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Agenda Packet City Council - 01/20/2004
CITY COUNCIL AGENDA JANUARY 20, 2004 11 � 11:45 a.m. Introduction of Craig E. Clark, Corpus Christi District Engineer, Texas Department of Transportation Swearing-in ceremony for newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 20, 2004 9:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 1:30 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 qua su ingl6s as limitado, habri un intftrete ingffis-espahol an todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 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 Pastor Michael Groves, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of January 13, 2004. (Attachment # 1) Agenda Regular Council Meeting January 20, 2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Community Youth Development (78415) Program Steering Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; ormay modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual consideration in its normal sequence afterthe 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) 3. Motion approving the purchase of fifteen (15) vehicles from the Houston -Galveston Area Council of Government (HGAC) for the amount of $203,851.30. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police and Fire Departments. Funds are available from the FY 2003-2004 Fire Department Stations Operating Budget and the 2003 Law Enforcement Block Grant. These items will be replacements to the fleet. (Attachment # 3) Agenda Regular Council Meeting January 20, 2004 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4.a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $16,920 from the Texas Department of Public Safety for Hazardous Materials Emergency Preparedness Planning Activities. (Attachment # 4) 4.b. Ordinance appropriating $16,920 from the State of Texas Department of Public Safety in the No. 1062 Fire Grants Fund for Hazardous Materials Emergency Preparedness Planning Activities. (Attachment # 4) 5. Ordinance appropriating $20,746.50 in training revenues received from Del Mar College into the General Fund for Fire Department for the purchase of a vehicle; and amending the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing estimated revenues and appropriations by $20,746.50. (Attachment # 5) 6.a. Motion authorizing the City Manager or his designee to purchase a turnkey solution consisting of an EMC Storage Area Network (SAN), a sixty -month warranty, installation and data migration services from DataSeek Corporation, of San Antonio, Texas in an amount not to exceed $499,364.25. DataSeek Corporation is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five-year period using the City's lease line of credit. (Attachment # 6) 6.b. Motion authorizing the City Manager or his designee to purchase cabling services from AVNET Enterprise Solutions, of Austin, Texas, in the amount of $260,261.56. AVNET Enterprise Solutions is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five- year period using the City's lease line of credit. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for architectural services with Dykema Architects, Inc., of Corpus Christi, Texas for the Central Library Children's Area Project in the amount of $8,000 for a re- stated total not to exceed the fee of $32,000. (Attachment # 7) Agenda Regular Council Meeting January 20, 2004 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Motion authorizing the City Manager or his designee increase the escrow with the Texas Department of Transportation in the amount of $27,973.01 for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to Naval Air Station) in compliance with the Advanced Funding Agreement. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for professional services with Felix H. Ocanas, Jr. of Corpus Christi, Texas in the amount of $11,050, for a total re -stated contract fee of $36,000, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY2003. (Attachment # 9) 10.a. Motion approving the reimbursement application for $10,275 submitted by the Nueces County Emergency Services District No. 1, owner and developer of C. C. Hart Partition, Lot 3, Share 3, for the installation of 210 linear feet of an offsite 8 -inch PVC sanitary sewer collection line. (Attachment # 10) 10.b. Ordinance appropriating $10,275 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay the Nueces County Emergency Services District No. 1's reimbursement request for the installation of 210 linear feet of an offsite 8 -inch PVC sanitary sewer collection line to develop C.C. Hart Partition, Lot 3, Share 3. (Attachment # 10) 11.a. Motion approving the Deferment Agreement between the City of Corpus Christi and Davis Net Lease No. 1, L.P., developer of future Lot 1A, Block 4, Nueces River Irrigation Park in the amount of $7,527.68 cash for the future construction improvements including curbs, gutters and sidewalks along County Road 50, in accordance with the Platting Ordinance. (Attachment # 11) 11.b. Motion approving the Deferment Agreement between the City of Corpus Christi and Davis Net Lease No. 1, L.P., developer of future Lot 1A, Block 4, Nueces River Irrigation Park, in the amount of $24,364.23 for the future improvements including construction of street, curbs, gutters, sidewalks, storm water sewer and water lines along County Road 50, in accordance with the Platting Ordinance. (Attachment # 11) Agenda Regular Council Meeting January 20, 2004 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12.a. Motion approving the SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement submitted by Yorktown Oso Joint Venture, for the construction and installation of approximately 8,000 linear feet of 18 to 27 -inch gravity sanitary sewer, about 2,500 linear feet of fl- inch force main, a lift station and appurtenances, located in the south side of Corpus Christi, mainly along the Airline Road street right-of-way. (Attachment # 12) 12.b. Ordinance appropriating $2,108,755 from the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Yorktown Oso Joint Venture, for the installation of approximately 8,000 linear feet of 18 to 27 -inch gravity sanitary sewer line, about 2,500 linear feet of 8 -inch force main line, a lift station and appurtenances, as specified in Sanitary Sewer Construction and reimbursement agreement located in the south side of Corpus Christi, mainly along the Airline Road street right-of-way. (Attachment # 12) 13. Second Reading Ordinance - Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section, and providing for penalties: (First Reading 01/13/04) (Attachment # 13) 14. Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, Section 9-54 to change the landing fee and the definition of commercial aircraft. (First Reading 01/13/04) (Attachment # 14) 15. Second Reading Ordinance - Authorizing the City Manageror his designee to execute a five-year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range; and providing for termination upon 30 days notice by either party. (First Reading 12/09/03) (Attachment # 15) PUBLIC HEARINGS: ZONING CASES: 16. Case No. 1103-01, John J. Nelson: A change of zoning from an "R-113" One -family Dwelling District to an "R-1113" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Agenda Regular Council Meeting January 20, 2004 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Landmark Preservation on Del Mar Subdivision, Block 17, Lot 22, located south of Clifford Street and 100 feet west of Santa Fe Street. (Attachment # 16) Planning Commission and Staffs Recommendation: Approval of the "R-1 B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by John J. Nelson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 22 from "R-113" One -family Dwelling District to "R-113" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 17. Case No. 1103-02, Glenn R. Peterson: A change of zoning from an "R-1 B" One -family Dwelling District to an "R-1 B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 16, located south of Clifford Street and 400 feet west of Santa Fe Street. (Attachment # 17) Planning Commission and Staffs Recommendation: Approval of the "R-1 B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 16 from 'R-113" One -family Dwelling District to "R-113" One -family Dwelling District with a "HC -F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 18. Case No. 1103-03. Glenn R. Peterson: A change of zoning from an "R-1 B" One -family Dwelling District to an "R-1 B" One -family Dwelling District with a "HC -F" (Facade) Historical -Cultural Agenda Regular Council Meeting Janua~ 20,2004 Page 7 19. 20. Landmark Preservation on Del Mar Subdivision, Block 23, Lot 1, located on the northwest comer of Clifford and Lawnview Streets. (Attachment # 18) Planning Commission and Staff's Recommendation: Approval of the "R-lB" One-family Dwelling Distdct with a "HC-F" (Facade) Historical-Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 23, Lot 1 from "R-lB" one-family Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1103-04, Glenn R. Peterson: A change of zoning from an "A-1" Apartment House District to an "A-1" Apartment House District with a "HC-F" (Facade) Historical-Cultural Landmark Preservation on Bayfront Terrace Subdivision, Block 4, Lot 5, located west of Ocean Ddve and 225 feet south of Ayers Street. (Attachment # 19) Planning Commission and Staff's Recommendation: Approval of the "A-l" Apartment House Distdct with a "HC-F" (Facade) Historical-Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Bayfront Terrace Subdivision, Block 4, Lot 5 from "A-1" Apartment House District to "A-1" Apartment House District with a "HC-F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1103-07, Glenn R. Peterson: A change of zoning from an "R-lB' One-family Dwelling Distdct to an "R-lB" One-family Dwelling District with a "HC-F" (Facade) Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 15, located on the south side of Clifford Street and 360 feet from Santa Fe Street. (Attachment # 20) CITY COUNCIL PRIORITY ISSUES (Refer k) legend at the end of the agenda summary) Agenda Regular Council Meeting January20,2004 Page 8 21.a. 21.b. 22.a. 22.b. Planninq Commission and Staff's Recommendation: Approval of the "R-lB" One-family Dwelling Distdct with a "HC-F' (Facade) Historical-Cultural Landmark Preservation. ORDINANCE Amending the Zoning Ordinance upon application by Glenn R. Peterson by changing the zoning map in reference to Del Mar Subdivision, Block 17, Lot 15, from "R-1 B" One-family Dwelling Distdct to "R-lB" One-family Dwelling District with a "HC-F" (Facade); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. SANITARY SEWER MASTER PLAN: Public hearing to consider amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi to extend a 24-inch gravity trunk main along a 2,000 linear foot segment of Cimarron Boulevard. (Attachment # 21) Ordinance amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi to extend a 24-inch gravity trunk main along a 2,000 linear foot segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of Channel 31. (Related Action Item #23 a 8, b) (Attachment # 21) Public hearing to consider amending the 1983 Sanitary Sewer Master Plan for southern portion of Corpus Chdsti for the installation of 10,000 linear feet of a 10-inch force main, a lift station and appurtenances. (Attachment # 22) Ordinance amending the 1983 Master Sanitary Sewer Plan for the southern portion of Corpus Chdsti for the installation of a 10,000 foot, 10-inch force main, a lift station for service areas east of Rodd Field Road and south of Holly Road. (Related Action Item #24) (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~J) J. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. Agenda Regular Council Meeting January20,2004 Page 9 K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23.a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's Point Unit 4 Subdivision, for the installation of 1,238 linear feet of an off-site 24-inch PVC gravity sanitary sewer trunk main along Cimarron Boulevard between Yorktown Boulevard and Ditch 31. (Related Public Hearing # 21) (Attachment # 23) 23.b. Ordinance appropriating of $148,635.66 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Mostaghasi Investment Trust for the installation of 1,238 linear feet of an off- site 24-inch PVC gravity sanitary sewer trunk main as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop King's Point Unit 4 Subdivision. (Attachment # 23) 24.a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer, for future development. The installation of a 10,000 foot, of a 10 inch force main, a lift station and appurtenances. (Related Public Hearing # 22) (Attachment # 24) 24.b. Ordinance appropriating $700,000 from the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Hogan Development Company, for installation of a 10,000 foot, 10 inch force main, a lift station and appurtenances as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop Lift Station No. 11 and Force Main for service areas east of Rodd Field Road and south of Holly Road. (Attachment # 24) 25.a. Resolution approving the execution of an Affordable Housing Project Agreement between the Corpus Christi Business and Job Development Corporation and the Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant to the NCCAA $225,000 toward land acquisition for an Affordable Housing Project. (Attachment # 25) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 20,2004 Page 10 25.b. 26. 27. L= Resolution authorizing the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi to allow the City Manager or his designee to administer funding on behalf of the Corporation, perform the contract administration responsibilities associated with Affordable Housing Project Agreements, and to specifically administer a separate agreement between the Corporation and the Nueces County Community Action Agency. (Attachment # 25) Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and F.A. Richard & Associates to provide workers' compensation Third Party Administration (TPA) and cost containment services. (Attachment # 26) Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Chdsti, Texas, and Intracorp to provide case management services. (Attachment # 27) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 1:30 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl6s es limitado, habr~ un int6rprete ingl~s-espar3ol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting Janua~ 20,2004 Page11 28. 29. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Sections 551.071, 551.072 and 551.087 regarding the acquisition and development of site for minor league baseball stadium, with possible discussion and related action in open session. Executive session under Texas Government Code Section 551.071 regarding Cause No. 01-1084-H; Absolute Industries vs. City of Corpus Christi, in the 347th District Court, Nueces County, Texas, with possible discussion and action 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 b#ef discussions regarding city-related matters. 30. CITY MANAGER'S REPORT 31. 32. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: Agenda Regular Council Meeting January 20,2004 Page 12 POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:30 p.m., January 16 , 2004. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 COMMUNITY YOUTH DEVELOPMENT (78415) STEERING COMMITTEE - One (1) vacancy with term to 8-31-05 representing the category of 78415 resident. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal A~ent (City of Corpus Christi) or any organization submitting a proposal for fundin? through the CYD Program~ or their immediate family members~ may serve on the committee. An expiration date for this committee was set as August 31, 2003, unless funds for the program end sooner. MEMBER TERM ORIGINAL APPTD. DATE Verla Gene Varino (78415 res.),Chair 8-31-04 *Rafael Alvarez (78415 Res.), Vice-Chair 8-31-05 Dick Leonard 8-31-04 Lynda Jean Richter (78415 ResidenO 8-31-04 Daniel Ramos 8-31-05 Andrea Walter 8-31-05 Coretta Graham 8-31-05 Cynthia Rodriguez (78415 ResidenO 8-31-04 Emmelinda Figueroa (78415 ResidenO 8-31-04 Erica Tello (Youth) 8-31-05 Brittani Booker (Youth) 8-31-04 9-12-00 2-13-01 4-25-00 8-19-03 12-16-03 8-21-01 4-29-03 12-17-02 8-27-02 12-16-03 12-16-03 *Resigned INDIVIDUALS EXPRESSING INTEREST Alfred J. Cardona Retired, U.S. Navy. Attend high school in Brooklyn, New York. Recipient of the Jefferson Award. Active volunteer at Calk Elementary School and Kostoryz Elementary. (78415 Resident) (1-14-04) Ellie Cardona Certified Nurses Aide. Attended high school in Long Island, New York. Received the Jefferson Award. Active member of the Parent Teacher Organization and the VIPS at Kostoryz Elementary School. (78415 Resident) (1-14-04) 2 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 13, 2004 - 9:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney (Arrived at 9:14 a.m.) Javier D. Colmenero (Arrived at 9:12 a.m.) Melody Cooper (Arrived at 9:03 a.m.) Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Arthur Lane of St. Matthew Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. In response to Mayor Neal's question, City Manager Noe replied that staff was not recommending action on Item 37 regarding the Mustang-Padre Island Area Development Plan. Instead, Mr. Noe stated that staff would provide a brief update. Mayor Neal called for approval of the minutes of the regular Council meeting of December 16, 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: Mechanical/Plumbing Advisory Board Mody Boatright (Reappointed) Patrick Scarpulla (Reappointed) Red Akin (Reappointed) John Tucker (Reappointed) James M. Horman Jr. (Appointed) Transnortation Advisory Committee Annette Torres (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 3, 15, 18 and 19. Council Member Scott announced that he was abstaining fi.om the vote and discussion on Item 13. Council members requested that Items 13, 15 and 16 be discussed. There Minutes - Regular Council Meeting January 13, 2004 - Page 2 were no comments from the audience. A motion was made and passed to approve Items 3 through 23, constituting the consent agenda, except for Items 13, 15 and 16, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-001 Motion approving the purchase of a twelve passenger Ford E350 Van and a Ford Police Interceptor Crown Victoria vehicle from the Houston-Galveston Area Council of Governments (HGAC) for the total amount of $37,974.75. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Aviation Department. Funds are available in FY 2003-2004 Aviation Capital Reserve Budget Fund No. 4611. The van is an addition to the fleet and the vehicle is a replacement to the fleet. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. 4. MOTION NO. 2004-002 Motion authorizing the City Manager or his designee to execute a construction contract with Western Oilfield Supply Company d.b.a. Rain for Rent, of Bakersfield, California in the amount of $74,294 for the Kinney Street Pump Station, Stand-By Pump Down System. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 5. MOTION NO. 2004-003 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction, of Corpus Christi, Texas in the amount of $308,648.75 for the Bear Lane Bridge Utility Adjustment. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 6. MOTION NO. 2004-004 Motion authorizing the City Manager or his designee to execute a testing agreement with Fugro South, Inc., of Corpus Christi, Texas in the amount of $58,940 for the Seawall Reconstruction Project Contract B-2, Part B, Power Street Outfall to Peoples Street. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, gel!y, Kinnison, Noyola and Scott, voting "Aye"; Chesney andColmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 3 7.a. MOTION NO. 2004-005 Motion ratifying the execution of Amendment No. 2 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to exceed $16,000 for a total re-stated fee of $34,400 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 7.b. MOTION NO. 2004-006 Motion authorizing the City Manager or his designee to execute Amendment No. 3 with Engineering & Construction Management Services, Inc., of Corpus Christi, Texas for a fee not to exceed $5,420 for a total re-stated fee of $39,820 for the Regional Transportation Authority (RTA) Bus Stop Miscellaneous Street Improvements, Phase 2A. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 8. MOTION NO. 2004-007 Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Goldston Engineering, Inc., of Corpus Christi, Texas for a total fee not to exceed $111,418 for the Stage 2 Services for the Laguna Madre Wastewater Treatment Plant Aeration System Rehabilitation Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 9.a. ORDINANCE NO. 025607 Ordinance appropriating $15,000 from Texas A & M University - Corpus Christi into Fund No. 1071 Community Enrichment Grants Fund as a portion of the local match for the University Beach Park Access Improvements Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 4 9.b. RESOLUTION NO. 025608 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi to provide a portion ($25,000) of the local match required per Texas General Land Office Contract 03-021 which consists of in-kind services to perform beach surveys, monitor the beach, and to conduct sediment grain size analysis as part of the University Marina Beach Park Project, Phase 2 located on Ocean Drive. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 10.a. ORDINANCE NO. 025609 Ordinance appropriating $37,300 fi.om unappropriated fund balance in the No. 5110 Maintenance Service Fund to provide funding for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications, Phase 2 Project; and amending the FY 2003-2004 Operating Budget adopted by Ordinance 025394 by increasing appropriations by $37,300. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 10.b. MOTION NO. 2004-008 Motion authorizing the City Manager or his designee to execute a construction contract with Barcom Commercial, of Corpus Christi, Texas in the amount of $33,903 for the City Hall Sixth Floor Sound Attenuation and Electrical Modifications - Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 11. ORDINANCE NO. 025610 Ordinance abandoning and vacating a 852.50-square foot portion of a five-foot wide utility easement in Lot 3-A, Share 2-A, Kaler Addition; and requiring the owner 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 with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 5 12. ORDINANCE NO. 025611 Ordinance abandoning and vacating a 2,500-square foot portion of a 10-foot wide, utility easement out of Lots 7-I 1 and Lots 30-34, Block 35, Padre Island No. 1 Subdivision; and requiring the owner, South Texas Hotels, L.L.P., 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 with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 14. MOTION NO. 2004-010 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with R.S. Black Engineers & Constructors, of Corpus Christi, Texas in the amount of $40,306 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 17. MOTION NO. 2004-013 Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and The Most Reverend Edmond Carmody, D.D., Bishop of the Diocese of Corpus Christi, a Corporate Sole, and His Successors in Office, in the amount of$23,113.61 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 18. MOTION NO. 2004-014 Motion authorizing the City Manager or his designee to execute Amendment No. 17 to the Architectural/Engineering Services Contract with M. Arthur (}ensler, Jr. and Associates, of Houston, Texas in an amount not to exceed $143,870 for additional construction phase services for the Corpus Christi International Airport Terminal Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. Minutes - Regular Council Meeting January 13, 2004 - Page 6 19. 20. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, Section 9-54 to change the landing fee and the definition of commercial aircraft. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. RESOLUTION NO. 025612 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $72,480 to the State of Texas, Criminal Justice Division for Year-Five funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a city match of $10,180 in the No. 1061 Law Enforcement Trust Fund and $14,400 in-kind services; for a total project cost of $97,060. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 21.a. RESOLUTION NO. 025613 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $13,299 to the State of Texas, Office of the Governor, Criminal Justice Division for Year Five funding of the Computer Forensics Specialist grant of the Police Department with a City match of $5,816 in the No. 1061 Law Enforcement Trust Fund and City match of $45,977 in the No. 1020 General Fund; for a total project cost of $65,092. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 21.b. RESOLUTION NO. 025614 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $59,811 to the State of Texas, Office of the Governor, Criminal Justice Division for Year One funding of a Crime Scene Technician grant in the Police Department with a City match of $3,060 in the No. 1061 Law Enforcement Trust Fund; for a total project cost of $62,871. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. Minutes - Regular Council Meeting January 13, 2004 - Page 7 21.c. RESOLUTION NO. 025615 Resolution setting a priority number of one for the Computer Forensics Specialist and priority two for the Crime Scene Technician Grant. The foregoing resolution was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 22. FIRST READING ORDINANCE Amending the Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section, and providing for penalties: On Ayers Street, (BS 286A): revising the existing speed limits to the following: 35 mph from Port Avenue to a point at 0.516 miles (STA 219+04.3) south of State Highway 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219+04.3) south of State Highway 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269+84.36) or south of Allencrest Street. 50 mph from a point at (STA 269+84.36) or south of Allencrest Street to a point 1.201 miles south to (STA 333+23) at the south city limit. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Colmenero were absent. 23. ORDINANCE NO. 025616 Amending the Code of Ordinances Sections 11-8, Riding on Sidewalks, Pedestrian Walkways or Portions of New Ship Channel Bridge, by making an exception for approved special events. (First Reading 12/16/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Cooper, Garret/, Kelly, Kinnison, Noyola and Scot/, voting "Aye"; Chesney and Colmenero were absent. Mayor Neal opened discussion on Item 13 regarding the Garcia Arts Center Area Street Improvements. Council Member Kelly stated that it appeared this agenda item was the first step to resolve the conflict in the neighborhood regarding this project. City Engineer Angel Escobar replied affirmatively. Mr. Kelly asked for a status of the negotiations with the rest of the property owners. Mr. E,scobar replied that staffwas still negotiating with the property owners of the remaining ten pamels needed to construct the proposed improvements. Mr. Kelly commended staff for their efforts Minutes - Regular Council Meeting January 13, 2004 - Page 8 to make the needed improvements while still addressing the concerns of the residents of the area. 13. MOTION NO. 2004-009 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights for Parcel 7, being all of Lots 8 and 9, Block 4, H.E. Lurer Partition, with street address of 2028 Marguerite, necessary for the Garcia Arts Center Area Street Improvements, Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Chesney and Colmenero were absent; Scott abstained. Mayor Neal opened discussion on Item 15 regarding the Airport Terminal Construction Program. Council Member Cooper expressed concern about the large amount of money involved in this change order, namely $1,250,000. She asked why it was necessary and why the expense was not anticipated sooner. Mr. Kevin Stowers, Assistant Director of Engineering Services, answered that the change order was necessary to accelerate the completion of the Transportation Security Administration and Federal Inspection Station lease spaces. He said the city was unable to execute a timely lease agreement with the General Services Administration (GSA). He said the delay in the lease approval by the GSA resulted in a delay in design work of the lease spaces. He said the lease spaces are important revenue sources that will help defray the cost of the New Terminal. He said because the city wants to have the revenue come in as quickly as possible, the work can be expedited by executing this change order for the exterior shell of the building. Then, Mr. Stowers said the interior build-out can be bid as a separate contract because of statutory limits on change orders. Ms. Cooper asked if the revenue coming in will justify the additional cost. Mr. Stowers replied that the city needed to make this expenditure to receive the revenue. Ms. Cooper again expressed concern about the amount of the change order and that it was unanticipated to this point. Mr. Stowers added that it was important to note that the Transportation Security Administration did not exist at the time the project was originally designed, and could not have been anticipated. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 13, 2004 - Page 9 15. MOTION NO. 2004-011 Motion authorizing the City Manager or his designee to execute Change Order No. 54 with Fulton Coastcon, Inc., Joint Venture, of Corpus Christi, Texas in the amount of $1,250,000 for the Corpus Christi International Airport New Terminal Building to complete exterior terminal expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station Areas. The foregoing motion was passed and approved with the following vote: Neal, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Chesney and Colmenero were absent; Noyola abstained. Mayor Neal opened discussion on Item 16 regarding a Deferment Agreement for future improvements to Cimarron Boulevard. Council Member Kinnison stated that he was in support of the Deferment Agreement, and asked for a time line on the completion of this project. Mr. Escobar replied that staff would be providing the Council with a list of recommended CIP street improvement projects for Bond 2004. He said this item anticipated this discussion by allowing the city to defer the construction by the developer of the subdivision so the city could execute a complete construction from south of Yorktown on Cimarron Boulevard. He said the next agenda item also referred to the Deferment Agreement, setting aside in escrow the amount the developer would contribute. He said staff would be recommending improvements to the entire length of Cimarron Boulevard in the Bond 2004 discussion. City Manager Noe added that the city would need to obtain funding to complete their share of the improvements, most likely through bond money. City Secretary Cbapa polled the Council for their votes as follows: 16. MOTION NO. 2004-012 Motion approving the Street Construction Deferment Agreement between the City of Corpus Christi and Hogan Development Company, L.P. in the amount orS 102,727.21 for the future street construction improvements to Cimarron Boulevard, an urban collector roadway, in accordance with the Platting Ordinance. The foregoing motion was passed and approved with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the public hearing on the following item: 24.a. Public hearing to consider executing a thirteen-year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park. There were no comments from the a,dienee: Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as Minutes - Regular Council Meeting January 13, 2004 - Page 10 follows: 24.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a thirteen-year Renewal and Extension Lease with the Corpus Christi Area Council for the Deaf, Inc. to continue maintaining and operating a facility for deaf persons on a portion of Mt. Vernon Park; providing for one, ten-year automatic extension of the lease; and providing for termination upon one (1) year written notice by either party. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 25, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-05, Faucett Enterprises, Inc.: A change of zoning from an "R-lB" One- family Dwelling District to a "B-1" Neighborhood Business District on Rolling Acres No. 2, Block 5, Lots 6 and 7, located on the northeast comer of Leopard Street and Rolling Acres Drive. City Secretary Chapa said the Planning Commission and staffrecommended denial of the "B-1" Dislxict and in lieu thereof, approval of an "AB" Professional Office District. Mr. Gunning stated there were two individuals in opposition to the zoning change. He said the property has been vacant for many years. Mr. Gunning said that several individuals spoke in favor of the "AB" Professional Office District zoning because they felt it would be an improvement to the area if the property were to be developed. They cited problems with high weeds, rodents and trash dumping in the vacant lot. He said the applicant had indicated that they would be willing to accept the "AB" district. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Kelly asked if the two notices returned in opposition to the zoning change were referring to the "B-l" zoning. Mr. Gunning replied that the individuals were opposed to both the "B-l" and "AB" zoning because they felt it would devalue their property. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 13, 2004 - Page 11 25. ORDINANCE NO. 025617 Amending the Zoning Ordinance upon application by Faucett Enterprises, Inc. by changing the zoning map in reference to Rolling Acres No. 2, Block 5, Lot 6 and 7, from "R- 1B" One- family Dwelling District to "AB" Professional Office District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103 -06, Valero Refining-Texas, L.P.: A change of zoning from an "R- 1B" One- family Dwelling District, "A-l" Apartment House District, and "B-4" General Business District to an "I-3" Heavy Industrial District on all of Shares 2-A and 3-A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3-A and 0.39 acre of Lot 6, Lot 7, and Lot 7-A of Share 2-A, located along Up River Road, Kaler Drive, Rackley Street, and Cantwell Drive. City Secretary Chapa said the Planning Commission and staffrecommended approval of an "I-3" Heavy Industrial District. Mayor Neal asked Mr. Gunning to provide a brief presentation on this case. Mr. Gunning stated that the zoning change was to allow for the development of a Corporate Refinery Headquarters complex and a product quality control facility for Valero Refining Company of Texas. He said the proposed development would consist of a 122,000 square-foot, three-story building serving as headquarters for the refinery. The product quality control facility, or laboratory, would house offices and product sample testing rooms. He said the facility was planned as a 28,000 square foot three-story structure that would operate 24-hours a day. He said an above-ground storage tank utilized for the disposal of process oil samples and having a 1,000-gallon capacity was being proposed outside of the lab site. He noted that if the "I-3" zoning was approved, the applicant would be required to go before the Zoning Board of Adjustment for approval of the laboratory use. Mayor Neal made reference to a Neal Tract on the zoning map, and clarified that neither he nor anyone in his family owned the property. Mr. Scott commented that this item was a success story because the plan was to turn this area into a more commercial area, rather than residential. No one appeared in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. Mr. Kelly stated that the location of the headquarters and laboratory were steps in the right direction for this area. He said the plan was to encourage office uses and business uses, rather than heavy industrial development. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 025618 Minutes - Regular Council Meeting January 13, 2004 - Page 12 Amending the Zoning Ordinance upon application by Valero Refining - Texas, L.P. by changing the zoning map in reference to all of Shares 2-A and 3-A of the Kaler Tract, Volume 9, Page 58, Volume 27, Page 58, Volume 31, Page 71, and Volume 37, Page 126 of Nueces County, Texas, except Lots 8, 9, and 10 of Share 3-A and 0.39 acre of Lot 6, Lot 7, and Lot 7-A of Share 2-A from "R-lB" One-family Dwelling District, "A-l" Apartment House District and "B-4" General Business District to "I-3" Heavy Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-08, Spohn Health System Federal Credit Union: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8, located south of Booty Avenue, west of Fifth Street and north of Ayers Street. City Secretary Chapa said the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. City Secretary Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 025619 Amending the Zoning Ordinance upon application by Spohn Health System Federal Credit Union by changing the zoning map in reference to Ropes and Chamberlain Bay Terrace No. 2, Block 503, Lots 1, 2, 3, 4, 5, and part of Lots 6, 7, and 8 from "AB" Professional Office District to "B- 1" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1103-09, James R. Byrn: A ehartge of zoning from an "R-lB" One-family Dwelling District to an "I-2" Light Industrial District on Brezina Farm Tract, Block 2, Lots Minutes - Regular Council Meeting January 13, 2004 - Page 13 4B and 4C located east of Brezina Road and west of Weber (W.O.W.) Road. City Secretary Chapa said the Planning Commission and staff recommended approval of an "I-2" Light Industrial Dislhct. No one spoke in opposition to the zoning change. Mr. Colmenero made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 28. ORDINANCE NO. 025620 Amending the Zoning Ordinance upon application by James R. Bym by changing the zoning map in reference to Brezina Farm Tract, Block 2, Lots 4B and 4C from "R-lB" One-family Dwelling District to "I-2" Light Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 29, and a motion was made, seconded and passed to open the public heating on the following zoning case: Case No. 1103-10, Al Mostaghasi: A change of zoning from an "F-R" Farm-Rural District and "R-1C" One-family Dwelling District to a "R-1B" One-family Dwelling District on 26 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, located east of Quail Springs Road and north of County Road 26A. City Secretary Chapa said the Planning Commission and staffrecommended the approval of a "R-1B" One-family Dwelling District. No one spoke in opposition to the zoning change. A motion was made, seconded and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 025621 Amending the Zoning Ordinance upon application by Al Mostaghasi by changing the zoning map in reference to 26 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section 26, Lots 13 and 14, from "F-R" Farm-Rural District and "R-lC" One-family Dwelling District to "R-1B" One-family Dwelling District; and amending the comprehensive plan to account for any deviations fi'om the existing comprehensive plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Before continuing with the agenda, Mayor Neal asked Mr. Tom Utter to introduce his guest Minutes - Regular Council Meeting January 13, 2004 - Page 14 and make an announcement. Mr. Utter announced that the City of Corpus Christi has been chosen as one of the six target areas by the Texas State Affordable Housing Corporation. He said the legislature had given the corporation ten percent of the multifamily mortgage revenue bond allocation in the State of Texas, totaling $38 million. He introduced Mr. Jason Bullmore, Vice- President of Multifamily Lending and Bond Administration for the corporation. Mr. Bullmore stated that the next step in this funding phase was to issue a Request for Proposals from the development community in Corpus Christi. He said the legislature's intent was to ensure local input into the RFP process with the help of the local municipalities. He said he looked forward to working with the Mayor and with Mr. Utter. Council Member Scott asked for more information on how many people could be helped with these funds. Mr. Bullmore replied that the corporation wanted to seek public input to answer these types of questions for the RFP. Mr. Scott asked if the development could be private. Mr. Bullmore answered affirmatively, saying that the development could be a public/private partnership or strictly public. He said the type of development was strictly at the discretion of the developer and the local municipalities. Council Member Noyola asked how much money the city would be receiving from the corporation. Mr. Bullmore replied that the state allocated the corporation almost $40 million for use in the state. He said the corporation has not specified dollar amounts in each of the six identified target areas. He said he envisioned this first phase of funding as "first come, first serve". Mr. Noyola asked if this allocation was only for 2004. Mr. Bullmure replied affirmatively, but said it was an annual allocation. Council Member Kinnison asked if the RFP could be targeted to fund development in the downtown area. City Manager Noe replied it could as long as the development met the necessary criteria. Mr. Kinnison commented that he hoped the funds could be used as a catalyst for development in the downtown area. Council Member Colmenero asked if there could be multiple applications per city. Mr. Bullmore replied affirmatively, but said the legislature would probably prefer seeing the funds spread out throughout the state. He said $40 million in affordable housing was not a large amount of money, because the average financing vehicle was about $10 million. Mayor Neal deviated fi'om the agenda and referred to Item 31, a presentation on the day's agenda regarding Municipal Court operations. Presiding Judge Rodolfo Tamez provided a brief update on the Collections aspect of Municipal Court operations. He said since its inception in 2001, the collections program has leveled off from original levels. He noted in 2002, the Collections Program suffered a setback when the Texas Attorney General stated that courts could not add collection fees to non-adjudicated cases. In 2003, however, Judge Tamez stated the Texas Legislature passed HB 3159, amending state law to allow courts to add a collection fee to non- adjudicated fee. bxdge Tamez stated collections continued to be an effective way to hold defendants accountable for their cases. He said the vendor has been open and cooperative to program Minutes - Regular Council Meeting January 13, 2004 - Page 15 enhancements. He said the vendor sends collection letters and make telephone calls to defendants who had failed to appear within the last 60 days. Judge Tamez named the following program enhancements to collections: sweep letters sent to the defendants by vendor; second and third letters sent to defendants who fail to resolve their cases; and coordination with the City Marshals division to enhance both collections and warrants. Judge Margie Silva Flores provided an update on the warrants aspect of Municipal Court operations. She said the court has put in place a process to ensure that warrants are a top priority. She said in the five months to date in FY 2003-04, the Court has collected $87,208 in warrant fees, compared to $16,120 for all of FY 2002-03. She said this was a 540 percent increase in this year alone. She said in FY 2003-04 (five months to date), the Court has collected $153,072 in Failure to Appear (FTA) fines, compared with $16,907 in all of FY 2002-03. She said there were 5,400 active Bench, Capais Pro Fine, FTA and Violation of Promise to Appear Warrants (VPTA) warrants. She provided a brief definition of each type of warrant. She noted that the imaging program has greatly increased the efficiency of researching cases for eligible warrants. Judge Flores stated that five staff assistants are dedicated to research and prepare cases eligible for Capias Pro Fine, Bench, Failure to Appear and Violation of Promise to Appear Warrants. Judge Flores stated that Municipal Court currently has seven City Marshals. She said they actively execute warrants on the field, "walk-ins" on warrant at the court, and transport defendants on warrant fi.om the Nueces County Jail to resolve Municipal Court warrants. She also provided information on the Municipal Court/Corpus Christi Police Department Warrants Interface, which allows the Police Department 24 hours a day, seven days a week access to Municipal Court warrants. She said the court has a back-up plan in place when the interface is down. In conclusion, she said the warrants program was very effective in getting individuals to resolve their cases. Judge Missy Medary discussed the pre-trials process. She said the court has implemented a new policy to schedule pre-trials for all cases with a "not guilty" plea. She said before the new process, only Trials by Jury were set for a pre-trial. She said the key to the success of the pre-trials was the coordination between Judicial, Prosecution and Administration aspects. She named the following benefits of using the pre-trial process for all "not guilty" pleas: reduced number of cases actually going to trial - only 3 of 35 pre-trial cases go to trial; reduced staff preparation time; and reduced officer overtime. Judge Medary said in December 2002, 72 police officers had accrued 216 hours of overtime (minimum of three hours per appearance). She compared these figures with those from December 2003, in which only 13 officers accrued 39 hours of overtime. She said this amounted to a 82 percent reduction in police officer overtime. Judge John Rank provided an update on the Environmental Court. He said the weekly docket has been established. He said three jury trials and nine non-jury trials per week will be scheduled to minimize any inconvenience to departments required to have officers present. He said 100 cases per week can be pre-trialed. He said the pre-trials would be used by the prosecutor with advice from the ordinance officer to gain compliance. He said the defendant would usually be offered deferred disposition or reduced penalty as incentive to gain compliance. He said all plea har~in~ will be approved by the jnclge for consistency. Minutes - Regular Council Meeting January 13, 2004 - Page 16 Judge Rank stated compliance dockets will be used to ensure that the defendant has complied. He said failure to comply may subject the individual to the maximum penalty. He said individuals who do no plead "guilty" will be set for trial promptly. Individuals who are found guilty alter trial may be placed on deferred disposition which will require compliance. Failure to comply may result in maximum punishment. Finally, Mr. Rene Mendiola, Director of Municipal Court Administration, provided an update on court operations. He said the court was continually improving court technology. He said the imaging system allowed the court to manage the electronic work flow. He said the Council has approved a purchase of servers for the court software programs. He said the use of technology allows for the potential redistribution of staff. Mr. Mendiola said that great team work between the judicial, prosecution and administration aspects of Municipal Court. He said all areas of the court are included in the implementation of new processes to ensure that the process is beneficial to all areas of the court. He said the court continues to look for new ways to utilize programs to make sure we work at our most effective and efficient capability. He said the court was fine tuning two more new programs which staff would update the Council on at a later date. Mayor Neal asked if any of the new state laws have had an effect on the operations of Municipal Court. Judge Tamez replied that they affected court costs. He noted the new $30 state traffic fine had increased costs. He said a beneficial change the state has implemented is that they consolidated five court costs into one court cost. He said the state also changed the defensive driving statutes, making commercial drivers ineligible to take defensive driving in a traffic case. In response to Mr. Colmenero's question, Mr. Mendiola replied that staffhas taken a two- pronged approach in processing Failure to Appear warrants. He said on August 1, 2004, the city began serving all the FTAs for individuals from that time forward. At the same time, Mr. Mendiola said staff was all serving warrants from one month prior. He said hopefully, by the end of this calendar year, the court will be caught up. Council Member Kelly commented that this was the type of creativity and innovation that he and the Council expected from people of their caliber. He commended them for these programs. Council Member Garrett commended Judge Tamez and his staff for these programs. He singled out the warrant interface program and the pre-trial program for special praise. Council Member Scott asked staffto review the time line for prosecution of environmental court violations. City Manager Noe replied that from the administrative side, as soon as the inspection is performed and a violation is found, a notice is sent to the owner giving them 10 days in which to comply. The inspector notes on the system when a reinspection is needed at the conclusion of the 10-day period. If there is no compliance, then the inspector can file a complaint and work with the prosecutor's office. Assistant City Manager Rose said once it goes to the prosecutor's office, it is usually referred to the court in a week. City Manager Noe added that in some cases, the property owner may provide a schedule of maintenance that may not be within these tirae frames. Since the goal is voluntary compliance, however, Mr. Noe said that staffwill make allowances for individuals if they follow through with their plans. If they do not follow through, Minutes - Regular Council Meeting January 13, 2004 - Page 17 the case will still be prosecuted. Judge Rank said at this point, the prosecutor would have a summons issued to the individual. The summons would give the individual a time to appear for pre-trial. He said the prosecutor would work with the ordinance officer to determine how much more time the individual should be given to comply. He said the individual would be informed of the consequences if they did not comply. Judge Rank said he would approve all pre-trial agreements to ensure consistency. In sum, Judge Rank stated that the process could take as long as two to three months. Mr. Scott commented that a year ago, the process took a year. Mr. Scott asked what the maximum penalty was. Judge Tamez replied that it was $1,000 to $2,000. Mr. Scott stated that this program was a step in the right direction to ensuring that the city had livable neighborhoods. Judge Rank noted that the court also had identified resources to assist those individuals who could not comply due to financial or other limitations. Council Member Noyola spoke in support of the programs, and commended staff for their efforts. Before going into executive session, Mayor Neal recognized Officer Wayne Hodge, the new president of the Police Officers Association. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 32. Executive session under Texas Government Code Section 551.071 regarding Gloria Cardona, et al vs. Maria Jimenez and the City of Corpus Christi, Cause No. 01-3216-G, in the 319th Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. 33. Executive session under Texas Government Code Section 551.071 regarding Marcia S. West and Steven M. West vs. City of Corpus Christi, Cause No. 02-3927-E, in the 148t~ District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 34. Executive session under Texas Government Code Section 551.071 regarding potential legal issues related to County/City Jail Agreement, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was made, seconded and passed with the following vote: Minutes - Regular Council Meeting January 13, 2004- Page 18 33. MOTION NO. 2004-18 Motion authorizing the City Manager to settle Cause No. 02-3927-E, Marcia S. West and Steven M. West vs. City of Corpus Christi, in the 148~ District Court, Nueces County, Texas, for the sum of $200,000.00 subject to certification of funds. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garret-t, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a brief recess to present proclamations. The Council returned from recess, and Mayor Neal opened discussion on Item 35 regarding the Magistration~Detention Center Study/Report project. City Manager Noe explained that this item authorizes the retention of Roots Foster Associates Architects to design a magistration facility on the first floor of the Police Department building. Mr. Chesney commented that this item was a significant step in ensuring that the city would have a magistration facility in the event the city's negotiations with Nueces County regarding the county jail broke down. City Manager Noe answered affirmatively, saying that the county could effectively cancel the city's contract on September 12, so the city had to have a plan effective immediately. Mr. Chesney spoke in support of the effort. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 35. MOTION NO. 2004-015 Motion authorizing the City Manager or his designee to execute Amendment No. 1 with Roots Foster Associates Architects, Inc., of Corpus Christi, Texas for a total fee of $61,000, and for a total re-stated contract fee of $66,800 for the Corpus Christi MagistrationA])etention Center Study/Report Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 36 regarding the minor league baseball stadium project. Assistant Director of Engineering Stowers said staffhad completed the RFP process for the Construction Manager at Risk for the baseball stadium project. He said staff was recommending Fulton Coastcon and Hunt Construction Group, Joint Venture. He noted that five local finns had submitted competitive bids. He said staff felt that Fulton Coaston and Hunt Construction brought the necessary expertise to the project and would produce a quality project. Council Member Chesney asked if Andemon Group Construction Management (AGCM) was involved in the RFP process. Mr. Stowers answered affirmatively, saying that they were acting as the Project Manager for the city and were active in the process. Mr. Chesney asked ifAGCM had also recommended this group. Mr. Stowers answered affirmatively. Mr. Chesney asked other questions related to the RFP process for this project. Minutes - Regular Council Meeting January 13, 2004 - Page 19 Council Member Scott complimented staff and spoke in support of their recommendation. City Secretary Chapa polled the Council for their votes as follows: 36. MOTION 2004-016 Motion authorizing the City Manager or his designee to execute a contract for Construction Manager at Risk with Fulton Coastcon, Inc. and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Gan:eR, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained. Mayor Neal recognized Senator Chuy Hinojosa, who was in the audience. Mayor Neal thanked Senator Hinojosa and his staff for their efforts in representing the city in Austin. Mayor Neal deviated from the agenda and referred to Item 30, a quarterly report from the Regional Economic Development Corporation (EDC). Mr. Ron Kitchens, EDC Director, provided an update on an effort to redevelop the area around the refineries. He said the refineries have purchased a great deal of property over the years that has been sitting fallow. He said a partnership between the city, CITGO and Flint Hills Resources had resulted in an opportunity to redevelop a 400-acre tract in the area, a fourth of which is owned by the two refineries and the city. He presented a plan called the Northside Commons, a mixed-use redevelopment project between the city's refineries and the arts & entertainment sector of the city. He said the goal was to obtain private sector investment for the project. Along with this project, the EDC is hoping to become certified to receive New Markets Tax Credits. He said the land area was in close proximity to the Bayfront Arts and Sciences Park, downtown Corpus Christi, the Port and the refinery complex, creating a unique redevelopment opportunity. He said a manufacturing company has expressed interest in the area, and would like to put a 50,000-sq. ii. facility based on the standards for the building. He said his group has met with area residents more than a dozen times to keep them informed about the project. He said a successful project may increase their property values, so they had the option to sell their land if they wished. Mr. Kitchens stated that if the EDC were to become certified to receive the New Markets Tax Credits, the project time line would take seven to 10 years to complete. If the EDC did not receive the tax credits, the project would take 10 to 15 years to complete. Mr. Kitchens said the EDC believed that they could sell the development to the private sector. Mayor Neal thanked the EDC and staff for helping to create a vehicle to promote a public/private partnership to help the citizens in that area. Council Member Scott asked how the tax credit program would work if it were granted to the EDC. Mr. Kitchens said the New Markets Tax Credit program would provide 39 percent federal tax credit~ based on investment by individuals or corporations in low- to moderst~-ineome areas. Minutes - Regular Council Meeting January 13, 2004 - Page 20 Council Member Kelly commended Mr. Kitchens and his staff for their efforts in promoting this project. He said the community seems to be in support of the project because they recognize that the forced buy-outs were not successful. He said that the very aspects of the area that make it unattractive as a residential area are very attractive to commercial development. Council Member Garrett asked of the 300 residences in the area, how many were owned by the individuals residing in them. Mr. Kitchens replied that the total was about 50 percent owner- occupied and 50 percent renter-occupied or vacant. Mr. Garrett spoke in support of the project. Mayor Neal called for a brief recess. The Council returned from recess, and Mayor Neal opened discussion on Item 37 regarding the Mustang-Padre Island Area Development Plan. City Manager Noe explained that staff was not asking the Council to take action on this item. Rather, he asked the Council to postpone a decision until another public meeting on the Island could be held and until negotiations with Mr. Schexnailder could be concluded.. Mr. Michael Gunning, Director of Planning, provided an update on the status of the discussions. He said on November 18, 2003, the Council had approved the first reading of the ordinance adopting the Mustang-Padre Island Development Plan. At the hearing, he said Mr. Paul Schexnailder with Asset Development Corporation, had asked Council for additional time to review the plan with his architecture and design consultant. He said the Council had approved the first reading with a motion to delay the second reading for a period not to exceed 60 days. Consequently, he said staff placed the second reading on today's agenda. He said staff had met with Mr. Schexnailder on December 17, 2003, where staff was provided his preliminary comments. At this time, he said staffwas preparing responses to his preliminary comments. Mr. Schexnailder has verbally indicated that he needs additional time to finalize his comments. Thus, a second meeting is scheduled for January 7, 2004 to receive further input. Mr. Gunning stated that staffwas planning another meeting on the Island for public input, tentatively scheduled on February 12, 2004. He said staff would probably be able to bring the plan back to the Council the first meeting in March. Council Member Scott asked staff to reconsider the park dedication calculations. He also asked why areas on the island were being zoned "Farm- Ranch", instead of zoning to allow tourism if that was the likely use. City Manager Noe replied that when most cities annex property, they assign it rural zoning. He said property owners can decide to subdivide and zone the property as they build on it. He also asked staff to provide a comparison of how the city's general policies compare to Port Aransas. Mr. Scott asked if the city could create a seawall parking lot in two phases that was not cement, except in ADA accessible areas. City Manager Noe noted that he understood the parking lot needs to be an all-weather parking lot. He said he would check on this. Council Member Garrett asked staff to consider making the plan flexible to encourage development on the Island, especially the park dedication calculations. There were no comments from the aurlience. Minutes - Regular Council Meeting January 13, 2004 - Page 21 37. TABLED TO MARCH 2004 Mayor Neal opened discussion on Item 38, a professional contract services contract with Mr. Todd Hunter for lobbying services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 38. MOTION NO. 2004-017 Motion authorizing the City Manager or his designee to execute a Professional Services Contract with Mr. Todd A. Hunter for lobbying and governmental relations services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called ~r petitions from the audience. There were none. Mayor Neal called for the City Manager's report. City Manager Noe stated that today and tomorrow, the city was holding a Weapons of Mass Destruction (WMD) exercise that was being evaluated by the state. He said the Council should have received an invitation for a reception in honor of Richard Greene, Regional Administrator for the Environmental Protection Agency (EPA) and Margaret Hoffman, Director of the Texas Commission on Environmental Quality (TCEQ), to be held on Wednesday, January 14 at the Texas State Aquarium at 6:00 p.m. He noted that the recycling calendar was being placed in utility bill statements for the next few weeks. He commented that the Council should have received a copy of the city's annual report that was in the newspaper on Sunday. He said Wednesday evening, January 14, was the kick-off for the second Neighborhood Improvement Project at Ben Garza Gym at 6:00 p.m. He referred to a memo regarding a number of adjustments in the organization in light of the retirement of Assistant City Manager Jorge Cruz- Aedo. He said a retirement party would be held for Mr. Cruz-Aedo on Friday, Janua~ 16, from 3:00 p.m. to 5:00 p.m., and he invited the Council to attend. Mr. Noe reviewed the following upcoming agenda items: January 20 - CIP budget, consultant contract for off-site improvements to baseball stadium, and recommendations of 4A board on affordable housing; January 27 - binding lease agreement with the Ryans on the baseball stadium for first reading; and February 10 - Bond 2004. Mayor Neal called for Council concerns and reports. Council Member Chesney congratulated Council Member Scott for his appointment to the 1-69 Corridor group. He thanked Minutes - Regular Council Meeting January 13, 2004 ~ Page 22 City Manager Noe for his prompt response to his concerns regarding trash and water issues. He asked for a list of lobbyists the city was using in Austin. He thanked the Mayor and Council for accepting Mr. Todd Hunter's offer to provide lobbying services. Mr. Chesney spoke in support of the organizational changes Mr. Noe had made, and thanked Mr. Noe for keeping the Council informed. Mr. Chesney referred to a bike trail on Ocean Drive that he had heard was not well marked, and asked staffto check into it. Finally, he had received a request that a traffic study be done on Trojan Drive in front of Moody High School. Mr. Noe replied that unfortunately, the street in front of Moody High School was considered a collector street, and thus was ineligible for speed humps based on current policy. Mr. Chesney asked that enforcement of the speed limit in that area be enhanced. Council Member Colmenero asked for an update on the public school financing issue. Mr. Noe replied that the Mayor had gone to Austin on behalf of the Texas Municipal League to visit with Lt. Governor Dewhurst about this issue. Mayor Neal said that the Lt. Governor Dewhurst stated he would keep an open door policy to cities on this matter. Lt. Gov. Dewhurst also said he would keep the city at the table during negotiations. Mayor Neal said TML and the city were keeping a close eye on the issue. Mr. Colmenero discussed problems with noise in a number of neighborhoods. He stated that the city needed to provide more information to citizens on what the noise ordinance encompasses. Mr. Colmenero asked staff to publicize the HOME grants process. He also mentioned a case on Brawner Parkway where the speed humps were too high. He also mentioned problems with high weeds on one of the city's properties, and provided information on the matter to Mr. Noe. Council Member Noyola congratulated Mr. Cmz-Aedo on his new job, and told him that he would be missed. He asked for a summary of the actions taken by the 4A board at their meeting yesterday. Mr. Noyola noted that the board's recommendations on affordable housing would be provided to the Council at their January 20 meeting. He thanked Ms. Cooper, Mr. Colmenero and City Engineer Escobar for their participation in the town hall meeting last week. Finally, Mr. Noyola said a constituent had notified him that she had contacted TxDOT to see if they would lower the speed limit on Old Brownsville Road. Mr. Noe replied that he had asked engineering staff to see what improvements the city could make to provide a safer environment on Old Brownsville Road. Council Member Garrett also asked about conditions on Old Brownsville Road. He asked about the status of the Traffic Engineer opening. Mr. Noe replied that it was a very difficult position to recruit for, but staffwas working on it. Mr. Garrett also discussed problems with noise involving a bar on McArdle and Dody, and he asked staffto look into it. Mr. Garrett asked Mr. Escobar about the removal of the hospital zone on Alameda Street. Mr. Escobar replied that staffhad completed the initial survey and was repeating it for more documentation. He said the city was going to hire a traffic engineer for advice on the matter. Mr. Garrett congratulated Ms. Cheryl Soward on the city's annual report, saying it was well done. He also thanked Assistant City Manager Margie Rose for responding promptly to the Council's requests. Council Member Kelly mentioned another accident he had witnessed on F.M. 624, saying they occurred with alarming regularity. He commended the city's emergency response units for their prompt response times to the accident. He said, however, that the road was clearly over capacity, and needed to remain a high priority for the city. Mr. Kelly congratulated Mr. Cruz-Aedo on his new position and said he would be missed. He highlighted the NAACP's Martin Luther King Minutes - Regular Council Meeting January 13, 2004 - Page 23 Annual Banquet to be held on Saturday, January 17, at 7:00 p.m. at the Omni Bayfront Hotel. Council Member Scott welcomed new City Attorney Mary Kay Fischer to the city. He thanked Mr. Jorge Cruz-Aedo for his work as Assistant City Manager. Mr. Scott asked about the Council's meeting schedule for March. City Secretary Chapa pointed out that the National League of Cities Congress of Cities conference would be held in Washington, D.C. on March 9, which would interfere with the regular council meeting date. He also pointed out that March 16 was during Spring Break for many area schools. Al~er discussion, the consensus of the Council was to cancel the March 9 and March 16 meetings. Thus, the Council decided to meet on March 2, March 23 and March 30. Mr. Scott provided City Manager Noe with information on a traffic issue in front of the seawall on the Island raised by the Portofino Condominiums. He asked Mr. Noe to respond to their concerns. Finally, Mr. Scott asked about upcoming ordinances enhancing the littering ordinance, and he asked staffto develop an anti-littering campaign, possibly with help from the private sector. Council Member Cooper also congratulated Mr. Cruz-Aedo on his new position and said he would be missed. She thanked City Manager Noe, Assistant City Manager Ron Massey and City Engineer Escobar for their town hall meeting attendance, especially Mr. Escobar. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:45 p.m. on January 13, 2004. 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of fifteen (15) vehicles from the Houston-Galveston Area Council of Government (HGAC), for the amount of $203,851.30. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police and Fire Departments. Funds are available from the FY 03/04 Fire Department Stations Operating Budget and the 2003 Law Enforcement Block Grant. These items will be replacements to the fleet. Background Purpose: This purchase will include thirteen Ford Taurus' for the Police Department. These vehicles will be used by detectives in their day to day investigations. The Fire Department will receive a Ford Taurus and a Ford Expedition that will replace two existing vehicles with over 200,000 miles on each of them. The expedition will be used by supervisory personnel and will allow for ease of mobility during heavy rains and flooding. The Taurus will be used by a fire inspector to carry out his daily inspections. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participation members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. A separate administration fee in the amount of $600 will be invoiced to the City at the time of delivery of the all the vehicles. Funding: Fire Stmions Oper~ing Budget 550020-1020-12010 Law Enforcement Block Grant 550020-1061-00000-820803 Total Procurement & General Services Manager $39,184.20 164,667.10 $203,851.30 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION January 20, 2004 Police and Fire Department Vehicles BUYER: MICHAEL BARRERA 1 Ford Taurus 2 Ford Expedition QTY 14 Unit each each HGAC Contract Pricing B D #VE 10-03 UNIT PRICE TOTAL PRICE $12,666.70 $177,333.80 26,517.50 Total $203,851.30 4 CITY COUNCIL AGENDA MEMORANDUM January20,2004 AGENDA ITEM: Item A: Resolution authorizing the City Manager, or the City Manager's designee, to execute contract to accept a grant from the Texas Department of Public Safety in the amount of $16,920 for hazardous materials emergency preparedness planning activities. Item B. Ordinance appropriating $16,920 from the State of Texas Department of Public Safety in the No. 1062 Fire Grants Fund hazardous materials emergency preparedness planning activities; and declaring an emergency. ISSUE: The City of Corpus Christi and Nueces County have significant amounts of hazardous chemicals being manufactured and/or transported within their boundaries. With the vast amount of chemicals, comes the likelihood of accidents. To ensure that our emergency responders are properly trained and prepared for these accidents, it is essential to conduct training exemises. The general public also needs to be provided with information which will assist them in developing a personal safety plan for hazardous chemical incidents. This grant will allow us to conduct a chemical spill exercise/drill. Update our Tier II database to ensure that the City and County's emergency responders are provided with useful and up-to-date hazardous materials information. The grant will also allow us to conduct a Spring Public Awareness Campaign on Hazardous Chemical Incidents. The campaign will begin with the distribution of 86,000 brochures as an insert in the City of Corpus Christi Utility bill. This will be followed up with a TV media blitz by producing several informercials. Over 500 TV spots are planned to be aired. FUNDING: The total project cost is $21,150.00 and requires a hard or soft match of 20% ($4,230.00). Funds for the hard match have been budgeted by the Local Emergency Planning Committee in the FY 2003-2004 budget. RECOMMENDATION: Staff recommends approving the ordinance to appropriate a grant in the amount of $16,920.00 received from the Texas Department of Public Safety Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning. Juan J. Adan{le- bt Fire/Chief/LEPC Chairman ADDITIONAL SUPPORT MATERIAL Contract X Award Letter X Ordinance X RICK PERRY DIVISION OF EMERGENCY MANAGEMENT TEXAS DEPARTMENT OF PUBLIC SAFETY Mailing Address: PO Box 4087 Austin, Texas 78773-0220 Contact Numbers: 512-424-2138 Duty Hours 512-424-2000 Non-Duty Hours 512-424-2444 Fax Physical Address: 5805 N. Lamar Blvd. Austin, Texas 78752 THOMAS A. DAVIS, JR. Director JACK COLLEY State Coordinator December 19, 2003 Mr. Rick Ramos City of Corpus Christi LEPC 2406 Leopard, Suite 300 Corpus Christi, Texas 78408 Dear Mr. Ramos: I am pleased to inform you that your Hazardous Materials Emergency Preparedness planning' grant application to hire temporary employees to conduct community education outreach, a chemical spill exercise/drill, and update Tier II Database has been approved by the State Emergency Response Commission for an award of $16,920.00. This grant has been awarded based on the City of Corpus Christi LEPC application submitted on October 20, 2003. The State Emergency Response Commission has determined that this grant award is tendered to your jurisdiction until January 26, 2004. Both copies of the grant contract must be signed by your fiscal agent and returned to the Division of Emergency Management, no later than 5:00 p.m. on January 26, 2004. We will return one copy upon final execution by the State. You may submit the bill for reimbursement of authorized expenditures monthly or as they are incurred along with supporting documentation such as cancelled checks and/or receipts. All projects must be completed by August 31, 2004. If you have any questions please fee free to call my program manager, Mr. Edwin B. Staples at (512) 424-5985. Coordinator/ RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE CONTRACT TO ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $t6,920 FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING ACTIVITIES 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 execute a contract to accept a grant from the Texas Department of Public Safety in the amount of $16,920 for hazardous materials emergency preparedness planning activities. The City's cash match for this grant is $4,230 from fund 6060-21700-530500 for total project cost of $21,150. SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or terminate the grant. A"FI'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: January 14, 2004 Mary Kay Fischer City Attorney Lisa Aguilar ~) Assistant City Attorney Samuel L. Neal, Jr. Mayor ORDINANCE APPROPRIATING $16,920 FROM THE STATE OF TEXAS DEPARTMENT OF PUBLIC SAFETY IN THE NO. 1062 FIRE GRANTS FUND FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING ACTIVITIES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,920 from the State of Texas, Department of Public Safety, Division of Emergency Management, is appropriated in the No. 1062 Fire Grants Fund for hazardous materials emergency preparedness planning activities. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 14, 2004: Mary Kay Fischer. City Attorney By: Lisa Aguilar~ Assistant City Attorney Samuel L. Neal, Jr. Mayor Jan 20 EPP,doc 5 COUNCIL MEMORANDUM ORDINANCE: APPROPRIATING $20,746.50 IN TRAINING REVENUES RECEIVED FROM DEL MAR COLLEGE INTO THE GENERAL FUND FIRE DEPARTMENT FOR PURCHASE OF A VEHICLE; AMENDING THE FY 2003-2004 OPERATING BUDGET ADOPTED IN ORDINANCE 025394 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,746.50 EACH; AND DECLARING AN EMERGENCY. Background The Training Division of the Fire Department has been reimbursed by Del Mar College for some of the training costs associated with firefighter training throughout the year. The monies received are deposited into a revenue account until a need arises which will be of benefit to the Department. The referenced ordinance will appropriate $20,746.50 into the Training Divisions operating budget to allow for the purchase of a 2004, 3A ton pickup that will be used by supervisory personnel of the Division. The purchase will be made through the cooperative purchasing agreement with HGAC. As the award is less than the $25,000 threshold required to be awarded by City Council, the purchase will be made administratively by staff. Procurement & General Services Manager ORDINANCE APPROPRIATING $20,746.60 IN TRAINING REVENUES RECEIVED FROM DEL MAR COLLEGE INTO THE GENERAL FUND FIRE DEPARTMENT FOR PURCHASE OF A VEHICLE; AMENDING THE FY 2003-2004 OPERATING BUDGET ADOPTED IN ORDINANCE 025394 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,746.50 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,746.50 is appropriated in training revenues received from Del Mar College into the General Fund Fire Department for purchase of a vehicle. SECTION 2. That the FY 2003-2004 Operating Budget adopted in Ordinance No. 025394 is amended by increasing estimated revenues and appropriations by $20,746.50 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST: THECITYOFCORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: January 12, 2004 Lisa Aguilar Assistant City Attorney for City Attorney 6 CITY COUNCIL AGENDA MEMORANDUM January 20, 2004 AGENDA ITEM: Bo Motion authorizing the City Manager or his designee to purchase a turnkey solution consisting of an EMC Storage Area Network (SAN), a 60-month warranty, installation and data migration services from DataSeek Corporation of San Antonio, TX in an amount not to exceed $499,364.25. DataSeek Corporation is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five- year period using the City's lease line of credit. Motion authorizing the City Manager or his designee to purchase cabling services from AVNET Enterprise Solutions of Austin, TX in the amount of $260,261.56. AVNET Enterprise Solutions is a Catalog Information Systems Vendor (CISV) with the State of Texas. This expenditure is to be financed over a five-year period using the City's lease line of credit. ISSUE: The City purchased and installed the Phoenix electronic software system with associated servers and other hardware during 1990 for use by the Police department. The system has been enhanced since then and includes Computer Aided Dispatch (CAD), Records Management System (RMS), Mobile Dispatch Computers (MDC), and Automated Vehicle Locator (AVL) modules today. It is essential for the daily operation of the Police department. Tiburon Inc., vendor of the Phoenix product, announced that support for the Phoenix software modules will end during 2006. We therefore developed a plan to replace it and migrate the data to a new system during 2004 / 2005. Following are the steps required by this project with the purchase of items A and B being the first steps to completion. A) Purchase and migrate the data to a SAN B) Replace the current voice/data circuits (cable plant) in the Police department buildings C) Replace 100 terminals with PCs D) Purchase replacement software for the Phoenix product (CAD, RMS, MDC and AVL modules) and migrate operation from the Phoenix product to the new software E) Replace the servers REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. liburo~} Upgrade I -I 3-04 doc 01/07/04 PREVIOUS COUNCIL ACTION: On August 26, 2003, City Council authorized a twelve-month software maintenance agreement. On April 24, 2001, City Council authorized purchase of increased storage space for the system. On April 14, 1999, City Council authorized replacement of all major hardware components due to Y2K requirements. FUNDING: Amount Budgeted Source of Funds $40,444.05 5210-40490-530190 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke, P.E. Director of Information Technology BACKGROUND INFORMATION The Computer Aided Dispatching is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. The Records Management System is the backbone of all information processed by the Police Department - offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc. Mobile Data Computers are the laptops in the vehicles and the Automated Vehicle Locator is the system used to provide locations of all patrol units on a GIS mapping system. Tiburon ~ J'pgr ade I - 13 -04 doc 01/07/(~4 CONTRACT SUMMARY Vendor: DataSeek Corporation Contract Terms: This contract is for purchase from DataSeek Corporation a turnkey solution consisting of an EMC Storage Area Network (SAN), a 60-month warranty, installation and data migration services in an amount not to exceed $499,364.25. To be financed over a five- year period with monthly payments of $8,862.39 for 60 months after installation of the equipment, estimated to be April 2004. Contract Cost: The total contract cost for a five-year period, including interest payments, is $531,743.61 Vendor: AVNET Enterprise Solutions Contract Terms: B. This contract is for purchase from AVNET Enterprise Solutions cabling services in the amount of $260,261.56. To be financed over a five-year period with monthly payments of $4,618.93 after completion of replacing the cable plant at the Police department, estimated to be April 2004. Contract Cost: The total contract cost for a five-year period, including interest payments, is $277,137.83 [iburon Upgrade 1-13-04 doc 01/07/04 7 AGENDA MEMORANDUM January 20, 2004 SUBJECT: Central Library Children's Area - Project No. 4297 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for architectural services with Dykema Amhitects, Inc., of Corpus Christi for the Central Library Children's Area project in the amount of $8,000 for a restated total not to exceed fee of $32,00Q, FUNDING: Funding is available from settlement proceeds in the Library CIP Fund. RECOMMENDATION: Approval of the motions as presented. /~,r~4 I~. E~cobar, P. E. Director of Engineering Services Herb Canales Director of Libraries ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Contract Summary Site Map H:~HOME\KEVINS\GEN\LIBRARY~CENTRAL\Child ren'sArea#4297~AEMemo,doc BACKGROUNDINFORMATION PROJECT DESCRIPTION: The project will enlarge the children's area by relocating library staffto space on the second floor, create an appropriate separation between the children's area and the main library, a new office area, and interior design and planning for these areas. The approved design requires the redesign of existing air conditioning equipment. This includes the large make-up duct work and large trunk lines, and redesign of lighting. The amendment addresses the required HVAC and lighting work. AMENDMENT: The original contract was administratively awarded for $24,000. The need for mechanical and electrical engineering sub-consultant services was'net realized until the design was developed. While the amendment is less than $25,000, Council authorization is required for any contract that exceeds $25,000. A contract summary is attached. See Exhibit B. H:\HOME\KEVINS\G EN\LIBRARY~CENTRAL\Children'sArea#4297~AEBkg ExhA.doc Page 1 of 1 CONTRACT SUMMARY SCOPE OF SERVICES The Consultant's services will include basic research, documentation and design necessary for the preparation of plans and specifications required to enlarge the children's area by relocating library staff to space on the second floor, create an appropriate separation between the children's area and the main library, a new office area, interior design and planning for these areas, redesign of existing air conditioning equipment, including make-up duct work, large trunk lines, and redesign of lighting. cost estimates, construction documents, support for bidding, construction, and post construction activities. Ao BASIC SERVICES 1. Pre,qrem Confirmation and Refinement - The Consultant will: Refine and confirm the program to enlarge the Children's area. 2. Schematic Desiqn and Design Renderinq - The Consultant will Develop a schematic design and rendering for review and approval by City staff. 3. Design - Construction Document Phase (100%) - The Consultant will: a. 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 prepared under the direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State of Texas. b. 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; c. prepare construction drawings (plans and specifications) in City format; d. deriver 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; e. the Consultant will prepare technical specifications which define the quality and installation of materials, systems, and equipment; f. 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; g. work on behalf of the City Engineer in evaluation and correction of documents to meet requirements of the TDLR if necessary; h. deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format; i. review and validate the estimate of probable construction cost and project budget as it relates to alternative construction based on the final construction documents; j. 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; 4. 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 Enginebr any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reprodu~;ed 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. B. CONSTRUCTION SERVICES H:\HOME\KEVINS\GEN\LIBRARY~CENTRAL\Child ren'sArea~4297~AEAmd I ExhBContractSum.doc rExhibit B ] Page 1 of 3 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; c. prepare a color and material board, after receipt of submittals from the contractor, if applicable, for review and approval by the City Engineer; d. 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; e. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; f. consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; g. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer or his designated representative 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. h. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract; and i. 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 th~ 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. C. 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, I Exhibit B Page 2 of 3 H:\H OME\KEVI N S\GEN\LIBRARY~CENTRAL\Children'sArea~4297~AEAmd 1ExhBContyactSum.doc 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 assist the City Engineer in completion of the final Certificate of Occupancy if required by the Building Official. 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. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $32,000.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified as Pre-Design Services specified in Section I1. The fee consists of an original fee not to exceed $24,000, and a fee for Amendment No. 1 not to exceed $8,000. Summar7 of Fees: Tasks I Description I Fee Original Contract Pre-design Services II.A.1 Program Confirmation and Refinement 4,000 II.A.2 Design Development - Schematic Design 6,000 Pre-design Subtotal 10,000 Basic Services & Additional Services II.A.3 Design - Construction Document Phase 100% 6,500 II.A.4 Bid Phase 1,500 Basic Service Subtotal 8,000 Construction Services ll.B.1 Construction Phase 5,000 ll.B.2 Record Drawings 500 Construction Service Subtotal 5,500 Post Construction Services II.C Post Construction Phase 500 ORIGINAL CONTRACT TOTAL $24,000 Amendment No. 1 II.A.3 Design - (Mechanical/Electrical) 5,000 ll.B.1 Construction Phase (Mechanical/Electrical) 3,000 Amendment No. 1 Total 8,000 TOTAL $32,000 H:\HOME\KEVIN S\GEN\LIBRARY~CENTRAL\Children'sArea#4297~AEAmd 1Exh BContractSum.doc IExhibit B I Page 3 of 3 N LEOPARD ST COMANCHE ST. LOCATION MAP NOT TO SCALE MESTINA ST. LIPAN STREET KINNEY STREET PROJECT #4297 CENTRAL LIBRARY CHILDREN' S AREA CITY OF CORPUS CHRISTI, TEXAS VICr_Nr_TY MAP NOT TO SCALE EXHIBT~T "C" CITY COUNCIL EXHIBIT ~ DEPARTMENT OF ENGINEERING SERVtCE$ PAGE: 1 o'f 1 DATE: 01-15-04 ~ ~ 8 AGENDA MEMORANDUM SUBJECT: Cayo Del Oso Bridge Rehabilitation on Ocean Drive AGENDA ITEM: Motion authorizing the City Manager, or his designee, to increase the escrow with the Texas Department of Transportation in the amount of $27,973.01 for bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) in compliance with Advanced Funding Agreement. ISSUE: The bids received by TXDOT require additional City funding be escrowed before TXDOT can award the contract. FUNDING: Funding for this improvement is available in the Storm Water Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. The additional payment is necessar~ for the TxDOT to award the construction contract to begin rehabilitation of the Cayo Del Oso Bridge. ./l:zS~cAngel R. Escobar, P.E., D~te ' Director of Engineering Services ADDITIONAL SUPPORT MATERIAL: Exhibit "A" Background Information Exhibit "B" Location Map AGENDA MEMORANDUM Additional Background Information PRIOR COUNCIL ACTION: January 19, 1999 - Resolution authorizing the City Manager, or his designee, to execute a construction and maintenance agreement with Texas Department of Transportation in the amount of $155,687.50 for preliminary engineering services and bridge construction associated with Concrete Bridge Rehabilitation: Ocean Drive/Cayo del Oso Bridge Replacement project (Res. #02533). December 9, 2003 - Motion authorizing the City Manager, or his designee, issue payment to Texas Department of Transportation for the bridge rehabilitation on the Cayo Del Oso Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed $86,843.83 (M2003-429). PROJECT DESCRIPTION: The rehabilitation of the Cayo Del Oso Bridge was authorized by the Texas Transportation Commission Minute Order Number 107615 dated September, 1998 as part of the Off- State-System Federal-Aid Bridge Replacement and Rehabilitation Program. The project improvements include bridge foundation repair, concrete riprap and approximately 1,330 i.f. of hot mix overlay. The City paid $86,843.83,10% local share, based on the construction cost estimate prior to the TxDOT letting date. Bids for this project were received by TxDOT on January 8, 2004. The Iow qualified bid was 19.92% higher than the engineer's estimate. As a result the City is required to pay TxDOT an additional amount of $27,973.01 or 10% local share of the higher amount bid. This payment is consistent with the terms of the Advanced Funding Agreement executed between the City and TxDOT in January 19, 1999. Exhibit A Page 1 of 1 NUECESBAY LOCATZON MAP NOT TO SCALE PBOUECT ~ 2070 C~TY COUNCZL EXHZBZT CAYO DEL OSO PAGE: I of 1 CI~ OF CORPUS CHRIS~, 9 AGENDA MEMORANDUM DATE: January 20, 2004 SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid (Project No. 2170, 7240) AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Felix H. Ocanas, Jr. of Corpus Christi, Texas in the amount of $11,050, for a total re-stated contract fee of $36,000, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003. ISSUE: The proposed NE Amendment No. 1 includes additional construction and contract management and field inspection services to complete the project. This item requires City Council approval. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater and Storm Water Capital Improvement Budget. RECOMMENDA~/ION: Staff Foster Crow~ll, Director of Wastewater Department V . D recommends approval of the motion as presented. ,~ei R. Escobar, P.E., / Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map - Rolled Curb and Gutter Replacement Exhibit "C" Location Map - Sanitary Sewer Manhole Ring/Cover Adjustment H:\USERS2~HOME~VELMAR~GEN~DRAINAGE~217(AAMENDMENT NO 1\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid (Project No. 2170, 7240) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). 2. June 17, 2003 - Motion Authorizing the City Manager, or his designee, to award a construction contract in the amount of $719,350 with A. Ortiz Construction & Paving, Inc. for Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid (Motion No. M2003-216). PRIOR ADMINISTRATIVE ACTION: 1. June 2, 2003 - Executed small consultant agreement with Felix H. Oca~as, Jr., P.E. in the amount of $24,950 for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2003 Re-Bid. BACKGROUND INFORMATION: 1. Rolled Curb and Gutter Program: This is a yeady program that addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. Areas considered hazardous to vehicular or pedestrian traffic will receive priority over those areas where only drainage is affected. The amount of curb and gutter replacement will be determined by the availability of funds. This project will include work within the following areas: · Louisiana Parkway- Ocean Drive to Staples · Staples Street- Louisiana Parkway to DoddridgeNVeber · DoddridgeNVeber- Staples to SPID · SPID WB Frontage Road - Weber to Everhart · Everhart- SPID to Ocean Drive · Ocean Drive - Louisiana to Everhart 2. Sanitary Sewer Manhole Rin,q and Cover Replacement: Additional work includes new manhole frames, rings and covers to be adjusted to correct pavement elevation and cross slopes to improve street drive-ability and quality along the following streets: · Staples Street - from Leopard to Texan Trail · South Staples Street - from Holly Road to Saratoga Blvd. · Everhart Road - from Alameda Street to Yorktown Blvd. IEXHIBIT "A" ] Page 1 of 2 H:~USERS2~HOMEIVELMAR~GENIDRAINAGE~2170~MENDMENT NO I~GENDA BACKGROUND · Airline Road - from Ocean Drive to Cimarron · McArdle from Aidine Road to Holmes · And other priority locations as determined by staff and subject to availability of funding. South Staples Street, Everhart Road and Airline Road (Ocean Drive to Cimarron) manholes will be completely serviced through multiple on-going projects. AMENDMENT NO. 1: Amendment No. 1 consists of construction and contract management and field inspections services to complete the project as follows: Visit the site/confer with Contractor to observe the progress and quality of work, and to determine, in general, whether the work is in accordance with project design. · Review and approve all contractor's shop drawings and/or submittals. · Coordinate necessary change orders during the process of the work. City will prepare and process all change orders. · Review and approve all proposed layouts, lines, levels, and elevations prior to installation or construction to assure project design and intent. · Review the contractors progress payment request and approved schedule of work before submission to the City for processing. · Daily Progress Reports. · Monthly status reports by the 5th of each month. · Coordinate work with local residents and respond to residents concerns. · Evaluate & determine sections of curb & gutter to be replaced and manholes to be adjusted---prepare field sketches as needed, FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater and Storm Water Capital Improvement Budget. H:\USERS2'~HOM~VELMAR\GEN\DP~INAGE~2170~,MENDMENT NO. I~AGENDA BACKGROUND EXHIBIT "A" ~ F~le : \Mprojecf\councilexhibits\exh2170.dwg San Patricio County N NUECES BAY H 37 ROLLED CURB & GUTTER BOUNDARY LOCATION CORPUS CHRIS11 IN1E~NA110NAL NI~J~RT CORPUS CHRISTI BAY F.U. 43 N~ FU 2444 CITY PROJECT No. 2170 L OCA T T_ ON MAP NOT TO SCALE ROLLED CURB and GUTTER REPLACEMENT FY' 2005 GIN OF CORPUS CHRIST, EXHIBIT "B" CITY COUNCIL EXHIBIT ~ DEP~E~ OF ~GINEERING SERVIC~ PAGE: I of 1 __----- ~: 01-14-04 ~ iMpro/ecl '~ counc~lext~rs \ exn /z eu.ow~l NUECES BAY CORPUS CHRISTI BAY L OCA T T_ ON MAP NOT TO SCALE CITY PROJECT NO. 7240 EXHZBT_ T "C" SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENTS CI~ OF CORPUS CHRIS~ TEXAS CITY COUNCT_L EXHT_Br_T DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 o1:1 DATE: 01/14/04 10 AGENDA MEMORANDUM December 8, 2003 AGENDA ITEM: Motion approving the reimbursement application for $10,275.00 submitted by The Nueces County Emergency Distdct No 1, owner and developer of C.C. Hart Partition, Lot 3, Share 3, for the installation of 210 linear feet of an off-site 8-inch PVC sanitary sewer collection line, and, Ordinance appropriating $10,275.00 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay The Nueces County Emergency District No. 1 reimbursement request for the installation of 210 linear feet of an off-site 8-inch PVC sanitary sewer collection line to develop C.C. Hart Partition, Lot 3, Share 3; and declaring an emergency. ISSUE: The Nueces County Emergency Services District No. 1, owner and developer of C.C. Hart Partition, Lot 1, Share1 has completed construction of public sanitary sewer improvements to the subject tract that was platted on June 5, 2002. The developer is requesting reimbursement of the installation of an off-site sanitary sewer collection line in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Margie 'CRose Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Location Map Reimbursement Application AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of C.C. Hart Partition required the off-site extension of 210 linear feet of an 8-inch PVC wastewater collection line to the platted development (see Exhibit B - Location Map). The 8-inch sanitary sewer line is eligible for reimbursement as an off-site sanitary sewer collection line in accordance with the platting Ordinance. An application for reimbursement in the amount of $10,275.00 has been submitted (see Exhibit C - Reimbursement Application). In accordance with the reimbursement criteria in the Platting Ordinance for Collection Line extensions, the maximum developer reimbursement is limited to 50% of the mathematical product of the mathematical product obtained by multiplying the off-site average diameter pipe in inches by the fee value of the property as follows: Off-site Average Pipe Diameter = 8 inches. Fee value Dimensions of lot (in acres) x Sanitary Sewer Acreage Fee 2.673 acres x $961.00 $2,568.75 Maximum Reimbursement 50% x Fee Value x Average Diameter of pipe .50 x $2,568.75 x 8 $10, 275.00 Therefore, the total reimbursement owed to The Nueces County Emergency Services is $10,275.00 Application for reimbursement has been made in accordance with provisions of the Platting Ordinance. The application for the sanitary sewer collection line and supporting cost documentation are attached {see Exhibit C - Reimbursement Application) CITY ACCEPTANCE: All work is completed, and the sanitary sewer line improvements have been accepted by the City for operation and maintenance. SITE' MARTINE~ VIOL'CT ~,O. ~ ,'HU~RCN AREA MAP 1' = 1000' PROP. 8" PVC SS (THIS PROdECT) LOT 3, SHARE III, C, C, HART PARTITION (FIRE STA. SITE) NUECE$ CO. ~5' UE~ ), W~ GRANT TR. NUECES CO. SITE' LDCATION MAP 1' : 300' C, HART PART I T IDN SANITARY SEWER LINE REIMBURSMENT CDRPUS CHRISTI, TX EXB-SS.D~ NO. 01071 PLO~ ..~..ALE~ 1'= 1000' CITY COUNCIL EXHIBIT DEPARTMENT, DF ENGR, SERVICES DECEMBER 5, 2008 APPLICATION FOR SEWER LINE REIMBURSEMENT We, The Nueces County Emergency Services District No. 1, owner and developer of Lot 3, Share 3, C.C. Hart Partition, a subdivision, hereby request reimbursement of $10,275.00 for the installation of the 8" sanitary sewer collection main in conjunction with said subdivision as provided for by City Ordinance No. 17396. $ 24,949.65 is the construction cost, including ~ Engineering, in excess of the lot/acreage fee, as shown by the cost of supporting documents attached herewith and $10,275.00 is the maximum amount reimbursable pursuant to ordinance. Nueces County Emergency Services District No. 1, Developer THE STATE OFTEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on (Name)'-~¥-~_~: ,~. ,,,x ]L.-":'~:~': N~ ~ublic, StateofTexas I I=~ .:~..~..& ' ,ommission Expires Il ~:~,~a;¢.',',' Aprl 12, 2005 CERTIFICATION (Title) of Nueces County Emergency Services District No. 1. Notary Public in and fo;~Phe State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) (b) sufficiency of funds in the Collection Linc Trust Fund, and appropriation and approval by the City Council. Director of Engineering Services (City Engineer) (Date) 01071 -Application for Sewer Line Reimburesment APPLICATION FOR SEWER LINE CREDIT We, The Nueces Count'/EmerRency Service District No. 1, owner and developer of Lot 3, Share 3, C.C. Hart Partition~ a subdivision, hereby apply for $2,568.75 credit towards the sanitary sewer acreage fee for the sanitary sewer collection line extension installed in conjunction with said subdivision as provided for by City Ordinance No. 17396. $27,518.40 is the construction cost, including ~ Engineering, as shown by the cost of supporting documents attached herewith. ~ Nucces County Emergency Services District No. 1, Developer By: ~ Date: q/t~F'/fl'X THE STATE OFTEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on _(Name~-~q: ~_\o. -¢- (Title) of Nueces County Emergency Services District No. 1. · ~' .......... PRISCILLA EDLIN ' =~.' ' = Notary Public, State of Texas ;: : = My Commission Expires Il ~,,,,,,,," April 12, 2005 Notary Public in and for The State of Texas CERTIFICATION The information submitted with this application has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) appropriation and approval by the City Council. Director of Engineering Services (City Engineer) (Date) Mr. Mark Simon, November 6, 2003, continued; With regard to the price paid for the offsite sanitary sewer, the project was so small in size and because utility contractors generally are tremendously busy, the developer took the only bid possible which was furnished by the above described sub-contractor. We were not able to obtain bids from any other bidders. The developer's choice was to pay a premium for the cost of off-site sanitary sewer construction or not to have the off-site sanitary sewer construction completed. Sincerely, Nixon M. Welsh, P.E. NMW:ngo Enclosures: Cc w/Encl: Application for Sewer Line Reimbursement Application for Sewer Line Credit City Council Exhibit "B" Mr. Clarence O. Upchurch, AIA Total Design Four 5700 S. Staples, Suite F-5 Corpus Christi, Texas 78413 Mr. Jeffery Attwood Nueces County Emergency Services District No. 1 16402 FM 624 Robstown, Texas 78380 Mr. Ernest R. Garza, CPA 10201 Leopard Street, Suite "B" Corpus Christi, Texas 78410 ~7,"29/2e~3 1~:28 3~1993~ - ' ................................................................ P~GE 02 CHANGE ORDER CONTRACTOR 1816 Saratoga Corpu~ Christi, Texma 78417 CNANOE ORDER NO. DATE.-. ARC}-IITE'_CT NO. CONTRACT DATE: CONTRACT CHANGE The Contract is changed as follows 05~0~/03 ~200 3 07/01702 · Install new 6" PVC on site sanitary sewer from building to new Bass & Welsh s~mitaw sewer on the sou~h east corner of the site - install per all app/lieable codes $12,04000 l~stall offslte sanilary sewer per Bass & Welsh drawings dates 12/31/02 $25,480.00 Brush removal to facilitate sewer inslailation $ ! TOTAL OF PP,-EVIOUS Exq~GUTED CItANOE ORDERS CONTRACT ,SUM TO BE ( INCi~F_,ASF. D ) [ DECI'-,EASED ) BY TH]~ SU FJY THIS CHANGE ORDER NEW CONTJkACT 8UiM INCLLrDINC~ THIS CH&'NOE ORDER oRJorN~jj COml~CT SUI~ $924,000.00 ($17,381.00) $39,020.00 $945,639.00 CONTRACT TIMI?, WILL BE ~"~"'=~ o,-,-, ), ~. nv'nnr' ~ t-' BY NEW DATE OF SUTgSTANTIAL COMPLETION ARCHJTSCT rom} D~sign Four, Inc. CONTRAC' Black l~rofl~er.~ Constraellon. lng. 0 DAYs OWNER NCESD~ l 0 i/31/(13 5700 s. S~pJes - F5 Corpus Christi, Texas 78413 BY/~/ /-/. DAli; ~./"" [). .... 1816 Saratoga Corpus Christ./, Texas 78417 11551 Leopard St. Corpus Chri~li. Texas 78410 FOX CONSTRUCTION, INC. P.O, 5o× 1179 PORILAh'F;, T[XAS 78374 (3&~) 643-7685 (~61) 24!-4056 Fax (361) 643,1545 ] T. eo~a~d~t~ at 200,00 ~{ .................... ..NO.TF~--AIi.o~,h lO- Da~s.-to.. ,,Scizad.ul~. Work ................................. Tw ntv -T~o Thousand Se~eD. ~un_dr~ Fi{%¥ aha NOLO00--- BASS 8( WELSH ENGINEERING P.O. BOX 6397 November 6, 2003 01071MS.LTR3 Mr. Mark Simon Special Services Coordinator Development Center 2406 Leopard Street, Suite 100 Corpus Christi, Texas 78408 Subject: Lot 3, Share 3, C.C. Hart Partition, Leopard Street at Hart Road, Corpus Christi, Nueces County, Texas Dear Mark: This letter is written to request reimbursement for offsite sanitary sewer construction associated with the subject lot by the City to the developer/owner, Nueces County Emergency Services District No. 1 (Annaville Volunteer Fire Department). The offsite sanitary sewer work was accomplished by J.J. Fox Construction, Inc., as subcontractor to Black Brothers Construction, Inc., the general contractor, who constructed the new fire station- The sub--contractor's bid to the general contractor was $22,750.00 as shown in the attached copy of their proposal. The general contractor then marked up the sub-contractor's figure and charged the owner the sum of $25,480.00 as shown in the change order, a copy of which is attached. The fee value of the property is calculated as follows: 2.673 acres x $961.00 = $2,568.75. The maximum amount reimbursable according to the platting ordinance is equal to the mathematical product of 50% of the average offsite pipe diameter x the fee value of the property or 50% x 8 x $2,568.75 = $10,275.00. The construction cost to the developer including 7.5% engineering, minus the fee value of the property, is $25,480.00 x 1.075 - $2,568.75 = $24,822.25. Since this figure exceeds the maximum amount reimbursable, I am hereby applying for reimbursement to the developer in the amount of $10,275.00. 1 am enclosing herewith originals of "Application for Sewer Line Reimbursement" and "Application for Sewer L'ne Cred't , both of which have been executed by the developer and acknowledged by a notary public. 1 am also enclosing herewith "City Council Exhibit B" which is an area map and location map showing the sanitary sewer construction for which the reimbursement is requested. The sanitary sewer work was completed in accordance with plans and specifications approved by the City. "As- built" construction plans have been furnished to the City. NOV 6 DEVELOPMENT S ERVIC~.~ SPECIAL SERVICES AN ORDINANCE APPROPRIATING $10,275.00 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY THE NUECES COUNTY EMERGENCY SERVICES DISTRICT NO. I'S REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 210 LINEAR FEET OF AN OFFSlTE 8-INCH PVC SEWER COLLECTION LINE TO DEVELOP C.C. HART PARTITION, LOT 3, SHARE 3; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,275.00 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay the Nueces County Emergency Services District No. 1 's reimbursement ~.request for the installation of 210 linear feet of an offsite 8-inch PVC sewer collection line to develop C.C. Hart Partition, Lot 3 Share 3. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at'two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: Joseph~Harney O Assistant City Attorney For City Attorney ,2004. 11 AGENDA MEMORANDUM January14,2003 AGENDA ITEM: Motion approving the Deferment Agreement between the City of Corpus Chdsti and Davis Net Lease No. 1, L.P., Developer of future Lot lA, Block 4, Nueces River Irrigation Park, in the amount of $7,527.68 cash for the future construction improvements including curbs, gutters and sidewalks along County Road 50, in accordance with the Platting Ordinance, as shown on Exhibit C, and declaring it an emergency; Motion approving the Deferment Agreement between the City of Corpus Christi and Davis Net Lease No. 1, L.P., Developer of future Lot lA, Block 4, Nueces River Irrigation Park, in the amount of $24,364.23 for the future improvement including construction of streets, curbs, gutters, sidewalks, storm water sewer and water lines along County Road 50, in accordance with the Platting Ordinance, as shown on Exhibit C, and declaring it an emergency. ISSUE: Davis Net Lease No. 1, L.P. Developer of future Lot lA, Block 4, Nueces River Irrigation Park Developer, has submitted Deferment Agreement documentation to defer public improvements including curb, gutter and sidewalks along County Road 50 in accordance with the Platting Ordinance, Section V-Required Improvements, Subsection A.3.b) (3). Davis Net Lease No. 1, L.P., Developer of future Lot lA, Block 4, Nueces River Irrigation Park has submitted Deferment Agreement documentation including an irrevocable "Letter of Credit" to defer street construction of County Road 50, in accordance with the Platting Ordinance Section V- Required improvements, Subsection A.3,b) (3). REQUIRED COUNCIL ACTION: Council authorization that will allow the City Manager to enter into a deferment agreement with Davis Net Lease No.1, L.P., CONDITION: Developer must post a cash bond or equally liquid negotiable secudty with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motions as presented. Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit A Exhibit B Exhibit C Background Information Deferment Agreement-S7,527.68 Deferment Agreement-S24,364.23 Preliminary Plat Section to be Constructed Cost Estimates AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and the platting of Nueces River Irrigation Park required the Developer to improve one half of the future 60-feet, back-of-curb to-back-of- curb County Road 50, including, street construction, curbs, gutters and sidewalks, Storm Sewer and water lines along the section where County Road 50 adjoins Lot lA, Block 4, Nueces River Irrigation Park development. Davis Net Lease No1, L.P. ("Developer") has submitted two (2) Deferment Agreements for approval by the City Council to defer public improvements along County Road 50. The first Deferment Agreement (Exhibit 2) in the amount of $7,527.68 will defer the construction of curb, gutter and sidewalks along County Road 50 until the City causes said improvements to be constructed as a portion of an overall plan. The Second Deferment Agreement (Exhibit 3) in the amount of $24,364.23 for which the Developer has submitted an irrevocable letter of credit defer the construction of one-half of the street construction required by platting Ordinance. The Developer has agreed to deposit cash, for the 110% of the estimated cost of constructing the required improvements, as shown on exhibit "C" and in compliance of the Platting Ordinance Section V- Required Improvements, Subsection A. 3.b) (1). Page 1 of 1 DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES } This Agreement is entered into between the City of Corpus Christi, Texas ("City"), and Davis Net Lease No. 1, L.P. ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Lot lA, Block 4, Nueces River Irrigation Park, which was approved by Planning Commission on January 14, 2004, a copy of the plat is attached and incorporated as Exhibit "A". WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5. of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, including construction of the curbs, gutters, and sidewalks, along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, as shown on Exhibit "B", before the final plat is endorsed by the City's Director of Engineering. WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before construction of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5. of the Platting Ordinance; and WHEREAS, the Developer has deposited cash in the amount of $7,527.68, which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "C", with the City of Corpus Christi; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements, or special covenants have been completed; and WHEREAS, the Developer is entering into this deferral agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; and WHEREAS, the City Attorney and Director of Finance have approved this transaction. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer the construction of the required improvements, including construction of the curbs, gutters, and sidewalks along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, as shown in Exhibit "B", until the City causes said improvements to be constructed as a portion of their overall plan. 2. The Developeragreestodeposit$7,527.68, cash, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit "C", which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. Page 1 of 4 ~-~ Deferment Agreement Lot lA, Block 4, Nueces River Irrigation Park 3. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for construction of the required improvements, including construction of the curbs, gutters and sidewalks along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, the monies will be released and returned to the Developer. 4. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 5. No party may assign this Agreement or any rights hereunder without the prior written approval of the other parties. 6. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 7. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 8. The Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Ownership interests form attached hereto. 9. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies has been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 2 of 4 Deferment Agreement Lot IA, Block 4, Nueces River Irdgation Park EXECUTED in triplicate this /~'~ day of _..g/~,/~c-7/~'~ ,2004. DAffV1S NET LEASE NO. 1, L.P. 2300 W. Pike Blvd., Ste 200 Weslaco, TX 78596 By: DAVIS EQUITY, INC., Its Sole General Partner By: _ Dale Davis, President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this ~'~ ~' day of ~--o..~t~r ~/ ,2004, by Dale Davis acting in his capacity as President of Davis Equity, Inc., the sole gen6ral partner of Davis Net Lease No. 1, L.P. a Texas Limited Partnership, on behalf of said pam~rship. I[i..;':.)~l~.l.l My Commission Expires l! /ff II Jonuo,¥ 26. 200, /I ?' Page 3 of 4 Deferment Agreement Lot IA, Block 4, Nueces River Imgation Park CITY OF CORPUS CHRISTI P.O. Box 9277 Corpus Christi, TX. 78469 Telephone: (512) 880-3500 Facsimile: (512) 880-3501 Attest: By: Armando Chapa By: City Secretary George K. Noe, City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2004, George K. Noe, City Manager, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Approved as to form: This __ By: R. Jay Reining City Attorney day of Notary Public, State of Texas ~, 2004 Page 4 of 4 Deferment Agreement Lot lA, Block 4, Nueces River Irrigation Park DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES } This Agreement is entered into between the City of Corpus Christi, Texas ("City"), and Davis Net Lease No. 1, L.P. ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Lot lA, Block 4, Nueces River Irrigation Park, which was approved by Planning Commission on January 14, 2004, a copy of the plat is attached and incorporated as Exhibit "A". WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5. of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, including construction of the street, curbs, gutters, sidewalks, storm water sewer and water lines along the extension of Country Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, as shown on Exhibit "B", before the final plat is endorsed by the City's Director of Engineering. Detailed construction drawings will be approved by the City's Departments of Development Services and Engineering prior to the start of construction. WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before construction of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5. of the Platting Ordinance; and WHEREAS, the Developer has deposited an irrevocable letter of credit in the amount of $24,364.23, which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "C", with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved of the form of the irrevocable letter of credit; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements, or special covenants have been completed; and WHEREAS, the Developer is entering into this deferral agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to allow the Developer to defer the construction of the required improvements, including construction of the street and fire hydrant along the extension of Deferment Agreement Lot IA, Block 4, Nueces River Irrigation Park Page 1 of 5 County Road 50 that adjoins Lot IA, Block 4, Nueces River Irrigation Park, as shown in Exhibit "B", for up to twelve months from the date of this agreement. 2. The Developer agrees to deposit $24,364.23, in the form of an irrevocable letter of credit issued by Texas State Bank, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit "C", which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. 3. The Developer agrees to construct the required improvements, including construction of the street and fire hydrant along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, in accordance with the City's engineering standards in effect at the time of construction. 4. Upon completion of the required improvements, including construction of the street and fire hydrant along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, by January 14, 2005, acceptance of the Project by the City Engineer and compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately deliver the irrevocable letter of credit held by the City to the Developer by mailing same by Certified Mail, return receipt requested to: Davis Net Lease No. 1, L.P. Attn: Dale Davis 2300 W. Pike Blvd., Ste 200 Weslaco, TX 78596 5. If the required improvements, including construction of the street and fire hydrant along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, have not been constructed within twelve (12) months of the date of this agreement, or if Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will exercise its rights under the irrevocable letter of credit and transfer the amount received to the appropriate fund and the City will then begin construction of the required improvements, including construction of the street and fire hydrant along County Road 50 that adjoins Lot lA, Block 4, Nueces River Irrigation Park, with any funds remaining after completion of construction being paid by the City to Developer. If City constructs the improvements, the Developer agrees to reimburse the City for any additional cost of the improvements, if the Security and interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills Developer. 6. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for construction of the required improvements, including construction of the street and fire hydrant along County Road 50 that Deferment Agreement Lot lA, Block 4, Nueces River Irrigation Park Page 2 of 5 adjoins Lot IA, Block 4, Nueces River Irrigation Park, the irrevocable letter of credit will be released and returned to the Developer. 7. If Developer defaults in any of its covenants or obligations under this deferral agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer 30 days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights under the irrevocable letter of credit and transfer any monies received to the appropriate fund to complete the deferred improvements. In the event there are any monies received by the City under the letter of credit remaining after the City has completed construction of the improvements, the excess monies shall be refunded to Developer, within sixty (60) days of the completion of construction and settlement of constmction contracts. 8. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 9. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant rtmning with the land. 10. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Agreement or any rights hereunder without the prior written approval of the other parties. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the disclosure of Ownership interests form attached hereto. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least Deferment Agreement Lot IA, Block 4, Nueces River Irrigation Park Page 3 of 5 two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. 'Y/~i'/ ~ffff(...~_ EXECUTED in triplicate this day o ? , 2004 IJA~v'IS NET LEASE NO. 1, L.P. 2300 W. Pike Blvd., Ste 200 Weslaco, TX 78596 By: DAVIS EQUIT~Y~INC., Its Sole General Partner By: Dale IJavis,-TPresident - THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~.tta/q I'~_._ ,2004, by Dale Davis, acting in his capacity as President of Davis Equity, Inc., thetsole General Partner of Davis Net Lease No. 1, L.P., a Texas Limited Partnership, and on behalf of said limited partnership. Notary Public, S~ate of Tex~s My Commission Expires January 26, 2008 Nota}y ~u'l~l{c~ Stalf~ o fffl'e: / Deferment Agreement Lot 1 A, Block 4, Nueces River Irrigation Park Page 4 of 5 CITY OF CORPUS CHRISTI P.O. Box 9277 Corpus Christi, TX. 78469 Telephone: (512) 880-3500 Facsimile: (512) 880-3501 Attest: By: By: City Secretary George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument ~vas acknowledged before me on , 2004, by George K. Noe, City Manager, for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Approved as to form: This __ R. Jay Reining Acting City Attorney By: R. Jay Reining Acting City Attorney day of Notary Public, State of Texas ,2004. Deferment Agreement Lot lA, Block 4, Nueces l>dver Imgation Park Page 5 of 5 m' wa N®X.M wynts Ilbx Undeveloped County I tot 16, Block I Nueces River Irrigation Park Vol. A, Pg. 54, Mop Records of Nueces County, Texas to ria. 0tm woe spam) Centerline of Undeveloped County Rood 50 - Barber Road Rood 50 -Barber Rood S84'53'16'E 400.00' ,30' Ode street lkdkotion S64'SY16'E 370.00' 53748'WE Lot M 2831 Acres n XMa OD M 34.69 Acres out o1 n Lot 1, Block 4 w d Nueces River Irrigation Pork L Vol. A, Pg. 54, Mop in Records of Nueces County, Texas FOR lane,: cc on.,. Fn,Qenee, tro m .a„ N„n) o Onc.1 No M025M6, anieq) Z � R ,vs a Nacres County, t,., tot 16, Block I Nueces River Irrigation Park Vol. A, Pg. 54, Mop Records of Nueces County, Texas to ria. 0tm woe spam) Centerline of Undeveloped County Rood 50 - Barber Road Rood 50 -Barber Rood S84'53'16'E 400.00' ,30' Ode street lkdkotion S64'SY16'E 370.00' 53748'WE Lot M 2831 Acres gas t nese rr a IXM as a w 1. Se e. •s XA� .Homo PX4 . wy a aXa� � nmsa m vm. � I'.w M YT X.rd a we T� Ne a..s. w a NM YEq Orale! F DM P4I X9 4 EOW. F Om.rA Xe. A4104II4 MY[ 11mY. a Mo WA. T®. N84'52'07"W 400.00' XMa OD {p��/�r—� F,3(HIBI XAX E� M��. T/b.T��Mf1IYeI1�t. FOR Nueces River Irrigation Park 3 ... ��...,...F�..s . .,M ti...W, ae AbbreNefior it) 4 ram ' w Xa M lni� `l pyo XYb m r a Fb-n'1we En E Fsl &L 1My FwrO 9M9 J M MYM gas t nese rr a IXM as a w 1. Se e. •s XA� .Homo PX4 . wy a aXa� � nmsa m vm. � I'.w M YT X.rd a we T� Ne a..s. w a NM YEq Orale! F DM P4I X9 4 EOW. F Om.rA Xe. A4104II4 MY[ 11mY. a Mo WA. T®. N84'52'07"W 400.00' w{!{J� {p��/�r—� F,3(HIBI XAX PRF.I H1"ARY PLAT FOR Nueces River Irrigation Park Lots 1A and 1B, Block 4 .,M ti...W, ae AbbreNefior Corpus Christ; Toes 4 ram ' w Xa M lni� pyo XYb f r a Fb-n'1we �ENOMeRA 4 E Fsl &L 1My FwrO 9M9 y M MYM 0.e15 F ApYN PmI�H W. YWn. M M. ]Y]SiLY-0U I I I t I I I I I Hrwc_eaH II �® sIYH W. H LI tl i 'm(e�a ¢muHR �! fG/.Y.�6 uO1bG mwnFO N Ra n.ibi 4�Ot ooenr B1°O1�rwYII mn:i-sian10r..�iw.row.m roan. HMn. ro ani . m"olw10C:` �i+a am. a m�'0wnmO10:. vre..H N MSUW.0 VICC10. 1aY nC� M �-.a I.d 9OR Lwi H Lad i M61HCid. Tvor•� ecCTIOH TO BE CONSTRUCTED s. Y•. re® P r TYPIGL fi0' IEOff-0f_•`WAY I SEtIIOM ui' Trf o'm r p QT morrt zroiG mwcd wo+D .Hcta mmr `w°'i i��mc m�o•i. �i ��` o card aro..H °0 .o�o.H.id Hie mr`a+`iucim.�•d ac..a H.0 H Tfpr IL SECTION FOR = ESTI1uTE cs xn smmm Engineer: MFH By: AGR ESTIMATE FOR HALF SECTION OF COUNTY ROAD 50 NUI:CES RIVER IRRIGATION PARK LOT lA, BLOCK 4 Job No. 39352,A3.00 Date: 119104 I~--EM DESCRIPTION .~ OUAN.., UNIT .UN!T__ _ . - ....... - ....... PRICE C--~UNTY ROAD 60 (ESTIMATE FOR 112 SECTION) I ............... ' '"p~'~'~l~ ~PRovEMENTS TO ~VE LE~R-~RED~T FOR: 1-'-] ~'y E~'~a~o~ ....... ~ -~,~'?~-]' '~y -- $2.40 ~--h-~c',~-~ i~...l~_~'~-~x~ ~ ~:'~- ~- ~;;"E~me St~-Su~rade 9~ SY $4.50 ___T0_TA_L COST $4,98000 $6,930.00 $4,455.00 · -- -' - PA~IhG SUB-TOTAL $22,664.40 _. i~.[ " ~,OD 7.5% EI~(~FN-E~ '~,~99.~,37 '" :L_ Y-; ...'1 "~ ~ TOTAL (LET~ER~F C~D~): $24 3~.23 ] . _~ ....... L. · ~ --- J~;-PAV[~G IMPROVEMENTS TO hAVE DEVELOPER PROVIDE CASH IN LIEU OF CONSTRUCTION: .......... ~ .... 331 j LF ........ ~8.00 $2,64~.00: --~--~'4" ~ncrete Si~'lk ........................ ]' -J PAVING ~0~AL:' ~ ~65~- PER ORDINANCE REQUIREMENT ADD 10%: ..... ~,5~ PAVING SUB-TOTAL ADD 7.5% ENGINEERING: TOTAL (CASH); $7,002.49 .. ,$,525_,1.9_ Urban1 Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 EXHIBIT "C" 12 CITY COUNCIL AGENDA MEMORANDUM January 14,2004 AGENDA ITEM: Motion approving the SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement submitted by Yorktown Oso Joint Venture, for the construction and installation of approximately 8,000 linear feet of 18 to 27-inch gravity sanitary sewer, about 2,500 linear feet of 8-inch force main, a lift station and appurtenances, located in the south side of Corpus Christi, mainly along the Airline Road street right-of-way. Ordinance approving the encumbrance of $2,108,755.00 in the Sanitary Sewer Trunk System Trust Fund to pay Yorktown Oso Joint Venture, for the construction and installation of approximately 8,000 linear feet of 18 to 27-inch gravity sanitary sewer, about 2,500 linear feet of 8-inch force main, a lift station and appurtenances, located in the south side of Corpus Christi, mainly along the Airline Road street right-of-way; and declaring an emergency. ISSUE: Yorktown Oso Joint Venture, will start the construction and installation of approximately 8,000 linear feet of 18 to 27-inch gravity sanitary sewer, about 2,500 linear feet of 8-inch force main, a lift station and appurtenances, once the City Council approves the submitted SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement and funds to pay for said construction and installation are encumbered form the Sanitary Sewer Trunk System Trust Fund. REQUIRED COUNCIL ACTION: City would encumber $2,108,755.00 of the Sanitary Sewer Trunk System Trust Fund for the purpose of implementing the project. IMPLEMENTATION SCHEDULE: City Council approves the submitted SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented on an emergency basis. Margie C. Rose, Assistant City Manager Acting Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Location Map Exhibit D - Cost Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Yorktown Oso Joint Venture has requested an agreement with the City of Corpus Christi to administer the construction of a sanitary sewer trunk main, a lift station, and force main all in compliance with the current Sanitary Sewer Master Plan for the area. Yorktown Oso Joint Venture request a contract for reimbursement for these improvements, as provided for by The City Platting Ordinance 025424, at a total contract price to be determined by competitive bidding, not to exceed $2,108,755.00. Many of the assumptions taken for design are based on the lastest version of The Master Sanitary Sewer Plan for the southern portion of Corpus Christi, Texas adopted by Ordinance No. 17743, revised on July 27, 1983. The proposed project would be located in the south side of Corpus Christi, starting at the Vineyards Lift Station and extending south along the Airline Road street right-of-way (ROW) to Rodd Field Road. There it would turn south along the Rodd Field Road street ROW crossing Yorktown Boulevard before the gravity portion ends 2,000-feet past the Yorktown Blvd. ROW. At that point a force main would continue for an additional 2,500- feet to a lift station. The project would involve the construction and installation of approximately 8,000 L.F. of 18-27-inch gravity sanitary sewer, about 2,500 L.F. of 8-inch force main, a lift station, and appurtenances. It would extend sanitary sewer service for an area of over 1,000 acres and at a cost of about $2,108,755.00 and be designed by Urban Engineering and constructed by a private contractor. The SPA 30 Sanitary Sewer Gravity Trunk Main Extension, Lift Station and Force Main Reimbursement Agreement is presently under review by the City of Corpus Christi Legal Department, and therefore no work is to commence until the agreement is approved and signed by all respective parties. Design of the trunk main, lift station, and force main will adhere to all City of Corpus Christi Standards and Specifications. EXHIBIT A AN ORDINANCE APPROPRIATING $2,108,755.00 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY YORKTOWN OSO JOINT VENTURE FOR THE INSTALLATION OF APPROXIMATELY 8,000-LINEAR FEET OF 18 TO 27 INCH GRAVITY SANITARY SEWER LINE, APPROXIMATELY 2,500 LINEAR FEET OF 8-INCH FORCE MAIN LINE, A LIFT STATION AND APPURTENANCES AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT, LOCATED IN THE SOUTHSlDE OF CORPUS CHRISTI PRIMARILY ALONG THE AIRLINE ROAD RIGHT-OF- WAY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,108,755.00 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Yorktown Oso Joint Venture's reimbursement request for the installation of 8,000 linear feet of 18 to 27 inch Gravity Sanitary Sewer line, approximately 2,500 linear feet of 8-inch force main line, a Lift Station and appurtenances located in the Southside of Corpus Christi primarily along the Airline Road right-of-way, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor f APPROVED -.._jf~__ / ~ , 2004. By: j o sep~H a rn ey~'~---'c~~ Assistant City Attorney For City Attorney CORPUS CHRISTI BAY N~ LIFT STATIOI~ 10000 5000 0 GRAPH~ SCALE IN FEET 10000 EXHIBIT C FIGURE 1 SPA 30 SANITARY SEWER GRAVITY TRUNK MAIN EXTENTION LOCATION MAP CORPUS CHRISTI, TEXAS SHEEr 1 OF 13�'TM�C COST SUMMARY The probable construction costs for the project are broken down as follows: UNIT DESCRIPTION A. WASTEWATER IMPROVEMENTS 1. Connect to Vineyards LS Stub-Out 2. 27" C-905 PVC Gravity Line (15'-19' Cut) 3. 24" C-905 PVC Gravity Line (13'-15' Cut) 4. 21" C-905 PVC Gravity Line (10'-13' Cut) 5. 18" C-905 PVC Gravity Line (9'-10' Cut) 6. Lift Station 7. 8" SDR 21 PVC Force Main 8. Well Pointing/Dewatering 9. Pollution Prevention items 10. OSHA Trench Protection QTY. UNIT PRICE AMOUNT 1 LS $1,500 $1,500.00 3550 LF $180 $639,000.00 1500 LF $170 $255,000.00 1300 LF $160 $208,000.00 2000 LF $140 $280,000.00 1 LS $110,000 $110,000.00 2500 LF $16 $40,000.00 6350 LF $30 $190,500.00 1 LS $5,000 $5,000.00 1 LS $5,000 $5,000.00 CONSTRUCTION TOTAL $1,734,000.00 B. ENGINEERING 1. Engineering Basic Services and Administration 2. Geotechnical Report 3. Land Acquisition/Force Main Easement 4. Surveying and Easement Recording 7.5% SUB-TOTAL ITEMS 3 Acres @ $15,000 / Acre 1 LS $6,O0O SUB-TOTAL ITEMS Contingency @ 10% GRAND TOTAL $130,050.00 $2,000.00 $1,866,050.00 $45,000.00 $6,000.00 $1,917,050.00 $191.705.00 $2,108,755.00 ES-2 EXHIBIT D DRAFT SANITARY SEWER GRAVITY TRUNK MAIN, SANITARY SEWER TRUNK FORCE MAIN, AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Yorktown Oso Joint Venture ("Developer"), a Texas limited partnership, of 5337 Yorktown, Corpus Christi, Texas 78414. WHEREAS, Developer plans develop land located south of Yorktown Boulevard and east of the future Rodd Field Road extension, as shown on Exhibit 1, which is attached to and incorporated into this Agreement; and WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station in order for future development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station; and WHEREAS, it is essential that a portion of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the South Area of Corpus Christi; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station needed for the development in compliance with the Agmt-Trust-YorkOso Page 1 of 5 City's Platting Ordinance and under the plans and specifications approved by City Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, as shown in Exhibit 2, with the following basic design: LIFT STATION: (1) Lift station structure designed for ultimate capacity. (2) The 8-inch force main will begin at the lift station and end and tie into the 18 inch sanitary sewer gravity trunk main that parallels the Rodd FieLd Road extension, at a location approximately 2,000 feet south of Yorktown Boulevard, as shown on Exhibit 3. The size of the force main will be dictated by design. SANITARY SEWER GRAVITY TRUNK MAIN (1) Install 3550 feet of 27 inch, 1500 feet of 24 inch, 1300 feet of 21 inch, and 2000 feet of 18 inch sanitary sewer Trunk Main. (2) Install manhole's along the Trunk Main. (3) The Sanitary Sewer Gravity Trunk Main will begin at a location adjacent to the proposed Rodd Field Road extension approximately 2,000 feet south of Yorktown Boulevard and end and tie into at Vineyards Lift Station. The location of the manholes will be dictated by design plans. SANITARY SEWER TRUNK FORCE MAIN (1) Install 2,500 feet of 8 inch sanitary sewer Trunk Main. (2) The force main will begin at the new lift station to be constructed adjacent to the Rodd Field Road extension approximately feet south of Yorktown Boulevard and end and tie into the 18 inch sanitary sewer gravity trunk main that parallels the Rodd Field Road extension, at a location approximately 2,000 feet south of Yorktown Boulevard, as shown on Exhibit 4, which is attached to and incorporated into this Agreement. b. The plans and specifications for the Lift Station must comply 30 TAC Chapter 317. c. The plans and specifications for the Sanitary Sewer Gravity Trunk Main and Sanitary Sewer Trunk Fome Main must comply 30 TAC Chapters 290 and 317. Agmt-Trust-YorkOso Page 2 of 5 d. Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS a. Prior to construction of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, Developer shall will acquire and dedicate to the City the site for the new Lift Station and the necessary utility easements for the Sanitary Sewer Gravity Trunk Main and Sanitary Sewer Trunk Force Main, including a 15 feet wide utility easement along Airline Road from the Vineyards lift station to intersection with Rodd Field Road, a 20 feet wide utility easement along Rodd Field Road from the Airline Road intersection to Yorktown Boulevard, a 20 feet wide utility easement along the proposed Rodd Field Road extension from Yorktown Boulevard to the site of the new Lift Station, a 25 feet wide construction easement adjoining and parallel to the utility easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS a. Developer shall award a Developer's Construction Contract and complete the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station, in accordance with the approved plans and specifications, by September, 2004. b. In awarding the Developer's Construction Contract, the Developer must comply with Parts A and B of this Agreement and the Notice to Contractors - A - insurance Requirements, which are attached to and incorporated into this Agreement. c. In addition to meeting any requirements of the Developer, the Developer's Contractor must agree to the terms of this Agreement, Parts A and B of this Agreement, and the Notice to Contractor - A - Insurance Requirements. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station. b. City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed as specified in Part A of this Agreement. Reimbursement of eligible costs will be made within 15 days from the date of invoice. c. To be eligible for reimbursement, the work must have been completed, the Developer and Developer's Contract must have complied with all of the applicable requirements in Part A, Part B, and the Notice to Contractor - A - insurance Requirements, and the work must have been inspected and accepted by the City. Agrnt-Trust-YorkOso Page 3 of 5 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees") from all suits, actions, or claims and from afl liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Gravity Trunk Main, Sanitary Sewer Trunk Force Main, and Lift Station Construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit 5. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Margie C. Rose Assistant City Manager APPROVED: day of ,2004 By: R. Jay Reining First Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager, City of Corpus Christi, Texas, a Texas home- rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Agmt-Trust-YorkOso Page 4 of 5 DEVELOPER: By: NAME TITLE Yorktown Oso Joint Venture THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by as , Yorktown Oso Joint Venture, a Texas limited partnership, on behalf of the partnership. Notary Public, State of Texas Agmt-Trust-YorkOso Page 5 of 5 13 AGENDA MEMORANDUM DATE: January 13, 2004 SUBJECT: Revised Speed Limit- Ayers Street (BS 286A) south of S.H. 358 AGENDA ITEM: Amending the code of ordinances Section 53-254, Schedule V, increase of state speed limit in certain zones, by revising the speed limits on the following street section: · On Ayers Street, (BS 286a): revising the existing speed limits to the following: o 35 mph from Port Avenue to a point at 0.516 miles (sta 219+04.3) south of SH 358 or south of Gibbs Street, o 45 mph from a point 0.516 miles (sta 219+04.3) south of SH 358 or south of Gibbs street to a point 0.962 miles south to (sta 269+84.36) or south of Allencrest Street, o 50 mph from a point at sta 269+84.36 or south of Allencrest street to a point 1.201 miles south to sta 333+23 at the south city limit providing for penalties; providing for severance; and providing for publication. ISSUE: Speed limit revisions are necessary to reflect changes in abutting land use and adjoining street network. The speed study found that the posted speed limit needed to be upgraded to reflect the current conditions as determined by the Texas Department of Transportation. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ' iD~reg~l R. Escobar, P.E., ~ / / ctor of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Location Map BACKGROUND INFORMATION SUBJECT: Revised Speed Limit - Ayers Street (BS 286A) south of SH 358 BACKGROUND: The Texas Department of Transportation (TxDOT) completed a traffic engineering investigation to review the existing speed limit on Ayers Street (BS 286A) south of S.H. 358 or South Padre Island Drive. Ayers Street is a main arterial paralleling the future extension of the Crosstown Expressway south toward Saratoga Blvd. As a result of the traffic study findings a revision to the limits of the existing speed limit was indicated. Ayers Street (B.S. 286A): The proposed speed zone consists of revising the speed limit south of S.H. 358 or South Padre Island Drive by extending the limits or distances of the corresponding speed zones from 35, 40 and 50 mph to longer distances within the City limits. The higher speed of 55 mph as a result now begins south of the city limit. The Transportation Advisory Committee did not review these TxDOT recommendations due to the need to expedite the installation of the speed limit revisions. The City's Traffic Engineering Office concurs with TxDOT's recommended speed limit revisions. H:\H O M E~LYN DAS\G E N/Tr affi c~,yers Speed Zone~AGENDA BACKGROUND doc EXHIBIT "A" Page 1 of 1 File : \Mproject\councilexhFbits\exh l 1150.dwg ~-. ~ ~/ ~ ~, / ~ LOCAT.~-N MAP ,_,,,,,.,,4/,., ,...,, Cr. TY PROJECT No. 11150 / -~"~'~s-'~'~ , EXHZ r_T B C~_TY COUNC~_L EXH.~B.[T ~ EXISTING AYERS STREET SPEED LIMIT DEPARTMENT OF ENGINEERING SERVICES BS 286A PAGE: 1 of 2 CITY OF CORPUS CHRISTI, TEXAS DATE: 01-07-2004 ~ File : N 45 MPH MPH CITY PROJECT No. 11150 ~ LOOATION MAP NOT TOSCALE liB. PROPOSED AYERS STREET SPEED LIMIT BS 286A CI~ OF CORPUS CHRIST, TE~S CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 01-07-2004 ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY REVISING THE SPEED LIMITS ON THE FOLLOWING STREET SECTION: On Ayers Street, (BS 286A): revising the existing speed limits to the following: 35 mph from Port Avenue to a point at 0.516 miles (STA 219+04.3) south of SH 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219+04.3) south of SH 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269+84.36) or south of Allencrest Street. 50 mph from a point at STA 269+84.36 or south of Allencrest Street to a point 1.201 miles south to STA 333+23 at the south City limit. PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limits on the following street section: On Ayers Street, (BS 286A): revising the existing speed limits to the following: 35 mph from Port Avenue to a point at 0.516 miles (STA 219+04.3) south of SH 358 or south of Gibbs Street. 45 mph from a point 0.516 miles (STA 219+04.3) south of SH 358 or south of Gibbs Street to a point 0.962 miles south to (STA 269+84.36) or south of Allencrest Street. 50 mph from a point at STA 269+84.36 or south of Allencrest Street to a point 1.201 miles south to STA 333+23 at the south City limit. CHAPTER 53 TRAFFIC ARTICLE VIII, SCHEDULES Sec. 53-254. Schedule V, increase of state speed limit in certain zones. Ayers Street (S.H. 286): , ,yin a p ...... ~,r- ........... · ............................... x .......... ) linc 40 mph Alt times From Nodon Street to Po~ Avenue~35 mph~AII times From ~o~ Avenue to a point at 0.5~ miles (Sta 2~ ~+04.3) south of SH 358 or south of Gibbs Stroot~3fi mph~AII timos From a point 0.5~ milos {Sta 2~0+04.3) south of SH 358 or south of Gibbs Stroet to a point 0.0~2 milos south to Sta 2~0+84.3~ or south of Allencrest Street--45 mph--AII times From a point at Sta 269+84.36 or south of Allencrest Street to a point 1.201 miles south to Sta 333+23 at the south City limit--50 mph-- All times SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 1/13/04 AGENDA ITEM: Motion recommending an Ordinance amending the City Co~le of Ordinances Chapter 9, Aviation, to change the landing fee for nonscheduled commercial aircraft and the definition of commercial aircraft; providing for severance; providing an effective date; and providing for publication; and declaring an emergency. ISSUE: This Ordinance was adopted approximately 16 years ago and needs to be updated in two areas. The Ordinance does not differentiate between a large commercial aircraft, such as a 737, and a crop duster or a Cessna. I do not believe that it was ever the intent to charge landing fees to general aviation aircraft used for commercial purposes. The inspection (meeting and interviewing all landing small fixed-wing and rotorcraft to determine if the landing was for commercial purposes) and record keeping would probably require additional staff. To our knowledge this provision has never been enforced. Additionally, the leases we have negotiated with our current carriers set the Non-Signatory landing fees equal to 125% of the Signatory landing fee. In this Ordinance, the Non-Signatory landing fee states it will be 150% of the Signatory Landing Fee. We are proposing to align the Ordinance to coincide with our airline lease agreement rates. Amending this Ordinance will eliminate the requirement for small aircraft to pay landing fees which could negatively impact the F.B.O.'s in the future, and lower the required percentage for non-scheduled carriers which could positively impact future charter flights. Cargo aircraft over 12,500 pounds would still be charged the non-signatory landing fee. Based cargo aircraft operating under a Signatory lease and use agreement would pay signatory landing fees. REQUIRED COUNCIL ACTION: Approval of Ordinance as recommended. PREVIOUS COUNCIL ACTION: August 18, 1987 - Ordinance No. 19930 defining the Landing fees for Commercial Aircraft was adopted by the Corpus Christi Code of Ordinances, section 9-54. FUNDING: This change will not impact our current budget. CONCLUSION AND RECOMMENDATION: On January 7, 2004, the Airport Board recommended approval of the Ordinance as presented. Department Head Signature AN ORDINANCE AMENDING THE CiTY CODE OF ORDINANCES CHAPTER 9, AVIATION, SECTION 9-54, TO CHANGE THE LANDING FEE AND THE DEFINITION OF COMMERCIAL AIRCRAFT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Chapter 9, Aviation, Section 9-54 is amended as follows: "Section 9-54. Landing fees for commercial aircraft. For purposes of this section "commercial aircraft" shall mean any aircraft, scheduled or unscheduled, with a gross certificated landing weight greater than 12,500 lbs. ';:h!ch that uses the airport for commercial purposes. "Operator" shall mean the person, company, or other entity which owns or is legally responsible for the conduct of the commercial activity for which owns or is legally responsible for the conduct of the commercial activity for which the aircraft is utilized. No commercial aircraft shall use the airport for the purpose of carrying passengers, freight, or mail for hire unless monthly reports and fees are timely filed and paid to the airport as provided by this section. Monthly reports on landings shall be filed by the fixed base operator servicing the aircraft with the office of the director of aviation on such forms as provided by the department of aviation. The operator of each commercial aircraft shall pay landing fees equal to: (1) A landing fee established by contract between the operator and the airport; or (2) A landing fee for nonscheduled commercial aircraft equal to one hundred twenty-five ~;~",..., (I 50) (125) per cent of the highest landing fee effective for scheduled commercial aircraft operating pursuant to a contract with the airport. Landing fees may ...... be waived by the director of aviation upon evidence that a flowage fee for fuel purchased at the airport for the commercial aircraft exceeds the landing fees assessed against said aircraft." H:~LEG-DIR\SHAP~ED~BURKE-2003 \ORDINANCES\ORDINANCE AMENDING SEC 9-54.DOC SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication of this ordinance 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, Texas. H:~LEC~DIR~SHAREDkBURKE-2003\ORDINA3ICES\ORDINANCE AMENDING SEC 9-54.DOC 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9, 2003 AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a five year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range; providing for termination upon 30 days notice by either party; and providing for publication. ISSUE: Tejas Bowmen Archery Club is requesting a five-year lease renewal for the purpose of operating an archery range. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Tejas Bowmen Archery Club. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the five-year lease to Tejas Bowmen Archery Club for the use of approximately 40 acres of City property along Allison Drive, a substantial copy of which is attached as Exhibit "A". David Ondrias, Acting Director Park and Recreation Department Attachments: Backgroundlnformation Map Lease Ordinance BACKGROUNDINFORMATION The Tejas Bowmen Archery Club has had an almost thirty year association with the City of Corpus Christi through the lease of City property along Allison Drive. The Tejas Bowmen Archery Club is a non-profit organization that has been in existence since 1938. Their activities are centered on promoting archery as a sport for the family. Their shooters range from toddlers to senior citizens. The archery range provides a fixed target range with "bulls eye" targets and a "wilderness trail" with game decoys. The Tejas Bowmen Archery Club hosts monthly archery tournaments in different venues that are open to the public. They have been a part of the Buccaneer Days celebration for over thirty years, and they co-host an annual state recognized event. Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH TEJAS BOWMEN ARCHERY CLUB TO CONSTRUCT, MAINTAIN, AND OPERATE AN ARCHERY RANGE; PROVIDING FOR TERMINATION UPON 30 DAYS NOTICE BY EITHER PARTY; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a five year lease with Tejas Bowmen Archery Club to construct, maintain, and operate an archery range. A copy of the lease is attached as Exhibit A and a copy of the lease shall be filed with the City Secretary. SECTION 2. The lease begins on the 61st day after final City Council approval of this ordinance and will have a term of five (5) years. SECTION 3. 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. I:\LEG-DIR\DoyleD1Curtis~/IYDOCS~003\LEASE.ORD\Tejas. Bowmen. Lease. 111403DC.Ord.doc 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 20, 2004) Case No.: 1103-01~ John J. Nelson: A change of zoning from an "R-lB" One-family Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F' (Facade) Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 22, located south of Clifford Street and 100 feet west of Santa Fe Street. Planning Commission and Staff's Recommendation (12/03/03): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District with a "HC-F" (Facade) Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for existing residence. Summary: On August 28, 2003, the Landmark C orannssion h eld a public h earing on Jo hn Nelson's request, t o designate the single-family structure at 3 l 1 Clifford Street with the overlay designation "H-C-F" (Facade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "H-C" F (Faqade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark comnUssion within the 30-day period the property owner may proceed with the modification plans without Landmark Cormmssion approval. In the event the property o~vner is not in agreement with the Landmark ConUmssion's exterior building modification action during the 30-day period, the Landmark comrmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Comnmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Facade) overlay designation would require a 60-day review period from the demolition permit request date. if no action is taken by the Landmark Commission during the initial 60-day period the property o~w~er may proceed with the demolition. In the event the property owner and the Landmark comrmssion are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60- day review period to continue dialogae with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 311 Cliflbrd Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 ½ story brick structure with three north facing bays and three front facing gables. The structure is built on a pier and beam foundation with a brick skirt wall. Wood double hung windows are along the exterior wall system. The front porch opening consist of brick arched columns with a recessed single entry door. Applicant's Position: The applicant concurs with Planning CornnUssion and StafI's recommendation. Notification: Of the thirty-four notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. The 20% rule is not in effect. T~,~ case is considered noncontroversial. Michael N. Gunmng, AICP Assistant Director of Development Services/ Planning Section Agenda Memorandum Case No. 1103-01 (John J. Nelson) Page 2 MG/FGM/er Attachments: 1 ) Zoning Report 2) Comments Received 3) Planning ConUmssion Minutes 4) Ordinance H:~PLN DIR\ERMA\WORD~AGENDMEM~2003\1103-01AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 1103-01HC Planning Commission Hearing Date: November 5, 2003 December 3, 2003 Owner/Applicant: John J. Nelson · Agent: Glenn R. Peterson ~- '~ Address: 311 Clifford Street From: "R-lB" One-family Dwelling District To: "R-lB" One-family Dwelling District w/ "HC-F" (FaCade) Historical Cultural Overlay Area: 0.14 acres (6,250 square feet) Purpose of Request: Obtain historical designation for existing residence. Zoning Land Use Site "R-lB" Single-family Dwelling North "R-lB" Single-family Dwelling South "R-lB" Single-family Dwelling East "R-lB" Single-family Dwelling West "R-lB" Single-family Dwelling Landmark Commission and Staff's Summary: On August 28, 2003, the Landmark Commission held a public hearing on John Nelson's request, to designate the single- family structure at 311 Clifford Street with the overlay designation "H-C-F" (Fagade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One- family Dwelling District while being further protected as historically significant. Zoning Report Case No. 1103-01 (John Nelson) Page 2 The "H-C" F (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with t he modification plans without Landmark Commission approval. In t he e vent t he property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (FaCade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 311 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 ½ story brick structure with three north facing bays and three front facing gables. The structure is built on a pier and beam foundation with a brick skirt wall. Wood double hung windows are along the exterior wall system. The front porch opening consist of brick arched columns with a recessed single entry door. Area Development Plan: Southeast ADP Zoning Violations: None Street Type Clifford Street Local Paved Section Volume 50' ROW w/28'Bk to Bk Not Avail. Zoning Report Case No. 1103-01 (John Nelson) Page 3 The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designating the subject property with an "H-C"- F (Fagade) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval. Approval. Attachments: Zoning map H :hOLN-DIR\EKMA\WO RD\ZONRP TS~2003 \C 1 ] 03-01 HCCCREPORT DOC 10-23-03/AS Ownership Map CASE ZI 103-01 Subject Property owners within 200 feet listed on attached ownership list NORTH 200 100 0 Feel COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1103-01 John J. Nelson · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) II. Notices returned from within the 200-foot notification area: Favor: 0) Mr. and Mrs. Benning, 326 Cole St. No written comment. 25) Cynthia Alvarado-Morales, 310 Clifford "We feel that the homes on Clifford Street should be a part of the Historical and Cultural Landmark program in Corpus Christi. We strongly feel that we are caretakers of our home. We support preserving the heritage of Corpus Christi and we have future intentions of petitioning the City of Corpus Christi to consider a change in zoning for our property to become a "R-lB" with a "HC-I"." Opposition: None. 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 5PLN-DIR\ERM A\WORD\COM M DATA\1103-01COMMENTS.DOC Planning Commission Minutes December 3, 2003 .RAFT 1103-01 - John J. Nelson REQUEST: "R-lB" One-family Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Facade) - Historical Cultural Overlay on property located south of Clifford Street and 100 feet west of Santa Fe Street. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. The "HC-F" (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Comnnssion review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark commission's exterior building modification action during the 30-day period, the Landmark Comnnssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the properly owner cannot be resolved after the 90-day period, the Landmark cornnUssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "HC-F" (Faqade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark cornnUssion during the initial 60- day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Conmmssion may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Salazar, to forward a recommendation to approve the rezoning case. Motion passed with Stone, Mims, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOHN J. NELSON BY CHANGING THE ZONING MAP IN REFERENCE TO DEL MAR SUBDIVISION, BLOCK 17, LOT 22 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH A "HC-F" (FA(j:ADE); 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 John J. Nelson 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, December 3, 2003, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 22, Block 17, Del Mar Subdivision, located south of Clifford Street and 100 feet west of Santa Fe Street, from "R-1 B" One-family Dwelling District to "R-1B" One-family Dwelling District with a "HC-F" (Facade). (Map J15B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIRUOSEPH~ZONING\I 103-01 REGULAR. DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon 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 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~'J ~'-~0 JosepH' Harney Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\1103-01REGULAR,DOC 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 20, 2004) Case No.: 1103-02~ Glenn R. Peterson: A change of zoning from an "R-lB" One-family Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F' (Facade) Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 16, located south of Clifford Street and 400 feet west of Santa Fe Street. Planning Commission and Staff's Recommendation {12/03/03): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District with a "HC-F' (Facade) Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for existing residence. Summary: On August 28, 2003, the Landmark comrmssion held a public hearing on Glenn Peterson's request, to designate the single-family structure at 333 Clifford Street with the overlay designation "H-C-F" (Faqade) Historical Cultural Landmark. The subject property would retain its existing "R-1B" One-family Dwelling District while being further protected as historically significant. The "H-C" F (Faqade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Comnnssion review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark cornnnssion's exterior building modification action during the 30-day period, the Landmark commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Faqade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Comrmssinn are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 333 Clifford Street is ;vithin the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 ½ story brick structure with a cross gable roof. A corbelled exterior brick chinmey faces north that is flanked on each side by casements with diamond light grill windows. The entry consists ofnn arched single entry door and an open porch with brick columns faces northeast. The structure is built on a pier and beam foundation with a brick skirt wall. Applicant's Position: The applicant concurs with Planning Connxdssion and Staff's recon:m~endation. Notification: Of the thirty notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Michael N. Gmnnng,~ Assistant Director of Development Services/ Planning Section Agenda Memorandum Case No. 1103-02 (Glenn R. Peterson) Page 2 MGFFGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning Comrmssion Minutes 4) Ordinance H :~PLN-DIR\EKM A\WORD~AGEN DM EM~2003\1103-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: Cl103-02HC Planning Commission Hearing Date: November 5, 2003 2nd December 3, 2003 Owner/Applicant: Glenn R. Peterson Address: 333 Clifford Street From: "R- 1B" One-family Dwelling District To: "R-lB" One-family Dwelling District w/ "HC-F" (Fagade) Historical Cultural Overlay Area: 0.14 acres (6,250 square feet) Purpose of Request: Obtain historical designation for existing residence. Zoning Land Use Site "R- lB" Single-family Dwelling North "R-lB" Single-family Dwelling South "R-lB" Single-family Dwelling East "R-lB" Single-family Dwelling West "R-lB" Single-family Dwelling Landmark Commission and Staff's Summary: On August 28, 2003, the Landmark Commission held a public hearing on Glenn Peterson's request, to designate the single- family structure at 333 Clifford Street with the overlay designation "H-C-F" (FaCade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One- family Dwelling District while being further protected as historically significant. Zoning Reporl Case No. 1103-02 (Glenn R. Peterson) Page 2 The "H-C" F (FaCade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with t he modification plans without Landmark Commission approval. In t he e vent t he property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Facade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 333 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 V2 story brick structure with a cross gable roof. A corbelled exterior brick chimney faces north that is flanked on each side by casements with diamond light grill windows. The entry consists of an arched single entry door and an open porch with brick columns faces northeast. The structure is built on a pier and beam foundation with a brick skirt wall. Area Development Plan: Southeast ADP Zoning Violations: None Street Type Clifford Street Local Paved Section Volume 50' ROW w/28'Bk to Bk Not Avail. Zoning Report Case No. 1103-02 (Glenn R. Peterson) Page 3 The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designating the subject property with an "H-C"- F (Facade) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval. Attachments: Zoning map H :\p LN -DIR\EPdVlA\WO RD\ZON RP TS~2003\C I 103-02HCCCREOIRT DOC 10-23-03/AS Ownership Map CASE Z1103-02 Subject Property owners within 200 feet listed on attached ownership list NORTH 200 100 0 Feel COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1103-02 Glenn R. Peterson · -FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I1. III. Notices returned from within the 200-foot notification area: Favor: 6) Mr. and Mrs. Benning, 326 Cole St. No written comment. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIR\ERMA\WORD\COMM DATA\I I03-02COMMENTS.DOC Planning comnnssion Minutes December 3, 2003 1103-02 - GlexmR. Peterson REQUEST: "R-1B" to "R-1B" with a "HC-F" on property located south of Clifford Street and 400 feet west of Santa Fe Street. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. On August 28, 2003, the Landmark comnnssion held a public hearing on Glenn Peterson's request, to designate the single-family structure at 333 Clifford Street with the overlay designation "HC-F" (Facade) Historical Cullural Landmark. The subject property would retain its existing "R-1B" One-family Dwelling District while being further protected as historically significant. The "HC-F" (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark comnnssion's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90- day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "HC-F" (Facade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Comn~ssinn during the initial 60- day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an addifional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter, seconded by Amsler, to forward a recommendation for approval. Motion passed with Stone, Minas, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GLENN R. PETERSON BY CHANGING THE ZONING MAP IN REFERENCE TO DEL MAR SUBDIVISION, BLOCK 17, LOT 16 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH A "HC-F" (FA(j;ADE); 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 Glenn R. Peterson 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, December 3, 2003, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 16, Block 17, Del Mar Subdivision, located south of Clifford Street and 400 feet west of Santa Fe Street, from "R-1B" One-family Dwelling District to "R~I B" One-family Dwelling District with a "HC-F" (Fa(;ade). (Map J15B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR~JOSEPH~ONING\1103-02REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon 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 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph ~arney Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\1103-02REGULAR.DOC 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 20, 2004) Case No.: 1103-03~ Glenn R. Peterson: A change of zoning from an "R-lB" One-family Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F" (Facade) Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 23, Lot 1, located on the northwest comer of Clifford and Lawnview Streets. Planning Commission and Staff's Recommendation {12/03/03): Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District with a "HC-F" (Fagade) Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for existing residence. Summary: On August 28, 2003, the Landmark Commission held a public hearing on Glenn Peterson's request, to designate the single-family structure at 402 Clifford Street with the overlay designation "H-C-F" (Faq:ade) Historical Cultural Landmark. The subject property would retain its exishng "R-lB" One-family Dwelling District while being further protected as historically significant. The "H-C" F (Fagade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications ~vould require Landmark comnUssion review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark comrmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark commission and the properly owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Faqade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Conamssion during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark comrmssion are not in agreement after the 60-day period, the Landmark ConUmssion may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 402 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built b y a builder named Clifford, during t he 1 920's a nd 1 930's. T he subject property i s a Mediterranean style I V2 story stucco structure. An exterior chimney is also finished in stucco and designed with three arches along the top and an inset tile scene along the lower portion of the chimney. The structure has a ceramic tile roof and a shed roof porch with brick flooring. An entry door faces south while a secondary entry is on the east side of the structure. Applicant's Position: The applicant concurs with Planning Connmssion and StaWs recommendation. Notification: Of the thirty-three notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Planning Section Agenda Memorandum Case No. 1103-03 (Glenn R. Peterson) Page 2 MG/FGM/er Attachments: ! ) Zoning Report 2) Planning Connmssion Minutes 3) Ordinance It:~P LN-D IR~ERMAXWO RD~AGEN DM EM~003Xl 103-03AGENDAMEMO.DOC CTTY COUNCI'L ZONZNG REPORT Case No.: Cl103-03HC Planning Commission Hearing Date: November 5, 2003 2~° December 3, 2003 Owner/Applicant: Glenn R. Peterson Address: 402 Clifford Street From: "R-lB" One-family Dwelling District To: "R-lB" One-family Dwelling District w/ "HC-F" (Facade) Historical Cultural Overlay Area: 0.14 acres (6,250 square feet) Purpose of Request: Obtain historical designation for existing residence. Zoning Land Use Site "R-lB" Single- family Dwelting i North "R- 1B" Single-family Dwelling South "R- lB" Single-family Dwelling East "R-lB" Single-family Dwelling West "R-lB" Single- family Dwelling Landmark Commission and Staff's Summary: On August 28, 2003, the Landmark Commission held a public hearing on Glenn Peterson's request, to designate the single- family structure at 402 Clifford Street with the overlay designation "H-C-F" (Facade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One- family Dwelling District while being further protected as historically significant. Zoning Repo~ Case No. Cl103-03HC (Glenn R. Peterson) Page 2 The "H-C" F (FaCade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with t he modification plans without Landmark Commission approval. In t he e vent t he property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (FaCade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Comanission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 402 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Mediterranean style 1 V2 story stucco structure. An exterior chimney is also finished in stucco and designed with three arches along the top and an inset tile scene along the lower portion of the chimney. The structure has a ceramic tile roof and a shed roof porch with brick flooring. An entry door faces south while a secondary entry is on the east side of the structure. Area Development Plan: Southeast ADP Zoning Violations: None Street Paved Section Volume 50' ROW w/28'Bk to Bk Not Avail. Type Local Local Clifford Street Lawnview Street 50'ROW w/28' Bk to Bk Not Avail. Zoning Repo~ Case No. Cl103-03HC (Glenn R. Peterson) Page 3 The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designating the subject property with an "H-C"- F (Facade) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval. © ~ ~ Approval. Attachments: Zoning map H:\p LN-DIR\ERM A\WO RD~ZON RP TS~2003 \C I 103-03 HCCCREPORT.DOC ~ ~ ~ RRACE UNI~ 2 15 4 _ 16 3 14 2~ 17 1 10-23-03/AS CASE Z1103-03 ~.~,~,~ '~ B-I ,eighborhoodBussinessDistrict NORTH ~ R-lB One family Dweling District. 2~ 1~ oFeel Planning ComnUssion Minutes December 3, 2003 1103-03 - Glenn R. Peterson REQUEST: DRAFT "R-lB" to "R-lB" with a "HC-F" on property located on the northwest comer of Clifford and Lawnview Streets Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. On August 28, 2003, the Landmark cormmssion held a public hearing on Glenn Peterson's request, to designate the single-family structure at 402 Clifford Street with the overlay designation "HC-F" (Faq:ade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "HC-F' (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark comrmssion review and action within 30 days of the building penmt request date. If no action is taken by the Landmark comrmssion within the 30-day period the propet~:y owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark comnnssion's exterior building modification action during the 30-day period, the Landmark ComnUssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark cormmssion and the property owner cannot be resolved after the 90- day period, the Landmark comrmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "HC-F" (Facade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 402 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Mediterranean style 1 ½ story stucco structure. An exterior chimney is also finished in stucco and designed with three arches along the top and an inset tile scene along the lower portion of the chimney. The structure has a ceramic tile roof and a shed roof porch with brick flooring. An entry door faces south while a secondary entry is on the east side of the structure. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Richter, to forward a recommendation for approval. Motion passed with Stone, Mims, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GLENN R. PETERSON BY CHANGING THE ZONING MAP IN REFERENCE TO DEL MAR SUBDIVISION, BLOCK 23 , LOT 1 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH A "HC-F" (FA(~ADE); 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 Glenn R. Peterson 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, December 3, 2003, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 1 Block 23, Del Mar Subdivision, located on the northwest corner of Clifford and Lawnview Streets, from "R-1 B" One-family Dwelling District to "R-1B" One-family Dwelling District with a "HC-F" (Facade). (Map J15B) 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 parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIRUOSEPH~.ONING\1103-03REGULAR.DOC 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 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 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~,/~, Joseph I-~rney (~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\I103-03REGULAR.DOC 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 20, 2004) Case No.: 1103-04~ Glenn R. Peterson: A change of zoning from an "A-i' Apartment House District to an "A-i" Apartment House District with a "HC-F" (Faqade) Historical-Cultural Landmark Preservation on Bayfront Terrace Subdivision, Block 4, Lot 5, located west of Ocean Drive and 225 feet south of Ayers Street. PlanninR Commission and Staff's Recommendation (12/03/03): Approval. Requested Council Action: Approval of the"A-l" Apartment House District with a"HC-F" (FaCade) Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for existing residence. Summary: On August 28, 2003, the Landmark Comnnssion held a public hearing on Glenn Peterson's request, to designate the apartmem complex at 1511-1513 Ocean Drive with the overlay designation "H-C-F" (Facade) Historical Cultural Landmark. The subject property would retain its existing "A-I" Apartment House District while being further protected as historically significant. The "H-C" F (Fagade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Comrmssion review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Colurmssion and the property owner cannot be resolved after the 90-day period, the Landmark comrmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Faqade) overlay designation ~vould require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Connmssion during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 1511-1513 Ocean Drive is within the Bayfront Terrance Subdivision that was platted in 1917. The subject property built in the 1930's is an Art Deco style 2-story stucco apartment structure. Curve linear balconies adorn the south entry of the structure. The front faCade has three large stylized fluted columns with Art Deco stucco capitals. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the fourteen notices mailed to the surrounding property owners, one (1) was returned in favor and two (2) in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Planning Section Agenda Memorandum Case No. 1103-04 (Glenn R. Peterson) Page 2 MG/FGM/er Attachments: 1) Zoning Repo~ 2) Comments Received 3) Planning Commission Minutes 4) Ordinance H :\p LN-DIR\ERMA\WORD~AGENDM EML2003\ 1103-04AGENDAMEMO DOC CTTY COUNCTL ZONI'NG REPORT Case No.: Cll03-04HC Planning Commission Hearing Date: November 5, 2003 2nd December 3, 2003 Owner/Applicant: Glenn R. Peterson Address: 1511-1513 Ocean Drive From: "A-1" Apartment House District To: "A-I" Apartment House District w/"HC-F" (FaCade) Historical Cultural Overlay Area: 0.20 acres (8,979.06 square feet) Purpose of Request: Obtain historical designation for existing apartment complex. Zoning Land Use Site "A- 1" Apartments North "A-I" Single-family Dwelling, Office & Hospital South "A-I" Apartments East "R- 1B" City Park West "R-lB" Multi-family and Single-family dwellings Zoning Repo~ Case No. C1103-04HC (Glenn R. Peterson) Page 2 Landmark Commission and Staff's Summary: On August 28, 2003, the Landmark Commission held a public heahng on Glenn Peterson's request, to designate the apartment complex at 1511-1513 Ocean Drive with the overlay designation "H-C-F" (FaCade) Historical Cultural Landmark. The subject property would retain its existing "A- l'' Apartment House District while being further protected as historically significant. The "H-C" F (Faqade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with t he modification plans without Landmark Commission approval. In t he e vent t he property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Facade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property o~vner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 1511-1513 Ocean Drive is within the Bayfront Terrance Subdivision that was platted in 1917. The subject property built in the 1930's is an Art Deco style 2-story stucco apartment structure. Curve linear balconies adorn the south entry of the structure. The front facade has three large stylized fluted columns with Art Deco stucco capitals. Zoning Report Case No. CI t03-04HC (Glenn R. Peterson) Page 3 Area Development Plan: Southeast ADP Zoning Violations: None Street Type Paved Section Volume Ocean Drive Arterial 100' ROW w/66'Bk to Bk 34,340 av The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designating the subject property with an "H-C"- F (Fagade) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval. Approval. Attachments: Zoning map H :\p LN -DIR\ERM A\WO P~D~ZON RPTS~2003\C 1103-04HCCCREPORT DOC B-2/SP B-2 A B A-2 ~UBJECT PARCEL DUNN MATT TRACT 1 10-23-03/AS Ownership Map CASE Zl 1 O3-O4 Subject Properly owners within 200 feet listed on attached ownership list NORTH 200 100 0 Feet COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1103-04 Glenn R. Peterson · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) 1I. III. Notices returned from within the 200-foot notification area: Favor: 7) Martine Balme, 1730 FM 2444 No written comment. Opposition: 4) Favian R. Wininger, 1734 Second St. See attached letter. 16-18) Anna Moore, 409 Del Mar Blvd. See attached letter. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIR~ERMA~WORD\COMM DATA\I I03-04COMMENTS.DOC Hov 05 03 09:25a Hal George (36 692-0802 HAL GEORGE Attor~y ~ law Suite 315 ValueBank Tower 3649 Leopard Corpus Christi, Texas 78408 (361) 692-0800 (361) 692-0802 (Fax) November 4, 2003 VIA FACSIMILE: 826-3006 Department of Development Services P.O. Box 9277 Corpus Christi, Texas 784-69-9277 Case No. 1103-04 Block 4, Lot 5, Bayfxont Terrace Subdivision Glenn R. Peterson A-I to HC-1 Dear Sir/Madam: I represent Anna Moore and Favian Winninger who are property owners within 200 feet of the above proposed rezoning. Ms. Moore owns 3 lots within the area and Mr. Winninger owns 2 lots. My clients are opposed to this rezoning request and would ask the Planning Commission to deny the request. This request does not meet the purpose of Historical- Cultural Landmark Preservation because it does not: stabilize and improve property values, does not strengthen the economy, will not protect and enhance the City's attraction to residents, tourists and visitors nor will it serve as support and a stimulus to business and industry. Further, it will not enhance the visual and aesthetic character, diversity and interest of the City; will not foster civic pride in the beauty and notable accomplishments of the past; and will not promote the use and preservation of historic sites. The proposed property does not meet the zoning classification of HC-I, which is a public structure open to the public. This property is a private apartment complex not open to the general public. Further, the required sign on the property has not been displayed for the requisite period of time. Thank you for your consideration of this request to deny this application. ~ov 05 03 09:25a Hal George (36~652-0B0~ Sincerely, Hal George Planning Comrmssion Minutes December 3, 2003 1103-04 - Glenn R. Peterson REQUEST: "A-i' to "A-I" with a "HC-F" on property located west of Ocean Drive and 225 feet south of Ayers Street Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. On August 28, 2003, the Landmark Commission held a public heating on Glenn Peterson's request, to designate the aparm;ent complex at 1511-1513 Ocean Drive with the overlay designation "HC-F" (Fagade) Historical Cultural Landmark. The subject property would retain its existing "A-I" Apartment House District while being further protected as historically significant. The "HC-F" (FaCade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark ComnUssion review and action within 30 days of the building permit request date. If no action is taken by the Landmark Comnussion within the 30-day period the property owner may proceed with the modification plans without Landmark Comrmssion approval. In the event the property owner is not in agreement with the Landmark ConUmssion's exterior building modification action during the 30-day period, the Landmark comrmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Comm/ssion and the property owner cannot be resolved after the 90- day period, the Landmark Comrmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "HC-F' (Fagade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark comrmssion during the imtial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition peimit to demolish the property if preservation of the structure is still undesirable. The property at 1511-1513 Ocean Drive is within the Bayfront Terrance Subdivision that was platted in 1917. The subject property built in the 1930's is an Art Deco style 2-story stucco apartment structure. Curve linear balconies adorn the south entry of the structure. The f~ont faqade has three large stylized fluted colunms with Art Deco stucco capitals. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Smith, seconded by Salazar, to forward a recommendation for approval. Motion passed with Stone, Mires, and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GLENN R. PETERSON BY CHANGING THE ZONING MAP IN REFERENCE TO BAYFRONT TERRACE SUBDIVISION, BLOCK 4, LOT 5 FROM "A-I" APARTMENT HOUSE DISTRICT TO "A-I" APARTMENT HOUSE DISTRICT WITH A "HC-F" (FA(j:ADE); 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 Glenn R. Peterson 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, November 5, 2003 and December 3, 2003, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 5, Block 4, Bayfront Terrace Subdivision, located west of Ocean Drive and 225 feet south of Ayers Street, from "A-I" Apartment House District to "A-I" Apartment House District with a "HC-F" (Facade). (Map J15B) 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 parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~JOSEPH~ZONING\1103-04REGULAR.DOC 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 (~) 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 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ )~-~-~ Joseph I~arney ~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\1103-04REGULAR,DOC 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 20, 2004) Case No.: 1103-07~ Glenn R. Peterson: A change of zoning from an "R-lB" One-family Dwelling District to an "R-lB" One-family Dwelling District with a "HC-F' (Faqade) Historical-Cultural Landmark Preservation on Del Mar Subdivision, Block 17, Lot 15, located on the south side of Clifford Street and 360 feet from Santa Fe Street. Plannin~ Commission and Staff's Recommendation (12/03/03}: Approval. Requested Council Action: Approval of the "R-lB" One-family Dwelling District with a "HC-F' (Facade) Historical-Cultural Landmark Preservation and adoption of the attached ordinance. Purpose of Request: To obtain historical designation for existing residence. Summary: On August 28, 2003, the Landmark Commission held a public hearing on Glenn Peterson's request, to designate the single-family structure at 337 Clifford Street with the overlay designation "H-C-F" (Fagade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "H-C" F (Fagade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Conm~ission review and action within 30 days of the building permit request date. If no acfion is taken by the Landmark Commission within the 30-day period the properly owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark ConUmssion may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Connnission and the property owner cannot be resolved after the 90-day period, the Landmark comrmssion must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "H-C" F (Fagade) overlay designation ~vould require a 60-day review period from the demolifion permit request date. If no action is taken by the Landmark cornrmssinn during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark comrmssion may impose an additional 60- day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 337 Clifford Street is ~vithin the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 ½ story brick structure with three north facing bays with one bay being a porch flanked by lanterns. Front gables are fmished with stucco and slate infill. The structure is built on a pier and beam foundation with a brick skirt wall. Wood double hung windows are along the exterior wall system and the front entry is a single wood door. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the twenty-eight notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. The 20% rule is not in effect. This case is considered noncontroversial. Assistant Director of Development Services/ Planning Section Agenda Memorandum Case No, 1103-07 (Glenn R. Peterson) Page 2 MG/FGM/er Attachments: 1) 2) 3) 4) Zoning Report Comments Received Planning cormmssion Minutes Ordinance H:~PLN.D IR~ERMA\WORD~AGEN DMEM~2003\I 103-07AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 1103-07HC Planning Commission Hearing Date: November 19, 2003 Owner/Applicant: Glenn Peterson Agent: Glenn R. Peterson Property Address/Area: 337 Clifford Street From: "R-lB" One-family Dwelling District To: "R-lB" One-family Dwelling District w/ "HC-F" (Facade) Historical Cultural Overlay Area: 0.14 acres (6,250 square feet) Purpose of Request: Obtain historical designation for existing residence. Zoning Land Use Site "R- lB" Single-family Dwelling North "R-lB" Single-family Dwelling South "R-lB" Single-family Dwelling East "R-lB" Single-family Dwelling West "R-lB" Single-family Dwelling Landmark Commission and Staff's Summary: On August 28, 2003, the Landmark Commission held a public hearing on Glenn Peterson's request, to designate the single- family structure at 337 Clifford Street with the overlay designation "H-C-F" (FaCade) Historical Cultural Landmark. The subject property would retain its existing "R-1B" One- family Dwelling District while being further protected as historically significant. Zoning Report Case No. 1103-07 (Glenn Peterson) Page 2 -- The "H-C" F (Fagade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with t he modification plans without Landmark Commission approval. In t he e vent t he property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a "H-C" F (Fagade) overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The property at 337 Clifford Street is within the Del Mar Subdivision that was platted in 1925. Houses built on Clifford Street were built by a builder named Clifford, during the 1920's and 1930's. The subject property is a Tudor Revival style 1 V2 story brick structure with three north facing bays with one bay being a porch flanked by lanterns. Front gables are finished with stucco and slate infill. The structure is built on a pier and beam foundation with a brick skirt wall. Wood double hung windows are along the exterior wall system and the front entry is a single wood door. Area Development Plan: Southeast ADP Zoning Violations: None Street Clifford Street Type Local Paved Section 50' ROW w/28'Bk to Bk Volume Not Avail. Zoning Report Case No. 1103-07 (Glenn Peterson) Page 3 The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designating the subject property with a "H-C'- F (FaCade) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval. Approval. Attachments: Zoning map H 5p LN -DIR\ERM A\WO RD~ZONKPTS~2003 \C 1103~07HCCCREPORT DOC 17 ~.?~. ~ Caso Z~ ~ 03-07 11-03-03/AS Ownership Map ~ -'~ ~ ~ [~.~ ~; ~ Subject Prope.y NORTH COMMENTS RECEiVED FROM NOTICES MAILED Case No. 1103-07 Glenn R. Peterson · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) II. III. Notices returned from within the 200-foot notification area: Favor: 8) Anne Benning, 326 Cole St. No written cormnent. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:\PLN-DIR\ERMA\WORD\COMMDATA\I 103-07COMM ENTS.DOC Planning comrmssion Minutes November 19, 2003 DRAFT Glenn R. Peterson: 1103-07 REQUEST: "R-lB" One-family Dwelling District to "R-lB" One-family Dwelling District w/ "HC-F" (Facade) Historical Cultural Overlay on property located on the south side of Clifford Street and 360 feet from Santa Fe Street. Ms. Goode-Macon presented a computerized slide illustration of the subject property and the surrounding area. She stated on August 28, 2003, the Landmark Comnnssion held a public hearing on Glenn Peterson's request, to designate the single-family structure at 337 Clifford Street with the overlay designation "HC-F' (Fagade) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "HC-F" (Facade) overlay designation is a classification for private buildings not open to the public. Exterior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Conumssion within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the proper~y owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved a~er the 90- day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for a ~'HC-F" (FaCade) overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Comrmssion during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Connmssi°n are not in agreement after the 60-day period, the Landmark Comnnssion may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the proper~y owner may obtain a demolition permit to demolish the property if preservation of the stxucture is still undesirable. Public hearing opened. Jolm Nelson, 311 Clifford, represented the applicant. Public hearing closed. Motion by Richter, seconded by Amsler, to forward a recommendation for approval. Motion passed with Pusley and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GLENN R. PETERSON BY CHANGING THE ZONING MAP IN REFERENCE TO DEL MAR SUBDIVISION, BLOCK '17, LOT 15, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH A "HC-F" (FACADE); 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 Glenn R. Peterson 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, November 19, 2003, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lot 15 Block 17, Del Mar Subdivision, located on the south side of Clifford Street and 360 feet from Santa Fe Street, from "R-1B" One- family Dwelling District to "R-lB" One-family Dwelling District with a "HC-F" (Fa(;ade). (Map J 15B) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEGiDIR~JOSEPH~ZONING\1103-07REG~ILAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon 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 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~'~0 Josepl~ey{l ~ Assistant City Attorney For City Attorney /~/ 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG.DiR~JOSEPH~ONING\1103-07REGULAR.DOC 21 AGENDA MEMORANDUM January 8,2004 AGENDA ITEM: Public hearing to consider amending the 1983 Master Sanitary Sewer Plan for Southem Portion of Corpus Christi to extend a 24-inch Gravity Trunk Main along a 2,000 linear feet segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of channel 31 as described on attached Exhibit 3. Ordinance approving amendment to the 1983 Master Sanitary Sewer Plan for the Southem Portion of Corpus Christi to extend a 24-inch Gravity Trunk Main along a 2,000 linear feet segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of Channel 31 as describe on attached Exhibit 3. ISSUE: The construction of King's Point Unit 4 Subdivision by Mostaghasi Investment Trust, requires the Developer to remove a portion of the existing 12-inch (non conforming to current Master Plan) Sanitary Sewer main and replace it with a new 24-inch Gravity Trunk Main designed to provide service to King's Point Unit 4 and future development along this section of Cimarron Boulevard. The replacement from a 12-inch to a 24-inch Gravity Trunk Main requires an amendment to the Master Sanitary Sewer Plan. Mostaghasi Investment Trust, developer of King's Point Unit 4 Subdivision, will start construction of 1,238 linear feet of the 24-inch Gravity Sanitary Sewer Trunk Main once the City Council approves the amendment to the Master Sanitary Sewer Plan and submitted Sanitary Sewer Construction and Reimbursement Agreement. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Margie C~ Rose Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A. Exhibit 1 Exhibit 2 Exhibit 3 Background Information Vicinity Map Present Master Sanitary Sewer Plan Amended Master Sanitary Sewer Plan AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Master Sanitary Sewer Plan for Southern Portion of Corpus Christi, Texas adopted by Ordinance No. 17743 (July 27, 1983) depicts a Lift Station on the north side of Yorktown at its intersection with Ciman'on Boulevard. From which lift station, a 14-inch force main would extend northward about 2,000 linear feet along Cimarron Boulevard to a 24-inch gravity sewer. (Exhibit 2) Not conforming to the plan, the lift station at said intersection was constructed on the south side of Yorktown Road with a 12-inch force main extending under Yorktown Road and continuing about 2,000 linear feet along Cimarron Boulevard to a manhole on an existing 24-inch gravity trunk near Channel 31. Presently the Lift Station is running at full capacity and can not receive additional demand. The developer of King's Point Unit 4 has proposed the construction of a 24 inch Gravity Trunk Main fro the existing manhole located just south of Channel 31 upstream (southward) up to Queen Jane Street of the proposed King's Point Unit 4 Subdivision. The design of the 24 inch Gravity Trunk main will facilitate the construction of King's Point Unit 4 and other future development along this section of Cimarron Boulevard. PROPOSED ACTION: Approval of Ordinance amending the 1983 Master Sanitary Sewer Plan for the southern portion of Corpus Christi to extend a 24-inch Sanitary Sewer Gravity Trunk Main along a 2,000 linear feet segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of Channel 31. IExhibit A Page 1 of 1 Page 1 of 3 AN ORDINANCE AMENDING THE 1983 MASTER SANITARY SEWER PLAN FOR THE SOUTHERN PORTION OF CORPUS CHRISTI TO EXTEND A 24-INCH GRAVITY TRUNK MAIN ALONG A 2,000 LINEAR FOOT SEGMENT OF CIMARRON BOULEVARD FROM ITS INTERSECTION WITH YORKTOWN BOULEVARD NORTHERLY TO THE EXISTING MANHOLE SOUTH OF CHANNEL 31 AS DESCRIBED ON THE ATTACHED EXHIBIT; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment to the Master Sanitary Sewer Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 14, 2004, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 1983 Master Sanitary Sewer Plan for the Southern Portion of the City of Corpus Christi, Texas, is amended, to extend a 24-inch Gravity Trunk Main along a 2,000 linear foot segment of Cimarron Boulevard from its intersection with Yorktown Boulevard northerly to the existing manhole south of Channel 31, by incorporating the attached Exhibit into the Master Sanitary Sewer Plan. SECTION 2. That the Master Sanitary Sewer Plan is an element of the Comprehensive Plan and the Comprehensive Plan is amended to conform to the Master Sanitary Sewer Plan, as amended by this ordinance. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. 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 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at H:\LEG-DIR~JOSEPH\ORD-SANSEWRPLN.DOC Page 2 of 3 two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED .~-~ /~/ ,2004 Joseph Harney L~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG.DIR~IOSEPH\ORD-SANSEWRPLN.DOC "S CIMARRON BLVD. "~ PROP ~ / , 24" 0.1% (SUBaECT)~ EXHIBIT 1 VICINITY MAP PROPOSED REVISION OF MASTER SANITARY SEWER PLAN BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXEI-SS-VIC-MAP JOB NO. 02089 SCALE: 1" z 600' PLOT SCALE: SAME PLOT DATE: 1/5/04 SHEET 1 OF 1 22 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The 1983 Sanitary Sewer Master Plan cells for a lift station to be Ioceted along the extension of Wooldridge Road with a 2.0 MGD cepacity and a 10" force main delivering flows the existing lift station #1047 at Greenfields by the Bay (See Exhibit C). This lift station currently pumps via an eight inch force main to a 15" gravity line located in Wooldridge Road that flows to the Wooldridge Road lift station #2. The lift station #1047 (Greenfields by the Bay) currently has two Flygt 20 Hp pumps rate at 660 GPM @ 69'TDH These pumps were installed in 1998 and are in good condition. However, the Master Plan celled for this lift stations to ultimately pump 3.8 MGD via a 14" force main to the Oso Treatment Plant. The Sanitary Sewer Master Plan revision of 1974 called for a lift station (#11 ) to be Ioceted on the extension of Wooldridge Road at the same Iocetion as the 1983 revision. However, its force main route was to a lift station #10 to be Ioceted at the Rodd Field Road and Wooldridge Road intersection and then to the Wooldridge Road lift station #2 through Stage 2 (see Exhibit D). Lift station #10 was deleted in the 1983 revision and, instead, the Greenfields by the Bay lift station #1047 was upsized. The lift station is designed to serve approximately 400 acres of proposed mixed commercial and residential development. The lift station is sited as per the 1983 revision of the Sanitary Sewer Master Plan. It is approximately 9,500 feet east of the Wooldridge Road lift station. Hogan Development Company is proposing to construct the Master Plan lift station, per the 1983 revision and provide the force main routing, per the Stage 2, 1974 Master Plan (see Exhibit E). This approach best serves both the current needs for development and the future needs of the City and its plans for the Wooldridge Road lift station #2. Reimbursement provisions for installation of lift stations and trunk force mains from Sanitary Sewer Trunk System Trust Funds were established by Ordinance flO25424, April 19, 2003. Planning Commission approved amendment to 1983 Sanitary Sewer Master Plan. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Page 1 of I AGENDA MEMORANDUM January 13, 2004 AGENDAITEM: Public hearing to consider amending the Sanitary Sewer Master Plan Revision 1983 for southern portion of Corpus Christi for the installation of 10,000 linear feet of a 10 inch force main, a lift station and appurtenances as described on Exhibit E; and Ordinance approving the amendment to the Sanitary Sewer Master Plan Revision 1983 for southem portion of Corpus Christi for the installation of 10,000 linear feet of a 10 inch force main, a lift station and appurtenances as described on Exhibit E and declaring an emergency. ISSUE: Hogan Development Company is proposing to construct the Master Plan lift station, per the Sanitary Sewer Master Plan 1983 revision and provide the force main routing, per the Stage 2, 1974 Master Plan (see Exhibit E). The lift station is designed to serve approximately 400 acres of proposed mixed commercial and residential development. This approach best serves both the current needs for development and the future needs of the City and its plans for the Wooldridge Road lift station #2. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Ordinance Request Location Map - Sanitary Sewer Master Plan Revision 1983 Location Map - Sanitary Sewer Master Plan Revision 1974 Proposed Master Plan Combinaiton of 1974 & 1983 Plans Page 1 of 3 AN ORDINANCE AMENDING THE 1983 MASTER SANITARY SEWER PLAN FOR THE SOUTHERN PORTION OF CORPUS CHRISTI FOR INSTALLATION OF A 10,000 FOOT, 10-INCH FORCE MAIN AND LIFT STATION FOR SERVICE AREAS EAST OF RODD FIELD ROAD AND SOUTH OF HOLLY ROAD, AS DESCRIBED ON THE ATTACHED EXHIBIT; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment to the Master Sanitary Sewer Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 14, 2004, during a meeting of the Planning Commission, and on Tuesday, January 20, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 1983 Master Sanitary Sewer Plan for the Southern Portion of the City of Corpus Christi, Texas, is amended, for installation of a 10,000-foot, 10-inch force main and lift station for service areas east of Rodd Field Road and south of Holly Road, by incorporating the attached Exhibit into the Master Sanitary Sewer Plan. SECTION 2. That the Master Sanitary Sewer Plan is an element of the Comprehensive Plan and the Comprehensive Plan is amended to conform to the Master Sanitary Sewer Plan, as amended by this ordinance. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. 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 5. That upon written request of the Mayor or five Council members, copy attached, the City Counc# (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 20th day of January, 2004. H:\LEG-DIR~JOSEPH\ORD-SANSEWRPLN2.DOC Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED.~ ~, ~ / P , 2004 Joseph H r~'ney Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH\ORD-SANSEWRPLN2.DOC 777 1 ' � u�nninoirPDnnnl 1'�+ FI Bao SEs `' ori` e s F` ;E ROAD i PROPOSED NEW _ v LIFT STATION - '" I of c > GREENFIELDS THE AY �i LIFT STATION ��� I 1 p CIN CORPUS CHRISTI N PRELIMINARARY ENGINEER REPO �f cll: tqa SANITARY SEWER MASTER PLAN REVISION 1983 EXHIBIT C E I 16CAc� "� ��. z Z 3 //LN, «• ! 60 Act/ ��\I I611 • / I Gil _ PROPOSER NE WI } I �— - - LIFT STATION oez J�j 32 AC. I C. 10_ 1 e' s, E E s c i �6AG �. ua. eo No�� zCm Ao_ A ♦ /.so_,z �� Cao soz ] . ssoc °, eE' /; — WOOLD IDGE R( IIS �ETJF'�6-6 e9 Ac 41 �„ s E z L��I F 83 AC 6 s \. es Ac B3 Ac r ' JJJI 14 -I -I �i1 —E .. - �1L f �I J� 63 / ✓i� �i�J �L�3 , - I ifi AG 1 I18AG Y \.�A� CITY OF CORPUS CHRISTI -(' mw J L�� PRELIMINARY ENGINEER REPORT 65A "- I '�-� SANITARY SEWER MASTER PLAN REVISION 0 1974 uRBA e s EXHIBIT C-GIUECRING1 vAl [. �B�} 5 _2Y W Rr,/l 4[ J1 1.11 0 , I `WOOLDRML ROAD / 1 STATION #2 e WOOLD� GE ROAD " I - - PA)POSED - 1D` FIA r, 8'2.0 MGD \I \ I � 1v I � ` y I i 4'1 o cac.= I � l: \ I titin � IV i Q I GREENFIELDS W LIFT STATION PROPOSED NEW LIFT STATION PPOPOSED 10" PM i—� 0=2 0 MCD THE BAY —� PROPOSED MASTER PLAN COMBINATION OF 1974 & 1983 PLANS E .eDD EXHIBIT E ^ n 2o� `+O n/1 12 DP I seen 3 OF I / `WOOLDRML ROAD / 1 STATION #2 e WOOLD� GE ROAD " I - - PA)POSED - 1D` FIA r, 8'2.0 MGD \I \ I � 1v I � ` y I i 4'1 o cac.= I � l: \ I titin � IV i Q I GREENFIELDS W LIFT STATION PROPOSED NEW LIFT STATION PPOPOSED 10" PM i—� 0=2 0 MCD THE BAY —� PROPOSED MASTER PLAN COMBINATION OF 1974 & 1983 PLANS E .eDD EXHIBIT E ^ n 2o� `+O n/1 12 DP I seen 3 OF I 23 AGENDA MEMORANDUM January 7, 2004 AGENDA ITEM: Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's Point Unit 4 Subdivision, for the installation of 1,238 linear feet of an off-site 24-inch PVC Gravity Sanitary Sewer Trunk Main along Cimarron Boulevard between Yorktown Boulevard and Ditch 31, and, Ordinance approving the encumbrance of $151,203.10 in the Sanitary Sewer Trunk System Trust Fund No. 4220- to pay Mostaghasi Investment Trust, for the installation of 1,238 linear feet of an off-site 24-inch PVC Gravity Sanitary Sewer Trunk Main as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop King's Point Unit 4 Subdivision; and declaring an emergency. ISSUE: Mostaghasi Investment Trust, developer of King's Point Unit 4 Subdivision, will start the installation of 1,238 linear feet of the 24-inch PVC Gravity Sanitary Sewer Trunk Main along Cimarron Boulevard between Yorktown Boulevard and Ditch 31, once the City Council approves submitted Sanitary Sewer Construction and Reimbursement Agreement and funds to pay for said installation are encumbered from the Sanitary Sewer Trunk System Trust Fund. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Margie .'°~JRose ' Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Vicinity Map Sanitary Sewer Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Master Sanitary Sewer Plan for Southem Portion of Corpus Christi, Texas adopted by Ordinance No. 17743 (July 27, 1983) depicts a Lift Station on the north side of Yorktown Boulevard at its intersection with Cimarron Boulevard. From which lift station, a 14-inch force main would extend northward about 2,000 linear feet along Cimarron boulevard to a 24-inch gravity sewer. (Exhibit 2) Not conforming to the plan, the lift station at said intersection was constructed on the south side of Yorktown Boulevard with a 12-inch force main extending under Yorktown Boulevard and continuing about 2,000 linear feet along Cimarron Boulevard to a manhole on an existing 24-inch gravity trunk near Channel 31. Plans for a new 24-inch gravity trunk have been designed such that it would provide gravity service for the area up stream of the manhole at channel 31 southward up to Queen Jane Street of the proposed King's Point Unit 4 Subdivision. The total cost of this trunk main work is $162,351.66, based on a negotiated amount for construction with the contractor, H&G Contractors, of $151,024.80 plus $11,326.86 (7.5% for engineering). With the estimated sanitary trunk main construction cost of $151,024.80 and the estimated total overall construction cost of the project of $785,806.40, the cost of the trunk main would be 19% of the overall cost of construction. As such, the trunk main would qualify for reimbursement under the provision of the Platting Ordinance that does not require competitive bidding. The sanitary sewer acreage fee value of King's Point Unit 4 would be 11.601 acres x 961.00 S/acre = $11,148.56. $o, the estimated Trunk Main Reimbursement would be the total cost, as determined above, of $162,351.66 less the acreage fee value of $11.148.56 = $151,203.10. Reimbursement would be payable upon completion and acceptance of Gravity Sanitary Sewer Trunk Main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $151,203.10. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Page 1 of 1 ClMARRON BLVD. O.1% (SUBJECT) ,,S iTF-,,_// 24' SS EXHIBIT VICINITY MAP PROPOSED REVISION OF MASTER SANITARY SEWER PLAN 1" = 600' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP* NO. EXB-SS-VIC-MAP JOB NO. 02089 SCALE: 1" = 600' PLOT SCALE: SAME PLOT DATE: 1/5/04 SHEET 1 OF 1 Exhibit 5 Draft Agreement SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and The Mostaghasi Investment Trust (Developer), 3802 Brockhampton, Corpus Christi, Texas 78414. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 11.6 acres called King's Point Subdivision Unit 4, along Cimarron Boulevard, as shown in Exhibit 1, which is attached and incorporated into this Agreement. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Gravity Sanitary Sewer Trunk Main in order for the King's Point Subdivision Unit 4 to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Gravity Sanitary Sewer Trunk Main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a Gravity Sanitary Sewer Trunk Main; and WHEREAS, it is essential that a portion of the Gravity Sanitary Sewer Trunk Main be constructed in connection with the King's Point Subdivision Unit 4 development for sanitary sewer services to be provided upon completion of the King's Point Subdivision Unit 4; and WHEREAS, it is to the best interest of the Oity and the Developer for the Gravity Sanitary Sewer Trunk Main be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the Southern Area of Corpus Christi; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: E. XH/@/7' C 1. REQUIRED CONSTRUCTION The Developer shall construct the 24-inch Gravity Sanitary Sewer Trunk Main needed for the King's Point Subdivision Unit 4 ~ ..... ~ ....... ~,r. ,r... ,-.m.,.. Dm*m... ~.,~ ..... 2. PLANS AND SPECIFICATIONS Construction shall be in accordance with approved plans. (The construction drawings for the improvements have previously been reviewed and approved. 3. SITE IMPROVEMENTS Prior to construction of the Gravity Sanitary Sewer Trunk Main, Developer will acquire from Owner and dedicate to the City any necessary ROW as part of the final plat of the Kings Point Subdivision Unit 4. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Gravity Sanitary Sewer Trunk Main, under the approved plans and specifications, by March 8, 2004. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost of the 24- inch Gravity Sanitary Sewer Trunk Main and appurtenances within 30 days upon ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: __ day of By: Assistant City Manager ., 2003 R. Jay Reining Acting City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ., 2003, by [NAME], Assistant City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas AN ORDINANCE APPROPRIATING $148,635.66 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY MOSTAGHASI INVESTMENT TRUST FOR THE INSTALLATION OF 1,238 LINEAR FEET OF AN OFFSITE 24-INCH PVC GRAVITY SANITARY SEWER TRUNK MAIN AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP KING'S POINT UNIT 4 SUBDIVISION; AND DECLARING AN EMERGENCY. BElT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $148,635.66 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Mostaghasi Investment Trust's reimbursement request for the installation of 1,238 linear feet of an offsite 24-inch PVC sewer collection line to develop King's Point Unit 4 Subdivision, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED ~J~,,.~_./~ ,2004. O By: Joseph(/Harney ~) Assistant City Attorney For City Attorney 24 AGENDA MEMORANDUM January 7,2004 AGENDA ITEM: Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Hogan Development Company, owner and developer, for future development. The installation of 10,000 linear feet of a 10 inch force main, a lift station and appurtenances; and Ordinance approving the encumbrance of $700,000 in the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Hogan Development Company, for installation of 10,000 linear feet of a 10 inch force main, a lift station and appurtenances as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop Lift Station No. 11 and Force Main for the service areas East of Rodd Field Road and South of Holly Road; and declaring an emergency. ISSUE: Hogan Development Company, will start the installation of 10,000 linear feet of a 10 inch force main, a lift station and appurtenances to service areas East of Rodd Field Road and South of Holly Road, once the City Council approves submitted Sanitary Sewer Construction and Reimbursement Agreement and funds to pay for said installation are encumbered from the Sanitary Sewer Trunk System Trust Fund. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Margie C. Rose Assistant City Manager/Interim Director Development Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Ordinance Request Location Map - Sanitary Sewer Master Plan Revision 1983 Location Map - Sanitary Sewer Master Plan Revision 1974 Proposed Master Plan Combination of 1974 & 1983 Plans Cost Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Sanitary Sewer Master Plan calls for a lift station to be located along the extension of Wooldridge Road with a 2.0 MGD capacity and a 10" force main delivering flows the existing lift station #1047 at Greenfields by the Bay (See Exhibit C). This lift station currently pumps via an eight inch force main to a 15" gravity line located in Wooldridge Road that flows to the Wooldridge Road lift station #2. The lift station #1047 (Greenfields by the Bay) currently has two Flygt 20 Hp pumps rate at 660 GPM @ 69'TDH. These pumps were installed in 1998 and are in good condition. However, the Master Plan called for this lift stations to ultimately pump 3.8 MGD via a 14" force main to the Oso Treatment Plant. The Sanitary Sewer Master Plan revision of 1974 called for a lift station (#11) to be located on the extension of Wooldridge Road at the same location as the 1983 revision. However, its force main route was to a lift station #10 to be located at the Rodd Field Road and Wooldridge Road intersection and then to the Wooldridge Road lift station #2 through Stage 2 (see Exhibit D). Lift station #10 was deleted in the 1983 revision and, instead, the Greenfields by the Bay lift station #1047 was upsized. The lift station is designed to serve approximately 400 acres of proposed mixed commercial and residential development. The lift station is sited as per the 1983 revision of the Sanitary Sewer Master Plan. It is approximately 9,500 feet east of the Wooldridge Road lift station. Hogan Development Company is proposing to construct the Master Plan lift station, per the 1983 revision and provide the force main routing, per the Stage 2, 1974 Master Plan (see Exhibit E). This approach best serves both the current needs for development and the future needs of the City and its plans for the Wooldridge Road lift station #2. Reimbursement provisions for installation of lift stations and trunk force mains from the Sanitary Sewer Trunk System Trust Funds were established by Ordinance #025424, April 19, 2003. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. IExhibit A I Page 1 of 1 AN ORDINANCE APPROPRIATING $700,000.00 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220 TO PAY HOGAN DEVELOPMENT FOR THE INSTALLATION OF A 10,000 FOOT, 10-INCH FORCE MAIN, A LIFT STATION AND APPURTENANCES AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP LIFT STATION NO.11 AND FORCE MAIN FOR SERVICE AREAS EAST OF RODD FIELD ROAD AND SOUTH OF HOLLY ROAD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $700,000.00 from the Sanitary Sewer Collection Line Trust Fund No. 4220 is appropriated to pay Hogan Development's reimbursement request for the installation of a 10,000 foot, 10-inch force main to develop Lift Station No. 11 and force main for service areas east of Rodd Field Road and south of Holly Road, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th day of January, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED '"J~'~-"b /F ,2004. By: / Josep~arneY~ Assistant City Attorney For City Attorney ROAD STATION #2 \ ROAD " " - (~ LIfT STATION ? GREENFIELDS ~ r LI~ STATION PROPOSED NEW ' CITY OF CORPUS CHRISTI PRELIMtNARY ENGINEER REPONT SANITARY SEWER MASTER PLAN REVISION 1985 ~ =8o,:, EXHIBIT OCT PROPOSED NEW ~ 6-6 CITY OF CORPUS CHRISTI PRELIMINARY ENGINEER REPORT SANITARY SEWER MASTER PLAN REVISION 1974 ,~,- .~,, EXHIBIT PREI_ IMINA R Y ES TIMA TE DESCRIPTION UNIT QTY. UNIT PRICE A. WASTEWATER IMPROVEMENTS 1. 10' Diameter Fiberglass Wet Well (24'-26' Cut) I LS $80,000 2. 6' Diameter Valve BOx 1 LS $20,000 3. Lift Station Control/S.CADA I LS $20,000 4. Pumps and Apperatus 1 LS $10,000 5. Power Supply Off-site 1 LS $18,000 6. Well Pointing/Dewatedng 1 LS $34,000 7. Concrete Access Drive 80 SY $114 8. SecudtyFencing 200 LF $17 9. Gate 1 EA $1,500 10. Force Main 9537 LF $35 11. Gravity Sewer 1 LS $7,680 12. Pollution Prevention Items I LS $2,900 13. OSHA Trench Protection 1 LS $5,000 14. Roadway Repair 1 LS $5,000 CONSTRUCTION TOTAL AMOUNT $80,000.00 $20,000.00 $20,000.00 $10,000.00 $18,000.00 $34,000.00 $9,120.00 $3,400.00 $1,500.00 $333,795.00 $7,680.00 $2,900.00 $5,000.00 $5,000.00 $550,395.00 B. ENGINEERING AND ADMINISTRATION 1. Engineering and Administration 2. Geotechnical Report SUB-TOTAL ITEMS $82,559.25 $1,500.00 $634,454.25 Land Acquisition/Force Main Easement (including Surveying and Easement Recording) I LS SUB-TOTAL ITEMS Contingency @ 10% GRAND TOTAL $10,000 $10,000.00 $644,454.25 $64,445.43 $7O8,899.68 REQUESTED REIMBURSEMENT IS FOR 100% OF IMPROVEMENTS $708,899.68 EXHIBIT F 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 20, 2004 AGENDAITEM: Resolution approving the execution of an Affordable Housing Project Agreement between the Corpus Christi Business and Job Development Corporation ("Corporation") and the Nueces County Community Action Agency ("NCCAA") to allow the Corporation to grant to the NCCAA $225,000 toward land acquisition for an Affordable Housing Project. Resolution authorizing the City Manager or the City Manager's Designee to execute an Affordable Housing Program Agreement between the Corpus Chdsti Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") to allow the City Manager or the City Manager's Designee to administer funding on behalf of the Corporation, perform contract administration responsibilities associated with Affordable Housing Project Agreements, and to specifically administer a separate agreement between the Corporation and the Nueces County Community Action Agency. ISSUE: The Corpus Christi Business and Job Development Corporation requested the City to solicit Request for Proposals (RFP) for Affordable Housing in the fall of 2003. The objective was to receive proposals that provided for individually owned Affordable Single Family Housing. In October 2003, the City requested companies/organizations to submit proposals in the following categories: A) B) c) D) E) New Construction Land Acquisition Homebuyer Assistance Infrastructure Development Other The proposals were due by Friday, October 31, 2003. The City received 14 responses from 9 companies/organizations for Affordable Housing. The City reviewed the proposals and provided an overview of the proposals to the Business and Job Development Corporation. The NCCAA submitted three proposals, one of which was in the Land Acquisition category. The other two categories included Homebuyer Assistance and Infrastructure Development. On Monday, December 1,2003, the Business and Job Development Corporation recommended that Nueces County Community Action Agency be funded $225,000 for land acquisition to develop a 100 lot subdivision. NCCAA plans to develop the subdivision in three phases, with phase one having 32 lots, phase two having 32 lots and phase three having 36 lots. On Monday, January 12, 2004 the Business and job Development Corporation recommended approval of the Housing Project Agreement and the Housing Program Agreement. The Business and Job Development Corporation is considering other proposals that were submitted in October 2003. Additional recommendations will be submitted for City Council consideration within the next several months. REQUIRED COUNCIL ACTION: City Council approval is necessary to approve Business and Job Development Agreements. PRIOR COUNCIL ACTION: None. FUNDING: 1/8 cent sales tax. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the Housing Project Agreement and the Housing Program Agreement. Assistant City Manager BACKGROUNDINFORMATION On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; The 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1,2003, to be administered by the Corporation's Board of Directors. A RESOLUTION APPROVING THE EXECUTION OF AN AFFORDABLE HOUSING PROJECT AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") AND THE NUECES COUNTY COMMUNITY ACTION AGENCY ("NCCAA") TO ALLOW T HE CORPORATION T O G RANT T O T HE N CCAA $ 225,000 TOWARD LAND ACQUISITION FOR AN AFFORDABLE HOUSING PROJECT. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local com- munities with the ability to adopt an optional local sales and use tax as a means of im- proving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and ex- panded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Af- fordable Housing, which authorized the use of a portion of the sales and use tax ap- proved under Proposition 2 for affordable housing, up to $500,000 annually, so long as them are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allo- cated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board issued a Request for Proposals for affordable housing projects; WHEREAS, the NCCAA submitted a proposal to the Board to request funding for an af- fordable housing project that will consist of purchasing a 20-acre parcel of land, located at Holly and Martin Streets, in southwest Corpus Christi ("Land Acquisition Project"), a project that is suitable for the promotion and development of affordable housing within the City; and WHEREAS, the City Council has determined that it is in the best interests of the Cor- poration and the citizens of Corpus Christi, Texas, that the proposed Land Acquisition Project and its associated expenditure be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the execution of an affordable housing project agreement ("Project Agreement") between the Corporation and the NCCAA to allow the Corporation to grant to the NCCAA $225,000 toward land acquisition for an affordable housing project. A copy of the Project Agreement is attached as Exhibit A. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor ,2004 Corpus Christi, Texas day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AFFORDABLE HOUSING PROJECT AGREEMENT FOR LAND ACQUISITION PROGRAM This Affordable Housing Project Agreement ("Project Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the Nueces County Community Action Agency ("NCCAA"), a non-profit corporation organized under the statutes of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council and filed with the State Comptroller of Texas, effective April 1,2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a Request for Proposals for affordable housing projects; WHEREAS, the NCCAA submitted a proposal to the Board to request funding for an affordable housing program that will consist of purchasing a 20-acre parcel of land, located at Holly and Martin Streets, in southwest Corpus Christi ("Land Acquisition Program"), a program that is suitable for the promotion and development of affordable housing within the City; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's affordable housing program and selection of the NCCAA as a recipient of affordable housing funds on January 20, 2004; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, that the NCCAA be awarded affordable housing NCCAA Affordable Housing Proj Agmt.doc Page I of 5 execution of this Project Agreement, to promote and develop the affordable housing program stated in the NCCAA's response to the Board's Request for Proposals. In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the NCCAA agree as follows: 1. Project Agreement to Implement Affordable Housing Program. This Project Agreement between the Corporation and the NCCAA is executed to implement the promotion and development of an affordable housing program proposed by the NCCAA in the NCCAA's response ("Response") to the Board's Request for Proposals. The Response submitted by the NCCAA is incorporated in this Project Agreement by reference. 2. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Project Agreement. 3. Term. The term of this Project Agreement runs one year from the date of execution. 4. Services to be Provided by Corporation. a. The City Manager or the City Manager's designee ("City Manager") shall administer funding on behalf of the Corporation. b. The City Manager shall perform contract administration responsibilities, as outlined in this Project Agreement, for the Corporation. 5. Services to be Provided by NCCAA. a. The NCCAA shall implement and provide the affordable housing services stated in the Response. The NCCAA shall acquire, in NCCAA's name only, a 20-acre parcel of land, located at Holly and Martin Streets, in southwest Corpus Christi. In no event may the funds provided under this Project Agreement be utilized to purchase any other parcel of land without the NCCAA obtaining the prior written approval of the Corporation. b. The NCCAA covenants to purchase the land for the development of 100 single-family residential lots of affordable housing, as the term is defined in 42 United States Code § 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979, and provide one additional commercial lot, the commercial lot to be dedicated to use by the City Police Department or the Nueces County Sheriff's Department for a police substation or placement of a mobile law enforcement unit. NCCAA Affordable Housing Proj Agmt.doc Page 2 of 5 6. Payment of Funds. a. The Corporation shall pay to the NCCAA a grant in the amount of $225,000. b. Any payments by the Corporation under the provisions of this Agreement are subject to the receipt of sales taxes, by the City, from the Office of the Comptroller of the State of Texas and payment of the sales taxes to the Corporation by the City. c. The NCCAA shall deposit the funds in a non-interest bearing account until the funds are required to be paid to the seller(s) of the land. d. In the event that the purchase price of the land is less than the total funding amount, the NCCAA is obligated to remit the remainder of funds to the Corporation at the conclusion of the purchase of the land or at the expiration of this Project Agreement, whichever event occurs earliest. 7. Documentation and Reports. a. The NCCAA shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Project Agreement for a period of three years following the expiration of this Project Agreement. b. The NCCAA shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Project Agreement, during regular business hours for the purpose of inspection and copying by the City Manager. Furthermore, the NCCAA shall provide to the City Manager any information pertinent to this Project Agreement, as may be requested during the term of this Project Agreement. c. The NCCAA shalt submit a performance report ("Report") to the Corporation within 30 days of the expiration of this Project Agreement. The Report must contain all relevant details pertaining to the land purchase and include any supporting documentation required to substantiate the written narrative contained in the Report. 8. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless the amendment or modify- cation in made in writing and signed by persons duly authorized to sign agreements on behalf of each party. 9. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the NCCAA Affordable Housing Proj Agmt.doc Page 3 of 5 application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause o r provision, a s similar i n terms t o t he illegal, invalid, o r unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 10. Compliance with Laws. The NCCAA shall comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to the NCCAA's performance under this Project Agreement. 11. Jurisdiction and Venue. a. This Project Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Project Agreement must be brought in Nueces County, Texas, where this Project Agreement was entered into and must be performed. 12. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Project Agreement. By the NCCAA's execution of this Project Agreement, the NCCAA agrees to be bound by the terms, covenants, and conditions contained in this Project Agreement. Any ambiguities in this Project Agreement may not be construed against the drafter. 13. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. 14. Entire Agreement. This Project Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation and the NCCAA for the purpose stated. Alt other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Project Agreement, unless contained in this Project Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Project Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the NCCAA's performance under this Project Agreement. NCCAA Affordable Housing Proj Agrnt.doc Page 4 of 5 Corpus Christi Business & Nueces County Community Job Development Corporation Action Agency Date: Signature Printed Name Title Date NCCAA Affordable Housing Proj Agmt.doc Page 5 of 5 A RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE AN AFFORDABLE HOUSING PROGRAM AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") AND THE CITY OF CORPUS CHRISTI ("CITY") TO ALLOW THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ADMINISTER FUNDING ON BEHALF OF THE CORPORATION, PERFORM CONTRACT ADMINISTRATION RESPONSIBILITIES ASSOCIATED WITH AFFORDABLE HOUSING PROJECT AGREEMENTS, AND TO SPECIFICALLY ADMINISTER A SEPARATE AGREEMENT BETWEEN THE CORPORATION AND THE NUECES COUNTY COMMUNITY ACTION AGENCY. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local com- munities with the ability to adopt an optional local sales and use tax as a means of im- proving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Af- fordable Housing, which authorized the use of a portion of the sales and use tax ap- proved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allo- cated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council and filed with the State Comptroller of Texas, effective April 1,2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board desires to initiate an affordable housing program and issued a Request for Proposals for affordable housing projects; WHEREAS, the Board selected a proposal submitted by the Nueces County Commun- ity Action Agency for land acquisition, a project suitable for the promotion and develop- merit of affordable housing within the City; WHEREAS, the Board desires to contract with the City to allow the City to administer funding on behalf of the Corporation, perform contract administration responsibilities associated with affordable housing project agreements, and to specifically administer a separate agreement between the Corporation and the Nueces County Community Action Agency; and WHEREAS, the City Council has determined that it is in the best interests of the citi- zens of Corpus Christi, Texas, that the City Manager or the City Manager's designee be authorized to execute an agreement with the Corporation for the purpose stated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council authorizes the City Manager or the City Manager's de- signee to execute an affordable housing program agreement ("Program Agreement") between the Corpus Christi Business and Job Development Corporation and the City to allow the City Manager or the City Manager's designee to administer funding on behalf of the Corporation, per[orm contract administration responsibilities associated with af- fordable housing project agreements, and to specifically administer a separate agree- ment between the Corporation and the Nueces County Community Action Agency ("Project Agreement"). Copies of the Program and Project Agreements are attached as Exhibits A and B, respectively. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor )VEDASTOFORM:, t/J ~/ th ~. Hundley AssiSt 3t City Attorney for the City Attorney ,2004 Corpus Christi, Texas day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AFFORDABLE HOUSING PROGRAM AGREEMENT This Affordable Housing Program Agreement ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's affordable housing program on January 20, 2004; WHEREAS, the Board requested and obtained affordable housing program proposals and has selected a recipient to receive affordable housing program funds; WHEREAS, the Corporation has executed a separate agreement with the Nueces County Community Action Agency ("NCCAA") for land acquisition ("Land Acquisition Program"); and WHEREAS, the Board desires to contract with the City to implement and administer the selected affordable housing program agreement on behalf of the Corporation. In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: Affordable Housing Program Agreement.doc Page 1 of 4 1. Agreement to Implement Affordable Housing Agreements. This Agreement between the City and the Corporation is executed to implement the Land Acquisition Program Project Agreement, which has been separately executed by and between the Corporation and the NCCAA. The Land Acquisition Program Project Agreement is incorporated by reference into this Agreement. 2. Effective Date. The effective date of this Agreement is the latest date that either party executes this Agreement. 3. Term. The term of this Agreement runs concurrently with the earliest effective date of the Land Acquisition Program Project Agreement and continues in force until the expiration date of the Land Acquisition Program Project Agreement. 4. Services to be Provided by City. a. The City Manager or the City Manager's designee ("City Manager") shall administer funding on behalf of the Corporation. b. The City Manager shall perform the contract administration responsibilities outlined in the Land Acquisition Program Project Agreement. 5. Payment and Administration of Funds. a. The Corporation shall pay to the City a total amount of $500,000 annually in order to fund the Corporation's affordable housing programs. b. The City shall separately account for the receipt of all funds from the Corporation and for the expenditure of all funds disbursed in administering the Land Acquisition Program Project Agreement. c. The City shall only disburse funds to affordable housing program recipients that have executed a valid agreement with the Corporation. 6. Amendments or Modifications. No amendments or modifications to this Agree- ment may be made, nor any provision waived, unless made in writing and signed by persons duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforce- able, will not be affected by the law or judgment, for it is the definite intent of the Affordable Housing Program Agreement doc Page 2 of 4 parties to this Agreement that every section, paragraph, subdivision, clause, pro- vision, phrase, or word of this Agreement be given full force and effect for its pur- pose. b. To the extent that any clause or provision is held illegal, invalid, or unenforce- able under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 8. Compliance with Laws. The City shall comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to the City's performance under this Agreement. 9. Jurisdiction and Venue. a. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was entered into and must be performed. 10. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By the City's execution of this Agreement, the City agrees to be bound by the terms, covenants, and conditions contained in this Agreement. Any ambiguities in this Agreement may not be construed against the drafter. 11. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 12. Entire Agreement. This Agreement and the referenced and incorporated docu- ments constitute the entire agreement between the Corporation and the City for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless con- tained in this Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the City's performance under this Agreement. (EXECUTION PAGE FOLLOWS) Affordable Housing Program Agreement.doc Page 3 of 4 Corpus Christi Business & The City of Corpus Christi Job Development Corporation Date: George K. Noe City Manager Date: Attest: Armando Chapa City Secretary Approved as to form: Mary Kay Fischer City Attorney Affordable Housing Program Agreement doc Page 4 of 4 AFFORDABLE HOUSING PROJECT AGREEMENT FOR LAND ACQUISITION PROGRAM This Affordable Housing Project Agreement ("Project Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the Nueces County Community Action Agency ("NCCAA"), a non-profit corporation organized under the statutes of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board issued a Request for Proposals for affordable housing projects; WHEREAS, the NCCAA submitted a proposal to the Board to request funding for an affordable housing program that will consist of pumhasing a 20-acre parcel of land, located at Holly and Martin Streets, in southwest Corpus Christi ("Land Acquisition Program"), a program that is suitable for the promotion and development of affordable housing within the City; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's affordable housing program and selection of the NCCAA as a recipient of affordable housing funds on January 20, 2004; and WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, that the NCCAA be awarded affordable housing funds, by NCCAA Affordable Housing Proj Agmt.doc Page 1 of 5 execution of this Project Agreement, to promote and develop the affordable housing program stated in the NCCAA's response to the Board's Request for Proposals. In consideration of the covenants, promises, and conditions stated in this Project Agreement, the Corporation and the NCCAA agree as follows: I. Project Agreement to Implement Affordable Housing Program. This Project Agreement between the Corporation and the NCCAA is executed to implement the promotion and development of an affordable housing program proposed by the NCCAA in the NCCAA's response ("Response") to the Board's Request for Proposals. The Response submitted by the NCCAA is incorporated in this Project Agreement by reference. 2. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Project Agreement. 3. Term. The term of this Project Agreement runs one year from the date of execution. 4. Services to be Provided by Corporation. a. The City Manager or the City Manager's designee ("City Manager") shall administer funding on behalf of the Corporation. b. The City Manager shall perform contract administration responsibilities, as outlined in this Project Agreement, for the Corporation. 5. Services to be Provided by NCCAA. a. The NCCAA shall implement and provide the affordable housing services stated in the Response. The NCCAA shall acquire, in NCCAA's name only, a 20-acre parcel of land, located at Holly and Martin Streets, in southwest Corpus Christi. In no event may the funds provided under this Project Agreement be utilized to purchase any other parcel of land without the NCCAA obtaining the prior written approval of the Corporation. b. The NCCAA covenants to purchase the land for the development of 100 single-family residential lots of affordable housing, as the term is defined in 42 United States Code § 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979, and provide one additional commercial lot, the commercial lot to be dedicated to use by the City Police Department or the Nueces County Sheriff's Department for a police substation or placement of a mobile law enforcement unit. NCCAA Affordable Housing Proj Agmt.doc Page 2 of 5 6. Payment of Funds. a. The Corporation shall pay to the NCCAA a grant in the amount of $225,000. b. Any payments by the Corporation under the provisions of this Agreement are subject to the receipt of sales taxes, by the City, from the Office of the Comptroller of the State of Texas and payment of the sales taxes to the Corporation by the City. c. The NCCAA shall deposit the funds in a non-interest bearing account until the funds are required to be paid to the seller(s) of the land. d. In the event that the purchase price of the land is less than the total funding amount, the NCCAA is obligated to remit the remainder of funds to the Corporation at the conclusion of the purchase of the land or at the expiration of this Project Agreement, whichever event occurs earliest. 7. Documentation and Reports. a. The NCCAA shall maintain all documentation relating to the receipt and expenditure of the funds provided under this Project Agreement for a period of three years following the expiration of this Project Agreement. b. The NCCAA shall provide access to all records, documents, reports, and audits, regarding the funded activity under this Project Agreement, during regular business hours for the purpose of inspection and copying by the City Manager. Furthermore, the NCCAA shall provide to the City Manager any information pertinent to this Project Agreement, as may be requested during the term of this Project Agreement. c. The NCCAA shall submit a performance report ("Report") to the Corporation within 30 days of the expiration of this Project Agreement. The Report must contain all relevant details pertaining to the land purchase and include any supporting documentation required to substantiate the written narrative contained in the Report. 8. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless the amendment or modify- cation in made in writing and signed by persons duly authorized to sign agreements on behalf of each party. 9. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the NCCAA Affordable Housing Proj Agmt.doc Page 3 of 5 application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause o r provision, a s similar i n terms t o t he i Ilegal, invalid, o r unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 10. Compliance with Laws. The NCCAA shall comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances which may be relevant to the NCCAA's performance under this Project Agreement. 11. Jurisdiction and Venue. a. This Project Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Project Agreement must be brought in Nueces County, Texas, where this Project Agreement was entered into and must be performed. 12. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Project Agreement. By the NCCAA's execution of this Project Agreement, the NCCAA agrees to be bound by the terms, covenants, and conditions contained in this Project Agreement. Any ambiguities in this Project Agreement may not be construed against the drafter. 13. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement. 14. Entire Agreement. This Project Agreement and the referenced and incorporated documents constitute the entire agreement between the Corporation and the NCCAA for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Project Agreement, unless contained in this Project Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Project Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to the NCCAA's performance under this Project Agreement. NCCAA Affordable Housing Proj Agmt.doc Page 4 of 5 Corpus Christi Business & Nueces County Community Job Development Corporation Action Agency Date: Signature Printed Name Title Date NCCAA Affordable Housing Proj Agmt.doc Page 5 of 5 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 20, 2004 AGENDA ITEM: Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and F.A. Richard & Associates to provide workers' compensation TPA and cost containment services. ISSUE: The City of Corpus Christi's current contract for TPA and cost containment services will expire on January 31, 2004. Currently, F.A Richard provides the TPA service and Barton Risk Management provides the cost containment. A Request for Proposals (RFP) was issued on October 31, 2003. Proposals were received on December 12, 2003 and were reviewed by the members of the evaluation team. As a result of the RFPs received and rcwiewed, FA. Richard & Associates is determined to be the best value for the City in providing these services. REQUIRED COUNCIL ACTION: Council approval is needed authorizing the City Manager to execute a two-year contract with two one-year renewal options to provide workers' compensation TPA and cost containment services. FUNDING: Funding for this contract has been included in the proposed budget for Fiscal Year 2003-2004. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and FA. Richard & Associates to provide workers' compensation TPA and cost containment services. Director of Human Resources Attachments: Back~round Information Schetl'ule A-Evaluation Criteri.a for TPA _ . Schedule B-Evaluation Criteria for Cost t;ontamment Schedule C-Unbundled TPA Matrix Schedule D-Unbundled Cost Containment Matrix Schedule E-Bundled TPA & Cost Containment Matrix BACKGROUND INFORMATION BACKGROUND In October of 2003, Requests For Proposals were issued for workers' compensation related services, which specifically included Third Party Administration (TPA) and cost containment. Responses to the RFP were received on December 12, 2003 in the Procurement Division. The contract with the current provider will expire January 31, 2003. EVALUATION An evaluation team was chosen which was comprised of the Human Resources Director, the Risk Manager, the Senior Purchasing Analyst, the Senior Management Assistant/Risk, Human Resource Analyst and the Senior Management Assistant/Finance. The evaluation team reviewed proposals for responsiveness. The proposals were evaluated by the team using the following criteria: (1) risk 20°/$, (2) strategic need 20%, (3) technical solution 20%, and (4) cost 40%. The specific criteria for third party administration and cost containment are shown in Schedule A and B. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in Schedule C. The vendors were evaluated individually and then "bundled" in order to obtain the best value provider. "Bundled" refers to cost containment and TPA se~Mces, case management services were also evaluated and will be presented in a separate agenda item. One TPA was excluded due to not having a local presence and another due to not providing all required cost containment services. RECOMMENDATION As a result of this evaluation, F.A. Richard & Associates is the highest ranking provider as shown in Schedule C. Therefore, City staff recommends City Council approval of a two-year contract with two one-year renewal options with F.A. Richard to provide workers' compensation TPA and cost containment services. RFP: BI -0141-03 Opportunity Status: Critical Schedule A 'Workers' Compensation, Auto and General Liability TPA Services Best Value Team Evaluation and Consensus Supplier Risk Strategic Need Technical Solution Cost Total Weight 20% 20% 20% 40% 100% 1. SAS 70 Service Auditor's 1. Single Point of Contact for 1. Electronic Web Based Report & Business Workers Comp, Auto/GL, Cost Access to Claims Data Continuity/Contingency plans Containment, and Case —/10% (3.5) Management including Local Presence 2. Electronic Web Based Filing —/25% (3.1) of Claims 2. Contract Acceptance —/50% —/25% (Exceptions Page) 2. Worker's Comp Coordinator, 3. Electronic Access to —/30% Adjusters, Medical clerk, clerical Computer Based Statistical Data 3. References (3.5) Support, Replacement Adjuster & Ad Hoc Reports Qualifications including Claims —/35% —/10% Adjusters' Qualifications (WC, 4. Financial Stability (3.5) Auto & General Liab.) 4. Business Continuity Plan (3.2.1.7-3.2.1.) + (3.2.1.8) (BCP) —/15% —/30% —/30% 5. Litigations and Lawsuits (3.5) 3. Staffing Levels /20% /20% RFP: BI -0141-03 Opportunity Status: Critical Schedule B "Workers' Compensation, Auto and General Liability Cost Containment Services Best Value Team Evaluation and Consensus Supplier Risk Strategic Need Technical Solution Cost Total Weight 20% 20% 20% 40% 100% 2. Contract Acceptance 1. Dedicated Personnel with 1. Computer capability to (Exceptions Page) TWCC Experience produce reports (3.3.8) (3.3.6) —/50% /20% /10% 3. Fines Paid (3.3.18) 2. In Accordance with TWCC 2. Quality of Standard Reports (3.3.1) (3.7) —/20% /20% /90% 3. TWCC / HIPAA Compliance 4. Dedicated Transition Plan (3.3.2-3.3.5 + 3.3.7 + 3.3.12) (3.3.17) —/10% —/40% 4. Financial Stability 5. Training of Personnel (3.5) (3.3.16) /10% /20% 5. Internal Controls (3.3.13) /10% RFP: BI -0141-03 Schedule C CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX THIRD PARTY ADMINISTRATOR FOR WORKERS COMP DEDICATED UNIT *JI not evaluated due to not providing a local presence. Fara Tri-Star Barron ASG CCS Ward Evaluation Criteria Maximum Points Points Points Points Points Points Points Awarded Awarded Awarded Awarded Awarded Awarded Risk 20 points 12.2 11.0 7.3 14.4 10.1 3.0 Strategic Need 20 points 20.00 16.0 18.0 18.0 16.0 9.0 Technical Solution 20 points 19.00 20.0 15.0 15.0 15.0 15.0 Cost 40 points 40.00 40.0 20.0 12.2 13.7 26.4 TOTAL 91.2 87.0 60.3 59.6 54.8 53.4 $287,400 $298,935 $574,277 $945,195 $840,385 $434,885 *JI not evaluated due to not providing a local presence. RFP: BI -0141-03 CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX COST CONTAINMENT Schedule D rd Argus Fair Isaac FARA Tri-Star Barron Evaluation Criteria Maximum Points Points Points Points Points Points Awarded Awarded Awarded Awarded Awarded Risk 20 points 18.5 8.0 18.3 18.2 18.3 Strategic Need 20 points 16.0 20.0 16.0 16.0 16.0 Technical Solution 20 points 17.3 20.0 10.1 9.0 6.5 Cost 40 points 39.9 40.0 38.7 37.0 33.9 TOTAL 91.7 88.0 83.1 80.2 74.7 $124,672 $124,217 $128,493 $134,218 $146,518 rd RFP: BI -0141-03 Schedule E CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX BUNDLED THIRD PARTY ADMINISTRATOR FOR WORKERS COMP DEDICATED UNIT & COST CONTAINMENT AS&G not included due to not providing all required Cost Containment services. Fara Tri-Star Barron Ward/Fair Isaac CCS/Argus Evaluation Criteria Maximum Points Points Points Points Points Points Awarded Awarded Awarded Awarded Awarded Risk 20 points 13.9 13.0 10.4 4.4 12.4 Strategic Need 20 points 18.9 16.0 17.5 12.1 16.0 Technical Solution 20 points 16.5 16.9 12.6 16.4 15.6 Cost 40 points 40.0 38.4 23.1 29.1 17.2 TOTAL 89.3 84.3 63.6 62.0 61.2 $415,893 $433,153 $720,795 $571,921 $965,057 AS&G not included due to not providing all required Cost Containment services. 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 20, 2004 AGENDA 1TEM: Motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and Intracorp to provide case management services. ISSUE: Currently, the City of Corpus Christi does not maintain a contract with a case management vendor. In order to maximize this service for ill or injured employees, a Request for Proposals (RFP) was issued on October 31, 2003. Proposals were received on December 12, 2003 and were reviewed by the members of the evaluation team. As a result of the RFPs received and reviewed, Intracorp is determined to be the best value for the City in providing these services. REQUIRED COUNCIL ACTION: Council approval is needed authorizing the City Manager to execute a two-year contract with two one-year renewal options to provide ease management services. Funding for this contract has been included in the proposed budget for Fiscal Year 2003-2004. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion authorizing a two-year contract with two one-year renewal options between the City of Corpus Christi, Texas, and Intracorp to provide case management services. Cynt~/~ Garda Dir~-~or of Human Resources Attachments: Background Information Schedule A-Evaluation Criteria for Case Management Schedule B-Case Management Rankings BACKGROUND INFORMATION BACKGROUND In October of 2003, Requests For Proposals were issued for workers' compensation related services, which specifically included case management. Responses to the RFP were received on December 12, 2003 in the Procurement Division. Currently, there is no contract in place for case management services. Historically, utilization of case management services has been determined collaboratively between the City of Corpus Christi and the workers' compensation TPA. The decisions were based on the specific needs of the injured or ill employee. Diagnosis, prognosis, and caseload were all considered when assigning a case manager to a particular employee. In an effort to improve continuity of care and streamline the process, one case management company will be the provider. Services range from vocational rehabilitation to medical case management depending on the need of the patient/employee. The hourly charge for medical case management is $82. EVALUATION An evaluation team was chosen which was comprised of the Human Resources Director, the Risk Manager, the Senior Purchasing Analyst, the Senior Management Assistant/Risk, the Human Resource Analyst and the Senior Management Assistant/Finance. The evaluation team reviewed proposals for responsiveness. Proposals were evaluated by the team using the following criteria: (1) risk 20%, (2) strategic need 20%, (3) technical solution 20%, and (4) cost 40%. Specific criteria are shown in Schedule A. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in Schedule B. Vendors were evaluated individually in order to obtain the best value provider. However, the vendor with the highest ranking score subcontracts all of this work. Because this vendor did not disclose the identity of the subcontractors, the evaluation team is recommending the second highest ranking vendor, Intracorp. RECOMMENDATION As a result of this evaluation, City staff recommends City Council approval of a two-year contract with two one-year renewal options with Intracorp to provide case management services, of which charges for medical case management are $82 per hour. RFP: BI -0141-03 Opportunity Status: Critical Schedule A "Workers' Compensation, Auto and General Liability Case Management Services Best Value Team Evaluation and Consensus Supplier Risk Strategic Need Technical Solution Cost Total Weight 20% 20% 20% 400/0 1000/0 1. Financial Stability 1. Medical Case Manager 1. Management Reports (3.5) Credentials _/ 60% 20% (3.4.2) 50% 2. Strategic Process 2. Resource Experience _/ (3.4.1) 40% 2. Vocational Credentials *Information Gathering (3.4.3) *Data Assessment 3. Lawsuits / Litigations _/ 50% *Plan Development 40% *Plan Follow *Timely Reporting / 40% Schedule 9 CITY OF CORPUS CHRISTI SUMMARY EVALUATION MATRIX CASE MANAGEMENT Fair Isaac Intracorp Ann Ward Barron Allegiance Argus Genex ReviewMed FARA IMO Jaime/Viola (Spectrum) Evaluation Criteria Maximum Points Pants Points Points Points Pants Points Points Points Points Points Points Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Awarded Risk 20 points 8.0 11.6 16.0 4.8 10.5 0.0 13.0 7.9 0.0 4.3 0.0 Strategic Need 20 points 20.0 20.0 20.0 20.0 0.0 0.0 0.0 12.0 0.0 0.0 0.0 Technical Solution 20 points 14.0 14.0 0.0 9.0 12.0 20.0 6.0 20.0 12.0 0.0 0.0 Cost 40 points 40.0 30.9 35.0 35.0 32.4 33.5 33.5 8.6 33.5 35.9 40.0 TOTAL 82.0 76.5 71.0 68.8 54.9 53.5 52.5 48.5 45.5 40.2 40.0 $11,440 312 944 $12,658 1 $11,440 $12372 $11,943 1 $11,943 $12,658 $11943 1 $11,154 1 $10,010