT we, GEORGE T. SMITH AND WIFE, FAYE K. SMITH, collectively, ( "Grantor "), of 2515 County Road 28, Robstown, Nueces County, Texas 78380, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid by THE CITY OF CORPUS CHRISTI, called GRANTEE, a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78403 the receipt and sufficiency of which is hereby acknowledged; HAVE GRANTED, SOLD AND CONVEYED and by these presents do GRANT, SELL and CONVEY unto the CITY OF CORPUS CHRISTI, all that certain tract, piece or parcel of land lying and being situated in the County of Nueces, State of Texas, and more particularly described as follows, to -wit: See the metes and bounds property description attached hereto and made a part hereof for all purposes as Exhibit "A ". A map showing the crosshatched location of the acquisition is attached hereto for all purposes as Exhibit 'B" This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any mortgage or lien, affecting the hereinabove described property, including restrictive covenants, easements, rights-of-way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the hereinabove described property. TO HAVE AND TO HOLD the Property and all appurtenances thereto, unto the CITY OF CORPUS CHRISTI, its successors and assigns, forever; and the undersigned hereby bind ourselves, our heirs and assigns, to WARRANT AND FOREVER DEFEND, subject to the herein set forth exceptions, all and singular the Property unto the CITY OF CORPUS CHRISTI, its successors and assigns, against every person whomsoever lawful claiming or to claim the same or any part thereof. H1HOME IR0aERTSAIGEN IUEEDS16465.Airiine Rd.George Smith. c _ GRANTOR George T. Smith THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on by George T. Smith and wife, Kaye F. Smith. (Seal) J Public in fo the to o Notary Pub of Texas -.KAREN FRAZIER State Notary PLID lic, Lamm; Ems. 09 -06-13 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, this day of , 2010. GRANTEE CITY OF CORPUS CHRISTI 'Angel R. Escobar, City Manager 1-1I1-10MEIROBERTSAIGENIDEEDS16465 .Airline Rd.George Smith.dor8 6_ THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010 by `Angel R. Escobar as City Manager of the City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. Notary Public in for the State of Texas (Seal) �a(L APPROVED AS TO LEGAL FORM, THIS 3 \ DAY OF —Sit rav� , 249-111. FOR THE CITY ATTORNEY , Assistaity Attorney CITY LEGAL DEPARTMENT HIHOMEIROBERTSAAGE IDDEEDS1646S .Airline RdGeorge Smith.dob 7_ . City project no. 6465 Consultants project no. 110446 George T. Smith 5 acres out of south portion L -26, Sec. 20, F.B. & E.F. & G.T. EXHIBIT A METES AND BOUNDS DESCRIPTION OF ADDITIONAL AIRLINE ROAD R.O.W. Being 1.122 acres of and for additional right -of -way for Airline Road, said 1.122 acre tract being out of a 5.00 acre tract recorded in Document No. 1996027562, Official Public Records of Nueces County, Texas, and being out of the south portion of Lot 26, Section 20, Flour Bluff and Encinal Farm and Garden Tracts recorded in Volume A, Pages 41 -43„ Map Records of Nueces County, Texas, and this 1.122 acre tract being more particularly described by metes and bounds as follows: Beginning at the northeast corner of this tract, said corner having a coordinate of N 17130665.84', E 1351606.28', Texas State Plane Grid, Texas South Zone, NAD'83, and said corner being on the present west right -of -way line of Airline Road; Thence 5 02 -09 -26 W with the east boundary of this tract, the same being the present west right -of -way line of Airline Raad, 409.55 feet, to the southeast corner of this tract, said corner being at the intersection of the present west right -of -way line of Airline Road with the present northeast right -of- way fine of Lipes Boulevard; Thence N 61 -04 -20 W with the southwest boundary of this tract, the same being the present northeast right -of -way line of Lipes Boulevard, 615.59 feet, to the southwest corner of this tract, said corner being on the northwest boundary of said 5 acre tract; Thence N 28 -30 -51 E with the northwest boundary of this tract and said 5 acre tract, 17.50 feet, to the northwest corner of this tract; Thence 5 61 -04 -20 E with the northeast boundary of this tract, 179.38 feet, to the beginning of a curve to the left; Thence with said curve to the left having a central angle of 36- 16 -36, a radius of 262.50 feet, a length of 166.20, a chord bearing of S 79 -12 -38 E, 163.44 feet; Thence N 82 -39 -04 E with the north boundary of this tract, 163.26 feet, to an inside corner of this tract; Thence N 42 -24 -15 E, 45.80 feet, to another inside corner of this tract; Thence N 02 -09 -26 E with the west boundary of this tract and running 29.50 feet west of and parallel to the present west right -of way line of Airline Road, 174.67 feet, to the northwest corner of this tract, said corner being on the northeast boundary of said 5 acre tract, the same being the southwest boundary of a 5 acre tract recorded in Clerk File No. 499557, Deed Records of Nueces County, Texas; Thence 5 61 -23 -53 E with the northeast boundary of this tract and the common boundary of said 5 acre tract, 32.95 feet, to the point of beginning and containing 1.122 acres of land or 48,884 square feet, more or less. Note: Bearings are based on State Plane Grid, Texas South Zone, NAD'83. -88- PARCEL EXHIBIT —r r • M N � o£o u • n W9.3 oVg z n M o n n �z 2 ni N 15.00 U.E. 3D.OD' r C -I i CITY of CORPUS CHRISTI TEXAS Department of Engineering Senates 319V1 3AIf10 LB CI m it w G LINE N4 J PARCEL LINE TABLE N .O ip V mN D W ONi, t 0 is . O. m N no N S ia�i y RM N to A !rn m to ii Ri 01 t m O R v bs 5 N ..D. 0 O 2 PARCEL 7 CONSULTANTS PROJECT NUMBER: 110445 Ensfineming. Inc TauP.t Flan limpid Nkn No. 15, CITY PROJECT NUMBER: 6455 M UNE ROAD ADD41IOM41 RIGHT—OF—MY AVON 3NIlHfV -- DATE. R��a —as GEORGE T. SAM 5.000 ACRES Dor. # 19960Z75E2 D.P.R.N.C.T. Exu1BIr B DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQULSITTON DIVISION AIRLINE ROAD - SARATOGA TO RODD FIELD- PARCELS 7A, 7B NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § COUNTY OF NUECES § Utility Easement KNOW ALL BY THESE PRESENTS: THAT we, GEORGE T. SMITH AND WIFE, FAYE K. SMITH, collectively, ( "Grantor "), of 2515 County Road 28, Robstown, Nueces County, Texas 78380, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid by the CITY OF CORPUS CHRISTI, ( "Grantee ") of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401, the receipt of which is hereby acknowledged, has granted and conveyed, and does grant and convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on, over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property descriptions for the UTILITY EASEMENT attached and incorporated as "Exhibits A and C ". (Premises) Maps showing the location of the UTILITY EASEMENT are attached and incorporated as "Exhibits B and D ". (Premises) Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees to construct, service, repair, maintain, inspect, lay, operate and keep public utility lines under, on and along said easement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, and franchisees for the use as a UTILITY EASEMENT and right- of-way for so long as used for such purpose, and if the use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. GRANTOR George T. Smith Faye K. Smith —90— THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by George T. Smith and wife, Faye K. Smith. Notary Public in and =te of Texas [Seal] .�....,....�...�.__, wr •K I Ehi FRAZiER Notary Rt�l�, wl Stale of Texas Comm. Exp. 09-06-13 ',s .31 ► ,2011 ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas, on , 2011. GRANTEE CITY OF CORPUS CHRISTI, TEXAS P. O. Box 9277 City Hall, 1201 Leopard, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION Corpus Christi, Texas 78469 -9277 Wye/ ^Ftedre-Affiftyg4417E- Director of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § Tn n was a sowledge heft wfi on 2011 by �o � m l, , r' of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] APPROVED AS TO LEGAL FORM, THIS "S\ DAY OF "Sevfm„� 2011. FOR THE CITY ATTORNEY By: Gam. L. Brian Narvaez, Assistant Cif Attorney CITY LEGAL DEPARTMENT IHOMEIROBERTSAIGENTASEMENT16465 Airline Road George Smith.doc City Project No. Consultants Project No. George T. Smith 5.65 acre tract out of Lots 7 & 8, Sec. 21, F.B. & E.F. & G. T. EXHIBIT A. METES AND BOUNDS DESCRIPTION OF A 17.5 FOOT WIDE UTILITY EASEMENT Being a 17.5 foot wide utility easement containing 0.144 acres of land, more or less, and iying within a 5.65 acre tract being out of Lots 7 and 8, Section 21, Flour Bluff & Encinal Farm and Garden Tracts recorded in Volume A, Pages 41 -43, Map Records ofNueces County, Texas, and said 5.65 acre tract recorded in Document No. 904170 and as Parcel 5 in Document No. 2003028780, Official Public Records ofNueees County, Texas, and this utility easement being more particularly described by metes and bounds as follows: Beginning at the northeast comer of this easement, aid corner being at the intersection of the present west right -of -way line of Airline Road with the northeast boundary of said. 5.65 acre tract and bearing N 61 -00 -00 W, 33.54 feet, from the northeast corner.of said 5.65 acre tract; Thence S 02 -26 -10 W with the east boundary of this easement, the same being the present west right -of -way line of Airline. Road and running perpendicularly 30.00 feet west of and parallelito the east boundary of said 5.65 acre tract, the same being the centerline of Airline Road, 358.44 feet, to the southeast corner of this easement, said comer being on the southwest boundary of said 5.65 acre tract and bearing N 61 -00 -00 W, 33.54 feet, from the southeast corner of said 5:.65 acre tract; Thence N 61- D0 -00W with the southwest boundary of this easement, the same being the southwest boundary of said 5.65 acre tract, 19.57 feet, to the southwest corner of this easemertat; Thence N 02 -26 -10 E with the west boundary of this easement and running perpendicularly 17.50 feet west of and parallel to the east boundary of this easement, 358.44 feet, to the northwest corner of this easement, said comer being on the northeast boundary of said 5.65 sere tract; Thence S 61 -00 -00 E with the northeast boundary of this easement, the same being the northeast boundary of said 5,65 acre tract, 1 9.57 feet, to the paint of beginning and containing 0.144 acres of land, more or less, Note: Bearings based an the recorded Documents noted in the description. _93_ W PARCEL LA Motto Lyn Moore 5.85 Are oul o1 LoLs 7 & 8, Se Son 21 Flour B1ufl & tneinol Farm & Gorden Trocls PPI.CO 4 0oc. 2003020780 O.P.R.N.C.T. George T. Smith 5,65 Aces out of Lots 7 & 0, Section 21 Flour NW( & Encino! Form & Garden Tracts Parcel 5 Dan. ' 2023026750 & Doe. ✓k 904170 O.P.R.N.C.T. 301, 17.5' U.E 0.144 ACRES EXIST 15' U.E. U.E. LINE TABLE LINE NO. LENGTH DIRECTION L1 350.44 502'261101H L2 12.57 N51'00'00'W L3 358,44 N52'26'10'5 L4 19.57 S61•001O01E George T. Smile 5.65 Acres out al Lots 7 & 6, Section 21 Flour Elul( & Encino! Form et Gorden Tracts Parcel 6 Doc. or 2003025760 O.P.R.N.C,T. 0 100' 200' PARCEL 7A � � CON50LTSNT5 PROJECT NLM0ER: 710148 17.5' U.E 0.144 ]� p EXHIBIT CRT PROJECT NUMBER 6455 CITY of CORPUS cHRtsT TEXAS Department of Engineering Servioes XoRF hrelr.Mr p,y,,;n„ ns GEORGE T. u} 5.15 ACRE' Doc. 1 2003028714 O,P.R.N.C,i: ' U im 41 -18 -14 —94— City Project No. 6465 Consultants Project No. 110446 George T. Smith 5.65 acre tract out of Lots 7 a 8, Sec. 21, F.B. & E.F. & G. Ti EXHIBIT A METES AND BOUNDS DESCRIPTION OF A 173 FOOT WIDE UTILITY EASEMENT Being a 17.5 foot wide utility easement containing 0.104 acres of land, more or less, and lying within a 5.65 acre tract being out of Lots 7 and 8, Section 21, Flour Bluff & Encinal Faun and Garden Tracts recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas, lEand said 5.65 acre tract recorded as Parcel 6 in Document No. 2003028780, Official Public Records of Nueces County, Texas, and this utility easement being more particularly described by metes and bounds as follows: Beginning at the northeast corner of this easement, said comer being at the intersection of thel present west right -of -way line of Airline Road with the northeast boundary of said 5.65 acre tract and bearing N 61 -00 -00 W, 33.54 feet, from the northeast comer of said 5.65 ao>e tract Thence 5 02 -26 -10 W with the east boundary of this easement, the same being the present west right -of -way line of Airline Road and running perpendiaularly 30.00 feet west of and parallel]. to the east boundary of said 5.65 acre tract, the same being the centerline of Airline Road, 237.g2 feet, to a corner of this easement, said corner being at the intersection of the west right -of -way line of Airline Road with the northwest boundary of an existing 20 foot wide uh4ity easemeni recorded in Document No. 2003067251; Thence S 28 -58 -58 W with the southeast boundary of this easement, the same being the northwest boundary of said 20 foot wide utility easement, 39.23 feet, to the southeast corner of this easement; Thence N 02 -26 -10 E with the west boundary of this easement and running perpendicularly 1 17.50 feet west of and parallel to the east boundary of this easement, 280.86 feet to the northwest comes of this easement, said corner being on the northeast boundary o f said 5.65 acre tract; Thence S 61 -00 -00 E with the northeast boundary of this easement, the same being the northjast boundary of said 5.65 acre tract, 19.57 feet, to the point of beginning and co : +' + 0.104 ages ofland, more or less.ff jr ig..• .- T , �°k,, :-.913TFn'-. :, s9 .`�"p..,4q g FlU. °1CADA P Note: Beatings based on the recorded Document noted in the description. ' PARCEL 7B EXHIBIT -95- George T. Smith 5.65 Acres out of Lots 7 & 6. Section 21 Tiour 61ur1 & Encino[ Torm & Garden Tracts Forest 5 Dor. 2203526760 e Ode. N 954170 0.P.R.N.C.T. George T. Smith 5.65 Acres out of Lols 7 & e. Section 21 Flour Blul1 it Encino! Form & Gorden Tracts Pnrcel 6 Doc. 2003028780 DF,R.N.C.T. 17.5' 5.E. 5,104 ACRES Drainage Easement V- 2005,# -637 D.R.N.C.T. 6155T 15' 5.6. • Wayne Lundquist Jr. Trustee 35.289 Acre :soot 4-1966. P. -967, D.R.N.C.i. U.E. LINE TABLE UNE NO. LENGTH OIP.ECTION Ll 237.02 502^26'10'W L2 39.23 528'•8'5B'W L3 280.85 NO2'26'10'E L4 19.07 561'00'00 "E EXIST PARCEL 7B CITY of CORPUS CHRISTI TEXAS Deparimenf of Engineering 5ervitee CONSULTANTS PROJECT NUMBER: 110446 NOnEriSimA6 kr. CRY PROJECT NUMBER: 6465 • 17.5'IL;6 0.104 A6RES 01 -19 -10 GEORGE T. 1SAIITH 5.65 ACRES Dos. / 200.302870, 0.P.R.N.C.T. -96- EXHIBIT 12 NO ATTACHMENT FOR THIS ITEM 13 NO ATTACHMENT FOR THIS ITEM 14 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: February 22, 2011) Case No. 0111 -04: February 22, 2011 CGP Acquisition & Development, LLC: The applicant is requesting a change of zoning from the "R -1B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street. Staff's Recommendation: Denial of the applicant's request for a change of zoning from the "R -1 8" One - family Dwelling District to the "B -1" Neighborhood Business District. Planning Commission's Recommendation (January 19.2011): Approval of the applicant's request for a change of zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation Juan Perales, Jr., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:1PLN- OIRISHARE011. PLANNING COMMISSIONti2011 COTES 2011 10111 -04 CGP ACQUISITION & DEVELOPMENT, LLC■0111.04 AGENDA MEMO.DOC -107- CITY COUNCIL ZONING REPORT Case No.: 0111 -04 Planning Commission Hearing Date: January 19, 2011 Applicant: CGP Acquisition & Development, LLC Owner: Rogerio and Esperanza Lopez Representative: R.S. Smith and Associates Legal Description/Location: 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street. o rgy N p4 From: "R -IB" One - family Dwelling District To: "13-1" Neighborhood Business District Area: 1.305 acres Purpose of Request: Allow for construction and operation of a retail sales business. e t , •0 o SI 0 . au 0 14 • W Existing Zoning District Existing Land Use Future Land Use Site "R -1B" One - family Dwelling District Vacant Low Density Residential North "R -1B" One - family Dwelling District Low Density Residential Low Density Residential South "I -2" Light Industrial District Light Industrial Light Industrial East "R -1B" One - family Dwelling District Vacant Low Density Residential West " R -1B" One- family Dwelling District Vacant Low Density Residential Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a single family residential use. The proposed change in zoning to the "B -1" Neighborhood Business District is not consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 047,037 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "B -1" Multiple Dwelling District is to provide for construction and operation of a retail sales business. • Transportation and Circulation: Holly Road is an "Al" Minor Arterial for inter - neighborhood traffic between the Kostoryz Road and Ayers Street. Santa Olivia Street is a Local Street which provides access to individual residences in the neighborhood. The Local Street is intended to discourage through traffic and is designed for low volumes of traffic. H:\PLN- DIRISHAREDII. PLANNING COMMISSION \2011 CCIFEB 20111,0111-04 COP ACQUISITION & DEVELOPMENT, LLCICC ZONING REPORT 0111-04 CGP ACQUISITION & DEVELOPMENT, LLC (R -11} TO B- 1).D0C —108— City Council Zoning Report Case #: 0111 -04, CGP Acquisition & Development, LLC Page 2 1 Street R.D.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2009 Holly Road 95' R.O.W., 64' paved No Change "Al" Minor Arterial 14, 102 Santa Olivia Street 60' R.O.W., 50' paved No Change Residential N/A • Relationship to Smart Growth: The proposed rezoning has few positive implications relating to smart growth. The proposed development will cause infill development, encourages walkable neighborhoods, uses existing infrastructure, a multitude of transportation choices are available, however is not consistent with the future land use of the area. Further, it does not have an adequate buffer area between the proposed commercial project and the adjacent single family homes. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is not consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan directs to properly locate land uses based on the compatibility, Iocational needs, and characteristics of each use. While the Comprehensive Plan encourages infill development and the expansion of commercial areas, it requires that first and foremost the adjacent neighborhoods are protected from any commercial use, specifically objectionable lights, noises, and nuisances. The Comprehensive Plan lends some recommendations should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. The Southside ADP states that commercial areas should be studied for impacts on surrounding neighborhoods in the preliminary planning phase. These commercial projects directly adjacent to residents must with have adequate transitioning through the use of other zoning districts, or the use of buffering techniques (landscaping, shielding, etc.). Other techniques for cushioning the difference in zoning intensities would be through the use of larger setbacks, landscaping, or other screening practices. Outside of these potential methods, commercial projects adjacent to residences are discouraged. Plat Status: The subject property is not platted. Department Comments: • The property is located in an area designated for low density (single family) residential future land use, therefore is not in compliance with the Comprehensive Plan. • Holly Road as a designated "Al" Minor Arterial, is designed for inter - neighborhood transportation. The construction of additional commercial projects along Holly Road will further increase the traffic demands and further exceed the designed service capabilities of Holly Road. At —109— City Council Zoning Report Case #: 0111 -04, CGP Acquisition & Development, LLC Page 3 the intersection of Richter Street and Holly Road, approximately 1,000 feet to the west of the current proposed location. Richter Street is a "CI" Minor Residential Collector Street designed to handle the traffic capacity above that of a standard Local Street and is routed north intersecting the frontage road of South Padre Island Drive. Therefore, providing traffic alternatives and mitigate the traffic demands upon Holly Road. The alternative concept was not accepted by the developer. • The proposed commercial (retail) property is directly adjacent to single family residences. • The conceptual site plan submitted does not illustrate what measures outside of a single six (6) foot screening fence, will be taken to protect the adjacent residences from lights, noise, and other potential nuisances. • The proposed retail commercial project is inappropriate for this location due to the direct proximity and adjacency to single family residences. The site plan does not demonstrate how to alleviate any potential nuisances nor compensating for the increase in traffic flow. • The potential for a "Special Permit" was discussed between staff and the applicant, however due to the implication surrounding the location and proximity to residences, staff is not entertaining, nor recommending a "Special Permit." • Commercial zoning at this location will create another strip of commercial zoning which is contrary to planning principals. • Holly Road provides an adequate separation between the non - residential uses along the south side and the residential uses along the north side. Staff Recommendation: Staff recommends denial of the change of zoning from the "R -1B" One- family Dwelling District to the "B -1" Neighborhood Business District Planning Commission Recommendation: Approval of the applicant's request for a change of zoning from the "R -1B" One - family Dwelling District to the "B -1" Neighborhood Business District. Number of Notices Mailed Total — 25 within 200' notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of February 10, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use —110— 6 vtsT NE Depamne CASE: 0111 -04 1. SUBJECT PROPERTY subject Property LOCATION MAP CASE: 0111 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1-1 Limited Industrial' Dlsbict A -1A Apartment House Dlstdcl 1 -2 Light Industrial District A -2 Apartment House District i -9 Heavy Industrial Dlstriet AB Professional Office District PUD Planned Unit Development AT Apartment - Tourist District 19-1A One Family Dwelling District B-1 Neighborhood Business District R -1B One Family Dwelling Distlet B-1A Neighborhood Business District R -1C One Family Dwelling District 13-2 Baytront Business Dlstdd R -2 Multiple Dwelling Pistrtel B-24 Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Bstate District 5-4 General Business District R -TH Townhouse Dwelling District 13-5 Primary Business Dishiet BP Special Permit B- Primary Business Care District T -]A Travel Traller Park Dishict BD Corpus Christi Beech Design Dist. T -1B Manufactured Horne Park District F -R Farm Rural Diatriel T -1C Manufactured Home Subdivision HC Historical - Cultural Landmark District Preservation Ea Subject Properly wners with 200' buffer in favor 4 Owners within 200' listed on N/ Owners attached ownership table A in opposition -1 1 2- "WLDR SUBJECT PROPERTY m LDR HDR VAC PO COM CASE: 0111 -04 3. SITE- EXISTING !AND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial m HI Lai DC CP Map Scale: 1:2,400 Light Industrial Heavy industrial Public Semi - Public Park Drainage Corridor Conservation /Preservation Water LDR iro4l L> as 'B SRR Departure r . +evelop . nr 7as -113- i CASE: 0111 -04 4. SITE- FUTURE LAND USE AR Agricultural /Rural TOR Tourist Estate Residential I Research/Business Park Low Density Res. Light Industrial Med Density Res. 1 Hl I Heavy Industrial High Density Res. QM Public Semi- Public Mobile Home Q3 Park Vacant m Drainage Corridor Professional Office 1 DP I Dredge Placement Water Conservation/Preservation 1 a1 I m COB Commercial Transportation Plan Existing Proposed Expressways ■uu•i Arterials - -- Collectors -__ -• OM Parkway 000 +H-i+ Railroad -1- 1-F+i- Icp� Map Scale: 1:2,400 LOCATION MAP —1 1 4- City of Corpus MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall January 19, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:40p.m. * James Skrobarczyk Johnny R. Martinez *Arrived at 5:35 p.m. * Evan J. Kelly John C. Tamez Govind Nadkarni *Absent* Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services *Arrived at 5:36 p.m. * Faryce Goode Macon, Assistant Director, Development Services *Absent* Miguel S. Saldana, AICP, Senior City Planner Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at 6:00 p.m* Ashley Satterfield, Recording Secretary John Bell, Legal Consultant *Arrived at 5:50 p.m.* Elena Juarez Buentello, Planning Technician *Arrived at 6:06 p.m* Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle X. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared. B. ZONING 2. New Zoning a. Case No. 0111 -04 CGP Acquisition & Development, LLC: A change of zoning from the "R -1B" One - family Dwelling District to the `B -1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street. Chairman Garza abstained. Commissioner Skrobarczyk commented on the "B -1" Neighborhood Business District as being a good buffer for the residential neighborhoods against the industrial districts located across Holly Road. Vice - Chairman Huerta was opposed to allowing access on Santa Olivia. Commissioner Skrobarczyk inquired about the depth of the property and Mr. Dimas responded the property was two hundred and eighty -four (284) feet deep. The public hearing was opened. Mark Bush, applicant, came forward and stated the site plan could be revised to please the Planning Commission. Commissioner Taylor inquired about the type of truck used to —115— Planning Commission Minutes January 19, 2011 Page 2 deliver inventory and Mr. Bush responded that eighteen wheelers were used to transport merchandise. Commissioner Skrobarczyk inquired about repositioning the detention pond area and Mr. Saldafta responded that no driveway would be allowed on Santa Olivia with the current ordinance. Mr. Saida na continued that staff would work with the applicant on revising the site plan to reposition access and the detention pond area. Vice - Chairman Huerta commented on the applicant purchasing more property. Commissioner Taylor commented on the turning radius of the eighteen wheelers. Steven Martinez, 3005 Santa Lucia Street, came forward and stated he was opposed to traffic on Santa Olivia. The public hearing was closed. Motion to approve the `B -1" Neighborhood Business District was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Chairman Garza abstaining and Commissioner Nadkarni absent. H:VPLN- DIR\SHARED \1. PLANNING COMMISSION12011 CC\FEB 201114111 -04 COP ACQUISITION & DEVELOPMENT, LLC10111 -04 MINUTES EXC.DOC —1 1 6— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CGP ACQUISITION & DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.305 ACRES OUT OF BOHEMIAN COLONY LANDS, SECTION 3, LOT 4, LOCATED NORTH OF HOLLY ROAD AND WEST OF SANTA OLIVIA STREET, FROM THE "R -1 B" ONE - FAMILY DWELLING DISTRICT TO THE "B -1" NEIGHBORHOOD BUSINESS DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A COMMERCIAL USE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Corpus Christi Community Improvement Corporation, 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 19, 2011, during a meeting of the Planning Commission, and on Tuesday, February 22, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.305 acres out of Bohemian Colony Lands, Section 3, Lot 4, located north of Holly Road and west of Santa Olivia Street, from the "R -1 B" One- Family Dwelling District to the "B-1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. (Zoning Map 047,037) (Exhibit A - "Planning Commission's Recommendation ") 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. H:ILEG-DIR1Shared \LEGAL- DEV.SVCS12011 Agenda\2- 22- 111COP Aquisiiion & Developrnent12 -7 -11 0111 -04 DRAFT Ordinance.Deb-FINAL.doc -117- Page 2 of 3 SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This Q day of eborah Walther Brow Assistant City Attorney For City Attorney R/c4 ,2011 H:ILEG- DIR1Shared \LEGAL- DEV.SVCSt2011 Agendat2- 22- 111CGP Aquisition & Development12 -7 -11 0111 -04 DRAFT Ordinance.Deb-FINALdoc —118— Page3of3 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris. N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong I-I:\ LEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agendal2- 22- 111CGP Aquisition & Development12 -7 -11 0111 -04 DRAFT Ordinance.Deb -FI NAL.doc —119— , - - 1 N ER 9 1 204r RAVIj9N 6 V ST 11 MOSA 4 3 10 SUBJECT PROPERTY MOORH ' USE 1 ND 1 22 v0 q RR Departure w ,Myer y pa -nrS8 4a CASE: 0111 -04 EXHIBIT A PLANNING COMMISSION'S RECOMMENDATION FROM: R -1 B TO: B -1 ORDINANCE NO. 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 22, 2011 AGENDA ITEM: Resolution declaring the City of Corpus Christi's support of the development of the Palms at Leopard Street as its first priority in the Region 10 — Urban area designated by the State of Texas that includes the City. ISSUE: The Palms at Leopard Street, Ltd., a partnership between NRP Group LLC (NRP) and the Housing and Community Services (HCS), is proposing to develop, construct and manage a 120 unit family development to be located on a tract of land on Palm Avenue between Lipan and Leopard Streets REQUIRED COUNCIL ACTION: Authorize the support of the Palms at Leopard Street development as it first priority in the Region 10 — urban area designated by the State of Texas that includes the City. RECOMMENDATION: Staff recommends support of the development of the Palms at Leopard Street 120 unit family development to be located on a tract of land on Palm Avenue between Lipan and Leopard Streets as its first priority in the Region 10 — urban area designated by the State of Texas that includes the City. ADDITIONAL SUPPORT MATERIAL Background Information City Resolution ddie Ortega, Director Neighborhood Services Department Eddieo(cctexas.com 361.826.3234 BACKGROUND INFORMATION The Palms at Leopard Street, Ltd., a partnership between the NRP Group LLC (NRP) and the Housing and Community Services (HCS), is proposing to develop, construct and manage a 120 unit family development to be located on a tract of land on Palm Avenue between Lipan and Leopard Streets. This approximately $16 million investment will include a fully furnished clubhouse with a computer business /learning center, health club and swimming pool. The 1, 2, 3 and 4 bedroom luxury units will be equipped with central NC, washer /dryer hookups, and a full set of energy efficient kitchen appliances. In addition to being a gated community the community will be monitored by certified peace officers that will live on the property. Resident services will be offered free and will include an after school HOMEWORK FIRST program, a health and wellness activities, social gatherings and referrals to collaborative agencies throughout Corpus Christi. Housing and Community Services is a local non - profit whose mission is to provide quality affordable housing for the working families of Texas. They currently own several properties in the City including Northside Manor. The Palms at Leopard Street will replace the 120 units of deteriorated housing at Northside Manor and provide these families with a higher standard of living while at the same time serve to invigorate a primary major urban corridor. The NRP Group has built over 4000 apartment units throughout the State of Texas including Costa Tarragona 1 which has a waiting list because it has been at 100% occupancy since its opening 4 years ago. A subsequent phase II is currently under construction. NRP has been recognized for building and managing quality developments that enhance neighborhood because each development creates immediate construction jobs and spurs further economic development. Financing will be through the State's 9% tax credit program with awards made in July. Once awarded the first building and community center will be completed within 8 months after closing with total construction completed within 18 months -125- Corpus Christi 2011 TDHCA Region 10 Applications I437.4 ,n;,.:. „44 4 .... _-- 1711 763 565 The Palms at Leopard ParmAve between Leopard Street And Upan Street 181 Leldngton Landing 1.455 Southgate Drive 11+" . 266 "V Lizodnglpn Manor Apts 3126 B Ray Elisan P 111 .411-1 3515 '1. Priee en Park tip 357 Fps z86 T E X A S Arrdendale, Dolphin's Landing 6402 Weber Street . ,d �. p u, . 6 r i s; : - 8 a: Trails at Nodding: Pines. 600914211y Road Palms Gardens NEC of Sandra Lane •mar E AIL n.. Ledngton Village jpay NW Corner of Downing Street $4,0, 358 Flour Bluff' - 22, SAW PATl'?IGIG COroueGhnOti: Nasal M Statical Wa ldron's°Crossing 1538 Waldron Road Padre isima41': .KLCBCRG Madre t&'yr ? l h111�411fl�.1 [.hall 361 Port Aransas,,:.:. 4s. 30'Nelnll 1v11.0t10 Guff f Meg o 0 ml 2 4 6 8 10 12 14 RESOLUTION DECLARING THE CITY OF CORPUS CHRISTI'S SUPPORT OF THE DEVELOPMENT OF THE PALMS AT LEOPARD STREET WHEREAS, The Palms at Leopard Street, Ltd. Has proposed a development for affordable rental housing on a tract of land on Palm Avenue between Lipan Street and Leopard Street named The Palms at Leopard Street in the City of Corpus Christi, Texas; and, WHEREAS, The Palms at Leopard Street, Ltd. Intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2011 Housing Tax Credits funds; and, WHEREAS, The Palms at Leopard Street is intended to serve as a replacement site for the units at the existing Northside Manor Apartments which is in dire need of demolition and relocation of families due to substandard living conditions and deterioration of the neighborhood; and, WHEREAS, the development of The Palms at Leopard Street will bring much needed reinvestment to a major Urban Core area of the City marked by a medium and high density residential and commercial uses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi supports the development of The Palms at Leopard Street as its first priority application in the Region 10 -Urban area designated by the State of Texas that includes the City. DULY adopted at a regular meeting of the City Council of the City on the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa Joe Adame, Mayor City Secretary APPROVED AS TO LEGAL FORM: By: F" ,4- /7, 2011 Carlos Valdez, City Attorney Corpus Christi, Texas day of , 2011 The above Resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong —131— 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2011 AGENDA ITEM: First reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. REQUIRED COUNCIL ACTION: First reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide. PREVIOUS COUNCIL ACTION: Public hearing and Recommendation to approve the FY 2011 Capital Budget and Capital Improvement Planning Guide made by the Planning Commission on November 17, 2010. Public Hearing of FY 2011 Capital Budget and Capital Improvement Planning Guide on December 7, 2010. Presentation of Utility Rate Impact of FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 was made to Council February 8, 2011. Presentation of FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 was made to Council February 15, 2011. Council delayed vote until February 22, 2011 as to give public time to review newly printed document and comment. Public input may also be received at the first reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 on February 22, 2011 and the second reading ordinance on March 8, 2011. CONCLUSION AND RECOMMENDATION: First reading Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. Johnny P -, ales, P.E. —1 3 5 —ACM Development and Engineering Services 1 ohnnypAcctexas.com ORDINANCE APPROVING THE FY 2011 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $173,982,100. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,1100 is hereby approved. A copy of the FY 2011 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: 6711 °1 By: Lisa AgLlar, Assistant City Attorney for the City Attorney 17 NO ATTACHMENT FOR THIS ITEM 'Flv.17g1.41Tri: " ..,717.•17,":4°. '