HomeMy WebLinkAboutAgenda Packet City Council - 10/14/2003CITY COUNCIL AGENDA
OCTOBER 14, 2003
Corpus Christi
AlI-AmedcaCity
2OO3
1:45 P.M. - Proclamation declaring the month of October as "National Domestic Violence Awareness Month"
Proclamation declaring the month of October as "Month of the Young Adolescent"
Proclamation declaring the month of October as "National Adopt a Shelter Dog Month"
Proclamation declaring October 13 -17, 2003 as "White Cane Week"
Proclamation declaring October 13 - 17, 2003 as "Chamber of Commerce Week"
Proclamation declaring October 14, 2003 as "Avance Day"
Proclamation declaring October 17 -19, 2003 as "43~ Annual Texas Jazz Festival"
Presentation related to the Thanksgiving 2003 Fund Drive
Commendation Honoring Rosario Garcia - RSVP Volunteer/Senior Center Member
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 14, 2003
2:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr& un int&rprete ingl~s-espa~ol en todas las juntas del
Concilio para ayudarte.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Lt. Robert Christian, CHC, USN.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Brent Chesney
Council Members:
Melody Cooper
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attomey R. Jay Reining __
City Secretary Armando Chapa __
Agenda
Regular Council Meeting
O~ober14,2003
Page 2
E. MINUTES:
Approval of Joint and Regular Meetings of September 30, 2003.
(Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS. (Attachment # 2)
Corpus Christi Convention and Visitors Bureau Board
Ethics Commission
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 apprepriate, 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)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October 14, 2003
Page 3
Motion approving the purchase of laboratory equipment from Leeds
Instruments, Inc., of Irving, Texas in accordance with the State of
Texas Cooperative Purchasing Program in the amount of
$26,960.60. This equipment will be used by the Health
Department. Funds are available from the Health Department
Grants Fund No. 1066. (Attachment # 3)
Resolution authorizing the City Manager or his designee to submit
a Hazardous Materials Emergency Preparedness Planning Grant
application to the Texas Department of Public Safety, Division of
Emergency Management in the amount of $22,400 for public
awareness brochures; production and broadcast of infomeroials; an
emergency response drill; and to update the hazardous materials
information in the Tier II database, with a city match of $5,600 in
the No. 6060 Local Emergency Planning Committee Fund for a
total project costs of $28,000. (Attachment # 4)
Motion authorizing the City Manager or his designee to execute
Change Order No. 2 with Jalco, Inc. , of Houston, Texas in the
amount of $53,300 for the North Navigation Boulevard Pumping
Plant Contract Three - 36" Diameter Water Transmission Main
(North Navigation Boulevard Pumping Plant to Caldwell Street
Pumping Plant). (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
Amendment No. 16 to the architectural/engineering services
contract with M. Arthur Gensler, Jr. and Associates, Inc., of Corpus
Christi, Texas in the amount of $150,350 for additional construction
phase services for the Corpus Christi International Airport Terminal
Project. (Attachment # 6)
Ordinance appropriating $500,000 into the Street Capital
Improvement Program Fund No. 3530 from the Regional
Transportation Authority for the Regional Transportation Authority
2003 Special Projects Program, amending FY 2002-2003 Capital
Budget adopted by Ordinance No. 025144 to increase Fund No.
3530 appropriations by $500,000. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
O~ober14,2003
Page 4
9.5.
10.
11.
Motion authorizing the City Manager or his designee to execute
Change Order No. 3 with King Isles, Inc., of Corpus Chdsti, Texas
in the amount of $667,105.25 for the Street Resurfacing Project on
Ayers Street (South Padre Island Ddve to Port Avenue); and
Gollihar Road (Crosstown to Kostoryz Road). (BOND ISSUE 2000)
(Attachment # 8)
Ordinance authorizing the City Manager or his designee to execute
a lease agreement with the United States Postal Service for the
operation of United States Postal Services at the Corpus Chdsti
International Airport for an annual rental payment of $13,840 for a
period not to exceed twelve months. (Attachment # 9)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a lease with the United States Postal Service
to lease space containing approximately 463 square feet located in
the cargo facility for the operation of United States Postal Services
in consideration of an annual rental payment of $13,840 for a term
of up to fifty-four months. (Attachment # 9)
Ordinance appropriating $491,776.58 in the Airport 2000A Capital
Improvement Program Fund No. 3024 from FY 2001-2002 and FY
2002-2003 interest income; transferring $491,776.58 into the
Airport 2000A Debt Service Fund No. 4640 for debt service
payments on airport improvements; and amending the FY 2002-
2003 Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $491,776.58. (Attachment # 10)
Ordinance appropriating $464,312.49 in the Airport 2000B Capital
Improvement Program Fund No. 3025 from FY 2001-2002 and FY
2002-2003 interest income; transferring $464,312.49 into the
Airport 2000B Debt Service Fund No. 4641 for debt service
payments on airport improvements; and amending the FY 2002-
2003 Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $464,312.49. (Attachment # 11)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October14,2003
Page 5
12.
13.
14.
15.a.
15.b.
16.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Ordinance appropriating $508,848 in the Passenger Facility Charge
Fund No. 4621 from fund balance; transferring $489,201 into the
Airport 2000A Debt Service Fund No. 4640 and $19,647 into the
Airport 2000B Debt Service Fund No. 4641 for debt service
payments on airport improvements; and amending the FY 2002-
2003 Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $508,848. (Attachment # 12)
Ordinance appropriating $5,589 in the Airport Grants Fund No.
1055 for law enforcement training. (Attachment # 13)
Ordinance appropriating $48,000 in the Airport Capital Reserve
Fund No. 4611 from fund balance for vehicles for the airport; and
amending the FY 2002-2003 Capital Budget adopted by Ordinance
No. 025144 to increase appropriations by $48,000.
(Attachment # 14)
Motion authorizing the City Manager or his designee to accept a
grant in the amount of $26,597 from the State of Texas, Criminal
Justice Division for fourth year funding for the Computer Forensics
Specialist Grant and to execute all related documents.
(Attachment # 15)
Ordinance appropriating $26,597 from the State of Texas, Criminal
Justice Division in the No. 1061 Police Grants Fund for fourth year
funding for the Computer Forensics Specialist Grant; and
appropriating $5,816 from the No. 1061 Law Enforcement Trust
Fund as grant matching funds; and transferring $28,225 from the
No. 1020 General Fund and appropriating it in the No. 1061 Police
Grant Fund as matching grant funds. (Attachment # 15)
Ordinance authorizing the City Manager or his designee to execute
a Use Privilege Agreement with Valero Refining-Texas, L.P. for the
right to install, operate, maintain and remove two (2) - 4" steel pipe
casings containing fiber optic conduits, under nine (9) city public
street rights-of-way (ROW) as follows: (Attachment # 16)
Agenda
Regular Council Meeting
October14,2003
Page 6
17.a
17ob.
18.a.
Dunn Meaney Road, 135' south of Up River Road right-of-way;
Lantana Road, 114' south of Up River Road right-of-way; McBride
Lane, 450' south of Up River Road right-of-way; Up River Road, 40'
east of McBdde Lane right-of-way; McBride Lane, 135' south of Up
River Road right-of-way; Up River Road right-of-way (STA.
105+91); Dunn Lane, 483' south of Up River Road right-of-way;
Navigation Boulevard, 354' south of Up River Road right-of-way; Up
River Road, 488' southwest of Savage Lane right- of-way; and one
6" steel pipe casing with two fiber optic conduits within the casing,
along the Up River Road right-of-way (STA. 67+56.1 to STA.
90+74); establishing a fee of $11,747.70; and requiring Valero
Refining-Texas, L.P. to comply with the specified conditions.
PUBLIC HEARINGS:
ZONING TEXT AMENDMENTS:
Public hearing to consider a text amendment to the Zoning
Ordinance related to the "1-2" Light Industrial Distdct by adding
Subsection 20-3 Objectionable Use; authorizing storage of
explosives used for perforating or fracturing (fracing) oil and gas
well casing only upon approval of the Zoning Board of Adjustment
and issuance of Federal Explosives Permit and City Fire Marshal
Permit. (Attachment # 17)
First Reading Ordinance - Amending the Zoning Ordinance by
revising Article 20, "1-2" Light Industrial District regulations by
adding Subsection 20-3 Objectionable Use; authorizing storage of
explosives used for perforating or fracturing (fracing) oil and gas
well casing only upon approval of the Zoning Board of Adjustment
and issuance of Federal Explosives Permit and City Fire Marshal
Permit. (Attachment # 17)
TEXAS ENTERPRISE ZONE PROGRAM:
Public hearing to receive input concerning the adoption of an
ordinance to participate in the Texas Enterprise Zone Program as
amended bythe 78t~ Texas Legislative Session and to consider and
nominate CITGO Refining and Chemicals Company, L.P. to the
Office of the Governor Economic Development and Tourism as a
Texas Enterprise Zone Project. (Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October14,2003
Page 7
18.b.
19.
20.
Ordinance authorizing the City of Corpus Christi to participate in the
Texas Enterprise Zone Program under the Texas Enterprise Zone
Act, Chapter 2303, Texas Govemment Code (Act); providing tax
incentives; requesting that Corpus Christi 2000 Enterprise Zone
remain in effect; nominating CITGO Refining and Chemicals
Company, L.P. to the Office of the Governor Economic
Development and Tourism (EDT) through the Economic
Development Bank (Bank) for designation as a Qualified Business
and Triple Jumbo Enterprise Project (Project) under the Act; and
designating a liaison for overseeing Enterprise Projects and
communicating with interested parties. (Attachment # 18)
ZONING CASES:
Case No. 0603-08, Robert and Dahlia Schulte: A Specific Use
Permit for a Bed and Breakfast Home with Special Events on
Markamay Estates, Lot 2, located on the west side of Ocean Drive
approximately 200 feet south of Hewit Drive. (Tabled on 08/19/03)
(Attachment # 19)
Planning Commission's Recommendation: Approval of a Specific
Use Permit for a Bed and Breakfast Home with Special Events
subject to a site plan and twelve (12) conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by Robed and
Dahlia Schulte by changing the zoning map in reference to Lot 2,
Markamay Estates (currently zoned "R-lA" One-Family Dwelling
District) by granting a Specific Use Permit for a Bed and Breakfast
Home with Special Events subject to a site plan and twelve (12)
conditions; amending the comprehensive plan to account for any
deviations from the existing comprehensive plan.
Case No. 0403-03, Las Villas De Code Real: A change of zoning
from a "1-2'~ Light Industrial District to a "R-2" Multiple Dwelling
District on Mid-Town Industrial District, Block 1, Lots 62, 63 and 64,
located south of Bear Lane between Cliff Maus Drive and South
Navigation Boulevard. (Tabled on 06/10/03) (Attachment # 20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October14,2003
Page 8
Planning Commission's Recommendation: Approval of the "R-2"
Multiple Dwelling District.
Staff's Recommendation: Denial of the "R-2" Multiple Dwelling
District.
ORDINANCE
Amending the Zoning Ordinance upon application by Las Villas de
Corte Real by changing the zoning map in reference to Mid-Town
Industrial District, Block 1, Lots 62, 63 and 64, from "1-2" Light
Industrial District to "R-2" Multiple Dwelling District; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
21. Neighborhood Initiative Program FY 2003-2004 (Attachment # 21)
K=
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
22.a.
Motion authorizing the City Manager or his designee to execute a
contract in the amount of $60,000 with Michael Manjarris for the
complete development and installation of six works of art; including
the design and fabrication of the art piece "Atzlan".
(Attachment # 22)
22.b.
Motion authorizing the City Manager or his designee to execute a
contract in the amount of $225,000 with James Suds for the design
and fabrication of the art piece "Six and Seven Flowers".
(Attachment # 22)
22.c.
Motion authorizing the City Manager or his designee to execute a
contract in the amount of $50,000 with Mel Chin for the design,
fabrication and installation of the art piece "Untitled History".
(Attachment # 22)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
October14,2003
Page 9
22.d.
22.e.
23.
24.a.
24.b.
Motion authorizing the City Manager or his designee to execute
contract in the amount of $90,000 with Luis Jimenez for the desigr
and fabrication of the art piece "Southwest Pieta".
(Attachment # 22)
Motion authorizing the City Manager or his designee to execute
contract in the amount of $25,000 with Charmaine Locke for the
design, fabrication and installation of the art piece "Open Book".
(Attachment # 22)
Motion authorizing the City Manager or his designee to execute
First Amendment to the Pre-Opening Services and Managemen~
Agreement for the Corpus Chdsti Multi-Purpose Arena between the
City of Corpus Chdsti and SMG, Inc., of Philadelphia, Pennsylvani~
to include the addition of management services for the Bayfron'
Plaza Convention Center beginning January 1, 2004.
(Attachment # 23)
Motion authorizing the City Manager or his designee to execute ar
amhitectural services contract with HKS, Inc., of Dallas, Texas in ar
amount not to exceed $1,240,000 for the Professional Mino~
League Baseball Stadium. (Attachment # 24)
Motion authorizing the City Manager or his designee to execute
Project Management Services Contract with Anderson Grou[
Construction Management, Inc., of Corpus Christi, Texas in ar
amount notto exceed $475,175 for the Professional Minor Leagu(
Baseball Stadium. (Attachment Cf 24)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NO'I
SCHEDULED ON THE AGENDA WILL BE HEARD
APPROXIMATELY 5:30 P.M. ORATTHE END OF THE COUNCIl.
MEETING, WHICHEVER IS EARLIER. PLEASE LIMI'I
PRESENTATIONS TO THREE MINUTES. IF YOU PLAN T£
ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEAS~
SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER
GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is mad*
of the meeting; therefore, please speak into the microphone located at the podium
and state your name and address. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.)
Si usted se difige a la junta y cree que su ingl&s es limitado, habr~ un int~rprete
ingl~s-espa~ol en la reunion de la junta pare ayudarle.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council MeWing
October14,2003
Page 10
Mo
25.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING.
THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S
FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time dudng the meeting in orderto discuss any
matters listed on the agenda, when authorized by the provisions of the
Open Meeting Act, Chapter551 of the Texas Government Code, and that
the City Council specifically expects to go into executive session on the
following matters. In the event the Council elects to go into executive
session regarding an agenda item, the section or sections of the Open
Meetings Act authodzing the executive session will be publicly announced
by the presiding office.
Executive session under Texas Government Code Sections
551.071,551.072 and 551.087 regarding the South Wharf Project
in the Corpus Christi Marina with possible discussion and action
related thereto in open session.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from
Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
26. CITY MANAGER'S REPORT
* Upcoming Items
27. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
28. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
O~ober14,2003
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 3:00 p.m., October 10, 2003.
Armando Chapa ~' ·
City Secretary /[~
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the Internet
by Monday morning.
Symbols used to highlight action item that implement council
priority issues.
2003 CITY COUNCIL GOALS AND PRIORITIES
Charter Revisions
Legislative Agenda
Increased CVB funding
Trashy Neighborhoods
Master Drainage Plan
Garwood Water
New Funding Sources for Inner City Improvements
Improved Permitting Process
NEW PRIORITY ISSUES
Long-Term Revenue Picture
Bond 2004
Downtown Revitalization
Skate Park
Storm Water Drainage Distdct
ADA Compliance
Park Master Plan
Communication with Other Taxing Entities
Review of Sexually Oriented Businesses Ordinance
Call Center
2001-2002
CITY COUNCIL GOALS
AND
PRIORITY ISSUES
[ ~CONTINU1NG PRIORITY ISSUES
Airport / Seawall / Convention Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bond Issue Improvements
Update status on Senior Centers.
· Provide communication on completion oftbesc projects (e.g. "Report to the Community").
· Continue community involvement on issues such as Leopard Street improvements.
Prlvatizatlon / Re-Engineering
· Clearly define "privatization" and 'Ye-engineering."
· Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be privatized.
· Continue focus on park maintenance.
Finance
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime ,Control and Prevention
· Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
· Continue City participation in Youth Opportunities United and other youth crime initiatives.
Employee Health Care
· Address concerns related to employee compensation and benefits, including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
Economic D~velopment Sales Tax
· Establish election date.
Storm Water Utility
· Reconsider implementation plan for a Storm Water Utility.
Pa~:kerv Chanqel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landf'fll
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including privatization.
Internet
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Communicate brush pickup via e-mail.
CDBG
· Continue active role.
Frost Ba k B lid'
· Lease and complete renovation
Annexation Plan
· Implement current island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redistrieting
* Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial Distric~ Contract
· Review Industrial District contracts and determine date for approval
Council Action Items
· Staff completes action requests in a timely manner.
City / County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketing of CC Museum and Columbus Ships
Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Developmem Summit and Post-Summit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/off ramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvemem Program Item
NEW PRIORITY INITIATIVES AND ISSUES
City staff will develop and present to City Council action/implementation plans for the foIlowing priority
~ Desalination Pilot Project
~ *Code Enforcement in Trashy Neighborhoods
1~ *Employee Classification Study
Ma ster Drainage Plan
~ Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
~ Improve Permitting Process (online / customer service)
I Padre Island Development Plan
~ **Road Projects
~ Southside Traffic Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
1
MINUTES
JOINT MEETING OF THE
CORPUS CHRISTI CITY COUNCIL AND
PORT OF CORPUS CHRISTI AUTHORITY BOARD OF DIRECTORS
September 30, 2003 - 11:50 a.m.
CITY COUNCIL
Mayor Samuel L. Neal .Ir.
Mayor Pro Tern Melody Cooper
Javier Colmenero
Henry Garrett
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
PORT BOARD
Ruben Bonilla, Chairman
Bernard Paulson
William D. Dodge III
Yolanda G. Olivarez
Robert J. Gonzalez, Sr.
Anthony E. Pletcher
Mike Carrell
City Staff Present
City Manager George K. Noe
Acting City Attorney Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
ABSENT
Brent Chesney
The meeting was called to order in the Nueces Room of the Congressman Solomon P. Ortiz
International Center. City Secretary Chapa checked the roll and verified that quorums of both the
Council and the Port Board were present to conduct the meeting.
Chairman Bonilla welcomed the Council. He introduced Mr. Greg Brubeck, Deputy Director
of Engineering Services, who provided an update on the Port's facilities and major projects. He said
that the public and private facilities spanned the following six divisions: Inner Harbor, Rincon Point,
La Quinta, Ingleside, Jewell Fulton and Harbor Island. Mr. Brubeck noted that the jetty channel in
Port Aransas provided access to the Port. He said that the Harbor Island Properties, owned by the
Port, were the former site of the Exxon and Fina terminals. He stated that the property was being
cleared of tankage. Mr. John LaRue, Executive Director of the Port, spoke regarding a potential
future development with Zachary.
Mr. Brubeck spoke regarding the next dock, the Gaming Ship terminal. He said that this
facility was owned by the Port. Mr. Brubeck noted that the McDermott Fabrication Yard was
located across from the gaming ship terminal. He said that it was in the process of being shut down
and was presently for lease. From the La Quinta Channel, Mr. Brubeck stated that the Gulf Marine
Fabricatom and the Flint Hills Ingleside facility were located in the Ingleside division. To the west
of Naval Station Ingleside, Mr. Brubeck said that the Port owned approximately 433 acres of
undeveloped land for industrial or navy expansion.
Regarding the Jewell Fulton Canal, Mr. Brubeck said that this was a private facility that was
Minutes - Joint Meeting
September 30, 2003 - Page 2
being used by naval minesweepers as well as ship repair activities and a small marina.
Regarding the La Quinta division, Mr. Brubeck mentioned the Kiewit Offshore Services
facility, a private facility being used for offshore equipment fabrication. He also provided
information on the following facilities located in this division: OxyChem, Dupont, Sherwin
Alumina, and the Port's proposed La Quinta Trade Gateway Container Terminal. Mr. Mike Carrell
noted that a benefit of the La Quinta terminal would be that it would help alleviate the drainage
problem in the area for the City of Gregory. Mr. Brubeck mentioned other sites in the area such as
the Rincon Point Industrial Park and the Harbor Bridge.
Regarding the Inner Harbor division, Mr. Brubeck discussed the following areas: Ortiz
Center (Port facility); Public Compress; Southside Cargo Terminal; Northside Terminal; Cold
Storage facility; Oil Docks 1 and 2; Cargo Dock 12; North Bank Barge Mooring; Texas-Lehigh
Cement; Oil Dock 12 and Citgo Dock 8; Flint Hills Docks 1, 2 and 3; Citgo Docks 1 and 2; CC
Public Elevator; Citgo Dock 7; Avery Point Public Oil Docks 3 and 4; Avery Point Public Oil Docks
7 and 11; Tule Lake Lift Bridge; PCCA Bulk Terminal; Bulk Dock 3 Site; Bulk Dock 1; Bulk Dock
2; Heldenfels Prestress; Public Oil Dock 6 and Fordyce Mooring; Interstate Grain Dock; Valero
Docks 1, 2, 3; Bay Barge Dock; Citgo Docks 3 and 6; Texas Dock and Rail; Equistar Dock; Public
Oil Docks 8, 9, 10; and Port Area Rail System.
Mr. Brubeck mentioned the following major projects: Joe Fulton International Trade
Corridor; Channel Improvement Project; Refrigerated Warehouse Improvements; Water Taxi;
Baseball Stadium; Harbor Bridge replacement; Military layberth; and the LaQuinta Trade Gateway
Terminal. Regarding the Fulton Trade Corridor, Mr. Brubeck said that the project was a national
high priority corridor and part of the MPO Regional Plan. He added that the corridor was on the
National Highway System (NITS). He said that improvements will serve current and future
industrial and waterborne transportation facilities along the length of the nine-mile Inner Harbor.
Council Member Scott asked if the land between the Port and Northshore Country Club was owned
by the Port. Mr. LaRue answered that a portion of the property was owned by Berryman.
Regarding security enhancements, Mr. Brubeck said that the third round of federal grant
applications were scheduled for review on September 30. Council Member Colmenero asked if any
of the equipment released from Iraq was anticipated to be returned to the Port. Mr. Bruheck replied
that some of the equipment would probably be returned, but they did not know for certain.
Mayor Neal recognized Mr. Dan Viola, Director of Athletics for Texas A&M University -
Corpus Christi (TAMU-CC), who spoke in support of the new baseball stadium, saying that it was
a testament to regional cooperation. Mr. Hector Salinas, TAMU-CC Baseball Head Coach, also
spoke in support of the new baseball stadium, and thanked the Council and the Port for their efforts
in furthering the project.
Mayor Neal called for public comment. Mr. Abel Alonzo spoke regarding the positive
economic impact that the baseball stadium would have on the community, and thanked the Council
and the Port for their efforts.
-2-
Minutes - Joint Meeting
September 30, 2003 - Page 3
Chairman Bonilla stated that the Port Board had ratified the term outline for the land
availability for the baseball stadium site. He thanked the Council for the opportunity to have a joint
meeting, as did Commissioners Carrell, Olivarez and Dodge.
There being no other business, Mayor Neal adjourned the joint meeting at 12:55 p.m. on
September 30, 2003.
-3-
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 30, 2003 - 1:18 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly (arrived at 1:30 p.m.)
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff.'
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
ABSENT
Brent Chesney
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by the Reverend Edward Garcia of Oak Park United Methodist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council and
the required charter officers were present to conduct the meeting. Mayor Neal called for
approval of the minutes of the regular Council meeting of September 23, 2003. A motion was
made and passed to approve the minutes as presented.
Mayor Neal referred to Item 2 and the following board appointments were made:
Nueces County Tax Appraisal District
Paul Grivich (Reappointed)
Fred Greenberg (Appointed)
Mayor Neal called for consideration of the consent agenda (Items 3-16). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the vote and
discussion on Items 14 and 15. He also announced that Item 11 needed to be amended. Council
members requested that Items 6 and 10 be discussed. There were no comments from the
audience. A motion was made and passed to approve Items 3 through 16, constituting the
consent agenda, except for Items 6, 10 and 11, which were pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
-4-
Minutes - Regular Council Meeting
September 30, 2003 - Page 2
MOTION NO. 2003-349
Motion approving the purchase of a laboratory analyzer from DuPont Qualicon, of
Wilmington, Delaware based on sole source in the amount of $35,000. This equipment
will be used by the Health Department. Funds are available from the Health Department
Grants Fund.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
MOTION NO. 2003-350
Motion authorizing the City Manager or his designee to execute Change Order No. 3
with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $1,516.75 for
the Health Department Laboratory Bio-Terrorism Preparation Project for a total
construction cost of $26,250.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
MOTION NO. 2003-351
Motion authorizing the City Manager or his designee to execute a construction contract
with South Texas Utilities of The Woodlands, Texas in the amount of $655,200 for the
sanitary sewer installation in developed areas - Bass Subdivision Improvements.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
MOTION NO. 2003-355
Motion authorizing the City Manager or his designee to execute subrecipient agreements
for funds provided from the FY 2003 Community Development Block Grant (CDBG)
Program and the Emergency Shelter Grant (ESG) Program as follows:
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM:
Accessible Communities, Inc. - $120,795 for the construction of a new building,
The Resource Center for Independent Living, located at 1537 Seventh Street.
Boys and Girls Club of Corpus Christi - $99,205 for air conditioning
improvements to their facility located at 3902 Greenwood Drive.
-5-
Minutes - Regular Council Meeting
September 30, 2003 - Page 3
Corpus Christi Hope House - $58,000 for renovations and expansion to improve
the living conditions for the residents of the homeless shelter located at 658
Robinson Street.
Habitat for Humanity of Corpus Christi - $80,328 for roofing and electrical
improvements to their facilities located at 304 North Staples and 306 North
Staples.
Nueces County Community Action Agency - $80,000 for their weatherization
program for minor repairs to homes in low income target areas.
Women's Shelter of South Texas - $72,405 for rehabilitation improvements to
their emergency shelter and support services facility.
TGll0, Inc. doing business as Lexington Manor Apartments - $35,000 to
purchase and install industrial playground equipment for the youth at the
apartment complex located at 3102 B Ray Ellison.
EMERGENCY SHELTER GRANT PROGRAM - HOMELESS
ACTIVITIES:
h. Catholic Charities of Corpus Christi, Inc. - $I0,000
i. Corpus Christi Hope House, Inc. - $15,000
j. Corpus Christi Metro Ministries, Inc. - $50,000
k. Gulf Coast Council of La Raza - $20,000
1. Mary McLeod Bethune Day Nursery, Inc. - $10,000
m. The ARK Assessment Center and Emergency Shelter for Youth - $12,750
n. The Salvation Army - $20,000
o. Timon's Ministries - $2,250
p. Women's Shelter - $30,000
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and Chesney were
absent.
-6-
Minutes - Regular Council Meeting
September 30, 2003 - Page 4
8. RESOLUTION NO. 025504
Resolution authorizing the City Manager or his designee to execute an electric supply
agreement pursuant to the contract to be signed by South Texas Aggregation Project, Inc.
(STAP) for deliveries of electricity effective January 1, 2004; authorizing eligible
designees to include the Chairman of South Texas Aggregation Project, Inc.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
9. RESOLUTION NO. 025505
Resolution authorizing the City Manager or his designee to submit a Coastal
Management Program Cycle 9 grant application to the Coastal Coordination Council in
the amount of $60,000 for the completion of Phase II of the Corpus Christi Beach
Boardwalk Project with a City match of $40,000 fi-om the Friends of Corpus Christi
Beach for a total project cost of $100,000.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
12. ORDINANCE NO. 025508
Ordinance abandoning and vacating all the easement rights granted originally to Houston
Natural Gas Corporation and assigned to the City of Corpus Christi, as successor in
interest, to a 256,578-square foot portion of a blanket easement within Lot 1, Oso Farm
Tracts; recorded in Volume A, Page 49, Map Records of Nueces County, Texas; subject
to compliance with the specified conditions and the owner, Thanksgiving Homes,
replatting the property within 180 days at owner's expense.
An emergency was declared, and the foregoing ordinance was passed and approved by
the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott,
voting "Aye"; Kelly and Chesney were absent.
13. ORDINANCE NO. 025509
Ordinance abandoning and vacating a 263-square foot portion of a 5-foot wide utility
easement in Lot 13, Block 1, Windsong Unit 5 Subdivision; requiring the owner, Glen F.
Wells, to comply with the specified conditions and replat the property within 180 days at
owner's expense.
An emergency was declared, and the foregoing ordinance was passed and approved by
the following vote: Neal, Colmenero, Cooper, Garrett, Kiunison, Noyola and Scott,
voting "Aye"; Kelly and Chesney were absent.
-7-
Minutes - Regular Council Meeting
September 30, 2003 - Page 5
14. RESOLUTION NO. 025510
Resolution authorizing the City Manager or his designee to execute a reimbursement
agreement between the Transportation Security Administration (TSA) and Corpus Christi
International Airport to provide law enforcement personnel at the security checkpoints at
the Corpus Christi International Airport in consideration of reimbursement; effective
through September 30, 2003 with options to extend annually for up to five years.
The foregoing resolution was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Noyola abstained; Kelly
and Chesney were absent.
15. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease agreement with the
United States through its General Services Administration for the Transportation Security
Administration for use of space at the Corpus Christi International Airport in
consideration of payment of rent at an annual rate of $66.71 per square foot for a term of
fifty-four months with the option to extend for an additional fi/by-four months.
The foregoing ordinance was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Noyola abstained; Kelly
and Chesney were absent.
16. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with Landry's
Seafood and Steakhouse-Corpus Christi, Inc., to operate a restaurant on the Peoples
Street T-Head in consideration of payment of the greater of $6,000 per month or 2.75%
of monthly gross sales, whichever is greater.
The foregoing ordinance was passed and approved by the following vote: Neal,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly and
Chesney were absent.
(Council Member Kelly arrived at l : 30 p. m.)
Mayor Neal opened discussion on Item 6 regarding the Rincon Bayou Diversion Project.
Council Member Scott asked when the TCEQ would grant the city a reduction in pass-through as
a result of the required monitoring. Assistant City Manager Ron Massey replied the city had
reached the end of a five-year requirement to accumulate data to establish that the project
provided a benefit to the environment. He said that a portion of the monitoring was now tied to
the Allison Wastewater permit. He cautioned that even after the city had met the requirement,
there was no guarantee that they would receive any credit. Mr. Massey said that staffs strategy
was to include the wastewater diversion as part of the reconnaissance for the Nueces River
Feasibility Study. By integrating the requirements for the Allison diversion into a
comprehensive monitoring program, he said that the city has reduced the total costs of
--8--
Minutes - Regular Council Meeting
September 30, 2003 - Page 6
monitoring in the Nueces Delta area. Mr. Massey said that the initial phases of the feasibility
study will give the city an opportunity to see whether or not there is any chance of getting any
credits. Council Member Scott expressed his concern that the city had spent money on these
studies with the objective of receiving credits, yet staff was now saying there was a possibility
that they would not receive any credits.
Mr. Scott asked when the city was going to ask the TCEQ for credits. Mr. Massey said
that it would be at least a year before the city would be ready to do this. He stated that it was
always good to have good scientific data on the Rincon Bayou area. Council Member Scott
stated that it would be huge disappointment if the city did not get any credits after making these
expenditures. Mr. Massey replied that the data would still be worthwhile. City Secretary Chapa
polled the Council for their votes as follows:
6.a. MOTION NO. 2003-352
Motion authorizing the City Manager or his designee to execute a contract with the
Center for Coastal Studies, Texas A&M University - Corpus Christi, Texas not to exceed
$103,000 for ammonia and biological monitoring associated with the Rincon Bayou
Diversion Project.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
6.b. MOTION NO. 2003-353
Motion authorizing the City Manager or his designee to execute a contract with the
Division of Nearshore Research, Texas A&M University - Corpus Christi, Texas not to
exceed $104,550 for salinity and freshwater inflow monitoring associated with the
Rincon Bayou Diversion Project.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
6.c. MOTION NO. 2003-354
Motion authorizing the City Manager or his designee to execute a contract with Alan
Plummet Associates, Inc., of Austin, Texas not to exceed $139,710 for assistance with
Allison Effluent Diversion Demonstration Project Studies and Reports; support of Rincon
Bayou Diversion Studies; coordination of studies for the Effluent Diversion
Demonstration Project and the Rincon Bayou Diversion Project; and assistance with the
Nueces River Basin Feasibility Study.
The foregoing motion was passed and approved with the following vote: Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Chesney
were absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 7
Mayor Neal opened discussion on Item 10 regarding the construction of 48 boat slips in
the marina. Council Member Kinnison asked where the new boat slips would be located and
what the time line was to determine when the grant would be awarded. Mr. David Ondrias,
Acting Director of Park and Recreation, said that the area was on the Peoples Street T-head
where the Captain Clark Flagship and other commercial vessels were located. Mr. Kinnison
asked if staff had spoken with the Captain Clark Flagship organization to determine whether they
were willing to move. Mr. Peter Davidson, Marina Superintendent, replied that Mr. Clark had
requested that the flagship be moved to a more prominent location. Originally, he had asked to
be moved opposite the Harbor Ferry. Mr. Davidson said that the boat slips on the south side of
the Peoples Street stem are derelict and in disrepair, so it would be a good location. He said that
Mr. Clark now wanted to remain in the same area, but would just move closer to the stem. Mr.
Davidson said that there was plenty of room and plenty of parking to accommodate the new slips
and Mr. Clark's customers.
Mr. Kinnison asked if the boat slips would address the lack of slips for larger vessels.
Mr. Davidson replied affirmatively, saying that transient vessels in particular were seeking
accommodations. He said that the marina now allowed transient vessels to remain here for up to
six months. In response to Mr. Kinnison's question, City Manager Noe said that there was a
fund balance and a reserve appropriation to provide the required matching funds for the grant.
Mr. Kinnison asked if there were any projections on the amount of revenues and expenditures
the new slips could generate. Mr. Davidson replied that at the current lease rate of $3.70 per
foot, the 48 slips could generate another $300,000 a year, assuming they were all leased.
Regarding the operational costs, Mr. Davidson said that these expenses were minimal, around
five percent. Mr. Kinnison remarked that this type of return made any expansion of the marina
boat slips quite attractive. City Manager Noe agreed, but said that funding for any expansion
was always an issue. He said that this particular project was funded by a grant, but other
expansion projects may not have the benefit of being grant funded.
Mr. Kinnison asked what the time line on the grant was. Mr. Ondrias replied that it
would be approximately nine months before the city would learn if they had received the funds.
Council Member Colmenero asked if the city had received a grant award from this program
before. Mr. Davidson replied that they had received a $200,000 grant two years ago from this
program, the Boating Infrastructure Grant (BIG). He said that this is the third time that the city
has applied for this grant. Mr. Colmenero asked if the marina had a waiting list of boaters to
determine how the 48 potential slips might be used. Mr. Davidson replied affirmatively, saying
that the only slips available in the marina now were for 23-foot boats and smaller (10 available).
He said that there are no slips available for any larger boats at this time. He said that for the past
three weeks, staff has turned away twenty boats seeking leases. He added that all the other
marinas in the area were full. Mr. Davidson s~aid that large boats bring in more revenue, and thus
the city would benefit by attracting the larger boats.
Council Member Scott asked if the city was competing with any other cities in Texas for
the grant. Mr. Davidson replied that the city was fortunate that this year they were the only city
in Texas to apply for the grant. City Secretary Chapa polled the Council for their votes as
follows:
10. RESOLUTION NO. 025506
-10-
Minutes - Regular Council Meeting
September 30, 2003 - Page 8
Resolution authorizing the City Manager or his designee to submit an application to the
Texas Parks and Wildlife Depamnent for a subrecipient grant under the United States
Fish and Wildlife Services's boating infrastructure grant program in the amount of
$450,000 for the construction of 48 boat slips for visiting vessels in the Corpus Christi
Marina, with a City match of $150,000 in the No. 4700 Marina Fund for a total project
cost of $600,000.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney
was absent.
Mayor Neal opened discussion on Item 11 regarding amendments to the City Council
Policies. City Secretary Chapa stated that this item needed to be amended to change the wording
from "Procedure No. G~13.0-AP4" to "Procedure No. G-13". A motion was made, seconded,
and passed to approve the amendment. City Secretary Chapa polled the Council for their votes
as follows:
11. RESOLUTION NO. 025507
Resolution amending the City Council Policies relating to reimbursement procedures for
use of personal vehicles by the Mayor and Council Members and prohibiting the wearing
of hats and caps in the Council Chambers during council meetings.
The foregoing resolution was passed and approved as amended with the following vote:
Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Chesney was absent.
Mayor Neal called for a brief recess to present proclamations.
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
Item 17 regarding the "The Way It Was" Corpus Christi history exhibit video and curriculum
guide. City Manager Noe said that the video was created as part of the Sesquicentennial
Celebration. He said it was created by the Landmark Commission with the cooperation of the
Museum staff. Mr. Rick Stryker, Museum Director, said that the Museum had been working
with many partners in the community to find an effective way to bring the history of Corpus
Christi to the community for quite some time. He asked that the video be shown to the Council.
After the video, Mr. Stryker acknowledged the organizations, individuals and staff who
made the video and curriculum guide possible. He said that the funding for the exhibit was from
the C6astal Bend Community Foundation, the Pritchard Family Foundation and the Friends of
the Museum. He said that the end result of the project was that the Museum had found a way to
make history accessible throughout the community, and delivered the curriculum guide to help
teachers, and provided an excellent video. He added that the Educational Service Center would
extend the accessibility of the project. Finally, Mr. Stryker thanked the Council for their policy
that allowed school children to be admitted to the Museum at no charge. He said that last year,
over 16,000 school children came to the Museu~ ~_d participated in their programs.
Minutes - Regular Council Meeting
September 30, 2003 - Page 9
Mayor Neal thanked Mr. Stryker for his leadership, saying that many visitors had
commented that a city of our size was fortunate to have a Museum of Science and History of
such quality. Council Member Cooper encouraged the public to see the Corpus Christi exhibit
on the second floor of the museum.
The second presentation was Item 18 regarding the "Wheelchairs for Peace" Program by
the Sister City Committee. Ms. Ellen Murry, a member of the Sister City Committee, explained
that the "Wheelchairs for Peace" Program was working with local Rotary Clubs to provide 240
wheelchairs to the handicapped of Veracruz, Mexico, one of Corpus Christi's Sister Cities. She
showed a brief video describing the program and its goals in more detail.
Council Member Colmenero noted that Sister Cities International is a member of the
National Cities International Task Force, of which he is a governor. He said that he was familiar
with the Wheelchairs for Peace Program through this organization. He spoke in support of the
program. Council Member Cooper also spoke in support of the program.
The next presentation was Item 19, regarding the Sixth Month Report for the
Development Services Center, otherwise known as the "One-Stop Development Center".
Assistant City Manager Margie Rose, the Acting Director of Development Services, provided a
brief background on the creation of the One-Stop Center. She noted that the Development
Services department included the Special Services section of the Engineering Department;
Building Inspections section of the Neighborhood Services Department; and the Planning
Department. She said that on March 3, 2003, the Development Services department relocated
from three locations within City Hall to the First Floor of the Frost Bank Building.
Ms. Rose discussed the improvements in each of the areas of operations. Regarding the
Permits area, Ms. Rose introduced Mr. Romeo Bazan, the team leader. She said that the average
waiting time to visit a Permit Clerk has been reduced from 30 minutes to 15 minutes. She also
mentioned that the new Naviline System provided a more efficient process due to links between
Development Services, Water, Wastewater, Gas and Storm Water. She added that the
receptionist now called customers by name, instead of assigning them a number.
With regard to the Geographical Information Systems (GIS) area, Ms. Rose said that Mr.
Mike Newberry was the team leader for this section. She said that one of the advancements in
this area was a centralized webpage containing links to provide immediate access to information
associated with each section of the department. She also said that staff was providing GIS
website training to the development community.
Ms. Rose said that Mr. Alonzo Garza was the team leader for the Plan Review section.
She highlighted two areas of improvement. First, she said that the waiting time for residential
plan review had been reduced from four to seven days to two to four days. Second, she noted
that the commercial plans review waiting time had been reduced from six to eight weeks to four
to five weeks. She said that staff was working on reducing the time even finther.
Regarding the Inspections section, Ms. Rose named the following team leaders: Mr. Joe
Elliott, Plumbing/Mechanical Chief Inspector; Ms. Ruth Blake, Backflow Prevention Inspector;
and Mr. David Lewis, Electrical Inspector. Ms. Rose thanked the Council for adopting the
-12-
Minutes - Regular Council Meeting
September 30, 2003 - Page 10
International Codes on September 9, 2003 because she said that it was beneficial to the city. She
said that an outreach program was crucial to the success of the code adoption. She said that the
business plan component included assisting the development community with the
implementation of technical construction codes.
Ms. Rose introduced Mr. Mark Simon, the team leader for the Special Services division.
She said that this section was constantly being refined and improved. In particular, she noted
that the process to inspect, approve and accept plats for recordation had been streamlined. She
said that the Construction Inspection division of Engineering Services coordinated all approvals
from utility departments and forwarded 75 percent to 100 percent acceptance application to
Special Services. She said that after receipt of the application, the Special Services division
provided a two to three day turnaround. Ms. Rose said that she has been informed that the
construction aspect of the process still needed work. She said that she would be meeting with
Engineering to discuss the matter.
With regard to Ordinance Administration, Ms. Rose said that the team leader was Miguel
Saldana. She mentioned the sign permit process as an area of improvement, saying that the
requests were solely processed by Development Services, instead of requiring the citizen to go to
several departments. Another area of improvement was the ETJ agreement, which has been
streamlined to allow the city to process all plats within the city's ETJ.
Regarding the Comprehensive Planning section, headed by Mr. Robert Payne, Ms. Rose
stated that staff had made a commitment to present the Council with the Mustang Padre Island
Area Development Plan and the South Central Area Development Plan in December 2003. She
also thanked the Council for adopting the Corpus Christi Urban Transportation Plan (CCTUP)
on March 25, 2003. She said that the CCTUP incorporated the most current TxDOT Design
Standards to allow for TxDOT participation in funding of major roadways, potentially reducing
the costs to the city. Ms. Rose stated that a Customer Survey was now on the city's website,
giving individuals the opportunity to submit it by e-mail or regular mail.
Regarding future improvements, Ms. Rose highlighted the introduction at some point of
the Tacoma Model, which would return a certain percentage of a permit to the applicant if the
city did not meet a set timeline. She said that staff was moving toward this goal, but had not
achieved it yet. Another improvement was to acquire the latest technologies and
communications systems.
Ms. Rose concluded her presentation by saying that while there have been many
improvements, staff recognized that there was more work to be done. She said that staff aspired
to have the best development center in the state, if not the country. She stated that staffwould be
providing more updates in the future.
Council Member Scott asked if staff had any reports that detailed where an application
was in the process at any given time. Ms. Rose responded that every Friday, she was given a list
of all the plats and other items in progress for her review. If she sees that there is a problem, she
will meet with the staff member handling it to discuss it. Mr. Scott asked if the volume of work
for staff had increased from previous years. Mr. Art Sosa, Assistant Director of Development
Services, replied that the number of applications for residential permits has increased from 400
to 1,200 within the last five years. Mr. Scott remarked that the number of complaint calls to his
-13-
Minutes - Regular Council Meeting
September 30, 2003 - Page 11
office has decreased dramatically over the last month and half. He felt this reflected that the city
was moving in the right direction. He thanked staff for working with the homebuilders to fund
some of the improvements in the budget.
Mayor Neal deviated from the agenda and opened discussion on Item 23 regarding the
baseball stadium. City Manager Noe recognized Mr. J.J. Gotsch with RSR Sports, Inc., who
would be the General Manager of the new baseball team in Corpus Christi. He said that the item
was comprised of two parts. The first item was related to the authorization to execute a
Memorandum of Understanding (MOU) and the second was a project agreement between the
city and the 4A Corporation to execute the project on their behalf.
City Manager Noe said that the purpose of the MOU was to outline key business terms
for final agreements. He emphasized that not all issues were covered in the MOU. He said that
the timing of the MOU was particularly urgent because the Ryans needed to finalize the
acquisition of the team in time for the groundbreaking in Spring 2004. He said that at this point,
the negotiations had gone very well. He said that all parties believed that all issues could be
resolved in negotiations.
Regarding the stadium site, City Manager Noe stated that there had been a slight
adjustment, moving the stadium facility more towards the east, ending near the extension of
Tancahua Street. He said that the city would acquire the site fi'om the Port in a separate
transaction, and the Port would be obligated to lease adjacent parking to the city. At this point,
Mr. Noe said that the stadium would have 300 parking spaces to accommodate the luxury boxes
and employees. He said that the adjacent 1500 spaces would be for season ticket holders.
Regarding the terms of site acquisition, Mr. Noe stated that the city was required to pay
$90,000 per year for 30 years from the 1/8th cent sales tax revenues. He said that the other
consideration were the utilities, streets and disposal of demolition materials.
Mr. Noe said that the actual lease agreement with RSR Sports, Inc. called for a 15-year
term with two five-year extension options. He said that the rent for the facility was designed to
cover the city's costs and pay for the city's expenses. During years 1-5, the rental payment
would be $50,000; during years 6-10, the payment would increase to $60,000; and finally, during
years 11-15, the payment would increase to $70,000. He said that the rental amounts during the
two extension periods would be negotiated as part of the final lease document. He noted that
there was a requirement that the Ryans pay supplemental rent based on attendance to replenish
the city's Capital Improvements reserve. Mr. Noe stated that the Ryans would be responsible for
day-to-day operation and maintenance of the building. He said that anything beyond day-to-day
repair would come from the Capital Reserve fund, which was prefunded through the project
budget in the amount of $250,000 to cover repairs. When the dollar amount reached under
$175,000, the Ryans would be required to pay supplemental rent to replenish the reserve. He
said that the total project budget was listed as $21.5 million, including a number of utility
improvements as well as the stadium facility.
City Manager Noe said that staff was on an extremely aggressive time schedule. On
October 14, staff was planning to provide the Council with contracts for the architectural and
-14-
Minutes - Regular Council Meeting
September 30, 2003 - Page 12
engineering team and the project manager. In November and December 2003, he said that staff
was planning to select a Construction Manager (CM) at Risk. He said that the lease documents
were scheduled to be completed by December 31, 2003, construction slated to begin in Mamh
2004, and completion of the project scheduled for April 2005. Mr. Noe said that he had been
asked what would happen if the Ryans were not able to acquire a team during the next several
weeks. He said that if that were to occur, then staff would have to adjust the schedule to shoot
for the following season. He remarked that he did not expect this to occur, but that this would be
the alternate plan in any case. Mr. Noe concluded by saying that the 4A Board and the Port
Board had authorized agreements relating to these items.
Council Member Scott asked if parking at the arena could be used as overflow parking
for the stadium. City Manager Noe replied affirmatively, saying that the projects complemented
each other because their peak periods of activity were in different seasons. The bulk of activity
for the arena would be winter activities, while the peak season for the stadium would be in the
summer.
Council Member Kiunison asked how much the annual payment fi.om the 4A Board
would be to cover the total project cost of $21.5 million. City Manager Noe replied that it would
be about $2.1 million.
Council Member Colmenero asked if the tight schedule was realistic. City Manager Noe
replied that the schedule was tight but not unrealistic.
Council Member Noyola asked what would happen if the cost of the arena exceeded
$21.5 million, considering that this amount was what the voters had been told it would be. City
Manager Noe replied that there was no legal restriction on the amount. The only restrictions
were on the site and the purchase of a team, which were provided for in the agreement. Mr.
Noyola expressed his concern that the total project cost not exceed $21.5 million if possible.
City Manager Noe said that staff believed that the project could be completed within that budget
amount.
Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke regarding
the stadium site, saying that it was too close to a high security area, the Port of Corpus Christi.
Mr. Abel Alonzo spoke in support of the stadium project.
City Secretary Chapa polled the Council for their votes as follows
23.a. MOTIONNO. 2003-357
Motion authorizing the City Manager to execute an agreement with RSR Sports, Inc.
relating to the location and operation of a minor league baseball team in the City of
Corpus Christi.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent.
-15-
Minutes - Regular Council Meeting
September 30, 2003 - Page 13
23.b. MOTIONNO. 2003-358
Motion authorizing the City Manager to execute a Memorandum of Agreement with the
Corpus Christi Business and Job Development Corporation relating to the funding of
expenses related to the construction of a baseball stadium.
The foregoing motion was passed and approved by the following vote: Neal, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent.
Mayor Neal deviated from the agenda, and referred to Item 20, a presentation on the
reuse of the Memorial Coliseum. City Manager Noe explained that this item was envisioned to
be the start of a dialogue about the future of the coliseum. He said that the city was in the
process of constructing an arena that would serve as a replacement for the bulk of the events that
currently take place in the coliseum. By the same token, Mr. Noe said that the city had a
sublease with the IceRays in the Coliseum that lasted for another five years. He said that staff
fully expected that the IceRays would want to move into the new arena, but it would require an
adequate transition period. To help the city determine what kind of potential uses the building
would have, the city hired Jack Solka with Bennett, Martin, Solka and Tomo. Mr. Noe reminded
the Council that the city had made a commitment with the disabled community not to use the
facility for a mass gathering site once the IceRays contract had expired until the Coliseum met
ADA standards.
Mr. Solka said that his firm had been asked to submit a progress report on their study to
determine the future use of Memorial Coliseum after the arena had been built and after the
convention center had been expanded. Mr. Solka provided information on the current site of the
coliseum and a brief background on the facility. Mr. Solka said that the study identified the
following emerging results: structurally sound; cost of repairs are less than new construction;
historically significant building; multiple uses for the facility; and reuse of the building is
possible.
Mr. Solka described three possible concepts for reuse of the building - Concept "A",
Concept "B" and Concept "C". He said that Concept "A" consisted of the following: complete
renovation including removal of permanent horse-shoe seating; replacement of restrooms,
offices, storage and concessions; and renovation cost of $4,400,000. Concept "A" uses would
include the following: practice area for hockey teams and recreational ice skating; arts, crafts
and trade shows; tejano or country music dances and concerts; high school graduations; covered
open market; multi purpose complex; civic center complex; city Park and Recreation
headquarters; and maintenance operations center for Park and Recreation.
Concept "B" consisted of the following: complete renovation of facility; replacement of
restrooms; ADA compliance work; and renovation cost of 3,200,000. Possible uses for Concept
"B" included the following: dances sponsored by local civic organizations; practice area for
hockey teams and recreational ice skating; arts, crafts and trade shows; tejano or country music
dances and concerts; high school graduations; and arena football facility. Finally, Concept "C"
uses consisted of the following: offer facility to private developers; sale of property; lease; and
city and developer partnership.
Minutes - Regular Council Meeting
September 30, 2003 - Page 14
In conclusion, Mr. Solka provided the following summary: re-use is possible; Concept
"A" cost - $4,400,000, Concept "B" cost - $3,200,00, with a difference of $1,200,000 which
gives the facility added flexibility; and reuse of site must be consistent with area Development
Plans for Downtown.
Mayor Neal asked if Mr. Solka's recommendation was not to tear the coliseum down.
Mr. Solka replied that his recommendation was not to tear it down if it is consistent with the
overall development plan. City Manager Noe added that operation costs need to be accounted
for in the analysis. He said that the coliseum currently operates at a substantial loss, recouped
fi.om revenues fi'om the hotel motel occupancy tax. Council Member Kinnison agreed, saying
that the city has to determine that there is a need for the building. In his opinion, there was not a
need for the building because the bulk of its business will taken over by the arena and expanded
convention center. He said that he preferred Concept "C", private development of the property.
In response to Mr. Kinnison's question, City Manager Noe said that the land value of the
coliseum site was estimated at $8.5 million. Mr. Kiunison mentioned that the property could
possibly be used to obtain some of the local funding for the trolley project.
Council Member Kelly asked if the study had taken the next step to determine whether
any of the uses in Concept "A" and Concept "B" were viable uses. He asked, for example, if the
IceRays had been contacted to see if they were interested in maintaining the coliseum as a
practice facility. City Manager Noe replied that at this point, the potential uses listed under
Concept "A" and Concept "B" were brainstorming ideas only. Mr. Kelly expressed his concern
that these alternatives were being presented to the Council without checking to see if they were
realistic alternatives. He said that his expectations were to be presented uses that could be
realistically expected for this building. Mr. Solka added that this was intended to be a progress
report, not a final report. He said that the next step would be to get specifics on all the
alternatives, if the Council wanted to proceed. Mr. Kelly asked Mr. Solka how he had arrived at
the numbers for total costs of Concepts "A" and "B". Mr. Solka replied that he had retained the
Anderson Group to complete a conceptual cost estimate for each concept.
Council Member Colmenero advocated converting the site into a trolley terminal.
Council Member Garrett commented that he preferred Concept C, specifically the sale of the
property. Council Member Scott asked how much it would cost to demolish the site. Mr. Solka
responded that demolition would cost approximately $500,000. Mr. Scott reminded the Council
to look at the five-year budget forecast, which would demonstrate that the renovation of the
coliseum was not economically feasible. Mr. Scott spoke in support of using part of the property
as a transfer station for the trolley project. He concluded that he preferred some combination of
Concept "C".
Council Member Noyola spoke in support of Concept C. He added that he was not in
support of using the property as a transfer station for the trolley system because the land was too
valuable. He preferred that the land be used for hotel or retail development.
Council Member Kinnison stated that he felt that there was no further study needed,
because the majority of the Council seemed to prefer Concept "C". He spoke in support of
considering the site for a transfer station. Mayor Neal asked staff to make sure that a portion of
the land was not parkland and to provide good numbers on demolition and appraisal before a
-1'/-
Minutes - Regular Council Meeting
September 30, 2003 - Page 15
decision was made to develop the property.
Mayor Neal referred to Item 2la, and a motion was made, seconded and passed to open
the public hearing on the following:
21 .a. Public hearing on proposed assessments for improvements to the following highway in
Corpus Christi, Nueces County, Texas:
Laguna Shores Road from Mediterranean to Caribbean (BOND ISSUE 2000)
City Engineer Angel Escobar explained that this was a Bond 2000 project to replace
sewer mains, build a bike path, and replace a bridge among other things. Mayor Neal asked if
the work would elevate the road. Mr. Escobar replied negatively, saying that the project would
involve replacing the piers that support the bridge to make the opening wider but not higher. Mr.
Escobar noted that staff was recommending the second lowest bidder for the following reasons:
poor contractor performance reviews on other city projects; the complexity of the project; and
the need to complete the project expeditiously.
Mayor Neal asked which section of the road was susceptible to flooding. Mr. Escobar
replied that the section between Hustlin' Hornet and Graham Road, near S.P.I.D, was susceptible
to flooding. Council Member Scott asked for a status report on the issues with Laguna Shores
Road. Council Member Garrett questioned why the city would repair the road without raising it
in the sections that tended to flood.
City Engineer Escobar added that in staffs evaluation of the low bidder and consideration
of the second bidder, he personally notified the low bidder to explain the reasons that they were
not recommending the award.
Council Member Garrett asked if the low bidder had completed the other pending
projects satisfactorily. Mr. Escobar replied that one of the projects has been completed to
specifications and had been accepted, the Birmingham Lyons project. He remarked that
throughout the actual execution of the work, staff encountered various problems with the low
bidder. He said that staff and the residents found it extremely tedious to work with the low
bidder. Ultimately, he noted that the project was completed and the low bidder was paid.
Regarding the other two pending projects, Mr. Escobar referred to a memo he had included in
the City Manager's Transmittal packet with status reports. The two projects in question were the
Azores Street/Catcay project and the Jamaica Street project. On the Azores/Catcay project, Mr.
Escobar said that the contractor was running a little ahead of schedule, but there had been some
problems coordinating the schedule with rain events and other city services for residents in the
area.. On the Jamaica Street project, he said that the project was running behind. He said that
the contractor has asked for an extension on this project, but staff denied the request upon
review.
Mr. Garrett asked for more information on the nature of the complaints. Mr. Escobar
replied that the complaints were related to resident accessibility to the property during
-18-
Minutes - Regular Council Meeting
September 30, 2003 - Page 16
construction, and coordinating the work with the U.S. Post Office, Police and Solid Waste to
continue services to residents at all times. On the Birmingham Lyons project, Mr. Escobar said
that the sanitary sewer lines had been replaced, and the contractor was required to move over the
sanitary sewer service to the new line. Due to an oversight, the line was killed off but one
resident's home did not get shifted over to the new line. As a result, the home was overrun with
sewage. He said that the contractor eventually fixed the problem.
Mr. Garrett asked if the number of complaints exceeded those that they have received
from a contractor under similar circumstances. Mr. Escobar replied that they had received
considerably more complaints. Mr. Garrett asked if he had spoken with the contractor about the
problems. Mr. Escobar replied that he had spoken with him personally three times during the
progress of the projects. He said that there was some improvement, but not enough to warrant
using them again.
Council Member Noyola called upon Mr. Daniel Salinas, owner of the Salinas
Construction Company, to explain his side of the story. Mr. Salinas, 13902 Hawksnest Bay,
spoke in defense of his company. He said that there was a good amount of design error on the
projects, saying that the burden was on the engineers and the consultants to place the lines
correctly. Mr. Roland Barrera, 2621 Camargo, spoke in support of the Salinas Construction
Company.
Council Member Noyola asked Mr. Salinas how much money he has saved the city on
projects. Mr. Salinas replied that he has saved $500,000 by being low bidder. He asked if Mr.
Salinas had received anything in writing regarding his job performance. Mr. Salinas replied
negatively, saying that he had had several meetings with Mr. Escobar but had not received
anything in writing. Mr. Noyola took exception to this.
City Secretary Chapa polled the Council for their votes as follows:
21.b. ORDINANCE NO. 025511
Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas:
Laguna Shores Road from Mediterranean to Caribbean
Imposing assessments totaling $146,963.49 against property abutting the improvements,
affected railways, and property and railway owners; fixing corresponding liens on
property and charges against property owners; providing for subsequent adjustment of
assessment amounts and the corresponding liens and charges based on as-built
conditions; and specifying assessment payment terms and lien enforcement measures.
(BOND ISSUE 2000)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Neal, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"; Cooper and Chesney were absent.
Minutes - Regular Council Meeting
September 30, 2003 - Page 17
21.c. MOTION NO. 2003-356
Motion authorizing the City Manager or his designee to execute a construction contract
with Berry Contracting Company, of Corpus Christi, Texas in the amount of $2,759,059
for the Laguna Shores Road Street Improvements from Mediterranean to Caribbean.
(BOND ISSUE 2000}
The following motion was passed and approved with the following vote: Neal, Garrett,
Kelly, Kinnison, and Scott, voting "Aye"; Colmenero and Noyola, voting "No"; Cooper
and Chesney were absent
Mayor Neal opened discussion on Item 22 regarding a State Homeland Security Grant.
Fire Chief J.J. Adame explained that the grant would greatly enhance the city's ability to respond
to weapons of mass destruction events and other events. He provided a brief background on the
grant. He said that some of the basic requirements of the grant were for the municipality to
provide a threat analysis and a response analysis. He said that these analyses had been
completed and submitted to the Texas Engineering Extension Service. He said that the total
grant amount was $2,026,402 for the purchase. He said that there were guidelines detailing
which items were authorized for purchase, such as the following: personal protective equipment,
detection equipment, decontamination equipment, search and rescue equipment, and medical
supplies. To determine what equipment was needed, the City Manager established an oversight
committee to review lists submitted by each department and to make final recommendations.
There was no comment from the audience.
City Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 025512
Resolution authorizing the City Manager or his designee to execute a subrecipient
agreement and accept a State Homeland Security Grant from the Texas Engineering
Extension Service in the amount of $2,026,402 for the purchase of specialized equipment
under the State Domestic Preparedness Equipment Program.
The foregoing resolution was passed and approved with the following vote: Neal,
Colmenero, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
Mayor Neal commented that the executive session had been canceled.
Mayor Neal called for the City Manager's report. City Manager Noe reported that the
tour of the arena construction project had been rescheduled for this Friday at 4:30 p.m. He
announced that the Weed and Seed Fall Festival was going to be held this Saturday in Hector P.
Garcia Park. For the Council agenda on October 14, Mr. Noe said that in addition to the two
baseball items he mentioned earlier, there will a report on the plans for the next 12 months on the
Neighborhood Initiatives Project; a presentation from the Workforce Development group;
-20-
Minutes - Regular Council Meeting
September 30, 2003 - Page 18
several zoning cases; installation of art at the convention center; and a planning grant for bay
debris collection. On October 21, Mr. Noe said that the council agenda would include a
presentation from the CVB and a second reading on the zoning amendment regarding explosives.
Mayor Neal called for Council concerns and reports. Council Member Kelly announced
that there will be a Czech Festival this weekend at St. Thomas Church on FM 624. Council
Member Scott asked Mr. Noe if staffcould provide a briefing in writing on Laguna Shores.
Mayor Neal called for petitions from the audience. Ms. Pamela Baker, 521 Peerman
Place, spoke in support of the greenbelt along Shoreline Boulevard.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:15 p.m. on September 30, 2003.
-21-
2
a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU BOARD - The Board is
requesting the realignment of Dave Prewitt from Lodging to At Large and Kevin Latone from At
Large to Lodging.
DUTIES: To create a consciousness on the part of the citizenry of the Corpus Christi Bay Area
of the potential trade advantages of the visitor industry; create a comprehensive publicity,
advertising and promotional program to solicit and attract conventions and visitors to the Corpus
Christi Bay Area and provide appropriate services connected therewith; promote and assist
programs of information, education, recreation and development of visitors to such areas; and
create friendly relations between the citizens of the area and visitors.
COMPOSITION: Fifteen (15) members selected directly by the City Council. The members
shall be representatives of the following groups: 3 - lodging industry; 2 - restaurant industry; 2 -
area attractions; 1 - air/ground transportation industry; and 7 - community at large. The above
members shall include persons fi.om all areas of the City in order to assure diverse geographic
representation on the Board. The Mayor, City Manager, Port of Corpus Christi Authority,
Corpus Christi International Airport and the Coastal Bend Regional Tourism Council, or their
designees, shall serve as additional non-voting members of the Board. Appointments will be for
staggered, three-year terms; provided that the term of office of any member who is a public
official shall coincide with his or her term of public office. No person may serve as a voting
member for a period longer than six years consecutively, unless such service is required by virtue
of the person's position or title or to complete an unexpired term.
MEMBERS TERM
Dave Prewitt (Lodging), Chairman 7-31-05
Tom Schmid (Attractions), Co-Chair 7-31-04
Curt L. Broomfield (Restaurant) 7-31-06
Bert Quintanilla (At large), Chairman 7-31-05
Govind Nadkami (At large) 7-31-06
Jody Patel (Lodging) 7-31-05
Bill Goin (Attractions) 7-31-05
Patrick O'Boyle (Restaurant) 7-31-06
Vangie Chapa (Transportation) 7-31-04
Bill Morgan (Lodging) 7-31-04
Kevin Latone (At large) 7-31-06
Linda Routh (At large) 7-31-04
Tomas Duran (At large) 7-31-06
John Trice (At large) 7-31-04
Dan Viola (At large) 7-31-05
Lillian Riojas (Port of Corpus Christi) Ex-Officio
Ann Vaughn (CB Regional Tourism Council) Ex-Officio
VACANT (CC International Airport) Ex-Officio
Mayor Ex-Officio
City Manager Ex-Officio
ORIGINAL
APPTD. DATE
06-12-01
02-20-01
09-09-03
02-22-00
02-22-00
02-22-00
02-22-00
07-22-03
07-22-03
05-16-00
07-08-03
02-22-00
12-10-02
02-22-00
05-08-01
-25-
ETHICS COMMISSION - Five (5) vacancies with terms to 10-01-04, 10-01-05 and 10-01-06.
(Appointed by two-thirds vote of the full Council)
DUTIES: In addition to having jurisdiction of complaints involving any "city official", the
duties of this commission are to prepare and publish pamphlets and other materials explaining
the duties of individuals subject to the code of ethics; review all statements and reports filed with
the city; annually review the code of ethics and make appropriate recommendations to the city
council; review all public opinions related to the code of ethics that are issued by the city
attorney; prepare and disseminate a report listing all campaign contributions and expenditures for
each candidate within 30 days following the deadline for filing the last campaign finance reports
for each city council election. The commission shall have such meetings as may be necessary to
fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided
that reasonable notice is given to each member.
COMPOSITION: Nine members appointed by a two-thirds vote of the full council.
Nominations are to be solicited from a wide variety of professional and community organizations
in the city but interested individuals may also submit their names for consideration. Initially, the
terms of three members shall be one year, and the initial terms of another three terms shall be
two years. The persons having such shorter terms shall be determined by lot. No holding over is
permitted except as expressly provided in the code of ethics. The commission shall elect a
chairperson and a vice-chairperson.
MEMBERS TERM
ORIGINAL
APPTD. DATE
*Gloria Perez, Chairperson
*Rev. Dr. Raymond Kiser
Rev. Derrick Reaves
Fred Haley
Harold R. Fredrickson
**Eduardo Hinojosa
Captain Craig Reynolds
***Herbie Garcia, Jr.
***Michelle Thomas
10-01-03 11-09-99
10-01-03 11-09-99
10-01-05 10-12-99
10-01-05 11-14-00
10-01-04 10-09-01
10-01-03 8-12-97
10-01-04 6-13-00
10-01-04 3-13-01
10-01-05 10-22-02
*Seeking reappointment
**Automatic termination for failure to timely submit annual Ethics Report
* **Resigned
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Gloria Perez 6 6 100%
Reverend Dr. Raymond Kiser 6 6 100%
-26-
OTHER INDIVIDUALS EXPRESSING INTEREST
David Amori
Branch Manager, Professional Service Industries,
Inc. Received B.S. from the University of Colorado
and M.S. from the University of Birmingham.
Member of the American Society of Civil
Engineering and Counsel of Engineer Consultants.
(7-07-03)
Kevin Betts
Executive Director, Trinity Towers Retirement
Community. Associate's degree fi'om Columbus
State College. Certified Assisted Living Manager
in Texas. (6-15-01)
James Richard Cramer
Commander, USN Retired. Member of the Corpus
Christi Mustangs, National Board of Directors for
Navy League, Naval Sea Cadet Corps, A1 Amin
Shrine and the Texas Retired Officers Association.
Received the Meritorious Service Medal, Navy
Commendation Medal with Silver Star, and the
National Defense Medal. (09-04-03)
Robert N. Corrigan, Jr.
Vice President/General Manager, Corrigan and
Associates. Received a B.B.A. at Texas Christian
University and a J.D. at St. Mary's University
School of Law. Involved in activities related to
conservation and youth. (10-08-03)
Haysam Dawod, D.D.S.
Dentist. D.D.S., U.T. Health Science Center,
Houston, TX; B.S. from Corpus Christi State
University. Community activities include: C.C.
Evening Rotary Club (Past President), volunteer
Dentist for Clinica Corpus Christi - Guatemala,
graduate of Leadership Corpus Christi XXIX and
member of the Leadership Alumni Coordinating
Board. (10-14-02)
Jack Gordy
Retired military. High school graduate plus one
year at Del Mar College. ($-22-01)
Roy Martinez
Letter Carder, U.S. Postal Service. Member of
American Legion, G.I. Forum, Disabled American
Veterans, and National Association of Letter
Carriers. Has been recognized by the Postal Service
for customer service. (8-14-03)
-27-
Lucy Reta
Z. Paul Reynolds
Sharlene Sexton
Elaine A. Yellen
Administrative Assistant, Corpus Christi Chamber
of Commerce. Member of the Westside Business
Association and Leadership Corpus Christi. Past
Chairman of Sister City Committee. (8-27-03)
Assistant Director of the University Center, Texas
A & M University - Corpus Christi. Received
B.Ed., University of Texas and M.S. Ed. and Ed.D.,
University of Pennsylvania. Activities include:
Association of College Unions International,
National Association of Student Personnel
Administrators, Paths of Courage and GLSEN
Finance Committee Member. (5-11-03)
Deputy Executive Director, Corpus Christi Housing
Authority. M.A. in Human Resource Development
and Business Management, Webster University.
Has 25 years of military service. Member of
Leadership Class XX. (2-26-03)
Assistant Professor of Nursing, Texas A&M
University-Corpus Christi. Ph.D. in Nursing.
Active volunteer with St. Bartholomew's Church.
Member of Texas Nurses Association - local
chapter. (9-20-01.)
-28-
SISTER CITY COMMITTEE - Three (3) vacancies with terms to 9-04 and 9-05.
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.
ORIGINAL
MEMBERS TERM APPTD. DATE
Ann Jaime, Chairperson 9-05 6-13-00
Sue Dulaney 9-04 9-8-98
Yalee Shih 9-05 10-21-97
Edna Balboa 9-04 9-11-01
Mufid A. Abudiab 9-05 10-10-00
Ellen Murry 9-05 4-! 6-02
*Valerie Vargas Ballesteros 9-05 9-09-02
Gary Hansen 9-04 9-10-96
Regis Barber 9-04 12-10-02
Dr. Kent Byus 9-04 6-10-03
Randy Farrar 9-04 6-11-02
Rose Gunji 9-04 9-09-97
*Wayne Bennett 9-04 9-11-01
*Raquel Madrigal 9-04 6-13-00
Sarah Hicks 9-05 4-22-03
Judy Benkendorfer 9-06 10-10-00
Drue Combs 9-06 9-23-03
Elizabeth R. Iglesias 9-06 4-22-03
John Rocha 9-06 9-23-03
Mary H. "Bebe" Morris 9-06 9-09-02
Sharon L. Phillips 9-06 9-09-02
*Has exceeded the number of absences allowed by ordinance
(Note: Valerie Vargas Ballesteros has resolved her conflicts and is requesting
reinstatement to this committee.)
INDIVIDUALS EXPRESSING INTEREST
Hsiu-Jung "Mindy" Chang
Associate Professor, Texas A & M University -
Corpus Christi. B.A. from National Taiwan
University, M.A. from Ohio State University and
Ph.D. fi.om State University of New York. Fluent
in Mandarin Chinese, English and Taiwanese.
Founder and President of the International Speech
Communication Association in Taiwan. (8-28-03)
-29-
Rosa G. Gonzales
Amanda Jane Haney
Peter Kuntu-Mensah
Kelly Smith
Elaine A. Yellen
Secretary, U.S. Courts. Attended business school.
Member of the Nueces County Historical
Commission. (10-01-03)
Owner, Crossroads Travel. Attended college and
specialty education courses. Member of the
Airlines Reporting Corporation International and
the Association of Travel Agents. (7-31-03)
Assistant Professor of Computer & Math Sciences,
Texas A&M University-Corpus Christi. Ph.D.
fi-om University of Maine; M.S. from Ohio State
University. Member of the Texas Society of
Professional Surveyors and the American Society of
Photogram. (12-04-02)
CSRI, Labor Ready. Participated in Sister City
program in Yokosuka, Japan while attending high
school. (9-24-03)
Assistant Professor of Nursing, Texas A&M
University - Corpus Christi. Ph.D. in Nursing.
Active volunteer with St. Bartholomew's Church.
Member of Texas Nurses Association- local
chapter. (1-23-01)
-30-
3
AGENDA MEMORANDUM
RECOMMEDAT1ON: Motion approving the purchase of laboratory equipment from Leeds
Instruments, Inc., of lrving, Texas, in accordance with the State of Texas Cooperative Purchasing
Program in the amount of $26,960.60. This equipment will be used by the Health Department.
Funds are available from the Health Department Grant Fund.
Purpose:
The Texas Department of Health has awarded the Health
Department with a grant to upgrade the laboratory to a Level B
Facility.
This equipment consists of a microscope, camera, software and
light attachment that will enable the laboratory to rapidly identify
anthrax and other plagues associated with bioterrorism attacks.
Award Basis:
The purchase is made available under the Texas Building and
Procurement Commission (TBPC) Non-Automated Term Contract
number 490-N 1.
Funding:
Health Department
520030-1066-831504
$26,960.60
Micl~,ielXl~arrera, C'7.P
Procurement & Gend
'al Services Manager
-33-
/
R~~.~.ivTING AGENCY: CORPUS cI-nqISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
RECEIVING AGENCY PROGRAM: BUREAU OF LABORATORIES
TDH DOC. NO: 7460005741
ATTACHIV~NT NO: 02
Change No. 01
2004
EQUIPIVl~ LIST
ITEM DESCRIPTION NO. OF LrN1T EXTENSION
UNITS COST
001 Flourescent mlerosoope for performing DFA; BX4 Mircroseope fram with I 30,000.00 $ 30,000'.00 a.
nosepiece mount for transmitted light. Detachable fine focus extension knob,
DC power supply for 6v/30w tungsten halogen bulb; LED power indicator
002 Chip camera system to meet level B requirements; SPOT RT Color "F" 1 10,000.00 $ 10,000.00
Mount Camera, power supply, PCI board, cables and software with grade 3
CCD; Olympus Image Quest System, READ ONLY software, No acquisition
capabilities, no video conference
003 Anaerobic Chamber Glove Box, Phs-Labs; Two vacuum pressure pumps; 1 I0,000.00 $ 10,000.00
adjustable vacuum gauge; Four ground key cock valves; Inner door on
transfer chamber
004 Dissecting microsoope to meet level B requirement; SZ-6045 Microscope I 7,000.00 $ 7,000.00
Body with IX to 6.3X magnification range; zoom ratio 6.3:1; working
distance 90mm; observation tube angle 45 degree; right and left eyepiece
tubes interlocked; interpupillary distance adjustment 50-76mm
005 Personal Shaking Incubator, Series 211; 211DS and versatile 211DHS, a 1 5,000.00 $ 5,000.00
shaking incubator with hybridization rotisserie; DHS models incoqaorate a
heavy duty, orbital shaking mechanism powered by a maintenance bee
brushless motor
006 BAX detection system; Cycler/detector; Computer workstation; BAX 1 35,000.00 $ 35,000.00
software/Microsoft Windows based; Printer; License to perform tx:R; t'CR ~/
tube holders; Dry block heater; Cooling blocks; Capping/decapping tools;
Pipettes; Starmp supplies; Installation and training
007 Dell Latitude DS00 Pentium M Processor 1.30GHz 15.4 WXGA Display; I 1,500.00 $ 1,500.00
256MB, DDR, SDRAM, 2 DRdlvlS; NVIDIA C~Force 4200 Go 4XAGP
graphics w/32MB DDR Video Memo; 30GB, FID, 9.5MM, 4200RPM;
Floppy Drive, Internal/External; Microsoft Windows XP Professional ~ %
Service Pack 1; Internal 56K Modem; 24-10-24X CDRW; Intel
PRO/Wireless 2100 WI.AN; 9 Cell Primary Battery; 3 Yr Parts Onsite
Labor; Norton Antivirus 2003, 12-month subscription upgrade; 9 Cell
72WHr Spare Ih/mary Battery; Dell TruMobile 300 Bluetooth Module;
64MB USB Flash Storage Device
008 EZ Rum "Westgard Rules , Easy Inter,new Mode; Multilevel, Multtrule, 1 2,500.00 $ 2,500.00
Multistage QC Design; Built in library of over 100 statistical control rules;
Complete flexibility in setting control limits; Jenuings charts .and multichart
view; Automatic flagging of out of control results ..
TOTALS $ 101,000.00
Items may be brand name, if specified, or equivalent.
Equipment List Page I
-34-
4
CITY COUNCIL
AGENDA MEMORANDUM
October 14, 2003
AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's
designee, to submit a Hazardous Materials Emergency Preparedness Planning Grant
application to the Texas Department of Public Safety, Division of Emergency
Management, in the amount of $22,400 for public awareness brochures, production and
broadcast of infomercials, an emergency response drill, and to update the hazardous
materials information in the Tier II Database, with a City match of $5,600 in the No 6060
LEPC Fund, and a total project cost of $28,000
ISSUE: The recent events of 911 has brought fourth concerns over our security as a
nation and our ability to respond effectively to a terrorist attack using weapons of mass
destruction which contain hazardous chemicals. Nueces County has numerous "high risk
areas" such as refineries, our deep water port and large tanker trailers moving large
quantities of hazardous chemicals through our communities' highways. These
areas/facilities could become terrorist targets.
The general public needs to be educated on what is the proper response to a terrorist
attack involving hazardous chemicals. We also need to conduct drills to test and update
our emergency plans regarding such attacks. Furthermore, to ensure that the City and
County's emergency responders are provided with useful hazardous materials'
information, it is essential that we update our Tier II data base of hazardous materials in
the county on an annual basis.
FUNDING: The total project cost is $28,000.00 and requires a hard or soft match of
20% ($5,600.00). Funds for the hard match have been budgeted by the Local Emergency
Planning Committee in the FY 2003-2004 budget.
RECOMMEND: Staff recommends approving resolution authorizing the City
Manager, or his designee, to submit a grant application in the amount up to $22,400.00 to
the Texas Department of Public Safety Division of Emergency Management for
Hazardous Materials Emergency Preparedness Planning which will require a 20% match
of $5,600.00.
ADDITIONAL SUPPORT I~{ATERIAL:
Resolution
-37-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS PLANNING GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY
MANAGEMENT, IN THE AMOUNT OF $22,400 FOR PUBLIC
AWARENESS BROCHURES, PRODUCTION AND BROADCAST OF
INFOMERCIALS, AN EMERGENCY RESPONSE DRILL, AND TO
UPDATE THE HAZARDOUS MATERIALS INFORMATION IN THE TIER
II DATABASE, WITH A CITY MATCH OF $5,600 IN THE NO,6060 LEPC
FUND, AND A TOTAL PROJECT COSTS OF $28,000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a Hazardous Materials Emergency Preparedness Planning Grant application to the
Texas Department of Public Safety, Division of Emergency Management, in the amount
of $22,400 for public awareness brochures, production and broadcast of infomercials,
an emergency response drill, and to update the hazardous materials information in the
Tier II database. The City match for this grant is $5,600 in the No. 6060 LEPC Fund, for
a total project costs of $28,000.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 8th day of October, 2003.
R. ~la ' in~'~' - /
Act"~ag~tO~y ~tt o rn ey
Samuel L. Neal, Jr.
Mayor
R31117A1,doc
-38-
5
AGENDA MEMORANDUM
DATE: October 14, 2003
SUBJECT:
North Navigation Boulevard Pumping Plant Contract Three
36-Inch Diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant) (Project No. 8452)
CHANGE ORDER NO. 2
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with
Jalco, inc. of Houston, Texas, in the amount of $53,300 for the North Navigation Boulevard
Pumping Plant Contract Three - 36-Inch Diameter Water Transmission Main (North
Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant).
ISSUE: Additional work elements are necessary to improve water system pressure and
hydraulics.
FUNDING: Funding is available from the FY 2002-2003 Water Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
Aj~rge~ ~ ~scobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit"B" Change Order Summary
Exhibit"C" Location Map
H:IUSERS2~HOMEIVELMAR~GENIWATERI8452~AGENDA MEMO
-41-
BACKGROUND INFORMATION
SUBJECT:
North Navigation Boulevard Pumping Plant Contract Three
36-Inch Diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant) (Project No. 8452)
CHANGE ORDER NO. 2
PRIOR COUNCIL ACTION:
1. November 30, 1999 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $328,979 with Urban
Engineering for the:
· Savage Lane Pumping Plant Clearwell Replacement Project;
· Downtown Area Hydraulic Analysis; and,
· Water Distribution System Extended Period Simulation (EPS) Model.
2. July 18, 2000 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction
Phase (Engineering) Services with Urban Engineering for a fee not to exceed
$902,250 for the Savage Lane Pumping Plant Clearwell Replacement Project.
December 19, 2000- Motion authorizing the acquisition of Parcel 1; a 9.853 acre
tract of land located on Navigation Boulevard, south of and adjacent to the Savage
Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park,
Section 2, from the owners of Ear, Nose and Throat Pension Plan, for $120,000 in
connection with the Savage Lane Pumping Plant Clearwell Replacement project
and for other municipal purposes.
August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Jalco, Inc. of Houston, Texas, for a total fee not to
exceed $3,187,800 for the North Navigation Boulevard Pumping Plant Contract No.
3 - 36-Inch Diameter Water Transmission Main (North Navigation Boulevard
Pumping Plant to Caldwell Street Pumping Plant).
August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute
a testing services agreement with Fugro South, Inc. for a total fee not to exceed
$116,000 for the North Navigation Boulevard Pumping Plant Contract No. 3- 36-
Inch Diameter Water Transmission Main (North Navigation Boulevard Pumping
Plant to Caldwell Street Pumping Plant).
August 19, 2003 - Ordinance appropriating $73,471.60 from the unappropriated
interest earnings from Water 1994 CIP Fund 4081; and appropriating in Water CIP
Fund 4081 for the North Navigation Pumping Plant Contract No. 3 - 36-Inch
Diameter Water Transmission Main; amending capital budget adopted by Ordinance
No. 025144 by increasing appropriations by $73,471.60; and declaring an
emergency.
H:IU SERS2~HOME~VELMARIGENIWATERI8452',AG-~NE)A BACKGROUND
-42-
EXHIBIT "A" II
Page 1 of 2
PRIOR COUNCIL ACTION (continued):
7. AuRust 19, 2003 - Motion authorizing the City Manager, or his designee, to execute
Change Order No. 1 with Jalco, Inc. of Houston, Texas, in the amount of
$73,471.60 for the North Navigation Boulevard Pumping Plant Contract No. 3 - 36-
Inch Diameter Water Transmission Main (North Navigation Boulevard Pumping
Plant to Caldwell Street Pumping Plant).
PRIOR ADMINISTRATIVE ACTION:
1. July 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01
(Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local
architectural and engineering firms.
BACKGROUND INFORMATION: The original contract scope provided for installing a 36-
inch diameter water transmission main from the new North Navigation Boulevard Pumping
Plant to the existing water distribution system at the Caldwell Street Pumping Plant.
CHANGE ORDER NO. 2: Change Order No. 2 is for the interconnection of two (2) 8" dead-
end lines near the intersection of Omaha and Agnes that will cross the 36-inch water line
presently under construction. The interconnection will require a bore under the Tex-Mex
Railway. Water Department Staff has requested this change order to create an additional
loop on the existing water system that will improve the system pressure and hydraulics.
H:IUSERS2\HOME~VELMARIGENIWATER~452'~GENDA BACKGROUND
-43-
EXHIBIT "A"
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
October 7, 2003
PROJECT:
NORTH NAVIGATION BOULEVARD PUMPING PLANT - CONTRACT 3
36" DIAMETER WATER TRANSMISSION MAIN (NORTH NAVIGATION
BOULEVARD PUMPING PLANT TO CALDWELL STREET PUMPING PLANT)
PROJECT NO: 8452
APPROVED: City Council on 8/20/02 - Motion No. M2002-261
CONTRACTOR:
Jalco, Inc. Of Houston, Texas
5148 Lotus
Houston, TX 77045
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1 (8/19/03 - Council) ........
Change Order No. 2 (9/4/03 - Council) ..........
Total .........................................................
$3,187,800.00
796,950.00
73,471.60
53,300.00
126,771.60 = 3.98% < 25%
EXHIBIT "B"
Page I of 1
-44-
IEXlST. 8" ACPI
BORE ,~& CASE
& RAILROAD
CONNECT 8" UNESI
TO EACH OTHER J
N
54-' Sg~EEL
CASING
STR~'ET
36" W.L
EXIST.
16"
40 20 0 4-0
G,R~PHIC SCALE IN FE~
6-900
CHANGE ORDER No. 2
CONTRACT 3 - 56" DIA. WATER MAIN
N. NAVIGATION BLVD. PUMPING PLANT
crrr or coRPus CHR/Sn, rEXeS
CITY COUNCIL ~
DEPARTMENT OF ENGINEERIN(; SERVICES
F::,AC~ 1=': I OF 1
DATE: I 0/08/2003
6
AGENDA MEMORANDUM
October 14, 2003
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 16 to the architectural/engineering services contract with M. Arthur
Gensler, Jr. and Associates, Inc. in the amount of $150,350 for additional construction
phase services for the Corpus Christi International Airport Terminal project. (Project
No.1071)
FUNDING: Funding is available from Airport Capital Improvement Funds.
RECOMMENDATION: Approval of the motion as presented.
(~--~ ~,ngel R. Escobar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Prior Council/Administrative Actions
Contract Summary
-49-
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
The amendment provides an extension of construction phase services. The contract as
amended provided for construction completion date of May 31, 2003. Change orders to
provide Transportation Safety Administration lease space, tenant requested modifications,
and other building enhancements have resulted in a projected completion date of
December 2003. The amendment was not processed in May as:
· The contract had funding adequate to continue amhitectural services; and
· There were continuing requests for building modifications and enhancements
requested that made the final completion date uncertain.
The amendment is needed to allow continued participation of the architect and their sub-
consultants during the remaining construction phase and project closeout. The
amendment also will reimburse the architect for services that were performed, but not
invoiced.
PRIOR COUNCIL/ADMINISTRATIVE ACTIONS:
Numerous actions by the City Council and staff have been made for this complex project. A
list of the more significant actions is attached. See Exhibit B.
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the amendment and
recommended its approval.
H:\HOM E\KEVINS\GEN~AIR\N EWTE RM~AE#13AWD.bkg.doc
-50-
Page 1 of 1
PRIOR COUNCIL ACTIONS
Auqust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital
improvement program for CCIA including the terminal reconstruction program. (Res. 023426)
March 30, 1999 -Approval of recommended Terminal Reconstruction and Landside Development
concept at CCIA. (M99-089)
April 20, 1999 - Motion to authorize City Manager to execute a contract for
architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of
$2,225,000 for the CCIA Terminal Building. (M99-105)
July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included
Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron
Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703).
December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler
Team.
January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the
architectural/engineering services contract with M. Adhur Gensler, Jr. and Associates, Inc. in tl~
amount of $72,095 related to the airport automated access control system (AACS) and closed-
circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027)
February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the
amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal
Reconstruction Program. (M2000-66)
May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the
amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift
station relocation projects at Corpus Christi International Airport. (M2000-153)
Au,qust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction
contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International
Airport Terminal Construction project. (M2000-292)
10.
November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the
amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction
project (M2000-412).
11.
November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and
inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi
International Airport Terminal Construction project. (M2000-413).
12.
November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1
(construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi
International Airport Terminal Construction project. (M2000-292)
13.
April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution
of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of
$103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001-
154).
14.
May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of
structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of
H:\HO ME\KEVIN S\GE N~AI R\N EWTE R M~AE#16AWDPriorActio~'~;~lxh-~ .doc
Page 1 of 6
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
$38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001-
207).
June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the
amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction
project (M2001-219).
September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19
(upgraded public address system, additional escalators, wall laminates, & decorative tiles) with
Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport
Terminal Construction project. (M2001-347).
October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace
eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to
exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project.
(M2001-373).
October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment
No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and
inspection services for the new Airport Terminal Building (M2001-387).
October 23, 2001 -
a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on
cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of
$20,326.24 for the Corpus Christi International Airport Terminal Construction project.
b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of
relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors
at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus
Christi International Airport Terminal Construction project. (M2001-401).
April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the
amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction
project (M2002-102).
May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate
security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed
$63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002-
132).
June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend
canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to
exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project.
(M2002-192).
December 17, 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the
architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the
amount of $366,158.00 for the for the Corpus Christi International Airport Terminal Construction
project (M2002-102).
May 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45
with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $425,410.87 for Corpus Christi
International Airport New Terminal Building for concrete and structural steel for the retail and
Transportation Security Administration lease areas and an exterior finish system for the Air Cargo
Building (M2003-198).
H:~HOM E\KEVINS\G E N~AI R\N EWTE RM~AE#16AWDPriorActioF~8.doc
Page 2 of 6
PRIOR ADMINISTRATIVE ACTIONS
1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for
temporary vestibules, air curtains, and lighting.
2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for
temporary canopy.
3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of
$14,000 for structural slab and double wall air handler units.
4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for
various utility work, rerouting of conduits, and temporary speakers at curb-side.
5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount
of $14,920 for apron extension/access roads & terminal apron projects. (separate project)
6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon
for additional pedestrian tunnel support.
March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for
storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC
piping and controls.
8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of
$14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile.
9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional
inspection services.
10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for
installation of piers for future installation of structural slab under the concourse.
11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for
various electrical modifications and security alarms.
12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gens[er and Associates in the amount of
$5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation
valves for cooling towers.
13. May 101 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for
various mechanical modifications and modification of a pier cap.
14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for
additional fill material and relocation of food court water meter.
15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for
substitution of double wall air handlers in lieu of single wall air handlers.
16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to
Fulten/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers.
17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for
substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill
material.
EXHIBIT B
H:\HOME\KEVINS\GEN~AIR\NEWTERM~AE#16AWDPriorActiofTs~h13.doc Page 3 of 6
18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an
upgrade of passenger loading bridge carpet and remobilization of demolition contractor.
19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for
storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault
Signal additions to facilitate relocation of telephone and local area network (LAN).
20. Auqust 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for
raising the elevation of asphalt crosswalks and additional excavation and fill material under the old
restaurant area.
21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon
for relocation of equipment for jet bridge power room, and baggage service office/additional operation
space for Continental Express.
22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to
Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for
data and communication room equipment.
23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional
inspection services.
24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount
of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security
checkpoint.
25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount
of $10,500 for modification of security checkpoint Location and electrical/security rooms.
26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount
of $9,700 for extension of the Terminal Building Main canopy.
27. October 311 2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon
for ground radio provider and Continental Airlines operations, three phase motors for baggage doors,
include baggage equipment on emergency power, revise cooling tower foundation, and relocate
water line to improve future access.
28. November 141 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to
Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and
other modifications.
29. Dece,ber 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon
for additional space for a baggage office and operations suite for Continental Airlines and modification
of transom to electric vault door.
30. January 31, 2002 - Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon
for security modifications associated with 9/11 and installation of high speed operator on Gate 24B.
31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon
for additional security expenses, bag conveyor openings, and fire damper.
32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon
for additional foundation work, chilled water interconnect, temporary electrical supply connection,
additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge.
33. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for
additional offices, relocation of ticket counters and return air openings.
Page 4 of 6
H:\HOM E\KEVINS\G EN~AI R\NEWTER M~AE#16AWDPriorActio~.doc
34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for
mechanical and structural modifications.
35. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for
electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications.
36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for
various minor enhancements (carpet, voice/data circuits, door pulis, security modifications, etc.).
37. Au,qust 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for
mechanical, electrical and other modifications.
38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon
for placing terrazzo in the food coud.
39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon
for various electrical modifications, lock sets, PA service, etc.
40. November 5, 2002 - Award of Change Order No~ 40 in the amount of $17,231.32 to Fulton/Coastcon
for electrical modifications, advertising modifications, rent car telephones, and window blinds.
41. February 6, 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon
for food court ceiling and relocation of visitor information desk.
42. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon
for additional electrical power to rent car offices, vending machines, enclosure of open administrative
space, storage of equipment City requested advanced delivery, and additional security costs.
43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon
for various electrical, plumbing, signage, fire alarm, and HVAC modifications.
44. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for
various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car
parking lot, removal of manholes under additional retail space, new gate operator support, conduit to
new checkpoint location.
45~ April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919.61 to Fulton/Coastcon for
valance support, fire alarm monitoring modules for jet bridges, HVAC modifications, western power
feed to jet bridge power center, and interior trash receptacles.
46. April 30, 2003 - Award of Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for
painting old terminal, hardware revisions, exterior operators for fire doors, relocation of fire hydrant,
fiber optic network, power for vending, retail and check point lights, and adding regulator and vent to
boiler.
47. June 25, 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for
relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and
modification of Gate 6 for international and domestic arrivals.
48. June 271 2003 - Award of Change Order No. 48 in the amount of $23,998.95 to Fulton/Coastcon for
painting type-S light fixtures, adding four smoke alarms to baggage claim, backflow check valve at
Gate 2, photocells for type-M light fixtures, electrical support for Southwest Airline move, revise cargo
facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline
ticketing location.
H:\H OME\KEVINS\GE N~AIR\NEWTE RM~AE# 16AW D p d orA ctio ~'~ri~h-'B .doc
Page 5 of 6
49. July 71 2003 - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for
Hayden W. Head sign.
50. July 28, 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for
modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire
sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion,
power to temporary Aero Mex location, revision of cargo building participation to tenants'
requirements, removal of transite material, and wall grills in cargo building.
51. September 23, 2003 - Amendment No. 15 to M. Arthur Gensler and Associates in the amount of
$16,250 for documentation of revisions to west and east administrative offices, specification of
furniture, meetings with Art Task Force, improvement of lighting in security checkpoint area, design
and document Terminal primary sign and lighting adjacent to McGregor murals.
H:\HOME\KEVINS\GEN~AIR\N EWTERM~AE#16AWD PriorActiort~d,~.doc
Page 6 of 6
CONTRACT SUMMARY
SCOPE OF SERVICES1 paragraph B. 1 .g CONSTRUCTION SERVICES, Construction Phase is revised and
will read as follows:
B. CONSTRUCTION SERVICES
1 .g - make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and
his/her representative (Project Manager) and contractor to observe the general progress and quality
of work, and determine, in general, if the work is being done in accordance with the contract
documents and in accordance with the quantities of work represented in current contractor requests
for payment. Consultant site visits will not constitute or be confused with a resident inspection or
continuous monitoring of the progress of construction. The anticipated duration of construction is
increased seven (7) additional months to thidy nine (39) months commencing with the "City's" letter to
proceed to the General Contractor and concluding December 31,2003.
Section Ill. FEES Authorized is amended to read:
Ill. FEES AUTHORIZED
The City will pay the Consultant a restated total not to exceed fee of $3,457,529.00.
The additional construction phase fee authorized by Amendment No. 16 consists of a total not to exceed fee
of $150,350.00.
-57-
Exhibit C I
Page 1 of 1
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDAITEM:
Ordinance appropriating $500,000 into the Street CIP Fund No. 3530 from the
Regional Transportation Authority (RTA) for the RTA 2003 Special Projects
Program; amending FY 2002-2003 Capital Budget adopted by Ordinance 025144 to
increase Fund 3530 appropriations by $500,000; and declaring an emergency.
ISSUE:
The Regional Transportation Authority has entered into an interlocal agreement with
the City of Corpus Christi to provide financial assistance with selected Fiscal Year
2003 Street Improvement Projects. It is necessary for Council to appropriate the funds
before they may be spent.
FUNDING:
Funding for this project is available from the Regional Transportation Authority.
CONCLUSION AND RECOMMENDATION:
Approval of ordinance as recommended so the RTA may provide funding for FY '03
City Street Improvement Projects.
'/~g¢~ R. Escobar, P. E.,
Director of Engineering Services
Attachments:
Exhibit"A" Additional Information
Exhibit "B" Approved 2003 Street Improvement Projects
H:~HOME\LYNDAS\GEN\Streets\RTA\FY 03 Appropdation~AGENl~ MEMO.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PRIOR COUNCIL ACTION:
1. July 8, 1999 - Resolution authorizing the City Manager, or his designee, to execute
an interlocal governmental agreement with the Regional Transportation Authority
(RTA) for the RTA to provide the City money annually for street improvement
purposes.
PRIOR ADMINISTRATIVE ACTION:
1. July 2, 2002 - Approval of the FY 2003 Interlocal agreement between the Regional
Transportation Authority and the City of Corpus Christi
BACKGROUND: The Regional Transportation Authority (RTA) contributes funding yearly
to supplement costs of approved City street projects. This is done to adequately address
the true cost of street usage by the RTA. In an interlocal agreement passed between the
City of Corpus Christi and the RTA on July 13, 1999, the RTA agreed to provide the City
with $500,000 for specified special projects. Due to the restrictions associated with those
funds, they are appropriated yearly into the No. 3530 Street Capital Projects Fund. This
Capital Projects Fund allows maintenance of expenditure records on a project basis.
Appropriation into the Capital Projects Fund helps assure the funds are not co-mingled with
operating expenditures.
-62-
EXHIBIT "A"
Page 1 of 1
Regional Transportation Authority
.luly 2, 2003
Angel Escobar
City Engineer
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Re: Proposed 2003 Street ]Improvement Projects
Dear Hr. Escobar:
Attached is a listing of the proposed RTA 2003 Street Tmprovement projects; provided
as part of this correspondence are the 13 individual site profiles developed by Naismith
Engineering. Included are an estimated amount of $312,000 in concrete bus and shelter
pads, pull ins, curb ramps, and curb and drainage improvements along Leopard St.
In addition to these improvements, the RTA is interested in working with the City of
Corpus Christi on the RTA's Port Ayers Livable Communities Initiative project. Additional
funding is needed to serve two purposes:
:L Assist the City in the amount of $50,000 with efforts to improve the asphalt
pavement on both Port and Ayers Streets--between the intersection of these two
arterials and Horne Rd. ;and
2. Supplement funding in the amount of $55,000 to the existing Port Ayers LCT
project.
Both the RTA and the City have recognized that there is a need for the RTA to partially
fund asphalt improvements dedicated towards improving the transitions between the
asphalt and the new concrete crosswalks located on both Ayers and Port in the impacted
areas. Although the RTA had earmarked $100,000 in 2002 Street Improvement funds
for the five (5) lighted crosswalks as part of the original Port Ayers LC[ project,
additional monies are needed to cover the $:~25,000 expended for this line item.
Further, the RTA incurred added expenditures by making greater asphalt improvements
than planned to the two (2) intersections of Port and Ayers at Home Rd.
Supplemental funding is also needed in support of the opening of the new Southside
Station. As you recall, $100,000 was originally earmarked in 200! Street Program for
traffic signalization. Traffic signalization and related street improvements are estimated
at costing an additional $20,000 than initially projected. Further, the RTA has
determined that more curb cuts and sidewalk improvements are needed to make the
EXHIBIT "B"
Page 1 of 3
(361) 289-2,712 · 5658 Bear.Lane · Corpl.l~h~isti, Texas 78405 · Fax (~
The B Customer Center (361)883-2287 1806S, Alarn~'cffa · Corpus Christi, Texas7~
Correspondence to Angel Escobar
Re: Proposed 2003 Street Improvement Projects
3uly 2, 2003
Station more accessible on McArdle St--from Staples St. Our preliminary estimate is
approximately $45,000.
Given the history of unforeseen projects developing during the course of the year, the
RTA is recommending that $18,000 be set aside for "undesignated" projects. This will
provide the RTA the flexibility to fund projects that it deems necessary to meet our
customer's demands.
Table A provides a recap of the RTA's proposed 2003 Street Improvement Program:
Table A
Item Amount Comments
Leopard Street Improvements 312,000 13 site profiles for Leopard St.
Asphalt Improvements to Improve 50,000 Designed to improve concrete crosswalk
Crosswalk Transitions on A/ers and Port St. transitions at five (5) sites
Supplemental Funding for Port Ayers LC] ~e 55,000 Earmarked to pay for additional funding
needed for lighted crosswalks and extra
paving on Home Rd. intersections--for both
Port and Ayers
Supplemental Funding for Southside Station 65,000 ' Earmarked to pay for additional funding
and Surrounding Area ~ needed for traffic signalization and related
improvements, including ADA enhancements
on Mr-.Ardle St.
Contingency for Undesignated Projects ~.8,000 Requires concurrence on the part of the RTA
and the City for funding projects
TOTAL: $500,000
*Project to be adminBtered directly by the RT,4.
additional information is needed, please contact either Ricardo S~nchez or myself at
361-289-27:t2.
Linda Watson
General Manager
CC:
Ron Massey, City of Corpus Christi
Mary Frances Teniente, City of Corpus Christi
David Seiler, RTA
Elias Sissamis, RTA
Kevin Stowers, City of Corpus Christi
Ricardo A. S~nchez, RTA
Sylvia Martinez, RTA
Sharon Mo~*^~ o~-^
EXHIBIT "B"
-64- Page 2 of 3
UNIMPROVED LEOPARD STOPS
SITE LOCATION CONSTRUCTION ESTIMATE RUNNING TOTAL
1 Leopard @ Navigation (Outbound) $45,540.00 $45,540
2 Leopard @ Old Robstown (Inbound) $20,930.00 $66,470
3 Leopard @ Lantana (inbound) $14,145.00 $80,615
4 Leopard@ Lantana{Outbound) $23,104.00 $103,719
5 Leopard @ Clarkwood Rd. (Outbound) $18,630.00 $122,349
6 Leopard@ Lancaster(Inbound) $18,630.00 $140,979
7 Leopard @ Van Cleve (Inbound) $18,630.00 $159,609
8 Leopard @ McBdde (Outbound) $31,050.00 $190,659
9 5330 Leopard (Oulbound, Valley Motel) $20,930.00 $211,589
10 5533 Leopard (Inbound, Astor Restaurant) $30,130.00 $241,719
11 5544 Leopard (Outbound, cherntex) $31,050.00 $272,769
12 Leopard @ Buddy Lawrence (Outbound) $25,070.00 $297,839
13 Leopard @ Old Robstown (Outbound) $14,145.00 $311,984
EXHIBIT "B"
Page 3 of 3
-65-
ORDINANCE
APPROPRIATING $500,000 INTO THE STREET CIP FUND NO.
3530 FROM THE REGIONAL TRANSPORTATION AUTHORITY
(RTA) FOR THE RTA 2003 SPECIAL PROJECTS PROGRAM;
AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY
ORDINANCE 025144 TO INCREASE FUND 3530
APPROPRIATIONS BY $500,000; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $500,000 from the Regional Transportation Authority (RTA) is
appropriated into the Street CIP fund No. 3530 for the RTA 2003 Special Projects
Program.
SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No.
025144 is amended to increase Fund 3530 appropriations by $500,000.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
__ day of ,2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 8, 2003
Lisa Aguila~__~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-66-
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 3
with King Isles, Inc. of Corpus Christi, Texas in the amount $667,105.25 for the Street
Resurfacing project on:
· Ayers Street (SPID to Port Avenue) and
· Gollihar Road (Crosstown to Kostoryz)
ISSUE:
This project will extend pavement overlay, water and wastewater beyond the area of
the original project and will include RTA participation for asphalt improvements to
enhance crosswalk transitions on Ayers and Port Streets.
FUNDING:
Funding for this project is available in the FY 02 -03 Street, Water and Wastewater
Capital Improvement Program Budgets.
CONCLUSION AND RECOMMENDATION:
Approval of the motions are recommended to award Change Order #3 and proceed
with necessary street and utility work.
£
~'ng~el R. _Escobar, P. E.,
'Director of Engineering Services
Attachments:
Exhibit "A" Background
Exhibit"B" Change Order Summary
Exhibit"C" Location Maps
H:\HOME\LYNDAS\GEN\Streets~000 Bond Issue\C-4\Change ~-~3~AGENDA MEMO.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT:
Street Resurfacing
Up River Road (IH 37 to Leopard Street)
Ayers Street (SPID to Port Avenue)
Gollihar Road (Crosstown to Kostoryz)
Bond Issue 2000 Project No. C-4
PRIOR COUNCIL ACTION:
1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
2. April 24, 2001 - Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $519,000 with LNV, Inc. d.b.a. Smith,
Russo & Mercer for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue); and,
· Gollihar Road (Crosstown to Kostoryz) (M2001-160)
3. December 11, 2001 - Motion authorizing the City Manager or his designee to
execute Amendment No. 2 to an engineering services contract in the amount of
$125,950 with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the
following sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue);
· Gollihar Road (Crosstown to Kostoryz), and
· Mission Center Sanitary Sewer Relocation
4. January 15, 2002 -.Approval of the FY 2001 - 2002 Capital Improvement Budget
for $152,674,800. (Ordinance No. 024730)
5. June 18, 2002 - Motion authorizing the City Manager or his designee to execute
Amendment No. 4 to an engineering services contract in the amount of $238,860
with LNV, Inc. d.b.a. Smith, Russo & Mercer for Street Resurfacing at the following
sites:
· Up River Road (IH 37 to Leopard);
· Ayers Street (SPID to Port Avenue);
· Gollihar Road (Crosstown to Kostoryz), and
· Mission Center Sanitary Sewer Relocation
6. May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute
Change Order Number #1 with King-Isles, Inc. in the amount of $147,073.00 for the
Intersection Approach Improvements at Waldren Road.
EXHIBIT "A"
Page 1 of 3
PRIOR ADMINISTRATIVE ACTION:
1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08
(Public Health and Safety, Parks and Recreation, Street Improvement Projects) to
73 local architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No.
2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement
Projects) to 73 local architectural and engineering firms.
4. June 22, 2001 - Administrative approval of Amendment No. 1 to the Agreement for
Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount of
$14,995 for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard)
· Ayers Street (SPID to Port Avenue)
· Gollihar Road (Crosstown to Kostoryz)
5. January 28, 2002 - Administrative approval of Amendment No. 3 to the Agreement
for Professional Services with LNV, Inc. d.b.a. Smith, Russo & Mercer in the amount
of $2,200 for Street Resurfacing at the following sites:
·Up River Road (IH 37 to Leopard)
· Ayers Street (SPID to Port Avenue)
· Gollihar Road (Crosstown to Kostoryz)
July 31,2003 - Administrative approval of Change Order No. 2 with King Isles, Inc.
in the amount of $22,600 for Street Resurfacing at the following sites:
· Up River Road (IH 37 to Leopard)
· Ayers Street (SPID to Port Avenue)
FUTURE COUNCIL ACTION: Nothing Anticipated
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
-71-
EXHIBIT "A"
Page 2 of 3
CHANGE ORDER DESCRIPTION:
ITEM 1: Ayers Construction Extension from Port Avenue to Horne Road
Ayers construction extension from Port Avenue to Horne Road will provide an overlay of
the existing street after 12' outside lane pavement repairs are completed. This overlay will
tie into the existing concrete crosswalks that were installed by the Regional Transportation
Authority, thus creating a smoother riding surface, including valve and manhole
adjustments and related lane striping.
ITEM 2: Waterline Replacement for Ayers Construction Extension
In conjunction with the overlay, an existing 8" waterline will be abandoned and a new 8"
waterline will be installed on Ayers Street. This replacement of the existing waterline will
provide a more reliable service in this area than the existing waterline.
ITEM 3: Horne near Ayers Wastewater Point Repair
The wastewater work on Horne Road near Ayers is a necessary point repair project. Upon
investigation by City staff, a partially collapsed line was discovered in this area. This point
repair will correct this deficiency and restore integrity to this line.
ITEM 4: Mission Plaza ShoppinR Center Wastewater Rehabilitation Project
The Mission Plaza Shopping Center Wastewater rehabilitation will provide new sanitary
sewer service to this area and enable the City to abandon an existing lift station. This
abandonment of the lift station will save the City operation and maintenance costs and
provide better service to the tenants of the shopping center. Additional work to the Mission
Plaza Shopping Center rehabilitation will include approximately 2,045 if of 12" PVC and
148 If of 8" PVC that will replace approximately 1,800 If of existing 8" VCP pipe. Work will
also include approximately 1,700 LF of 10" and 8" CIPP including rehabilitation of a line
under the Crosstown Expressway.
EXHIBIT "A"
Page 3 of 3
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
October 14, 2003
PROJECT: C-4 Street Resurfacing and Utility Improvements
Part B - Ayers Street / Gollihar Road
APPROVED: City Council on 10/08/02 - Motion No. M2002-334
CONTRACTOR: King-Isles, Inc.
1641 Goldston Road
Corpus Christi, Texas 78409
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1 (05/13/03) .....................
Change Order No. 2 (07/31/03) ...................
Change Order No. 3 (10/14/03) ...................
Total ..........................................................
$4,981,673.00
1,245,418.25
147,073.00
22,600.00
667,105.25
836,778.25 = 16.80< 25%
EXHIBIT "B
Page 1 of 1
-73-
Z
CROSSTOWN EXPRESSWAY
ITEM #1
PROP HMACP OVERLAY
W/ 12' PAVEMENT
REPAIR N OUTSIDE LANES
CITY OF CORPUS CHRISTI
C-4 STREET RESURFACING &:: UTILITY IMPROVEMENTS
ITEM #1
AYERS STREET RESURFAClNG & PAVEMENT REPAIR
-74-
CROSSTOWN EXPRESSWAY '
. - REPAIR ON EXISTING E~/ERLINE
AS PART OF 6-4 PRO~JECT
~ ~- \~ PROP 8 WATERLINE
/
............. ,*¥ERS S,T, REE-r
--' l- T~ ~-
CITY OF CORPUS CHRISTI
C-4 STREET RESURFACING &: UTILITY IMPROVEMENTS
ITEM #2 & #3
AYERS STREET 8" WATERLINE EXTENSION
8" WASTEWATER POINT REPAIR ON HORNE
-75-
LOT 4A
,~LOT 4C
EXISTING SEWERLINE TO RECEIVE
i
CURED IN PLACE PIPING
~ EXISTING LIFT STATION TO BE ELIMINATED '~ ~ CROSSTOWN EXPRESSWAY
~' S~ERUN[ PAISL~S SUeD,VIS,ON Il I
OF' THE HOFFMAN ¢
TRACT, A PORTION OF~ll
TRACT D LOT 10 tl
LOT 4B
PROPOSED
12" SEWERLINE
LOT 3C
AYERS ST.
LOT 2
BLOCK 2
3LOCK 2
LOT 1 lA
CITY OF CORPUS CHRISTI
C-4 STREET RESURFACING &:: UTILITY IMPROVEMENTS
ITEM #4
MISSION CENTER WASTEWATER
REHABILITATION PROJECT
-76-
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
a) Recommendation of an Ordinance authorizing the City Manager, or his designee, to execute a
lease agreement with United States Postal Service for the operation of U.S. Postal Services at the
Corpus Christi international Airport for an Annual Rental Payment of $13,840, for a period not to
exceed twelve months; and declaring an emergency.
b) Recommendation of an Ordinance authorizing the City Manager, or his designee, to execute a
lease with United States Postal Service to lease space containing approximately 463 square feet
located in the cargo facility for the operation of U.S. Postal Services in consideration of an annual rental
payment of $13,840.00, for a term of fifty-four months.
ISSUE:
The United States Postal Service (Postal Service), either through its employees or agents, delivers and
picks up mail to airlines operating at CCIA. The terminal reconstruction project included a cargo
building (former baggage claim area), complete with loading ramp, for just such operations to facilitate
deliveries and pick-ups and reduce the number of personnel and vehicles in the secured areas of the
Airport.
REQUIRED COUNCIL ACTION:
Council approval as requested.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
The Airport Board recommends approval of this item.
Attachments:
Exhibit A - Background Information
Exhibit B - Lease Summary
Department Head Signature
-79-
BACKGROUND INFORMATION
Currently the United States Postal Service (Postal Service) delivers and picks up mail to airlines serving
Corpus Christi International Airport. Due to the amount and weight of the mail, as well as the layout of
the old facility, this is done adjacent to the airlines baggage makeup areas, which is inside the secured
area of the airport and allows vehicular and pedestrian traffic access to the commercial aircraft.
The terminal reconstruction project converted the temporary baggage claim area to a cargo pick up and
delivery area, complete with a loading dock, thus eliminating the need for delivery and pick-up
personnel to access the secured area of the airport.
CClA has developed square foot rental rates for different areas of the facility and the Postal Service
has agreed to lease 463 square feet of the facility for 4 ¼ years with a 4 ~ year renewal option both at
$13,840.00 per year.
ExhibitA ]
-80-
Lease Summary
This is a standard short and long term lease as required by Charter for leases over one year in
duration. The short term lease will be effective upon Council approval and their declaring an
emergency. The long term lease will be effective upon the 61st day following approval at the
second reading, which must follow the first reading by at least 28 days.
The lease is for 493 square feet of space. The annual square foot rental rate is $29.89 or
$13,840 per year. The airport will provide heating, air conditioning, and standard electricity.
The lease is for four years and six months with an additional 4 ¼ year term to be approved by
the City Manager or his designee.
-81-
Exhibit B
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A LEASE AGREEMENT WITH UNITED STATES POSTAL SERVICE FOR
THE OPERATION OF U.S. POSTAL SERVICES AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT FOR AN ANNUAL RENTAL
PAYMENT OF $13,840.00, FOR A PERIOD NOT TO EXCEED TWELVE
MONTHS; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Lease Agreement with United States Postal Service for the operation of U.S. Postal
Services at the Corpus Christi International Airport for annual rental payment of
$13,840.00, for a period not to exceed twelve months.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at two regular meetings so that this
ordinance is passed and shall take effect upon first reading as an emergency measure
this the __ day of ,2003.
Attest:
The City of Corpus Christi
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: October 7, 2003
~h~ P. Burke
kC/ssistant City Attorney
for City Attorney
H:~LEG-DIR\Shinda~JOHN~US Postal Setwice 12 mos lease wpd
-82-
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A LEASE WITH UNITED STATES POSTAL SERVICE
TO LEASE SPACE CONTAINING APPROXIMATELY 463
SQUARE FEET LOCATED IN THE CARGO FACILITY FOR THE
OPERATION OF U.S. POSTAL SERVICES IN CONSIDERATION
OF AN ANNUAL RENTAL PAYMENT OF $13,840.00, FOR A
TERM OF UP TO FIFTY-FOUR MONTHS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to
execute a lease with United States Postal Service to lease space containing
approximately 463 square feet located in the cargo facility for the operation of U.S.
Postal Services in consideration of an annual rental payment of $13,840.00, for a term
of up to fifty-four months.
-83-
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Ordinance appropriating $491,776.58 in Airport 2000A CIP Fund 3024 from FY 2001-2002 and FY
2002-2003 unreserved fund balance; transferring $491,776.58 into the Airport 2000A Debt Service
Fund 4640 for debt service payments on Airport Improvements; amending FY 2002-2003 Capital
Budget adopted by Ordinance No. 025144 to increase appropriations by $491,776.58; and declaring an
emergency.
ISSUE:
This ordinance will allow the appropriation of the interest income which shall be used for the payment of
debt service on 2000A Series Bond.
REQUIRED COUNCIL ACTION:
Approval of Ordinance.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
Funds are available in Airport 1990 CIP Fund 3024 $491,776.58
CONCLUSION AND RECOMMENDATION:
Staff recommends approval.
Attachments:
Exhibit A: Background
Department Head Signature
-87-
BACKGROUND INFORMATION
BACKGROUND: The interest income from the proceeds of this bond issue in this fund has not been
appropriated. This is interest that has accumulated in this fund. This ordinance will allow the
appropriation of the interest income which shall be used for debt service payments on 2000A series
bond.
-88-
ORDINANCE
APPROPRIATING $491,776.58 IN AIRPORT 2000A ClP FUND 3024
FROM FY 2001-2002 ANDFY 2002-2003 INTEREST INCOME;
TRANSFERRING $491,776.58 INTO THE AIRPORT 2000A DEBT
SERVICE FUND 4640 FOR DEBT SERVICE PAYMENTS ON AIRPORT
IMPROVEMENTS; AMENDING FY 2002-2003 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $491,776.58; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $491,776.58 in Airport 2000A CIP Fund is appropriated from FY
2001-2002 and FY 2002-2003 interest income to transfer $491,776.58 into the Airport
2000A Debt Service Fund 4640 for debt service payments on airport improvements.
SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $491,776.58.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2003.
ATTEST
THEClTYOFCORPUSCHRISTI
Armando Chapa
City Secretary
Approved: October 8, 2003
Lisa Aguilar~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-89-
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Ordinance appropriating $464,312.49 in Airport 2000B CIP Fund 3025 from FY 2001-2002 and FY
2002-2003 unreserved fund balance; transferring $464,312.49 into the Airport 2000B Debt Service
Fund 4641 for debt service payments on Airport Improvements; amending FY 2002-2003 Capital
Budget adopted by Ordinance No. 025144 to increase appropriations by $464,312.49; and declaring an
emergency.
ISSUE:
This ordinance will allow the appropriation of the interest income which shall be used for the payment of
debt service on 2000B Series Bond.
REQUIRED COUNCIL ACTION:
Approval of Ordinance.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
Funds are available in Airport 1990 CIP Fund 3025
$464,312.49
CONCLUSION AND RECOMMENDATION:
Staff recommends approval.
Attachments:
Exhibit A: Background
Department Head Signature
-93-
BACKGROUNDINFORMATION
BACKGROUND: The interest income from the proceeds of this bond issue in this fund has not been
appropriated. This is interest that has accumulated in this fund. This ordinance will allow the
appropriation of the interest income which shall be used for debt service payments on 2000B series
bond.
-94-
ORDINANCE
APPROPRIATING $464,312.49 IN AIRPORT 2000B ClP FUND 3025
FROM FY 2001-2002 AND FY 2002-2003 INTEREST INCOME;
TRANSFERRING $464,312.49 INTO THE AIRPORT 2000B DEBT
SERVICE FUND 4641 FOR DEBT SERVICE PAYMENTS ON AIRPORT
IMPROVEMENTS; AMENDING FY 2002-2003 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $464,312.49; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $464,312.49 in Airport 2000B CIP Fund is appropriated from FY
2001-2002 and FY 2002-2003 interest income to transfer $464,312.49 into the Airport
2000B Debt Service Fund 4641 for debt service payments on airport improvements.
SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $464,312.49.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2003.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: October 8, 2003
Lisa Aguila~)
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-95-
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund
Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the
Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY
2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848;
and declaring an emergency.
ISSUE:
Additional Passenger Facility Charge (PFC) funds need to be appropriated for the debt service
expenditure and year end accrual for the Series 2000A and 2000B Bonds. The original financing plan
included the utilization of PFC revenue for repayment of the bonds, as well as Operating Funds and
Capitalized Interest.
REQUIRED COUNCIL ACTION:
Approval of the Ordinance as presented.
PREVIOUS COUNCIL ACTION:
1. September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00
per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31,
1997 (Ord. 021483)
2. September 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31,
1998 (Ord. 023057)
3. December 18, 1997 - Ordinance to submit an application (No. 2) to FAA to collect and use a
Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years
beginning June 1, 1998 (Ord. 023165)
4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge
application increasing the allowable collections and extending the collection period to April 1, 2023.
(Ord. 024603)
5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge application
reimbursement to the city for approved PFC funded projects previously paid from Airport Capital
Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project.
(Ord. 024585)
5. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge
application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to
January 1,2027. (Ord. 025166)
6. March 25, 2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621;
transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport
2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY
2002-2003 Capital Budget adopted by Ordinance no. 025144 to increase appropriations by $995,812;
-99-
and declaring an emergency
FUNDING:
Funds are available in Passenger Facility Charge Fund 4621 $509,474
CONCLUSION AND RECOMMENDATION:
Staff recommends approval.
Department Head Signature
Attachments:
Exhibit A: Background
-100-
BACKGROUNDINFORMATION
BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC)
Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the
application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin
July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has
been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was
approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes
and/or budgets for completed, in-progress, or pending Capital Improvement Projects at CCIA.
Revisions to the PFC Application were required to suppod the Council-adopted Airport Capital
Improvement Program, including the Terminal Construction Program, and the corresponding General
Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were
adjusted to reflect actual expenditures.
This transfer will balance the Bond Debt Service Funds at year end.
Exhibit A I
-101-
ORDINANCE
APPROPRIATING $508,848 IN PASSENGER FACILITY CHARGE
FUND 4621 FROM FUND BALANCE; TRANSFERRING $489,201 INTO
THE AIRPORT 2000A DEBT SERVICE FUND 4640 AND $19,647 INTO
THE AIRPORT 2000B DEBT SERVICE FUND 4641 FOR DEBT
SERVICE PAYMENTS ON AIRPORT IMPROVEMENTS; AMENDING FY
2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026144
TO INCREASE APPROPRIATIONS BY $508,848; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $508,848 in Passenger Facility Charge Fund is appropriated from
fund balance to transfer $489,201 into the Airport 2000A Debt Service Fund 4640 and
$19,647 into the Airport 2000B Debt Service Fund 4641 for debt service payments on
airport improvements.
SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $508,848.
SECTION'3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2003.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: October 8, 2003
Lisa Aguilar U
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-102-
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Ordinance appropriating $5,589 in Federal/State Grants Fund 1050 from unreserved fund
balance for law enforcement training; amending FY 2003-2004 operating budget adopted by
Ordinance No. 025394 to increase appropriations by $5,589; and declaring an emergency.
ISSUE:
The Federal/State Grant is awarded by the State Comptroller's Office to each law enforcement agency
in the state for training, equipment and other non-payroll expenditures. The amount given to the Airport
is $5,589 which will be used for training.
REQUIRED COUNCIL ACTION:
Approval of the Ordinance as presented.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
CONCLUSION AND RECOMMENDATION:
Staff recommends approval.
Attachments:
Exhibit A: Background
Department Head Signature
-105-
BACKGROUND INFORMATION
Background: The grant money comes from the State Comptroller's Office and is awarded to
each law enforcement agency in the state for training, equipment and other non-payroll
expenditures. The amount is dependent on the number of certified law enforcement positions
that an agency has on staff. This is an annual award that requires the Public Safety Chief to
apply for and is received with a grant check.
-106-
ORDINANCE
APPROPRIATING $5,589 IN AIRPORT GRANTS FUND 1055 FOR LAW
ENFORCEMENT TRAINING; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $5,589 in Airport Grants Fund 1055 is appropriated from fund
balance for law enforcement training purposes.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2003.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: October 8, 2003
Lisa Aguilar~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-107-
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14, 2003
AGENDA ITEM:
Ordinance appropriating $48,000 in Airport Capital Reserve Fund 4611 from fund balance for
vehicles for the Airport; amending FY 2003-2004 operating budget adopted by Ordinance No.
025394 to increase appropriations by $48,000; and declaring an emergency
ISSUE:
The Airport is in need of a new 8-Passenger Van for transporting passengers to and from the terminal
and for the ground transportation operations at the Airport as well as a SUV for the Public Safety
Division to replace an older vehicle. The funds in the Airport Capital Reserve Fund are for the
replacement and acquisition of capital assets.
REQUIRED COUNCIL ACTION:
Approval of the Ordinance as presented.
PREVIOUS COUNCIL ACTION:
None
FUNDING:
Funds are available in the Airport Operating Fund 4610 $45,000
CONCLUSION AND RECOMMENDATION:
Staff recommends approval.
Attachments:
Exhibit A: Background
Department Head Signature
-111-
BACKGROUND INFORMATION
BACKGROUND: During the past few years we have deferred purchasing new vehicles for the Public
Safety section and have been able to work with vehicles that have been turned in by other
departments. The conditions of these vehicles are now such that the maintenance costs and downtime
dictate that they need to be replaced. One of the vehicles being replaced recently experienced an
engine fire.
-112-
Exhibit A
ORDINANCE
APPROPRIATING $48,000 IN AIRPORT CAPITAL RESERVE FUND
4611 FROM FUND BALANCE FOR VEHICLES FOR THE AIRPORT;
AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY
$48,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $48,000 in Airport Capital Reserve Fund is appropriated for the
purchase of two vehicles for parking and ground transportation and public safety use.
SECTION 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $48,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of ,2003.
ATTEST THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: October 7, 2003
Lisa Aguilar ~)
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-113-
15
CITY COUNCIL
AGENDA MEMORANDUM
Date: September 26, 2003
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the
amount of $26,597 from the State of Texas, Criminal Justice Division for fourth
year funding for the Computer Forensics Specialist grant and to execute all
related documents.
B. Ordinance appropriating $26,597 from the State of Texas, Criminal Justice
Division in the No. 1061 Police Grants Fund for fourth year funding for the
Computer Forensics Specialist grant, appropriating $5,816 from the No. 1061
Law Enforcement Trust as grant matching funds, and transferring $28,225 from
the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant
Fund as grant matching funds.
ISSUE: The State of Texas, Criminal Justice Division, under the Criminal Justice
Planning Fund, has approved fourth year funding to continue the Computer Forensics
Specialist grant; the grant must be accepted and funds appropriated.
BACKGROUND INFORMATION: The grant has enhanced the capabilities of the
CCPD in the areas of prevention, investigation, and prosecution of computer-facilitated
crime, especially in cases involving computer based sexual exploitation of children.
The civilian specialist extracts evidence pertaining to computer crimes, provides
technical support and training to investigators and field officers on computer crime
indicators, initial search and seizure requirements and procedures, and provides expert
testimony on computer crimes. The computer forensics specialist, being an expert in
computers, the Intemet, and various types of cyber crime, also gives presentations on
cyber crime prevention to various organizations and design and implement prevention
strategies for children and their families on the safe use of the Interact and other forms
of online communication.
REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating the
funds.
PREVIOUS COUNCIL ACTION: Approval to submit the grant application on 01 I14~03.
FUNDING: The State provides $26,597, the City $28,225, and the Law Enforcement
Trust $5,816. The State provides salaries and benefits for one civilian Computer
Forensics Specialist up to an allowable $26,597 for Year 4 funding. The City funds
provide for the remaining salary, benefits, equipment, supplies and training. The grant
is on a five-year funding schedule with this year being the fourth year.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant
award.
Chief of Police
-117-
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
GRANT ACCEPTANCE NOTICE
SF-04-A10-15416-04 Corpus Christi, City of Computer Forensics Specialist
Grant Acceptance:
This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (C JO}
by October 31, 2003.
1. I ce~fy that I am authorized by the applicable governing body to accept, dectine, alter, or terminate this grant on behalf of the grantee.
2. if the grantee is not a state agency and the current authorized official is not accounted for in the resolution on file at CJD, I certify that a
new resolution has been included with the acceptance of this grant or will be submitted prior to the collection of grant funds.
3. I agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the
adoptions by ref~rance therein.
4. I understand that the grantee is obligated to provide applicable match, as required by the terms of the grant,
5. I understand that a violation of any term of the grant may result in CJD ptacJng a temporary bold on grant funds, permanently de-
obligating all or part of the grant funds, requiring reimbursement for funds already spent, and/or barring the grantee from receiving future
CJD grant funds.
6. I understand that grant funds may be wtthheld until all special conditions placed on this grant are satisfied.
7. I understand that each grant official position must be occupied by a different individual.
8. I understand that any of the three grant officials may request adjustments to the grant.
9. I understand that CJD must be notified in writing of any grant official change, which must include a sample signature of the new grant
official
The authorized o#icial for this grant must indicate agreement by signing the Acceptance Notice. The grantee will not
be eligible for any grant funds until this notice is executed and returned to CID.
Signature of Authorized Official
Date
Verification of Information and Sample Signatures:
The grantee must verify all of the grant official's identifying information as listed below. If the information for any of the three officials is
incorrect, complete the Designation of Grant Officiats Form found at http://www.governor.state.b(.us, and return to CJD.
[] YES Select YES if the all of the information below is correct, sign, and return to CJD.
[] NO Select NO if any of the information below is incorrect, use the Designation of Grant Officials Form to notify CJD of the updated
information ONLY, sign, and return both eempleted forms to CJD.
Authorized Official
Name: Ur. Cc'.~ Cc;:.::. ~;t~' 6,'°- {~./l~JO~...~ Position: City Manaper
Address: Post Office Box 9277, City/St/Zip: Corpu~ Christi, Texas 784699277
Phone: (3611 860 .g¢CC3~..0 Fa~L.~i) ~"~10 ..:a~:.~q Emal,:
Project Director
Name: Chief Pete Alvarez. Jr. Position: Chief of Police
Address: Post Office Box 9016, City/St/Zip: Corsus Christi. Texas 78469
Phone: (3611 886-2604 Fax: (3611 886-2607 Email:
Dat
Financial Officer
Name:~? constance P. Sanchez
Address: Post Office Box 9277,
Phone: ~361 ) 880-3610 Fax:
~'361i 880-7320
Position:
City/St/Zip:
Email:
-~im-~nanclal Services Director
Comus Christi. Texas 78469
Signature of Financial Officer
Date
CJD Grant Manager:Switzer, Judy
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
-118-
DESIGNATION OF
RANT OFFICIALS
(page 1 ofl)
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISIQN
P.O. Box 12428
Austin, Texas 78711
512-463-1919
Fax: 512-475-2042
www.governor.slate.tx.u s
LEGAL NAME OF AGENCY: City of Corpus Christi
i PROJECT TITLE: Computer Forensics Specialist I
[] Mr.
[] Ms.
Project Direcfor Name (Type or Print) Title and Agency
P. Alvarez, Jr. Chief of Police, Corpus Christi Police Department
IOfficial Agency Mailing Address E-Mail Address
P. O. Box 9277, Corpus Christi, TX 78469 petea@cctexas.com
Daytime Telephone Number Extension Fax Number
3618862604 3618862607
[] ~as.
Financial Officer Name (Type or Print) Title and Agency
Conshance Sanchez Financial Services Director, City of Corpus Christi
Official Agency Mailing Address E-Mail Address
P. O. Box 9277, Corpus Christi, TX 78469 constancep~cctexus.com
Daytime Telephone Number Extension Fax Number
3618803610 3618807320
[] Ms.
Aufhorized Official Name (Type or Print) Tide and Agency
George K. Noe City Manager, City of Corpus Christi
Official Agency Mailing Address E-Mail Address
P. O. Box 9277, Corpus Christi, TX 78469 georgen~cctexas.com
Daytime Telephone Number Extension Fax Number
3618803220 3618803839
-119-
RICK PEIIRY
GOVERNOR
OFFICE
OF THE GOVERNOR
September 16, 2003
Mr. David Garcia
Corpus Christi, City of
Post Office Box 9277
Corpus Christi, Texas 78469-9277
Dear Mr. Garcia:
I am pleased to announce a grant award for $26,597 to your organization for the following
project: Computer Forensics Specialist.
My Criminal Justice Division is working to ensure that communities throughout the state
receive the resources to make Texas a safer place. CJD-funded programs promote help and
healing for crime victims, provide safe places and positive role models for young Texans,
enfome laws that protect citizens and expand training opportunities for Texas criminal justice
professionals. Your project contributes to these efforts.
The attached Statement of Grant Award contains more specific information about your award.
Please call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank
you for your work and best wishes for a successful project.
Sincerely,
Rick Perry
Governor
RP:kcn
15416-04
POST OFF~CE BOX 12428 AUSTIN, TEX~S 78711 (512) 463-2000 (VOICE)/DLqL 7-1-1 FOR ~Y StKRmCF3
-120-
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
S F-04-A10-15416-04
Corpus Christi, City of
Computer Forensics Specialist
09/01/2003 - 08/31/2004
SF-State Criminal Justice Planning (421) Fund
CJD Award:
Grantee Cash Match:
Grantee In-Kind Match:
Total Project Cost:
$26,597
$34,041
$0
$60,638
The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The
approved budget is reflected in the attached Budget Summary. This grant is subject to and
conditioned upon acceptance of the Governor's Cdminal Justice Division's rules in Title I, Part I,
Chapter 3, Texas Administrative Code. Applicable special conditions are cited below. By signing and
submitting the Grantee Acceptance Notice to CJD, the grant officials accept the responsibility for the
grant project and certify their agreement to the conditions of grant funding.
Special Conditions and Requirements:
Other Condition(s) of Funding:
CJD has made the following changes to the budget in order to process the award: 1) Forensic
Seminar Conference Fees at $100 was moved to the Travel and Training category, 2) Only items
with a value of $1,000 and higher OR items that you choose to capitalize should be shown in the
Equipment category. All of the noted items in this category totaling $3,000 have been moved to
one line item in Supplies labeled "Computer and Electronic Accessories".
Required Attachments:
Resolution
According to the Texas Administrative Code, Section 2.2021 (3) the resolution must contain a
designation by title of an authorized official who is given the power to apply for, accept, reject,
alter or terminate a grant. The resolution you submitted with your application does not contain
this designation; therefore, you must submit a revised resolution that designates an authorized
2004-Criminal Justice
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
-121-
Grant Number:
Grantee:
Project Title:
Grant Period:
Funding Source:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
SF-04-A10-15416-04
Corpus Christi, City of
Computer Forensics Specialist
09/01/2003 to 08/31/2004
SF-State Criminal Justice Planning (421) Fund
Region:
Date:
2000
09/18/03
CJD Cash Match In-Kind
A. Personnel: $26,597 $28,225 $0
B. Contractual: $0 $0 $0
C. Travel: $0 $1,150 $0
D. Equipment: $0 $0 $0
E. Construction: $0 $0 $0
F. Supplies: $0 $4,666 $0
G. Indirect: $0 $0 $0
Total: $26,597 $34,041 $0
TOTAL
$54,822
$0
$1,150
$o
$o
$4,666
$0
$60,638
Budget Detail:
A. Computer Forensics Specialist (100%) $43,875
Fringe $10,947
C. In-State Travel and Training $1,150
Computer and Electronic Accessories $3,000
Office Supplies $900
DVD Backup Media $220
Communication Costs $96
Postage $'i 00
Internet Connection $350
2004-Criminal Justice
Post Office Box 12428, Austin, Texas 78711 (512) 463-19'19
-122-
ORDINANCE
APPROPRIATING $26,597 FROM THE STATE OF TEXAS,
CRIMINAL JUSTICE DIVISION, IN THE NO. 1061 POLICE
GRANTS FUND FOR FOURTH YEAR FUNDING FOR THE
COMPUTER FORENSICS SPECIALIST GRANT;
APPROPRIATING $5,816 FROM THE NO. 1061 LAW
ENFORCEMENT TRUST AS GRANT MATCHING FUNDS, AND
TRANSFERRING $28,225 FROM THE NO. 1020 GENERAL
FUND AND APPROPRIATING IT IN THE NO. 1061 POLICE
GRANT FUND AS MATCHING GRANT FUNDS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $26,597 grant from the State of Texas, Criminal Justice
Division is appropriated in the No. 1061 Police Grants fund for fourth year
funding for the Computer Forensics Specialist grant.
SECTION 2. That $5,816 is appropriated from the No. 1061 Law Enforcement
Trust as grant matching funds and transferring $28,225 from the No. 1020
General Fund and appropriated in the No. 1061 Police Grant fund as matching
grant funds.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
__ day of ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: October 7, 2003
Lisa Aguilar~j~*~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-123-
16
CITY COUNCIL
AGENDA MEMORANDUM
DATE: September 6, 2003
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with Valero Refining-Texas, L.P. for the right to install, operate, maintain, and
remove 2- 4" steel pipe casings containing fiber optic conduits, across nine (9) city public street
rights-of-way (ROW) as follows: Dunn Meaney Road, 135' south of Up River Road ROW, Lantana
Road, 114' south of Up River Road ROW, McBride Road, 450' south of Up River Road ROW, Up
River Road, 40' east of McBride Lane ROW, McBride Lane, 135' south of Up River Road ROW, Up
River Road ROW (STA. 105+91 ), Dunn Lane, 483' south of Up River Road ROW, Navigation Blvd.,
354' south of Up River Road ROW, Up River Road, 488' southwest of Savage Lane ROW, and one
6" steel pipe casing with two fiber optic conduits within the casing, along the Up River Road ROW
(STA. 67+56.1 to STA. 90+74); establishing a fee of $11,747.70; and declaring an emergency.
ISSUE: Valero Refining-Texas, L.P., has submitted a request to install 2-4" fiber optic casings with
fiber optic conduits across nine (9) city public street rights-of-way and one 6" steel pipe casing with
fiber optic conduits along the Up River Road ROW, to interconnect the east and west Valero
facilities.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
of public right-of-way for private purposes,
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Margie C. Rose, Assistant City Manager
Acting Director of Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
Exhibit D - Fee Summary
-127-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Valero Refining-Texas, L.P. has requested a Use Privilege Agreement (UPA) from the City to install,
operate, repair, replace, and maintain, two 4" diameter steel pipe casings containing one fiber optic
conduit in each casing across nine city public street rights-of-way (ROW) totaling approximately 636
L.F. per casing, with an additional 2,317.90 L.F. of one 6" diameter steel pipe casing with two
conduits within the casing, running parallel within the Up River Road (Sta. 67+56.10 to Sra. 90+74)
street right-of-way, for an overall total of approximately 3,589.90 L.F.
Valero Refining-Texas, L.P. is installing the steel pipe casings and fiber optic conduits at the same
time that they install 4-6" pipelines, 4-8" pipelines, and 1-10" pipeline (all carrying refined products),
along the same street crossings and Up River Road ROW location. Valero has been granted a
Revocable Easement from the City for the installation of the 9 pipelines (carrying refined products)
and is requesting the Use Privilege Agreement for the installation of the steel pipe cas!rigs and fiber
optic conduits, to install all the pipes at the same time bundled together.
Valero plans two substantially long underground directional drills for Up River Rd. and the Javelina
Plant, to install several interconnecting pipelines between the east and west Valero facilities. The
pipe drills are 2,400-feet and 900-feet long respectively. Therefore, it will necessary to close the
Lantana Road, McBride Lane, and Dunn-Meaney street rights-of-way for a brief pedod of time to
accommodate stringing several pipelines and pulling them into the underground ddll. It is proposed
that the Lantana Road, and the McBride Lane street rights-of-way, be closed for a pedod "not to
exceed" three days (Lantana Rd., Oct. 17 thru 19, 2003), and (McBride Ln., Nov. 14 thru 16, 2003)
to allow for the remaining welding and the pipe pull (into the ddll). Valero is requesting that Dunn-
Meaney which is a dead-end road, with no private owner access way, be closed for seven days
(October 13 thru 19, 2003) to complete their task. In the event there is a possible delay in the pull,
a crane bddge (w/pipe cradles) would be created across the affected read to restore traffic as pipe
pull is finished.
Valero Refining-Texas, L.P. will own the steel pipe casings and fiber optic conduits and all
improvements and will be solely responsible for all maintenance and removal of the casings and
conduits. An Engineering Permit will be required for any future maintenance and removal of the
steel casings and fiber optic conduits that are installed within the city street right-of-way.
All City and private franchised utilities were contacted regarding this UPA. None had any
objections, provided the applicant meets the specified conditions set out in the UPA. The applicant
has been advised and concurs with all the conditions of the Use Privilege Agreement.
A one-time fee of $11.747.70 is being recommended for the UPA (See attach "Exhibit D").
EXHIBIT A
-128-
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH VALERO
REFINING-TEXAS, L.P. FOR THE RIGHT TO INSTALL, OPERATE,
MAINTAIN AND REMOVE TWO 4" STEEL PIPE CASINGS
CONTAINING FIBER OPTIC CONDUITS UNDER NINE (9) CITY
PUBLIC STREET RIGHTS-OF-WAY AS FOLLOWS: DUNN MEANEY
ROAD, 135' SOUTH OF UP RIVER ROAD ROW; LANTANA ROAD,
114' SOUTH OF UP RIVER ROAD ROW; MCBRIDE LANE, 480' SOUTH
OF UP RIVER ROAD ROW; UP RIVER ROAD, 40' EAST OF MCBRIDE
LANE ROW; MCBRIDE LANE 136' SOUTH OF UP RIVER ROAD ROW;
UP RIVER ROAD ROW (STA. 105+91); DUNN LANE, 483' SOUTH OF
UP RIVER ROAD ROW; NAVIGATION BLVD., 354' SOUTH OF UP
RIVER ROAD ROW; UP RIVER ROAD, 488' SOUTHWEST OF SAVAGE
LANE ROW; AND ONE 6" STEEL PIPE CASING WITH TWO FIBER
OPTIC CONDUITS WITHIN THE CASING, ALONG THE UP RIVER
ROAD ROW (STA. 67+68.1 TO STA. 90+74); ESTABLISHING A FEE
OF $11,747.70; REQUIRING VALERO REFINING- TEXAS, L.P. TO
COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with Valero Refining- Texas, UP. for the right to , install,
operate, maintain and remove two 4" steel pipe casings containing fiber optic conduits
under nine (9) city public street rights-of-way as follows: Dunn Meaney Road, 135' south
of Up River Road row; Lantana Road, 114' south of Up River Road row; McBride Lane,
450' south of Up River Road row; Up River Road, 40' east of McBride Lane row;
McBride Lane 135' south of Up River Road row; Up River Road row (STA. 105+91);
Dunn Lane, 483' south of Up River Road row; Navigation Blvd., 354' south of Up River
Road row; Up River Road, 488' southwest of Savage Lane row; and one 6" steel pipe
casing with two fiber optic conduits within the casing, along the Up River Road row
(STA. 67+56.1 TO STA. 90+74).
SECTION 2. That Valero Refining- Texas, L.P. (Valero) comply with the terms and
conditions of the use privilege agreement, a copy of which is on file with the City
Secretary, including payment of the fee of $11,747.70, and be subject to the following
conditions as part of the use privilege agreement:
Valero will close Lantana Road (October 17, 18, & 19, 2003) and McBride Lane
(November 14, 5 & 16, 2003) each for three days only, and Dunn Meaney Road
(October 13 thru 19, 2003) for seven days only.
H:\LEG-DIR~Joseph\ORD-upa-valero,doc
-129-
Valero must string pipe on either side of Lantana Road and McBride Lane (away
from the asphalt portion of the streets), weld-out separated segments, x-ray,
hydrotest and dry.
As soon as the directional drill bore is completed by Valero, Lantana Road and
McBride Lane will be closed and the separate pipe sections will be welded
together. Valero must connect the 900' and 2,400' pipeline segments and weld
and x-ray (1day). Tie and pull the 900' and 2,400' pipeline bundles (2days).
Valero must arrange the road closures with the Corpus Christi Police Department
and compensate the Department accordingly.
In the event there is a delay in the pull, a crane bridge (with pipe cradles) will be
created across the affected road to restore the traffic as pipe pull is finished.
Notice must be given to Corpus Christi Police Department, Corpus Christi Fire
Department and other public safety agencies.
Valero must provide a 24-hour phone number by which the job foreman, Dwight
Vaughn, 215-6354, may be reached in case of emergencies.
7. All excavation must be regraded to provide positive drainage.
Valero must notify all City utilities departments and all private utility companies
48-hours prior to any directional drilling and have City utilities inspectors and all
other private utilities inspectors present at time of drilling.
Valero will be responsible for any damage to waterlin, es and all other existing
utilities within the construction areas.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 14th day of October, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
H:~LEG-DIRXJoseph\ORD-upa-valero.doc
-130-
lol I
IP
T�Gr
-Rr
ME
W, :-,
W.
e� *9
T9W4*
-.-I
, '.1
(a% I , �
Pg
r,.,VE
A
AW�
M, m i s FAA, i R
o
mom
NUECES COUNTY, TEXAS
ENRIOUE VlLLARREAL GRANT, A-1
I I [~ I I
- ~
2o - O~EL CA~N~ ~ - ~o
~ fiXHIBII B
-132-
NUECES COUNTY, TEXAS
l ENRIQUE VlLLARREAL GRANT, A-1
N
~ o
05 O5
sc~: .~z. ~'- =0' EXHIBIT C
-133-
Use Privilege Agreement Fees Summary
(Valero Refining-Texas, L.P.)
1. Dunn Meaney
2. Lantana Rd.
3. McBride Ln.
4. Up River Rd.
5. McBride Ln.
6. Up River Rd.
7. Dunn Ln.
8. Navigation Blvd.
9. Up River Rd.
10. Up River Rd. (Sta. 67+56.10 to Sta. 90+74) =
64 LF.
62 LF.
50 LF.
92 LF.
50 LF.
92 LF.
52 LF.
98 LF.
+ 76 LF.
636 LF.
2,317.90 LF.
636 LF. per/4"casing x 2 casings
2,317.90 LF. of 6" casing
636 LF. per/conduit (4" casing) x 2 =
2,317.90 per/conduit (6" casing) x 2 =
5,907.80 LF. (Conduit) + 3,589.90 LF. (Casing) =
9,497.70 LF. X $1.00 per/LF. =
$250.00 per/mutiple crossing x 9 crossing =
9,497.70 + $2,250.00
Total UPA Fees
1,272.00 LF.
3,589.90 LF.
1,272.00 LF.
5,907.80 LF.
9,497.70 LF.
$ 9,497.70
$11,747.70
$11,747.70
EXHIBIT D
-134-
17
C TY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
October 14. 2003
AGENDA ZTEM:
a) Public hearing to consider text amendment to the Zoning Ordinance related to the "1-2" Light
Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of
explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval
of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire
Marshal Permit.
b)
First Reading - Ordinance approving text amendment to the Zoning Ordinance related to the
2" Light Industrial District, by adding Subsection 20-3 Objectionable Use; authorizing storage of
of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon
approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City
Fire Marshal Permit.
BACKGROUND:
Over the past several months during 2003, the City Fire Marshall has conducted inspections of businesses
that stored explosives on premise as a function of their operation. As part of the inspection procedure,
the Fire Marshall has to verify the required zoning classification for businesses that store explosives.
Such businesses are to be located in an "I-3" Heavy industrial District, as outlined in the Zoning
Ordinance and Fire Code. in addition, explosives are further identified as "Objectionable Uses" in the
Zoning Ordinance, thereby, requiring approval by the Zoning Board of Adjustment. As a result of the
inspection, seven (7) businesses, related to the oil and gas industry, were not located within the required
"]-3" District and nine (9) businesses had not received review or approval from the Zoning Board of
Adjustment for the explosive use (see attached map). The Fire Marshall has not completed his
inspection of all businesses with explosives, but he is continuously working with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives (ATFE) to obtain a complete listing of such businesses.
On August 28, 2003, the City Fire Marshall and Planning Staff visited several sites to visually investigate
how businesses, related to the oil and gas industry, store their explosives. Typically, explosives are
maintained in locked magazines within a structure or outside with protective berms. Sites visited were
located in areas primarily developed as industrial or in isolated areas not in proximity to residences.
Businesses specifically identified to benefit from this text amendment are those related to the oil and gas
industry, since the "I-2" District permits limited oil and gas uses within the district. Most of the
businesses identified have been in operation for numerous years and are located in an "I-2" Light
Industrial District. It is staff's opinion that after receiving ATFE's report, other businesses with explosives
related to the oil and gas industry will be identified within the "I-2" District rather than the "I-3" District.
The zoning district required for businesses with explosives, not related to the oil and gas industry, will
remain in the "I~3'' District.
iSSUE:
The Fire Marshall assessed that numerous businesses with explosives related to the oil and gas industry,
were in the "I-2" Light Tndustrial District that did not allow such use; thereby, the businesses were not in
conformance. The zoning text amendment will allow such business within the "~-2" District as an
Objectionable use requiring Zoning Board of Adjustment approval and permits issued by ATFE and the
Fire Marshal.
-137-
City Coundl Agenda Memorandum
October 14, 2003
Page 2
REQUIRED COUNCZL AC I iON:
City Council is requested to approve the proposed text amendment to the Zoning Ordinance related to
the "I-2" Light Industrial District, by adding Sub~ecUon 20-3 Objectionable Use; authorizing storage
of explosives used for perforating or fracturing (fracing) oil and gas well casing only upon approval of the
Zoning Board of Adjustment and issuance of Federal Explosives Permit and City Fire Marshal Permit.
PREVIOUS COUNCIL AC ~ ION:
None
FUNDt'NG:
None
CONCLUS~'ON AND RECOMMENDATZON:
Planning Commission and Staff recommend approval of the proposed text amendment to the Zoning
Ordinance related to the "I-2' Light Industrial District, by adding Subsection 20-3 Objectionable
Use; authorizing storage of explosives used for perforating or fracturing (fracing) oil and gas well casing
only upon approval of the Zoning Board of Adjustment and issuance of Federal Explosives Permit and City
Fire Marshal Permit.
Iw
A~achments:
Location Map of Businesses with Explosives Related to Oil & Gas
Proposed Text Amendment Ordinance
(H:WORD\PLNR\SHARED\FGM\FORHS~,GENDAMEMORANDUH.FRM.DOC)
-138-
ACTIVE EXPLOSIVE LICENSEE LOCATIONS
/
N
0 1.25 2.5 5 7.5
7~'~-- I Miles
Source: Department of Development Services
MDN 09/05/2003
-139-
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 20,
"1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, BY ADDING
SUBSECTION 20-3 OBJECTIONABLE USE; AUTHORIZING STORAGE
OF EXPLOSIVES USED FOR PERFORATING OR FRACTURING
(FRAClNG) OIL & GAS WELL CASING ONLY UPON APPROVAL OF
THE ZONING BOARD OF ADJUSTMENT AND ISSUANCE OF
FEDERAL EXPLOSIVES PERMIT AND CITY FIRE MARSHAL PERMIT;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 24, 2003, during a meeting of the Planning Commission, and on Tuesday,
October 14, 2003, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that 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 revising Article 20,"1-2' Light Industrial District Regulations, by adding a
new Subsection 20-3 Objectionable Use and renumbering former Subsection 20-3 et
seq., to read as follows:
"ARTICLE 20. LIGHT INDUSTRIAL DISTRICT REGULATIONS
Section 20-1 The regulations set forth in this article, or set forth elsewhere in this
Ordinance when referred to in this article are the regulations in the "1-2" Light Industrial
District. This district is intended primarily for light manufacturing, fabricating,
warehousing and wholesale distributing in high or Iow buildings with off-street loading
and off-street parking for employees and with access by major streets or railroad in
either central or outlying locations.
Section 20-30biectionable Use. The followin,q use, havin,q accompanyin.q hazards,
such as fire or explosion may, if not in conflict with any law or ordinance in the City of
Corpus Christi, be located in the "1-2" Li,qht Industrial District only after the location and
nature of this use has been approved by the Board of Adjustment after public hearin.q as
provided in Article 29. The Board shall review the plans and statements and shall not
-~5LEG~D~R\D~y~eD~urtis\MYD~CS~2~3\P&~RD(~3~ning~rd\D~YLE~3\~ec2~-3~bjUse~DC~825~3~rd~d~c
- 140-
Page 2 of 4
permit this use until it has been shown that the public health, safety, morals, and
.qeneral welfare will be properly protected, and that necessary safe,quards will be
provided for the protection of surroundin,q property and persons. The Board in
reviewin,q the plans and statements shall consult with other a.qencies created for the
promotion of public health and safety.
(1) The stora,qe of explosives used for perforatin,q or fracturin,q (fracinR) oil and
.qas well casin,q, provided that the stora.qe has been authorized by permit issued
by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by
permit issued by the City Fire Marshal.
Section 20 3 20-4 Parking Regulations. The parking regulations for permitted uses
are contained in Article 22.
Section 20 ~ 20-5 Off-street Loading Regulations. The off-street loading
regulations for permitted uses are contained in Article 23.
Section 20 5 20-6 Height and Area Regulations. Height and area requirements
shall be as set forth in the chart of Article 24, and in addition the following regulations
shall apply:
20 5.0~. 20-6.01 There shall be a side yard not less than ten (10) feet in width
on the side of a lot adjoining an "R-lA", "R-lB', "R-2", "A-I", "A-lA", or "A-2"
residential district.
20-6~32-20-6.02 There shall be a rear yard not less than ten (10) feet in depth
on the rear of a lot adjoining an "R-IA", "R-lB", "R-2", "A-I", "A-lA", or "A-2"
residential district.
29 5.03 20-6.03 Whenever any building in the "1-2" Light Industrial District
adjoins or abuts upon a residential district, such building shall not exceed three
stories nor 45 feet in height, unless it is set back one foot from all required yard
lines abutting such residential district for each foot of additional height above 45
feet.
~ 20-6.04 Whenever any building or structure, including but not limited to
a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch,
stable, or stall in the "1-2" Light Industrial District used to house animals, poultry,
or birds in an animal pound, commercial animal, poultry, or bird raising
establishment, or kennel, adjoins or abuts a residential district, the building or
structure shall be set back not less than 100 feet from all required yard lines
abutting a residential district.
(1) A Farm-Rural zoning district is not considered a residential district for
the purposes of this subsection.
(2) No setbacks are required for fenced pastures of at least one acre
used to hold livestock, such as cattle and homes.
H:\LEG-D~R\D~y~eD~Curtis\MYD~CS~2~3\P&~RD~3~Z~ning~rd\D~YLEC~2~3\Sec2~3~bjUse.D~825~3~rd~d~c
-141-
Page 3 of 4
Section 20-6-20-7 Supplementary height and area regulations are contained in Article
27.
SECTION 2. 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 3. 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 4. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 5. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be given full force and effect for
its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:%EG-D~R\D~y~eD~Curtis\MYD~CS~3\P&Z~RD~3~Z~ning~rd~D~YLEC~2~3\Sec2~-3~bjUse~D~825~3~rd~d~c
-142-
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10114103
AGENDA ITEM:
A. Public Hearing to receive input concerning the adoption of an ordinance to
participate in the Texas Enterprise Zone Program as amended by the 78th Texas
Legislative session and to consider and nominate Citgo Refining and Chemicals
Company, L.P. to the Office of the Governor Economic Development and Tourism
as a Texas Enterprise Zone Project.
An ordinance authorizing the City of Corpus Christi to participate in the Texas
Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303,
Texas Government Code (Act); providing tax incentives; requesting that Corpus
Christi 2000 enterprise zone remain in effect; nominating Citgo Refining and
Chemical Company, L.P. to the Office of the Governor Economic Development &
Tourism (EDT) through the Economic Development Bank for designation as a
qualified business and Triple Jumbo Enterprise Project (Project) under the Act;
Designating a liaison for overseeing enterprise projects and communicating with
interested parties; and declaring an emergency.
ISSUE: The 78th Legislative Session changed the criteria for defining a Texas Enterprise
Zone and nominating projects to become designated Texas Enterprise Zone Projects.
According to the new State Law, the governing body in which the project is located must
hold a public hearing and subsequently pass an ordinance to participate in the new Texas
Enterprise Zone Program as amended and identify incentives that may be offered to a
project in a qualified enterprise zone that is located in the jurisdiction. Projects seeking
designation as an Enterprise Zone Project must be nominated by the governing body to
the Office of the Governor. CITGO Refining and Chemicals Company, L.P. has requested
the City of Corpus Christi consider nomination of the company as a Texas Enterprise Zone
project for job retention benefits.
CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance to
participate in the Texas Enterprise Zone Program and nominating Citgo Refining &
Chemicals, L.P. as a Texas Enterprise Zone Project, as presented.
Ma~k McDa~el
Executive Director of Support Services
-145-
BACKGROUND INFORMATION
Under State Law, the Office of the Governor - Economic Development and Tourism
Division lhrough the Texas Economic Development Bank administers the Texas Enterprise
Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code, the purpose of the program is to encourage job creation and retention
and capital investment in areas of economic distress.
The 78"~ legislature amended the act to increase participation in the program, decrease
paperwork and streamline the process. Under the amended act, communities are no
longer required to submit an application and foe to create an enterprise zone; designation
of an enterprise zone is automatic based on decennial figures. Areas designated as
enterprise zones include census block groups with 20 percent poverty and areas federally
designated as Renewal Communities. Previously designated enterprise zones will be
designated until their expiration, after which the area would need to meet the 20 percent
poverty guideline. A project seeking designation as a Texas Enterprise Zone Project still
must seek nomination from the governing body to the Office of the Governor for
consideration and designation.
Communities participating in the Texas Enterprise Zone Program are required to provide
incentives to the project in addition to offering nomination for participation in the Texas
Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas
Enterprise Zone.
A designated project located in the Texas Enterprise Zone must agree to hire at least 25
percent of their employees from the enterprise zone or economically disadvantaged groups
and in return will receive a refund of sales and use tax (SUT) paid to the Office of the
Comptroller. If the project is located outside the zone, the project must agree hire at least
35 percent of its new employees from the enterprise zone or economically distressed
groups.
In previous years, projects could receive $5,000 in refund for each job created or retained
and could receive up to a $1.25 million refund on SUT. The new program allows a refund
of $2,000 for each job created or retained. If investment levels are adequate, the local
nominating governing body may nominate a project as a Double or Triple Jumbo Project
designation, increasing the value per job created or retained to $5,000 or $7,500,
respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 rrillion,
and a triple jumbo project can receive a rebate of up to $3.75 million.
State Law allows each participating community with a population less than 250,000 to
nominate up to four projects per biennium and communities with a population more than
250,000 to nominate up to six projects per biennium. Since City of Corpus Chdsti exceeds
the 250,000 population threshold, according to the 2000 census, up to 6 projects can be
nominated in the new biennium.
The City of Corpus Christi has nominated a number of projects including Koch Refining,
-146-
Greyhound Racetrack, First Data Corporation, Coastal Refining and Marketing, Citgo
Refining and Chemicals, Trinity Towere, L.P., and APAC Corporation. To date, the
designated enterprise zone projects have resulted in more than $2.5 billion in investment
in Corpus Christi. These capital investments represent more lhan one - lhird of all capital
investment in all of the state enterprise zones combined.
CITGO Refining and Chemicals Company, L.P.
CITGO Refining and Chemicals Company, L.P. ("CITGO") is seeking designation as an
Enterprise Project for job retention benefits. The company is planning to upgrade their
manufacturing and process operations to produce new products in Corpus Christi.
CITGO is recognized as a leading manufacturer, marketer, and lransporter of gasoline, jet
turbine fuel, diesel fuel, heating oils, lubricants, refined waxes, petrochemicals, asphalt,
and petroleum-based industrial products. The company offers a wide range of quality
products to consumers through 13,500 independently owned retail outlets. CITGO's
success is due to our continued commitment to safe worksites for employees,
environmental stewardship, and a focus on the long-term financial health of the company
through strategic growth and business diversity.
CITGO currently owns and operates an integrated refinery and chemical facility in Corpus
Christi, Texas. CITGO has initiated the "Clean Fuel Project" to produce two new product
lines of Iow sulfur fuels ("LSF"), Tier II gasoline and Ultra Low Sulfur Diesel. The Clean
Fuel Project will allow CITGO to replace high sulfur gasoline and diesel products with Iow
sulfur gasoline and ultra Iow sulfur diesel. The Clean Fuel Project will result in completely
changing the gasoline and diesel product lines produced in Corpus Chdsti. The proposed
$458 million re-tooling investment will also increase the production and market efficiencies
of the Corpus Christi Refinery.
CITGO expects to retain at least 500 existing jobs at this refinery, with no layoffs or
reductions contemplated. This project is scheduled to begin in 2004.
-147-
Page 1 of 5
AN ORDINANCE
AUTHORIZING THE CITY OF CORPUS CHRISTI TO
PARTICIPATE IN THE fTEXAS ENTERPRISE ZONE
PROGRAM UNDER THE TEXAS ENTERPRISE ZONE
ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE
(ACT); PROVIDING TAX INCENTIVES; REQUESTING
THAT CORPUS CHRISTI 2000 ENTERPRISE ZONE
REMAIN IN EFFECT; NOMINATING CITGO REFINING
AND CHEMICALS COMPANY, L. P. TO THE OFFICE OF
THE GOVERNOR ECONOMIC DEVELOPMENT &
TOURISM (EDT) THROUGH THE ECONOMIC
DEVELOPMENT BANK (BANK) FOR DESIGNATION AS A
QUALIFIED BUSINESS AND TRIPLE JUMBO
ENTERPRISE PROJECT (PROJECT) UNDER THE ACT;
DESIGNATING A LIAISON FOR OVERSEEING
ENTERPRISE PROJECTS AND COMMUNICATING WITH
INTERESTED PARTIES; AND DECLARING AN
EMERGENCY.
WHEREAS, the City of Corpus Christi, Texas ("Corpus Christi") desires to create the
proper economic and social environment to induce the investment of private resources
in productive business enterprises located in severely distressed areas of the City and
to provide employment to residents of those areas;
WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code,
as amended, (the "Act") authorizes the designation of enterprise projects within an
enterprise zone (or, if the requirements of Section 2303.402 (a) (2) of the Act are met,
within an area that does not qualify as an enterprise zone);
Whereas, under the 2003 amendments to the Act, the Act is now administered by The
Office Of The Governor Economic Development & Tourism (EDT) through the Texas
Economic Development Bank (Bank);
Whereas, the City has a previously-designated enterprise zone, Corpus Christi 2000
Enterprise Zone, approved by EDT's predecessor agency, the Texas Department of
Economic Development, on January 9, 1998, and scheduled under the Act (before the
2003 amendments) to expire on September 1, 2005; and the City requests that this
Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the
amended Act, so long as the area qualifies under the amended Act;
WHEREAS, with proper notice to the public, a public hearing to consider this ordinance
was held on Tuesday, October 14, 2003, during a meeting of the City Council, in the
Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested
persons were allowed to appear and be heard; and
~EG.D~R~D~y~eD~Curtis~YD~S~2~3\Ec~n~mic~Deve~pm\Enterpri~seZ~ne\1~8~3DC~N~minati~ng~TG~Pr~ject~rd.d~c
-148-
Page 2 of 5
WHEREAS, the City Council has determined that passage of this ordinance 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. The City is authorized to participate in the Texas Enterprise Zone Program
under the 2003 amendments to the Act. As required by Section 2303.4051 (b) of the
Act, the City's local incentives available in each area within an enterprise zone and in
each area not in an enterprise zone are identified and summarized briefly in the
attached Exhibit A; and at least one of the local incentives is unique to the enterprise
zone area. The City is in full compliance with the Act.
SECTION 2. The City finds that the City has a previously-designated enterprise zone,
Corpus Christi 2000 Enterprise Zone ("Enterprise Zone"), approved by EDT's
predecessor agency, on January 9, 1998, and scheduled under the Act (before the
2003 amendments) to expire on September 1, 2005; and the City requests that this
Enterprise Zone remain in effect indefinitely, as authorized by Section 2303.109 of the
amended Act, so long as the area qualifies under the amended Act.
SECTION 3. The City finds that CITGO REFINING AND CHEMICALS COMPANY, L.P
(CITGO), or its successor in interest, meets the criteria for designation as an enterprise
project under the Act on the following grounds:
(a)
CITGO is located in the Enterprise Zone and CITGO is a "qualified
business" under Section 2303.402 of the Act because CITGO is engaged
in the active conduct of a trade or business in the Enterprise Zone and at
least twenty-five (25%) percent of its new employees in the Enterprise
Zone are residents of an enterprise zone in this state or economically
disadvantaged individuals;
(b)
According to the 2000 Census, the CITGO business facility is located in
Census Tract 6, Block Group 1 (88% poverty) and Census Tract 50, Block
Group 1 (37% poverty). These two Block Groups exceed the 20% poverty
level described in Section 2303.101 of the Act. Therefore, these two block
Groups automatically qualify for designation as an enterprise zone;
(c)
The CITGO project is qualified under Section 2303.404 of the Act because
(1) it involves "an expansion, renovation, or new construction"; (2) it will be
completed within a predetermined period not to exceed five years; and (3)
the CITGO subsidiary maintains separate books and records for the
Corpus Christi refinery operations;
(d)
There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities within the jurisdiction of
the City of Corpus Christi;
~EG-D~R~D~y~eD~CurUs~v1YD~S~3\Ec~n~mic~Deve~pm\Enterp~seZ~ne\1~8~3DC~N~minati~ng~TG~.Pr~ject~rd~d~c
-149-
Page 3 of 5
(e)
The designation of CITGO as an enterprise project will contribute
significantly to the achievement of the plans of the City for development
and revitalization of the area in which the enterprise project will be located;
and
(0
CITGO qualifies for job retention benefits under Section 2303.406 (a) (4)
(G) because CITGO is both adding a new business line or product and
deleting or decreasing an existing business line or product; and the
designation will prevent CITGO's net production capacity from decreasing
and will result in the retention of at least 500 existing jobs.
SECTION 4. The City finds that CITGO qualifies as a Triple Jumbo Enterprise Project
as defined in Section 2303.407 (b) (6) and Section 2303.407 (d) of the Act because
CITGO will be making a capital investment in a project in excess of $250,000,000. The
City finds that it is in the best interest of the City to nominate CITGO as a Triple Jumbo
Enterprise Project under the Act.
SECTION 5. The City finds that CITGO meets the criteria for tax relief and other
incentives adopted by the City and hereby nominates CITGO as a Triple Jumbo
Enterprise Project in accordance with the Act on the grounds that it will be located
wholly within the Enterprise Zone, and will create a higher level of employment,
economic activity and stability. As required by Section 2303.4051 (c) (2) of the Act, the
City's local incentives, including tax incentives, that, at the election of the City Council,
are or will be made available to CITGO, the nominated project, are identified and
summarized briefly in the attached Exhibit B.
SECTION 6. The City designates the City Manager or his designee as liaison to
oversee enterprise projects nominated by the City and to perform the other duties
described in Section 2303.204 of the Act. The City authorizes the City Manager or his
designee to file an application requesting designation of CITGO as a Triple Jumbo
Enterprise Project with the Texas Economic Development Bank (Bank), and to execute
all documents and agreements necessary to process the application. Further, the City
directs the City Manager or his designee to submit to the Bank the information required
by section 2303.4052 of the ACt and to execute all documents and agreements
necessary for the City to participate in the Texas Enterprise Zone Program under the
2003 amendments to the ACt.
SECTION 7. Upon approval of the Bank, the Triple Jumbo Enterprise Project will be
named CITGO-CORPUS CHRISTI Project.
SECTION 8. The Enterprise Project designation must be for a predetermined
designation period approved by the Bank, with a beginning date and ending date for the
Project; and the designation period for the Project may not exceed five (5) years from
date on which the designation is made, as required by Section 2303.404 of the Act.
CITGO and the City request that the Bank approve January 1, 2004, as the beginning
date and December 31, 2008, as the ending date of the Project.
LEG~D~R~Doy~eD~urtis~v1YD~S~2~3\Econ~mic~Deve~pm\Enterp~se~ne\1~8~3D~N~minati~ngC~TG~Project~rd~d~c
-150-
Page 4 of 5
SECTION 9. The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312.
SECTION 10. The Corpus Christi areas that meet the 2003 requirements in Section
2303.101 of the Act for automatic qualification for designation as an enterprise zone are
shown in the attached Exhibit C.
SECTION 11. Upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of October, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
,~~O/~b ;r ~.
Doyl~ Di~urtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
LEG-D~R~D~y~eD~urtis`~V~YD~S~3\Ec~n~mic~Deve~pm\Enterpd.seZ~ne\1~8~3DC~N~minati~ng~TG~Pr~ject~rd~d~c
-151-
Page 5 of 5
Corpus Christi, Texas
day of ,2003.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully
Respectfully,
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
LEG~D~R\D~y~eD~urtis~v~YD~2~3\Ec~n~mic~Deve~pm~Enterpri~seZ~ne\1~8~3D~N~minati~ng~TG~Pr~ject~rd~d~c
-152-
Page 1 of 2
Exhibit A
Incentives offered by the City of Corpus Christi
Business and Job
Development
Corporation business
incentives
Tax Abatement
Section 108 Loan
Guarantee
As approved by the Board
- funds for loan
)articipation, guarantees,
Iow interest loans,
rent subsidies, relocation,
moving expenses, job
According to investment
Guarantee
As approved by Business
and Job Development
Corporation.
As approved by City
Council
Benefiting Iow income
individuals, eliminating
slum and blight or
addressing an immediate
need
Community
Development Block
Grant
Grant Funds
BenefAing Iow income
individuals, eliminating
slum and blight or
addressing an immediate
need
Department of
Commerce -
Economic
Development
Administration Grant
for Public Works
Environmental Clean
~ costs deduction
Tax Exempt Revenue
Bonds
Environmental Clean-
~ Costs
Grant Funds Citywide
costs of
environmental clean
~ds
Deduct qualified clean up
costs
HUB Zone
Citywide
Citywide
56.02, 8, 17,
16.02, 16.01, 9, 15, 10,
13,12,50, 7,11, 5,4, 3)
Welfare to Work Wage
Credit
up to $8,500 per
employee
Employee must be
certified through the State
of Texas
~LEG~D~R~D~y~eD~urtis~YD~3\Ec~n~mic~Deve~pm~Enterpd~seZ~ne\1~8~3PG.RevD~ExhibitA~T~rd~d~c
-153-
Page 2 of 2
11 Work Opportunity Credit up to $2,400 per Employee must be
Wage Credit employee certified through the State
of Texas
12 New Markets Tax Credit of up to 39% to In census tracts with 20%
Credit investors poverty or greater
13 Authorize the City Texas Enterprise Zone
Manager to engage in
certain public/private
partnerships with
proposed enterprise
zone projects for
purposes of offering
incentives unique to
the proposal.
14 Enterprise Zone Expeditor Texas Enterprise Zone
Expeditor
15 Enterprise Zone Signage Texas Enterprise Zone
Signage Program
16 Industrial District Payment in lieu of taxes Texas Enterprise Zone -
Industrial District
17 Corpus Christi ForeignNot subject to Customs Texas Enterprise Zone -
Trade Zone #122 duties or certain excise Port of Corpus Christi
taxes.
18 Increased Section 179 Deduct additional $35,000 Texas Enterprise Zone-
Deduction on machinery and Renewal Community
equipment
19 Renewal Community Depreciate 50% of the Texas Enterprise Zone -
Commercial total qualifying Renewal Community
Revitalization expenditure in the first
Deduction year the building is placed
in service or depreciate
over 120 months.
20 Renewal Community Credit of up to $1,500 perTexas Enterprise Zone-
Wage Credit employee Renewal Community
21 Zero Percent Capital Exclusion from Capital Texas Enterprise Zone -
Gains Gains Renewal Community
LEG~D~R~D~y~eD~urtisW~YD~S~3~Ec~n~mic~Deve~pm\Enterpd~seZ~ne~1~8~3PG~RevD~ExhibitA~T~rd~d~c
-154-
Page 1 of 1
Exhibit B
Incentives that may be considered and offered by the City of Corpus Christi to
Nominated Texas Enterprise Zone Projects
1)
2)
3)
4)
Authorize the Cit7
Manager to engage in
certain public/private
partnerships with
proposed enterprise
zone projects for
purposes of offering
incentives unique to
the proposal.
Enterprise Zone
Expeditor
Enterprise Zone
Signage Program
Industrial District
Texas Enterprise
Zone
Expeditor Texas Enterprise
Zone
Signage
Contract for Payment in lieu of
taxes
5) Corpus Christi Foreign Not subject to Customs duties
trade Zone #122 or certain excise taxes.
6) Increased Section 179 Deduct additional $35,000 on
Deduction machinery and equipment
Renewal Community
Commercial
Revitalization
Deduction
7)
8)
Depreciate 50% of the total
qualifying expenditure in the
first year the building is placed
in service or depreciate over
120 months.
Credit of up to $1,500 per
employee
Renewal Community
Wage Credit
9) Zero Percent Capital Zero Percent Capital Gains
Gains
Texas Enterprise
Zone
Texas Enterprise
Zone - Industrial
District
Texas Enterprise
Zone - Port of
Corpus Christi
Texas Enterprise
Zone- Renewal
Community
Texas Enterprise
Zone- Renewal
Community
Texas Enterprise
Zone- Renewal
Community
Texas Enterprise
Zone- Renewal
Community
~LEG~D~R\D~y~eD~urtisW~YD~S\2~3~Ec~n~mic~Deve~pm~Enterp~se~ne\1~8~3PG~RevD~ExhibitB~T~rd~d~c
-155-
Page 1 of 3
Exhibit C
Corpus Christi Areas meeting the 2003 Requirements for
and 2303.109
I (See note at end of chart) 1 Renewal Commun~ (expires 12/0g)
I (See note at end of chart) 1 Texas Enterprise Zone (expires g/05)
3 1 Census block group with 20% poverty or greater
3 2 Census block group with 20% poverty or greater
3 1, 2 Renewal Community (expires 12/09)
3 1, 2 Texas Enterprise Zone (expires 9/05I
4 1 Census block group with 20% poverty or greater
4 2 Census block group with 20% poverty or greater
4 3 Census block group with 20% poverty or greater
4 1,2, 3 Renewal Commun~t,/(expires 12/09)
4 1,2, 3 Texas Enterprise Zone (expires 9/05)
5 1 Census block group with 20% poverty or greater
5 1 Texas Enterprise Zone (expires 9/05)
6 I Census block group with 20% poverty or greater
6 3 Census block group with 20% pove~ or greater
6 4 Census block group with 20% poveRty or greater
6 5 Census block group with 20%:poverty or greater
6 (See note at end of chart) 1, 2, 3, 4, 5, 6, 7, 8 Texas Enterprise Zone (expires 9/05)
7 1 Census block group with 20% poveRty or ~reater
7 1 Texas Enterprise Zone (expires 9/05/
7 (See note at end of chart) 2 Texas Enterprise Zone (expires 9/05)
7 3 Census block group with 20% povert~ or greater
8 I Census block group with 20% poverty or greater
8 1 Texas Enterprise Zone (expires 9/05)
8 (See note at end of chartI 2 Texas Enterprise Zone (expires 9/05)
8 3 Census block group with 20% poverty or greater
8 3 Texas Enterprise Zone (expires 9/05)
9 1 Census block group with 20% poverty or greater
9 2 Census block group with 20% poverty or greater
9 3 Census block group with 20% poverty or ~lreater
9 4 Census block group with 20% poverb~ or ~reater
9 5 Census block group with 20% poverty or greater
10 1 Census block group with 20% poverty or ~lreater
10 2 Census block group with 20% poverty or greater
10 3 Census block group with 20% poverty or greater
10 4 Census block group with 20% poverty or greater
10 1, 2, 3, 4 Renewal Communibj (expires 12/09)
10 1, 2, 3, 4 Texas Enterprise Zone (expires 9/05)
11 1 Census block group with 20% poverty or greater
11 2 Census block group with 20% poverty or greater
11 1, 2 Renewal CommunibJ (expires 1 2/09)
11 1, 2 Texas Enterprise Zone (expires 9/05)
12 I Census block group with 20% poverty or greater
12 1 Texas Enterprise Zone lexpires 9/05)
12 2 Census block group with 20% poverty or greater
12 2 Texas Enterprise Zone/expires 9/05)
12 3 Census block group with 20% poverty or greater
12 3 Texas Enterprise Zone (expires 9/05I
13 I Census block group with 20% poverty or greater
13 2 Census block group with 20% poverty or greater
13 3 Census block group with 20% pove~ or greater
13 4 Census block group with 20% pover~ or greater
~LEG-D~R~D~y~eD~Curtis~v1YD~S~3\Ec~n~mic~Devei~pm\Enterpri~se~ne\1~8~3PG~RevDC~Exhib~t~T~rd~d~c
-156-
Page 2 of 3
14 2 Census block group with 20% poverty or greater
15 1 Census block group with 20% poverty or greater
15 2 Census block group with 20% poverty or greater
15 3 Census block group with 20% poverty or greater
15 4 Census block group with 20% pover~ or greater
16.01 1 Census block group with 20% poverty or greater
16.01 2 Census block group with 20% poverty or greater
16.01 3 Census block group with 20% poverty or greater
16.01 4 Census block group with 20% poverty or greater
16.02 1 Census block group with 20% povert), or greater
16.02 2 Census block group with 20% povert}, or greater
16.02 3 Census block group with 20% poverty or greater
17 1 Texas Enterprise Zone (expires 9/05)
17 2 Census block group with 20% poverty or greater
17 2 Texas Enterprise Zone (expires 9/05)
17 3 Texas Enterprise Zone {expires 9/05)
17 4 Census block group with 20% poverty or greater
17 5 Census block group with 20% pove~ or greater
17 6 Census block group with 20% poverty or greater
17 7 Census block group with 20% poven~ or greater
17 7 Texas Enterprise Zone (expires 9/05)
18.01 I Census block group with 20% poverty or greater
18.01 4 Census block group with 20% poverty or greater
18.01 4 Texas Enterprise Zone (expires 9/05)
18.01 5 Census block group with 20% poverty or greater
18.01 5 Texas Enterprise Zone (expires 9/05)
18.02 I Census block group with 20% poverty or greater
19.01 3 Census block group with 20% poverty or greater
19.01 4 Census block group with 20% povert'/or greater
19.01 5 Census block group with 20% poved¥ or greater
19.01 6 Census block group with 20% pover~ or greater
19.01 7 Census block group with 20% povert~ or greater
19.02 1 Census block group with 20% poverb/or greater
19.02 2 Census block group with 20% poverty or greater
20 1 Census block group with 20% poverty or greater
20 3 Census block group with 20% poverty or greater
20 5 Census block group with 20% poverty or greater
20 6 Census block group with 20% povert,/or greater
20 7 Census block group with 20% poverty or greater
21 4 Census block group with 20% poverty or greater
21 5 Census block group with 20% poverty or greater
22 2 Census block group with 20% poverty or greater
22 4 Census block group with 20% poverty or greater
23.01 2 Census block group with 20% poverty or greater
27.03 4 Census block group with 20% poverty or greater
30 2 Census block group with 20% poverty or greater
30 3 Census block group with 20% poverty or greater
30 4 Census block ~roup with 20% povert'/or ~lreater
31 7 Census block ~lroup with 20% poverty or greater
33.01 1 Census block group with 20% pove~ or greater
33.02 2 Census block group with 20% poverty or greater
34.01 1 Census block group with 20% poverty or greater
34.02 3 Census block group with 20% poverty or greater
35 2 Census block group with 20% poveRty or greater
36.01 4 Census block group with 20% poverty or greater
36.02 2 Census block group with 20% poveRty or greater
36.03 3 Census block group with 20% poveRty or greater
:%EG-D~R\D~y~eD~urtis~v1YD~3\Ec~n~mic~eve~pm\Enterpd~seZ~ne\1~8~3PG~RevDC~Exhibit~T~rd~d~c
-157-
Page 3 of 3
50 I Census block group with 20% poverty or greater
50 ISee note at end of chart) 2 (place 9999) Texas Enterprise Zone (expires 9/05}
54,06 1 Census block group with 20% poverbj or greater
56.01 3 Census block group with 20% poverty or greater
56.01 4 Census block group with 20% poverty or greater
56,01 5 Census block group with 20% poverty or greater
56.02 1 Census block group with 20% poverty or greater
56,02 2 Census block group with 20% poverty or greater
56.02 3 Census block group with 20% poverty or greater
56.02 / 5 Census block group with 20% poverty or greater
56.02 6 Census block group with 20% pove~ or greater
56.02 7 Census block group with 20% poveriy or greater
58.02 1 Census block group with 20% poverty or greater
59 I Census block group with 20% poverty or greater
59 2 Census block group with 20% poverty or greater
Note: A Census Tract marked "(See note at end of chart)" denotes an area that upon expiration of the designation
will be subject to the 20% poverty rule for continuation in the Texas Enterprise Zone (numbers in bold italics [1, 2, 3,
4, 5, 6, 7, 8] indicate the affected block groups in the census tract).
J-EG-DIR'~DoyleD.Curtis~IYDOC S~2003\Economic. Developm~Enterpfi.seZon e\l O0803PG .RevDC.ExhibitC.ToOrd.doc
-158-
19
MEMOKANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COUNCIL MEMBERS
MICHA.EL N. GUNNqNG, DEVELOPMENT SERVICES - PLANN1NG//~,~
/
ZONENG CASE NO. 0603-08, ROBERT AND DAHLIA SCHULTE: SPECIAL PERMIT FOR A BED
AND BREAKFAST WITH SPECIAL EVENTS
DATE: OCTOBER 7, 2003
The Planning Commission heard Case No. 0603-08, Robert and Dahlia Schulte on July 2, 2003.
At that time, the Planning Commission recommended the case be approved subject to 12 conditions.
The City Council heard the case on August 19, 2003, and at that time, the case was tabled until
October 14, 2003.
H:kPLN-DIRMT~RMA\WORD kAG ENDMEM\0603 -08 BACK~O DOC
-161-
AGENDA MEMORANDUM
PUBLIC HEARING -ZONING (City Council Action Date: August 19,2003)
Case No.: 0603-08, Robert and Dahlia Schulte: A Special Use perrmt for a Bed and Breakfast
Home with Special Events on Markamay Estates, Lot 2, located on the west side of Ocean Drive, approximately
200 feet south of Hewit Drive.
Planning Commission's Recommendation (06/18/03): Approval ora Special Use Permit for a Bed
and Breakfast Home with Special Events subject to a site plan and twelve (12) conditions.
Requested Council Action: Approval of a Special Use Permit for a Bed and Breakfast Home with Special
Events subject to a site plan and twelve (12) conditions and adoption of the attached ordinance.
Purpose of Request: To continue operating a bed and breakfast home with special events use.
Summary: The applicants have requested a Specific Use penmt (SUP) for a bed and breakfast home with special
events. The applicant is currently under contract to purchase the property known as "The Ocean House." The
Ocean House is known as a bed and breakfast home with the occasional special event. It is the applicants' intent to
continue operating the bed and breakfast home and hosting special events, i.e.; weddings, workshops, and other
similar events. The applicant has indicated that the house contains five (5) bedrooms of which one will be used for
the applicants' quarters and the remaining four (4) bedrooms will be for guests not to exceed a total of 13 guests.
According to Section 3-t .06.1 and 3-1.06.2, a bed and breakfast home is limited to five (5) bedrooms and not more
than ten (10) lodgers, not including the owner-occupied rooms. Therefore, the applicants can use the four (4)
bedrooms for the bed and breakfast, but are limited to ten (10) lodgers, if the bed and breakfast home is approved.
In addition to the bed and breakfast home, the applicants propose to continue hosting special events. It is the
applicants' proposal to limit the number of special events to no more than forty (40) events per year with no more
than 80 guests per event. These events will be held between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor
amplified music. Music entertainment may range from a string quartet to mariachi group, none of which will be
amplified. Parking for the special events will be in the form of valet parking and the applicants have obtained
permission from a nearby church to use their parking lot.
The subject property has direct access to an arterial, Ocean Drive, without traversing a residential area. Ocean Drive
is estimated to carry approximately 30, 000 vehicles per day. The allowance of the Special Events limited to a
number of people will not adversely impact the surroundmg area, especially since the parking will be valet parking.
There is an alley at the rear of the property that is used by the lodgers of the bed and breakfast and not used by the
guests of the special event. The applicant has no objection to prohibiting the use of the alleyway for special events.
The Plarming Commission, on a 7-1 vote, recommended approval of a Special Use Permit for a Bed and Breakfast
Home with Special Events subject to a site plan and the following twelve (12) conditions:
USE: The Specific Use Permit allows a bed and breakfast home with special events and limited to the
current operators, Robert and Dahlia Schulte.
2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall not exceed five (5) bedrooms.
3. LODGERS: The number of lodgers permitted at any one time shall not exceed ten (10) lodgers.
-162-
Agenda Memorandum
Case No. 0603-08 (Robert and Dahlia Schulte)
Page 2
4. SPECIAL EVENTS: The number of special events shall not exceed 40 events per year.
HOURS OF EVENTS: The special events are limited to the hours between 8:30 a.m. and 10:00 p.m.
Special events between 8:30 a.m. and 10:00 a.m. are limited to breakfast meetings.
6. GUESTS OF EVENTS: The number of guests for any one special event shall not exceed 80 people.
OFF-STREET PARKING: One (l) off-street parking space for each bedroom in the bed and breakfast
home and two (2) parking spaces for the residence. Off-street parking for all special events must be valet
parking to an approved parking area.
HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be provided upon written request
from City official and along with submission of renewal request.
SPECIAL EVENT SECURITY: Security for special events that serve alcoholic beverages must be
provided with at least one security officer for gatherings of 20 to 50 guests and at least two (2) security
officers for gatherings of 51 to 80 guests.
10.
MUSIC: Live music containing electric guitars, drum sets, or amplified instruments shall not be permitted.
A microphone limited to toasts, announcements, or speeches may be permitted. No amplified sounds of
any type shall be permitted after 10:00 p.m.
11. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the property.
12.
TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1) year from the date of the last
City Council action. Renewal of the Specific Use Permit must be made and approved prior to the
expiration date. A fee equal to 50 percent of the standard application fee must be paid to the City to offset
the costs of advertising.
Applicant's Position: The applicant concurs with Planning Commission's recommendation
Notification: Prior to the date of this memorandum, thirty-five (35) notices were mailed to the property owners
within a 500-foot radius, of which seven (7) were retomed in favor and four (4) in opposition. One (1) notice was
submitted in favor from outside the notification area. This case is considered controversial.
CP
Assistant Director of Development Services/
Director of Planning
MG/FGM/er
Attachments:
1) Site Plan
2) Zomng Report
3) Comments Received
4) Planning Commission Minutes
5) Ordinance
Iq:\PLN-D1R~ERMA\WORD~AGENDMEM\0603 -08AGENDAMEMO.DOC
-163-
(Not U,ed b~ ~t 1) ~
20' ALLEY
N32"55'OO'W 90.50'
LOT 7
LOT 1
NSO'OB'OO'W
6.00'
4.6'
ALTA ~qSTA ON THE BAY
BLOCK 5
LOT 6
FOUND THAT THE PROPERTY DESCRIBED HEREON
IS NOT SITUATED IN A SPECIAL FLOOD HA2ARD AREA.
RESULTS OF A SURVEY MADE ON THE GROUND AND
PROTRUSIONS OR ENCROACHMENTS.
~....:~;--~..~;:~.:~ ,,~o~o,, ....
~,' .~-~'~~:?fS?n~"~ Registered Pmfesslonol ~nd Su~r
25' BUILDING
LtN£
Found 5/8'
Steel Rod
STEWART TITLE COMPANY
G. F. NO. 01064300
BORROWER: EDWARD S, SHOEMAKER
SURVEY OF
PART OF LOT 2
MARKAMAY ESTATES, CORPUS CHRISTI
NUECES COUNTY, TEXAS
VOLUME 27, PACE 60
MAP RECORDS
H,~S SURVEYING
-164-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0603-08
June l8,2003
J16C (81-5)
Robe~ and Dahlia Schulte
Markamay Estates, Lot 2, located on the west side of Ocean Drive, approximately 200 feet south of
Hewit Drive.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
0.795 acre (34,650 square feet)
Same as above.
"R-IA" One-family Dwelling District
Specific Use Permit for a Bed and Breakfast
Home with Special Events.
Single-family residence with a bed & breakfast
home and Special Events
Continue operating bed & breakfast home with
special events use.
Adiacent Zoning:
Surrounding Area - "R- 1A" One-family Dwelling District
Adiacent Land Use:
North, West - Single-family residences.
South - Apartments.
East - (across Ocean Drive) Single-family residence.
-165-
Zoning Report
Case No. 0603-08 (Robert and Dahlia Schulte)
Page 2
Number of Residential Units Allowed:
"R-IA"- 1 unit (1 dwelling unit for each 10,000 square feet of platted lot)
Estimated Traffic Generation:
Traffic Generation Manual does not have traffic estimates for bed and breakfast homes with special
events.
Adiaeent Streets/Classification:
Ocean Drive - arterial
Right-of-Way Design
.Current:
a) Variable right-of-way width.
Planned:
a) Same as current.
1996 Traffic Count (24-hour~ weekday~ non-directional):
a) 30,190 vehicles per day.
Zoning History of Property.:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
There has been no rezoning activity in the area within the past five (5) years.
Zoning Inventory:
The surrounding area to the north is zoned a "R-lA" District and surrounding area to the south is a
"R-lB" District. Both districts are single-family districts with the area predominantly developed
with single-family residences.
-166-
Zoning Repor~
Case No. 0603-08 (Rober~ and Dahlia Schulte)
Page 3
Planning Staff Analysis:
General Characteristics and Background: The applicants have requested a Specific Use
Permit (SLIP) for a bed and breakfast home with special events. The applicant is currently
under contract to purchase the property known as "The Ocean House." The Ocean House is
known as a bed and breakfast home with the occasional special event. It is the applicants'
intent to continue operating the bed and breakfast home and hosting special events, i.e.;
weddings, workshops, and other similar events. The applicant has indicated that the house
contains five (5) bedrooms of which one will be used for the applicants' quarters and the
remaining four (4) bedrooms will be for guests not to exceed a total of 13 guests. According
to Section 3-1.06. t and 3-1.06.2, a bed and breakfast home is limited to five (5) bedrooms
and not more than ten (10) lodgers, not including the owner-occupied rooms. Therefore, the
applicants can use the four (4) bedrooms for the bed and breakfast, but are limited to ten (10)
lodgers, if the bed and breakfast home is approved.
In addition to the bed and breakfast home, the applicants propose to continue hosting special
events. It is the applicants' proposal to limit the number of special events to no more than
forty (40) events per year with no more than 80 guests per event. These events will be held
between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor amplified music. Music
entertainment may range fi-om a string quartet to mariachi group, none of which will be
amplified. Parking for the special events will be in the form of valet parking and the
applicants have obtained permission fi-om a nearby church to use their parking lot.
The subject property has direct access to an arterial, Ocean Drive, without traversing a
residential area. Ocean Drive is estimated to carry approximately 30, 000 vehicles per day.
The allowance of the Special Events limited to a number of people will not adversely impact
the surrounding area, especially since the parking will be valet parking. There is an alley at
the rear of the property that is used by the lodgers of the bed and breakfast and not used by
the guests of the special event. The applicant has no objection to prohibiting the use of the
alleyway for special events.
Staff Recommendation:
Obtain public comments to determine the viability of a bed and breakfast home with special events.
Attachments:
Zoning Map
Applicant's Letter
H :~PLN -DIR\ERMA\WORD~ZON RPTS~2003\0603 -08CCREPORT.DOC
-167-
2B
6
R-lB
~risti
15
11
5
TATES
R-lB
ALTA
8 7
Aug 15, 2003- AS
0 100 .300
CASE Z0603-08
~'~ Subject property
[~ Owners within 200 feet listed
-168-
on ottoched ownership list
10.
11.
12.
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, 1 bedroom suites, with sleeping for 10 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
Proposed Structures: None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along the alley.
d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the rear of the property in the utility easement along the alley.
c. No trash dumpsters will be used.
Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
Al1 Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after
10:O0pm, will never be allowed. Special Events between 8:30am and ! 0:00am will be limited to breakfast meetings.
Music
a. Electric guitars and dram sets will never be allowed.
b. Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone
for announcements, toasts, etc.
c. Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
d. Music will never be allowed after 10:00pm.
Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) g0 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their property.
-169-
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0603-08
Robert and Dahlia Schulte
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
31)
Clarice Spitz, 3285 Ocean Dr.
See attached letter.
Opposition:
10) William and Betsy Lipman, 115 Alta Plaza
"Noise - parking problems - no desire to turn our neighborhood into a
commercial area."
16)
Harris Kaffie, 3260 Ocean Dr.
No written comment.
25) Shirley S. Smith, 21 Hewit Dr.
"The expense of living in this area (taxes, utilities, and upkeep for lawns, home
repair, and street and alley maintenance) should not be used for party house or
bed and breakfast. People who use the facilities do not respect other people's
property. Again, I shall say they mn over my brick wall and leave trash in
alleyway. So why do we allow this type of business in a well kept
neighborhood."
32) Bill and Mary Albarado, 3233 Ocean Dr.
"We are opposed to the bed and breakfast - a commercial endeavor in our
residential zoned area near our homestead. To add "special events" opens up
more commercial endeavors. We are opposed to the music and bands with
weddings and quinceafieras, as well as, doing special event dinners with
pharmaceutical representatives which tums this location into a catering/restaurant
We are a residential area and the bed and breakfast should be just that, which is
already too much commercialism."
70-
Comments Received
Case No. 0603-08 (Robert and Dahlia Schulte)
Page 2
II.
Responses received from outside the 200-foot notification area:
Favor:
Michael and Laurie Mintz
See attached letter.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~PLN-DIR~ERMA\WORD~COMMDATA\0603 -08COMMENTS.DOC
-171-
~,~ 9, ~005
-172-
To Whom it may concern;
We are property owners directly across Ocean Drive from the Ocean House now
being purchased by Bob and Dahlia Schulte. We have been guests at an Ocean
House party and very much enjoyed our evening at their beautiful home. My wife
Laurie and I have seen their plan for Ocean House and believe it to be both
beneficial to us as future neighbors and to the City. They have most certainly
addressed the two major concerns that any neighbor might have- those "loud
bands" and street parking. The Schultes' have recently moved to Corpus from
San Antonio, and It is industrious people, like them, improving the value of their
properly who are truly an asset to our community. We believe the plan being
submitted to the City for approval is a good one and we wish them well.
.~in cer. e, ly.., ~ __
Michael and Laurie Mintz ~.)
-173-
10.
Il.
12.
"OCEAN HOUSE'
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfasl.Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Evenls anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate lotal square footage of the two buildings is 7,000 square feet
d. 5, I bedroom suites, with sleeping for t0 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
4. Proposed Structures: None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designaled parking spaces at the rear of the property in the utility easement
along lhe alley.
d. All Special Evenl parking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trash receptacles.
Located at the rear of the property in the utility easement along the alley.
c. No trash dumpsters will be used.
Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for
announcements, loasts, etc.
Types of music allo. wed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel
Special Events will not adversely affect our neighbors hr their property.
Acceptable: K,
Car. ql"/~tus, 102 Alta Plaza
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporale meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, g.raduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, 1 bedroom suites, with sleeping for l0 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
Proposed Structures: None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
aongthea ey ·
d. All Special Event parking will be off-site, will be off-street, and w be using valet parkers.
6. Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the rear of the property in the utility easement along the alley.
c. No trash dumpsters will be used.
7. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
8. No more than 40 Special Events with over 20 people will be held each calendar year.
9. Ail Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings.
10.
Il.
12.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for
announcements, toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
Security Plan
a. When alcoholic beverages are lo be served at a Special Event, security will be required, as follows:
(i) 20 io 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their property. . . ~.
I¢l~i[i:Sq-. Engelhardt,/Y06 Alta Plaza
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parlies, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who witl provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, I bedroom suites, with sleeping for 10 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
4. Proposed Structures: None Planned or Intended
10.
II.
12.
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by lheir non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along the alley.
d. Ail Special Event parking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the rear of the property in the utility easement along the alley.
c. No trash dumpsters will be used.
Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Spec'iai Events between 8:30am and 10:00am will be limited to breakfast meetings.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited to the stereo system with built- in speakers, a keyboard, or a microphone for
announcements, toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their property.
'~' ~ ' i -i. ~_7 I~ate:
Acceptable: i.-tt~!~ . ; ....
An~/t t~'h'~elfiardt, 106 Alta 'Plaza
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of properly: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, I bedroom suites, with sleeping for 10 lodgers, and 2 bedrooms for ownem
e. Living room/dinning room, garden & pool area used for special events
4. Proposed Structures: None Planned or Intended
10.
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along the alley.
d. All Special Event p. arking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the rear of the properly in the utility easement along the alley.
c. No trash dumpsters will be used.
Special l}vents will be between 20 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited lo the stereo system with built- in speakers, a keyboard, or a microphone for
announcements, toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
II. Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty polio('~fficers or other law enforcement
personnel.
not adversely affect our neighbors o~r ~propert~
12. Special Eventswi,l '~- (~/~(]~'/C,~'i[ :' ~' ~
Acceptable: . ~c. '~ ~ ,~ Date:
Ser~P~'ffvares, 3232 Ocean Diive ~
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Ameuded June 12, 2003
CL.
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipaled will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meelings, but may include baptisms, bridal leas, corporate banquets,
Fautily reanions, gradaalion parties, office parties, privale dinner parlies, photo shools, political rundraisers.
quinceaneras, receplions, or similar types of functions by a guest who will provide compensation for lhe
use ornll or a porlion of the premises.
Exisling Land Uses on A4ioining Properties
a. North side orpropedy: multi-family aparlments
b. South side of properly: single family home, Mr. and Mrs. Oscar Spitz
c. East side of properly: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, ltewit Drive and Alta Plaza
Existing Ilome
a. Main Iloose, 3 stories
b. Garden Itouse, 2 slories
c. Approximate Iotul square foolage of the two baildings is 7,000 square feet
d. 5, 1 bedroom suiles, with sleeping for 10 lodgers, and 2 bedrooms for owners
e. Liviug room/dimdng room, garden & pool area used for special events
Proposed Structures: None Planned or Inlended
Parking Management Plan
a. The front entrance drivexvay will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the enlrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B ut B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along tbe alley.
d. All Special Evenl parkiug will be off-site, will be off-street, and will be using valet parkers.
6. Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the ~ear pf the property in tile utility easement along the alley.
c. No trash dumpsters will be used.
7. Special Events will be belween 20 aud 80 guests. More lban 80 guests will never be allowed.
8. No more thau 40 Special Events with over 20 people will be held each calendar year.
9. All Special Events will be betweeu Ihe hours of 8:30am and 10:O0pm. Special Events before 8:30am, or after 10:O0pm,
will never be allowed. Special Events between 8:30am and 10:O0am will be limited to breakfast meetings.
I0.
Il.
12.
Music
b.
Electric guilars and drum sets will never be allowed.
Ampfified sounds will be limited Io the stereo system with built- in speakers, a keyboard, or a microphone for
announcelnenls~ toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
Security Plan
a. Wben alcoholic beverages are to be served al n Special Evenl, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their property. /7 '"'~,/~ L
10.
11.
12.
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Ameuded June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfast Home to offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House. 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, I bedroom suites, with sleeping for 10 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
Proposed Structures: None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
aod as the entrance way for B&B and B&B/SE loading, unloading, cbecking in and ont
b. No B&B or B&B/SE parking will be allowed oo Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear ofthe property in the utility easement
along the alley.
d. All Special Evenl parking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trasfi receptacles.
b. Located at the rear of the properly in the utility easement along the alley.
c. No trash dumpsters will be used.
Special Events will be between 90 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
All Special Events will be between the hours of 8:30am and 10:00pm. Special Events before 8:30am, or after IO:00pm,
will never be allowed. Special Events between 8:30am and 10:O0am will be limited to breakfast meetings.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited to the stereo syslem with built- in speakers, a keyboard, or a microphone for
announcements, toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after lO:OOpm.
Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers wilt be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their propemy.
Acceptable: ,' J ,? ) ~ r .i. ~i'" Date: /
Cl~'rlc/ogg'pitz, 3285 Ocean D,,0'k'e .~
10.
11.
12.
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June t2, 2003
CC5 ,¢
Purpose of Request
a. Bed and Breakfast Home Io offer sleeping accommodations to lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all ora portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of property: single family home, Mr. and Mrs. Oscar Spitz
c. East side of property: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, I bedroom suites, with sleeping for l0 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
Proposed Structures:None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along the alley.
d. All Special Event p. arking will be off-site, will be off-street, and will be using valet parkers.
Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Local'ed at the rear of the property in the utility easement along the alley.
c. No trash dumpsters will be used.
Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
No more than 40 Special Events with over 20 people will be held each calendar year.
All Special Events will be between the hours of 8:30am and 10:O0pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be lirnited to the stereo system with built- in speakers, a keyboard, or a microphone for
announcements, toasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
Special Events will not adversely affect our neighbors or their t~'pperty. / /'
"OCEAN HOUSE"
B&B/SE APPLICATION
LAND USE STATEMENT
Amended June 12, 2003
COPY
Purpose of Request
a. Bed and Breakfast Home Io offer sleeping accommodations t~ lodgers, not exceeding five (5)
bedrooms and not more than ten (10) lodgers.
b. Special Events anticipated will primarily be weddings, wedding receptions, charity fundraisers,
community meetings and corporate meetings, but may include baptisms, bridal teas, corporate banquets,
family reunions, graduation parties, office parties, private dinner parties, photo shoots, political fundraisers,
quinceaneras, receptions, or similar types of functions by a guest who will provide compensation for the
use of all or a portion of the premises.
Existing Land Uses on Adjoining Properties
a. North side of property: multi-family apartments
b. South side of properly: single family home, Mr. and Mrs. Oscar Spitz
c. East side of properly: single family homes on bayside of Ocean Drive
d. West side of property: single family subdivisions, Hewit Drive and Alta Plaza
Existing Home
a. Main House, 3 stories
b. Garden House, 2 stories
c. Approximate total square footage of the two buildings is 7,000 square feet
d. 5, 1 bedroom suites, with sleeping for 10 lodgers, and 2 bedrooms for owners
e. Living room/dinning room, garden & pool area used for special events
Proposed Structures: None Planned or Intended
Parking Management Plan
a. The front entrance driveway will only be used by the owners, by their non B&B or B&B/SE private guests,
and as the entrance way for B&B and B&B/SE loading, unloading, checking in and out
b. No B&B or B&B/SE parking will be allowed on Ocean Drive.
c. B&B lodgers will use four (4) designated parking spaces at the rear of the property in the utility easement
along the alley.
d. All Special Event parking will be off-site, will be off-street, and will be using valet parkers.
6. Trash Receptacles
a. Five 36 gallon trash receptacles.
b. Located at the rear of the properly in the utility easement along the alley.
c. No trash dumpsters will be used.
7. Special Events will be between 20 and 80 guests. More than 80 guests will never be allowed.
8. No more than 40 Special Events with over 20 people will be held each calendar year.
9. All Special Events will be between the hours of 8:30am and !0:00pm. Special Events before 8:30am, or after 10:00pm,
will never be allowed. Special Events between 8:30am and 10:00am will be limited to breakfast meetings.
10.
Music
b.
Electric guitars and drum sets will never be allowed.
Amplified sounds will be limited to the stereo system with buill- in speakers, a keyboard, or a microphone for
announcements, loasts, etc.
Types of music allowed include non-amplified mariachis, guitars, violins, harps, cellos, etc.
Music will never be allowed after 10:00pm.
11. Security Plan
a. When alcoholic beverages are to be served at a Special Event, security will be required, as follows:
(i) 20 to 50 guests require one officer; and
(ii) 51 to 80 guests require two officers.
b. When available, security officers will be off-duty police officers or other law enforcement personnel.
12. Special Events will not adversely affect our neighbors.or)their properly. / J
'.-.-z--,.. I '71 //;7
~aur e Mintz, 3280 Ocean Drive //~--~/~ ,/
Planmng Commission Minutes
June 18, 2003
Robert and Dahlia Schulte: 0603-08
REQUEST:
Specific Use Permit for a Bed and Breakfast Home with Special Events on
property described as Markamay Estates, Lot 2, and located on the west side of
Ocean Drive, approximately 200 feet south of Hewit Drive.
Mr. Saldafia presented a computerized slide illustration of the subject property and the
surrounding area. The applicants have requested a Specific Use Permit (SUP) for a bed and
breakfast home with special events. The applicant is currently under contract to purchase the
property known as "The Ocean House." The Ocean House is known as a bed and breakfast
home with the occasional special event. It is the applicants' intent to continue operating the bed
and breakfast home and hosting special events, i.e.; weddings, workshops, and other similar
events. The applicant has indicated that the house contains five (5) bedrooms of which one will
be used for the applicants' quarters and the remaining four (4) bedrooms will be for guests not to
exceed a total of 13 guests. According to Section 3-1.06.1 and 3-1.06.2, a bed and breakfast
home is limited to five (5) bedrooms and not more than ten (10) lodgers, not including the
owner-occupied rooms. Therefore, the applicants can use the four (4) bedrooms for the bed and
breakfast, but are limited to ten (10) lodgers, if the bed and breakfast home is approved.
In addition to the bed and breakfast home, the applicants propose to continue hosting
special events. It is the applicants' proposal to limit the number of special events to no more
than one event per week with no more than 100 guests per event. These events will be held
between the hours of 8:30 a.m. and 10:00 p.m. with no outdoor amplified music. Music
entertainment may range from a string quartet to mariachi group, none of which will be
amplified. Parking for the special events will be in the form of valet parking and the applicants
have obtained permission from a nearby church to use their parking lot.
The subject property has direct access to an arterial, Ocean Drive, without traversing a
residential area. Ocean Drive is estimated to carry approximately 30, 000 vehicles per day. The
allowance of the Special Events limited to a number of people will not adversely impact the
surrounding area, especially since the parking will be valet parking. There is an alley at the rear
of the property that is used by the lodgers of the bed and breakfast and not used by the guests of
the special event. The applicant has no objection to prohibiting the use of the alleyway for
special events.
Staff recommends obtaining public comments to determine the viability of a bed and
breakfast home with special events. There were 28 notices, one in favor and 4 were in
opposition and the applicant also submitted a letter in favor.
After discussion regarding options for approve, Mr. Gunning stated that the commission
could approve a bed and breakfast home, a bed and breakfast home with more than 4 four
boarders, as submitted.
Public heating was opened.
-182-
Planning comnUssion Minutes
June 18, 2003
Case No. 0603-08 (Robert and Dahlia Schulte)
Page 2
Robert Shulte, 3275 Ocean Drive, purchased the Ocean House. Stated that he has heard
about the parties that were held before. He has received letters of support. He is willing to work
with the neighborhood.
Dorothy Spann, 502 Del Mar, stated that she appreciates the ordinance and stated that it
has been applicable. She met with the Shultes regarding their bed and breakfast.
In response to Commissioner Zamora, Mr. Shulte stated that if parking were not
available, the event would not be held. Commissioner Zamora stated that he preferred to have a
special permit created and taken to the neighborhood for approval prior to Commission's action.
Commissioner Salazar and Amsler agreed.
In response to Chairman Berlanga, Mr. Shulte stated that he has operated 20 restaurants
in San Antonio and an executive catering company, but never owned a bed and breakfast.
There was a discussion regarding the definition of a Special Event and how they relate to
a bed and breakfast operation. Concerns included the number of events held per week and per
year; another concern was allowing a business to operate in a residential neighborhood.
Mr. Shulte addressed Commission concems.
discreetly and with consideration for the neighbors.
first and the business second.
He stated that he would use the home
He added that Ocean House is his home
Dorothy Spann stated that the residential commonality needed to be maintained. There is
a concern of decrease in value for the property near the business.
Public hearing was closed.
Mr. Saldafia stated that the Commission needed to make a finding that there would or
xvould not be substantial or adverse affect on the adjoining properties.
Motion by Salazar, seconded by Pusley, to allow the applicants to meet with neighbors
and pros and cons for the next meeting and legal definition. Motion passed with Mims being
absent.
-183-
Planning Commission Minutes
July 2, 2003
Continued Zoning
Case 1No. 0603-08 - Robert and Dahlia Schulte:
REQUEST: Specific Use Permit for a Bed and Breakfast Home with Special Events Located
on the west side of Ocean Drive, approximately 200 feet south of Hewit Drive.
Mr. Saldana stated that he met with Mr. Schulte who submitted a letter signed by his
neighbors. Staff did not have arecommendation.
Robert Schulte, 3375 Ocean Drive, provided a brief history of the case. He stated that he
met with his neighbors, and added that he and his wife sent out 60 letters not including the 30
notices mailed by the City. He stated that two of his neighbors were no longer in opposition and
signed a letter that they were no longer opposed.
Mr. Saldana stated that he received one (1) in favor and four (4) in opposition. Under the
signed condition, two of them are no longer in opposition.
Dorothy Spann, 502 Del Mar, spoke of the case as it affects Del Mar subdivision.
Wanted to make sure that the owner of the bed and breakfast would have to come to the city for a
hearing and be charged a fee. Ms. Spann stated that the Del Mar Association was opposed to the
Specific Use Permit because it could set a precedent.
Mr. Schulte added that he would not be objectionable to a time limit and go through a
renewal process. With regard to a question regarding the number of events that would be held
per year, Mr. Schulte stated that the original number of events was 52, but explained that 40
would be the most feasible number of events.
Tracy Smith, 211 Carrizo, provided information regarding a bed and breakfast on
Atlantic Street closed the bed and breakfast because of the ordinance requirements. Ms. Smith
stated that there are only three bed and breakfasts left in Corpus Christi. Commissioner Mims
expressed concern with driving businesses out because of the conditions of the ordinance.
Public hearing was closed.
Commissioner Smith suggested that Mr. Schulte be provided a Special Events permit for
one (1) year and the option for renewal.
Chairman Berlanga stated that he believed Ocean House should remain as a bed and
breakfast, but special events should not be allowed in residential areas. He read Section 25 of
the ordinance.
In response to Vice Chairman Mires, Mr. Saldafia stated that a traffic analysis was not
conducted due to the fact that the property's only access is to an arterial which would not be
affected by the specific use permit.
-184-
Planrdng Commission Minutes
July 2, 2003
Case No. 0603-08 (Robert and Dahlia Schulte)
Page 2
Vice Chairman Mims suggested that information regarding hotel/motel tax being paid
should also provided.
Commissioner Salazar stated that he believed that property values would be affected if
the special events permit were approved. He continued that he was not comfortable with the
number of property owners in favor of the permit use. He also expressed concern regarding
neighbors not attending the Commission meeting.
Commissioner Pusley expressed concern for the precedent that would be established if
the permit were approved. However, he stated that he would support the request if the applicant
were required to renew every year.
Commissioner Richter expressed concem that the intent of the ordinance was not to hold
a large number of special events. She also expressed concern with the neighbors adjacent to the
property not submitting notification either in opposition or in favor.
Commissioner Zamora stated that there are cases where the special events permit are
compatible one of which was the current case. He agreed with the one year limitation and
renewal if applicable. He also addressed the fact that there was only one neighbor at the
meeting.
Commissioner Amsler stated that he agreed with Commissioner Zamora and continued
that there also be an additional requirement. The additional requirement would be that the
neighbors could request that the permit be withdrawn if the use becomes incompatible with the
neighborhood.
Commissioner Stone suggested that the neighbors have been living with the bed and
breakfast and are not opposed or are in favor because of their absence at the meeting. In
response to Commissioner Stone's question, Mr. Saldafia stated that the permit is for land use
and cannot be determined by the owner of the property.
Commissioner Richter asked Commissioner Smith for parameters for renewal to which
he stated that a 500-foot notification of property owners paid by the applicant. She suggested
that each case be considered on its own merits. After one year, the Commission would hold the
hearing for renewal.
Mr. Hamey, Assistanl City Attorney, advised that the Commission could make a
recommendation for a specific owner of the properly.
Motion by Mims, seconded by Pusley, request for sup for bed and breakfast special
events, recertify on yearly basis, provide proof of hotel/motel taxes being paid, require a nominal
fee for notification of 500-feet, change of ownership, and that the findings in my opinion as a
matter of fact "25A-4.03" meet the findings with information before us. Motion passed with
Amsler, Mims, Pusley, Richter, Salazar, Smith, and Stone voting "Aye"; and Berlanga voting
"Nay".
-185-
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
ROBERT AND DAHLIA SCHULTE, BY CHANGING THE ZONING MAP
IN REFERENCE TO LOT 2, MARKAMAY ESTATES, (CURRENTLY
ZONED "R-lA" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A
SPECIFIC USE PERMIT FOR A BED AND BREAKFAST HOME WITH
SPECIAL EVENTS SUBJECT TO A SITE PLAN AND 'I'VVELVE (12)
CONDITIONS; AMENDING THE COMPREHENSlVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Robert and Dahlia Schulte for
amendment to the of the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 18, 2003 and on July 2, 2003, during a meeting of the Planning Commission, and
on Tuesday, October 14, 2003, during a meeting of the City Council, in the Council
Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons
were allowed to appear and be heard; and
WHEREAS, the City Council has determined that 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 granting a Specific Use Permit for a bed and breakfast home with special
events on Lot 2, Markamay Estates, (currently zoned "R-lA" One-family Dwelling
District), located on the west side of Ocean Drive, approximately 200 feet south of Hewit
Drive, as shown on the attached Exhibit A.
SECTION 2. That the Specific Use Permit granted in Section 1 of this Ordinance is
subject to a site plan attached as Exhibit A and the following twelve (12) conditions:
1. USE: This Specific Use Permit allows a bed and breakfast home with special
events and limited to the current operators, Robert and Dahlia Schulte.
2. BEDROOMS: The number of bedrooms used for a bed and breakfast shall
not exceed five (5) bedrooms.
3. LODGERS: The number of lodgers permitted at any one time shall not
exceed ten (10)lodgers.
H:\LEG-DIRUOSE PH~ZONING~-O60308A. DOC
-186-
Page 2 of 4
4. SPECIAL EVENTS: The number of special events shall not exceed 40 events
per year.
5. HOURS OF EVENTS: The special events are limited to the hours between
8:30 a.m. and 10:00 p.m. Special events between 8:30 a.m. and 10:00 a.m. are
limited to breakfast meetings.
6. GUESTS OF EVENTS: The number of guests for any one special event shall
not exceed 80 people.
7. OFF-STREET PARKING: One (1) off-street parking space for each bedroom
in the bed and breakfast home and two (2) parking spaces for the residence.
Off-street parking for all special events must be valet parking to an approved
parking area.
8. HOTEL/MOTEL TAX: Evidence of payment of the hotel/motel tax must be
provided upon written request from City official and along with submission of
renewal request.
9. SPECIAL EVENT SECURITY: Security for special events that serve alcoholic
beverages must be provided with at least one security officer for gatherings of 20
to 50 guests and at least two (2) security officers for gatherings of 51 to 80
guests.
10. MUSIC: Live music containing electric guitars, drum sets, or amplified
instruments shall not be permitted. A microphone limited to toasts,
announcements, or speeches may be permitted. No amplified sounds of any
type shall be permitted after 10:00 p.m.
11. REFUSE RECEPTACLES: A trash dumpster shall not be permitted on the
property.
12. TIME LIMIT: This Specific Use Permit shall be valid for a period of one (1)
year from the date of the last City Council action. Renewal of the Specific Use
Permit must be made and approved prior to the expiration date. A fee equal to
50 percent of the standard application fee must be paid to the City to offset the
cots of advertising.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:~LEG-DIRUOSE PH~_ONING~Z060308A.DOC
-187-
Page 3 of 4
SECTION $. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of October, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED /~.?~- z_ t 2003
Assistant City Attorney
For City Attorney
H:\LEG-DIR~JOSEPH~ONING~.060308A.DOC
-188-
Page 4 of 4
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:~LEG-DIR~JOS E PH~ZONI NG~Z060308A.DOC
-189-
(Not U~ed by Lot 1)
20' ALLEY
N32'55'00"W 90.50'
LOT 7
LOT 1
NSO'OB'OO"W
6.00'
ALTA VISTA ON THE BAY
BLOCK 5
LOT 6
OC
THIS IS TO CERTIFY THAT I HAVE CONSULTED THE
FEDEP~.L INSURANCE FLOOD HKZARD MAP AND
FOUND THAT THE PROPERTY DESCRIBED HEREON
IS NOT SITUATED IN A SPECIAL FLOOD HAZARD AREA.
ZONE C. COMMUNI~ NO. 485464
~ HEREBY CERTI~ THAT THIS P~T DEPICTS THE
RESULTS OF A SURV~ MADE ON THE GROUND AND
THAT THERE ARE NO V~SIBLE MANMADE CONVICTS.
PROTRUSIONS OR ENCROACHMENTS.
,~...:;...~..~::~/
STEWART TITLE COMPANY
G. F. NO. 01064300
BORROWER: EDWARD S. SHOEMAKER
SURVEY OF
PART OF LOT 2
MARKAMAY ESTATES. CORPUS CHRISTI
NUECES COUNTY. TEXAS
VOLUME 27. PAGE 60
MAP RECORDS
HAA~--$ U~I N G
,%~. ~.,_.~,,~,%:,~.
20
MEMORANDUM
DATE:
TO:.
FROM:
RE:
10/3/03
MAYOR AND CITY OOUNaL MEMBERS ,--'~ ~ , ~
M/OJ.~EL GUNNING, DEVELOPMENT SERVICES- PLANNING I ~ I.G~
ZONING CASE:0403-03 LAS VILLAS DE CORTE REAL - "I-2" DISTRICT TO "R-2" DISTRICT
The Plann/_ng Commission heard Case: 0403-03 Las V'tllas De Corte Real on April 23, 2003. At that
hearing the Planning Commission recomn~nded the case be approved and forwarded to City
Council for action. Subsequently, the case was scheduled for action before City Council on June 10,
2003. Prior to the heating date staff received a memorandum from the applicant requesting tabling
of the case until October 14, 2003. At the June 10, 2003 public hearing of the City Council Case:
0403-03 was tabled until October 14, 2003.
FGM
-193-
6-06-2~3 8:SBAM FROM ~LANNING B12 680 3S90 P. 2
JOHN C. TAMEZ
823 KINNEY AVE.
CORPUS CHRISTI, TEXAS 78401
(361 ) 883-6505 / (361 ) 87943088 FAX
June 2, 2003
Ms. Fm'y~e Good~-Macon
S0nior Planner - D~velopm~nt Services
city of Corpu~ Chri~i
2406 Leopard
Corpus Chri~i, Texas 78408
Subject: Application for Rezonln~
Case No. 0403-03
Dear Ms. Goode-Macon:
This letter i~ a formal request for postponement of City Council a~tion on our
rczoning application for the subject case. This request is prompted by unforeseen needs
for additional time in the final purc~mse of this land. This request is prompted by our
plan not to change the rezoning of the site's current designation as "light indusu'ial" until
thc developers are ready to finalize their purchase.
Accordingly, we hereby request pog3xmement of City Council ~'tion until
October 14, 2003. In the even that you need further information or documentation in
order to postpone this application, pleas~ fi~l free to call both (1) the undersigns! at
361-883-6505 and (2) Mr. Rogelio R. Santos of The M & S G-mup a~ 281=359-5038, as
soon m possible.
Thank you for your assistanc~ in this martyr.
Very truly,
94-
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: June 10, 2003)
Case No.: 0403-03~ Las Villas De Corte Real: A change of zoning from a "I-2" Light Industrial
District to a "R-2" Multiple Dwelling District on Mid-Town Industrial District, Block I, Lots 62, 63, and 64,
located south of Bear Lane between Cliff Mans Drive and South Navigation Boulevard.
Planning Commission's Recommendation (04/23/03): Approval.
Staff's Recommendation (04/23/03): Denial.
Requested Council Action: Approval of the "R-2" District and adoption of the attached ordinance.
Purpose of Request: To develop an apartment complex with 140 units.
Summary: The applicant has requested a change of zoning from an "1-2" Light Industrial District to a "R-2"
Multiple Dwelling District to allow for an 140 unit multi-family complex. The "I-2" District does not allow for
dwellings other than for a caretaker facility. The subject site is a 9.9-acre tract that is presently in an agriculture
state. The applicant has indicated that the proposed complex would be developed under the housing tax-credit
program for working families. Amenities within the complex would include a secured access, a swimming pool, a
hospitality room, a playground area, mailbox kiosks, a laundry area, and a daycare center.
To the north, across Bear Lane is Village on the Green, a single-family and multi-family development zoned with an
"A-i"/CUP District. The "A-I"/CUP Disttrct is an apartment house classification with a community unit plan
overlay designation that is no longer available within the current zoning ordinance. Additionally, to the north is an
undeveloped "B-I" District and "I-2" D/strict. Along the south area of the subject property is undeveloped land and
distribution companies within an "I-2" District. East of the subject property, across South Navigation Boulevard is
undeveloped "I-2" District property and west of the subject property, across Cliff Mans Drive, is undeveloped "I-2"
District property.
The subject property is bounded to the north, east and west by two rural arterial roadways, Bear Lane and South
Navigation Boulevard, and one rural local roadway, Cliff Maus Drive. Traffic generated from the proposed multi-
family use is estimated at 905 average weekday vehicles trip ends per day. Such traffic could be accommodated by
the adjacent street systems. However, the comprehensive plan does not support residential development in
proximity to industrial zoning and/or uses. The subject proper~ is surrounding by industrial zoinng on three (3)
predominate sides of the site. The Westside Area Development Plan's furore land use map recommends the area to
maintain its industrial classification. The requested "R-2" District is inconsistent with the Plan. However, Staff is
supportive of the "R-2" District provided a buffer can be created to protect the residences.
Applicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Prior to the date of this memorandum, seventeen (17) notices were mailed to the property owners
within a 200-foot radius, of which one was returned in favor and one in opposition. This case is considered
controversial. The 20% rule is not in effect at the City Council hearing.
Director of Planning
-195-
Agenda Memorandum
Case No. 0403-03 (Las Villas De Corte Real)
Page 2
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinance
H:~PLN-DIR~ERMA\WORD~AGENDMEM\0403-03AGENDAMEMO.DOC
-196-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0403-03
April 23, 2003
J14C
Las Villas De Corte Real
M/d-Town Industrial District, Block 1, Lots 62, 63, and 64, located south of Bear Lane between Cliff
9.9 acres
Same as above.
"I-2" Light Industrial District
"R~2" Multiple Dwelling District
Undeveloped land.
Apartment comp]ex with 140 units.
Not applicable.
Maus Drive and South Navigation Boulevard.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North - "A-l/CUP" Apartment House District/Community Unit Plan and "B-I" Neighborhood
Business District
South, East, West - "1-2" Light Industrial District
Adiacent Land Use:
North - (across Bear Lane) Duplexes and Undeveloped land.
South - Undeveloped, distributor companies and conven/ence store.
East, West - (across CliffMaus Drive and South Navigation Boulevard) Undeveloped land.
-197-
ZonJ. ng Report
Case No. 0403-03 (Las Villas De Cone Real)
Page 2
Number of Residential Units Allowed:
"I-2" - Permanent or temporary housing or lodging is not permitted except for caretaker's quarters.
"R-2" - 143 units (14.52 dwelling units per acre on 9.9 acres)
Estimated Traffic Generation:
Multiple Dwellings - 6.47 average weekday vehicle trip ends per dwelling unit x 140 units = 905
average weekday vehicle trip ends.
General light industrial - 51.80 average weekday vehicle trip ends per acre x 9.9 acres = 512 average
weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Bear Lane - rural arterial
b) Cliff Maus Drive- rural local.
c) South Navigation Boulevard - rural arterial.
Right-of-Way Design
Current:
a) 70-foot right-of-way with a 21-foot paved section.
b) 70-foot right-of-way xvith a 21-foot paved section.
c) 70-foot right-of-way with a 21-foot paved section.
Planned:
a) 95-foot right-of-way with a 50-foot back-to-back paved section and a 14-foot wide median.
b) 60-foot fight-of-way xvith a 40-foot back-to-back section.
c) 130-foot right-of-way with a 79-foot back-to-back paved section and a 16-foot wide median.
2001 Traffic Count (24-hour~ weekday~ non-directional):
a) Not available.
b) 4,459 vehicles per day.
c) 10,080 vehicles per day.
Zoning History of Property:
There has not been any rezoning o£the property within the past five- ($) years.
-198-
Zoning Report
Case No. 0403-03 (Las Villas De Cone Real)
Page 3
Recent Surrounding Zoning Cases:
In July 2002, a portion of Block 1 southwest of the subject property, located in 100 South Padre
Subdivision and abutting South Enterprize Parkway, was rezoned from "I-2" to "B-4" for group
housing.
Planning Staff Analysis:
General Characteristics and Back~round: The applicant has requested a change of zoning
from an "I-2" Light Industrial District to a "R-2" Multiple Dwelling District to allow for an
140 unit multi-family complex. The "I-2" District does not allow for dwellings other than for
a caretaker facility. The subject site is a 9.9-acre tract that is presently in an agriculture state.
The applicant has indicated that the proposed complex would be developed under the
housing tax-credit program for working families. Amenities within the complex would
include a secured access, a swimming pool, a hospitality room, a playground area, mailbox
kiosks, a laundry area, and a daycare center.
To the north, across Bear Lane is Village on the Green, a single-family and multi-family
development zoned with an "A-I"/CUP District. The "A-I"/CUP District is an apartment
house classification with a community unit plan overlay designation that is no longer
available within the current zoning ordinance. Additionally, to the north is an undeveloped
"B-I" District and "I-2" District. Along the south area of the subject property is undeveloped
land and distribution companies within an "I-2" District. East of the subject properly, across
South Navigation Boulevard is undeveloped "I-2" District property and west of the subject
property, across Cliff Mans Drive, is undeveloped "I-2" District property.
The subject property is bounded to the north, east and west by two rural arterial roadways,
Bear Lane and South Navigation Boulevard, and one rural local roadway, CliffMaus Drive.
Traffic generated from the proposed multi-family use is estimated at 905 average weekday
vehicles trip ends per day. Such traffic could be accommodated by the adjacent street
systems. However, the comprehensive plan does not support residential development in
proximity to industrial zoning and/or uses. The subject properly is surrounding by industrial
zoning on three (3) predominate sides of the site. The Westside Area Development Plan's
future land use map recommends the area to maintain its industrial classification. The
requested "R-2" District is inconsistent with the Plan.
Potential Housing Density: The "I-2" District does not permit any permanent or temporary
housing or lodging, except for a caretaker's quarters. A "R-2" District permits a density of
14.52 dwelling units per acre or 143 units on 9.9 acres on the subject property.
Hei~t/Bulk/Setbacks/Etc.: The "I-2" District requires a front yard setback of twenty (20) feet
and no required side or rear yard setback unless adjacent to a residential district where a
setback often (10) feet is required from that residential adjacency. The subject property does
not have residential adjacency. The "I-2" District do not limit building heights. Building
-199-
Zoning Report
Case No. 0403-03 (Las Villas De Corte Real)
Page 4
heights in the "R-2" District are limited to 45 feet not to exceed three (3) stories. A "R-2"
District requires a front yard setback of twenty (20) feet with a side and rear yard setback five
(5) feet each for single-family and duplex uses and ten (10) feet each for the first floor plus
five (5) feet for each additional floor for multiple-family uses.
Silage: Wall and freestanding signs in the "I-2" District are unlimited provided the signs
are located behind the front yard. Ifa freestanding sign is located within the required front
yard of twenty (20) feet, the sign is limited to one sign per street frontage with a sign area of
forty (40) square feet and a height of 25 feet. The "I-2" District also permits off-premise
signs (billboards). The "R-2" District is limited to one (1) thirty (30) square feet
identification sign.
Traffic: The subject property has direct access to three rural arterial roadways. The amount
of traffic generated by the multiple dwelling complex is estimated at 905 vehicle trip ends
per day. Such traffic could be accommodated by the existing street systems and would be
less of an impact than an industrial use. A general light industrial use would generate
approximately 512 daily trip ends.
Parkin~Screening: One and one-half parking spaces are required for every unit with one (1)
bedroom. Units with two (2) or more bedrooms are required two (2) parking spaces. An
industrial use is required to provide off-street parking at a rate of one parking space for every
three- (3) employees. A standard screening fence is not required for residential development.
Pros: (Ideas in support of the request.)
a) The subject property has direct access to two (2) rural arterial roadways.
b) Multi-family development exists north of the subject property.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The Westside Area Development Plan's future land use map recommends the area develop
as light industrial.
b)
The Comprehensive Plan does not support residential development in proximity to industrial
zoning/uses.
Staff Recommendatlon:
Denial
Planning Commission Recommendation: Approval
Attach ments:
Zoning Map
H :\PLN-D1R\ERMA\WORD',ZON RPTSX2003\0403-03CCREPORT.DOC
-200-
ON THE
GREEN
HOPPI
GREEN
PARK OR
LANE
AR LANE
I-2
I-2
MIDTOWN I
Ok~IUNITY SETTLEMEN
CENTER
R-II3
B-I
GOLDEN GAT[ CIRCLE
SOUTHBR I DGE
UNIT 4
RIV£RTON DRIVE
Apr 18. 2005 - RP
CASE Z0403-03
~ Subject property
~10~ners within 200 feet listed on ottoched ownership list
-201-
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0403-03
Las Villas De Corte Real
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
II.
Notices returned from within the 200-foot notification area:
Favor:
4)
E. V. Bonner, Jr., P. O. Box 9036
No written comment.
Opposition:
5) Ernest Salazar, Sr., 1442 CliffMaus Dr.
"It would devalue property. Security concerns. Industrial and businesses would
increase value of properties. Government housing or free housing would not pay
taxes and the schools would probably get hosed. Keep it industrial and business
will move here and pay taxes. West Oso I.S.D. is out taxes because of this,
churches coming in, etc."
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:WLN -DIR\ERMA\WORD\COM M DATA\0403-03COMM ENTS.DOC
-202-
Planning ComnUssion Minutes
April 23, 2003
Las Villas De Corte Real: 0403-03
REQUEST:
"I~2" Light Industrial District to "R-2" Multiple Dwelling District on
property described as Mid-Town Industrial District, Block 1, Lots 62, 63,
and 64, and located south of Bear Lane between Cliff Maus Drive and South
Navigation Boulevard.
Ms. Goode-Macon provided a slide illustration of the subject property and the
surrounding area. The applicant has requested a change of zoning fi.om an "I-2" Light Industrial
District to a "R-2" Multiple Dwelling District to allow for a 140 trait multi-family complex. The
"I-2" District does not allow for dwellings other than for a caretaker facility. The subject site is a
9.9-acre tract that is presently in an agriculture state. The applicant has indicated that the
proposed complex would be developed under the housing tax-credit program for working
families. Amenities within the complex would include a secured access, a swimming pool, a
hospitality room, a playground area, mailbox kiosks, a laundry area, and a daycare center.
To the north, across Bear Lane is Village on the Green, a single-family and multi-family
development zoned with an "A-I"/CUP District. The "A-I"/CUP District is an apartment house
classification with a community unit plan overlay designation that is no longer available within
the current zoning ordinance. Additionally, to the north is an undeveloped "B-I" District and "I-
2" District. Along the south area of the subject property is undeveloped land and distribution
companies within an "1-2" District. East of the subject property, across South Navigation
Boulevard is undeveloped "1-2" District property and west of the subject property, across Cliff
Maus Drive, is undeveloped "I-2" District property.
The subject property is bounded to the north, east and west by two rural arterial
roadways, Bear Lane and South Navigation Boulevard, and one rural local roadway, CliffMaus
Drive. Traffic generated from the proposed multi-family use is estimated at 905 average
weekday vehicles trip ends per day. Such traffic could be accommodated by the adjacent street
systems. However, the comprehensive plan does not support residential development in
proximity to industrial zoning and/or uses. The subject property is surrounding by industrial
zoning on three (3) predominate sides of the site. The Westside Area Development Plan's future
land use map recommends the area to maintain its industrial classification. The requested "R-2"
District is inconsistent with the Plan. Therefore Staff recommends denial of the rezoning
request.
There were 17 notices were mailed to property owners within a 200-foot radius of which
one (1) was returned in favor and none were returned in opposition.
Mr. Gunning informed the Commission that the "R-2" District rezoning is contingent on
state funds. He explained that the applicant is applying for state funds which requires that
criteria be in place; one of which is zoning.
Public hearing was opened.
-203-
Planning ComnUssion Minutes
April 23, 2OO3
Case No. 0403-03 (Las Villas De Corte Real)
Page 2
Tim Clower, representing the applicant, reiterated Mr. Gunning's statement and provided
a site plan for the property.
Roy Santos, applicant, explained the concept for the development and also explained the
requirements for state funding.
Mr. Martinez, 323 Barrera, San Antonio, Texas, stated that he has been involved with
other developments using state funds.
Commissioner Salazar stated that he needed to abstain due to the fact that he believed a
relative might be involved in the construction of the project.
There was discussion regarding the adjacent property being zoned "1-2" District and
abutting a potentially residential zoned area.
Public hearing was closed.
Motion by Amsler, seconded by Pusley, to forward a recommendation for approval.
Motion passed with Salazar abstaining, Mims being out of the room, and Richter being absent.
Motion by Amsler, seconded by Pusley, to review surrounding "I-2" District areas if the
project is developed to create a buffer. Motion passed with Richter being absent.
-204-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LAS
VILLAS DE CORTE REAL, BY CHANGING THE ZONING MAP IN
REFERENCE TO MID-TOWN INDUSTRIAL DISTRICT, BLOCK1, LOTS
62, 63 AND 64, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "R-2"
MULTIPLE DWELLING DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Las Villas De Corte Real 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,
April 23, 2003, during a meeting of the Planning Commission, and on Tuesday, October
14, 2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lots 62, 63 and 64, Block 1, Mid-Town Industrial
District, located south of Bear Lane between Cliff Maus Drive and South Navigation
Boulevard, from "1-2" Light Industrial District to "R-2" Multiple Dwelling District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or pads of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:\LEG-DIR\JOSEPH~ONING\0403-03REGU LAR.DOC
-205-
Page 2 of 3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and dec/ares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 14th day of October, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED _~,~- ~ 2003
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DIR~JOSEPH~ZONING\0403-03REG ULAR.DOC
-206-
Page 3 of 3
Corpus Christi, Texas
__ day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance1 an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR~JOSEPH~ONING\O403-03REGULAR.DOC
-207-
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation on the Neighborhood Initiatives Program, FY 2003-2004
STAFF PRESENTER(S):
Name Title/Position
1. Margle Rose Assistant City Manager
Department
City of Corpus Christi
ISSUE:
Update report on the Neighborhood Initiatives Program (NIP) to include a brief
overview of the program objectives and purpose; a summary of the "pilot" NIP
program in the Cunningham and Chula Vista Neighborhood; and the strategy for the
NIP FY 2003-2004 Program.
BACKGROUND:
A "pilot" Neighborhood Initiatives Program was successfully executed and completed
in the Cunningham and Chula Vista Neighborhood, April - July 2003.
City Council approved funding for continued NIP activities under the Livable
Neighborhoods Project efforts in the FY 2003-2004 Budget.
REQUIRED COUNCIL ACTION:
No City Council Action required. This presentation is for information purposes.
Assistant City Manager
Additional Background []
Exhibits []
-211-
C_ity of
Corpus
_ _ Christi
Corpus Christi
2003
Neighborhood Initiative Program
Several years ago, Mayor and City Council established "neighborhood clean-up" as a top
priority throughout the community. Staff was instructed to develop innovative methods to
improve the conditions of many of our City's neighborhoods.
In an effort to develop methods to improve our neighborhoods, City staffconducted
research and toured San Antonio, Arlington, and Dallas to review their neighborhood
programs. The site visits to other Texas cities afforded staffan opportunity to view other
community clean-up programs and create a project to meet the needs of the Corpus
Christi Community.
Due to its high priority standing with the Council, staffdeveloped and initiated a "pilot"
Neighborhood Initiatives Program (NIP) in one of the City's neighborhoods to determine
if the program would meet the objectives established by Council. The program was tested
in a 10-20 block area bound by Crosstown Expressway, Gollihar Road, Home Road, and
Greenwood Drive known as the Chula Vista area. During a 3-4 week period in May
2003, approximately 10 city departments assisted Chula Vista residents in a concentrated
clean-up of the area. As part of the initial program plan, the City provided the following:
· Conducted a pre-assessment of the area to determine conditions or needs in
the area before meeting with the citizens;
· Met with Chula Vista area residents at Cuuningham Middle School to gain an
insight into residents concerns and problems as they related to the clean-up of
their neighborhood;
· Conducted an extensive, customized clean-up action plan based on the
concerns raised by neighborhood residents;
· Maintained a command post throughout the project that served many
functions;
· Conducted a follow-up meeting with the citizens to explain the work
performed during the project and to receive feedback;
· Addressed issues that were not resolved and future plans for resolution; and
· Established an open line of communication with neighborhood residents
The hard work and coordination of the City departments paid offwith great success. At
the project's completion, it proved to be very beneficial to residents who were left with a
cleaner and safer neighborhood, as well as the tools and knowledge to maintain their
-213-
neighborhood. For staff, the success proved the program's possibility and its role in
creating cleaner neighborhoods. Staff recommended the NIP project be incorporated into
the 2003-2004 fiscal budget.
During the budget process, Mayor and Council were pleased with the outcome associated
with the "pilot" program and approved the project to become part of the FY 2003-2004
budget with an allocation of $765,000 towards the Livable Neighborhoods Project.
The Neighborhood Initiatives Program was approved under the Livable Neighborhoods
Project. The Livable Neighborhood Project consists of the Neighborhood Initiatives
Program (NIP), the Neighborhood Operation Clean-up (NOC), and the Environmental
Court. Funding is provided through an increase in the Municipal Solid Waste Services
Service Charge (MSWSSC) and Community Development Block Grant funds (CDBG).
The Neighborhood Operation Clean-up (NOC) represents a broader deployment of efforts
to address litter and nuisance related code violations on an ongoing basis. Elements of
this program include enhanced lot mowing, increased funding for demolition, funding for
the "Assistance Team" and general Clean-up, as well as enhanced enforcement of code
violations.
The Environmental Court will address an anticipated increase in code violation citations
filed in Municipal Court through enhanced enforcement by four (4) additional Code
Enforcement Officers.
The NIP and NOC programs will work in conjunction with each other. The NIP program
will be directed by a Project Manager, two (2) Project Coordinators, and one (1) Part-
time Support Staff. During large projects or periods of intense clean-up, the NIP Project
Coordinators may also call upon the assistance of the Code Enforcement Officers and the
Equipment Operators. (See Figure 1)
-214-
Neighborhood
Initiatives Program
(1) Project
Manager
i (1)Fr
Support
Staff
(2) Project
Coordinators
Livable
Neighborhoods
Neighborhood
Operation Clean-up
Environmental
Court
(4) Additional I
Code Enforcement (1) Judge
Officers
"Assistance Team"
(3) Equip. Operators
Support
Staff
Figure 1
The NOC portion provides additional staffing and resources for the Code Enforcement
Division of the Neighborhood Services Department and will assist the NIP program
during concentrated project activities. (See Figure 2)
Neighborhood Operation Clean-up
(NOC)
· 4 Code Enforcement Officers
· 3 Equipment Operators
· Funds for Demolition
· Funds for Clean-up
· Funds for Equipment
Figure 2
Additional Resources
By working in conjunction with each other, the NIP and NOC programs remove service
duplication and assist in the coordination efforts of various City departments. The NOC
program will provide the resoumes necessary to support the NIP program as well as
-215-
provide the necessary assistance throughout the community. In turn, the NIP program
will provide tangible results to the community at the neighborhood level that residents
can easily identify with. At the administrative level, coordination efforts will require
timelines and scheduling of various City departments.
Listed below you will find the 2003-2004 Fiscal Implementation Process for the
Neighborhood Initiatives Program.
-216-
Implementation Process
September 1, 2003--July 31, 2004
Mission Statement
The mission of the Neighborhood Initiatives Program (NIP) is to improve the living
conditions of our community by furthering the efforts aimed at neighborhood
revitalization while concentrating on customer oriented services and feedback.
September~ 2003
Establish a Selection Committee
This internal committee will be a standing committee, which will recommend the
location of neighborhoods to consider cleaning up on an annual basis. The committee will
consist of the Assistant City Manager for Development Services, Project Manager for
NIP, Neighborhood Services Director, Police Captain in Charge of Directed Patrol
officers, Director of Solid Waste, Project Coordinators, Public Information Office, and
the Director of the Health Department.
The sites will be selected based on prevalent problems such as code violations, health
issues, animal control, condition of vacant lots, vacant structures, crime, etc. All sites will
be within m/ddle school boundaries.
After the first pJ:ogram year, the standing committee will recommend neighborhood sites
for clean-up in July of each year.
Work in progress and Assigned Tasks
Initially, during the first program year, staff will aggressively work to accomplish the
following tasks:
Hire needed staff (2) Projeqt Coordinators
(1) Support Staff
(4) Code Enforcement Officers
(3) Equipment Operators
Purchase necessary equipment (4) Vehicles for Code Enforcement Officers
(2) Brush trucks for Equipment Operators
· Training and Staff Development
-217-
The additional Code Enforcement Officers in the NOC program will each be assigned to
different areas of the City and may be called upon to assist when the Neighborhood
Initiatives Program is underway.
The three Equipment Operators will make up the "Assistance Team" which will in
essence be the backbone of the project. Traditionally, too much reliance was placed on
Street and Solid Waste Departments pulling their much needed manpower and resources
from other areas of the City. With the additional equipment and manpower,
Neighborhood Services will now only rely on Street and Solid Waste as backup when the
equipment or manpower is needed.
Many of the staff to be hired will already have practical, if not, hands on experience in
areas such as Neighborhood Services, equipment operation, or support staff. While
training is not anticipated to take a long period of time, personnel will be properly trained
in areas such as customer service, intergovernmental relations, and laws dictating the
rights of citizens.
October~ 2003
Site Recommendation and Selection
The Selection Committee recommends clean-up of the following neighborhoods for the
NIP program during the 2003-2004 fiscal year:
~' Neighborhood bound by Staples, Crosstown, Agnes, and Coleman
(See Attached Location Map 1 of 5)
~' Neighborhood bound by Agnes, Leopard, Crosstown, and Port
(See Attached Location Map 2 of 5)
~' Neighborhood bound by Williams, Everhart, Holly, and Staples
(See Attached Location Map 3 of 5)
~ Neighborhood bound by Whitaker, McArdle, Rich, and Whitaker
(See Attached Location Map 4 of 5)
~ Neighborhood bound by Hermine, Naval Air Station Corpus Christi,
SPID, and Flour Bluff Drive
(See Attached Location Map 5 of 5)
-218-
Implementation
The first neighborhood that is recommended for clean-up is the neighborhood bound by
Staples Street, Agnes Street, Coleman Street, and the Crosstown Expressway. (See
Attached Location Map 1 of 5) This area is located within the Wynne Seale Middle
School boundary line. During the each project phase, the basic project outline is as
follows:
1. Pre-Assessment.
Timeline: The Week of October 27, 2003
The Project Manager will work with the Project Coordinators and Action Team to
conduct a preliminary assessment to identify areas of concern. The concerns of the
departments include such issues as health, animal control, code violations, police related
issues and other critical needs. Other projects that are needed but are not feasible during
the timeframe are also recorded. This process is for staff input only and to allow each
department to assess manpower and equipment that may be needed. Once the
preliminary assessment is complete, the Action Team will meet to discuss the date and
time for the neighborhood meeting.
2. Neighborhood Meeting
Timeline: The Week of October 27, 2003
A neighborhood meeting is set up at each middle school within the project boundary.
Area residents will be notified via informational brochures sent home with middle
school children attending school and residing in the area. Project coordinators and Code
Enforcement Officers will also use door to door efforts in order to assure all residents
are well informed.
Residents will be given an opportunity to raise issues or concerns regarding problems
plaguing their neighborhood, or to give City staff an idea of what services need
improvement or are lacldng. At each meeting, we will give the City Council member
representing the area an opportunity to attend. Further, the Code Enforcement Officer
will be introduced and serve as a point of contact for reporting violations, concerns, and
other issues.
3. Clean-up
Timeline: November 17, 2003- December 5, 2003
-219-
This is an intensive three-week project utilizing manpower from various City
departments. The departments include but are not limited to Animal Control, Health,
Street, Solid Waste, Engineering, Neighborhood Services, Police, Parks and Recreation,
Gas, and Storm Water.
In order to achieve success without causing undue hardship for area residents, we will
assist residents such as senior citizens who need help with the clean-up of their property.
We will also assist contractors with the clean-up of vacant property, address illegal
dumpling, and assist in the pickup and removal of dead trees. Residents will be warned
and given a grace period to remedy the problem before actual citations are issued and
enforcement begins, usually 30 days after the end of the project.
A command post is set up for residents at a central location where they can gather
information or learn about various City services available to assist them throughout the
year. The command post will serve as a central point for citizens to share concerns, or
obtain information about their particular neighborhood. It will be stocked with
information that will be helpful to citizens such as landfill hours of operation, City
services available to residents, and any other information that may be requested. In order
to make residents feel comfortable to offer suggestions and concerns, the Code
Enforcement Officer already assigned to the area, or a project coordinator will man the
command post.
4. Post Meeting and Evaluation with Neighborhood Residents
Timeline: The Week of December 15, 2003
A post-clean-up meeting is held at the same location where the initial neighborhood
meeting was held. Residents will be given an opportunity to share their feelings or
concerns about the project or any unmet needs that have not been addressed. By this
point in the project, the residents should have established a point of contact such as a
Code Enforcement Officer, or at the very least, know what number to call to report
future code violations. It is the goal of the project to let residents feel more comfortable
with the various City departments and give them the opportunity to let the City know
what is needed at the neighborhood level.
By empowering our residents with the knowledge of what resoumes are available to
them, we will pave the way for long term property maintenance that will improve the
community for all Corpus Christi residents.
-220-
~ Lo N .:L of 5
-221-
Januar¥~ 2004 Februar¥~ 2004
The second neighborhood recommended for clean-up is in the area bound by Agnes
Street, Leopard Street, Port Avenue, and the Crosstown Expressway. (See Attached
Location Map 2 of 5) This area is within the Driscoll and Wynne Seale Middle School
boundary line. A tentative schedule is as follows:
Pre-assessment
Week of January 5, 2004
Neighborhood Meeting
Week of January 5, 2004
Clean-up
January 12, 2004-January 30, 2004
Post Meeting and Evaluation with Neighborhood Residents
Week of February 9, 2004
-222-
I.H. 37
-223-
February, 2004- March, 2004
The third neighborhood recommended for clean-up is in the area bound by Williams
Drive, Everhart Road, Holly Street, and Staples Sweet. This area is within the Kaffie
Middle School boundary. (See Attached Location Map 3 of 5) A tentative schedule is as
follows:
Pre-assessment
Week of February 23, 2004
Neighborhood Meeting
Week of February 23, 2004
Clean-up
March 1, 2004- March 19, 2004
Post Meeting and Evaluation with Neighborhood Residents
Week of March 29, 2004
-224-
S. Padre Island Dr.
_ __ , ,,.,.. ,~,,,,,~..~,.~ l-
~. ildllllll IIIIIIIl~l-ll~tllllllilllll~lllllllllllllll~llllllllllll~
_,, I~111 IIIIIIIIIHlilIIIIHIIIIIIIIIHHI I IIIIIIIIIH~lllllllllllllfl
~1 IIIIIIIIIIIIII~HIIIIIIIIIIIIIIIIHI:IIIIIII IIIIIIIHHIIIIIII I~
IIIIIIIIIIIIIIIIIH I IIIIIIIIIIIIII I~lllllllllllllttitl:l ½
~½1 IIII IHHII IIIII II~IHI:I I IIII~IIIIIIHHIIII IIIIlil~l~
MI I~11 HI:tlIIIIItl I I IIHI:I II HI~III tliii ~ -
~_~1~ Illil Illlli HHIII liil IIMMII Iii III II1~ IIII ~11~
Id III IIII LIU~I III I:::~~~ II /
!
3
-225-
May, 2004-June~ 2004
The fourth neighborhood recommended for clean-up is in the area bound by Whitaker
Drive, McArdle Road, Ricki Street, and back around to Whitaker Drive. This area is
within the Haas Middle School boundary. (See Attached Location Map 4 of 5) A
tentative schedule is as follows.
· Pre-assessment
Week of May 3, 2004
· Neighborhood Meeting
Week of May 3, 2004
· Clean-up
May 10, 2004-May 28, 2004
· Post Meeting and Evaluation with Neighborhood Residents
Week of June 7, 2004
-226-
-227-
June, 2004- July~ 2004
The fifth and final neighborhood recommended for clean-up is in the area bound by
Hermine Street, Corpus Christi Naval Base, SPID, and Flour Bluff Drive This area is
within the Flour Bluff Middle School boundary line. (See Attached Location Map 5 of 5)
A tentative schedule is as follows:
Pre-assessment
Week of June 7, 2004
Neighborhood Meeting
Week of June 7, 2004
Clean-up
June 14, 2004-July 2, 2004
Post Meeting and Evaluation with Neighborhood Residents
Week of July 12, 2004
-228-
Location Map No. 5 of 5
N.A.S.
colt!
Padre l:sla niLD~.
-229-
Additional Information
Annually, the Mayor and Council will receive a list of neighborhoods to consider for
clean-up. During the first program year, we anticipate major projects in five (5)
neighborhoods. In the future, as the projects become mom manageable and the work
process flows more smoothly, we anticipate the number of project sites to increase. We
are excited about this project and believe that the Neighborhood Initiatives Program
(NIP), in conjunction with the Neighborhood Operations Clean-up Program (NOC) will
make a difference in our neighborhoods citywide.
.Conclusion
With the implementation of these programs we will hope to have made the City more
accessible by eliminating communication barriers and empower our residents with the
tools and resources to assist them in maintaining long-term change. More importantly, we
will hope to have begun a cycle of change in the neighborhood encouraging residents to
take the initiative for care of their property and neighborhood and truly make the
community a cleaner and safer City for all.
By combining City resources and coordinating project sites, we can achieve a tremendous
amount in a few short weeks and begin a transformation of a street, a neighborhood, and
area, and ultimately the City of Corpus Christi with livable neighborhoods for all.
Together we can make a difference,t
-230-
N
W
W
Neighborhood Initiative
Program
- Program Background
• Mayor and Council designate ""neighborhood
clean-up" as a top priority
• City staff visited San Antonio, Dallas, and
p
/Al iir iyLUn to researcn alternative methods for
neighborhood improvement
"Pilot" Neighborhood Initiative Program
(NIP) in the Cunningham and Chula Vista
neighborhood in April -July 2003
Background Continued
. NIP
. Intensively directed
. Customized effort
. Address code violation and
service needs
Neighborhood level
. Neighborhood Operation
Clean-up (NOC)
• Broader deployment of efforts
. Address nuisance and code
violations on an on-going basis
Included in FY 2003--2004
budget under Livable
Neighborhoods Project
Livable Neighborhoods
Livable Neighborhoods
w Neighborhood Initiative Program Neighborhood Operation Cleanup
rn
1 Project Manager
1 Part Time Support Staff
2 Project Coordinators
4 Code Enforcement Officers
"Assistance Team"
3 Equipment Operators
Environmental Court
1 Judge
Support Staff
N
W
Benefits
Y.:
NOC provides support
for NIP in the form of
staffing and resources
Eliminates service
duplication
Assists in the
coordination efforts of
various City services
Benefits Continued
. Tangible results at the
neighborhood level
. Customer service
CIO oriented
. Customized to project
area and resident
concerns
Implementation Process
September, 2003 --- July, 2004
Hire Needed Staff
Purchase Necessary
Equipment
Training and Staff
Development
Establish A Selection
Committee
Site Recommendation
Action Plan
Action Plan
Hire Needed Staff
2 Project Coordinators
1 Part-time Support Staff
4 Code Enforcement Officers
CD
. 3 Equipment Operators ("Assistance Team's
Purchase Necessary Eauinm
Brush Truck
Brush Loader
Code Enforcement Vehicles
Training and Development
Action Plan Continued
Establish Selection Committee
ACM for Development Services
Project Manager for NIP
Director of Neighborhood Services
Police Captain in Charge of Directed Patrol
Officers
Director of Solid Waste Services
Project Coordinators
Public Information Office
Director of the Health Department
Action Plan Continued
. Pre -Assessment
. Identify departmental
issues in proposed
neighborhood
N Neighborhood Meeting
. Hold meeting at middle
school within project
area
. Identify resident issues
and concerns
. Introduce key contacts
and City Staff
Action Plan Continued
. The Clean -Up
. Develop customized
Action Plan
A .
-Establish Command
W
'Post
. Neighborhood
information site
. Manned by Project
Coordinator or Code
Enforcement Officer
. Educate residents on
available resources
N
A
A
Action Plan Continued
. Concentrated 3 Week
Clean-up
. Utilize many City
resources
. Health/Animal Control
. Neighborhood Services
. Solid Waste
. Street
. Storm Water
. Police
. Parks and Recreation
Action Plan Continued
. Post Assessment and
Evaluation
. Resident input into
project
. Establish City
contacts in
Neighborhood Services
. Empower residents
with the knowledge
and tools available to
assist them everyday
Recommended
Neighborhoods for Clean-up
t _ -Lw
Ar
rr r r ' • . -� Staples Crosstown
Expressway
SPID
F Corpus Christi
M�5
Staples/Crosstown/Agnes/Coleman
Neighborhood
Meeting
Week of 10/27/03
A Clean -Up Period
11/17/03 to
12/5/03
Evaluation
Meeting
Week of 12/15/03
`gam LbQ�Q EMO - p.
Lipp-
ML
f1TIT! 3 I M7tU I= i all rn
F EIl_IU lilll]J
1C1ij3'-ZZL�I] LTr�
�i U _a.,....m ali1SP.1ZS��ii 11iS14t1111115U1 �...n���
Cal
4 K �'S �{l }111 1111 i 11 ll S1 l 1f1
•41t � _ a l _ �
Agnes/Leopard/Crosstown/Port
Neighborhood
Meeting
Week of
1/5/04
A Clean-up
CIO
Period
1/ 12/04 to
1/30/04
Evaluation
Meeting
Week of
2/9/04
■ /l- 1'✓•11111 11
Lea
� illlllllllll
Y! I !
,wo, on ,■ �.: :.
Iu '- Tr -
11 — ue n f
Wl'iliams/Everhart/Holly/Stapies
Neighborhood
Meeting
Week of
2/23/04
Clean-up
3/1/04 to
3/19/04
Evaluation
Meeting
Week of
3/29/04
Whitaker/McArdle/Ricki/Whitaker
Neighborhood
Meeting
Week of
N 5/3/04
0
Clean -0
5/10/04 to
5/28/04
Evaluation
Meeting
Week of
6/7/04
Hermine/NAS CC/SPID/Flour Bluff Dr.,
Neighborhood
Meeting
Week of 6/7/04
N
Clean-up
6/14/04 to 7/2/04
Evaluation
Meeting
Week of 7/12/04
N. A. S.
. iuuuwu�new
a�
Conclusion
• Establish and maintain communication
with residents
• Empower residents with the tools and
N knowledge to maintain long term
change
• Continual transformation of Corpus
Christi one neighborhood at a time
22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _10/14/03
AGENDA ITEM #1: Motion authorizing the City Manager or his designee to execute a
contract in the amount of $60,000 with Michael Manjarris for the complete development and
installation of six works of art, including the design and fabrication of the art piece "Atzlan".
AGENDA ITEM #2: Motion authorizing the City Manager or his designee to execute a
contract in the amount of $225,000 with James Suds for the design and fabrication of the
art piece "Six and Seven Flowers".
AGENDA ITEM #3: Motion authorizing the City Manager or his designee to execute a
contract in the amount of $50,000 with Mel Chin for the design, fabrication and installation
of the art piece "Untitled History".
AGENDA ITEM #4: Motion authorizing the City Manager or his designee to execute a
contract in the amount of $90,000 with Luis Jimenez for the design and fabrication of the
art piece "Southwest Pieta".
AGENDA ITEM #5: Motion authorizing the City Manager or his designee to execute a
contract in the amount of $25,000 with Charmaine Locke for the design, fabrication and
installation of the art piece "Open Book".
ISSUE: The Arts and Cultural Commission has made a recommendation to the City
Council to enter into a contract with Michael Manjarris and four other artist for the purpose
of constructing and installing artwork for the Convention Center/Arena Project.
A motion authorizing the City Manager or his designee to execute a contract with the
artists.
REQUIRED COUNCIL ACTION: A motion authorizing staff to initiate contract negotiations
with Michael Manjarris for Convention Center/Arena artwork is required.
PRIOR/FUTURE COUNCIL ACTION: Prior Council action includes: 1 .) The authorization
of the Public Art Ordinance in March, 1987 which defines the policies and guidelines for the
selection of artwork for the City in 1998; 2.) The authorization for the project to proceed
with the RFP; and 3) Presentation to Council of the selected art project. 4) Motion
authorizing negotiation with artist.
Future Council action will be approval of a purchase contract for the John Buck art piece.
FUNDING: The funding source for the project is the Convention Center project and the
Arena Project. The Public Art Ordinance #19663 (passed March, 1987) authorizes an arts
allocation of 1 1~% of funds appropriated for specific City capital construction projects
greater that $50,000, such as buildings, parking facilities, parks, arterial streets and
sidewalks. Both new construction and remodeling are eligible. The Public Art Ordinance
authorizes the Art & Cultural Commission to establish policies and guidelines for the
-255-
selection of public art works.
CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission has
reviewed and approves this project. The staff recommends ap. roval.
David Ondrias, Acting Director
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information X
Map X
Contract Summary X
-256-
BACKGROUND INFORMATION
On the May 21,2002, the City Council approved a motion authorizing initiation of contract
negotiations with artist, Michael Manjarris for the complete development and installation of
a sculpture garden to include six artists: Luis Jimenez, James Suds, Charmaine Locke,
John Buck, Mel Chin and Michael Manjarris for the Convention Center/Arena Project in the
amount of $500,000.
At the Joint City Council/Arts and Cultural Commission meeting on August 28, 2003, the
City Council directed the Arts and Cultural Commission to prepare a Request for Proposal
for art for the Convention Center/Arena Project.
The artist, members of the Architectural team, Engineering staff, Convention Center Staff,
Arts and Cultural Commissioners and Park & Recreation staff will meet to determine the
best placement of artwork which would include grounds around and inside the Convention
Center/Arena. In addition, the contract negotiations with the artist will also include timeline,
installation, payment to artist and all proposed artwork.
-257-
Attachment "A"
LEASE SUMMARY
MICHAEL MANJARRIS
PARTIES:
City of Corpus Christi
Michael Manjarris, Artist
TERM:
Must complete artwork "Atzlan" made of white Carrera marble, no later that the end of July,
2004; in addition the bases and installation of the Buck Piece, Jimenez Piece, Locke Piece,
and Surles piece.
AGREEMENT:
The Artist will fabricate and install the base and artwork of Atzlan; construct and install base and
install art fabricated by John Buck, James Surles and Luis Jimenez; construct and install bases for
artWork fabricated by Charmaine Locke at his expense.
II.
The Artist will provide professional services in designing, constructing, finishing, transporting, and
installing a permanent work of art.
III.
The City will pay directly to the Artist a fixed fee of $60,000 in installments, $25,000 upon five days
of the execution of this agreement; $17,500 within ten (10) working days upon Notice of Substantial
Completion; $2,500 within ten (10) working days of the Artwork's arrival at the projects premises;
$5,000 within ten (10) working days after installation and final acceptance of the Artwork by City; and
$10,000 within ten (10) working days after the installation of the artwork which constitutes the Buck
Piece, Jimenez Piece, or Suds Piece or the installation of the base of the Locke Piece, whichever
occurs last, at the project premises.
IV.
The Artwork will be cast by a professional foundry, approved by the Director, that maintains a level o
fliability insurance adequate to insure the value of the City's investment in the Artwork.
The Artist will furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for
the execution of the Artwork.
VI. Manjarris, will provide plans and spec~ficat'ons for the Artwork s foundat'on, base, and footings.
VII.
Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in
accordance to the City's Risk Management Department
VIii. Title to the Artwork witl pass to the City upon final acceptance.
IX.
The Artist retains ail rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et
seq, and all other rights in and to the work except ownership and possession.
The Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork
against faulty material and workmanship, including inherent vice for a period of two (2) years.
XI.
The Artist warrants and guarantees that, upon the City's final remittance of payment to the Artist, the
City acquires good title to the Artwork.
XII.
Termination or expiration of the Agreement for any reason does not release either party from any
liabilities or obligations set forth in the agreement.
H:\PR-DIR\SHARED\HP MULTICULTURAL SERVICES\LEASES & USE PERMITS\CONTR 1 .SUM
-258-
Michael Manjarris "Atzlan"
-259-
Attachment "A"
LEASE SUMMARY
JAMES SURLS
PARTIES:
City of Corpus Christi
James Surls
TERM:
Must complete artwork "Six and Seven Flowers" made of bronze and stainless steel, no later
that the end of July, 2004
AGREEMENT:
The Artist will provide professional services in designing, constructing, finishing, transporting, and
installing a permanent work of art.
I1.
The City will pay directly to the Artist a fixed fee of $225,000 in installments, $112,500 upon five
days of the execution of this agreement; $78,750 within ten (10) working days upon Notice of
Substantial Completion; $22,500 within ten (10) working days of the Artwork's arrival at the projects
premises and, $11,250 within ten (10) working days after installation and final acceptance of the
Artwork by City.
II1.
The Artwork will be cast by a professional foundry, approved by the Director, that maintains a level
of liability insurance adequate to insure the value of the City's investment in the Artwork.
IV.
The Artist will furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for
the execution of the Artwork.
Manjarris, by separate contract with the City, will provide plans and specifications for the Artwork's
foundation, base, and footings.
VI.
Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in
accordance to the City's Risk Management Department.
VII. Title to the Artwork will pass to the City upon final acceptance.
The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et
seq, and all other rights in and to the work except ownership and possession.
IX.
The Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork
against faulty material and workmanship, including inherent vice for a period of two (2) years.
The Artist warrants and guarantees that, upon the City's final remittance of payment to the Artist, the
City acquires good title to the Artwork.
XI.
Termination or expiration of the Agreement for any reason does not release either party from any
liabilities or obligations set forth in the agreement.
H:\PR-DIR\SHARED\HP MULTICULTURAL SERVICES~LEASES & USE PERMITS\CONTR1.SUM
-260--
James Surls "Six and Seven Flowers"
-261-
Attachment "A"
LEASE SUMMARY
MEL CHIN
PARTIES:
City of Corpus Christi
Mel Chin
TERM:
Must complete artwork "Untitled History" which consist of five (5) sculptures carved in stone,
no later that the end of July, 2004
AGREEMENT:
The Artist will provide professional services in designing, constructing, finishing, transporting, and
installing a permanent work of art.
II.
The City will pay directly to the Artist a fixed fee of $50,000 in installments, $25,000 upon five days of
the execution of this agreement; $17,500 within ten (10) working days upon Notice of Substantial
Completion; $5,000 within ten (10) working days of the Artwork's arrival at the projects premises and,
$2,500 within ten (10) working days after installation and final acceptance of the Artwork by City.
III.
Ali fabrication of the Artwork will be performed by the Artist in the Artist's art studio located outside the
City.
IV.
The Artist will furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the
execution of the Artwork.
The Artist shall, at his own expense, provide plans and specifications for the Artwork's foundation, base,
and footings.
VI.
Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in accordance
to the City's Risk Management Department
VII. Title to the Artwork will pass to the City upon final payment.
The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et seq,
and all other rights in and to the work except ownership and possession.
IX.
X.
XI.
The Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork against
faulty material and workmanship, including inherent vice for a period of two (2) years.
The Artist warrants and guarantees that, upon the City's final remittance of payment to the Artist, the
City acquires good title to the Artwork.
Termination or expiration of the Agreement for any reason does not release either party from any
liabilities or obligations set forth in the agreement.
H:\PR-DIR\SHARED\HP MULTICULTURAL SERVICES\LEASES & USE PERMITS\CONTRI.SUM
-262-
Untitled History No.2 jFliiD'Y Mal Chin 2002
—tj&z 4a 4 C,
a-0 MZ -M -
Page 3 of 6
„.�' � ` ���';f;''.;� ^,•�� ilk ”
SELECTED
ARTWOICK
Untitled History No. 4
Hel Chin 2002
-266-
d<%Oa c%A '-Tvae.
F,
Untitled History No.5
OIL v►op-"P. S
N A." WILT
Mel Chin 2002
Page 6 of 6
Attachment "A"
LEASE SUMMARY
LUIS JIMENEZ
PARTIES:
City of Corpus Christi
Luis Jimenez
TERM:
Must complete artwork "Southwest Pieta" of enamel paint on fiberglass resin, no later that
the end of July, 2004
AGREEMENT:
The Artist will provide professional services in designing, constructing, finishing, and transporting a
permanent work of art.
The Artist warrants that the Artwork produced for and purchased by the City will be the fourth (4th)
casting in an edition of five.
Ill.
The City will pay directly to the Artist a fixed fee of $90,000 in installments, $45,000 upon five days
of the execution of this agreement; $13,500 within ten (10) working days upon Notice of Substantial
Completion; $13,500 within ten (10) working days of the Artwork's arrival at the projects premises
and, $18,000 within ten (10) working days after installation and final acceptance of the Artwork by
City.
IV.
All fabrication of the Artwork will be performed by the Artist in the Artist's art studio located outside
the City.
The Artist will furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for
the execution of the Artwork.
VI.
Manjarris, by separate contract with the City, will provide plans and specifications for the Artwork's
foundation, base, and footings. In addition, Manjarris will be responsible for installation of the
Artwork.
VII. The Artist shall give a 30-day notice prior to transport of the Artwork.
VIII. Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in
accordance to the City's Risk Management Department
IX. Title to the Artwork will pass to the City upon final acceptance.
The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et
seq, and all other rights in and to the work except ownership and possession.
XI.
The Artist warrants that the Artwork is designed to last for 10 years and guarantees the Artwork
against faulty material and workmanship, including inherent vice for a period of two (2) years.
XII.
The Artist warrants and guarantees that, upon the City's final remittance of payment to the Artist, the
City acquires good title to the Artwork.
Xlll. Termination or expiration of the Agreement for any reason does not release either party from any
liabilities or obligations set forth in the agreement.
H:\PR-DIR\SHARED\HP MULTICULTURAL SERVICES\LEASES & USE PERMITS\CONTR1.SUM
-268-
Luis Jimenez "Southwest Pieta"
-269-
Attachment "A"
LEASE SUMMARY
Charmaine Locke
PARTIES:
City of Corpus Christi
Charmaine Locke
TERM:
Must complete artwork "Open Book" of Ferro Cement and cast Bronze, no tater that the end
of July, 2004
AGREEMENT:
The Artist will provide professional services in designing, constructing, finishing, transporting, and
installing a permanent work of art.
The City will pay directly to the Artist a fixed fee of $25,000 in installments, $12,500 upon five days
of the execution of this agreement; $8,750 within ten (10) working days upon Notice of Substantial
Completion; $2,500 within ten (10) working days of the Artwork's arrival at the projects premises
and, $1,250 within ten (10) working days after installation and final acceptance of the Artwork by
City.
The Artwork will be cast by a professional foundry, approved by the Director, that maintains a level
of liability insurance adequate to insure the value of the City's investment in the Artwork.
The Artist will furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for
the execution of the Artwork.
Manjarris, by separate contract with the City, will provide plans and specifications for the Artwork's
foundation, base, and footings.
VI.
Artist must secure and maintain, at Artist's sole expense, the level and type of insurance in
accordance to the City's Risk Management Department
VII. Title to the Artwork will pass to the City upon final acceptance.
VIII.
IX.
X.
The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC Sections 101 et
seq, and all other rights in and to the work except ownership and possession.
The Artist warrants that the Artwork is designed to last for 20 years and guarantees the Artwork
against faulty material and workmanship, including inherent vice for a period of two (2) years.
The Artist warrants and guarantees that, upon the City's final remittance of payment to the Artist, the
City acquires good title to the Artwork.
Xl.
Termination or expiration of the Agreement for any reason does not release either party from any
liabilities or obligations set forth in the agreement.
H:\PR-DIR~SHARED\HP MULTICULTURAL SERVICES\LEASES & USE PERMITS\CONTR1 .SUM
-270-
Charmaine Locke "Open Book"
-271-
Site Map for Arena and Convention Center Art
-272-
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 14~ 2003
AGENDA ITEM: Motion authorizing the City Manager or the City Manager's designee to execute
a First Amendment to the Pre-Opening Services and Management Agreement for the Corpus Chdsti
Multi-Purpose Arena between the City of Corpus Christi and SMG to include the addition of
management services for the Bayfront Plaza Convention Center beginning January 1, 2004.
ISSUE: SMG was contracted in December of 2001 to manage the Corpus Christi Multi-Purpose
Arena and has opened an office in Heritage Park. Marc Solis has been designated as General
Manager for SMG Corpus Christi.
Additionally, when construction is completed in the fall of 2004, both facilities will be physically
connected and will share common plant equipment and facilities. The arena and convention center
will have common customers during conventions and special events and will likely have joint
bookings for space. Since both facilities share common facilities, will have common customers, and
will need coordination and efficiencies, the City is recommending that both facilities be under one
management team.
In the material provided during the recommendation to engage SMG for the Multi-Purpose Arena,
the Convention Center was included for management consideration, upon mutual agreement.
REQUIRED COUNCIL ACTION: Execution of a First Amendment to the SMG agreement to include
the Convention Center in the Pre-opening Services and Management Agreement.
PREVIOUS COUNCIL ACTION: Approved Pre-Opening Services and Management Agreement
for the Corpus Christi Mu[ti-Purpose Arena on December 18, 2001.
FUNDING: No budget impact in fiscal year 2003. SMG will assume the remaining unencumbered
budget for the remainder of the fiscal year. Future budget approval remains with the City Council.
CONCLUSION AND RECOMMENDATION: Pdvate management was a key element of the Arena
project when it was presented to the voters. Since both facilities are connected, will share common
plant equipment, customers, and facilities, it is natural that they share common management to
optimize the operational efficiency between the two facilities. It is recommended that the motion be
approved.
Jorg~/~uz-Aedo
Assi~-a~ City Manager
Attachments:
First Amendment to Pre-Opening Services and Management Agreement for Corpus Christi, Multi-Purpose
Arena between City of Corpus Christi and SMG
-275-
BACKGROUND INFORMATION
Key Elements of the Agreement
Term: Manage Convention Center beginning January 1,2004, and 5 years of operation,
consistent with the Arena agreement.
Management Services: Overall direction of the facility including the duty and authority to
direct, supervise, manage, and control the proper and efficient operation of all activities
within the Convention Center, including establishing and implementing (once approved by
the City) booking policies and negotiating with users, planning and coordinating the
operations of the Convention Center, including the retention of employees, training, and
supervision.
Fees:
SMG will be compensated on a monthly basis as follows:
January 1, 2004- July 31, 2005
August 1, 2005- July 31, 2006
August 1, 2006 - July 31, 2007
August 1, 2007 - July 31, 2008
August 1,2008 - July 31, 2009
$6,667.00
7,083.00
8,250.00
8,708.00
9,167.00
Incentive Fees: Based on a combination of financial performance and customer
evaluations, SMG may earn an incentive fee of 25% of the management fee in any given
year. In the first two years of operation, the financial benchmark will be meeting the
budgeted net performance. In the remaining three years, it would be achieving operating
income.
Convention Center Team: The City has the right to approve employees for the position
at the Convention Center.
Termination: The contract may be terminated for cause at any time, and with or without
cause after the third year of operation.
-276-
LOCKE LIDDELL SAPP LLP
ATrORI,~YS & COUI~ELO~S
3400 .ri'MORGAN (2}it, SE TOWER
600 Te, n~s STREET
HOUSTON, ~EXA3 77002-3095 AUSTiN · DALL~ · HOLISTON · NEW ORLE A/~
(713) 226-1200
Fax: (713) 223-3717
'~mv.loc~liddelkcom
September 15, 2003
WRITER'S DIRECT DIAD (713) 220.1382
~ma;h sjacobs~ lockel~eleMI corn
Via U.S. Mail
Mr. George Noe
City of Corpus Christi, Texas
1201 Leopard SWeet, 5th Floor
Corpus Christi, Texas 78401
Re: First Amendment - SMG Agreement
Dear Skip:
Enclosed is a copy of a letter dated September 10, 2003, together with the three (3)
execution originals attached to it. Please let me know how I can assist in connection with
execution of the documents. Of course, once they are executed, we will need to return one
executed original to SMG for their files.
SCJ/pok
Enclosure
FIOUSTON:019485/00001:660291 v3
-277-
Private ~anagement for Public Facilities
$otm Burns
Senior Vice P~sldenr
Oriel' Rnanclal Ot'~er
VIA FEDERAL EXPRESS
September 10, 2003
Mr. Stephen C. Jacobs
Locke Liddell & Sapp, LLP
3400 Chase Tower
600 Travis Street
Houston, Texas 77002-3095
RE: First Amendment to Management
Agreement for Corpus Christi Multi-Purpose Arena
Dear Mr. Jacobs:
Enclosed please fred three copies of the above-referenced Amendment, which have been executed
by Harold Westley on behalf of SMG. Please forward one fully executed copy to me as soon as it is
available.
Sincerely,
John F. Bums
Jlm/jjm
Enclosure
S~adlums · Arenas · Convention Cen~ers , rhea~Tes
701Mar~e,t Street. 4~h Floor ~ Philadelphia, PA 19106 s Voice 215.592.6681 · Fax: 215.5gz0361
-278-
FIRST AMENDIvlENT TO
PRE-OPENING SERVICES AND MANAGElVIENT AGREEMENT
FOR
CORPUS CHRISTI, MULTI-PURPOSE ARENA
BETWEEN
CITY OF CORPUS C}IRISTI, TEXAS
SMG
HOUSTON:019485/00001:813980v8
-279-
FIRST AMENDMENT TO PRE-OPENING SERVICES
AND MANAGEMENT AGREEMENT
THIS FIRST AMENDMENT TO PRE-OPENING SERVICES AND MANAGEMENT
AGREEMENT ("First Amendment") is made ond entered into effective as of __~
2003, by and between SMG, a Pennsylvania general partnership ("Operator") and the CItY OF
CORPUS CHRIST~, TEXAS ("Ci~'3.
RECITALS
A. Reference is here made to that certain Pre-Opening Services and Management
Agreement (the "Existing Agreement") dated as of December 18, 2001 executed by and between the
City and the Operator. Words with initial capital letters used but not defined herein shall have the
respective meanings ascribed to them in the Existing Agreement.
B. Pursuant to Section 13.2 of the Existing Agreement, the City reserved the fight to
request that the Operator manage and operate the Convention Center and, if it did so, the parties
agreed to negotiate in good faith with respect thereto, such negotiation to include, without limitation, a
compensation arrangement, together with such other terms, provisions and conditions as may be
acceptable to the City and the operator.
C. The City has requested that the operator manage and operate the Convention Center,
the parties have negotiated the terms thereof and desired to amend the Existing Agreement to set forth
their agreements with regard to management and operation of the Convention Center.
The parties accordingly agree as follows:
AGREEMENT
ARTICLE 1
AMENDMENTS TO CERTAIN DEFINITIONS
(a) The following definitions of the following defined terms contained in the Existing
Agreement are hereby amended to read in their entirety (unless otherwise indicated) as follows:
"Agreement" shall mean the Existing Agreement, as amended by this First Amendment.
"Architects" shall mean the architects of record, whether one or more, engaged by the City to
prepare the plans and specifications for the Arena and with regard to the Renovations.
"Authorized Representative" shall mean any officer, agent, employee of or independent
contractor retained or employed by either party, acting within the scope of authority given such
person by such party. As of the date hereof, the City Manager of the City shall be the City's
Authorized Representative and Joe Romano shall be the operator's Authorized Representative until
the respective General Managers for the Arena and the Convention Center have been engaged at
which time the General Manager of the Arena shall be the Operator's Authorized Representative for
1
HOUSTON:O 19485/00001:813980v8
-280-
the Arena and the General Manager of the Convention Center shall be the Operator's Authorized
Representative for the Convention Center.
"Budget" shall mean any budget to be prepared by Operator under the provisions of Article 4.
An "Approved Budget" shall mean any Budget submitted by Operator to and approved in writing by
the City (including any amendment thereto approved in writing by the City) and shall include, with
respect to the Arena and the Convention Center, the Approved Budget for the Pre-Opening Period.
With respect to each Budget referenced in this Agreement, a separate Budget shall be established for
the Arena and the Convention Center and Operator shall operate each of the Arena and the
Convention Center in aecerdanee with such separate Approved Budgets.
"Contractor" shall mean, whether one or more, the general contractor(s) selected by the City
to construct the Arena or renovate the Convention Center.
"Facility" shall mean, collectively, the Arena and the Convention Center.
"First Amendment" shall mean the First Amendment to Pm-opening Services and
Management Agreement dated ,2003 executed by and the Operator and the City.
"General Manager" shall mean (x) in respect to the Arena, the chief operating officer of the
Operator at the Arena and (y) in respect to the Convention Center, the chief operating officer of the
Operator at the Convention Center.
"Major User" shall mean a professional sports franchise or university which schedules events
consisting of more than thirty (30) days of use of the Arena during any Fiscal Year.
"Opening Date" shall mean (x) with respect to the Arena, the first date on which the Arena
will be sufficiently completed to permit it to open for business as certified by the Architect, and (y)
with respect to the Convention Center, the first date following completion of the Renovations have
been sufficiently completed to permit it and open for business as determined by the City.
The definition of "Operating Expenses" is hereby amended by adding the following sentence
to the end thereof: "Operating Expenses shall be calculated separately for the Arena and the
Convention Center."
The definition of "Operating Income" is hereby amended by adding the following sentence to
the end thereof: "Operating Income shall be calculated separately for the Arena and the Convention
Center."
The definition of"Operating Loss" is hereby amended by adding the following sentence to the
end thereof: "operating Loss shall be calculated separately for the Arena and the Convention Center."
The definition of "operating Period" is hereby amended by adding the following sentence to
the end thereof: "The Operating Period shall be determined separately for the Arena and the
Convention Center."
The definition of "operating Revenues" is hereby amended by adding thereto the following
sentence to the end thereof: "Operating Revenues shall be calculated separately for the Arena and the
HOUSTON:019485/00001:813980v8
2
-281-
Convention Center and, in no event, shall Operating Revenue ever be deemed to include the proceeds
of any hotel occupancy taxes."
"Pre-Opening Period" shall mean, with respect to the Arena, the period of time beginning on
December 18, 2001 and ending at the close of business on the day immediately preceding the
Opening Date for the Arena, and, with respect to the Convention Center, the period beginning as of
the date of the First Panendment and ending on December 31, 2003.
"Working Capital Fund" shall mean, whether one or more, the fund(s) required to be
maintained under Section 5.2. There shall be a separate Working Capital Fund for the Arena and one
for the Convention Center.
(b) The following new definitions are hereby added to the Existing Agreement:
"Arena" shall mean the approximate 9,500 seat (8,000 fixed and 1,500 movable/portable),
multi-purpose arena, together with all facilities, machinery, attachments and appurtenances now or
hereafter attaching thereto.
"Renovations" shall mean the renovations of the Convention Center to be undertaken by the
City as generally described in Section 3.4 below.
ARTICLE 2
ADDITIONAL AMENDMENTS
The following sections of the Existing Agreement are hereby amended as follows:
(a) Section 2.3 Tenn. Section 2.3 is hereby amended to read in its entirety as follows:
'~'l'he term of the Agreement shall begin on December 18, 2001 and shall end on the
last day of the fifth (5th) full year following the Opening Date of the Arena, unless
sooner temfinated in accordance with the other provisions of this Agreement. The
City may, in its discretion and subject to reaching an agreement therefor with
Operator, elect to extend the term of this Agreement beyond the end of such fifth (5z)
year following the Opening Date."
(b) Section 3.1 is hereby amended as follows:
(i)
The words "with respect to the Arena and/or Convention Center, as
applicable" shall be added at the end of the first paragraph of Section 3.1
(ii)
Section 3.1(xvi) shall be amended and restated as follows: "Develop a
comprehensive marketing plan and brochure, a booking policy, and a
complimentary sales responsibilities plan with the Convention and Visitors
Bureau of the City and begin implementation thereof as soon thereafter as
the same is approved by the City;"
HOUSTON:019485/00001:813980v8
-282-
(c) Section 3.4 is hereby amended by adding the following additional paragraph thereto:
"The City has commenced efforts to refurbish aud renovate the Convention
Center. The Operator agrees to provide general technical assisteace and advice in
respect thereto. During the period prior to the December 31, 2003, the Operator shall
make available to the City the General Manager of the Convention Center at such
times as the City may reasonably require. The City shall pay all Reimbursable Costs
attributable to the services provided by the General Manager of the Convention Center
during the Pre-Opening Period for the Convention Center, such Reimbursable Costs
being more fully described in Section 7.1 below."
(c) Section 4.1 is hereby amended by adding thereto the following sentence: "Separate
books of account shall be maintained for the Arena and the Convention Center."
(d) Section 4.6 is hereby amended by substituting the word "Arena" for the word
"Facility" in the first sentence thereof. The City has provided (or will provide) Operator a copy of the
City's budget with respect to operation of the Convention Center for the period ending July 31, 2004.
The Operator hereby agrees to observe such budget in the operation of the Convention Center during
the period ending July 31, 2004.
(e) The first sentence of Section 5.1 is hereby amended to read as follows:
"After the Opening Date of the Arena and, with regard to the Convention Center,
on and after January 1, 2004, the Operator shall collect all Operating Revenues and
deposit them in separate accounts (one for each of the Arena and Convention
Center) maintained in the Depository in the name of the City (each, an "Operating
Fund")."
(f) Section 6.5 is hereby amended by adding thereto a new subparagraph (v) which shall
be and read in is entirety as follows:
"(v) prior to December 31, 2003, Operator shall offer each existing employee of the
City providing services at the Convention Center employment with Operator at
comparable salary levels (with standard Operator benefits). Any such employee who
chooses to accept any such offer of employment by Operator shall thereupon cease to
be aa employee of the City, shall become an employee of Operator and thereafter be
the sole responsibility of Operator."
The City hereby represents to the Operator that the City has no collective bargaining
agreement with any of the employees of the City involved in the operation of the Convention Center.
(g) The first sentence of Section 6.7 is hereby amended to read as follows:
"The Operator shall not, without written authorization by the City, incur in any
Fiscal Year obligations for Operating Expenses at either the'Arena or the
Convention Center aggregating in excess of the amount of total Operating
Expenses set forth in the Approved Budget for the Arena or the Convention
Center, as the case may be, except for (i) Emergency Expenditures, and (ii)
expenses for services provided to the facility by third parties the costs of which is
4
HOUSTON:O I 948 5/OOOO I : 813 980v8
-283-
not within the reasonable control of Operator such as, by way of illustration but not
limitation, costs of utilities, costs of insurance and necessary and reasonable
expenses which vary with increases in revenue generation and usage."
(h) The term "Bonds" in the first sentence of Section 6.10, and as used elsewhere in the
Existing Agreement, as hereby modified, shall mean and refer collectively to the City bonds used
to finance the Arena and the Convention Center, respectively.
(i) Section 7.2 Operating Period Base Management Fee. Section 7.2 of the Existing
Agreement is hereby amended to read in its entirety as follows:
"(a) In consideration of its Operating Period services with regard to the Arena, the
Operator will be paid a monthly management fee which shall be deemed earned as of the first
day of each month of the term following the Opening Date for the Arena but which shall be
due and payable in arrears following receipt by the City of Operator's monthly operating
report reflecting results f~m operations at the Arena for the prior month, such payment to be
made within the time periods prescribed ~b~ the Prompt Payment Act. The amount of monthly
management fee is fixed and shall be 1/12 of the following:
Year following
Opening Date
Annual Management fee ($)
1 125,000
2 130,000
3 135,000
4 140,000
5 150,000
Co) In consideration of its Operating Period services with regard to the Convention
Center, the Operator will be paid a monthly management fee which shall be deemed earned as
of the first day of each month of the term from and including January 1, 2004 but which shall
be due and payable in arrears following receipt by the City of Operator's monthly operating
report reflecting results from operations at the Convention Center for the prior month, such
payment to be made within the time periods prescribed by the Prompt Payment Act. The
amount of monthly management fee is fixed and shall be the amount set forth in Column B
below for such of the months set forth opPosite in Column A below:
Column A
. Months
Column B
Monthly Management Fee ($)
January 1, 2004- July 31, 2005
August 1, 2005 - July 31, 2006
August 1, 2006 - July 31, 2007
August 1, 2007 - July 31, 2008
August I, 2008 - July 31, 2009
$6, 667.00
$7,O83.00
$8,250.00
$8,708.00
$9,167.00
(j) Section 7.3 Incentive Fee. Section 7.3 of the Existing Agreement is hereby
amended to read in its entirety as follows:
HOUSTON:O 19485/00001:813980v8
5
-284-
"(a) In addition to .the monthly management fee described in Section
7.2(a) above, subject to the prov/sions of the balance of.tl~.'.s para~ph, the City shall
pay Operator, annually in arrears on or before the thirtieth (30~) day following the
date on which the annual audit report for the subject year described above has been
delivered to the City, a fee in an amount equal to, in any given year, 25% of the base
management fee paid during that particular year under Section 7.2(a) above.
Operator shall be deemed to have earned such incentive fee only if (i) there is
Operating Income for the Arena such year, and (ii) Operator's performance in the
management of the Arma has been rated "positively" by each of the following
groups based upon surveys conducted during such year: (1) the local hospitality
industry, (2) the lessees and clients of the Arena (based on surveys of such parties
after conclusion of the events held by them at the Arena), and (3) assessments of
patrons of events at the Arena (again, based on surveys conducted after events at the
Arena). Notwithstanding the foregoing, (1) for the first two (2) years of operations
of the Arena following the Opening Date for the Arena, clause (i) above shall be
deemed satisfied if there is no Operating Income for the Arena but the Operating
Loss for the Arena equals or is less than that which is projected in the Approved
Budgets for the Arena for such periods (the parties hereby agree that the Initial
Operating Budget for the Arena shall be used for such purposes for the first year of
operations), and (2) the City may (but shall not be obligated) at anytime, in its sole
and absolute discretion, agree to pay Operator all or a pm of the incentive
compensation described in this section even though the conditions to Operator's
earning the same have not been satisfied. For purposes of clause (ii) of this
paragraph, Operator and the City shall agree upon forms of survey/questionnaires to
be issued to lessees and clients of the Arena and patrons of events at the Arena and
the events at which such surveys shall be conducted (such survey/questionnaire shall
contain a scoring system or ranking of"O" to "10"). Operator shall be responsible
for distributing and collecting the same following such designated events at the
Arena and providing to the City copies of the same, together with a summa~
tabulation of the ratings of each respondent. The same process shall be generally
followed in seeking the views of the local hospitality industry but the
surveys/questionnaires shall be distributed on a calendar quarter basis (as opposed to
following specific events). Operator shall be deemed rated '¥ositively" by a group
of respondents if, bdsed on all responses received during the year from such group,
the aggregate average score is better than "6" on a scale of"10' (with "10" being
the highest score and "0" being the lowest score).
To illustrate the operation of clause (ii) in the preceding paragraph, as noted the
Operator's performance will be rated by each of the three groups on a se,ale. However, to earn a
part of the bonus, Operator need not be rated positively by all three groups. If, for example,
Operator is rated positively by two of the three groups, Operator would earn 2/3rds of the incentive
fee for the year.
(b) The City and the Operator shall negotiate and attempt to agree
upon an incentive fee formula pursuant to which Operator may earn, in addition to
the monthly management fee described in Section 7.2(a) and (b) above, an
amount not in excess of, in any given year, 25% of the base management fee paid
during that year under Section 7.2(b) above; in all events the fee shall comply
with the provisions of Revenue Procedure 97-13. Such agreement shall be
6
HOUSTON:019485/00001:813980v$
-285-
deemed made only if, as and when the same is set forth ia a written amendment to
this Agreement executed by both the Operator and the City. The general basis
upon which Operator may earn such incentive fee shall be based upon Operator's
successful operation of the Convention Center with "success" being determined
by the City utilizing factors similar to those outlined in clauses (i) and (ii) of
Section 7.3(a) above (but made applicable to the Convention Center); ia no event,
however shall achieving Operating Income be part of such determination (the
parties recognizing that the Convention Center does not, and is not expected to,
produce Operating Income). No failure of the parties to reach agreement upon the
incentive fee formula shall constitute a default hereunder or entitle Operator to
additional base fee or any compensation or remedy of any kind or character.
0c) Section8.5 Proceeds of Casualty Insurance.
Agreement is hereby amended to read in its en~ety as follows:
Section 8.5 of the Existing
"If either the Arena or the Convention Center or any part is damaged or destroyed by
fire or other casualty, the City will determine whether or not repairs and restoration
are practicable and feasible and will inform Operator in writing of its election to
make or not make any such repairs and restoration within one hundred twenty (120)
days following the date of such damage or destruction. All proceeds of any casualty
insurance paid for by the City shall be the exclusive property of the City and Operator
shall have no fights to receive any sums therefrom.
If the City elects not to repair or restore, the City shall have the right to terminate this
Agreement with respect to the Arena or the Convention Center (whichever has been
damaged), without penalty, premium or fee, by notice to Operator. If the City elects
not to restore the Arena or the Convention Center (whichever has been damaged) but
within one (1) year following tetmir/ation of this Agreement decides to restore the
same, the City shall give written notice thereof to Operator whereupon Operator shall
have a period of thirty (30) days in which to elect to enter into, and actually enter
into, a new contract with the City for operation of the same following its restoration
which contract shall be on the same terms and conditions described herein except that
the t~tm shall be only for the portion of the t~tm hereof lost due to termination under
this section.
If, on the other hand, the City elects tO repair and restore, payments of the base
management fee attributable to the Arena or the Convention Center, as the case may
be, shall be equitably reduced (taking into account the volume of services provided
by Operator during reconstruction) until the Arena or the Convention Center, as the
ease may be, is reopened to the public; however, the City shall continue to reimburse
Operator for Reimbursable Expenses until the Arena or the Convention Center
(whichever has been damaged) is re-opened to the public."
(1) Section 10.3 Termination by the City for Lack of Funding. Section 10.3 of the
Existing Agreement is hereby amended to read in its entirety as follows:
"Should the City elect to terminate funding for the operation and maintenance of
either the Arena or the Con~ention Center, the City shall have the right to terminate
this Agreement with regard to the Arena or Convention Center, as the case may be,
7
HOUSTON:019485/00001 :g 13980v8
-286- -
upon written notice to Operator, such telanination to be effective on the ninetieth
(90th) day after such election to terminate. In such event, the City shall pay to
Operator all fees and other sums due to Operator h~,under through and including the
date of t~mfination with respect to the Arena or the Convention Center, as the case
may be; otherwise, such t~mfination by the City shall be without penalty or liability.
In the event in lieu of termination of all funding for operation and maintenance of the
Arena or Convention Center the City's annual budget or other budget process results
in a reduction of the funds available to be paid to Operator hereunder, Operator shall
have the right to either accept such reduced funding or, at Operator's election, to
terminate this Agreement as to the affected facility by written notice to the City given
within sixty (60) days following Operator's rec~qpt of notice of the reduction in
funding.
Should funding be restored by the City for operation and maintenance 0fthe Arena or
Convention Center, as the case may be, after this Agreement has been teirainated due
to termination or reduction in funding, the City shall provide written notice thereof to
Operator whereupon Operator shall have the first fight to enter into a new contract on
the same terms and conditions set forth herein. In the event Operator elects to
exercise such right and option, Operator and the City shall promptly thereafter
execute and enter into an amendment to this Agreement as to the Arena or
Convention Center, as the case may be, reinstating the same to its or/~nal t~nas and
conditions."
(m) Section 10.4 Tennination at Will. Section 10.4 of the Existing Agreement is hereby
amended to read in its entirety as follows:
"The City shall have the right at any time following the third (3~t) anniversary of the
Opening Date of the Arena to terminate this Agreement, without cause, by providing
one hundred twenty (120) days prior written notice to such effect to Operator, such
termination to be without the payment of any penalty, fee or premium. In the event
of such termination, however, the City shall pay Operator any base management fees
accrued but unpaid as of the date of such termination and any earned but unpaid
portion of the incentive fees described in Section 7.3 above."
(n) The first sentence of Section 13.1 of the Existing Agreement is hereby amended by
deleting the phrase "the Convention Center ..."
(o) Section 13.2 of the Existing Agreement is hereby deleted therefrom.
(p) Schedules. Schedules 6.5 and 7.1 affixed to the Existing Agreement are hereby
amended to read in their entirety in the form, respectively, of Schedules 6.5 and 7.1 attached to this
First Amendment.
(q) Miscellaneous. This First Amendment shall be governed by and construed in
accordance with the laws of the State of Texas. Except as expressly amended hereby, the Existing
Agreement shall remain in full force and effect. The Existing Agreement, as hereby amended, is
hereby ratified and confirmed in all respects. The District Courts of Nueces County, Texas shall be
the exclusive place of venue for any disputes arising under or with respect to this First Amendment.
8
HOUSTON:O 19485/00001:813980v$
-287-
This First Amendment may be executed in one or more counterparts, and each such counterpart shall
for all purposes be deemed to be an original, but all such counterparts taken together shall constitute
but one and same instrument, binding upon the parties, not~nthstandmg that all of the parties m y not
have executed the same counterpart.
The undersigned have executed this First Amendment as of the date first set forth above.
CITY OF CORPUS CHRISTI, TEXAS
By:
Nanle~
Title: City Manager
Approved as to form:
City Legal De'pm hnent
SMG, a Pennsylvania joint venture
By:
Name:
Title:
Schedules
6.5 - Key personnel chart
7.1 -Wage Scale for Operator's employees
HOUSTON:019485/00001:813980v$
9
-288-
SCHEDULE 6.5
Vice President or higher
General Manager or Director of
Technical Service at the Arena
Financial Analyst and Technical
Support Services at the Arena
General Manager or Director of
Technical Service at the Convention Center
Clerical
Assistant General Manager
Anyone who reports directly to the General Manager or Assistant General Manager, except the
Director of Operations, all as reflected on the attached organizational chart which chart may be
amended from time to t/me upon the mutual written agreement of the parties.
HOUSTON:019485/00001:813980v8
1
-289-
SCHEDULE 7.1
Title
Vice President or higher
General Manager or Director of
Technical Service at the Arena
Financial Analyst and Technical
Support Services at the Arena
General Manager or Director of
Technical Service at the Convention Center
Hourly Rate*
$160.00
$100.00
$ 80.00
$160.00
$ 40.00
*Travel time will not be billed.
HOUSTON:019485/00001:813980v$
1
-290-
24
AGENDA MEMORANDUM
October 14, 2003
SUBJECT: Professional Minor League Baseball Stadium - Project No. 4310
AGENDA ITEM:
a. Motion authorizing the City Manager, or his designee, to execute an architectural
services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas,
Texas for the Professional Minor League Baseball Stadium.
Motion authorizing the City Manager, or his designee, to execute a project management
services contract in an amount not to exceed $475,175.00 with Anderson Group
Construction Management, Inc. of Corpus Christi for the Professional Minor League
Baseball Stadium.
FUNDING: Funding will be supplied by the Corpus Christi Business and Job Development
Corporation (4-A Board). 4-A Board proceeds do not require appropriation.
RECOMMENDATION: Approval of the motions as presented.
I R. Escobar, P. E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Contract Summaries
Site Map
H :\HOME~KEVINS~GEN~BasebalI~AEPMMemo.doc
-293-
BACKGROUND INFORMATION
PROJECT DESCRIPTION: The contracts provide for the Architectural and Project Management
services necessary to design and construct a professional minor league baseball stadium. The
stadium will be configured to "AA" standards with a capacity for 6,000 attendees. The project will be
located on the site of the current cotton compress warehouses owned by the Port of Corpus Christ
west of the Harbor Bridge (U. S. 181). See Exhibit C. The facility will front on Port Avenue with
parking to be provided west of the site by the Port of Corpus Chdsti. Additional parking is to be
developed south of the site. The site will include approximately 300 parking spaced for V.I.P and
team use. The City is committed to construction of the facility in the amount of $15,000,000. This
amount includes the extension of Tancahua to Port Avenue.
ARCHITECTURAL SELECTION: The City released a Request for Proposal for amhitectural
services, which was followed by a Request for Proposal for project management services. HKS,
Inc. of Dallas, Texas was selected from a field of four applicants for negotiation. All four applicants
were non-local, but three of the firms listed tocal sub-consultants. HKS has successfully completed
several minor and major league ballparks. HKS listed significant baseball experience at the major
and minor league levels. HKS expressed a strong desire to produce a unique design that would be
responsive to the local area. It was noted that HKS had a strong attention to detail that produced
ballparks that were not reproductions of their previous designs. The HKS designers develop
multiple concepts and studies for each of their ballparks before proceeding to design. HKS was the
only firm to list a landscape architect as a team member. HKS is located in Dallas which would
facilitate coordination meetings during the design process. The HKS team includes:
· Wilson Kullman McCord
· Urban Engineering
· HKS Structural
· Blum Consulting Engineers
· BAi, LLC
· Systems Design, Inc.
· Robert Gignac Landscape Architects
A contract summary is attached. See E~ibit B-1.
PROJECT MANAGER SELECTION: Five firms responded to the Request for proposal.
Anderson Group Construction Management, Inc. (AGCM) was selected for negotiation. AGCM
is successfully managing construction at Corpus Christi International Airport, the Multi-Purpose
Arena and the Bayfront Convention Center. The AGCM possesses significant experience in
the use of the Construction Manager at Risk delivery process. They have successfully used the
process for South Texas Community College and City of Corpus Chdsti. A contract summary is
attached. See Exhibit B-2.
PRIOR ACTIONS: The 4-A Board has approved the project and issued a re-imbursement
resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project.
FUNDING: Funding is provided by proceeds administered by the 4-A Board. The City acts as the
agent on behalf ofthe 4-A Board. Funding will be advanced from the 1/8 cent sales tax pending the
issuance of bonds by the Board. The Board has approved a reimbursement resolution to permit
repayment of expenditures.
Page 1 of 2
H:\HOM E\KEVIN S\GEN\BasebalI~AEPM BkgExhA.doc
-294-
IMPLEMENTATION SCHEDULE: The project is scheduled to be complete on April 1,2005. This
will require an aggressive implementation effort.
Page 2 of 2
H:\HOM E\KEVINS\G E N\BasebalI~AEPM Bkg ExhA.doc
-295-
CONTRACT SUMMARY
CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES
SCOPE OF SERVICES
A. PRE-DESIGN SERVICES
1. Site Plan - The Consultant will:
define the project to integrate into the surrounding street system and provide advice for street
alignment, parking and utility improvements necessary for the stadium. The design will
address opportunities for synergy with the other public facilities in the vicinity including the
Port of Corpus Christi, the Bayfront Arts and Sciences Park, and linkages and connections to
create a cohesive cultural complex. The design will directly address parking, roadways, and
utility alterations, which will be identified to be compatible with stadium, and future
expansions.
2. Pro.qrammin.q - The Consultant wilh
provide the exact description and scope of the project as directed by the City Engineer in
work sessions with the Consultant. Areas of spaces identified in the Site Plan will be
enumerated. The project scope of spaces and systems will be balanced within the
constraints of funding limitations. Conceptual plans developed by the City's other consultants
will be evaluated for possible improvements and funding sufficiency verified.
3. Site plan and programming by the Consultant will include:
a. review the program requirements developed by the City's other consultants;
b. review and develop alternative site and building configurations and implementation
plans;
c. develop an understanding of the critical development issues and the City's
development program through meetings with City staff, the Port of Corpus Christi,
the tenant, citizens, community leaders, business leaders, other governmental
entities, potential users of the facilities, and the project manager;
d. conduct a visual survey to observe the area as to activity level, occupancy, and
current uses to verify flow patterns and areas of congestion;
e. document additional information impacting stadium design and configuration
determined from the data collection, observations and review;
f. refine the preferred building concepts and site plan;
g. prepare base plans, for their use and their consultants use for the preparation of
design drawings, using available record plans and field verification when necessary,
review and update block plans representing the existing terminal building layout to
identify areas and categories of functional space, including food preparation, serving,
seating areas, floor areas, circulation areas, concession, circulation, mechanical and
storage rooms, ticketing, administrative spaces and parking; and
h. record minutes of all meetings with City staff and other City Consultants and deliver a
copy to the City Engineer for reproduction and distribution.
The City Enqineer has or will provide as available and applicable:
a. reproducible standard detail sheets;
b. city standard specifications, standard provisions, forms, and notices;
c. the budget for the project specifying the funds available;
d. record drawings and base data of the existing facilities if available;
e. a geo-technical investigation and report of the selected site;
f. a survey including topographic information, metes and bounds description, and
utilities locations.
BASIC SERVICES
1. Desi.qn Development - Preliminary Construction Document Phase (60%} - The Consultant
will:
IExhibit B-1 ]
Page 1 of 6
-296-
Desi,qn
a.
employ and coordinate the activities of Consultant's staff architect(s), and consulting
engineer(s) to ensure all architectural and engineering related report documents are
prepared under the direct supervision of architect(s) or engineer(s) registered to
practice in the State of Texas. Sub-Consultants (engineer(s)) shall practice
engineering in the disciplines for which they will be engaged in the design of this
project, (i.e. civil, structural, mechanical, electrical, plumbing);
prepare design development documents for the entire project based on the approved
schematic design to further refine and describe the project establishing the scope,
relationship, form, size and appearance of the project through the use of plans,
sections, schedules, typical details, elevations, and outline specifications;
produce design documents in a manner to assure their suitability for continued use in
the development of bid, contract, and construction documents;
all design, bid, and construction documents will be developed with electronic format
(AutoCAD r.14 or higher);
drawings will define all major elements and systems in civil, landscaping schematic,
architectural, interiors, structural, mechanical, electrical, plumbing, fire protection,
electrical, and telecommunications;
coordinate subconsultants for traffic/parking, civil engineering, landscape
architecture, sports field drainage, code/life safety, acoustical/audio-visual, food
service, exterior and public space lighting, graphics/signage, telecommunications,
electronic data systems, sports lighting, access and security systems, and provide
for the inclusion their design documents in the design - construction documents
delivered to the City;
prepare and deliver four (4) color renderings depicting the final design from views
coordinated with the City Engineer or his designee;
update the design narrative to reflect modifications made since the completion of the
site planning phase;
prepare a fire protection and life safety analysis identifying fire protection code
requirements, fire protectiop issues, and proposed solutions and alternatives;
meet with local building and fire code officials to review the project;
develop an outline specification identifying major materials and systems;
update the estimate of probable construction cost and project schedule;
deliver five (5) sets of design development drawings that represent 60% contract
document completion to the City Engineer and meet with City staff and the City's
program manager for review and approval;
assure the delivered design development documents include at a minimum:
i. design development level drawings of all disciplines;
ii. design narrative;
iii. fire protection and life safety analysis;
iv. outline specifications;
v. project phasing pla'n;
vi. four colored renderings;
vii. an updated opinion of probable construction costs;
viii. site development plans, utility plans, foundation plans, and framing plans;
ix. floor plans with all primary spaces and wall divisions;
x. mechanical, electrical, and plumbing with primary and secondary systems
designated with preliminary layouts of equipment moms;
xi. one line diagrams of specialty electrical systems such as fire and life safety,
public information, security and communication.
- Construction Document Phase (100%} - The Consultant will:
employ and coordinate the activities of Consultant's staff amhitect(s), and consulting
engineer(s) to ensure all architectural and engineering related report documents are
Exhibit B-1 ]
Page 2 of 6
-297-
prepared under the direct supervision of and sealed by architect(s) or engineer(s)
registered to practice in the State of Texas.
prepare drawings, specifications, bid, contract, construction documents based on the
approved design development documents which set forth in detail the requirements,
drawings, specifications, and quality levels of materials and systems necessary in
the format to permit the bid, contract award, and construction of the project;
prepare construction drawings (plans and specifications) in City format;
deliver five (5) copies of the 90% complete construction documents for each
construction contract and meet with the City Engineer and City staff for review and
approval prior to completion of the final bid and construction documents;
the Consultant will prepare technical specifications which define the quality and
installation of materials, systems, and equipment;
deliver to the City Engineer plans, specification manuals, bid and contract
documents in a format suitable for review by the Texas Department of Licensing and
Regulation (TDLR) for handicap accessibility;
work on behalf of the City Engineer in evaluation and correction of documents to
meet requirements of the TDLR if necessary;
deliver to the City Engineer final reproducible plans, specifications, contract and bid
documents in City format including full size and half size plan sheets;
review and validate the estimate of probable construction cost and project budget as
it relates to alternative construction based on the final construction documents;
recommend alternatives, methods of bidding, and any alternate bid items that may
be needed to allow the City to award the construction contract within budget;
Bid Phase - The Consultant shall complete the following as part of the bid phase services:
a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid
documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other
revisions to the bid documents identified prior to bidding. Addenda will be prepared
by Consultant and reproduced and distributed by the City Engineer;
c. assist the City Engineer in securing bids, analyze bids, and make a written
recommendation concerning award of the contract; and
d. in the event the bid received by the lowest responsible bidder exceeds the
established project budget for construction, the Consultant will, at his/her expense,
confer with City Engineer and make revisions as necessary and satisfactory to the
City Engineer to permit the re-advertising of the project for bids.
CONSTRUCTION SERVICES
1. Construction Phase - The anticipated duration of construction is twelve (12) months for the
project. The Consultant shall complete the following tasks during the construction phase:
a. attend and assist the City Engineer with a pre-construction meeting between the
contractor, City Engineer, and other interested parties;
b. review and check for approval, materials and other submittals customarily provided
by the Contractor or required by contract documents during the course of
construction by the contractor and ensure that two field copies and one record of
submittal data is provided to the City Engineer (the construction contract documents
will provide for the contractor to pay the cost for any approval, materials or other
submittals requiring more than two (2) reviews by the Consultant). The Consultant's
review or approval of Contractor's submittals such as shop drawings, product data
and samples shall only be for the limited purpose of checking for general
conformance with the visual design concept expressed in the contract documents.
The Consultant shall not be responsible for any deviations between the shop
drawings, the contract documents, and field conditions;
IExhibit
Page 3 of 6
-298-
prepare a color and material board, after receipt of submittals from the contractor, for
review and approval by the City Engineer;
provide interpretations and clarifications of the plans and specifications for the
contractor and authorize minor changes which do not affect the contractor's price or
the duration of the construction contract, and are not contrary to the general interest
of the City under the contract;
review and evaluate any change order proposals that may be necessary during the
progress of the work including a recommendation to accept or reject;
consult with the City Engineer and advise during construction and confer with City
staff and other governmental authorities as needed;
make necessary visits to the site(s) of the project, work in cooperation with the City
Engineer and his/her representative (Project Manager) and contractor to observe the
general progress and quality of work, and determine, in general, if the work is being
done in accordance with the contract documents and in accordance with the
quantities of work represented in current contractor requests for payment.
Consultant site visits will not constitute or be confused with a resident inspection or
continuous monitoring of the progress of construction. The Consultant's local
architectural associate, mechanical, electrical structural and other engineering
consultants will provide periodic site visits during the construction period. Other
subconsultants will make periodic site visits as necessary during the construction
period.
provide for engineering inspections during the progress of the project to ensure
execution and delivery to the City Engineer a WPI-II Windstorm Certificate as
required by the Texas Department of Licensing and Regulation, executed by an
Engineer licensed to practice in Texas;
travel in Corpus Christi, and its environs, as necessary for accomplishment of
services under this contract; and
the consultant is not responsible for the contractor's means and methods of
construction.
Record Drawings - The consultant shall review the Contractors field set of construction
drawings and specifications. On the basis of "red-line" drawings and marked-up
specifications provided by Contractor, and based upon known deviations, change orders,
mark-ups, and changes reported by the City project inspector, the Consultant shall
prepare "as-built" record drawings and specifications of the project as constructed and
deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later)
of the record drawings and a marked up set of specifications.
POST-CONSTRUCTION SERVICES - The Consultant shall:
1. conduct a preliminary inspection and prepare a punch list of items for correction, repair or
installation by the contractor to be d~livered to the City Engineer and contractor prior to final
inspection;
2. conduct a final inspection with the City representative and contractor which shall include a
familiarization walk-through with City personnel (if applicable) of mechanical and control
systems, emergency procedures, and maintenance procedures;
3. review of the following materials submitted by the contractor for completeness: operation
manuals, maintenance manuals, technical information, approved submittal sheets, parts lists,
manufacturer maintenance guaranties and warranties and/or other guaranties or warranties
and forward the material to the City's designated representative for copying, collating, and
distribution; and
4. assist the City Engineer in completion of the final Certificate of Occupancy if required by the
Building Official.
Exhibit B-1
Page 4 of 6
-2§9-
on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing
and Regulation on the inspection phase of the project for compliance with Article 9102 -
Texas Statutes, Elimination of Architectural Barriers Program.
on behalf of the City Engineer, perform a 10 month maintenance guaranty inspection of the
facility noting items of repair/replacement consistent with a 1 year warranty of the facility by
the Contractor.
ADDITIONAL SERVICES
1. Food Services - Consultant will provide food services consultant to ensure the design and
location(s) of kitchens, food storage, food preparation, food holding and serving areas is
appropriate for the size and uses of the stadium,. Design and documentation will include
banquet kitchen, warming kitchen(s), pantries, and concession/storage areas. The
Consultant will develop necessary plans and specifications to allow the City to procure major
furnishings, fixtures and equipment for food service areas. The services will include major
equipment The Consultant will optimize the central kitchen and other food areas for service
areas for the use by a single food service contractor. The Consultant will provide one or
more food holding and service areas for use by local users and community organizations.
2. Exterior and Public Space Lighting - Consultant will provide design and documentation for
exterior and public space lighting.
3. Graphics - Consultant will provide graphics and signage design to ensure users of the
stadium are provided with directional, location and activity information in a consistent and
uniform manner. Graphics and signage will be coordinated with the overall design.
4. Audio-Visual and Acoustical - Consultant will provide sound system and acoustical analysis
to ensure the sound system effectively operates to allow effective communication with users
of the facility. The design of the sound system will include acoustical analysis. The results of
the acoustical analysis will be utilized in the design of the areas being remodeled and new
expansion.
5. Telecommunications - Consultant will provide a design and specifications for a modern state
of the art telecommunications system.
6. Sports Lighting - Consultant will provide for the inclusion of specialized sports lighting, and
retain the services of a sub-consultant to design and specify sports lighting for inclusion in the
bid and construction documents.
7. Field Drainage - Consultant will provide for the inclusion of specialized sports field drainage
in the bid and construction documents.
FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $1,240,000.00.
Summary of Fees:
Tasks I Description { Fee
Pre-design Services
II.A I Site Plan & Programming 15,000
Pre-design Subtotal 15,000
Basic Services & Additional Services
II.B.1 Design - Construction Document Phase 60% 356,900
ll.B.2 Design - Construction Document Phase 100% 490,600
ll.B.3 Bid Phase 52,500
Basic Service Subtotal 900,000
Construction Services
I1.C.1 Construction Phase 260,000
II.C.2 Record Drawings 10,000
Exhibit B-1
Page 5 of 6
-300-
I Construction Service Subtotal I 270,000
Post Construction Services
II.D Post Construction Phase 5,000
Post Construction Services Subtotal 5,000
Design & Construction Subtotal 1,190,000
Expense Allowance 50,000
TOTAL 1,240,000
Exhibit B-1
Page 6 of 6
-301-
CONTRACT SUMMARY
CONTRACT FOR PROJECT MANAGEMENT SERVICES
BASIC SERVICES:
A. Design Phase Services
The Consultant will provide the following services without assuming responsibility for design:
1. review the site plan and proposed project;
2. make recommendations concerning the site plan;
3. attend and participate in design workshops with the design team, City staff, and others;
4. review, comment, and make recommendations concerning the design;
5. provide periodic updates and revisions of the master schedule;
6. develop a cost model and provide estimates of construction and other costs during the
design and construction document phases;
7. provide design review and recommendations during the design process including:
a. review and comment on the 60% complete design documents;
b. participate in a design workshop;
c. review and comment on the 100% complete design documents;
d. attend and participate in presentation of the schematic design;
e. participate in the detailed design workshops for:
~. architectural and structural components;
ii. mechanical electrical and plumbing systems;
iii. technical systems; and
iv. graphics and interiors;
9. review plans and specifications in terms of operational and functional efficiency;
10. review communication, fire, life safety, electrical, plumbing, mechanical, elevator,
escalator, and other technical systems and provide comments and recommendations;
11. review plans and specifications for constructability;,
12. review proposed site layout, circulation paths, parking lots/structures, building orientation,
entrances and exits and provide comments and recommendations;
13. develop a program for safety planning and risk management;
14. develop a community outreach program to assist local contractors and matedal suppliers
wishing to participate in the project or otherwise offer services during the project.
B. Construction Phase Services
It is anticipated the construction phase services will include those services attached as Exhibit A.
Additional construction phase services are anticipated to include:
Develop Construction management and project controls including forms, tracking,
reporting, and data management systems;
provide cost management assistance;
maintain and revise project schedules and critical path systems;
provide field oversight and quality assurance on a continuous resident representative
basis;
develop a project safety system;
identify and repod to the contracto, r and City staff any observed safety deficiencies and
violations;
assist in assuring spaciality system contractors coordination is maintained
FEE
Fee for Basic Services Authorized. The City will pay the Consultant a lump sum fee not to e~ceed
$475,175.00 for providing services specified in Section I I.A. - ll.B.
H:\HOME\KEVINS\GEN\BasebalI~AEPMContractSummaryExhB-2.DOC
-302-
Exhibit B-2
Page 1 of 1
File : \Mproject\councilexhibits\exh4310.dwg
NUECES BAY
PROJECT
LOCATION
CORPUS CHRIS~ BAY
LOCATION MAP
NOT TO SCALE
PUBUC OIL DOCKS
PROJECT SITE
SHIP CHANNEL
I
LEXINGTON
(MUSEUM)
CORPUS CHRISTI
BAY
CITY PROJECT NO. 4310
VICINITY MAP
NOT TO SCALE
EXHIBIT "C"
PROFESSIONAL MINOR LEAGUE BASEBALL
STADIUM
CITY OF CORPUS CHRISTI, TEXAS -303-
CITY COUNCIL EXHIBIT ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of I
____----
DATE:10-14-2003 ~
cc. iff of
or, us
Christi
-306-