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Agenda Packet City Council - 03/30/2004
CITY COUNCIL AGENDA MARCH 30, 2004 Corpus Christi All-America City 11:45 A.M. - Proclamation declaring March 26, 2004 as 'American Gl Forum Founder's Day" Proclamation declaring the rnonth of Apdl as 'Organ & Tissue Donor Month' Proclamation declaring the month of April as 'Earth Month & Earth Day/Bay Day Celebration' Proclamation declaring the month of April as 'Sexual Assault Awareness Month' Proclamation dedadng the month of May as 'Motorcycle Safety & Awareness Month' Commendation - West Oso High School Boys Basketball Team for saptudng their 6a Region IV - 3A Championship 'At Your Service Award', City Staff Recognition Program AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 30, 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 opporlunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirlgirse al Concilio y cree que su ingl&s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) 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. Invocation to be given by Associate Pastor Randy Walterman, Corpus Christi Christian Fellowship. 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 Pm Tem Mark Scott Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting Mamh 30,2004 Page 2 E. MINUTES: Approval of Regular Meeting of March 23, 2004. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. Nm CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of two (2) sport utility vehicles (SUV's) from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $51,581.40. The award is based on the cooperative purchasing agreement with HGAC. The vehicles will be used by the Police Department. Funding is available from the FY 2003-2004 Capital Outlay Budget in the Maintenance Services Fund. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 30,2004 Page 3 .ao 3ob. 4.0. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $25,000 from the Texas Department of Transportation foran Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department and to execute all related documents. (Attachment # 3) Ordinance appropriating $25,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. (Attachment # 3) Motion authorizing the City Manager or his designee to accept a contract from the Area Agency on Aging of the Coastal Bend for the continuation of the FY 2004 Eldedy Nutrition Program. (Attachment # 4) Motion authorizing the City Manager or his designee to accept a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program. (Attachment # 4) Ordinance appropriating a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program in the No. 1067 Park and Recreation Grant Fund. (Attachment #4) Motion approving the application from Idea Worldwide, L.L.C. to temporarily close the following street sections for the Velocity Games: (Attachment# 5) East Shoreline Boulevard (northbound), including the parking lane, from Furman Avenue to Park Avenue, maintaining an 18-foot emergency lane on the east side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00 a.m. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 30,2004 Page 4 10. East Shoreline Boulevard (northbound) from Park Avenue to Coopers Alley, maintaining an 18-foot emergency lane and traffic circulation lane on the west side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00 a.m. Motion authorizing the City Manager or his designee to execute Amendment No.1 to a Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $137,948.75 for a total restated fee of $437,523.75 for Capital Improvement Program Project Development Assistance. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Change Order No. 8 for the Multi-Purpose Arena with Fulton Coastcon, Joint Venture, of Corpus Chdsti, Texas in the amount of $362,039 for various amhitectural, electrical, and mechanical modifications. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Construction Manager at Risk Contract with Fulton Coastcon and Hunt Construction Group, Joint Venture of Corpus Chdsti, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with Hoover Construction, of Burnet, Texas in the amount of $649,214.51 for the State Highway 44 Clarkwood By-Pass UtilityAdjustments Project. (Attachment#9) Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez in the amount of $25,080 for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4 Project and for other municipal purposes. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting Mamh 30,2004 Page 5 11. 12. 13. 14.a. 14.b. 15.a. 15.b. Motion authorizing the City Manager or his designee to execute Change Order No. 7 with IHS Construction, of Corpus Christi, Texas in the amount of $128,395 for Street Resurfacing on South Staples Street from Gollihar Road to Williams Drive for additional traffic control and lane widening. (BOND ISSUE 2000) (Attachment # 11 ) Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the contract with Reynolds, Inc., of Orleans, Indiana in the amount of $199,061 for Broadway Basin SSO-I/I and Rehabilitation Stage 2-A Rebid for immediate and necessary repairs to severely deteriorated collection system major trunk lines. (Attachment # 12) Motion authorizing the City Manager to execute a Deferment Agreement with Hogan Development Company, L.P. (Developer) in the amount of $728,481.66 for public improvements including street pavement, curb, gutter, and sidewalks and storm water lines for the future street construction improvements to Corsica Road, Spanish Wood Drive, and Tapestry Street within the Barclay Grove, Unit 9 A Subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.b. (Attachment # 13) Motion authorizing the City Manager or his designee to amend the scope of work for the Community Development Block Grant FY 2002 Neighborhood Centers of Corpus Christi project and reinstate and extend the contract term through November 30, 2004. (Attachment # 14) Motion authorizing the City Manager or his designee to amend the scope of work for the Community Development Block Grant FY 2003 Garcia Arts Education Center Area Street Improvements Phase 1 and 2. (Attachment # 14) Resolution supporting the construction and permitting of a Corpus Christi LNG Facility by Corpus Christi LNG, L.P., an affiliate of Cheniere Energy, Inc. (Attachment # 15) Resolution supporting the construction and permitting of a San Patricio LNG Facility by Vista del Sol LNG Terminal, L.P., an affiliate of Exxon Mobil. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 30,2004 Page 6 15.C. Resolution supporting the construction and permitting of an LNG receiving terminal by Occidental Energy Ventures Corporation. (Attachment # 15) 16. Second Reading Ordinance - Amending the Zoning Ordinance of the City of Corpus Christi by amending sections 4A-2, 4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non- illuminated signs pertaining to the lease, hire, or sale of a building or premises on which the sign is located, with certain parameters. (First Reading 03/23/04) (Attachment # 16) I. PUBLIC HEARINGS: ZONING ORDINANCE AND PLATTING ORDINANCE TEXT AMENDMENTS: 17.a. Public Hearing to consider Zoning Ordinance and Platting Ordinance Text Amendment: A text amendment to the Zoning Ordinance and Platting Ordinance to increase penalties for code violations to be consistent with State law. (Attachment # 17) 17.b. First Reading Ordinance - Amending the Zoning Ordinance of the City of Corpus Christi by revising Section 35-3, by changing the maximum fine amount from $1,000 to $2,000. (Attachment # 17) 17.c. First Reading Ordinance - Amending the Platting Ordinance of the City of Corpus Chdsti by revising Section XI - Penalties, by changing the maximum fine amount from $100 to $500. (Attachment # 17) 18.a. Public hearing to consider an amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designation of 402 Peoples Street as a "Potential Landmark". (Attachment # 18) 18.b. First Reading Ordinance - Amending the City of Corpus Christi Preservation Plan, An Element of the Comprehensive Plan, by designating property located at 402 Peoples Street as a "Potential Landmark" and by adding that one property that has been designated as a potential landmark within the Preservation Plan. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~J) Agenda Regular Council Meeting March 30, 2004 Page 7 19. 20. ZONING CASES: Case No. 0204-05, Richard O. Serna: A change of zoning from a "R-lB" One-family Dwelling District to a "B-l" Neighborhood Business District. The property is on Tracy Subdivision, Block 6, Lot 3, located along Elizabeth Street to the west and 100 feet north of Baldwin Boulevard. (Attachment # 19) Planning Commission and Staffs Recommendation: Approval of a "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Richard Serna by changing the zoning map in reference to Tracy Subdivision, Block 6, Lot 3 from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0204-06, Maurice C. Hunsaker and Walter Day: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District. The property is on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, being 19.98 acres out of Lot 12, located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road. (Attachment # 20) Planning Commission: Approval of a "R-1C" One-family Dwelling District. Staffs Recommendation: Denial of the "R-lC" District, and in lieu thereof, approval of a "R-1B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Maudce C. Hunsaker and Walter Day by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 19.98 acres out Lot 12, Section 26 from "F-R" Farm-Rural District to "R-lC" One-family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing Mamh 30,2004 Page 8 21. 22. Case No. 0204-07, James Paul Allison and Douq Adams: A change of zoning from a "F-R" Farm-Rural District to a "1-3" Heavy Industrial District. The property is on Bohemian Colony Lands, Section 14, being 10 acres out of Lots 1 and 8, located along Saratoga Boulevard to the south and west of State Highway 286. (Attachment # 21 ) Planning Commission and Staffs Recommendation: Denial of the "1-3" District, and in lieu thereof, approval ora "1-2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by James Paul Allison and Doug Adams by changing the zoning map in reference to Bohemian Colony Lands, being 10 acres out of Lots I and 8, Section 14, from "F-R" Farm-Rural District to "1-2" Light Industrial District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. Case No. 0204-08, Hogan Development Company, L.P.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District. The property is on Flour Bluff and Encinal Farm and Garden Tracts, Section 32, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, located along Wooldridge Road to the south and east of Rodd Field Road. (Attachment # 22) Planninq Commission and Staffs Recommendation: Approval of the "R-lC" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Hogan Development Company, LP by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32 from "F-R" Farm-Rural Distdct to "R-lC" One-family Dwelling District; and amending the comprehensive plan to account for any deviations from the existing comprehensive plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing March 30,2004 Page 9 PRESENTATIONS: Public comment will not be solicited on Presentation items. 23. Cdme Control and Prevention Distdct Proposed FY 2004-2005 Budget and Project Update. (Attachment # 23) 24. Padre Island Desalinization Plant Feasibility Analysis and Siting Plan, Stage 1, Phase 2. (Attachment # 24) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Motion authorizing the City Manager or his designee to execute an amendment to a Contract for Professional Services with Urban Engineering, of Corpus Chdsti, Texas in the amount of $615,245 for the Southside Transmission Main, Phase 6 - Laguna Madre Pipeline Crossing Permitting. (Attachment # 25) 26. First Reading Ordinance - Amending Section 1-6 of the Code of Ordinances relating to general penalties; enacting Subsection 1- 6.1 relating to continuing violations. (Attachment # 26) 27. First Reading Ordinance -Amending Section 23-63 of the Code of Ordinances relating to depositing garbage in a public place. (Attachment # 27) 28. First Reading Ordinance - Amending Section 23-67 of the Code of Ordinance relating to permitting accumulation of filth on lots. (Attachment # 28) 29. First Reading Ordinance - Amending Section 23-68 of the Code of Ordinance relating to permitting weeds and rubbish on lots. (Attachment # 29) 30. First Reading Ordinance - Amending Ordinance No. 15898, as amended, by approving a Revised Standard Form Industrial Distdct Agreement; and authorizing the City Manager or his designee, to execute Industrial Distdct Agreements based on the Revised Standard Form Industrial Distdct Agreement and to file the Industrial District Agreements in the Official Records of the county where the affected land is located. (Attachment # 30) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 30,2004 Page 10 L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE 31. 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 Iocated at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espa/~ol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time 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 oft/ce. Executive session under Texas Government Code Section 551.071 regarding claim and potential litigation involving the Animal Control Facility, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the a~enda summary) Agenda Regular Council Meeting Mamh 30,2004 Page 11 32. Executive session under Texas Government Code Section 551.071 regarding Cause No. 98-61993-3, George Kines Taylor and Sandra G. Taylor, as Independent Co-Executors of the Estate of Fay K. Taylor, Jennifer Taylor Labrie, and George Kelley Taylor vs. City of Corpus Chdsti, Texas, et al, in the County Court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 33. CITY MANAGER'S REPORT 34. 35. O. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., March 26, 2004. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Mamh 30,2004 Page 12 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 23, 2004 - 9:05 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly (Arrived at 9:10 a.m.) Rex A. Kinnison Jesse Noyola Cit3, 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 Mayor Neal and the Pledge of Allegiance to the United States flag was led by Council Member Garrett. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of March 2. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-20). City Secretary Chapa announced that Council Member Noyola was abstaining fi.om the vote and discussion on Item 12. Council members requested that Item 6 be discussed. There were no comments fi.om the audience. A motion was made and passed to approve Items 2 through 20, constituting the consent agenda, except for Item 6, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 23, 2004 - Page 2 MOTION NO. 2004-086 Motion approving the lease purchase of six (6) automated side-loading refuse trucks from the following companies for the following amounts for the total amount of $990,534. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These automated side-loading refuse trucks will be used by Solid Waste Services. Financing will be provided through the City's lease/purchase financing program. Rush Truck Center Houston, Texas Truck Chassis $613,500 McNeilus Truck & Manufacturing Hutchins, Texas Refuse Packer Body $377,034 Grand Total: $990,534 The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-087 Motion approving the purchase of eighteen (18) riding mowers from John Deere Commercial, of Cary, North Carolina, in accordance with the cooperative pumhasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) for a total amount of $101,236.50. The riding mowers will be used by the Park and Recreation Department. Funds are available in the FY 2003-2004 Park Operations Budget. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kiunison, Noyola and Scott, voting "Aye"; Kelly was absent. ORDINANCE NO. 025668 Ordinance appropriating $34,902.41 from the State of Texas in the No. 1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 3 5.a. MOTION NO. 2004-088 Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed Grant in the amount of $225,000 from the United States Department of Justice for the continued support of the Weed and Seed Program, Site I North. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 5.b. ORDINANCE NO. 025669 Ordinance appropriating $225,000 from the United States Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site 1 North for FY 2003-2004. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.a. MOTION NO. 2004-098 Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed Grant in the amount of $225,000 from the United States Department of Justice for the continued support of the Weed and Seed Program, Site II West. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 7.b. ORDINANCE NO. 025670 Ordinance appropriating $225,000 from the United States Department of Justice, Office of Justice Programs, in the No. 1067 Park and Recreation Grants Fund for the continued support of the Weed and Seed Program, Site I! West, for FY 2003-2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.a. MOTION NO. 2004-099 Motion authorizing the City Manager or his designee to execute an agreement with Mr. Lorenzo Knowles to provide $946 from the FY 2003-2004 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site II West. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 4 8.b. MOTION NO. 2004-100 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $13,500 from the FY 2003-2004 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. The program will include those youth in the Calallen area. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.c. MOTION NO. 2004-101 Motion authorizing the City Manager or his designee to execute an agreement with Boys & Girls Club of Corpus Christi, Inc. to provide $6,000 from the FY 2003-2004 Weed and Seed Program to provide an after school program and promote abstinence from substance abuse and adolescent sexual involvement through the practice of responsible behavior. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.d. MOTION NO. 2004-102 Motion authorizing the City Manager or his designee to execute an agreement with Fighting To Rid Gangs in America Foundation to provide $14,397 from the FY 2003-2004 Weed and Seed Program to implement after school and weekend alternative activities at their activity center classrooms, gym, and computer center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.e. MOTION NO. 2004-103 Motion authorizing the City Manager or his designee to execute an agreement with Goodwill Industries to provide $8,000 from the FY 2003-2004 Weed and Seed Program to hire, train and maintain our SEEDTECH on-site computer education lab, and all the benefits that will accompany the project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 5 8.f MOTION NO. 2004-104 Motion authorizing the City Manager or his designee to execute an agreement with The City of Corpus Christi, Park and Recreation Department, Aquatic Division to provide $25,000 from the FY 2003-2004 Weed and Seed Program to implement their free summer swim program at Greenwood and Violet pools. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 8.g. MOTION NO. 2004-105 Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $11,000 from the FY 2003 -2004 Weed and Seed Program to implement after school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 9.a. ORDINANCE NO. 025671 Ordinance appropriating $875,000 from the unappropriated interest earnings from Wastewater 1999A Capital Improvement Program Fund 4243 (SRF) for the Greenwood Sanitary Sewer Trunk Main Cleaning Project; and amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $875,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 9.b. MOTION NO. 2004-106 Motion authorizing the City Manager or his designee to execute a construction contract with Specialized Maintenance Services, Inc., of Pasadena, Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main Cleaning Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 6 10.a. ORDINANCE NO. 025672 Ordinance appropriating $148,350 from the unappropriated claim settlement from City Hall Capital Improvement Program Fund No. 3160 for the City Hall First Floor Call Center; amending Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $148,350. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 10.b. MOTIONNO. 2004-107 Motion authorizing the City Manager or his designee to execute a construction contract with Sal-Con, Inc., of Corpus Christi, Texas in the amount of $108,500 for the City Hall First Floor Call Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 11.a. MOTION NO. 2004-108 Motion authorizing the City Manager or his designee to execute a utility easement with the owner Spohn Hospital, in the amount of $35,000 for Parcels 1UE, ITCE, 1A-LIE, and IA- TCE all out of the Saratoga Staples Plaza, Block 1, Lots 3 and 4 located on Saratoga Boulevard between South Staples Street and Cimarron Boulevard, in connection with the Force Main, Line C, Phase 2 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 11.b. MOTION NO. 2004-109 Motion authorizing the City Manager or his designee to execute a utility easement with the owner Spohn Hospital, in the amount of $42,693 for Parcel 17, out of the Saratoga Staples Plaza, Block 1, Lot 4 located on Saratoga Boulevard between South Staples Street and Cimarron Boulevard, in connection with the Buckingham Estates Lift Station and Force Main Diversion Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 7 12. 13. 14. MOTION NO. 2004-110 Motion authorizing the City Manager or his designee to execute Amendment No. 8 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas in an amount not to exceed $183,600 to provide project management duties for the Corpus Christi International Airport Terminal Project through July 2004. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. ORDINANCE NO. 025673 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Valero Refining - Texas, L.P. for the right to install, operate, maintain, and remove one 18-inch RCP storm sewer line, approximately 35-linear feet across Kaler Drive right-of-way; one 24-inch and one 36-inch RCP storm sewer line, approximately 30-linear feet across Kaler Drive right-of-way; one 6-inch Waste Disposal line, one 8-inch Fire line and one 24-inch Electrical/Communications Duct Bank, approximately 45-linear feet across Kaler Drive right-of-way; one 24-inch Electrical/Communications Duct Bank and two 24- inch RCP storm sewer lines, approximately 50 linear feet across the Cantwell Lane right-of- way; establishing a fee of $4,236. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-111 Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land Development Management Company, Inc. (Developer), in the amount of $236,356.39 for the future street construction improvements including street pavement, curb, gutter and sidewalks, storm water, sanitary sewer and water lines along the extension of Acushnet Drive and Kram Road adjacent to Lot 2, Block 8, Saratoga Weber Plaza in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 15. MOTION NO. 2004-112 Motion authorizing the City Manager or the City Manager's designee to execute a twelve- month software maintenance agreement with Court Specialists, Inc. of Friendswood, Texas in an amount not to exceed $41,229.05. Included in the maintenance agreement is the support for the External Warrants Interface. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minmcs - Regular Council Meeting March 23, 2004 - Page 8 16. RESOLUTION NO. 025674 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A & M University - Corpus Christi in the amount of $345,000 for pollution prevention partnership and educational outreach program, which includes small business assistance and public education on pollution prevention and air quality in Nueces and San Patricio Counties. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 17. RESOLUTION NO. 025675 Resolution authorizing the City Manager or the City Manager's designee to execute an amendment to the Inteflocal Cooperation Agreement with Texas A & M University - Corpus Christi in the amount of $45,000 to add a remote vehicle emissions sensor project called "AutoCheck" to the Pollution Prevention Parmership activities. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 18. ORDINANCE NO. 025676 Ordinance authorizing the resale of one property located at 5300 Agnes shown on the attached and incorporated Exhibit A which was foreclosed upon for failure to pay ad valorem taxes, for $41,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 19. ORDINANCE NO. 025677 Authorizing the City Manager or his designee to execute a First Amendment to the Lease Agreement with Great Western Soccer League, a non-profit organization, for the use of Terry and Bobby Labonte Park for its soccer program in consideration of Great Western Soccer League maintaining the premises and improvements. (First Reading: 02/10/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 9 20.a. ORDINANCE NO. 025678 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding the Cable Communications Commission. (First Reading 03/02/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 20.b. ORDINANCE NO. 025679 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting; and providing for penalties. (First Reading 03/02/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal opened discussion on Item 6 regarding a number of agreements for the Weed and Seed Program. Regarding Item 6a, Mayor Neal commented that he wanted to thank Mr. Lorenzo Knowles for his service to the youth in the community, especially in the North side of town. City Secretary Chapa polled the Council for their votes as follows: 6.a. MOTION NO. 2004-089 Motion authorizing the City Manager or his designee to execute an agreement with Mr. Lorenzo Knowles to provide $946 from the FY 2003-2004 Weed and Seed Program for mentoring the Drug Education for Youth Program and activities in Site 1 North. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.b. MOTION NO. 2004-090 Motion authorizing the City Manager or his designee to execute an agreement with Planned Parenthood of South Texas, Inc. to provide $4,730 from the FY 2003-2004 Weed and Seed Program to implement collaborative partnerships with existing community programs to provide after school, weekend and summer programs in Site 1 North. The goal is to reduce at-risk behaviors including drug and alcohol use and teen pregnancy among Weed and Seed adolescents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 10 6.c. MOTION NO. 2004-091 Motion authorizing the City Manager or his designee to execute an agreement with The Boy Scouts of America-South Texas Council to provide $1,113 from the FY 2003-2004 Weed and Seed Program to implement their learning for life program in the targeted census tracts through the Corpus Christi Independent School District locations. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.d. MOTION NO. 2004-092 Motion authorizing the City manager or his designee to execute an agreement with YMCA to provide $10,000 from the FY 2003-2004 Weed and Seed Program to implement prevention programs. The Coles Prime Time Program (licensed childcare after-school) Summer Basketball League and Summer Swim Program. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.e. MOTION NO. 2004-093 Motion authorizing the City Manager or his designee to execute an agreemem with The City of Corpus Christi, Park and Recreation Department to provide $10,000 from the FY 2003- 2004 Weed and Seed Program to implement their sports program. This would be for the Winter and Summer Basketball program for the North Side Community. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.fi MOTION NO. 2004-094 Motion authorizing the City Manager or his designee to execute an agreement with God's Gym to provide $8,000 from the FY 2003 -2004 Weed and Seed Program to implement after- school programs for youth to participate in developing and enhancing their artistic skills, fitness and conditioning workshops, mentoring and tutoring assistance. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Minutes - Regular Council Meeting March 23, 2004 - Page 11 6.g. MOTION NO. 2004-095 Motion authorizing the City Manager or his designee to execute an agreement with Beautify Corpus Christi Association to provide $8,333 from the FY 2003-2004 Weed and Seed Program to provide art projects and activities for the youth and adults of the North Side. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. 6.h. MOTION NO. 2004-096 G.i. Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Housing Authority to provide $8,334 from the FY 2003 -2004 Weed and Seed Program for providing a continuation of services to the youth of public housing to include outdoor activities, life building and team concepts skills, and recreational sports. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. MOTION NO. 2004-097 Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries of Corpus Christi to provide $8,333 from the FY 2003-2004 Weed and Seed Program to implement basic health care services that help to fill the gap in services, stabilize the client's health situation and allow them the opporttmity to focus on the social and financial l~roblems that typically accompany homelessness. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly was absent. Mayor Neal referred to Item 21 a, and a motion was made, seconded and passed to open the public heating on the following zoning text amendment: 21.a. Public hearing to consider a text amendment to the Zoning Ordinance to address non- illuminated temporary signs displaying the sale, rent, or lease of single-family, duplex or townhomes. Mr. Gunning explained that current regulations limit the size of the temporary signs to four (4) square feet, regardless of whether the property is a single-family residence or a large tract of vacant residential land. He said the proposed amendment recommends the temporary signs on properties developed with single-family, duplex or townhome uses be increased to a sign area of six (6) square feet, allowing one sign per street frontage. Additionally, Mr. Gunning said the proposed amendment would allow large tracts of vacant residential land larger signs commensurate with the size of the land. Vacant tracts of land between Minutes - Regular Council Meeting March 23, 2004 - Page 12 three (3) acres and five (5) acres would be allowed a maximum sign area of 16 square feet. Vacant tracts of land with five (5) acres or more that front an arterial, highway, or expressway would be allowed a maximum sign area of 32 square feet. In both situations, the sign heights would be limited to eight (8) feet. He said staff had met with the Corpus Christi Board of Realtors and they supported the proposed amendments. No one appeared in opposition to the zoning text amendment. A motion was made, seconded, and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: 21.b. FIRST READING ORDINANCE Amending the Zoning Ordinance of the City of Corpus Christi by amending sections 4A-2, 4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, and 9-2 to allow for temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which the sign is located, with certain parametem. 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 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0204-02, Soroush Farahnakian: A change of zoning from a "B-I" Neighborhood Business District and "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. The property is on Baldwin-Moore Farm Lots, being 3.289 acres out of a portion of Lot 2, bound by South Padre Island Drive, West Point Road, and Friendship Drive (formerly Bush Drive). City Secretary Chapa said the Planning Commission and staffrecommended the Approval of the "B-4" General Business District on Tract 1 and "B-I" Neighborhood Business District on Tract 2. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Cbesney. Mr. Noyola asked if staff knew what the applicant's plans were for development on Tract 2. Mr. Gunning replied that he was not certain, but the applicant had indicated that the development would be beneficial to the neighborhood, such as a Laundromat. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 23, 2004 - Page 13 22. ORDINANCE NO. 025680 Amending the Zoning Ordinance, upon application by Soroush Farahnakian by changing the zoning map in reference to Baldwin-Moore Farm Lots, Portion of Lot 2, Volume "A", Page 50 from "B-1" Neighborhood Business District to "B-4" General Business District on Tract 1 and from "R- 1B" One-family Dwelling District to "B- 1" Neighborhood Business District on Tract 2; 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 deviated from the agenda, and opened discussion on Item 25 regarding the issuance of bonds by the Corpus Christi Business and Job Development Corporation for the baseball stadium project. Assistant City Manager Mark McDaniel stated that staff and several Council members had recently returned from a bond rating trip in New York. He was happy to report that the city had received an increase in the bond rating for the baseball stadium bonds from Fitch Ratings. He also reported that the city had received favorable rates on insurance to insure the bonds. He said the Council was being asked to approve a resolution authorizing a perimeter sale that would take place when interest rates were most favorable. He asked Mr. JeffLeuschell, Bond Counsel, with McCall Parkhurst and Horton, to provide information on the three items comprising the resolution. Mr. Leuschell explained that this item was identical to previous actions the Council had taken with respect to the seawall project and the arena project. He said today's resolution approves the action taken by the Corpus Christi Business and Job Development Corporation at their meeting yesterday. He said the principal amount was capped at $27 million in that resolution, although he said it was currently expected that approximately $25,300,000 will be the amount of the bond issue. He said the corporation was contributing some of its currently collected sales tax to defray the borrowing on the issue. He stated that the resolution also approved the project agreement and the sales tax remittance agreement with the corporation, virtually identical to those approved in the past for the seawall and arena projects. Mr. Jim Gilley, Financial Advisor, with Coastal Securities, provided a report on the process to be undertaken when the bonds are priced at some point within the next two weeks. He complimented the Mayor, Council Member Cooper, Council Member Garrett, and staff for their efforts during the bond trip to New York. He said the increase in the bond rating from Fitch reflected how successful the trip was. He said the team anticipated pricing the bonds early next week. He said they were anticipating a 3-1/2 percent rate and under. He said the transaction would be closed on April 27, shortly after the end of the 60-day waiting period required before the lease became effective. He stated that the underwriting team was led by Morgan Keegan, Bank of America and BBC Dain Rauscher. Council Member Cooper complimented Mr. Gilley, Mr. Leuschell, and city staff, especially Minutes - Regular Council Meeting March 23, 2004 - Page 14 City Manager Noe, Finance Director Cindy O'Brien, and City Engineer Angel Eseobar, for their efforts presenting the city's case to the ratings agencies and insurance companies. Mayor Neal echoed her sentiments. Mr. Kinnison asked for the total number of funds received from the economic development sales tax annually. Mr. McDaniel replied that it was slightly over $4 million. Mr. Kinnison noted that if the debt payment on the baseball stadium was estimated to be $2.2 million a year, then the remaining balance would be $1.8 million, of which $500,000 was for affordable housing. Thus, he concluded that $1.3 million would remain for economic development projects. Mr. McDaniel replied that projections estimated that the sales tax would grow over time so that it would provide 2-to- 1 coverage by Year 4. He said there should be sufficient funds throughout the period of the 15- year authorization to continue with 4A Board economic development programs. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 025681 Resolution approving the resolution authorizing the issuance of bonds by the Corpus Christi Business and Job Development Corporation and the execution of a Sales Tax Remittance Agreement, a Project Agreement, and a Bond Purchase Agreement with respect to the Baseball Stadium Project. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal noted that since interest rates were so low, the city would be well advised to examine any refinancing opportunities this year. Mr. McDaniel replied that staffwas looking at refinancing three projects, comprised primarily of Certificates of Obligation and General Obligation bonds. He said staff was waiting for the Council's decision on the landfill because it would require the issuance of debt as well. Thus, he said when staffbrought forward any issuance regarding the landfill in the next few months, they would include a number of refinancing opportunities. Mayor Neal emphasized that he would like staff to pursue any refinancing opportunities before the national election. Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 23, a quarterly update from the Corpus Christi Convention and Visitors Bureau (CVB). Mr. Dave Prewitt, Chairman of the CVB Board of Directors, remarked that the Spring Break weekend had been good for business. He introduced the new President and CEO of the Convention and Visitors Bureau, Mr. Tom Galyon. He said Mr. Galyon had worked most recently in Lansing, MI and the Northern Kentucky Convention and Visitors Bureau. Mr. Galyon began his presentation by making two announcements. He recognized Ms. Liz Massey-Kimbel, representing Lamar Outdoor Advertising, the finn that had provided the Corpus Christi CVB with twenty billboards throughout the state at an estimated value of $192,000. He also presented a new birding brochure, created in cooperation with the Audubon Society. Minutes - Regular Council Meeting March 23, 2004 - Page 15 Mr. Galyon provided an update on the CVB's efforts to date and its future goals. He discussed their efforts to streamline operations. Regarding office facilities and employee programs, he said they had worked with the city to update their server and computers. In addition, he said the CVB has worked with the city to achieve a $20,000 savings on employee insurance and benefits plans by joining the city's plan. Mr. Galyon reviewed the CVB's efforts to streamline their personnel. He said they had reassessed all sales functions, strategies and goals to ensure a return on investment. He said they had merged convention sales and tourism sales, re-evaluated staff skills and abilities, and re-aligned staff structure. He referred to the new staff organizational chart. He said one of his goals for the CVB was to be the best in the state for service. Mr. Galyon reported that the CVB was completely redesigning their website. He said the new and improved website would be premiered during National Tourism Week, the week of May 8. He said the new website would be quick and easy to navigate, and provide a number of online travel packages, including a family fun getaway, romance package, and featured event package. He also said the website would provide online discount coupons and a searchable calendar of events. Finally, he said the site would provide interactive maps and a "click and save" itinerary. Mr. Galyon reviewed information regarding the CVB's advertising efforts. He presented a sample chart of a 2004-2005 marketing plan for a target market. He said each of the CVB's plans would be comprised of a rationale, expected objective, strategies and tactics, departments involved, beginning and completion dates, cost analysis, budget support, and market research. Mr. Galyon reviewed the results of the STR report for January 2004. Compared with other similarly sized cities, the report showed that Corpus Christi was down 2.7 percent in overall occupancy. He said the average room rate had increased 4.4 percent, and RevPAR had increased by 1.8 percent. Mr. Galyon discussed the 2003-2004 advertising cooperative program. He said that for a total advertising budget of $412,299, the CVB's portion was $114,926, which reflected the high level of cooperation being received. He noted that the Lamar Outdoor Advertising Company's outdoor billboard campaign was provided at an estimated value of $192,000. Mr. Galyon presented an example of a print advertisement that would be appearing in the Texas Travel Industry Association Newspaper, as well as an ad that would appear in Texas Monthly magazine in May. He noted that beginning January 1, all ads would now have toll-free numbers for information, so the CVB will be able to track the effectiveness of the advertising. He briefly referred to a new database tracking system that would provide more efficient use of the website (e- marketing). Mr. Galyon discussed a number of initiatives regarding convention services. He stated that the website would provide an online survey for convention delegates, asking their opinions about the hotels, convention center, and bureau services. He said the CVB would provide quarterly updates on survey responses. In addition, the website would provide online housing submissions for convention delegates. Minutes - Regular Council Meeting March 23, 2004 - Page 16 Mr. Galyon discussed a number of initiatives regarding convention and visitor services. He mentioned the following new convention services: restaurant reservation booth; PC Name Badge Program; and large welcome posters downtown. He also referred to a new hospitality training program that is under development. Finally, he stated that a new online convention service center would be available for delegates. Mr. Galyon concluded his presentation by updating the Council on activities in media relations. He said current projects included the filming of"The King", a feature film, for one week in the city. He said Univision-Dallas will film a vacation options segment during the week (late Mareh-early April) that highlighted Corpus Christi as a vacation destination. Finally, he said The Learning Channel had filmed a "While You Were Out" segment that would air in mid-April. Mayor Neal remarked that he did not see the "All-America City" logo on the CVB's advertising. Mr. Galyon replied that the logo was only on the CVB's website, but he would be sure to add the logo to all other forms of advertising. Mr. Colmenero noted that the January STR report showed that the city's hotel occupancy rates were down. He asked Mr. Galyon if he knew what the projected trends were for this year. Mr. Galyon replied that he thought the city could expect a slight increase in occupancy, from 1.5 to 2 percent. He said the construction on the convention center and arena had a negative effect on travel this year. He thought the city could anticipate a rebound in 2007 and beyond. Mr. Colmenero commented that the trend in the industry seems to be providing more package travel. Mr. Galyon agreed, saying that the CVB was trying to generate more traffic to the website to promote their new travel packages. Finally, Mr. Colmenero asked for a list of cities participating in the Lamar Outdoor Advertising billboard campaign, which Mr. Galyon said he would provide. Mr. Kelly asked if the online housing submissions form only included listings for downtown hotels. Mr. Galyon replied negatively, saying that it included hotels throughout the city. Mr. Kelly asked if it included bed & breakfasts and condominiums. Mr. Galyon replied that the listing only included hotels now, but they could be added later. Mr. Kelly asked if there were plans to expand the online housing form for use bythe general public, not just convention delegates. Mr. Galyon said that the CVB planned to do this in the future. Mr. Scott asked if the STR report provided data comparing January 2004 against January 2003. Mr. Galyon answered affirmatively. Mr. Scott asked if he could provide year-end figures for 2003. Mr. Galyon replied affirmatively, saying that Corpus Christi was overall down about 2 percent compared to 2002. Mr. Scott asked for a copy of the year-end report. Mr. Scott noted that Shreveport, LA was up in the STR report, and he asked if they had opened an arena recently. Mr. Prewitt answered affirmatively, saying that the CVB's eco-tourism sales manager was going to Shreveport for a trade show, and he had asked her to investigate. Finally, Mr. Scott asked City Manager Noe to provide a report on code enforcement activities during Spring Break. City Manager Noe said it took a significant effort, and he thanked staff for their work. City Manager Noe said he would provide a report later. Minutes - Regular Council Meeting March 23, 2004 - Page 17 Mr. Noyola thanked Mr. Galyon for saving $40,000 by streamlining operations. Mr. Noyola asked if any part of the website was in Spanish. Mr. Galyon answered affirmatively, saying that the Hispanic Chamber of Commerce were heading this effort. Mr. Garrett asked Mr. Galyon if he could create a package to encourage tourists to stay an additional day. Mr. Galyon replied that this was the goal of the CVB's new travel packages. Mr. Garrett also asked for information on the location of the Lamar Outdoor Advertising billboard sites. The next presentation was a 2nd Quarter FY 2003-04 Budget/Performance Report. Assistant City Manager Mark McDaniel referred to a graph illustrating General Fund YTD Revenues. He stated that 44.9 percent of budgeted revenue has been received. He noted that sales tax revenues had increased by $455,000 through January, compared to budget. He said that since the report was created, the city has received the February receipts, which indicate that the city is $556,0000 ahead of projections. He said if the city were to stay ahead by this amount, than by year end the city would be 2.7 percent over prior actuals. Mr. McDaniel also highlighted an increase in Solid Waste Services revenues as a result of an unanticipated construction project. Finally, he mentioned a rebound in municipal court revenues. Regarding general fund expenditures, Mr. McDaniel stated that 47.3 percent of the budget has been expended with 50 percent of the year completed. He said there were no major variances at mid-year. He noted, however, that a significant increase in public safety retirements was anticipated to lead to "drag-up" pay expenditures. Mr. McDaniel reviewed the status of the enterprise funds. Regarding the water fund, he noted a percent decrease in comparison to the same time last year due to an increased budget. He said consumption had remained constant. Regarding the airport fund, he remarked that there were revenue increases associated with oil and gas leases, and overall improvements. He also noted an expenditure increase that was due to the timing of a number of debt payments. Regarding the ambulance fund, he noted an decrease in revenues due to delays in Medicare and Medicaid payments, but he anticipated that the fund would balance out by the end of the year. Mr. McDaniel said the golf fund was of special concern because both revenues and expenditures were decreasing. He said the revenue decreases were due in part to above average rainfall resulting in a decrease of rounds played, and also because of declining play in national trends. Mr. McDaniel discussed the status of the internal service fund, which are budgeted allocations for services to internal customers. He said there were no significant variances with the exception of the risk management fund, which reflected lower expenditures for health insurance costs in comparison to the prior year. Assistant City Manager McDaniel reviewed the status of the special revenues funds. Regarding the hotel occupancy tax fired, he noted an increase in expenditures due to the debt service associated with the expansion of the Convention Center. With regard to the Reinvestment Zone No. Minutes - Regular Council Meeting March 23, 2004 - Page 18 2 Fund, he pointed out a decrease in revenues associated with the timing of receipts. He also highlighted an increase in expenditures associated with debt service for the Packery Channel improvements. Regarding the arena facility, he pointed out an increase in expenditures associated with the timing of debt service payments. Regarding the Crime Control District, he highlighted an increase in expenditures which was due to higher personnel costs. Mr. Kinnison asked for an estimate of the year-end total for FY 2003-04 for the hotel motel occupancy tax fund, specifically breaking out the amount designated for the arena and convention center expansion and the remaining portion for the general funds. Mr. McDaniel said he would provide the information. Mayor Neal deviated from the agenda, and announced the executive sessions, which were listed on the agenda as follows: 27. Executive session under Texas Government Code Section 551.071 regarding Notice of Enforcement Action, City of Corpus Christi Broadway Wastewater Treatment Facility, 1402 W. Broadway, Corpus Christi, Nueces County, Texas, TPDES Permit NO. 10401-005; RN101610186, Docket No. 2003-1347-MWD-E; CCEDS Case No. 10113, with possible discussion and action related thereto in open session. 28. Executive session under Texas Government Code Section 551.071 regarding implementation of uniform pipeline fees, with possible discussion and action related thereto in open session. 29. Executive session under Texas Government Code Section 551.071 regarding franchise agreement negotiations with AEP Central Power and Light Company, with possible discussion and action related thereto in open session. 30. Executive session under Texas Government Code Section 551.071 regarding legal issues relating to the options to either expand the J. C. Elliott Landfill or develop the Cefe Valenzuela Landfill in an effort to address current landfill operating issues, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Neal called for petitions from the audience. Mr. John Reiss, 3217 Nassau, spoke regarding his concerns about illegal dumping by contractors in the Tropic Isles area. Mr. Jack Gordy, 4118 Bray Drive, spoke regarding his concerns about the Council's use of city funds to pay Chamber of Commerce and Hispanic Chamber of Commerce membership dues. Mr. Sirfrederickvoneugeniusallabben King 7th, 905 Cleveland Street #4, thanked city staff for their work, and asked for information regarding the Council Member District 1 seat. Mr. Carlos Torres, 6014 Ayers, spoke regarding his concerns about the aging Corpus Christi Fire Department fire pumper and ladder truck fleet. Minutes - Regular Council Meeting March 23, 2004 - Page 19 Mayor Neal opened discussion on Item 26, a special presentation on options for the city's landfill. City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on this item. Assistant City Manager Ron Massey provided information comparing gate tip fees among Texas cities that the Council had requested at the last meeting. He said Corpus Christi was charging $26.50 a ton, $13.33 of which was being credited to the Municipal Solid Waste System Service Charge (MSWSSC). Thus, the city's tipping rate is approximately $13.17 a ton. He said the state average is $20. He noted that, according to the Solid Waste Digest, two landfills in the San Antonio area were charging $22.25 and $23.64. Thus, he said the figures showed that the city's tipping rate is not one of the highest in the state. Mr. Massey provided information regarding the proximity of a landfill to an airport. He said that a change to a section of Title 49 of the United States Code (Subtitle VII, Part A, Subpart III, Chapter 447, 44718(d)) added a limitation on the construction of municipal solid waste landfills. He said the law stated that there should be no landfills within 6 miles of a public airport that is receiving federal grant funding under Chapter 471, the chapter under which the airport receives the majority of its funding. He noted that the law provides for exemptions, but they would have to be initiated by the State Aviation Agency to the Administrator of the Federal Aviation Agency (FAA). Mr. Terrence Whatley, Airport Operations Manager, reported on his discussions with local representatives of the FAA. Mr. Whatley stated that at issue was the past funding the city has received for development of the airport. He said the city received the grant funding upon the condition that they would comply with a number of grant assurances. He said one of the assurances involved maintaining compatible use of the land surrounding the airport. He said the FAA has determined that the establishment of a municipal solid waste landfill that receives putrescible waste near the airport would be an incompatible use. He said the consequences of not complying with the grant assurances could involve not receiving further funding from the FAA for airport planning and development, and could also result in the suspension of grant payments for existing grants. In conclusion, he said the city had a responsibility to prevent incompatible land uses such as the establishment of a municipal landfill. Mr. Whatley added that the FAA air traffic division was concerned about air safety, as well as local airport users. Mr. Massey concluded that it was staff's recommendation to proceed with the development of the Cefe Valenzuela landfill site. Mr. Chesney asked if there were any examples of municipalities receiving exemptions to this law. Mr. Whatley replied that to his knowledge, the FAA had not granted any exemptions because they have historically taken a strong position in the interests of aviation safety. First Assistant City Attorney Jay Reining added that the city's outside counsel on solid waste issues has indicated that this law has halted numerous landfill construction sites around the country. He said that to counsel's knowledge, the FAA had yet to grant any exemptions to the law, other than those authorized in Alaska. Mr. Chesney asked if the Navy was still opposed to the use of the Elliott landfill site. Mr. Massey replied that the Navy operated turbo prop aircraft in and around Cabaniss Field, which are highly susceptible to bird strikes. He said the Navy strongly preferred that the city cease landfill operations in the proximity of Cabaniss Field. Minutes - Regular Council Meeting March 23, 2004 - Page 20 Mr. Chesney asked how much the city had received in prior years from federal grants. Assistant City Manager Massey said he did not have an exact figure, but the city had recently been approved to receive a $3.8 million grant from the FAA. Mr. Reining added that the city could lose all federal funding if they did not comply with any of the grant assurances. Mr. Chesney stated that he felt it was important to include, at some point, a discussion on whether or not to privatize the city's landfill operations. Mayor Neal stated that the city first needed to decide which site to develop before entering into a discussion on privatization. Mr. Massey stated through the RFP process, staff had cost estimates they could provide on privatization. Mr. Kinnison commented that in 1999, when the discussion on the landfill first took place, the Council decided to pursue the Cefe Valenzuela landfill site after weighing concerns about the airspace issues, Navy air traffic, and future neighborhood development in the Elliott landfill area. He asked if there were any plans to develop the area around the Elliott landfill. Mr. Massey replied that he understood that developers were looking at developing the Chapman Ranch/Weber area, and the area south of the Oso. Mr. Kinnison said thc plan was to still have a transfer station in this area, and l)e asked how the station would affect future development. Mr. Massey replied that the transfer station would involve a cleaner operation than a landfill. It would be like an area with a higher concentration of trash containers and more traffic. He did not feel it would be incompatible with the area. Mr. Kinnison asked what could happen to the Cefe Valenzuela site's permit if the city were to delay action on the development of the landfill. Mr. Massey replied that the TCEQ has entertained the idea of placing time limits on permits for landfills that have not been constructed. Mr. Kinnison asked if city was still in a position to recommence negotiations with BFI, asking them to provide options within a 60-day time line. Mr. Massey replied affirmatively. Mr. Kinnison asked if staff still felt, in light of the recent discussion, that the development of the Cefe Valenzuela was a good decision. Mr. Massey replied affirmatively, saying it was a good investment. Mr. Kelly stated that his primary concern regarding the development of the Cefe Valenzuela landfill was that the tipping fee was estimated to increase to $54, in the worst case scenario. He said he had not seen a comparison between the development of Cefe and the other, private option presented last week. Mr. Massey said that if the city was able to capture 400,000 tons of waste annually for the next 12 years, the estimated tipping fee would be $39.78, including the capital costs for closing Elliott. Mr. Kelly stated that it was difficult to compare options without more information from the other private option. Mr. Massey stated that since the city has an open RFP process, they cannot obtain more detailed information on the other private option. Mr. Colmenero expressed his concern that if the city continued its negotiations with BFI, landfill operations in the area could become a potential monopoly. Mr. Colmenero also expressed his concern that the city had not progressed further in their plan for the landfill, and he wondered why the Council did not have more options to choose from. City Manager Noe replied that when the RFP was issued, the decision had been to invest in the Cefe Valenzuela landfill. He said once the discussion tumed to cost, then the Council wanted to consider other options to try to keep the rates lower. Minutes - Regular Council Meeting March 23, 2004 - Page 21 Mr. Scott asked why staff had not previously presented information about the new federal law prohibiting landfill development six miles from an airport. Mr. Massey replied that staffhad been unaware of the new law until they engaged with discussions with the FAA about the airport. Mr. Reining added that the FAA law applies to new landfills only; there was an exemption for the expansion of an existing landfill. Mayor Neal asked for public comment. Mr. Skip Mosichek of Bay Area Fellowship Church spoke regarding his concern about the effects of a transfer station on their future development of a new facility on the corner of Weber Road and the Crosstown extension. Mr. Massey explained that the transfer station was actually an advantage because it would lessen the number of large trucks going through the area. Mr. Kaplan stated that the landfill was permitted to be open 24 hours a day, seven days a week, but he presumed that the traffic would be significantly less on Sundays. Mr. Colmenero expressed his concern that the main road in the area was in good condition. Mayor Neal noted that this was a state road, and the city needed to work with the MPO to ensure that it would be in good condition. Mr. Bill Davis with Absolute Waste Services spoke regarding his concern that the initial RFP process was too narrow in focus. Mr. Ralph Diaz with C.C. Disposal asked if only "city" trucks were going to be allowed to use the transfer station. Mr. Massey replied negatively, saying the transfer station was open to everyone. Mr. John Torrey with Captain Hook Dumpsters spoke against the development of the Cefe Valenzuela landfill, and advocated the private plan being offered by Dr. Gulley. Dr. Bryan Gulley spoke regarding his landfill option for the Council's consideration. He introduced Mr. David Klein with Santek Environmental who provided a presentation on the public- private partnership the city could enter with them to save approximately $96 million over 30 years. Mr. Klein discussed the partnership objectives for a Corpus Christi-Santek partnership. He said the goal was to provide a professional, full-service landfill management dedicated to preserving and enhancing the city's existing solid waste infrastructure. In addition, he said the objective was to stabilize the city's position in an evolving Coastal Bend solid waste marketplace. Finally, he said his company's goal was to protect local residents and businesses from escalating disposal fees in the future. Mr. Klein explained the key elements of the partnership. He said Santek would become the city's operator for J.C. Elliot landfill, but the city would maintain ownership of the landfill. He said Santek would provide 480 acres for expansion ofthe landfill operation. With the city's support, Mr. Klein said Santek would seek a TCEQ permit for the landfill expansion. He said Santek would permit, design, and construct the expansion at no cost to the city. Mr. Klein mentioned that Santek's pro forma showed that the city could save $96 million over 30 years. He said this could be done in part if the city agrees to pay Santek a fixed disposal fee per ton (plus annual CPI inflation adjustments) on city-collected waste for the life of the landfill facility. He said Santek was willing to give the city $2.5 million towards the closing of Elliott landfill. He also said Santek would provide $864,738 for post-closure care for the Elliott site. He said Santek would operate the landfill facility on the 480 acres for the city, while providing the post- closure care for Elliott. Minutes - Regular Council Meeting March 23, 2004 - Page 22 Mr. Klein said Santek's estimates for the permitting and construction of the Type 4 landfill on 60 acres was $6 million. He said they would provide the funds to purchase and make a land acquisition on behalf of the city at $1.8 million. He said they estimated that the future development of the site of a Type 1 landfill on possibly 120 acres at $24 million. Mr. Klein said Santek believed a key point was that their proposal would eliminate the need for the capital costs to develop the Cefe Valenzuela landfill, at an estimated cost of $26.3 million. In addition, their proposal would eliminate the need to purchase equipment for the Cefe landfill, estimated at $2 million. He also their plan would eliminate the capital expense to build a transfer station estimated at $2 million. They would also eliminate the transfer station operation costs for Cefe estimated at $17.6 million. Another benefit is a continuous revenue stream. He also said Santek would be filling to pay 5 percent in host fees over projections, estimated at $10 million. He said they would pay for the $800,000 equipment lease on the current equipment used at Elliott. He said these figures amounted to $96 million over 30 years. In response to Mr. Chesney's question, City Manager Noe replied that Santek's claim to save the city $26.3 million to eliminate the capital costs for the Cefe landfill was misleading, because they were taking credit for the savings when, in fact, they were using the funds to pay for the development of their landfill. Mr. Klein replied that Santek considered the proposal as a 30 year cost savings, with $26.3 million saved in Years 0-10 and the $24 million was saved in Years 11-30. Mr. Kaplan said that staffconsidered projections beyond ten years to be "a shot in the dark". A discussion ensued over the veracity of Santek's claim that they were giving the city $26.3 million in Years 0-10. Mr. Chesney stated that it appeared that Santek was recouping the money through its tipping fees. Mr. Klein said Santek estimated that the tipping fees would be $20 per ton ($17.30 without the state fees and host fees). Mr. Chesney said the city's tipping fee was $12 per ton without fees, so Santek would be making a profit. Mr. Scott said that Mr. Klein should represent this openly. Mr. Chesney said it was fine if Santek was making a profit, but it was misleading for Mr. Klein to claim that he was saving the city $40 million, when in effect, they would recoup the money. Mr. Klein clarified that the city would not be paying all fees; rather, the tipping fees would be paid by anyone using the landfill. Mr. Chesney observed that the $2.5 million that Santek said they were giving the city towards closing costs for Elliott was also going to be recouped in the tipping fees. Thus, he said it would be more accurate to say that Santek was fronting the money to the city, not giving it to the city. The same applied to the $6 million for permitting and construction of the landfill. Mr. Chesney asked for more information on the host fees Santek said it would be providing a $10 million savings. Mr. Klein explained that the city estimated that the landfill could process 181,000 tons based on the current market. He said that if Santek could capture an additional 200,000 tons within the market, they would be willing to pay the city 5 percent of the gross receipts in host fees over the entire life of the facility. Mr. Kaplan stated that he did not understand how Santek could guarantee the tipping fee based upon tonnage for which they did not have a contract. He said he did not understand from where the extra tonnage in the area would come. City Manager Noe asked Mr. Klein to explain what the $10 million savings was based on in terms of the life of the facility, the tonnage over and above our tonnage, and the rate Santek was charging. Mr. Klein replied that they estimate that the 480-acre facility would have a 30-year life. He said they would Minutes - Regular Council Meeting March 23, 2004 - Page 23 charge the rate the city was currently charging on Elliott, $25.50 per ton plus the state fee of $1.25 per ton, for any tonnage over 181,000 tons. Mr. Kaplan said that based on his calculations, Santek would have a difficult time retiring their debt. Mr. Chesney concluded that at least $50 million of the $96 million Santek was claiming to save the city with their proposal was not truly cost savings to the city, because the citizens would have to pay either through increased fees or through an increase in debt. Mr. Klein disagreed, saying that the avoidance of the capital costs to develop the Cefe landfill was a true savings. Mayor Neal asked Santek if they would provide the city with full financial disclosure. Mr. Rob Burnette, President of Santek, stated that he would provide the information, but he would need to speak with their legal counsel to ensure that it did not become public record, since they were private company. Mayor Neal said the financials would have to become public record. He repeated that if Santek wanted the city to enter into a long-term public-private parmership, he wanted them to provide the city with full financial disclosure. Mr. Burnette repeated that he would need to speak with counsel. Mr. Kelly observed that the $20.75 per ton tipping fee that Santek was charging did not include the $14.11 MSWSSC. Mr. Klein said Santek would not be involved in charging the MSWSSC fee. He said it was the city's choice whether or not to charge it. Mr. Kelly asked Mr. Massey what would happen if the city did not charge the MSWSSC fee. Mr. Massey replied that the city would more than likely operate at a deficit if they did not charge the MSWSSC. Mr. Kelly said that he had understood that he was comparing the $20.75 per ton Santek was offering with the city's charge of $26.50. He said it upset him to learn that if the city is to maintain its revenue stream, it must continue to charge the MSWSSC fee, which brings the tipping fee to $34 per ton. City Manager Noe remarked that the city would only control their rates, not the rate Santek would charge the private haulers. Mr. Scott asked Mr. Klein to discuss the legal issues of permitting a landfill near the airport, in light of today's discussion. Mr. Klein said that Santek, in partnership with the city, would make every effort to seek an exemption from the FAA to build the landfill. He believed they would receive the permit. Mr. Reining said that the city would run the risk of being disbarred from receiving any federal funding, or having to pay back federal funds already received, if they were to proceed with plans to build the airport. Mayor Neal asked for public comment. Mr. Sirfrederickvoneugeniusallabben King 72, 905 Cleveland Street #4, spoke regarding his concerns about lost revenues involving the landfill, and spoke against the privatization of landfill operations. Ms. Cooper made a motion to proceed with the development of the Cefe Valenzuela site, seconded by Mr. Kinnison. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 23, 2004 - Page 24 26. MOTION NO. 2004-113 Motion to proceed with the development of the Cefe Valenzuela landfill site. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained. Mayor Neal deviated from the agenda, and asked City Secretary Chapa to poll the Council for their votes on the following motions resulting from the executive sessions: 27. MOTION NO. 2002-114 Motion authorizing the City Manager, or the City Manager's designee, to contribute $66,125 to fund the Supplemental Environmental Project Agreement between the Coastal Bend Bays and Estuaries Program, Inc. and Texas Commission on Environmental Quality, as required by the City's Agreed Order with the Texas Commission on Environmental Quality relating to Notice of Enforcement Action, City of Corpus Christi Broadway Wastewater Treatment Facility, 1402 W. Broadway, Corpus Christi, Nueces County, Texas, TPDES Permit No. 10401-005; RN101610186, Docket No. 2003-1347-MWD-E; CCEDS Case No. 10113. The foregoing motion was made, seconded and passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 28/29. MOTION NO. 2004-115 Motion authorizing the City Manager to execute an amendment to the legal services agreement with James R. Bray to represent the City in negotiations with AEP Central Power and Light Company for a new franchise agreement, for legal work relating to the implementation of uniform pipeline fees, and other ongoing projects, at an hourly rate of $50.00, plus expenses, subject to certification of funds. The foregoing motion was made, seconded and passed with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for the City Manager's report. City Manager Noe announced that on March 11, the FAA named the city's airport as Airport of the Year. He said the FAA would come to Corpus Christi on April 13 to formally present the award during a Council meeting. He said this Friday at 11:00 a.m., a Tree Planting Ceremony would be held at the Korean Baptist Church to commemorate the completion of the NIP program in the Williams/Staples/Holly/Everhart area. He thanked those who expressed their sympathies at the loss of Officer Segovia last week. City Manager Noe stated that the following items were scheduled for consideration on March 30: presentation on the Velocity Games; code amendments regarding littering; and Padre Desal Minutes - Regular Council Meeting March 23, 2004 - Page 25 facility update. Mayor Neal called for Council concerns and reports. Mr. Chesney asked the Mayor about arranging a time for a presentation for the West Oso Boys Basketball team. Mayor Neal said he had discussed with Mr. Noyola, and he said he would participate. Mr. Chesney reminded the Mayor that he would like to discuss the merits of the privatization of landfill operations. Mayor Neal said they would schedule it once the city was ready to take the next step in the discussions. Mr. Garrett publicly commended the police officers directing traffic on the Island during Spring Break. He wished a speedy recovery to Officer Kevin Price, who was hurt recently. He asked if it would be possible to extend the permit to use field dirt to fill in properties for longer than one week ($250 per week). City Manager Noe said he would look into the matter. Mr. Colmenero said he had heard reports about a hole at the intersection of Clark and Vanderbilt streets. He also gave Mr. Noe a letter regarding a hole near a home on Ohio Street. Mr. Colmenero said he had received a letter from a woman in Robstown asking ifa closed captioning signboard would be provided at the new arena. City Manager Noe said staffhad received the same letter, and was preparing a response. Finally, Mr. Colmenero said a citizen reported that he had received a traffic citation in an H.E.B. parking lot. City Manager Noe said he would investigate. Mr. Noyola congratulated the West Oso Bears for going to the state tournament. He also congratulated all the other basketball teams for a fine season. Mr. Noyola asked if staff had spoken to Mr. Ram Chavez about a building for the G.I. Forum. Assistant City Manager Margie Rose said she had spoken with Mr. Chavez, and he said he would submit a letter explaining what they needed. Mr. Noyola said he had met with a county commissioner recently, and he hoped the Commissioners' Court would place the city on their agenda to discuss county jail issues. If not, he suggested that the Council hold a joint meeting with the Commissioners' Court for a jail discussion. Mr. Kinnison asked if it would be possible to meet on April 6 instead of April 13. Mr. Kelly spoke in support of Mr. Kinnison's request. Mayor Neal said he would prefer to keep the meeting date on April 13, but the Council would take Mr. Kinnison's request under advisement. Ms. Cooper expressed her concern that the level of gang violence and illegal drug activity in the community seemed to be escalating. City Manager Noe replied that the first months of the year have been more violent than usual. He said he would provide a report on the matter. Mayor Neal thanked the County Judge for promptly responding to the city's request regarding wastewater issues. Mayor Neal also asked City Attorney Fischer to ensure that Mr. Gordy's issues with the Council's Chamber of Commerce membership dues be resolved once and for all. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 3:55 p.m. on March 23, 2004. 2 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of two (2) sport utility vehicles (SUV's) from the Houston-Galveston Area Council of Govermnent (HGAC), for the total amount of $51,581.40. The award is based on the cooperative purchasing agreement with HGAC. The vehicles will be used by the Police Department. Funding is available from the FY03-04 Capital Outlay Budget in the Maintenance Services Fund. BACKGROUND: Purpose: The vehicles will be used by the Police Department to patrol the beach and beach roadways. 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 participating 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 vehicles. Funding: Maintenance Services 550020-511~-40120 Capital Outlay Item No. 106A PM~chael Barrera, C ~w ~ Procurement & General Services Manager $51,581.40 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03~30~2004 AGENDAITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $25,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $25,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas continues to lead the nation in the number of DWI deaths, injuries and alcohol related crashes, Funds are available to conduct a special Driving While Intoxicated overtime enforcement program. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the period of June 28 - July 11, 2004. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make a minimum of 90 DWI arrests during this time period. This is the first year of this type of mobilization grant and the second of its type this year. A previous grant in the same amount funded a December enforcement period. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the State providing 100% of the salary, retirement, and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. P.%lvarez, Jr.~________~" Chief of Police Attachments: TXDOT Contract Texas Highway Traffic Safety Program GRANT/CONTRACT DELIVERY MEETING Form 1764 (Rev. 4/2002) GSD-EPCWord 97 Page I of 1 Project: Impaired Driving Mobilization STEP Corpus Christi Police Department Misc. Contract No.: 584XXF6123 Charge Number: 04-02-02-B2-CM Delivery Meeting Date: ~-~0~ - ~ Location: 0..~,~ A. Participants (name, title, and organization) Pat Eldridge, Grant Administrator, Corpus Christi Police Department Sherry M. McLeroy, Transp. Funding Specialist, TxDOT B. Topics Discussed [checklist] [] 1. [] 2. [] 3. [] 4. [] 5. [] 6. [] 7. [] 8. [] 9. 10. 11. 12. What is expected of the subgrantee or performing agency, including reports. What is expected from TxDOT personnel. How the project will be monitored. Preparation and submission of the RFR. What costs will be eligible for reimbursement by TxDOT. What documentation is required for expenditures. Project objectives and performance goals. Evaluation of project results. Preparation and submission of the Performance Report (including underrums and overruns) and the AER Grant/contract contents. Audit requirements, records retention. Other (describe Copy of this Form g~ven to: Subgrantee/Performing Agency [date] ~)~//~. ~ ~L/~/~t/ District Staff [date] TRF Staff [date] Signed Misc. Contract Number: 584XXF6123 Charge Number: 04-02-02-B2-CM PIN: 17460005741000 AMENDMENT # 1 TO TRAFFIC SAFETY GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AMENDMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and City of Corpus Christi, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. WITNESSETH The Department and the Subgrantee executed a grant agreement on 12/18/03 to conduct a traffic safety project generally described as Impaired Driving Mobilization STEP; and, On the front page, the grant agreement specifies that tho grant completion date is August 31, 2004 unless thc grant is terminated or otherwise modified; the grant needs to be amended to extend the ~mt to include the July 2004 mobiliTati~n and include the additional funding amount; and, The Agreement establishes the maximum mount payable under the grant agreement as $25,000.00, unless modified in writing through an amendment to the grant agreement; the grant amount needs to be increased to add an additional (twenty five tho. qand) dollars in state funds for enforcement; and, Attachment A to the grant agreement includes thc Approved Project Description for the project; The Objeetive/Performanee Goals, Responsibilities and Action Plans need to be amended to add the July 2004 mobilization; and, Attachment B to the grant agreement included the Approved Project Budget for the project; The budget neeeds to be amended to add ($25,000] to the grant for conducting an additional Impaired Driving Mobilization; and, NOW, THEREFORE, premises considered, the Department and the Subgramee agree that the grant agreement is amended as follows. AGREEMENT · The Maximum Amount Eligible for Reimbursement is amended to read as follows: $50,000.00 · Attachment A, Approved Project Description, is revised to read as follows: Revised as attached · Attacbanent B, Approved Project Budget, is revised as attached: See attached budget Traffic Safety Grant Agreement Amendment Pqge l of 1 TxDOTForm 2078 (rev. 1/15/2003) THE TEXAS TRAFFIC SAFETY PROGRAM AMENDMENT # _1 TO GRANT AGREEMENT Misc. Contract Number: 584XXF6123 All other provisions remain m full force and effect, unchanged by this amendment. IN WITNESS WHEREOF, THE parties to this amendment have signed duplicate counterparts. THE SUBGRANTEE THE STATE OF TEXAS City of Corpus Clmsti [Legal Name of Agency] By ~~A~dzed Signature] George K. Noe, City Manager [Name and Title] Date Executed by and approved for the Texas Tmnsl~rtation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Tmnsporta'don Commission. Texas Departmem of Transportation ^'FIEST: [Signature] [Narae and Title] Under authority of Ordinance or Resolution Number (for local govermments): Director, Traffic Operations Division Date Trq~c Safety Grant Agreement Amendment Page 2 of 2 TxDOT Form 2078 (rev. 1/15/2003) ATTACHMENT A Revised 11/24/03 APPROVED PROJECT DESCRIPTION FY 2004 Impaired Driving Mobilization STEP Ci_ty of Corpus Christi SUBGRANTEE PROBLEM STATEMENT: Texas continues to be the national leader in the number of Driving While Intoxicated (DWI) deaths, injuries and alcohol related crashes in the nation. In 2000, Texas had 16,080 reported alcohol-related crashes, with 898 of those crashes resulting in death. Many of these deaths could be prevented. In an effort to reduce economic and personal losses, Texas will be conducting two (2) targeted Impaired Driving Mobilizations in conjunction with the national mobilizations (Dec. 19 - Jan. 4, 2004; and June 28 - July 11, 2004). Many Texas law enforcement agencies do not have the resources to enhance their enforcement efforts to focus on the impaired driver. Some federal traffic safety funding has been provided over the years to various agencies for DWI selective traffic enforcement projects (STEP) and these programs have been extremely successful. In order to decrease DWI, DWI crashes, deaths, and injuries in Texas, additional enforcement, along with a highly visible media campaign, is the key. OBJECTIVES/PERFORMANCE GOALS: Objective: To conduct (2) two hnpaired Driving Mobilization STEPs by August 31, 2004. Performance Goals: To make a minimum of 90 DWI arrests under this grant during the December 19, 2003 - January 4, 2004 Impaired Driving Mobilization. To make a minimum of 90 DWI arrests under this grant during the June 28, 2004 - July 11, 2004 Impaired Driving Mobilization. To complete administrative and general grant requirements for fiscal year. To support grant enforcement efforts with a public information and education (PI&E) program for each mobilization. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer make a specified or predetermined number of arrests in pursuance of the Subgrantee's obligations hereunder. HI. PERFORMANCE INDICATORS: The following performance indicators shall be included in the Performance Reports, Annex Reports, and summarized in the Administrative Evaluation: A. Number and type of citations/arrests issued under the Impaired Driving Mobilizations. C. D. E. Subgrantee total number and type of citations/arrests including STEP. Number of Impaired Drying Mobilization STEP enforcement hours worked. Maintenance of non-Impaired Driving Mobilization STEP activity. Number of officers working Impaired Driving Mobilization STEP trained in the Standardized Field Sobriety Testing (SFST). Number of news conferences. A minimum of(l) one news conference must be conducted for each mobilization. Number of public information and education materials distributed (by item) provided by statewide media contractor. Number &news releases issued. A minimum of(2) two news releases must be issued for each mobilization. Number of alcohol-related crashes during the mobilizations. RESPONSIBILITIES OF TIlE SUBGRANTEE: A. Carry out the objective/performance goals of this grant by implementing the Action Plan in this attachment. B. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms. All FY 04 AERs are due on October 15, 2004, for IDM activity. An electronic version of the AER must be submitted to the Department by the due date. C. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department as indicated in the Action Plan to present status of activities, discuss problems and schedule for the following quarter's work. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. D. No out of state travel is allowed under this grant agreement. E Maintain verification that wages or salaries for which reimbursement is requested are for work exclusively related to this project. F. In addition to the Impaired Driving Mobilization enforcement activities, maintain the agency's total non-STEP enforcement citations at no less than the level attained prior to grant approval. Ensure that the enforcement hours worked under the grant are for Impaired Driving Mobilization enforcement activities. Ensure that each officer working on the Impaired Driving Mobilization project will complete an officer's daily report form. At a minimum, the form should include: name, date, badge number, type grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type citation/arrest, officer and supervisor signatures. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty. Support enforcement efforts with public information and education in coordination with statewide efforts. Require that all officers assigned to work DWI enforcement are trained in the NHTSMIACP Standardized Field Sobriety Testing (SFST). Provide a letter to the Department from the enforcement agency head, trahfing officer, or authorized individual stating that the officers working the grant are trained. Subgrantees with a Traffic Division will utilize traffic persom~el for this grant unless such perso~mel are unavailable for assignment. Ensure that salaries for employees reimbursed under this grant are either overtime pay or additional hires. In no case will federal funds supplant (i.e., replace existing state or local expenditures with the use of federal grant funds) Subgrantee wages for activities which are already supported by local or state funds. Submit performance reports to the Department within (15) fifteen days after the enforcement period, January 19, 2004, for the first mobilization, and July 26, 2004 for the second mobilization. See Line Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant period. If an officer makes an Impaired Driving Mobilization related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. The Subgrantee must enter all Performance and Annex Report data into the Buckle Up Texas Website (www.buckletCtexa$ corn) prior to submission of the hard copy reports to the Department. Printed versions of the Website reports are acceptable versions for hard copy submissions. V. RESPONSIBILITIES OF THE DEPARTMENT: Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. Provide program management, technical assistance, and attend meetings as appropriate. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated on the cover page of this agreement. Perform an administrative evaluation of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objective/performance goals. OPERATIONAL PLAN: FY 2004 Impaired Driving Mobilization STEPs SITE DESCRIPTION Enforcement Period (dates and range of acceptable times during which enforcement should be conducted) December 19 - 23, 2003 (6:00 p.m. - 6:00 a.m., daily) Impaired Driving Mobilization December 24 - 26, 2003 (24 hours per day) Surisdicfien wide December 27 - 30~ 2003 (6:00 p.m. - 6:00 a.m., daily) December 31 - January 4, 2004 (24 hours per day) June 28 - July 2, 2004 (6:00 pla_ - 6:00 sm. daily) July 3 - 6, 2004, (24 hour per day) Jub~ 7 - 11, 2004, (6:00 p.m. - 6:00 a.m. daily) FY 2004 Impaired Driving Mobilization STEP Schedule Campaign ~ December 1, 2003 -Januar~ 04, 2004 Enforcement Mobilization Media January December 2_004 ~ Post- : £nf°FCement M°b~tion Media June Jul3' Description of Activities Pre-Media Campaign Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, whea'e, how and why the DWI law is being enforce& Enforcement Mobilization ' Intensify overtime enforcement by placing primary emphasis on increasing the number of arrests for DWI during both mobilization periods. Post-media Campaign · · Conduct local media events to tell the public why additional alcohol enforcement is unportant and the results of the mobilization. FY 2004 ACTION PLAN OBJECTIVE: To conduct (2) two Impaired Driving Mobilization STEPS by August 31, 2004. KEY: P =planned activity C = completed activity R = revised Administrative and general grant requirements. IDM STEP 5/03 PROJECT MONTH ACTIVITY RESPONSIBLE DC JA FE MR AP MY JN JY AU SE OC NO DE 03 P 1. Grant delivery meeting held. Department P P 2. Requests for Reimbursement submitted. Subgrantee P P 3. Performance and Annex Reports submitted. Subgramee P P 4. Grant progress review meeting. Subgrantee & Department P 5. Conduct on-site monitoring visit. Department P 6. Administrative Evaluation submitted for each Subgrantee FY. P 7. Submit letter regarding signature authority. Subgrantee 8. Submit SFST training letter. Subgrantee P P 9. Submit operational cost per vehicle mile (if Subgrantee applicable). P P P P 10. Conduct enforcement efforts. Subgrantee IDM STEP 5/03 2004 ACTION PLAN OBJECTIVE: To conduct (2) two Impaired Driving Mobilization STEPs by August 31, 2004. KEY: P = planned activity C = completed activity R = revised Public information and education (PI & E) activities requirements. IDM STEP 5/03 PROJECT MONTH ACTIVITY RESPONSIBLE DC JA FE MR AP MY IN JY AU SE OC NO 03 P P 1. Contact the Department regarding PI&E Subgrantee procedures and planning to coordinate with statewide efforts. P P P 2. Distribute materials provided by Department's Subgrantee P statewide media contractor. P P P P P P P P P 3. Maintain records of all PI&E materials Subgrantee P received/distributed. P 4. Report on activities in Performance Report. Subgrantee P P P P 5. Conduct news conference(s). Subgrantee P P P 6. Issue news release(s). Subgrantee P P IDM STEP 5/03 Attachment B Fo~n 2077-LE (rev. 8/2002) (GSD-EPC Word 97) Page 1 of 2 Traffic Safety Project Budget (for Law Enforcement Projects) Project Title: Impaired Driving Mobilization STEP (FY 2004) Name of Subgrantee: City of Corpus Christi (Round figures to nearest dollar) Other/ Tx, DOT State/Local TOTAL Budget Category I - Labor Costs (100) Salaries [] Overtime or [] Regular Time Salary rates are estimated for budget proposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee' s payroll policy and salary rate. List details: A. Enforcement (overtime) 1. Officers: 1,185.00 hrs. ~ $34.60 per hr. 2. Sergeants: hrs. ~ $ per hr. 3. Lieutenants: __ hrs. ~ $ per hr. B. PI&E Activities (overtime) [not to exceed 10% of Total Salaries budgeted (100)] C. Other (i.e., overtime staff, supervismy support, conducting surveys, in-house insh-uctors for OP violators course) [not to exceed 10% of Grand Total Budget Amount] Specify: administrative paperwork 16.00 hrs. ~ $34.60 per hr. Total Salaries .......................................................................... (200) Fringe Benefits List details: A. FICA 7.65% B. TMRS 11.75% C. TMRS 11.96% (rate chanqe 01101104) D. Total Fringe Benefits .............................................................. (300) Travel and Per Diem* ................................................... Reimbursements will be based in accordance with Subgrantce' s travel policy, not to exceed state rates. I. Total Labor Costs (100 + 200 + 300) ........................................ 41,001 41~001 0 0 0 554 554 41~55 0 41~55 3,179 3t179 2,443 2,443 2,483 2~483 0 8,105 0 8,105 0 0 0 49,660 0 49,660 * Budget Detail: As an attaclunent to the budget, a justification and a detailed cost breakdown is required for all costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost Rates (800) TxDOT Form 2077-LE (rev. 8/2002) (GSD-EPC Wold 97) Page 2of2 Attachment B Project 'rifle: Impaired Driving Meifilization STEP (FY 2004) Subgrantee: City of Corpus Christi (Round figures to nearest dollar) Other/ TxDOT State/Local TOTAL Budget Category H- Other Direct Costs (400) Equipment* ................................................................... (500) Supplies* ........................................................................ (600) Contractual Services* ................................................... (700) Other Miscellaneous* A. Subgrantee Vehicle Mileage: Rates used only for budget estimate. Reimbursemeat will be made according to the approved subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate. Documentation of cost per mile is required prior to reimbursement. 971.00 miles ~ $0.3500 per mile B. Registration fees (~g, w~hom, conf~cr, c~ ~t¢.) ................. C. Public information & education (PI&E) materials ................ 1. Educational items = $.__ (eg.: brochures, bumper stickers, pesters, fliers, etc.) 2. Promotional items = $ (eg.: key chains, magnets, pencils, p~ns, mugs, etc.) D. OLher* ................................................................................ Total Other Miscellaneous ..................................................... lL Total Other Direct Costs (400 + 500 + 600 + 700) .................. 0 0 0 0 0 0 0 0 0 340 340 0 0 0 0 0 0 ~40 0 340 340 0 340 Budget Category m - Indirect Costs (800) Indirect Cost Rate* (at %) .................................... 0 0 0 Summary: Total Labor Costs ................................................................... 49,660 0 49,660 Total Other Direct Costs ........................................................ 340 0 340 Total Indirect Costs ............................................................. 0 0 0 Grand Total (I+H+HI) ................................................. 5o,oo0 o 5o,ooo Fund Source~ (Percent Share) ................................................... 100.00% 0.00% * Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cost Rates (800) Project Title: Impaired Driving Mobilization STEP Name of Subgrantee: Ci_ty of Corpus Christi Budget Detail BUDGET CATEGORY I - LABOR COSTS (100) Salaries A. ENFORCEMENT (overtime) I I 1. Officers: 118.· louts (4 officers, 9 hours, 31 days) ~ $34.6~ per hour** = $41,001.00 $ 41,001 $ $ 41,001 2. Sergeants: 0 hours ~1 $o.0c per hour= $ $ $ $ 3. Lieutenants: 0hours (~{ $0.0C per hour = $ $ * $ B. PI&E ACTIVITIES (overtime) $ $ $ [not to exceed 10% of (100) salariesJ OTHER Ihours ~ per hour = C. (i.e., overtime staff, supermsu~ support, conducting sun, eys, in-house instructors for OP violators course: not to exceed 10% of total grant mount) Type, # hours, rate = 1. Officers: administrative paperwork 16hours ~ $34.60 ~rhour= $ 554 $ $ 554 TOTAL SALARIES $ 41,555 $ $ 41,555 (200) Fringe Benefits A. Rate: (ff not included in hourly rate) 19.40% $ 8,105 $ $ 8,105 FICA 7.65% TMRS 11.75°/, TMRS 11.96% rate change 01/01/04 TOTAL FRINGE BENEFITS I $ 8,105 $ $ 8,105 (700) Other Miscellaneous A. SUBGRANTEE VEHICLE MILEAGE 9711miles* at l$0.3500 {per mile = $ 340 340 $ $ $ - $ 340 J:\GRANTS\STEPXDWI~DWI SPECIAL\SUMMER 04~BUDGET NARRATIVE.DOC 1/21/2004 ORDINANCE APPROPRIATING $25,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That $25,000 is appropriated from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in the No. 1061 Police Grants Fund. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 22; 2004 Lisa Aguila~,) Assistant CTty Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenem Henry Garrett Bill Kelly Rex ^. Kinnison Jesse Noyola Mark Scott 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2004 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a contract from the Area Agency on Aging of the Coastal Bend for the continuation of the FY 2004 Elderly Nutrition Program. Item B: Motion authorizing the City Manager, or his designee, to accept a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program. Item C: Ordinance appropriating a grant in the amount of $196,830 from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program in the No. 1067 Park and Recreation Grant fund; and declaring an emergency. ISSUE: A Request for Proposal is submitted on an annual basis for the continuation of the Elderly Nutrition Program. The Area Agency on Aging of the Coastal Bend submits a contract for services as outlined in the proposal. This is then followed by periodic funding contract documents designated as Notification of Funds Available which are appropriated upon receipt of final funding award. A Request for Proposal is submitted on an annual basis for the continuation of the Title XX Meals on Wheels Program. The Texas Department of Human Services submits the formal contract and funding documents which must be formally accepted and appropriated each year. The City matching funds for Senior Community Services programs were approved in this year's budget and appropriated in the No. 1067 Federal and State Grant Fund. Authorization for the program grants will be for the period October 1, 2003 through September 30, 2004. REQUIRED COUNCIL ACTION: City Council action is required to authorize the acceptance of this contract from the Area Agency on Aging of the Coastal Bend. Authorization is also required to accept a contract and appropriate a grant from the Texas Department of Human Services, Title XX Meals on Wheels Program. PREVIOUS COUNCIL ACTION: On September 4, 2003, City Council accepted and appropriated a grant from the Area Agency on Aging of the Coastal Bend for the FY 2003 Senior Community Services, Elderly Nutrition Program. The contract must be renewed on an annual basis and appropriations of funds are requested upon receipt of final funding award notice. City Council accepted and appropriated a grant from the Texas Department of Human Services on December 12, 2002 for the FY 2003 Title XX Meals on Wheels Program. FUNDING: Does this item commit to an expenditure of funds? Yes X No __ CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept a contract from the Area Agency on Aging of the Coastal Bend for the continuation of the FY 2004 Elderly Nutrition Program and to accept and appropriate grant funds for the Texas Department of Human Services, Title XX Meals on Wheels Program. ead Signature) BACKGROUNDINFORMATION BACKGROUND: The City receives funding for senior citizens programs through federal and state grants. The City has submitted federal grant funding Request for Proposals for the Eldedy Nutrition Program and the Title XX Meals on Wheels program. The Area Agency on Aging of the Coastal Bend has submitted a contract for services as outlined in the Request for Proposal for the Eldedy Nutrition Program for FY 04. The Texas Department of Human Services has notified the City that State grant funds are available for the Title XX Meals on Wheels program for FY 04. The Eldedy Nutrition Program (ENP) provides social services and a nutritious lunch to persons 60 years of age or older at nine (9) senior centers located throughout the City. During FY 03 we served 143,698 meals to 2000 senior center members. The centers also provide recreational, wellness and direct social services for persons age 50 and older, and benefits counseling services to those 60 and over. City staff provided 851 hours of benefits counseling services to 200 older adults in the City. The grant also provides funding for the Home Delivered Meal Program, which delivers a nutritious, well-balanced meal to homebound seniors in the City. The meals are prepared in the City's state of the art Nutrition and Education Service Center and delivered to eligible clients Monday through Friday. The menus are certified by a dietician, and meet 1/3 of the recommended dietary allowance. During FY 03, this program served 90,988 meals to 600 clients. These federal funds do require a local match, which is budgeted as part of the FY 03-04 City budget. The Title XX Meals on Wheels Program (MOW) provides a home delivered nutritious lunch to elderly and/or disabled persons throughout the City. The participants in this program are screened and referred to Senior Community Services by TDHS staff. During FY 03, this program served 44,689 meals to 300 clients. The City provides matching funds for the operations of the Senior Community Services program. The general fund match was budgeted as part of the FY 04 City budget and was appropriated in September 2003. ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $196,830 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES FOR THE FY 2004 TITLE XX MEALS ON WHEELS PROGRAM IN THE NO. 1067 PARK AND RECREATION GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $196,830 is appropriated from the Texas Department of Human Services for the FY 2004 Title XX Meals on Wheels Program in the No. 1067 Park and Recreation Grant Fund. SECTION 2. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: March 22, 2004 Lisa Aguilar Assistant City'-Attomey for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 5 AGENDA MEMORANDUM DATE: March 30, 2004 AGENDA ITEM: Street Closure Request for Velocity Games SUBJECT: Motion approving the application from Idea Worldwide, L.L.C. to temporarily close the following street sections for the Velocity Games: East Shoreline Boulevard (northbound) including the parking lane, from Furman Avenue to Park Avenue, maintaining an 18-foot emergency lane on the east side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00a.m. East Shoreline Boulevard (northbound) from Park Avenue to Coopers Alley, maintaining an 18-foot emergency lane and traffic circulation lane on the west side of this section beginning at 6:00 a.m. on Tuesday, May 25, 2004 until Tuesday, June 1, 2004 at 12:00a.m. ISSUE: The Velocity Games will require the temporary closure of sections of Shoreline Drive and required Council approval. FUNDING: N/A RECOMMENDATION: Staff recommends approval of the motion as presented. / '~ge~ ~,'. Escobar, P. E., E)irector of Engineering Services Additional Support Material: Exhibit "A" Location Map ONE LANE TEMPORARY PARTIAL CLOSURE (SEAWALL SIDE) FOR ANGLE PARKING AND CIRCULATING TRAFFIC PATTERN &: 18' WIDE EMERGENCY LANE. TEMPORARY FULL STREET CLOSURE W/18' WIDE EMERGENCY LANE ~ EXH!BIT "A" SUBJECT. VELOCITY GAMES 2004 TEMPORARY STREET CLOSURE SITE MAP Traffic Engineering Div. Engineering Services Dept. 6 AGENDA MEMORANDUM DATE: March 30, 2004 SUBJECT: Capital Improvement Program Project Development Assistance AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services in the amount of $137,948.75, for a total m-stated fee of $437,523.75, with Goldston Engineering, Inc. for Capital Improvement Program Project Development Assistance. ISSUE: The proposed project includes developing scopes, budgets, and schedules for the Capital Improvement Program. The original contract included twenty-four (24) street projects and twenty-nine (29) storm water projects. Some of the projects include multiple parts and require a substantial amount of field work and analyses due to the complexity of the project. Many of the projects require phasing; and therefore, the total number of projects is approximately seventy-five (75). The increased number of projects and the complexity of the projects require a significant amount of work on Goldston Engineering, Inc. to produce the individual project reports. Furthermore, the original contract was based on an 11.5 week schedule that approximately began September 1, 2003 and was to be complete approximately mid-November 2003. The actual work ended February 5, 2004. The proposed Amendment No. 1 covem the time extension to complete the work; and because the fee exceeds the minimum $25,000 limit, this item requires City Council Action. FUNDING: Funds to finance the project are available in the FY 2002-2003 Capital Improvement Program Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Valerie Gray, P. E. Director of Storm Water Foster Crowell, Director of Wastewater Services Eduardo Gara~a Director of Water Services '~n~'el R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information H:\USERS2V-IOME\VELMAR\GENICIP~,GENOA GOLDSTON AMD. NO I~AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Capital Improvement Program Project Development Assistance (Project No. 90078) AMENDMENT NO. 1 PRIOR COUNCIL ACTION: 1. December 17, 2002 - Approval of the FY 2002-2003 Capital Improvement Budget (Ordinance No. 025144). 2. September 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services in the amount of $299,575 with Goldston Engineering, Inc. for Capital Improvement Program Project Development Assistance (Motion No. M2003-331). PROJECT BACKGROUND: The City contracted with Goldston Engineering, Inc. for project development assistance on September 16, 2003. Assistance from a consultant firm was deemed advisable to ensure that the City's Capital Improvement Program would be completed in a timely manner. The contract included twenty-four (24) Street Capital Improvement Projects and twenty-nine (29) Storm Water Capital Improvement Projects. Due to the increased level of project activity and the need to complete the City's Capital Improvement Program, additional project development assistance services was warranted to ensure the proper completion of the City's FY 2003-2004 Capital Improvement Budget. AMENDMENT NO. 1: The proposed Amendment No. 1 includes developing scopes, budgets, and schedules for the Capital Improvement Program. Because some of the projects include multiple parts, they require a substantial amount of field work and analyses due to the complexity of the project. Also, many of the projects require phasing; and the total number of projects is approximately seventy-five (75). The increased number of projects and the complexity of the projects require a significant amount of work on Goldston Engineering, Inc. to produce the individual project reports. Goldston Engineering, Inc. has prepared several templates and cost estimating formats that insure consistency of all submitted files. The drawings are CAD-produced and the text is in typed format. All of the information has been submitted electronically for filing and reproduction purposes. The reports provide the City with practical and cost effective solutions to the projects. Furthermore, the original contract was based on an 11.5 week schedule that approximately began September 1, 2003 and was to be complete approximately mid-November 2003. The actual work ended February 5, 2004. The proposed Amendment No. 1 also covers the time extension to complete the work; and because the fee exceeds the minimum $25,000 limit, this item requires City Council Action. EXHIBIT "A" Page 1 of 1 7 AGENDA MEMORANDUM March 30, 2004 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute Change Order No. 8 for the Multi-Purpose Arena in the amount of $362,039.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications. FUNDING: Funding is available from the Arena CIP Funds. RECOMMENDATION: Approval of the ordinance and motion as presented. / ,~n~;;l~l/R. Escobar, P.E. ' Dit'ector of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Actions Change Order Summary Project Budget Location Map H:~HOM E'~EVlNS\GENV~rena\COSMemo.doc ADDITIONAL INFORMATION SUBJECT: Multi-Purpose Arena - (Project No. 4236) BACKGROUND: This complex project has resulted in a number of Council and administrative actions. A summaryofthe more significant actions is attached. See Exhibit B. CHANGE ORDER No. 8: Change Order No. 8 provides for 19 change order items. The highest cost item is for $100,739 (PCO/CR No. 53) which modifies the smoke evacuation system to allow it to be used for the removal of engine exhausts and smoke from pyrotechnic shows. The smoke evacuation system is being modified by the installation of variable frequency drives (VFD's) and controls. This allows the smoke evacuation system to operate at less than full capacity. The VFD's and controls permit the evacuators to operate at less than full capacity. This is necessary to prevent the rapid removal all conditioned air from the Arena, which would then be replaced by high humidity, ambient temperature air from outdoors, which is not recommended. Other items affected by this change order include: · The next most expensive item is for $34,370 (PCO/CR No. 63) which revises Stair No. 14 in the southwest corner of the facility. · The provision of electric power to the score board (PCO/CR79) will cost $32,013. This was not included in the plans pending a final decision as to the location and electrical requirements of the scoreboard. · Fire pump wiring modifications (PCO/CR No. 56) to the main switchboard and emergency power generator is necessary to allow the pump to be disconnected during maintenance - $30,931. · The location of electrical switchgear (PCO/CR No. 78) is being revised to avoid conflicts with the emergency generator - $27,683. · The quantity and type of lighting fixtures (PCO/CR No. 66) at the elevators is being changes from a strip to a track type lighting - $26,797. · Room layouts at the Event Level around the Police Iockup area were modified (PCO/CR No. 28) to have fire alarm/control panels in a fire rated area, eliminate non- rated windows, and install fire rated doors - $22,308. · The addition of granite base inside the Arena (PCO/CR 60) to reflect granite locations on the exterior of the building will cost $18,551. · The installation of CMU walls (PCO/CR No. 58) inside restrooms will separate the room from raker areas of with a ceiling height of less than 6-ft. 8-inch - $16,245. This replaces toilet partitions that had a 6-inch gap at the bottom that provided in no access to clean behind the partition. H:\HOM E\KEVINS\GEN~Arena\COSBkgExhA.doc IEXHIBIT "A"I Page 1 of 2 · Duct work, sprinkler heads, light fixtures, HVAC diffusers, etc. are being raised to an elevation of 12-feet (PCO/CR No. 62) from 10-feet in all public concourses to avoid conflicts with the graphics and signage package - $14,470. · Additional work is required to undercut lintel angles to maintain a 3/8-inch joint associated with stone coursing revisions (PCO/CR No. 60) requested bythe architects - $14,015. · The extension of the fire sprinkler system into the central plant (PCO/CR No. 51) is necessary to meet code - $11,489. · The addition of cast in place concrete steps (PCO/CR No. 90) changes the single riser to a double step riser- $10,682. Some locations had only a single riser with a height of 8-1/2 inches which was deemed to be too high. All the other items are less than $7,000 each. They include such items as: · Raise ductwork, light fixtures, HVAC diffusers in concession areas to 10-ft. 6-in. - $6,805: · increase the size of vertical and diagonal supports on structural steel truss members - $2,657; · Provide connecting link between the iConvention Center and Arena to allow the separate fire alarm panels to communicate with each other as a single building - $2,399; · Install burnished block to 12-ft. above the finished floor and sheetrock to to ceiling - $1,332; · Change finish of suite overhead coiling grills from stainless to mill and delete four electric motors ($16,772). FUTURE COUNCIL ACTIONS; Council will be requested to award a construction contract or change order for the reconstruction of Shoreline in front of the Arena and Convention Center. This will require the subsequent award of construction and testing contracts. SMG is developing several furnishings, fixture and equipment packages that are not part of the construction contract. These packages being developed by SMG include: · Scoreboard; · Signage; and · Other FFE items. FUNDING: The change order will be funded by the Arena CIP Fund. The project budget is attached. See Exhibit D. H:\HOME\KEVINS\G EN~Arena\CO8Bkg ExhA.doc EXHIBIT "A" I Page 2 of 2 PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility ClP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001~2002 Budget and appropriating funds as set forth (Ord. No. 024528). August 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:~HOM E~KEVlN S\GENV~rena\COSPriorActionsExhB.doc EXHIBIT B Page 1 of 4 August 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). H :'~HOME~KEVIN S\GEN~Arena\COSPriorActions Exh B.doc December 17, 2002- a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 ClP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of the Area; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) M2002-430. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013. January 21,2003 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003- 032). May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon, Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other systems (M2003-173). July 8, 2003 - · Ordinance appropriating $30,485 in unappropriated interest earnings from the Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch water line and two fire hydrants for the multiple purpose arena; amending the Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $30,485. · Motion to authorize the City Manager, or his designee, to execute a Change Order No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions including masonry, plumbing, water main, fire hydrants, electrical, mechanical, structural steel, telecommunication, fire standpipes, fire protection, and solid plastic toilet partitions. July 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-260). November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003-414). December 16, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 6 for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various mechanical modifications (M2003-456). February 24, 2004 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 7 for the Multi-Purpose Arena in the amount of $81,589.00 with Fulton EXHIBIT B Page 3 of 4 H :~HOME~KEVIN S\GENV~-ena\CO8PriorAct~onsExh B.doc Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications (M2004-064). PRIOR ADMINISTRATIVE ACTIONS: July 31,2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the amount $21,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at the upper level vomitories. FUTURE COUNCIL ACTIONS; Council will be requested to award a construction contract or change order for the reconstruction of Shoreline in front of the Arena and Convention Center. This will require the subsequent award of construction and testing contracts. Additional change orders may be necessary as construction progresses. Council will be requested to award separate contracts for the Arena Seating Package and Food Concession Equipment. SMG is developing several furnishings, fixture and equipment packages that are not part of the construction contract will require award by Council. These include: · Scoreboard; · Signage; and · Other FFE items. H:~-IOME~KEVINS\G EN~Arena\CO8PriorActJonsExhB.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET MARCH 30, 2004 PROJECT: MULTI-PURPOSE ARENA Project No. 4236 APPROVED: COUNCIL MOTION No. 2002-430 APPROVED 12/17/02 CONTRACTOR: Fulton/Coastcon J.V., LLC P. O. Box 9486 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ......................................... 35,732,798.00 8,933,199.50 Change Order No. 1 (05/13/03) ..................... Change Order No. 2 (07/08/03) ..................... Change Order No. 3 (07/22/03) ..................... Change Order No. 4 (10/31/03) ..................... Change Order No. 5 (11/18/03) ..................... Change Order No. 6 (12/16/03) ..................... Change Order No. 7 (02/24/04) .................... Change Order No. 8 (03/30/04) .................... Total ............................................................... 572 309.00 121 118.00 595 000.00 21 459.00 363 609.00 132 190.00 81 589.00 362 039.00 2,249,313.00 = 6.29% < 25% Exhibit C 1 Page 1 of 5 CHANGE ORDER No. 8 Department of Engineering Services City of Corpus Chdsfi, Texas CHANGE ORDER NO: 8 FUNDING SOURCE: $$0910-3275-00000-120810 Operating Department: Department of Enqineednq Services Name of Project: Bayfront Multi-Purpose Arena ff-4236 Contractor:. Fulton Construction/Coastcon Corp. DATE: March 9, 2004 CONTRACT TIME: 640 C.D. CHANGE AS FOLLOWS: Provide each of the following revisions as identified on the attached Pages 2 of 4 through 4 of 4 in accordance with the requirements outlined in the Contract Documents. Total Add - Lump Sum: $362,039.00 Why was this change necessa~/?. (If left off the plans and specifications, explain why) The maiodty of the attached proposed revisions include work as required to modify or complete the current set of Desiqn Documents. How can similar changes be avoided in the future? Many of these items could have been included in the odqinat scope of work if additional information would have been available at the time the contract amount was aqreed upon. A. CONTRACT PRICE ............................................. B. TOTAL CHANGE ORDERS (inc. current) ........... C. NEW CONTRACT PRICE .................................... $ D. THIS CHANGE ORDER ....................................... $ E. PERCENT TOTAL CHANGE (B/A) ....................... F. PREVIOUS ADDN'L TIME AUTHORIZED ............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME ................................. 35,732~798.00 2,249,313.00 37~982,111.00 362,039.00 6.30 % 0 CD 0 CD 0 CD Project Engineer CITY OF CORPUS CHRISTI, TEXAS f/r~it~Engineer CONTRACTOR By: Title: APPROVED: Operating Dept. Director of Management & Budget Legal Depadment Exhibit C Page 2 of 5 I Page 1 of 4 CHANGE ORDER No. 8 - ARENA Department of Engineering Services City of Corpus Chdsti, Texas a.) PCO/CR No. 28 - Provide revisions to the layout of rooms at the Event Level around the Police Lockup Area. All additional work shall be performed in accordance with Proposal Request # 009-R2 issued by TVS/ARQ/Gignac dated November 24, 2003. Fulton/Coastcon Construction Request for Change Order No. 66 dated December 30, 2003. Add = $22,308.00 b.) PCO/CR No. 5'1 - Provide a fire protection sprinkler system in the Central Plant Area. All additional work shall be performed in accordance with the response to the Request for Information No. 170 dated September 30, 2003. Fulton/Coastcon Request for Change Order No. 30 dated Nov. 3, 2003. Add = $11,489.00 c.) PCO/CR No. 53 - Provide revisions to the smoke exhaust system as required to address the pyrotechnic smoke and engine exhaust for moto-cross bike races, monster truck races and tractor pulls. All additional work shall be performed in accordance with the Proposal Request No. 29 issued by TVS/ARQ/Gignac dated November 10, 2003. Fulton/Coastcon Request for Change Order No. 60-R1 dated February 3, 2004. Add = $100;739.00 d.) PCO/CR No. 56 - Provide fire pump wiring changes to the Main Switchboard MSA & MSB One- Line Diagram and Emergency MCC 1EMCCA One-Line Diagram. All additional work shall be performed in accordance with the Proposal Request No. 30 issued by TVS/ARQ/Gignac dated November 19, 2003. This is a not to exceed pdce and a final settlement amount will be determined on a time and matedal basis. Fulton Request for Change Order No. 58 dated Dec. 22, 2003. Add = $30,931.00 e.) PCO/CR No. 58 - Provide the additional work associated with revising the Restroom walls in Rooms 1-226, 1-301, 1-306, 1-420, 2-106, 2-111, 2-113, 2-204, 2-405, 3-308, 3-403, and 3-408. All additional work shall be performed in accordance with the Proposal Request No. 32 issued by TVS/ARQ/Gignac dated December03, 2003. Fulton Request for Change Order No. 70R1 dated March 5, 2003. Add = $16,245.00 f.) PCO/CR No. 60 - Provide revisions to the granite base at the Event Level, Mezzanine Level and Upper Concourse. All additional work shall be performed in accordance with the Proposal Request No. 26 issued by TVS/ARQ/Gignac dated December 8, 2003. Fulton/Coastcon Request for Change Order No. 64 dated December23, 2003. Add = $18,551.00 g.) PCO/CR No. 60 - Provide all additional work associated with the stone coursing revisions at the extedor of the building. All additional work shall be performed in accordance with the Proposal Request No. 26R1 issued by TVS/ARQ/Gignac dated December 19, 2003. Fulton Request for Change Order No. 71 dated January 6, 2004. Add = $14,015.00 Exhibit C I Parle 3 of 5 h.) PCO/CR No. 62 - Previde all additional work associated with raising the ductwork, sprinkler heads, light fixtures, HVAC diffusers, etc. in the Public Concourses (with exposed ceilings) to 12'- 2" above finished floor. All additional work shall be performed in accordance with the Architect's Supplemental Instructions No. 13 issued by TVS/ARQ/Gignac dated November 24, 2003. Fulton Request for Change Order No. 67 dated March 3, 2004. Add = $14,470.00 Page 2 of 4 CHANGE ORDER No. 8 - ARENA Department of Engineering Services City of Corpus Chdsti, Texas i.) PCO/CR No. 62 - Provide all additional work associated with raising the ductwork, sprinkler heads, light fixtures, HVAC diffusers, etc. in the Concession Areas to 10'- 6" above finished floor. All additional work shall be performed in accordance with the memo from Arquitectonica dated December 1, 2003. Fulton Request for Change Order No. 88 dated March 3, 2004. Add = $6,805.00 j.) PCO/CR No. 63 - Revise the requirements for Stair No. 14 in the Southwest comer of the new facility. All additional work shall be performed in accordance with the response to the Request for Information No. 108R2 dated October 9, 2003. Fulton Request for Change Order No. 49R1 dated March 4, 2004. Add = $34,370.00 k.) PCO/CR No. 66 - Provide revisions to the quantity and type of lighting fixtures. All additional work shall be performed in accordance with the Proposal Request No. 28 issued by TVS/ARQ/Gignac dated December 17, 2003. Fulton Request for Change Order No. 85R3 dated March 8, 2004. Add = $26,797.00 PCO/CR No. 73 - Provide revisions to the structural steel truss members by changing the vertical and diagonal supports at the north end of the box truss to match the south end of the box truss. All additional work shall be performed in accordance with the Safety Steel Service letter dated February 11, 2004. Fulton Request for Change Order No. 57R1 dated FebnJary 12, 2004. Add = $2,657.00 m.) PCO/CR No. 74 - Provide revisions to the precast concrete and the handrails at the Handicap Area near Column Line C-13. All additional work shall be performed in accordance with the response to the Request for Information No. 177 dated October 28, 2003. Fulton/Coastcon Request for Change Order No. 65 dated December 29, 2003. Add = $5,345.00 n.) PCO/CR No. 78 - Provide revision to the location of the electrical Switchboard as required to avoid conflicts with the location of the Emergency Generator. Add additional work shall be performed in accordance with the Issued for Construction Revisions per the Architect's Supplemental Instructions No. 001 issued by TVS/ARQ/Gignac dated February 25, 2003. Fulton Request for Change Order No. 73R1 dated March 5, 2004. Add = $27,683.00 o.) PCOICR No. 79 - Provide electrical power to the Score Board at the West End of the Arena and the Marquee at the South Elevation of the Building. All additional work shall be performed in I ExhibitS I Page 4 of 5 p.) accordance with the response to the Proposal Request No. 25 dated February 6, 2004. Fulton Request for Change Order No. 84 dated February 17, 2004. Add = $32,013.00 PCOICR No. 81 - Provide a connecting link between the Convention Center and the new Arena allowing the facility to be treated as one building. This request was initiated by the Fire Marshall and will allow the two separate fire alarm control panels to communicate to one another. Fulton Request for Change Order No. 75 dated January 9, 2004. Add = $2,399.00 Page 3 of 4 CHANGE ORDER No. 8 - ARENA Department of Engineering Services City of Corpus Chdsti, Texas q.) PCO/CR No. 86 - Provide burnished block to 12' feet above finished floor and metal studs and sheetrock above to deck. All additional work shall be performed in accordance with the response to the Request for Information No. 203A dated January 16, 2004. Fulton Request for Change Order No. 80R1 dated March 5, 2004. Add = $1,332.00 r.) PCOICR No. 87 - Provide revisions to the coiling overhead grilles in the Suites. This shall include changing the stainless steel finish to mill finish and deleting four motors. All revised work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 83 dated February 4, 2004. Deduct= ($16,772.00) s.) PCO/CR No. 90 - Provide additional cast in place concrete steps as required to change the single dsers to double dsers. All additional work shall be performed in accordance with the response to the Request for Information No. 219R1 dated February 19, 2004. Fulton/Coastcon Request for Change Order No. 86 dated February 25, 2004. Add = $10,662.00 Exhibit C I Page 5 of 5 MULTI-PURPOSE ARENA PRELIMINARY BUDGET March 30, 2004 Revenues Arena Proceeds: Federal Grant Prior Year Tax Revenue Bond Proceeds Utility Proceeds Convention Center Proceeds Bond Proceeds (Appradated Nov. 26, 2002) Available Funds Expenditures Land Acquisition Sub~l Construction Contingency (2.96%) Change Order No. 1 (Structural V.E.) Change Order No. 2 (Mechanical) Change Order No. 3 (Suites) Change Order No. 4 (vomitory light fixtures) Change Order No. 5 (Ice Rink Chiller) Change Order No. 6 (Mechanical structural) Change Order No. 7 (Arch., elec., & mech.) Change Order No. 8 (Arch., elec., & mech.) Convention Center Share of Mechanical Plant A/E A/E Amendment l& 2 (split bowl, road, etc.) A/E Amd. 3 (roof inspection & renderings) Survey Pier Test (Laurence & Assoc./Large & Sons) Southwestem Bell Legal Fees (Locke, Liddell & Sapp) Facility Manager (SMG) Engineering Reimb. Administrative Charges Geotechnical Planning - City Services Project Management PM Construction Phase Ad Materials testing/laboratory FFE Signage and Wayfinding Misc. (Printing, Postage, etc.) Sub~l Other Contracts Seating Food Concession Equipment Future Contracts Scoreboard A/E Roadway NE Roadway Amend. No. I (Landscape Arch.)_ Roadway Subtotal Total Vadance 498,900 5,195,478 49,575,939 30,485 55,270,317 1,500,000 56,770,317 3,328,828 3,328,828 34,232,798 650,321 572,309 121,118 595,000 21,459 363,609 132,190 81,589 362,039 1,500,000 2,786,350 461,199 13,850 4,080 35,080 5,325 20,000 125,000 124,000 60,600 27,880 21,515 288,500 1,300,000 185,000 257,880 2,900,000 349,914 130,000 47,728,605 1,230,505 407,123 1,637,628 400,000 21,000 2,695 376,305 4,075,256 56,770,317 (o) Exhibit D Page I of 1 File : \Mproject\councilexhibi~s\exh4256.dwg SHIP CHANNEL HARBOR BRIDGE N PROJECT SITE CORPUS CHRISTI BAY CITY PROJECT No. 4236 VICINITY MAP NOT TO SCALE MULTI-PURPOSE ARENA (Change Order' NO. 7) CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "E" CITY COUNCIL EXHIBIT DEPARTMENT OF £NCINET-RINO SERVICES PAGE: I ol= 1 DATE: 03-25--2004 8 AGENDA MEMORANDUM March 30, 2004 SUBJECT: Professional Minor League Baseball Stadium - Project No. 4285 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium. FUNDING: Funding will be provided by the sale of bend. RECOMMENDATION: Approval of the motion as presented. ~TL_~ngel R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATIONL Exhibit A. Exhibit B. Exhibit C. Background Information Contract Summary Location Map BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The amendment establishes the Guaranteed Maximum Price (GMP) for the Professional Minor League Baseball Stadium Project. The GMP is the maximum amount that Construction Manager will receive for achieving Final Completion of the project. The actual price will be determined when the Construction Manager receives subcontractor and trade bids. The City will be represented at the bid opening which will be conducted in accordance with the requirements of the Local Government Code. The only modification to the GMP would be in the case of additions and deductions by written Change Order. Change orders would be primarily for concealed conditions or owner initiated enhancements. All subcontract costs, reimbursable costs, or other costs of any kind incurred by Construction Manager in connection with the Project in excess of the GMP are the sole responsibility of the Construction Manager. The City Engineer, or his designee, will work with the Construction Manager on value engineering to reduce the contract price by written Change Order should the total costs exceed the GMP. Value engineering to reduce total cost will be restricted to those areas that do not impact the project scope, architectural quality, appearance or functionality ofthe project. The City will receive 100% of any savings less than the GMP. The amendment also lowers the excess liability for subcontractors to $1,000,000. Most subcontractors do not carry the $4,000,000 in excess liability required of the Construction Manager at Risk. The reduction was deemed necessary to ensure a wider opportunity for participation existed among our local sub-contracting community. The Amendment also puts into place the current wage determination for the project. PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: October 24, 2003 - a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003-370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003-371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). IEXHIBIT A H:~IOME~KEVIN S\GEN~BasebalECMAmd#1 .bkg.doc October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1,2, and 3 for Stadium Construction subject to approval of an agreement with the Por[ of Corpus Christi Authority to purchase the property (M2003-405). December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in an amount not to exceed $32,500.00 with Wilbur Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for the Professional Minor League Baseball Stadium (M2003-434) December 16,2003 - Motion authorizing the City Manger to execute a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City (M2003-452). December 16, 2003 - Motion authorizing the City Manager to execute a Contract of Purchase with the Port of Corpus Christi Authority for the City Corpus Christi baseball stadium and related parking spaces subject to the certification of funds (M2003-453). January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a contract for Construction Manager at Risk with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium (M2004-016). February 24, 2004 - a. Motion to amend prior to second reading by substituting an amended long-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium (M2004- 069). b. Ordinance authorizing the City Manager to execute a Iont-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium (First Reading 01/27/04 - Ord. No. 025662). c. Motion authorizing the City Manager to execute a non-relocation agreement by and between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004-070) PRIOR ADMINISTRATIVE ACTION: October 1 O, 2003 - Distribution of Request For Proposals (RFP) No. 2003-06 (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. November 12, 2003 - Addendum No. 1 to the For Proposals (RFP) No. 2003-06 Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. February 20, 2004 - Award of Change Order No. 1 to Cherry Demolition Company, of Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw IEXHIBITA I Page 2 of 3 H:\HOM E~KEVINS\GEN\BasebalI\CMAmd#1 .bkg.doc cutting fire walls. PRIOR BOARD ACTIONS: The 4-A Board has approved the project and issued a re- imbursement resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project, H:~HOME~KEVINS\GEN\BasebalI\CMAmd#1 .bkg.doc CONTRACT SUMMARY AMENDMENT No. 1 CITY/CONSTRUCTION MANAGER-AT-RISK PROFESSIONAL MINOR LEAGUE BASEBALL STADIUM Article 9.4 Confirmation of Insurance is amended by the addition of a sentence reading: The subcontractors insurance requirement are set forth by Exhibit C-1. Article 14.2.1 Amount of GMP is amended to read: 14.2.1 Amount Of GMP. The amount of the GMP shall be Twenty One Million Four Hundred Sixty Thousand Five Hundred Twenty Six and no/xx Dollars ($21,460,526.00). Article 14.6 Certifications Relating to Pay Requests is amended to read: 14.6 Certification Relatinq To Pay Requests. Each pay request shall bear the signature of Construction Manager's project manager, which signature shall constitute Construction Manager's representation to City that the Services and the Work indicated in the pay request have progressed to the level represented, have been properly and timely performed as required herein, that no Work has been covered contrary to the request of the City's Representative or the Architect, or contrary to any prevision of the Contract Documents, that the Reimbursable Expenses and Subcontract Costs claimed in the pay request have been actually, necessarily, and reasonably incurred, that all obligations of Construction Manager covered by prior pay requests have been paid in full, and that, to the best of Construction Manager's knowledge, information and informed belief, the amount requested is currently due and owing, there being no reason known to Construction Manager that payment of any portion thereof should be withheld. Submission of Construction Manager's pay request for Final Payment shall further constitute Construction Manager's representation to City that, upon receipt from City of the amount requested, all obligations of Construction Manager to others incurred in connection with the Project will be paid in full within seven (7) days of such receipt. The Construction Manager will also submit required payroll reports, affidavit of payment and release of liens, labor, and suppliers and other contract closeout documents prior to release of retainage. In the event that City becomes informed that any of the foregoing representations by Construction Manager are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Construction Manager until the inaccuracy, and the cause thereof, is corrected to City's reasonable satisfaction. Required payroll reports will comply with General Wage Decision TX030063 02/13/04 TX63 attached as Exhibit F-1. All other terms and conditions of the August 27, 2002 contract, as amended, between the City and Consultant will remain in full force and effect. Exhibit B Page 1 of 1 I H:~HOME~KEVIN S\GEN~Baseball\CMAmd#1SumExhB.doc A PROJECT N I' LOCATION NOT TO SCALE CITY PROJECT No. 4285 NOT TO SCALE EXHIBIT "C" BASEBALL STADiUM-CONSTRUCTiON SZTE 9 AGENDA MEMORANDUM DATE: March 30, 2004 SUBJECT: State Highway 44 Clarkwood Bypass Utility Adjustments AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Hoover Construction of Burnet, Texas in the amount of $649,214.51 for the State Highway 44 Clarkwood By-Pass Utility Adjustments project. ISSUE: This preject is necessary to adjust and relocate existing utilities that are in conflict with the planned TxDOT bypass of Highway 44 Clarkwood Road. FUNDING: Funds for this project are available in the FY 2003-2004 Wastewater and Water Capital Improvement Budgets. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Services Eduardo Garafia, P.E., Director of Water Services '_A~415,.'Escobar, P. E., D~rector of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: State Highway 44 Clarkwood Bypass Utility Adjustments (Project No. 8478) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. July 8, 2003 - Executed Amendment No. 3 with HDR Engineering, Inc. in the amount of $158,580 for the for the State Highway 44 Clarkwood Bypass project FUTURE COUNCIL ACTION: Nothing Anticipated. PROJECT BACKGROUND: This project consists of relocating and adjusting water and sewer utilities currently in conflict with Texas Department of Transportation (TxDOT) highway improvements. Planned TxDOT improvements for the Hwy44 Clarkwood Bypass are now under construction. The bypass will run south of Clarkwood community along SH 44 between the airport and the Texas A&M Extension Service. TxDOT has informed the City of Corpus Christi that there are existing city utilities in the TxDOT Right-Of-Way (ROW) that have to be relocated so as not to conflict with the new highway construction or cause a TxDOT construction delay. PROJECT DESCRIPTION:: This project consists of relocating and adjusting water and sewer utilities to miss proposed Texas Department of Transportation (TXDOT) infrastructure improvements. Specific improvement include: · a sewer force main will be abandoned in place and new piping and casing installed, · an existing water line and casing will be excavated and removed and new piping and casing installed, · two existing water line casings require extensions, excavating and removing approximately o 3,300 linear feet of existing 8-inch water line, o installing 1,228 linear feet of new 16-inch water line, o installing 2,072 linear feet of new 8-inch water line and including associated fittings, valves, service connections, · road and road sub-grade repair, · curb and parking lot repair, · storm water pollution prevention, traffic control and other miscellaneous items of work as required to complete the project, all in accordance with the plans, specifications and contract documents. H:',HOMEIVELMAR\GEN~WASTEWAT~7143~GENDA BACKGROUND EXHIBIT "A" I Page 1 of 2 BID INFORMATION: The project consists solely of a base bid. The City received proposals from ten (10) bidders on March 10, 2004. (See Exhibit"C" Bid Tabulation) The bids ranged from $465,931 to $1,121,208. The Engineer's estimated construction cost for the project is $848,608. The Iow bidder, Reese Contracting, Inc. of Corpus Christi, Texas, formally requested that the City not consider their bid and return their bid bond. They discovered errors in their bid due to miscalculating the scope of work and quantity of materials necessary to complete the project. The second Iow bidder was Hoover Construction of Burnet, Texas for $649,214.51. Due to the need to complete this project within the TxDOT timeframe, Urban Engineering, the city's consultant and City staff recommend that based on lowest responsive bid and satisfactory references, that a construction contract be awarded to Hoover Construction of Burnet, Texas in the amount of $515,214.51 for the State Highway 44 Clarkwood Bypass Utility Adjustments Project. This bid price is still within the engineer's estimated cost of construction for this project. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days, with completion anticipated by July 2004. FUNDING: Funds for this project are available from FY 2003-2004 Wastewater and Water Capital Improvement Budgets. H~HOME~VELMAR\GEI~WASTEWAI~7143~,GENDA BACKGROUND EXHIBIT "A" 1 Page 2 of 2 STATE HIGHWAY 44 CLARKWOOD BY PASS UTILITY ADJUSTMENTS PROJECT BUDGET March 30, 2004 ESTIMATED FUNDS AVAILABLE: BUDGET Wastewater Capital Improvement Budget $ 168,069.00 Water Capital Improvement Budget $ 765,647.00 TOTAL FUNDS AVAILABLE ..................................................... $ 933,716.00 FUNDS REQUIRED: Construction Cost (Hoover Construction) $ 649,214.51 Construction Contingencies 64,921.00 Design Consultant (Urban Engineering) 158,580.00 Testing 26,000.00 Engineering Reimbursements 20,000.00 ~,dministmtive Reimbursements 10,000.00 Incidental Expenses (Printing, Advertising, etc.) 5,000.00 TOTAL FUNDS REQUIRED ................................................................ $ 933,715.51 EXHIBIT "B" TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page I of 6 TABULATED BY: Urban Engineering Date: Wednesday, March 10, 2004 Time of Completion: 90 Calendar Days ENGINEER'S ESTIMATE: $848,608.00.00 State Hwy 44 Clarkwood Bypass Utility Adjustments (City Project No. 8478 & 7297 Reese Contracting, Inc. P. O. Box 8352 Corpus Christi, TX 78468 Hoover Construction P. 0. Box 457 Burnet, TX 78611 Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 South Texas Utilities, LLC P. 0. Box 8639 The Woodlands, TX 77387 UNIT UNIT UNIT UNIT DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1. 12" AWWA C-900 PVC Piping (Water Main) 526 LF 32.00 $16,832.00 45.54 $23,954.04 165.00 $86,790.00 105.00 $55,230.00 2. 12" 45° DI Pipe Bends 4 EA 696.00 $2,784.00 930.00 $3,720.00 200.00 $800.00 800.00 $3,200.00 3. 12" Gate Valves 2 EA 2,506.00 $5,012.00 2,402.50 $4,805.00 1,800.00 $3,600.00 1,400.00 $2,800.00 4. 24" Steel Casing 336 LF 96.00 $32,256.00 226.30 $76,036.80 90.00 $30,240.00 220.00 $73,920.00 5. 10" AWWA C-900 PVC Piping (Sewer FM) 526 LF 26.00 $13,676.00 40.30 $21,197.80 160.00 $84,160.00 107.00 $56,282.00 6. 10" 45° DI Pipe Bends 4 EA 690.00 $2,760.00 899.00 $3,596.00 400.00 $1,600.00 1,000.00 $4,000.00 7. 10" Full Port Plug Valve w/Ext. Stem & Valve 8 1 EA 2,645.00 $2,645.00 3,154.25 $3,154.25 2,200.00 $2,200.00 1,600.00 $1,600.00 8. 24" Steel Casing 336 LF 95.00 $31,920.00 226.30 $76,036.80 90.00 $30,240.00 240.00 $80,640.00 9. 21" Dia. Split Casing 20 LF 305.00 $6,100.00 198.40 $3,968.00 1,600.00 $32,000.00 500.00 $10,000.00 10. 16" Dia. Split Casing 35 LF 99.00 $3,465.00 192.20 $6,727.00 900.00 $31,500.00 400.00 $14,000.00 11. 16"AWWAC-905 PVC Piping (Water Main) 1229 LF 49.00 $60,221.00 62.00 $76,198.00 70.00 $86,030.00 75.00 $92,175.00 12. 8" AWWA C-900 PVC Piping (Water Main) 2072 LF 26.00 $53,872.00 25.11 $52,027.92 35.00 $72,520.00 45.00 $93,240.00 13. 8" AC to PVC 1 EA 367.00 $367.00 951.70 $951.70 240.00 $240.00 200.00 $200.00 14. 8"x8"x8" MJ DI Tee 2 EA 488.00 $976.00 1,131.50 $2,263.00 420.00 $840.00 400.00 $800.00 15. 8" Gate Valve 3 EA 1,523.00 $4,569.00 1,534.50 $4,603.50 1,300.00 $3,900.00 800.00 $2,400.00 16. 16"x8" MJ DI Reducer 1 EA 5,760.00 $5,760.00 837.00 $837.00 460.00 $460.00 500.00 $500.00 17. 16"x16"x16" MJ DI Tee 1 EA 1,606.00 $1,606.00 2,449.00 $2,449.00 1,100.00 $1,100.00 1,400.00 $1,400.00 18. 16" MJ x Flange Gate Valve 1 EA 7,481.00 $7,481.00 9,610.00 $9,610.00 7,600.00 $7,600.00 6,600.00 $6,600.00 19. 8" Pipe Plug or Blind Flange 2 EA 319.00 $638.00 527.00 $1,054.00 220.00 $440.00 300.00 $600.00 20. 16"x8" Branch MJ DI Tee 2 EA 1,171.00 $2,342.00 2,232.00 $4,464.00 1,200.00 $2,400.00 1,000.00 $2,000.00 21. 8" Sleeve Coupling 1 EA 218.00 $218.00 449.50 $449.50 270.00 $270.00 200.00 $200.00 22. 16"x6" Branch MJ DI Tee 2 EA 1,620.00 $3,240.00 2,216.50 $4,433.00 1,200.00 $2,400.00 1,000.00 $2,000.00 23. Service Connection 1 EA 1,506.00 $1,506.00 2,356.00 $2,356.00 1,300.00 $1,300.00 2,000.00 $2,000.00 24. 16" MJ x MJ Gate Valve 2 EA 6,850.00 $13,700.00 9,703.00 $19,406.00 7,000.00 $14,000.00 6,300.00 $12,600.00 25. 8"90° MJ DI Pipe Bend 1 EA 461.00 $461.00 527.00 $527.00 290.00 $290.00 300.00 $300.00 26. 16" Flange & Blind Flange 1 EA 586.00 $586.00 658.75 $658.75 620.00 $620.00 500.00 $500.00 27. Complete Fire Hydrant Assemblies 2 EA 4,705.00 $9,410.00 4,929.00 $9,858.00 4,200.00 $8,400.00 4,000.00 $8,000.00 28. Partial Fire Hydrant Assemblies (all components except fire hydrant 5 EA 3,346.00 $16,730.00 1,860.00 $9,300.00 1,700.00 $8,500.00 1,500.00 $7,500.00 29. 8"x6" Branch MJ DI Tee 5 EA 1 530.00 $2,650.00 930.00 $4,650.00 300.00 $1,500.00 300.00 $1,500.00 Page 2 of 6 ' Indicates error on bid proposal. Value shown is correct. DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 30, 8" Gate Valves MJ x MJ 3 EA 1,523.00 $4,569.00 1,550.00 $4,650.00 1,200.00 $3,600.00 800.00 $2,400.00 31. 30" Steel Casing 100 LF 105.00 $10,500.00 275.00 $27,500.00 ' 140.00 $14,000.00 250.00 $25,000.00 32. 16"45' DI Pipe Bends 4 EA 941.00 $3,764.00 2,077.00 $8,308.00 1,100.00 $4,400.00 900.00 $3,600.00 33. Service Connection 1 EA 1,900.00 $1,900.00 1,554.65 $1,554.65 1,800.00 $1,800.00 2,200.00 $2,200.00 34. Demolition of Exist. 12" Water Main and Casin 526 LF 10.00 $5,260.00 12.40 $6,522.40 70.00 $36,820.00 120.00 $63,120.00 35. Grout Abandoned Section of 10" FM and Casir 526 LF 10.00 $5,260.00 12.40 $6,522.40 40.00 $21,040.00 10.00 $5,260.00 36. Demolition of Exist. 8" A/C Water Main 700 LF 11.00 $7,700.00 18.60 $13,020.00 22.00 $15,400.00 20.00 $14,000.00 37. Demolition of Exist. 8" PVC Water Main 2600 LF 8.00 $20,800.00 4.65 $12,090.00 18.00 $46,800.00 15.00 $39,000.00 38. Salvage Exist. Fire Hydrants and Assoc. Components 5 EA 1,095.00 $5,475.00 465.00 $2,325.00 900.00 $4,500.00 700.00 $3,500.00 39. Salvage Exist. 8" Valves 6 EA 1,095.00 $6,570.00 155.00 $930.00 300.00 $1,800.00 300.00 $1,800.00 40. Trench Safety 8500 LF 0.30 $2,550.00 3.00 $25,500.00 2.00 $17,000.00 2.00 $17,000.00 41. Trench Dewatering 1600 LF 8.00 $12,800.00 22.50 $36,000.00 1.00 $1,600.00 1.00 $1,600.00 42. Utility Allowance (Mandatory Allowance) 1 LS 75,000.00 $75,000.00 75,000.00 $75,000.00 75,000.00 $75,000.00 75,000.00 $75,000.00 TOTAL BASE BID $465,931.00 $649,214.51 ' $759,700.00 $789,667.00 ' Indicates error on bid proposal. Value shown is correct. Page 3 of 6 State Hwy 44 Clarkwood Bypass Utility Adjustments (City Project No. 8478 & 7297 James Chapman P. O. Box 260096 Corpus Christi, TX 78426 BarCom Commercial 1710 SPID, Ste. B Corpus Christi, TX 78416 Holloman Corp. P. O. Box 200190 San Antonio, TX 78220 W.T. Young Constr. P. O. Box 9197 Corpus Christi, TX 78469 UNIT UNIT UNIT UNIT DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1. 12" AWWA C-900 PVC Piping (Water Main) 526 LF 75.00 $39,450.00 59.16 $31,118.16 90.00 $47,340.00 82.00 $43,132.00 2. 12'45° DI Pipe Bends 4 EA 390.00 $1,560.00 591.63 $2,366.52 1,295.00 $5,180.00 960.00 $3,840.00 3. 12' Gate Valves 2 EA 1,300.00 $2,600.00 2,958.16 $5,916.32 2,368.00 $4,736.00 1,885.00 $3,770.00 4. 24" Steel Casing 336 LF 306.00 $102,816.00 295.82 $99,395.52 172.00 $57,792.00 312.00 $104,832.00 5. 10" AWWA C-900 PVC Piping (Sewer FM) 526 LF 90.00 $47,340.00 43.78 $23,028.28 94.00 $49,444.00 77.00 $40,502.00 6. 10" 45° DI Pipe Bends 4 EA 460.00 $1,840.00 532.47 $2,129.88 927.00 $3,708.00 611.00 $2,444.00 7. 10" Full Port Plug Valve w/Ext. Stem & Valve E 1 EA 2,000.00 $2,000.00 4,141.43 $4,141.43 2,607.00 $2,607.00 2,483.00 $2,483.00 8. 24" Steel Casing 336 LF 345.00 $115,920.00 236.65 $79,514.40 172.00 $57,792.00 315.00 $105,840.00 9. 21" Dia. Split Casing 20 LF 824.00 $16,480.00 295.82 $5,916.40 557.00 $11,140.00 1,157.00 $23,140.00 10. 16" Dia. Split Casing 35 LF 448.00 $15,680.00 591.63 $20,707.05 344.00 $12,040.00 602.00 $21,070.00 11. 16" AWWA C-905 PVC Piping (Water Main) 1229 LF 60.00 $73,740.00 41.41 $50,892.89 98.00 $120,442.00 61.00 $74,969.00 12. 8" AWWA C-900 PVC Piping (Water Main) 2072 LF 20.00 $41,440.00 29.58 $61,289.76 56.00 $116,032.00 30.00 $62,160.00 13. 8" AC to PVC 1 EA 220.00 $220.00 1,774.90 $1,774.90 2,242.00 $2,242.00 345.00 $345.00 14. 8'x8'x8" MJ DI Tee 2 EA 590.00 $1,180.00 443.72 $887.44 986.00 $1,972.00 520.00 $1,040.00 15. 8" Gate Valve 3 EA 780.00 $2,340.00 1,419.92 $4,259.76 1,420.00 $4,260.00 1,170.00 $3,510.00 16. 16'x8" MJ DI Reducer 1 EA 300.00 $300.00 1,550.08 $1,550.08 1,525.00 $1,525.00 488.00 $488.00 17. 16'x16'x16" MJ DI Tee 1 EA 1,140.00 $1,140.00 1,774.90 $1,774.90 2,213.00 $2,213.00 1,638.00 $1,638.00 18. 16" MJ x Flange Gate Valve 1 EA 6,500.00 $6,500.00 1,419.92 $1,419.92 8,494.00 $8,494.00 7,281.00 $7,281.00 19. 8" Pipe Plug or Blind Flange 2 EA 440.00 $880.00 709.96 $1,419.92 810.00 $1,620.00 416.00 $832.00 20. 16'x8" Branch MJ DI Tee 2 EA 1,200.00 $2,400.00 1,301.59 $2,603.18 1,975.00 $3,950.00 1,703.00 $3,406.00 21. 8" Sleeve Coupling 1 EA 160.00 $160.00 946.61 $946.61 2,194.00 $2,194.00 247.00 $247.00 22. 16'x6" Branch MJ DI Tee 2 EA 1,100.00 $2,200.00 2,129.88 $4,259.76 1,917.00 $3,834.00 1,690.00 $3,380.00 23. Service Connection 1 EA 1,000.00 $1,000.00 11,832.65 $11,832.65 2,194.00 $2,194.00 1,846.00 $1,846.00 24. 16" MJ x MJ Gate Valve 2 EA 6,800.00 $13,600.00 2,129.88 $4,259.76 8,199.00 $16,398.00 7,735.00 $15,470.00 25. 8" 90" MJ DI Pipe Bend 1 EA 220.00 $220.00 414.14 $414.14 1,242.00 $1,242.00 364.00 $364.00 26. 16" Flange & Blind Flange 1 EA 400.00 $400.00 1,419.92 $1,419.92 1,342.00 $1,342.00 423.00 $423.00 27. Complete Fire Hydrant Assemblies 2 EA 2,800.00 $5,600.00 5,324.69 $10,649.38 5,090.00 $10,180.00 3,640.00 $7,280.00 28. Partial Fire Hydrant Assemblies (all components except fire hydrant 5 EA 1,500.00 $7,500.00 2,958.16 $14,790.80 2,715.00 $13,575.00 2,990.00 $14,950.00 29. 8'x6" Branch MJ DI Tee 5 EA 300.00 $1,500.00 354.98 $1,774.90 964.00 $4,820.00 585.00 $2,925.00 Page 4 of 6 ' Indicates error on bid proposal. Value shown is correct. DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 30. 8" Gate Valves MJ x MJ 3 EA 800.00 $2,400.00 1,064.94 $3,194.82 1,420.00 $4,260.00 1,300.00 $3,900.00 31. 30" Steel Casing 100 LF 263.00 $26,300.00 325.40 $32,540.00 226.00 $22,600.00 290.00 $29,000.00 32. 16"45° DI Pipe Bends 4 EA 750.00 $3,000.00 502.89 $2,011.56 1,769.00 $7,076.00 1,261.00 $5,044.00 33. Service Connection 1 EA 1,200.00 $1,200.00 11,832.65 $11,832.65 2,084.00 $2,084.00 1,900.00 $1,900.00 34. Demolition of Exist. 12" Water Main and Casini 526 LF 150.00 $78,900.00 88.74 $46,677.24 62.00 $32,612.00 180.00 $94,680.00 35. Grout Abandoned Section of 10" FM and Casir 526 LF 47.00 $24,722.00 59.16 $31,118.16 18.00 $9,468.00 18.00 $9,468.00 36. Demolition of Exist. 8" A/C Water Main 700 LF 28.00 $19,600.00 33.13 $23,191.00 35.00 $24,500.00 32.00 $22,400.00 37. Demolition of Exist. 8" PVC Water Main 2600 LF 20.00 $52,000.00 41.41 $107,666.00 31.00 $80,600.00 25.00 $65,000.00 38. Salvage Exist. Fire Hydrants and Assoc. Components 5 EA 650.00 $3,250.00 4,733.06 $23,665.30 777.00 $3,885.00 1,040.00 $5,200.00 39. Salvage Exist. 8" Valves 6 EA 200.00 $1,200.00 473.31 $2,839.86 648.00 $3,888.00 650.00 $3,900.00 40. Trench Safety 8500 LF 4.00 $34,000.00 4.27 $36,295.00 1.00 $8,500.00 4.00 $34,000.00 41. Trench Dewatering 1600 LF 3.00 $4,800.00 3.55 $5,680.00 33.00 $52,800.00 13.00 $20,800.00 42. Utility Allowance (Mandatory Allowance) 1 LS 75,000.00 $75,000.00 75,000.00 $75,000.00 75,000.00 $75,000.00 75,000.00 $75,000.00 TOTAL BASE BID $834,378.00 $654,166.22 ' $897,581.00 ' $923,899.00 ' Indicates error on bid proposal. Value shown is correct. Page 5 of 6 State Hwy" Clarkwood Bypass UtilityAdjustments (City Project No. 8478 & 7297 King -Isles, Inc. 1641 Goldston Rd. Corpus Christi, TX 78409 Jalco, Inc. P. O. Box 27368 Houston, TX 77227 UNIT UNIT UNIT UNIT DESCRIPTION QTY. UNIT PRICE I AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1. 12" AWWA C-900 PVC Piping (Water Main) 526 LF 120.00 $63,120.00 180.00 $94,680.00 2. 12" 45° DI Pipe Bends 4 EA 450.00 $1,800.00 340.00 $1,360.00 3. 12" Gate Valves 2 EA 1,600.00 $3,200.00 1,200.00 $2,400.00 4. 24" Steel Casing 336 LF 305.00 $102,480.00 200.00 $67,200.00 5. 10" AWWA C-900 PVC Piping (Sewer FM) 526 LF 115.00 $60,490.00 180.00 $94,680.00 6. 10" 45° DI Pipe Bends 4 EA 525.00 $2,100.00 320.00 $1,280.00 7. 10" Full Port Plug Valve w/EM. Stem & Valve 2 1 EA 2,750.00 $2,750.00 1,700.00 $1,700.00 8. 24" Steel Casing 336 LF 305.00 $102,480.00 230.00 $77,280.00 9. 21" Dia. Split Casing 20 LF 1,050.00 $21,000.00 700.00 $14,000.00 10. 16" Dia. Split Casing 35 LF 475.00 $16,625.00 500.00 $17,500.00 11. 16" AW WA C-905 PVC Piping (Water Main) 1229 LF 85.00 $104,465.00 220.00 $270,380.00 12. 8" AWWA C-900 PVC Piping (Water Main) 2072 LF 45.00 $93,240.00 120.00 $248,640.00 13. 8" AC to PVC 1 EA 600.00 $600.00 200.00 $200.00 14. 8'x8"x8" MJ DI Tee 2 EA 500.00 $1,000.00 260.00 $520.00 15. 8" Gate Valve 3 EA 1,400.00 $4,200.00 700.00 $2,100.00 16. 16"x8" MJ DI Reducer 1 EA 675.00 $675.00 300.00 $300.00 17. 16'x16'x16" MJ DI Tee 1 EA 2,650.00 $2,650.00 1,200.00 $1,200.00 18. 16" MJ x Flange Gate Valve 1 EA 7,250.00 $7,250.00 5,500.00 $5,500.00 19. 8" Pipe Plug or Blind Flange 2 EA 225.00 $450.00 250.00 $500.00 20. 16'x8" Branch MJ DI Tee 2 EA 1,550.00 $3,100.00 1,000.00 $2,000.00 21. 8" Sleeve Coupling 1 EA 725.00 $725.00 100.00 $100.00 22. 16'x6" Branch MJ DI Tee 2 EA 1,900.00 $3,800.00 950.00 $1,900.00 23. Service Connection 1 EA 1,150.00 $1,150.00 1,000.00 $1,000.00 24. 16" MJ x MJ Gate Valve 2 EA 7,250.00 $14,500.00 5,700.00 $11,400.00 25. 8" 90° MJ DI Pipe Bend 1 EA 350.00 $350.00 180.00 $180.00 26. 16" Flange & Blind Flange 1 EA 950.00 $950.00 300.00 $300.00 27. Complete Fire Hydrant Assemblies 2 EA 2,900.00 $5,800.00 3,500.00 $7,000.00 28. Partial Fire Hydrant Assemblies (all components except fire hydrant5 EA 1,350.00 $6,750.00 2,700.00 $13,500.00 29. 8'x6" Branch MJ DI Tee 5 EA 500.00 $2,500.00 200.00 $1,000.00 Page 6 of 6 DESCRIPTION QTY. UNIT UNIT PRICE I AMOUNT UNIT I PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 30. 8" Gate Valves MJ x MJ 3 EA 1,100.00 $3,300.00 700.00 $2,100.00 31. 30" Steel Casing 100 LF 235.00 $23,500.00 400.00 $40,000.00 32. 16" 45° DI Pipe Bends 4 EA 1,300.00 $5,200.00 600.00 $2,400.00 33. Service Connection 1 EA 775.00 $775.00 1,300.00 $1,300.00 34. Demolition of Exist. 12" Water Main and Casin 526 LF 150.00 $78,900.00 40.00 $21,040.00 35. Grout Abandoned Section of 10" FM and Casir 526 LF 15.00 $7,890.00 8.00 $4,208.00 36. Demolition of Exist. 8" A/C Water Main 700 LF 44.00 $30,800.00 10.00 $7,000.00 37. Demolition of Exist. 8" PVC Water Main 2600 LF 42.00 $109,200.00 5.00 $13,000.00 38. Salvage Exist. Fire Hydrants and Assoc. Components 5 EA 225.00 $1,125.00 550.00 $2,750.00 39. Salvage Exist. 8" Valves 6 EA 90.00 $540.00 60.00 $360.00 40. Trench Safety 8500 LF 1.50 $12,750.00 0.50 $4,250.00 41. Trench Dewatering 1600 LF 5.00 $8,000.00 5.00 $8,000.00 42. Utility Allowance (Mandatory Allowance) 1 LS 75,000.00 $75,000.00 75,000.00 $75,000.00 TOTAL BASE BID $987,180.00 $1,121,208.00 File : \Mproject\councilexhibits\ 7297&8478exh.dwg N ~ RIVER F,M. San Pc~tr~icio County NUECES BAY ~R 44 I~Y 44 AGNES CCI^ PROJECT LOCATION CZTY PROJECT No. 7297, 8478 LOCATZON MAP NOT TO SCALE HWY 44 CLARKWOOD BY-PASS UT£LZTY ADJUSTMENT EXHZBZT "D" CZTY COUNCT_L EXHZBZT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 03-24-2004 10 CITY COUNCIL AGENDA MEMORANDUM March 30, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Pame1406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. ISSUE: Continuation of the Southside Water Transmission Main is underway for Phases 4, 4a, and 5 as shown on Exhibit C. These phases will extend the water main from the South Staples Pumping Plant northeasterly to Holly Road and southeasterly to Laguna Shores Road. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right- of-way. Negotiations are in progress for the acquisition of 44 parcels in connection with Phases 4 and 4a. The City's sub-contractor, Right of Way Services, Inc., has acquired Parcel 406 in the amount of $25,080 which requires City Council approval. FUNDING: Water CIP, 550701-4475-00000-180183 RECOMMENDATION: Approval of the motion as presented. ~n~el R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Action Route Map Parcel Location Map \\CLSTRI_USERS2_SERVER\USERS2\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Ph 4. Salazar~Agenda Memorandum.doc BACKGROUNDINFORMATION SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5 Acquisition of Parcel 406 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of any Special Commissioners' Awards in connection with acquisition of any parcels by condemnation. OVERVIEW: Backqround: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phase 1 of the project is complete with Phases 2, 2a, and 3 near completion. These new phases, as shown on Exhibit C, will extend the transmission main to Holly Road and east to Laguna Shores Road. Due to the peak work load of the City's Land Acquisition staff with Bond Issue 2000, CIP, Airport Expansion and CDBG projects, it was necessary to outsource the negotiations and acquisition process for this project. The City entered into a contract with Urban Engineering which included acquisition responsibilities. Urban Engineering has sub- contracted with Right of Way Services, Inc. (ROWS) for the negotiations and acquisition of 44 parcels in connection with the next two phases, 4 and 4A. Parcel Acquisition: This parcel consists of a twenty (20) foot wide utility easement, approximately one-half mile long, containing 1.26 acres or 54,708.985 square feet. On each side of this permanent easement are two temporary construction easements, one thirty (30) foot wide and the other twenty-five (25) foot wide. The easements are located southwest of the Rodd Field Road and Yorktown Boulevard intersection. This tract is within the Rodd Field Village Industrial Subdivision. Right of Way Services, Inc, (ROWS) has concluded negotiations with the landowners in which they have agreed on an administrative settlement of $25,080. It is in the best interest of the City to settle at this amount in order to avoid a delayed condemnation suit. Acquisition of all parcels is scheduled to be concluded by the end of May 2004. Since this is an easement acquisition, no title company is required. Exhibit A PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 4, 4a, and 5 Acquisition of Parcel 406 10. 11. 12. 13. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract I - 7.5 Million Gallon Storage Reservoir (M99-189). Exhibit B I Page I of 3 14. July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11, 2000 - Approval of acquisition of Pamel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 -Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Cailicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C. (M2002-180) Exhibit B Page 2 of 3 27. December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Chdsti, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 28. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 29. November 11,2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 H:\HOME~EUSEBIOG\GENV~enda Items\SS Water Trans. Ph 4. Salazar~Pdor Council Action.doc Exhibit B Page 3 of 3 PROJECT No. SOUTHSIDE WATER TRANSMISSION PHASES: 4, 4a & 5 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT MAIN DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/25/2004 File : \Mproject\councilexhibits\exh8590.dwg BILL WHITT PARK / PARCEL 406 42" kY,4TER CITY PROJECT No. 8390 LOCATION MAP NOT TO SCALE EXHIBIT SOUTHSIDE WATER TRANS. MAIN, PARCEL 406 CITY OF CORPUS CHRISTI, TEXAS PHASE 4 CITY COUNCIL EXHIBIT ~ DEPAR~ENT OF ~GINEERING SERVIC~ PAGE: 1 of I ___--,-- DA~: 05-23-2004 ~ 11 AGENDA MEMORANDUM DATE:. March 30, 2004 SUBJECT: South Staples Street - Gollihar Road to Williams Drive Street Resurfacing Change Order No. 7 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the contract for Street Resurfacing on South Staples Street from Gollihar Road to Williams Drive with IHS Construction in the amount of $128,395 for additional traffic control and lane widening. (BOND ISSUE 2000 PROJECT C-5) ISSUE: Additional traffic control measures are necessary to ensure safer vehicle travel and smoother flow of traffic through the construction zone. Widening of the southbound lane provides better turning movements from southbound Staples to westbound Williams and need to be included in this project scope. FUNDING: Funds for this project are available in the FY 2002-2003 Street Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. 'A~el R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A' Background Information Exhibit"B" Change Order Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Street Resurfacing South Staples Street - Gollihar Road to Williams Drive Change Order No. 7 Bond Issue 2000 Project No. C-5 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. April 24, 2001 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $292,605 with Goldston Engineering, Inc. for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) (M2001-161) 3. December 17, 2002 - Motion authorizing the City Manager or his designee to award a construction contract to IHS Construction of Corpus Christi, Texas in the amount of $1,772,146.99 for the Street Resurfacing at South Staples Street from Gollihar Road to Williams Drive. (Motion No. 2002-433) 4. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local amhitectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. February 4, 2002 - Administrative Approval of Amendment No. 1 to an engineering services contract with Goldston Engineering, Inc. in the amount of $7,380 for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Drive) 4. May 06, 2002 - Administrative Approval of Amendment No. 2 to an engineering services contract with Goldston Engineering, Inc. for a no cost contract amendment for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) EXHIBIT "A" 10. 11. · South Staples Street (Gollihar Road to Williams Drive) May 13, 2002 - Administrative Approval of Amendment No. 3 to an engineering services contract with Goldston Engineering, Inc. in the amount of $3,940 for Street Resurfacing at the following sites: · Alameda Street (Parade Street to Ocean Drive) · South Staples Street (Gollihar Road to Williams Ddve) September 11, 2003 - Administrative approval of Change Order No. 1 to a construction contract with IHS Construction in the amount of $13,921.94 for Street Resurfacing at South Staples Street from Gollihar Road to Williams Drive. October 29, 2003 - Administrative approval of Change Order No. 2 to a construction contract with IHS Construction in the amount of $24,957.00 for Street Resurfacing at South Staples Street from Goltihar Road to Williams Drive. November 7, 2003 - Administrative approval of Change Order No. 3 to a construction contract with IHS Construction in the amount of $24,513.88 for Street Resurfacing at South Staples Street from Gollihar Road to Williams Drive. November 18, 2003 - Administrative approval of Change Order No. 4 to a construction contract with IHS Construction in the amount of $24,510.00 for Street Resurfacing at South Staples Street from Gollihar Road to Williams Drive. December 10, 2003 - Administrative approval of Change Order No. 5 to a construction contract with IHS Construction in the amount of $24,935.94 for Street Resur[acing at South Staples Street from Gollihar Road to Williams Drive. January 28, 2004 - Administrative approval of Change Order No. 6 to a construction contract with IHS Construction in the amount of $18,962.15 for Street Resurfacing at South Staples Street from Gollihar Road to Williams Drive. FUTURE COUNCIL ACTION: Nothing Anticipated PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: The addition of extra traffic control measures was necessary to ensure safer vehicle travel and smoother flow of traffic through the construction zone. This change order has been implemented to provide for the public safety and well-being. The installation of the water- filled barriers separates the lanes of travel and eliminates left hand turns from South Staples into adjacent properties. By eliminating left hand turns, traffic cannot stack up and create a gridlock situation. The execution of this item allowed the project to proceed more rapidly by allowing more work room and thus reduced the construction time required to EXHIBIT "A" Page 2 of 3 complete the project. The original sequencing of the project went from three phases to two phases and shortened the construction time from five (5) months to three (3) months. Widening of the southbound lane at two isolated locations adjacent to Moore Plaza driveways is necessary to provide longer turning lanes for southbound vehicles that are turning westbound onto Williams. By providing this additional length of turning lane it will reduce the number of vehicles in the southbound through lanes, thus creating better traffic flow for vehicles continuing southbound. EXHIBIT "A" Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET March 12, 2004 PROJECT: STAPLES STREET/GOLLIHAR ROAD-WILLIAMS DRIVE STREET RESURFAClNG PROJECT NO: 6145 APPROVED: City Council on 12/17/02, by Motion No. M2002-433 CONTRACTOR: IHS Construction P. O. Box 8354 Corpus Christi, TX 78468 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ...................... Change Order No. 1 (9/11/03) .............. Change Order No. 2 (10/29/03) Change Order No. 3 (11/7/03) Change Order No. 4 (11/18/03) Change Order No. 5 (12/10/03) Change Order No. 6 (01/28/04) Change Order No. 7 (3/10/04) Total ............................................................... $1,772,146.99 443,036.75 13,921.94 24,957.00 24,513.88 24,510.00 24,935.94 18,962.15 128,395.00 260,195.91 = 14.68% < 25% EXHIBIT "B" Page 1 of 1 File : \Mproject\councilexh\exh6145.dwg , ~OCATION NOT TO SCALE PROdECT ~ 6145 EXHIBIT "C" CITY COUNCIL EXHIBIT STAPLES STREET RESURFACZNG PROdECT aEP~TM~NT OF ENGINEERING SER~CES FROM GOLLZHAR ROAD TO WZLLIAMS DRZVE PAGE: 1 of 1 CIW OF CORPUS CHRISTI, TEXAS DATE: 05-24-2004 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the contract for Broadway Basin SSO-I/I and Rehabilitation Stage 2-A Rebid with Reynolds, Inc. of Odeans, Indiana in the amount of $199,061for immediate and necessary repairs to severely deteriorated collection system major trunk lines. ISSUE: This change order is necessary to begin repairs to high priority sections of the Broadway basin service area collection system trunk lines. During cleaning and televising these lines were found to have multiple fractures and are at high risk of collapse. FUNDING: Funding for this project is available in the FY 03 -04 Wastewater Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended. Foster Crowell, Director of Wastewater Services '~.~el R. Escobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit"B" Change Order Summary Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Broadway Basin Sewer Line Rehabilitation Project- Re-bid (Project #7226). PRIOR COUNCIL ACTION: 1. January 20, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Urban Engineering, Inc. in the amount of $74.,783 for engineering services associated with the Infiltration/Inflow (I/I) Collection System Enhancement Program. (M1998-007) 2. July 17,2001 - Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services contract with Urban Engineering, Inc. in the amount of 238,400 for the Infiltration/Inflow (I/I) Remediation, Miscellaneous Line Cleaning and Broadway basin SSO I/I Rehab. 3. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a construction contract with Reynolds Inc. of Odeans, Indiana in the amount of $1,238,200 for the Broadway Basin Sewer Line Rehabilitation Project Base Bid A -Rebid (Project No. 7226) 4. February 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a construction contract with King-Isles, Inc. in the amount of $1,096,765 for the Broadway Basin Sewer Line Rehabilitation Project Base Bid B and Additive Alternates B-1 and B-2- Rebid (Project No. 7226) 5. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget in the amount of $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. September 15, 1998 - Administrative Amendment to an engineering services contract with Urban Engineering, Inc. for a total fee not to exceed $11,357.40, for engineering services associated with the Infiltration/Inflow (1/I) Collection System Enhancement Program. 2. January 14, 2002 -Administrative Amendment to an engineering services contract with Urban Engineering, Inc. for a total restated fee not to exceed $14,900 for a revised fee not to exceed $1,213,700.40 for the Infiltration/Inflow (I/I) Collection System Rehabilitation Project. 3. January 5, 2004 - Administrative approval of Change Order No. 1 to a contract with King-Isles, Inc. in the amount of $21,796 for the Broadway Basin Sewer Line Rehabilitation Project Base Bid B and Additive Alternates B-1 and B-2- Rebid (Project No. 7226) 4. March 1,2004 - Administrative approval of Change Order No. 2 to a contract with King-Isles, Inc. in the amount of $13,650 for the Broadway Basin Sewer Line Rehabilitation Project Base Bid B and Additive Alternates B-1 and B-2- Rebid (Project No. 7226) FUTURE COUNCIL ACTION: Future construction contracts for Miscellaneous Line Cleaning and future Collection System Rehabilitation. EXHIBIT "A" Page I of 2 PROJECT BACKGROUND: Deterioration of the City's Wastewater collection system is allowing infiltration and inflow of water and dirt into the system. This results in clogged pipes, diminished line capacity and manhole overflows. This is a potentially hazardous situation, which could lead to non-compliance with state or federal environmental regulations and serious fines. This project will concentrate on corrective measures for the Broadway basin service area. Two separate constructions contracts were awarded on February 25, 2003 for this project. Base Bid A was awarded to Reynolds, Inc. and consisted of the restoration/repair and video-documentation of approximately 14,740 linear feet of sanitary sewer lines ranging from 8" to 15", the restoration of 76 existing manholes and construction of two (2) sanitary sewer manholes. Base Bid B and two additive alternates was awarded to King Isles, Inc. and consisted of the restoration of 183 existing manholes by fiberglass manhole inserts. PROJECT DESCRIPTION: This change order is proposed to give immediate attention to problematic sections of the collection system's major trunk lines. During cleaning and televising of both small and major lines, particular sections were found to have multiple fractures which are susceptible to collapse. These sections have a high priority and require point repair excavation, where needed, and relining with a structural Cast In Place Pipe (CIPP) liner from manhole to manhole to avert collapse, restore capacity and add service life to the lines. In addition to relining the manholes on the line segments, the work will include relining collection lines: · in the rear easement along Texas Avenue, · a 15" collection line on Industrial, and · a 24' trunk at Coke and Howard Streets Other line sections inspected and having deficiencies were not as dramatic as these and will be programmed for repairs under the routine design, bid and construction process as funding allows. EXHIBIT "A" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET March 25, 2004 PROJECT: BROADWAY BASIN SSO-I/I AND REHABILITATION STAGE 2-A REBID PROJECT NO: 7226 APPROVED: City Council on 2/25/03, by Motion No. M2003-075 CONTRACTOR: Reynolds, Inc. P. O. Box 186 Odeans, Indiana 47452 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount ...................... Change Order No. I (8/26/03) Change Order No. 2 (9/16/03) Change Order No. 3 (11/7/03) $1,238,200.00 309,550.00 40,799.00 46,622.00 199,061.00 Total ............................................................... 286,482.00 = 23.13% < 25% EXHIBIT "B" Page 1 of I File : \Mprojec[\councilexhibits\exh7226.dwg BROADWAY SSO- I / I AND REHABILITATION STAGE 2 ClT~' OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEP~TM~T OF ENGINEERING SERVIC~ PAGE: 1 of 3 DA~: 05-25-2004 File : \Mprojec¢\councilexhibits\exh7226.dwg LEOPARD ST INTERSTATE 37 L OCA T T. ON MAP CITY PROJECT No. 7226 EXHZB.[T NOT TO SCALE II CII BROADWAY SSO- I / I AND REHABILITATION STAGE 2 CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 03-25-2004 File : \Mprojec~:\councilexhibi[s\exh7226.dwg ~NOUS~R~A~ ~OAO N L OCA TION AGNES 5 - LO¢ATZON CITY PROJECT No. 7226 NOT TO SCALE BROADWAY SSO-I/I AND REHADILITATZON STAGE 2 CI~' OF CORPUS CHRISTI, TEXAS EXHIBIT CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 3 DATE: 03-25-2004 13 AGENDA MEMORANDUM March 22, 2004 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Hogan Development Company, L.P., (Developer), in the amount of $728,481.66 for public improvements including street pavement, curb, gutter, sidewalks, and storm water lines, for the future street construction improvements to Corsica Road, Spanish Wood Drive and Tapestry Street within the Barclay Grove Unit 9A subdivision, in accordance with the Platting Ordinance section V-Required Improvements. Subsection A.3 b), and declaring it an emergency. ISSUE: Urban Engineering on behalf of Hogan development Company, L.P developer of Barclay Grove Unit 9A submitted written application for a Deferment Agreement to defer construction of Corsica Road, Spanish Wood Drive and Tapestry Street within the future Barclay Grove Unit 9A subdivision in accordance with the platting Ordinance, Section V- Required Improvements, Subsection A.3.b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement with Hogan Development Company, L.P., (Developer). CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented ~l~r~rance Teniente, P.E. Assistant Director Development Center ATTACHMENTS: Director of D'eC~lopment Services Exhibit 1 Background Information Exhibit 2 Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting of Barclay Grove Unit 9A requires the developer to construct the street improvements consisting of Corsica Road, Spanish Wood Drive and Tapestry Street. Corsica Road will be constructed as a collector road with 60 ft of right of way (ROW) and 40 ft back of curb to back of curb (B-B) within the area of commercial zoning between S. Staples and the subdivision. Corsica Road will be constructed as a 50 ft ROW with 28 ft B-B local street within the subdivision. Spanish Wood Drive will be constructed as a 80 ft of ROW and 40 ft B-B collector. Tapestry Drive will be constructed as a local street with 50 ft of ROW and 28 ft B-B. The public improvements will include the construction of street pavement, curb, gutter and sidewalks and underground storm water lines. The plat was approved by the Planning Commission on July 16, 2003. Construction plans for water and sanitary sewer lines are approved and construction is underway. The Deferment Agreement will not be executed by the City until the water and sanitary sewer lines are tested and accepted by the respective utility departments. Urban Engineering on behalf of Hogan Development Company, L.P., Developer, submitted an application for a Deferment Agreement to expedite the recording of the plat to meet the desired development time schedule. Planning Commission reviewed and recommended a finding of reasonable cause to delay the 75% requirement to expedite the recordation of the plat at the March 24, 2004 meeting. A deferment agreement (Exhibit 2) between the City of Corpus Christi and Hogan Development Company will allow the Developer to defer the construction of the required street and storm water improvements for a period of up to two (2) years from the date the deferment agreement is signed and approved. The execution of the deferment agreement allows the recordation of the plat and issuance of Building Permits. The Developer agrees to deposit $728,481.66 cash bond for the amount of 110% of the estimated construction costs of the required improvements, as shown in Exhibit "C" in compliance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.b. EXHIBIT 1 I Page 1 of 1 DEFERMENTAGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Hogan Development Company, L.P. ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Barclay Grove Unit 9, which was approved by Planning Commission on January 14, 2004, a copy of the plat is attached and incorporated as Exhibit '%." 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, as required by the City's Platting Ordinance, as shown on Exhibit "B", copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement, before the final plat is endorsed by the City's Director of Engineering; WHEREAS, the Developer is seeking to defer the construction of some of the required improvements, including construction of the streets, curbs, gutters, sidewalks, and other drainage improvements (the "Deferred Improvements") for a period up to two years; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit a bond in the penal sum of Seven Hundred Twenty Eight Thousand Four Hundred Eighty-One and 66/100 Dollars ($728,481.66), which is 110% of the estimated cost of constructing the Deferred Improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit "C", with the City; WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3.6) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that referred improvements be seventy-five percent (75%) completed before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer F~41307A3 doc EXHIBIT 2 Page 1 of 6 the completion of the construction of the streets, curbs, gutters, sidewalks, and other drainage improvements (referred to in this Agreement as the "Deferred Improvements") as shown in Exhibit "B", for up to two (2) years from the date of this Deferment Agreement. The Developer agrees to construct the Deferred Improvements, in accordance with the City's engineering standards in effect at the time of construction. The Developer agrees to post a bond in the penal sum of Seven Hundred Twenty Eight Thousand Four Hundred Eighty-One and 66/100 Dollars ($728,481.66) issued by a surety acceptable to the City, for 110% of the estimated cost of constructing the Deferred Improvements, with the City, in a form approved by the City's Director of Financial Services, on or before the plat is filed with the County Clerk, and if'the bond is not posted by that time this Agreement shall become null and void. The bond must be executed by the Developer, as principal, and by a corporate surety acceptable to the City, as obligee, and conditioned upon the Developer named in the bond faithfully complying with all of the provisions of this Agreement until the City has accepted the Deferred Improvements. The bond shall secure the City against all costs, charges, and expenses related to the failure of the Developer to construct the Deferred Improvements by the City or another developer, regardless of whether the City has incurred any costs. A bond issued under this provision must be valid for two (2) years or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, no less than thirty (30) days prior to the expiry of the then current bond. Unless the Deferred Improvements are constructed as provided in this Agreement, the bond must be renewed upon expiration, and proof of the renewal must be received by the City's Director of Engineering Services at least thirty (30) days prior to the bond's expiration. If no renewal is received, or cash or other approved substitute security provided, the City may, after ten (10) days prior written notice mailed to the Developer at the address listed in this Agreement, call the bond for failure to timely renew. If the bond is called for failure to timely renew, the money will be held in an account for the construction of the Deferred Improvements, as if cash had been posted in lieu of a bond. The City shall not be liable for any interest on any bond so called. d. To be acceptable to the City, the company issuing the bond must be: (1) Licensed in Texas. R41307A3.doc 2 EXHIBIT 2 Page 2 of 6 (2) Authorized (certified) by the U.S. Department Of The Treasury Financial Management Service to give bonds to the Federal Government. A list of surety companies is available on the Service's website, http://www.fms.treas.gov/c570/c570.html. (3) Approved by the City's Director of Financial Services. Upon completion of the Deferred Improvements within two (2) years from the date of this Agreement, or later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall: Immediately release Developer from all obligations hereunder, by mailing a Release Letter to: Hogan Development Company, L.P. 801 N. Shoreline Drive, Suite 350 South Corpus Christi, Texas 78401 Return to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, the bond and any balance remaining of all monies received by the City from the Developer, including any interest earned. If the Deferred Improvements have not been completed within two (2) years from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City may call the bond and transfer the amount received, including any interest earned, to the appropriate City fund and the City will then begin completion of the construction of the Deferred Improvements with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the bonding company and the Developer, as their interests may appear. If City constructs all or any part of the Deferred Improvements, the Developer agrees to reimburse the City for any additional cost of the Deferred Improvements, if the sum of money and interest prove inadequate to complete the Deferred Improvements within thirty (30) days after City completes the Deferred Improvements and bills the Developer. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the Deferred Improvements, the bond and any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send Developer and the Project Engineer R41307A3 doc EXHIBIT 2 ] Page 3 of 6 written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer will exercise the City's rights under the bond and transfer any monies received and interest earned tO the appropriate fund of the City to complete the Deferred Improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the Deferred Improvements, the excess monies, both principal and interest, shall be refunded to the bonding company and the Developer, as their interests may appear, within sixty (60) days of the completion of construction and settlement of construction contracts. 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. 10. The Developer covenants to construct the Deferred Improvements, and that such covenant shall be a covenant running with the land. 11. 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 Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated in this Agreement, 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 the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto. 16. The City agrees that upon the execution of this Agreement, the posting of the required bond with the City, and the provision of operable water and sewer service as required by the Platting Ordinance, the City immediately will file the plat and proceed to assign addresses to the lots identified in the plat and R4~307A3doc 4 EXHIBIT 2 Page 4 of 6 authorize the issuance of building permits for the construction of residences on such lots, subject to compliance with applicable building codes and procedures concerning the issuance of building permits. The City acknowledges that Developer intends to defer the construction of sidewalks for particular residences in the subdivision until the construction of the driveways associated with such residences. The City will not be required in any event to issue a certificate of occupancy for a residence until the sidewalks and all required utilities and other infrastructure improvements on such lot have been completed. Developer shall be required to have all sidewalks and the infrastructure improvements constructed in the subdivision within two (2) years from the date of this Agreement. 17. EXECUTED in triplicate this _ This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. //~7 dayof ,/'[~I,C.I~ , 2004. Hogan Development Company, L.P. ("Developer") By: Neill F. Amsler, III Manager, Seabreeze, Ltd. Co. Its General Partner F\I 1\HOGAN\Deferment Agml-4 doc THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on j~c~j~__, 2004, by Neill F. Amsler, III, Manager, Seabreeze, Ltd. Co., a Texas limited liability company, acting as General Partner of Hogan Development Company, L.P., a Texas domestic limited partnership, on behalf of the partnership. R41307A3 doc 5 EXHIBIT 2 Page 5 of 6 ATTEST: By: Armando Chapa City Secretary CITY OF CORPUS CHRISTI ('"City") P. O.' Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: APPROVED AS TO FORM: This__ day of George K. Noe City Manager ,2004. R. Jay Reining First Assistant City Attorney For City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the__ day of ,2004, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas R41307A3 doc 6 EXHIBIT 2 Page 6 of 6 Eng: Murray F Hudson Final Cost Date: 3/15/04 Client: Hogan Dev. Co., L.P. for Deferred Improvements for Job No. 15552.09.00 By: RW BARCLAY GROVE UNIT 9 IT_ EM DESCRIPTION __ QUAN. QUAN. + UNIT UNIT _TOTAL 5% PRICE COST A. COLLECTOR STREET PAVING IMPROVEMENTS: 1 Clearing and Grubbing 1.28 1.34 AC $300.00 $402.00 2 Excavation 5,375 5,644 CY $2.85 $16,08540 3 2" HMAC Including Prime Coat 3,774 3,963 SY $6.20 $24,570.60 - ~--- 8" Cement Stabilized Caliche Base 3,774 3,963 ~Y- $7.00 $27,741.00 ~ 8" Lime Stabilized Subgrade 4,379 4,598 SY $3.20 $14,713.60 6 6" 'L' Curb 1,893 1,988 LF $8 25 $16,401.00 ~7 4' Concrete Sidewalk 3,786 3,975 SF $2.80 $11,13000 8 Stree~ Sign 1 I EA $425.00 $425.00 COLLECTOR STREET PAVING SUB-TOTAL: _ $111,468.60 B. COLLECTOR STREET STORM SEWER IMPROVEMENTS: ---1 30" RCP -- 52 55 LF $43.00 ' $2,36500 2 30" RCP 295 310 LF $55.00 $17,050.00 3 Type B Manhole I I EA $3,200.00 $3,200.00 4 5' Slot Inlet 2 2 EA $1,800.00 $3,600.00 -- - COLLECTOR STREET STORM SEWER SUB-TOTAL: $26~215.00 C. SUBDIVISION PAVING IMPROVEMENTS: 1 Clearing and Grubbing 13.90 14.60 AC $300.00 $4,380.00 - 2---' Excavation 9,185 9,644 CY- $2.85 $~,485.40 3 2" HMAC Including Prime C_o_at_.` __ 2,528 2,654 SY $6.20 $16,454.80 4 1/2" HMAC Incl. Prime Coat 6,868 7,211 SY $5.50 $39,660.50 5 8" Cement Stabilized Caliche Base 2,528 2,654 SY $7.00 $18,578.00 6 8" Cement Stabilized Caliche Base 6,868 7,211 SY $6 00 $43,266.00 7 8" Lime Stabilized Subgra_d._e_ _ 12,197 12,807 __.S_Y~ $3.20 $40,982.40 8 §" 'L' Curb _ 5~,3._28~ 5~,594 LF $8.25 $46,15050 9 4' Concrete Sidewalk 24,38~5. 25,_6_0_4 SF $2.80 $71,691.20 10 I Street Sign ...... 6 6 EA $425.00 $2,550.00 11 Concrete Va ey Gutter ............. 423 44~ EA $4.25 $1,887.00 ~12 Temporary Caliche Turnaround 628 659 SY $6.00 $3,954.00 13 AEP Sleeves 476 500 LF $8.00 $4,000.00 SUBDIVISION PAVING SUB-TOTAL: $321,039.80 D. SUBDIVISION STORM SEWER IMPROVEMENTS: I 15" RCP 92 97 LF $28.00 $2,71600 2 21" RCP 104 109 ~F $38.00 $4,142.00 3 24" RCP 14 15 LF $38.00 $570.00 4 36" RCP 75 79 LF $55.00 $4,345.00 5 42" RCP ~3-~2 .... 41~' -' L~- $73.00 $30,076.00 6 48" RCP 922 968 $89.50 $8~_,6~36.00 7 45" 0utf~JI-Structure ' ' 8 8 EA $1,800.00- $14,400.00 8 5' Slot Inlet 8 8 EA $3,200.00 $25,600 00 9 Type B Man_hole ............... 1 1 EA $3,400.0_0-- __$3,400.0~- SUBDIVISION STORM SEWER SUB-TOTAL: ~7'1,885.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 EXHIBIT 'C' 1-361-854-3101 1 of 2 Eng: Murray F. Hudson Final Cost Date: 3/15/04 Client: Hogan Dev. Co., LP. for Deferred Improvements for Job No. 15552.09.00 By: RW BARCLAY GROVE UNIT 9 _Tm_ DESCRIPTION QUAN. QUAN. + UNIT UNIT __ TOTAL 5% PRICE COST E. SUBDIVSION OFF-SITE DITCH IMPROVEMENTS: 1 Temporary Ditch Excavation 6,666 6,999 CY $2.35 $16,447.65 SUBDIVSION OFF-SITE DIT--(~H SUB-TOTAL: $16,44~.65 ~.. MISCELLANEOUS ITEMS: ...... 1 GeneraIConditions, Bondsand OCP 1 - --- 1 LS $15,200.00 $15,20Q0~- __ __MISCELLANEOUS-ITeMS SUB-TOTAL: $15,200.00~ BARCLAY GROVE UNIT 9 TOTAL: $662,256.05 PER DEFEREMENT AGREEMENT DEVELOPER BOND IS 110% OF CONTRACT VALUE $728,481.66 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 EXHIBIT 'C' 1-361-854-3101 2 of 2 14 CITY COUNCIL AGENDA MEMORANDUM Date: March 30, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to amend the scope of work for the CDBG FY2002 Neighborhood Centers of Corpus Christi project and reinstate and extend the contract term through November 30, 2004. Motion authorizing the City Manager or his designee to amend the scope of work for the CDBG FY2003 Garcia Arts Education Center Area Street Improvements Phase 1 & 2. ISSUE: Amending scope of work in an approved Consolidated Annual Action Plan (CAAP) funded projects requires City Council action and approval. REQUIRED COUNCIL ACTION: That the City Manager or his designee be authorized to amend the scope of work for the CDBG FY2002 Neighborhood Centers of Corpus Christi project and for the CDBG FY2003 Garcia Arts Education Center Area Street Improvements Phase 1 & 2. RECOMMENDATION: Staff~j~sa~:~f~~ recommends appr the o' presented. tor ADDITIONAL SUPPORT MATERIAL Background Information [] BACKGROUNDINFORMATION PRIOR COUNCIL ACTION: May 9, 2000, the City Council adopted its 2000 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs. Included was the approval of the following projects: Garcia Arts Education Center Area Street Improvements Phase 1 for $180,000 for the completion of design for street pavement, underground storm sewer, curb, gutter, sidewalks and driveways. Garcia Arts Education Center Area Street Improvements Phase 2 for $30,000 for design work and right-of-way acquisition for improvements. May 15, 2001, the City Council adopted its 2001 Consolidated Annual Action Plan for CPD Programs. Included was the approval of the following project. Garcia Arts Education Center Area Street Improvements Phase 2 for $55,000 for design and right-of-way acquisition for street improvements along the west side of 18th Street and remaining sections of 18th Street between A~l~nes and Mary Street and Marguerite Street between 18th and 17 TM Street. PROJECTBACKGROUND May 21, 2002, the City Council adopted the FY2002 Consolidated Annual Action Plan for CPD Programs. Included was the approval of the Neighborhood Centers of Corpus Christi project (Resolution No. 024887). Original scope The approved funding amount was $60,025 with Neighborhood Centers of Corpus Christi contributing $10,000 capital contribution. The approved scope of work included the rehabilitation and improvements to the Marguerite Neighborhood center, at 2020 Marguerite Street, to include removal of all exterior cedar facing, replace it with new siding, provide for interior renovations to the existing restrooms and to comply with current ADA standards. The contract term ended January 23, 2004. Proposed revised scope Due to the street improvements to the area, the re-alignment of Marguerite Street parallel to Agnes Street and the impact of these improvements to their facility, Neighborhood Centers of Corpus Christi is proposing to re- direct their original FY2002 CDBG funding which was identified for existing building improvements. These funds will be allocated towards a Phase 1 project that will consist of planning and design for a new facility. This will result in identifying construction costs for a Phase 2 project that will be proposed for FY2005 CDBG program funding. Phase 1 will consist of planning, design, drawings, geo tech costs, surveys, analysis, professional services and other preliminary cost. It is planned that the newly constructed facility will be built adjacent to the existing facility which will not disrupt existing operations of Neighborhood Centers of Corpus Christi at its present location. Any CDBG funding remaining from Phase 1 along with their capital contribution will be applied towards Phase 2. May 14, 2003, the City Council adopted the FY2003 Consolidated Annual Action Plan for CPD Programs. Included was the approval of the Garcia Arts Education Center Area Street Improvements Phase 1 & 2 project (Resolution No. 025309). OriRinal scope The approved funding amount was $80,000. The approved scope of work included additional funds for ROW acquisition, demolition, relocation, and compensation to the Neighborhood Center for damages to existing structure. The additional ROW is necessary to provide for a straight alignment of Marguerite Street instead of a curvilinear alignment. Future funds will be requested for street and drainage construction for 11th, 17th and Marguerite Street. This street alignment increases parking for local residents and activities in the Arts Center & Neighborhood Childcare Center. Proposed revised scope Revise the scope of work to indicate that compensation would be applied towards existing homeowners for ROW acquisition, demolition and relocation cost. A CDBG funding request from Neighborhood Centers of Corpus Christi is anticipated from the FY2005 CDBG Program. 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30, 2004 AGENDAITEM: 1. Resolution supporting the construction and permitting of a Corpus Christi LNG Facility by Corpus Christi LNG, L.P., an affiliate of Cheniere Energy, Inc. 2. Resolution the construction and permitting of a San Patricio LNG Facility by Vista del Sol LNG Terminal, L.P., an affiliate of Exxon Mobil. 3. Resolution supporting the construction and permitting of a Corpus Christi LNG Facility by Occidental Energy Ventures Corporation. ISSUE: Corpus Chdsti LNG, L.P., (an affiliate of Cheniere Energy, Inc.), Vista del Sol LNG Terminal, L.P. (an affiliate of Exxon Mobil), and Occidental Energy Ventures Corporation are the developers of liquified natural gas (LNG) receiving terminals. The LNG receiving terminals will be constructed along the La Quinta Channel on Corpus Christi Bay and will be within the City's extraterritorial jurisdiction. Since natural gas customers have been experiencing sustained higher prices and increased market volatility, and the United States needs new gas supplies to sustain its economy and because there are ample LNG supplies available from overseas, we believe this project will benefit Corpus Christi and the region by ensuring competitive natural gas prices and a stable source of long-term gas supply. The projects will also benefit the Corpus Christi Region by the employment of construction jobs, and direct and indirect jobs involved in the facilities operation. REQUIRED COUNCIL ACTION: Approval of attached resolutions. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION: Recommend approval of the resolutions. Ronald F. Massey Assistant City Manager RESOLUTION SUPPORTING THE CONSTRUCTION AND PERMITTING OF A CORPUS CHRISTI LNG FACILITY BY CORPUS CHRISTI LNG, L.P., AN AFFILIATE OF CHENIERE ENERGY, INC. Whereas, Cheniere Energy, Inc. is a publicly traded company based in Houston, Texas; Whereas, Cheniere Energy, Inc. is the developer of liquefied natural gas ("LNG") receiving terminals; Whereas, Cheniere Energy, Inc. is proposing the construction of an LNG receiving terminal along the La Quinta Channel on Corpus Chdsti Bay; Whereas, the docks for the LNG receiving terminal will be within the City of Corpus Christi; Whereas, the LNG receiving terminal will be with the City's extraterritorial jurisdiction; Whereas, natural gas is a clean fossil fuel that is relied upon by the residents of the City and the local industries; Whereas, natural gas customers have been experiencing sustained higher pdces and increased market volatility; Whereas, the United States needs new gas supplies to sustain its economy; Whereas, there are ample LNG supplies available from overseas; Whereas, the LNG by has been safely transported by special LNG carriers around the world for many years; Whereas, LNG can be safely vaporized and compressed for transport by pipeline at the receiving terminal; Whereas, Cheniere Energy, Inc. has completed its safety and design feasibility study for the Corpus Christi LNG facility; Whereas, Cheniere Energy, Inc, on December 22, 2003 filed an application with the Federal Energy Regulatory Commission to construct and operate the Corpus Christi LNG project; Whereas, Cheniere Energy's Corpus Christi LNG project will benefit Corpus Christi by making it an North American gateway for global energy; Whereas, Cheniere Energy's Corpus Christi LNG project will benefit the City of Corpus Christi and the region by ensuring competitive natural gas prices; R43005A2.doc 2 Whereas, Cheniere Energy's Corpus Christi LNG project will benefit the City of Corpus Christi and the region by ensuring a stable source of long-term gas supply; Whereas, Cheniere Energy's Corpus Christi LNG project will benefit Corpus Christi region by the employment of an average of 300 construction jobs per month and 100 direct and indirect jobs involved in the facilities operation Whereas, representatives of the City of Corpus Christi have met with the representatives of Cheniere to evaluate the proposed facilities; Whereas, the City fully understands the potential safety and environmental impacts associated with the construction and operation of an LNG terminal; Whereas, the City appreciates that the construction and operation of facilities such as these provide a secure job base for those who live and work in our community; Whereas, Cheniere Energy's proposed Corpus Christi LNG facility is good for the City of Corpus Chdsti, good for the state of Texas, and crucial for the nation; Whereas, Corpus Christi LNG, L.P., an affiliate of Cheniere Energy, Inc., has filed an application with the Federal Energy Regulatory Commission (FERC) in Docket No. CP04-37-000 for authorization to site, construct, and operate an LNG import terminal in San Patricio County, Texas; Whereas, the Corpus Christi LNG application presents the FERC with a mature filing that covers all environmental, engineering, safety, and other significant project impacts; Whereas, this complete filing, the project has the potential to be moved quickly through the permitting process on the local, state, and federal levels; Whereas, the Corpus Christi region and the State of Texas will be well-served by the addition of LNG terminal and regasification facility on Corpus Christi Bay; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi strongly supports Cheniere Energy's proposed Corpus Christi LNG import terminal and associated pipeline. SECTION 2. The City pledges to cooperate fully with the permitting of this facility, and urges the Federal Energy Regulatory Commission to expedite the process so that construction of the Corpus Christi LNG facility can commence this year in order to meet its stated goal of commencing operations for the 2007 -2008 winter heating season. R43005A2.doc ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 16th day of March, 2004. R. J ay,,,~e,j~ing Actin<~ Ci6j Attorney Samuel L. Neal, Jr, Mayor R43005A2.doc Corpus Christi, Texas 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 4 R43005A2.doc RESOLUTION SUPPORTING THE CONSTRUCTION AND PERMI'I-FING OF A SAN PATRIClO LNG FACILITY BY VISTA DEL SOL LNG TERMINAL, L.P., AN AFFILIATE OF EXXON-MOBIL Whereas, Vista del Sol LNG Terminal L.P. and Vista del Sol Pipeline L.P. are proposing the development of a Liquefied Natural Gas ("LNG") receiving terminal along the La Quinta Channel in San Patricio County, Texas, and an associated pipeline connecting to the existing U.S. pipeline infrastructure Whereas, the La Quinta Channel, a maintained channel in Corpus Christi Bay, is within the City of Corpus Christi; Whereas, the LNG receiving terminal will be with the City's extraterritorial jurisdiction; ~, · Whereas, natural gas is a clean fossil fuel that is relied upon by the residents of the City and the local industries; Whereas, natural gas customers have been experiencing sustained higher pdces and increased market volatility; Whereas, the United States needs new gas supplies to sustain its economy; Whereas, there are ample LNG supplies available from overseas; Whereas, the LNG by has been safely transported by special LNG carriers around the world for many years; Whereas, LNG can be safely vaporized and compressed for transport by pipeline at the receiving terminal; Whereas, Vista del Sol LNG Terminal LP and Vista del Sol Pipeline LP, both affiliates of Exxon Mobil Corporation, submitted a National Environmental Policy Act ("NEPA") pre- filing request on December 19, 2003, to the Federal Energy Regulatory Commission's Office of Energy Projects, which began the first step of the permitting process for the Vista del Sol LNG project; Whereas, Vista del Sol's San Patricio LNG project will help meet the growing demand for natural gas in the United States and to provide a safe, reliable, long-term, competitive source of energy; Whereas, Vista del sors San Patricio LNG project will benefit Corpus Christi by making Corpus Christi Bay an North American gateway for global energy; Whereas, Corpus Christi Bay is one of a few deepwater ports along the Gulf Coast suitable for importing LNG; R43005C1 .doc Whereas, the existing pipeline infrastructure in the region provides access to Texas and U.S. LNG markets; Whereas, the existing pipeline infrastructure is capable of handling the quantity of natural gas that this proposed project will bring to the area; Whereas, Vista del Sol's San Patdcio LNG project will benefit the City of Corpus Chdsti and the region by ensudng competitive natural gas pdces; Whereas, Vista del Sol's San Patricio LNG project will benefit the City of Corpus Christi and the region by ensudng a stable source of long-term gas supply; Whereas, representatives of the City of Corpus Christi have met with the representatives of Vista del Sol to evaluate the proposed facilities; Whereas, Vista del Sol's investment of more than $600 million will provide a safe, reliable, long-term, competitive source of energy for area residents and industries; Whereas, Vista del sors investment will help the Coastal Bend region attract new business and retain existing jobs in the face of declining natural gas supplies; Whereas, Vista del Sol's investment will provide additional economic benefits, such as highly skilled permanent jobs, as well as numerous construction and support jobs; Whereas, Vista del Sol's Corpus Christi LNG project will benefit Corpus Christi region by the employment of up to 600 construction jobs per month and 50 direct jobs involved in the facilities operation; Whereas, Vista del Sol's project will provide local contractors opportunities to participate in the project; Whereas, the City fully understands the potential safety and environmental impacts associated with the construction and operation of an LNG terminal; Whereas, the City appreciates that the construction and operation of facilities such as these provide a secure job base for those who live and work in our community; Whereas, Vista del Sol's proposed San Patdcio LNG facility is good for the City of Corpus Christi, good for the state of Texas, and crucial for the nation; Whereas, the Corpus Christi region and the State of Texas will be well-served by the addition of LNG terminal and regasification facility on Corpus Christi Bay; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi strongly supports Vista del Sol's proposed San Patricio LNG receiving terminal and associated pipeline. R43005C1 .doc 3 SECTION 2. The City pledges to cooperate fully with the permitting of this facility, and urges the Federal Energy Regulatory Commission to expedite the process so that construction of the Vista del Sol's proposed San Patricio LNG facility. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 25th day of March, 2004. R. ~l~eining / Acting'City Attorney Samuel L. Neal, Jr. Mayor R43005C1.doc Corpus Christi, Texas 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 4 R43005Cl.doc RESOLUTION SUPPORTING THE CONSTRUCTION AND PERMITTING OF AN LNG RECEIVING TERMINAL BY OCCIDENTAL ENERGY VENTURES CORPORATION Wl~ereas, Occidental Energy Ventures Corporation is proposing the construction of an LNG receiving terminal along the La Quinta Channel on Corpus Christi Bay; Whereas, the docks for the LNG receiving terminal will be within the City of Corpus Christi; Whereas, the LNG receiving terminal will be with the City's extraterritorial jurisdiction; Whereas, natural gas is a clean fossil fuel that is relied upon by the residents of the City and the local industries; Whereas, natural gas customers have been experiencing sustained higher prices and increased market volatility; Whereas, the United States needs new gas supplies to sustain its economy; Whereas, there are ample LNG supplies available from overseas; Whereas, the LNG by has been safely transported by special LNG carriers around the world for many years; Whereas, LNG can be safely vaporized and compressed for transport by pipeline at the receiving terminal; Whereas, Occidental Energy Ventures Corporation intends to make use of the Federal Energy Regulatory Commission's NEPA pre-filing process for the purpose of identification and resolution of any issues associated with the project at the early stages; Whereas, Occidental Energy Ventures Corporation's San Patricio LNG project will benefit Corpus Christi by making Corpus Christi Bay an North American gateway for global energy; Whereas, Occidental Energy Ventures Corporation's San Patricio LNG project will benefit the City of Corpus Christi and the region by ensuring competitive natural gas prices; Whereas, Occidental Energy Ventures Corporation's San Patricio LNG project will benefit the City of Corpus Christi and the region by ensuring a stable source of long- term gas supply; R43005B1.doc 2 Whereas, Occidental Energy Ventures Corporation's San Patricio LNG project will benefit Corpus Christi region by the employment of construction jobs, and direct and indirect jobs involved in the facilities operation Whereas, representatives of the City of Corpus Christi have met with the representatives of Occidental Energy Ventures Corporation to evaluate the proposed facilities; Whereas, the City fully understands the potential safety and environmental impacts associated with the construction and operation of an LNG terminal; Whereas, the City appreciates that the construction and operation of facilities such as these provide a secure job base for those who live and work in our community; Whereas, Occidental Energy Ventures Corporation's proposed San Patricio LNG facility is good for the City of Corpus Christi, good for the state of Texas, and crucial for the nation; Whereas, the Corpus Christi region and the State of Texas will be well-sewed by the addition of LNG terminal and regasification facility on Corpus Christi Bay; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi strongly supports Occidental Energy Ventures Corporation's proposed San Patricio LNG import terminal and associated pipeline. SECTION 2. The City pledges to cooperate fully with the permitting of this facility, and urges the Federal Energy Regulatory Commission to expedite the process so that construction of the San Patricio LNG facility. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 24th day of March, 2004. A'c~ Attorney R J inin~ Samuel L. Neal, Jr. Mayor R43005B1.doc Corpus Christi, Texas of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R43005B1 .doc 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 23,2004 AGENDA ITEM: A text amendment to the Zoning Ordinance to address non-illuminated temporary signs displaying the sale, rent, or lease of single-family, duplex or townhomes. ISSUE: Current regulations limit the size of the temporary signs to four (4) square feet regardless of whether it is a single-family residence or a large tract of vacant residential land. The Corpus Christi Association of Realtors supports this change. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Zoning Ordinance regarding non- illuminated temporary signs and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed text amendment to the Zoning Ordinance. B. A. Bailey, ~' . Director of Development Services Micl~ael N. G"unning, AICP ~' Assistant Director of Development Services Attachments: 1) Letter from Corpus Christi Association of Realtors 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIR~ERMA\WORD~ZORD\TEMPS IGN S AGENDAMEMO.DOC BACKGROUNDINFORMATION An amendment to the Zoning Ordinance is being proposed regarding temporary signs pertaining to the sale, rent or lease of single-family, duplex and townhome uses. The current ordinance permits temporary signs in residential districts provided they do not exceed four (4) square feet. The real estate industry typically uses a standard four (4) square foot sign and adds one or two rider signs to indicate name of realtor and/or specifics of house, i.e. swimming pool, 4 bedrooms, etc. Signs in large vacant, residentially zoned tracts of land are also limited under the current ordinance to four (4) square feet of sign area. Windshield survey along S. Staples Street, Yorktown Boulevard, South Padre Island Drive, and other major streets indicate that the temporary signs range from 16 square feet (1/2 plywood sheet)to 32 square feet (full plywood sheet). The proposed amendment recommends the temporary signs on properties developed with single-family, duplex or townhome uses, be increased to a sign area of six (6) square feet. The six (6) square feet would allow realtors to utilize the larger sign with additional information without being in violation of the Zoning Ordinance. The proposed amendment would allow large tracts of vacant residential land larger signs commensurate with the size of the land. Vacant tracts of land between three (3) acres and five (5) acres would be allowed a maximum sign area of 16 square feet. Vacant tracts of land with five (5) acres or more that front an arterial, highway, or expressway would be allowed a maximum sign area of 32 square feet. In both situations, the sign heights would be limited to eight (8) feet. There are properties with multiple street frontages, i.e., through- lots. Properties located in Padre Island and other water oriented lots that back up to the canals, are currently placing real estate signs oriented towards the canals. This is also the case for properties that back-up to golf courses. The proposed text amendment defines street frontage as also having frontage along a canal or golf course. Staff has met with the Corpus Christi Board of Realtors and they support the proposed amendments. H:~PLN-DIR~ERMA\WORD~ZORD\TEMPS IGNSAGENDAM EMO.DOC Maroh 11, 2004 OFFICER Mayor and City Council City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Attn: City Secretary Honorable Mayor and City Council: I am writing to you on behalf of the Board of Directors of the ,7.orpus Christi Association of REALTORS~ conceming an agenda il~.~m for your consideration on March 23, 2004. The Corpus Christi Association of REALTORS~ is in support c: the proposed text amendment to the Zoning Ordinance regarding the plac~ 13ent and size of temporary for sale and for lease signs on residentially zone( lands. Thank you very much. Sincerely, David Cheek Chief Executive Officer Cc: Armando Chapa, City Secretary Michael Gunning, Director of Planning & Development Planning comrmssion Minutes February 11, 2004 ZONING ORDINANCE TEXT AMENDMENT - Temporary signs for single-family, duplex, and townhome uses and amend amount of penalty fines Mr. Saldana indicated action on increases zoning code violations would be postponed to the February 25th heating. Commissioner Amsler abstained fi.om participation regarding temporary signs and left the room. Mr. Saldana explained that the temporary sign amendment applies to duplexes and townhomes being advertised for sale. The realtors are constantly violating the 4 square foot area limitation for temporary sign for sale when they add a 2 square foot area for the name of the realtor, other language, or amenities. The amendment allows the temporary sign to be 6 square feet for these properties. The amendment further identifies temporary signs for vacant tracts of land for a sign up to 16 square feet. Public hearing was opened. David Cheek, CEO of the Corpus Christ Board of Realtors, 5250 Everhart Road, stated he believed that the concerns of the realtors have been addressed with this amendment and he was in favor of the amendment as proposed by Staff. Public heating closed. Motion by Smith, seconded by Zamora, to approve the amendment as submitted. Motion passed with Richter absent and Amsler abstaining. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING SECTIONS 4A-2, 4B-2, 4C-2, 5-2, 6B-2, 8-2, 8A-2, AND 9-2 TO ALLOW FOR TEMPORARY NON-ILLUMINATED SIGNS PERTAINING TO THE LEASE, HIRE, OR SALE OF A BUILDING OR PREMISES ON WHICH THE SIGN IS LOCATED, WITH CERTAIN PARAMETERS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 11, 2004, during a meeting of the Planning Commission, and on Tuesday, March 23, 2004, for the first reading and on Tuesday, March 30, 2004, for the second reading,.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 weft'are 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. Section 4A-2 (14) of the Zoning Ordinance is amended by adding a new subparagraph (c) to read as follows: Section 4A-2 Use Regula~ons. A building or premises shall be used only for the following purposes: (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non-illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right-of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. -1- H:~LEG-DIR~JOSEPH~ORD-TEMPSIGNS04.DOC (c) Temporary non-illuminated signs pertaininq to the lease, hire1 or sale of a building or premises on which such si.qn is located, may not exceed the following parameters: (1) For properties developed with single-family uses, the sign mav not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box per premise. Only one sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter- sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign ar~a of 32 square feet. Only one si.qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a ,qolf course. SECTION 2. Section 4B-2 of the Zoning Ordinance is amended by adding a new paragraph (13) to read as follows: Section 4B-2 Use Regulations. A building or premises shall be used only for the following purposes: (13) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the followin.q parameters: (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a heiqht of eight (8) feet and a sign area of sixteen (16) square feet~ Only one sign per H:'~LEG-DIRUOSEPFAORD-TEMPSIGNS04.DOC -2- street frontaqe is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5)1 the si.qn may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontaqe inc udes frontage along a canal or a .qolf course SECTION 3. Section 4C-2 (9) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 4C-2 Use Regulations. A building or premises shall be used only for the following purposes: (9) Temporary non-illuminated signs of '~"* .... *~-'-'- ~ .... /'~ ....... ~'-'~* pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the followinq parameters: (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. H:~LEG-DIRUOSEPH~ORD-TEMPSIGNS04.DOC -3- SECTION 4. Section 5-2 (11) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 5-2 Use Regulations. following purposes: A building or premises shall be used only for the (11) Temporary non-illuminated signs of pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (a) For properties developed with single-fam y uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containinq not less than three (3) acres and not more than five (5) acres, the sign may not exceed a heiqht of eight (8) feet and a si.qn area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a heiqht of eight (8) feet and a si.qn area of 32 square feet. Only one sign per street frontaqe is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. SECTION $. Section 6B-2 (7) of the Zoning Ordinance is revised and amended by adding new subparagraphs (a), (b), and (c) to read as follows: Section 6B-2 Use Regulations. A building or premises shall be used and developed according to the following regulations: (7) Temporary non-illuminated signs cf "'-* *~-~'- ~'-, /A~ .... ,q~CrC ...... ' ........ ~'~* pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: H:\LEG-DIR~JOSEPI~ORD-TEMPSIGNS04.DOC -4- (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one si.qn per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one si.qn per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. SECTION $. Section 8-2 of the Zoning Ordinance is amended by adding a new paragraph (7) to read as follows: Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: (7) Temporary non-illuminated signs pertaininq to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the followinq parameters: (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontaqe is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only -5- H:kLEG-DIR~JOSEPH~ORD-TEMPSIGNS04,DOC one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section1 street frontage includes frontaqe along a canal or a golf course. SECTION 7. Section 8A-2 of the Zoning Ordinance is amended by adding a new paragraph (17) to read as follows: Section 8A-2 Use Regulations: A building or premise shall be used and developed according to the following regulations: (17) Temporary non-illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a heiqht of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course SECTION 8. Section 9-2 of the Zoning Ordinance is amended by adding a new paragraph (13) to read as follows: Section 9-2 Use Regulations. A building or premises shall be used only for the following purposes: H:\LEG-DIRkJOSEPH~ORD~TEMPSIGNS04.DOC -6- (13) Temporary non-illuminated signs pertaininq to the lease, hireI or sale of a building or premises on which such sign is located, may not exceed the followinq parameters: (a) For properties developed with single-family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter-sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. (c) For undeveloped properties exceedinq five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter-sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a .qolf course. SECTION 9. 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 10. 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 11. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION '12. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. H:~LEG-DIRUOSEPH~ORD-TEMPSIGNS04.DOC -7- SECTION 13. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRUOSEPH~ORD-TEMPSIGNS04.DOC -8- That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, 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 PASSED AND APPROVED, this the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: Joseph H rn~ey (~-"~-- Assistant City Attorney For City Attorney H:\LEG-DIR~JOSEPH~ORD-TEMPSIGNS04.DOC Samuel L. Neal, Jr. Mayor ,2OO4; -9- 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 30,2004 AGENDAITEM: a) Public Hearing - Zoning Ordinance and Plattin.q Ordinance Text Amendment: A text amendment to the Zoning Ordinance and Platting Ordinance to increase penalties for code violations to be consistent with State law. b) First Reading - Ordinance adopting text amendment to the Zoning Ordinance to increase penalties for code violations. c) First Reading - Ordinance adopting text amendment to the Platting Ordinance to increase penalties for code violations. ISSUE: Current penalties in the Zoning Ordinance and Platting Ordinance are less than permitted by State law. REQUIRED COUNCIL ACTION: Approval of the proposed text amendment to the Zoning Ordinance and Platting Ordinance to increase penalties for code violations to be consistent with State law and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: None. FUNDING: None. CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed text amendments to the Zoning Ordinance and Platting Ordinance. ~pment Services Attachments: 1) Planning Commission Minutes 2) Ordinance ~Vlicha~l N. Gunning, AICP ~/ Assistant Director of Develophtent Services H:\PLN-D1R~ERMA\WORD~ZORD\VIOLATIONFINESAGENDAMEMO.DOC BACKGROUND INFORMATION 1. The Zoning Ordinance proposed text amendment increases the maximum allowable fines for zoning violations. The amendment follows the maximum fine allowed underState law. The current maximum fine imposed by the City is $1,000.00 per offense per day. State law and the proposed amendment set the limit at $2,000.00 per offense per day. 2. The Platting Ordinance proposed text amendment increases the maximum allowable fines for zoning violations. The amendment follows the maximum fine allowed under State law. The current maximum fine imposed by the City is $100.00 per offense per day. State law and the proposed amendment set the limit at $500.00 per offense per day. H:~PLN-DIR\ERMA\WORD~ZORDWIOLATIONF1N ESAGENDAMEMO DOC Planning Commission Minutes February 25, 2004 ZONING/PLATTING ORDINANCE TEXT AMENDMENT - Amendments increasing penalties for code violations per Estate law. Zoning fines are increased from a maximum of $1,000.00 to $2,000, and platting fines being increased from $100.00 to $500.00 2000 to be in accordance with state law. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Stone, to approve the ordinance. With Zamora being absent, Amsler being abstained. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTIBY REVISING SECTION 35-3, BY CHANGING THE MAXIMUM FINE AMOUNT FROM $1,000.00 TO $2,000.00; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 2004, for the first reading and on Tuesday, April 13, 2004, for the second reading, 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 maximum penalty amount of $2,000.00 for the Zoning Ordinance is reflective of the maximum amount allowed for municipalities in Section 54 of the Local Government Code for code violations of this type; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI; SECTION 1. That Section 35-3 of the Zoning Ordinance of the City of Corpus Christi is revised to read as follows: Section 35-3 Any person or corporation who shall violate any of the provisions of the Ordinance or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than ~e-Two Thousand Dollars ($!,000) ($2,000), and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this Ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who have assisted in the commission of any such violation shall be guilty of a separate offence and upon conviction thereof shall be fined as ~provided in this section. SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neak Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison. Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the .-- day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004, CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form Samuel L. Neal, Jr. Mayor By: Joseph H r~ney (~-''' ~ Assistant City Attorney For City Attorney AN ORDINANCE AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY REVISING SECTION Xl- PENALTIES, BY CHANGING THE MAXIMUM FINE AMOUNT FROM $100.00 TO $500.00; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Platting Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 2004, for the first reading and on Tuesday, April 13, 2004, for the second reading, 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 maximum penalty amount of $500.00 for the Platting Ordinance is reflective of the maximum amount allowed for municipalities in Section 54 of the Local Government Code for code violations of this type; 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; SECTION 1. That Section Xl of the Platting Ordinance of the City of Corpus Christi is revised to read as follows: SECTION Xl - PENALTIES, A_.~. Violation of any provision or provisions of this Ordinance by any subdivider shall constitute a misdemeanor and upon conviction of such violation in the Municipal Court of the City of Corpus Christi, a fine not exceeding one-five hundred dollars ~ ....... , ($500.00) shall be imposed, and each day that such violation continues shall be a separate offense. B_~. tn case a corporation is the violator of any provisions of this ordinance, each officer, agent, and/or employee in any wise responsible for such violation thereof shall be individually and severally liable for the penalties herein prescribed_. C. Nothing in this section or in the ' ~'""'~'~'-'~ ~- ......... *~' ..... ~ ..... i,.~ .... application of this ordinance shall .-.ct apply to a duly qualified County Clerk and/or Deputy County Clerk acting in their official capacity, or in any wise be construed to conflict with Article 4275, Pcna! Code cf thc Stat: cf T:x~s Section 212.017, Texas Local Government Code or Section 12.002, Texas Property Code. 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 in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED, this the ATTEST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form Samuel L. Neal, Jr. Mayor ,2004; By: Assistant City Attorney For City Attorney 18 AGENDA MEMORANDUM PUBLIC HEARING: An Amendment to the Preservation Plan DATE: March 25, 2004 CITY COUNCIL ACTION DATE: March 30, 2004 A public hearing to consider an amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designation of 402 Peoples Street as a "Potential Landmark." First reading of an ordinance amending the Preservation Plan, An Element of the Comprehensive Plan, by designation of 402 Peoples Street as a "Potential Landmark," providing for severance; and providing for publication, Landmark Commission's Recommendation: Approval (01/22/04] Plannin,q Commission's & Staff's Recommendation: Approval (03/24/04} Requested Council Action: Approval of an Amendment to the Preservation Plan, An Element of the Comprehensive Plan, by designating a property located at 402 Peoples Street as a "Potential Landmark~ within the Preservation Plan, [See Attachments) Purpose of Request: The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements ot the City of Corpus Christi, per the 'HC' Historical-Cultural Overlay District of the Zoning Ordinance and policy guidelines of the Preservation Plan, an element of the Comprehensive Plan. The owner ot property located at 402 Peoples Street is requesting designation as a "potential [ar~mark" and listing within the appendixes of the Preservation Plan for codification purposes. Designation of the subject property as a "potential landmark" will continue the success of preserving the city's history. Summary: The property owner agreed, in writing, to designate and list the structure at 402 Peoples Street as a "potential landmark" in accordance with the Zoning Ordinance and the Preservation Plan. Classifying this property as such will satisfy the "HC" HistoricaFCuitural Landmark Preservation District within the Zoning Ordinance. The policy states that the Landmark Commission is charged to: Safeguard the heritage of the City of Corpus Christi by preserving sites and structures which reflect elements of the City's cultural, social, ethnic, political, archeological, and architectural history, The policy is implemented by allowing Cily Council to designate properties of historical importance as *potential landmarks.' A *potential landmark is defined as: "Any site, place, building, structure, or work of ad' located on a single lot or series of adjacent lots under common ownership which as special character or aesthetic value as peri of the development, heritage, archaeological, or cultural characteristics of the cily, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase Agenda Memorandum - Preservation Plan March 25, 2004 Page 2 By designating this property as a potential landmark, the removal or demolition of such property through the permit process will invoke a thirty-day stay of demolition/removal, unless public health, safety, or welfare is threatened, The 30-day stay allows for the Landmark Commission to be notified and affempt preserving the structure by meeting with the ownerls) of the structure to identify alternatives other than demolition/removal. After meeting with the property owner and demolition/removal is still desired, the Landmark Commission shall submit a letter to the Building Official releasing the property from the 30-day stay, If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit, The Landmark Commission completed the Corpus Christi Historical Site Survey, Phase II in 1997; which was a precursor to "Potential Landmark" designation on property. The Phase II Site Survey includes a total of 1,211 properties, whereby Nventy-six (26) properties are currently listed as "potential landmarks," These lwenty-six (26) properties are excellent historical examples of Corpus Christi architecture prior to 1948. Director of Develblm~ent Services Michdel N. Gunning, AICP /~ Assistant Director of Development Servicb~s FGM/Iw Affachments: 1] 2) 3) 4) 5] 6) Memorandum from Landmark Commission Response Form for Potential Landmark Status Zoning Maps Graphic of Structure Affachment A - Catalog of 'Potential Landmark" Ordinance CC: Margie C. Rose, Assistant City Manager of Development Services MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commission Members Myron Grossman, Landmark Commission Chairman March 15, 2004 Designating 402 Peoples Street Property as a Potential Landmark & Amending the Prese~vatiee Plan to include this Site within the Plan At the JanuaP/ 22, 2004 public hearing, the Landmark Commission approved submitlthg a property lacated at 402 Peoples Street, whereby such property owner has agreed to classify his property as a 'Potential Landmark" in accordance with the Zoning Ordinance and Preservatic~ Plan (see attached). The prapedy was included in the Corpus Christi Historical Site Survey and was built in the early 1900s. Several modifications have been mede to the building without destroying its exterior integrily. The original exterior was cladded wifn variaus materials during the 1950s and then again in the 1970s. After researching the properly, it was found fnat the original window openings still e~ist. Cladding is a method used in retaining histafical shuctures until re~loration can be made. Classifying this property will satisfy a policy of the 'HC" Historical/Cultural Landmark Preservaliee District within the Zoning Ordinance. The I:X)licy states that the Landmark Commission is charged to: · $oteguord the heritage of the City of Corpus Christi by preserving sites and structures which reflect elements of the cil~s cultural, social, ethnic, political, archeological, and archilectural histo~/. lhe policy is implemented by allowing City Council to designate a propedy at historical imporlaeee as "potential landmarks." A "potential landmark" is defined as: 'Any site, building, struclure, or work of art located on a single lot or a series of adjacent lots under common ownership which has special character or aesthetic value as part of the development, heritage, archaeological, or cultural characteristics of the city, state, or the United States which has been designated by the City Council as a 'Potential Landmark' and is contained in the Corpus Christi Site Survey Phase I1." By designating lhe propedy as a 'potential landmark" and listing the propedy within the Preservotiafl Plan, the removal or demolition of such propedy through the permit process 'Mil invoke a thirty-day stay of demolition/removal unless public health, safefy or welfare is threatened. 1he 30-day stay allows time tar the Landmark Ccmmissiee to be notified and ta attempt presetving the structure by meeting with lhe properfy owner to identify alternatives other than demolition/removal, After meeting the property owner and demolifiorVremoval for the pfapedy is still desired, ~ Landmark Commission will submit a tetter to the Building Official releasing fl~e properly from the 30-day stay. If the Landmark Commission fails to act within the 30-day time period, the Building Official shall issue the demolition/removal permit. In order tar the Landmark Commission to meet the challenge of protecting historical resources of the cammun~, the 'HC" District was revised in 1990, which provided regulations in meeting the objectives. The Landmark Commission campleted 1he Caf pus Christi Historical Site Survey, Phase II in 1997, which was a precursor to the 'Potential Landmark designation for properties. 1he Phase II Site Survey includes 1,211 properties and currently twenty-six (26) properties are listed as 'Potential Landmarks.' It is the ullimate goal of the Landmark Cammissian to designate more properties as "Potential Landmarks" ancl/a~ 'HC" overlay designation. it is still the Landmark Commission's goal to creete a continuaus awareness in pr~ ,dy awners of fne value of ~heir historical elements and assist the city in helping such structures sul~'ive through ti~ Myron (~iossman, Chairman Aflachments CITY OF CORPUS CHRIST:[ LANDMARK COMMISSION RESPONSE FORM FOR "POTENTIAL LANDMARK" DESIGNATION 2004 Please mark your response below and complete the property information. ! hereby aqree to have my property designated as a "Potential Landmark" ! hereby decline to have my property designated as a "Potential Landmark" Name of Property Owner: ~.~-'~-' Address of Potential Landmark: 402 Peoples Street Completed form should be returned to the address below: City of Corpus Christi Development Services Department Planning Section Attention: Faryce Goode-Macon, City Planner P. O. Box 9277 Corpus Christi, Texas 78469-9277 .I <~ TAYLOR ST 6 7R .19 SUBJEC' PARCEl BEA ;H 4 02-18-04/AS Potential Landmark 402 Peoples St. NORTH 0 100 200 Feet VIEWPOINTS A '] '1 Corpus Christi Caller-Time~, Wedn~flay, February S, 2003 CURRENT STRUCTURE Historic huildings The City National Bank was · '- - -;, ........ ,~ ~' eco~nizable landmark in early 1900s. CATALOG OF ""POTENTIAL LANDMARK" MARCH 30, 2004 NAME STREET ADDRESS & LEGAL DESCRIPTION ZONING DESIGNATION _ 402 Peoples Street Glen °. Peterson Beach Addition Southeast, 40 feet x 100 feet of Lot 1 and East 10 feet of West 50 feet of Lot 1 Block 10 B-6 Attachment A (H:WORM\l N-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARN.ORD.DOC) AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI PRESERVATION PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN, BY DESIGNATING PROPERTY LOCATED AT 402 PEOPLES STREET AS A "POTENTIAL LANDMARK" AND BY ADDING THAT ONE PROPERTY THAT HAS BEEN DESIGNATED AS A POTENTIAL LANDMARK WITHIN THE PRESERVATION PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Section 28A-11.01.01 of the City's Zoning Ordinance requires the Preservation Plan to identify and catalog buildings, structures, sites, districts, areas, lands and other objects of special architectural, historical, archeological, or cultural value, as properties identified as Landmarks or Potential Landmarks, along with statement of fact, which verify their significance; and WHEREAS, the Landmark Commission held a public hearing on Thursday, January 22, 2004 on the Potential Landmark Designation located at 402 Peoples Street to receive comments from the public on whether the property should be designated; and WHEREAS, the property owner responded to City Staff, in writing, and agreed to list his property as a Potential Landmark; and WHEREAS, the Planning Commission received a report from the Landmark Commission recommending designating the property as a Potential Landmark; and WHEREAS, the Planning Commission held a public hearing on Wednesday, March 24, 2004 to receive comments from the public on whether the property should be designated as a Potential Landmark and to consider this proposed amendment to the Preservation Plan; and WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendation concerning designation of the property as a Potential Landmark and on this proposed amendment to the City's Preservation Plan; and WHEREAS, on Tuesday, March 30, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, the City Council held a public headng on the proposed designation of the property as a Potential Landmark and on this proposed amendment to the City's Preservation Plan, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this amendment to the Preservation Plan would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi Preservation Plan, an Element of the Comprehensive Plan, is amended by adding one (1) Potential Landmark to Appendix B, a copy of which is attached to the ordinance. SECTION 2. The property listed in Appendix B, Catalog of Potential Landmark, of the City of Corpus Christi Preservation Plan is designated as a Potential Landmark and the provisions of Section 28A-7.01 of the Zoning Ordinance apply to the demolition or removal of the Potential Landmark or its permanent landscaping. SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. CATALOG OF "POTENTIAL LANDMARK" MARCH 309 2004 Attachment A (H. WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARKORD. DOC) STREET ADDRESS & LEGAL ZONING NAME DESCRIPTION DESIGNATION 402 Peoples Street Glen R. Peterson Beach Addition Southeast, 40 feet x 100 feet of Lot 1 and East 10 feet of West 50 feet of Lot 1, Block 10 B-6 Attachment A (H. WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARKORD. DOC) CATALOG OF "HC" DESIGNATED LANDMARKS APRIL 17, 2003 Attachment B (H: WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARKORD.DOC) STREET ADDRESS & LEGAL OVERLAY ZONING WP'H& NAME DESCRIPTION DESIGNATIN 1315 Craig Street Metropolitan Community Church Bay View, Bk 15, Lots 16-20 R-2P'HC-1" 821 Oak Park Oak Park, Bk 2, Lots 1-4 & Lots 21 & Sharon Chatterton 22 R-1B/"HC-F" South Bluff United Methodist Church 1329 Seventh Street Bay View, Bk 2, Lots 12-16 AB/"HC-1" 878 Oak Park Oak Park United Methodist Church Oak Park, Bk 9, Lots 10-12 R-1 B/"HC-1" Attachment B (H: WORD\PLN-DIR\LINDA\WORD\ORD\HCPOTENTIALLANDMARKORD.DOC) That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, 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 PASSED AND APPROVED, this the __ ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor Approved as to legal form /-P/~-~¢. z Y' ,2004; By: JosephHa e~y/~/ Assistant City Attorney, For City Attorney 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 30, 2004) Case No.: 0204-05~ Richard O. Serna: A change of zoning from a "R-lB" One-family Dwelling District to a "B- 1" Neighborhood Business District. The property is on Tracy Subdivision, Block 6, Lot 3, located along Elizabeth Street to the west and I00 feet north of Baldwin Boulevard. Planning Commission and Staff's Recommendation (02/25/04): Approval. Requested Council Action: Approvalofthe"B-l"Districtandadoptionofthe attached ordinance. Purpose of Request: To utilize lot as part of the convenience store property to the west. Summary: The applicant has requested a change of zoning from a"R- lB" One-family Dwelling District to a "B- 1" Neighborhood Business District to utilize the subject property as part of the convenience store property to the west. The subject property consists of 0.17 of an acre and is developed with a single-family structure that may be relocated or demolished pending the result of the zoning request. The owner of the convenience store, to the west, purchased property south of the subject property and plans to demolish and rebuild the store on the seven lot area along Baldwin Boulevard, Riggan Street and Elizabeth Street. Baldwin Boulevard is classified as an arterial with Riggan and Elizabeth Streets being local roadways. With redevelopment of the convenience store on the seven lot area, new driveways along Riggan and Elizabeth Streets are prohibited. As stated in the driveway ordinance, driveway access is prohibited along a local street when access can be obtained along a freeway, expressway, arterial or collector roadway. The ITE Trip Generation Manual estimates that a convenience store with fueling pumps typically generates 73.05 average daily trips, per 1,000 square feet of gross floor area of the building. Baldwin Boulevard is designed to accommodate traffic generated from this use. An alley between the existing convenience store and the subject property was closed in 1982 and retained as a utility easement. A s~cture is not allowed along the easement area, however, paving and vehicle crossing along the easement area is permitted. North of the subject property is a vacant lot and a single-family subdivision zoned with a "R-lB" District. Vacant lots zoned a "B-I" District are located to the south. Located east of the subject property is a vacant building and to the west is a convenience store, both zoned a "B-I" District. Applicant's Position: The applicant concurs with Planning Commission and Staff's recormmendation. Notification: Of the twenty-two notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Assistant Director of Development Services BAB/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLIq-DIR~ERMA\WORD~AGENDM EM~2004X0204~)5 AGENDAIVlEMO.DOC CITY COUNCIL ZONTNG REPORT Case No.: 0204-05 Planning Commission Hearing Date: February 25, 2004 Applicant: Richard O. Sema Owner: Same as applicant Agent: Same as applicant Property Area: Tracy Subdivision, Block 6, Lot 3, located along Elizabeth Street to the west and 100 feet north of Baldwin Boulevard. From: "R-lB" One-family Dwelling District To: "B-I" Neighborhood Business District Area: 0.17 acre (7,500 square feet) Purpose of Request: Utilize lot as part of the convenience store property to the west. Zoning Land Use Site "R-lB" Single-family dwelling North "R-lB" District Vacant lot and Single-family dwellings South "B-l'District Vacant lots East "B-I" District and Vacant commercial building and single-family "R- 1B" District subdivision l~est "B-I" District Convenience store with fueling pumps Zoning Report Case No. 0204-05 (Richard O. Sema) Page 2 Staff's Summary: The applicant has requested a change of zoning from a"R-1B" One-family Dwelling District to a "B-I" Neighborhood Business District to utilize the subject property as part of the convenience store property to the west. The subject property consists of 0.17 of an acre and is developed with a single-family structure that may be relocated or demolished pending the result of the zoning request. The owner of the convenience store, to the west, purchased property south of the subject property and plans to demolish and rebuild the store on the seven lot area along Baldwin Boulevard, Riggan Street and Elizabeth Street. Baldwin Boulevard is classified as an arterial with Riggan and Elizabeth Streets being local roadways. With redevelopment of the convenience store on the seven lot area, new driveways along Riggan and Elizabeth Streets are prohibited. As stated in the driveway ordinance, driveway access is prohibited along a local street when access can be obtained along a freeway, expressway, arterial or collector roadway. The ITE Trip Generation Manual estimates that a convenience store with fueling pumps typically generates 73.05 average daily trips, per 1,000 square feet of gross floor area of the building. Baldwin Boulevard is designed to accommodate traffic generated from this use. An alley between the existing convenience store and the subject property was closed in 1982 and retained as a utility easement. A structure i s not allowed along the easement area, however, paving and vehicle crossing along the easement area is permitted. North of the subject property is a vacant lot and a single-family subdivision zoned with a "R-lB" District. Vacant lots zoned a "B-I" District are located to the south. Located east of the subject property is a vacant building and to the west is a convenience store, both zoned a "B-1" District. Area Development Plan: Southeast ADP Map: J15A Zoning Violations: None Street Type Paved Section Volume Elizabeth Street Local 50' ROW w 28' Bk. to Bk. Not avail. section (Planned -Same) Baldwin Boulevard Arterial 80' ROW w/62'Bk, to Bk. 20,812 section (Planned -Same) a.d.t. Zoning Report Case No. 0204-05 (Richard O. Serna) Page 3 The requested "B-I" District is generally supported by the Comprehensive Plan's policy statement which encourages merging of smaller lots into one coxnmercial development. The merging is an effort to reduce traffic points of conflict. By extending the "B-I" District onto the subject property, the depth of the commercial boundary is established similar to that of the surrounding "B-I" District property. Approval of the "B-1" Neighborhood Business District. Approval. Favor- 2 Opposed- I Attachment Zoning map Il :XP LN -DIR~EPoMA\WORDXZON RPTS~2004\0204-05CC REPO RT.DOC o2-~2-o4,As Case Z0204-05 Notice Map A ~;,,1 '-' ~-"'~ ....... '"~' ...... NORTH Plamiing commission Minutes February 25, 2004 0204-05 - Richard O. Sema: REQUEST: "R-lB" One-family Dwelling DisU'ict to "B-I" Neighborhood Business District on property located along Elizabeth Street to the west and 100 feet north of Baldwin Boulevard. Ms. Goode-Macon presented a computerized slide illustration of the subject property and its surrounding area. She stated the proposed use is a convenience store. (Zoning report on file.) Public hearing opened. Richard Sema, 5329 Fulwetl, stated he was available for questions. Public hearing was closed. Motion by Salazar, seconded by Mims, to approve as submitted. Motion passed with Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RICHARD SERNA BY CHANGING THE ZONING MAP IN REFERENCE TO TRACY SUBDIVISION, BLOCK 6, LOT 3 FROM "R- lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Richard Serna 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 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 3, Block 6, Tracy Subdivision, located along Elizabeth Street to the west and 100 feet north of Baldwin Boulevard, from "R-1B" One- family Dwelling District to "B-I" Neighborhood Business District. (Map J15A) 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-04\0204-O5REGULAR.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 ?. That upon written request of the Mayor or five Council members, copy attached, the City Oounci! (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 30th day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED JosephH n~ey ~' Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~EG-DIR~JOSEPH~_ONING-04\0204-05REGULAR.DOC Page 3 of 3 Corpus Christi, Texas day of ., 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~.EG-DIR~JOSEPH~ZONING-O4\0204-05REGULAR.DOC 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 30, 2004) Case No.: 0204-06~ Maurice C. Hunsaker and Walter Day: A change ofzon/ng from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District. The property is on Flour Bluffand Encinal Farm and Garden Tracts, Section 26, being 19.98 acres out of Lot 12, located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road. Planning Commission's Recommendation (02/25/04): Approval. Staff's Recommendation {02/25/04}: Denial of the "R-lC" District, and in lieu thereof, approval of a "R-lB" One-family Dwelling District. Requested Council Action: Approval of the "R-lC" District and adoption of the attached ordinance. Purpose of Request: Development of a 93-1ot single-family subdivision. Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "R-lC" One- family Dwelling District to develop a 93-1ot single-family subdivision. Minimum lot area permitted in the "F-W' District is five (5) acres and in the "R-lC" District 4,500 square feet, whereby the "R-lB" District requires a minimum lot area of 6,000 square feet. The "F-W' District permits one (1) trait per five (5) acres, the "R-lC" District allows 9.68 units per acre, and the "R-lB" District allows 7.26 units per acre. The South Fork Subdivision located to the north, is developed with a mixture of "R-lB," "R-lC," and "R-2" District properties that contain single-family residences and townhomes. A change of zoning to a "R-lB" District is preferred on the subject property due to its lower density rating, however, a "R-lC" District is supported due to the district being a low density alternative. The "R-lC" District development could generate 193 average daily hips. The Southside Area Development Plan's future land use map recommends the subject property develop as a low-density residential use which the "R-lC" District accomplishes. Access for the property is provided along County Road 26-A designed as a rural roadway with a 28-foot paved section. The Transportation Plan recommends County Road 26-A (Brooke Road) be improved as an 80' R.O.W. with a 28' back-to-back paved section. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the thirty-two notices mailed to the surrounding property owners, none were returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunning, AICP Assistant Director of Development Services BAB/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~P LN-DIR\ERMA\WORD~AGEN DM EM~2004~2044J6AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0204-06 Planning Commission Hearing Date: February 25, 2004 Applicant: Maurice C. Hunsaker and Walter Day Owner: Same as applicant Agent: David Underbrink - Naismith Engineering, Inc. Property Area: Being 19.98 acres out of Lot 12, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located along County Road 26-A (Brooke Road) to the north and 2,000 feet east of Rodd Field Road. From: "F-R" - Farm-Rural District To: "R-I C" - One-family Dwelling District Area: 19.98 acres Purpose of Re~luest: Development of a 93-1ot single-family subdivision Zoning Land Use Site "F-R" Undeveloped land and one single-family residence North "R-lB" "R-lC" & "R-2" Single-family dwellings and townhomes Districts South "F-R" & "R-lB" Undeveloped land Districts East "F-R" & "R-lB" Undeveloped land Districts Y~est "R-lB" District : Undeveloped land Zoning Repor~ Case No. 0204-06 (Maurice C. Hunsaker and Walter Day) Page 2 Staff's Summary: The applicant has requested a change of zoning from a "F-R" Farm- Rural District to a "R-lC" One-family Dwelling District to develop a 93-1ot single-family subdivision. Minimum lot area permitted in the "F-R" District is five (5) acres and in the "R-IC" District 4,500 square feet, whereby the "R-lB" District requires a minimum lot area of 6,000 square feet. The "F-R" District permits one (1) unit per five (5) acres, the "R-lC" District allows 9.68 units per acre, and the "R-lB" District allows 7.26 units per acre. The South Fork Subdivision located to the north, is developed with a mixture of "R-lB," "R-lC," and "R-2" District properties that contain single-family residences and townhomes. A change of zoning to a "R-lB" District is preferred on the subject property due to its lower density rating, however, a "R-1C" District is supported due to the district being a low density alternative. The "R-lC" District development could generate 193 average daily trips. The Southside Comprehensive Plan future land use map recommends the subject property develop as a low-density residential use which the "R-lC" District accomplishes. Access for the property is provided along County Road 26-A designed as a rural roadway with a 28-foot paved section. The Transportation Plan recommends County Road 26-A (Brooke Road) be improved as an 80' R.O.W. with a 28' back-to-back paved section. Area Development Plan: Southside ADP Map: G16D Zoning Violations: None Street Type Paved Section Volume CR 26-A (Brooke Road) Rural Collector 60" ROW w/28' Bk to Bk Not Avail. (Planned 80' ROW w/40' Bk to Bk) The Southside Area Development Plan's adopted future land use map recommends that the area develop with a low-density residential development. The "R-lC" District is an expansion of the "R-1C" District to the northwest. Zoning Report Case No. 0204-06 (Maurice C. Hunsaker and Walter Day) Page 3 Approval of the "R-lC" One-family Dwelling District © Approval of the "R- 1 C" One-family Dwelling District. Favor - 0 Opposed- I Attachment: Zoning map H:~PLN-DIR~ERMA\WO P,Z)~ZON RPTS~2004\0204~6CC REPORT. DOC AB 26 14 FLOUR & ENCI R. B &G R-lB FLOUR BLUFF F-R 19 02-09-04/AS Case Z0204-06 Notice Map NORTH Planning Commission Minutes February 25, 2004 0204-06 - Maurice C. Hnnsaker and Walter Day: REQUEST: "F-R" Farm-Rural District to "R-lC" One-family Dwelling District on property located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road. Commissioner Amsler abstained from participation and left the room. Ms. Goode-Macon presented a computerized slide illustration of the subject property and its surrounding area. She stated the proposed use is a single-family subdivision containing 93 lots. (Zoning report on file.) Staff recommends approval of the rezoning request. There were 32 notices mailed 0 were received in favor and 1 in opposition was received. Public hearing opened. David Underbrink, 4501 Gollihar, stated he was available for questions. Public hearing closed. Motion by Salazar, seconded by Pusley, with Amsler abstaining and Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MAURICE C. HUNSAKER AND WALTER DAY BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING 19.98 ACRES OUT LOT 12, SECTION 26 FROM "F-R" FARM-RURAL DISTRICT TO "R-lC" ONE- FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its repods and recommendations concerning the application of Maurice C. Hunsaker and Walter Day 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 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 Flour Bluff and Encinal Farm and Garden Tracts, being 19.98 acres out of Lot 12, Section 26, located along County Road 26-A to the north and 2,000 feet east of Rodd Field Road, from "F-R" Farm-Rural District to "R-lC" One-family Dwelling District, as shown on the attached Exhibit. (Map G16D) 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~ZONING-04\0204-06REGULAR.DOC Page 2 of 3 SECTION $. 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 (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 30th day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~/~ Joseph rl~ney/~' Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ONING-04\0204-06REGULAR.DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOSEPH~ONING-O4\O204-O6REGULAR.DOC MAR-24-2004 11:44 FROM: CITY OF CORPUS CHRIS 3618263560 T0:98803239 P.2/2 LEGAL DESCR13PTION 20.02 ACRE TRACT OF LAND NUECES COUNTY, TEXAS BEING a tract or parcel of land ~tualed in the City of Corpus Christi, Nuecea County, T~az, and being all of a 9.00 acre. tract of la~d described by Warranty Dod xvoarded in Volume 2124, Page 123, De. ed Record~ of NueceS County, Texaa~ all of a 10.0 acre tract of land d~$cribed by Warranty Deed recorded in Vel.me 1918, Page 463 of thc Deed Records of lquece, s County, Texas and all of a 1.0 acr~ Ravt of :and dca cfib~! by Warranty De~d recorded in Vohzme 1508, Page 1021 of thc Deed Records of Nue~ez County, Texas and being all of Lot 12, Section 26, of the Flout Bluff & Encinai Farm & Crard~a Tracts, as shown on map recorded in Volume A, Pages 41-43, Map RecorcL~ of Nueces County, Texas, and being more paniculasly d~ctibed az follows; BEGINNING at a carton spindle set for thc southwest comer of ~aid Lot 12, and b~ing in the center of the right-of-way of Brooke Road also known aa County Road 26-A, (40 foot right-of-way) aame point being the southwest comer of said 1.0 acre travt, same point being fire northwest comer of a tract of land deacribed in deed recorded in Volume 1944, Page 351, Deed Records of Nue~es County, Texas; THENCE North 28057'54'' East, departing said center oftbe 40 foot fight-of-way of Brooke Road, along the weal linc of sa/d Lot 12, same beln~ ~ east linc of a 10,00 ac~ tra~t of land de~ci~'b~d in dod rrw, ozded in Document No. 2003041464, Offidai Records of Nue~es County, Texas, a distance of 30.00 f~-t passing a 5/8" iron rod with a red plastic ~ stamped "NM~rnlth Eng. C.C., Tx." set for line mad~..x (hei'~nnfter gall~! $/8" h'on lxsd $~t) alld gowd~zain~ for a total diatazl=e of 1320.00 fi:et to a 5/8" iron rod found for the northwest comer of said 9.0 acre tract, same point bring the no.west comer of Lot 12, same lX~t alao being in the ~outh line of South Fork Subdivision Unit 2, an addition to the City of Corpus Chrln~i as shown on map recorded in Vohrme 49, Pages 92-93, Map R~carda of Nuec~ County, Texas, THENCE Sou~ 60057'30'' East, along the north llne of said Lot 12, same being the nor~ Ih~. of saki South Fork Subdivision Unit 2, a ff~nt'e of 660.96 feet to a 5/8" iron rod set for the noflheast c orn~ of Lot 12, same point belng the southwest comer of a 0.122 aa'e u'act of land described in deed reeorded in Document No. ! 996026194, Offiehl Records of-Nueees County, Texas; TH~.~CE South 29~0'24" West, along the ~ l/ne of ~aid Lot 12, same b~ing the we~ llne of a lr~c~ of l-nd described in Document lqo. 1998053979, Official Recard~ of Nuece~ Cmmty, T~, a diatanee of 1290.00 feet pasaing a 5/8~. iron rod ~"t for line mn~er, and cantinuing for a total d/stance of 1320.00 f~t t0 a cotton spindle set for the southeast comet ofaaid Lot 12, ~md being in the ceater of the right.of-way of Brooke Road, same being the northwest comer of a 1 !.212. acre tta~ ckaeribed in Volume 1854, Page 648, Deed Reem~ of Nueces County, Texa~; THENCE North 60~57'29" West, dong the center of the 40 foot right-of-way of Brooke Road, ~me b~ing the south 1/ne of Lot 12, same beln~ the north line of Volume 1944, P~m 351, and paz~ing at a dia~ance of 330,00 ~ a catton a-pi.m~ eet for the ~outhwezt comer of a 10.01 acre ~xact dezcoq~d in Volume 1918, Page 463, Deed ~rd~ of Nueee~ County, T~xas and centinulng for a total distance of 660.00 feet to the POINT OF BEG~G and confining 871,834.0~ square feet or 20.02 ~ ofl~d, MAR-22-2004 07:59 FROM:CITY OF CORPUS CHRIS 3618265560 T0:98803239 P.2/7 12 II |0 9 8 7 I 2 3 4 5 6 ENGINEERING, INC. 12 11 10~ 9 8 7 I 2 3 4 5 6 CR 26A Brooke Road Fork 5 C:>o~O~- O~ NAISM1TH ~ ENGINEI~.ING.ENVIRONMENTA~- SUEVEY~G /iGodzilla~E N G _E~DMU\CORPiM ARK~Mlsc~H unsa ker~Drawln 9s~.0040206 South Fork 5 Zoning Exhibit.dw9, 02/06/2004 t 1:47:34 AM, 1:200 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 30, 2004) Case No.: 0204-07, James Paul Allison and Doug Adams: A change of zoning from a "F-R' Farm-Rural District to a "I-3" Heavy Industrial District. The property is on Bohemian Colony Lands, Section 14, being 10 acres out of Lots I and 8, located along Saratoga Boulevard to the south and west ofS. H. 286. Planning Commission and Staff's Recommendation (02/25/04}: Denial of the "I-3' District, and in lieu thereof, approval of a "I-2" Light Industrial District. Requested Council Action: Denial of the "I-3" District, and in lieu thereof, approval of a "I-2" Light Industrial District and adoption of the attached ordinance. Purpose of Request: To develop site with industrial, office and warehouse uses. Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to an "I-2" Light Industrial District on the 10 acre tract. Access for the subject property is provided along Saratoga Boulevard, a rural arterial state highway. The Transportation Plan recommends Saratoga Boulevard be improved with two 37-foot back-to-back paved sections and a 26-foot wide median. The Texas Department of Transportation anticipates improvements to Saratoga Boulevard will commence June 2004 and be completed by December 2006. General industrial type uses permitted on the subject property typically generate 6.97 average daily trips per 1,000 gross floor area of building. Phase I buildings could generate a total of 69.70 average daily trips and Phase II buildings could generate a total of 104.54 average daily trips. Once Saratoga Boulevard is improved, traffic conflicts will improve along this corridor. Property located north of the subject property is developed industrially and zoned an'l-2" Light Industrial District. Located to the south is undeveloped "P-R" District property and the city landfill. Located east of the subject property is "B-3" District property developed with a dance hall and located west is a undeveloped "F-R" District tract and an "I-2' District area developed with a industrial contractor use. "I-3' Heavy Industrial District property is not within a 1,000 foot perimeter of the subject property. The intensity of uses in the "I-3' District are higher than those in the "I-2 ' Light Industrial District. The "I-3' District provides for uses such as auto salvage yards, sexually oriented businesses, as well as objectionable uses that produce fire, toxic gases and dust. The Westside Area Development Plan's future land use map recommends the subject property develop as general commercial. Since the property located north of the subject property is zoned an "I- 2' District and the city landfill is south of the subject property, an "1- 2" District is supported. Applicant's Position: The applicant concurs with Plaiming Commission and Staff's recommendation. Notification: Of the twelve notices mailed to the surrounding property owners, one (1) was returned in favor and one (I) was returned in opposition. The 20% rule is not invoked. Tllis case is considered noncontroversial. Assistant Director of Development Services BAB~G~er Attachments: I) Zoning Report 2) Planning Comrmssion Minutes 3) Ordinances tt:~PLN DIR~ERMA\WORD~AGENDMEMX201M\0204-07 AGENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: 0204-07 Planning Commission Hearing Date: February 25, 2004 Applicant: James Paul Allison and Doug Adams q Owner: James Paul Allison ~.~ Agent: Murray Bass, Jr. - Bass & Welsh Engineering · '~ Property Address/Area: Being 10 acres out of Lots 1 and 8, Section 14, Bohemian a. Colony Lands, located along Saratoga Boulevard to the south and west of State Highway 286 (Crosstown Expressway extension). From: "F-R" - Farm-Rural District To: "1-3" - Heavy Industrial District Area: 10 acres Purpose of Request: To develop site with industrial, office and warehouse uses. Zoning Land Use Site "F-R" District Undeveloped North "I-2" District Plumbing, hardware, plating and auto repair uses South "F-R" District Undeveloped land and Elliot Landfill East "B-3" &"I-2" Districts Dance hall, auto repair and industrial uses }Vest "I-2" &"F-R" Districts Industrial contractor and undeveloped land Staff's Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to an "I-2" Light Industrial District on the 10 acre tract. Zoning Report Case No. 0204-07 (Allison/Adams) Page 2 The subject property is proposed as an industrial, office and warehouse development. Lease agreements are being negotiated with a printing company, a cabinetry use, a helium storage use and a bulk chemical supply company. Future lease negotiations will include, but not limited to, plumbing, welding, roofing, brick and stone companies, limited manufacturing and tire sales and service. The initial phase of development includes construction of two (2) buildings on one-half acre lot each. Each building will be comprised of 5,000 square feet. The second phase of development allows for construction of two (2) 7,500 square feet buildings on one-half acre lot each. It is anticipated that each tenant will employ two to ten employees per use. Typical hours of operation are expected from 8 a.m. to 5 p.m., Monday through Saturday, with manufacturing uses operating 24 hours with two or three shifts. Access for the subject property is provided along Saratoga Boulevard, a rural arterial state highway. The Transportation Plan recommends Saratoga Boulevard be improved with two 37-foot back-to-back paved sections and a 26-foot wide median. The Texas Department of Transportation anticipates improvements to Saratoga Boulevard will commence June 2004 and be completed by December 2006. General industrial type uses permitted on the subject property typically generate 6.97 average daily trips per 1,000 gross floor area of building. Phase I buildings could generate a total of 69.70 average daily trips and Phase II buildings could generate a total of 104.54 average daily trips. Once Saratoga Boulevard is improved, traffic conflicts will improve along this corridor. Property located north of the subject property is developed industrially and zoned an"I-2" Light Industrial District. Located to the south is undeveloped "F-R" District property and the city landfill. Located east of the subject property is "B-3" District property developed with a dance hall and located west is a undeveloped "F-R" District tract and an "I-2" District area developed with a industrial contractor use. "I-3" Heavy Industrial District property is not within a 1,000 foot perimeter of the subject property. The intensity of uses in the "I-3" District are higher than those in the "I-2" Light Industrial District. The "I-3" District provides for uses such as auto salvage yards, sexually oriented businesses, as well as objectionable uses that produce fire, toxic gases and dust. The Westside Area Development Plan's future land use map recommends the subject property develop as general commercial. Since the property located north of the subject property is zoned an "I-2" District and the city landfill is south of the subject property, an "1-2" District is supported. ~ .= Area Development Plan: WestsideADP ,~'~ Map: H14A a~ ..* Zoning Violations: None Street Type Saratoga Boulevard Arterial Paved Section 120' ROW w/22'rural sec. Planned-120' ROW w/2- Bi, '~,~ Bk sec. w/27'median Volume 7,084 a.d.t. Zoning Report Case No. 0204-07 (Allison/Adams) Page 3 Since the "I-3" District provides for objectionable uses, the "1-2" District is recommended in an effort to discourage undesirable uses such as auto salvage yards and sexually oriented business along Saratoga Boulevard. The "1~2" District along this corridor is supported by the Comprehensive Plan's policy statements that recommend commercial and industrial uses along arterials. Denial of the "I-3" Heavy Industrial District and in lieu thereof, approval of an "I-2" Light Industrial District. Denial of the "1-3" District, and in lieu thereof, approval of a "I-2" Light Industrial District. Favor- 1 Opposition- 1 A~lachments; Zoning map H:~PLN-DIR~ERMA\WORD~ZONRPTS~2004~02044)7CCREPORT.DOC BOHEMIAN COLONY LANDS I-2 U FR B-3 02-09-04/AS Case Z0204-07 Notice Map NORTH 0 200 400 Feet Planning CoWamssion Minutes February 25, 2004 0204-07 - James Paul Allison and Doug Adams: REQUEST: "F-R" Farm-Rural District to "l-3" Light Industrial District on property located along Saratoga Boulevard to the south and west ofS. H. 286. Ms. Goode-Macon presented a computerized slide illustration of the subject property and its surrounding area. She stated the proposed use is for industrial, office, and warehouse. (Zoning report on file.) Staff recommends denial of the I-3 District and in lieu thereof recommends approval of the I-2 District. There were 12 notices mailed with one received in favor and one received in opposition. Public hearing was opened. No one appeared in favor or opposition. Public hearing was closed. Motion by Pusley, seconded by Mires, to approve staffrecommendation. With Zamora being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JAMES PAUL ALLISON AND DOUG ADAMS BY CHANGING THE ZONING MAP IN REFERENCE TO BOHEMIAN COLONY LANDS, BEING i0 ACRES OUT OF LOTS 1 AND 8, SECTION 14, FROM "F-R" FARM-RURAL DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of James Paul Allison and Doug Adams 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 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 I. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Bohemian Colony Lands, being 10 acres out of Lots 1 and 8, Section 14, located along Saratoga Boulevard to the south and west of State Highway 286 (Crosstown Expressway extension), from "F-R" Farm-Rural to "1-2" Light Industrial District, as shown on the attached Exhibit. (Map H14C) 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~ZONING-04\O204-O7ALTERNATIVE.DOC Page 2 of 3 SECTION 5. That all ordinances or pads 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 30th day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph i-Carney Assistant City Attorney For City Attorney z ¥ 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~EG-DIR~JOS E PH~_ONING-04\0204-07ALTER NATIVE.DOC Page 3 of 3 Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, ,Ir. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR'tJ OS E PH~ZONIN G-04\O204-07ALTE RNATIVE. DOC BASS & WELSH ENGINEERING P.O. BOX 6397 February 4, 2004 FIELD NOTE DESCRIPTION Being a tract situated in Corpus Christi, Nueces County, Texas, a portion of Lot 1 and Lot 8, Section 14, Bohemian Colony Land, as shown on the Map thereof recorded in Volume A at Page 48 of the Map Record of Nueces County Texas and being more particularly described by metes and bounds as follows; BEGINN lNG at a 5/8 inch Iron rod found In the southwest right-of-way line of Saratoga Boulevard (Stats Hwy. 357) the northeast comer of Lot 8-A, Block 14, Bohemian Colony Land, as shown in the Map thereof recorded in Volume 59 of Page 42 of the Map Records of Nueces County Texas. For the northwest comer of this tract; Thence S61 '32'00"E atong the south right-of-way line of Saratoga Boulevard at 31,42 feet pass the common line between Lots 8 and 1, Bohemian Colony Land and in all a distance of 345.71 feet to a 5/8 inch Iron md set for the northeast comer of this tract; Thence said point being the northwest comer of Lots 6, Block 1, South Saratoga Acres as shown on the Map thereof recorded in Volume 40, at Page 140 of the Map Records of Nueces County Texas; Thence S29'00'00"W along the west line of Lots 6, Block 1, a distance of 1260.00 feet to a 5/8 Inch Iron rod, set for the southeast comer of this tract.; Thence N61'00'00"E a distance of 314.29 feet cross the common line between lots 1 and 8, Section 14, Bohemian Colony Land and in all a distance of 345.71 feet to a 518 inch iron rod set for the southwest corner of this tract; Thence S29'00'00"E at 759.99 feet pass a 5/8 inch iron rod found for the south east comer of Lot 8-A, Block 14, Bohemian Colony lands and in all a distance of 1260.00 feet to the point of beginning forming a tract embracing 10.0 acres; 03089M&S-dOc I I SAP~,TO6A. BLVD. (~.H, 357) ..... LOOAT~ON MAP SCALE: 1"=1000' o ~koq.- 0 ~ 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 30, 2004) Case No.: 0204-08~ Hogan Development Compan¥~ L. P.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District. The property is on Flour Bluff and Encinal Farm and Garden Tracts, Section 32, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, located along Wooldridge road to the south and east of Rodd Field Road. Planning Commission and Staff's Recommendation (02/25/04): Approval. Requested Council Action: Approval of the "R-lC" District and adoption of the attached ordinance. Purpose of Request: Phase I development consists of a 100-lot single-family subdivision with an ultimate build out of 300 lots. Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "R-lC" One- family Dwelling District to develop a 100-lot single-family subdivision during Phase I of the project. An ultimate build out of 300 lots for future units will occur daring subsequent phases on the 50.48 acres. Minimum lot area permitted in the "F-R" District is five (5) acres while the "R-IC" District requires 4,500 square feet. The "F-R" District permits one (1) unit p er five (5) acres and the "R-lC" District allows 9.68 units per acre. The "R-lC' District offers low-density residential development that is supported by the Southside Area development Plan's future land use map. The "R-lC' District is an extension of the "R-lC' District to the southwest. Primary access for the property is provided along Wooldridge Road, which is constructed as a rural roadway with a 60-foot right-of- way. The Transportation Plan recommends Wooldridge Road be improved as a 70' R.O.W. with a 50' back-to-back paved section. Alternative transportation routes, Spur 3 and the Oso Parkway, are being planned east and west of the subject property. These alternative routes will offer traffic relief points for the area. A "R-lB' District development could generate 366.48 average daily trips and a "R-lC" District development could generate 488.64 average daily trips. Applicant's Position: The applicant concurs with Planning Comn~ssion and Staff's recommendation. Notification: Of the twenty-one notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunfiing, AICP ~ Assistant Director of Development Services .~ BAB/FGM/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLN-DIR\ERMA\WORD~AGEN DMEM~2004\0204-08AGENDAM EMO. DOC CITY COUNCIL ZONtNG REPORT Case No.: 0204-08 Planning Commission Hearing Date: February 25, 2004 Applicant: Hogan Development Company, LP as applicant Owner: Same Agent: Murphy Hudson - Urban Engineering Property Area: Being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts, located along Wooldridge Road to the south and east of Rodd Field Road. From: "F-R" - Farm-Rural District = To: "R-lC"- One-familyDwelling District Area: 50.484 acres tN Purpose of Request: Phase I development consists of a 100-lot single-family subdivision with an ultimate build out of 300 lots. Zoning Land Use Site "F-R" District Undeveloped land North "F-R" District Undeveloped land South "F-R" District Undeveloped land East "F-R" District Undeveloped land West "F-R"&"R-1C" Districts Undeveloped land and single-family residences Zoning Report Case No. 0204-08 (Hogan Development Company, LP.) Page 2 Staff's Summary: The applicant has requested a change of zoning from a "F-R" Farm- Rural District to a "R-lC" One-family Dwelling District to develop a 100-lot single- family subdivision during Phase I of the project. An ultimate build out of 300 lots will occur during subsequent phases on the 50.48 acres. Minimum lot area permitted in the "F-R" District is five (5) acres and in the "R-lC" District 4,500 square feet, whereby the "R-lB" District requires a minimum lot area of 6,000 square feet. The "F-R" District permits one (1) unit per five (5) acres, the "R-lC" District allows 9.68 units per acre, and the "R-1B" District allows 7.26 units per acre. A change of zoning to a "R-1B" District is preferred, however, the "R-1C" District offers low-density residential development that is supported by the Southside Comprehensive Plan's future land use map. The "R-lC" District is an extension of the "R-lC" District to the southwest. Primary access for the property is provided along Wooldridge Road which is constructed as a rural roadway with a 60-foot right-of-way. The Transportation Plan recommends Wooldridge Road be improved as a 70' R.O.W. with a 50' back-to-back paved section. Alternative transportation routes, Spur 3 and the Oso Parkway, are being planned east and west of the subject property. These alternative routes will offer traffic relief points for the area. A "R-lB" District development could generate 366.48 average daily trips and a "R-lC" District development could generate 488.64 average daily trips. ~-~ Area Development Plan: Southside ADP · -~ Map: G17A/G17C ~ ~ Zoning Violations: None Street Type Paved Section Volume Wooldridge Road Rural arterial 60" ROW w/20' rural sec. Not Avail. (Planned 80' ROW w/62' Bk to Bk) The Southside Area Development Plan's adopted future land use map recommends the area develop with a low-density residential development. A "R-lC" District is supported by the Comprehensive Plan. Zoning Report Case No. 0204-08 (Hogan Development Company, LP.) Page 3 Approval of the "R- 1C" One-family Dwelling District ~ ~ ~ Approval ofthe "R-1C" District. Favor- 1 Opposition - 0 Attachment: Zoning map H:~P LN-DIR\ERM A\WORD\ZON RPTS~2004\0204 08CCREPORT DOC FL '- ENCINAL FARM & G FLOUR BLUFF R-lB 02-09 -04/AS Case Z0204-08 Notice Map NORTH 0 245 490 Feet Planning Commission Minutes February 25, 2004 0204-08 - Hogan Development Company, L. P.: REQUEST: "F-R" Farm-Rural District to "R-lC" One-family Dwelling District on property located along Wooldridge Road to the south and east of Rodd Field Road. Commissioner Amsler abstained from participation and left the room. Ms. Goode-Macon stated that the information contained in the packet has been changed. After discussion with the developer, the developer proposed alternatives to the transportation plan. Ms. Goode-Macon presented a computerized slide illustration of the subject property and its surrounding area. She stated the proposed use is a single-family subdivision containing 300 lots with 100 lots in Phase 1. (Zoning report on file.) Staff recommends approval of the rezoning request. There were 21 notices mailed with 1 received in opposition and 0 in favor. Public hearing was opened. John Bell, Primavera Street, distributed aerial photographs of the proposed development. Mr. Bell explained the proposed development and access roads. He stated the development was similar to the Victoria Park subdivision in the area. Public heating was closed. Mr. Gunning expressed concern with the alignment of the Oso parkway as proposed by the applicant. Staff would prefer to discuss the matter with the applicant's engineer. Motion by Smith, seconded by Mims, to approve r-1 c. with Zamora absent and Amsler abstaining. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HOGAN DEVELOPMENT COMPANY, LP BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING 50.484 ACRES OUT LOTS 15, 16, 17, 22 AND 23, SECTION 32, FROM "F-R" FARM-RURAL DISTRICT TO "R-lC" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Hogan Development Company, LP 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, February 25, 2004, during a meeting of the Planning Commission, and on Tuesday, March 30, 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 Flour Bluff and Encinal Farm and Garden Tracts, being 50.484 acres out of Lots 15, 16, 17, 22, and 23, Section 32, located along Wooldridge Road to the south and east of Rodd Field Road, from "F-R" Farm-Rural District to "R-lC" One-family Dwelling District, as shown on the attached Exhibit. (Map G17NG 17C) 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-04\0204-08REGULAR.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 (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 30th day of March, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~,/~,¢,~_ 7'/ 2004 Joseph H~r~ey ~'~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR~IOSEPH~ONING-04\0204-08REGULAR.DOC Page 3 of 3 Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOSEPH~ZONING-04\0204-08REGULAR.DOC MA~-22-200~ 07:~1 F~OM~CIT¥ OF CO~PUS CHRIS 361B26~56~ TO:~BBO~2~9 P.5~7 (361)854-3101 P.O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355 JOB NO. 32072.A4.00 FEBRUARY 3, 2004 FAX (361)85&6001 RE-ZONING STATE OF TEXAS COUNTY OF NUECES F1ELDNOTES for a 50.484 acre tract of land out of Lots Fifteen (15), Sixteen (16), Seventeen (17), Twenty-two (22), and Twenty-three (23), Section Thirty-two (32), Flour Bluff and Encinal Farm and Garden Tracts. a map of which is recorded in Volume A, Pages 41-43. Map Records of Nueces County, Texas; said 50.484 acre tract of land being more fully described by metes and bounds as follows: BEGINNLNO at a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set on the centerline Wooldridge Road, a public roadway, for the northwest corner of this tract, from which point, a found PK Nail bears North 61 °09'53" West, a distance of 1983.38 feet; THENCE, South 61°05'10'' East, along the centerline of said Wooldridge Road, a distance of 1323.68 feet pass a found l inch iron pipe, in all a total distance of 1618.42 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set for the northeast comer of this tract; THENCE, South 28054'50'' West, a distance of 164.85 feet to the point of curvature of a circular curve to the fight whose radius point bears North 61°05'10" West, a distance of 1080.00 feet and having a central angle of 25°50'26", a radius of 1080.00 feet, a tangent length of 247.75 feet, and an arc length of 487.08 feet; THENCE, along said circular curve to the right, an arc length of 487.08 feet to a 5/8 inch iron rod with red plastic cap stamped "LrRBAN ENGR C.C. TX" set for the point of tangency; THENCE, South 54°45'16" West, a distance of 611.50 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set the point of curvature of a circular curve to the right whose radius point bears North 35014'44'. West, a distance of 715.00 feet and having a central angle of 64°12'44", a radius of 715.00 feet, a tangent length of 448.62 feet, and an are length erg01.31 feet; THENCE, along said circular curve to the right, an arc length of 801.31 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set for the point oftangency; THENCE, North 61002'00'' West, a distance of 601.19 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" set for the common east comer of Lots I and 10, Block 23, Victoria Park Unit 7, a map of which is recorded in Volume 62, Pages 131 and 132, Map Records of Nueces County, Texas, for the southwest comer of this tract; G 2725 SWANTNER DR.., CORPUS CHRISTI, TEXAS 78404 mail@urbaneng ,corn MAR-~ ~0B4 ~T:4~ FROIq:CITY OF CORPUS CHRIS 5618~6356D T0:98805259 THENCE, North 28°58'00" East, a distance of 262.94 feet pass a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C~C. TX" set for the northeast corner of Lot 20, Block 20, said Victoria Park Unit 7, in all a total distance of 1588,75 feet to the Point of Beginning and containing 50.484 acres of lan& Bearings based on the recorded plat of Victoria Park Unit 7, a map of which is recorded in Volume 62, Pages 131-132, Map Records of Nueces County, Texas. Unless this Field Notes Description, including preamble, seal and signature, appears in its original form, surveyor assumos no responsibility or liability for its accuracy. LrRB AN ENGINEERING JUaN J. SAI~AZ~,P~ R.p.I~. License No. 4904 MAR-22-2004 07~q~ FROH:CITY OF CORPUS CHRIS Plat o£ Los Vicntos at Tcrr~m~r Sub<t/vision Unit 1 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District Proposed FY 200412005 Budget and Project Update STAFF PRESENTER(S): Name 1. Bryan Smith 2. Title/Position Commander Department Police OUTSIDE PRESENTER(S): Name 1. Linda Bridges Title/Position Organization Chairman Crime Control and Prevention District Board of Directors ISSUE: The Crime Control Board must hold a public hearing by April 21 and adopt the FY 2004/2005 budget by May 5. BACKGROUND: The proposed FY 2004/2005 budget will be presented. The budget does include some reductions in personnel and equipment. The remaining 4 years will also be reviewed for ending balances. REQUIRED COUNCIL ACTION: None Chief of Police Crime Control and Prevention District FY 2004/2005 Preliminary Budget March 30, 2004 eu`t0Lrt�sr�': v . ; r y v. ■ ;.DISTRICT. - " 4 .; CORMs CNRIRI ' Crime Control and Prevention District'° -ourwwr.::' • Programs funded in FY 04/05 — 50 officers — Juvenile Assessment Center 3 MIS positions assigned to MDC/AVL project and CAD/RMS project 9 Crime Control and Prevention District o YSCfl� A ry ' 0 y uuTRICT Allocation of 50 Police Office.rs • 8 Directed Patrol Officers • 10 Juvenile Enforcement Team (JET) Officers • 5 Bicycle Officers • 3 Walking Motors (Mopeds) • 2 Traffic Safety Officers • 1 Narcotics Officer with Drug Dog • 1 Campus Crime Stoppers Officer 9 20 Patrol Officers '�,r� Crime Control and Prevention District IA, -RI ,DISTRICT, Programs NOT funded in FY 2004/2005 — Pawn Shop Detail: the Board has confirmed its past action not to renew the program. Reduction of $68,330 Replacement marked vehicles reduced from 8 to 5. Reduction of $65,400 M Crime Control and Prevention District Pawn Shop Detail — Value of Property Recovered $500,000 S 450,000 $400,000 $ 350,000 $ 300,000 S 250,000 S 2W000 $ 150,000 $ 100,000 $ 50,000 $0 1999 2000 2001 „ems. ` y 1 e `:.DISTRICT.' 2002 2003 2004 5 , COM RIaT Crime Control and Prevention District e • FY 2005/2006 reductions: Elimination of the Functional Analyst position. This position is responsible for the Police CAD system and now works for MIS. Recommend this position be transferred to the MIS/General Fund. Reduction of $72,433 Replacement marked vehicles reduced from 7 to 5. Reduction of $43,600 rol Crime Control and Prevention District +�•° t O J T.0 Z oIsrwwr • FY 2006/2007 reductions: — Elimination of the Functional Analyst position. This position is one of two responsible for the Police Mobile Data Computer/Automated Vehicle Location System and now works for MIS. Recommend this position be transferred to the MIS/General Fund. Reduction of $60,796 Crime Control and Prevention DistrictOL 4 O -tip Z S 'DISTRICT, • FY 2007/2008 reductions: — Elimination of the Technical Specialist position. This position is the last remaining position responsible for the Police Mobile Data Computer/Automated Vehicle Location System and now works for MIS. Recommend this position be transferred to the MIS/General Fund. Reduction of $84,306 • Replacement marked vehicles reduced from 8 to 5. Reduction of $65,400 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Crime Control and Prevention District 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 ■ Sales Tax Revenue m Expenditures: Ending Balance 2007-2008 9 i 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 ■ Sales Tax Revenue m Expenditures: Ending Balance 2007-2008 9 Crime Control and Prevention District QUESTIONS 10 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Padre Island Desalination Plant Feasibility Analysis and Siting Plan, Stage One, Phase Two STAFF PRESENTER(S): Name Title/Position Department 1. Ronald F. Massey 2. 'Angel R. Escobar, P.E. 3. Eduardo Garana, P.E. Asst. City Manager Director Director Public Works Engineering Svcs. Water Dept. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Jonathon Howard, P.E. 2. Dan Lyendecker, P.E. Project Manager Principal Carollo Engineers LNV. Inc. ISSUE: Potable water service on Padre Island will be improved by the addition of desalination and storage facilities to meet the increasing water demands of this service area. This briefing provides a Council update on the validation studies and water supply alternatives. ~g'el R. Escobar, P. E., Director of Engineering Services Attached Support Materials: Exhibit "A" Council Background Exhibit "B" PowerPoint Presentation Padre Island Desalination Project Feasibility Analysis and Siting Plan (Project No. 8423) Presentation to City Council - March 30, 2004 Exhibit "A" - Project Status Briefing INTRODUCTION The Carollo Team presented findings and recommendations pedaining to Stage 1, Phase 1 of the Padre Island Desalination Plant Feasibility Analysis and Siting Plan to City Council in June 2003. Based on the findings and recommendations presented, Council authorized the Carollo Team to proceed with work on Stage 1, Phase 2 of the Padre Island Desalination Plant Feasibility Analysis and Siting Plan in August 2003. The purpose of this bdefing is to update Council on task progress, present interim findings, and as appropriate, appdse Council of emerging recommendations for improvement of water supplies on Nodh Padre Island. Status updates and emerging recommendations are provided for the following tasks: · Validation Studies, padiculady Aquifer Storage And Recovery (ASR) feasibility and Reverse Osmosis (RO) treatability. Population and Water Demands Analyses Hydraulic Modeling Water Supply Altematives Evaluation Padre Island Pump Station Evaluation RO Pilot Plant Evaluation · Detailed Facilities Design Emerging recommendations provided in this briefing for shod-term, near-term and long-term solutions are based on providing immediate improvements to the existing water system infrastructure, and on providing a redundant water supply to the Island as quickly as possible, for the least cost. VALIDATION STUDIES The primary purpose of the Validation Study is to confirm certain information used in development of the Recommended Project presented to Council in June 2003. One of the most significant pads of the validation study is the completion of field investigations to: · Confirm the feasibility of ASR, including determining cedain aquifer propedies preliminary to detailed design of ASR facilities. · Obtain water quality data from the Chicot Aquifer to confirm treatability and costs EXHIBIT "A" Page 1 of 1 1 associated with RO treatment. The field investigations consist of several deep geotechnical bodngs and test wells at various locations on the Island. Significant rainfall throughout the fall of 2003 prevented Army Corps of Engineers wetlands clearance of the proposed boring and test well sites. Clearance was not achieved until December 2003. Currently, two bodngs have been completed, and a test well is under construction. The team is currently seeking site clearance for a fourth test well. Results from the completed test borings are positive. The Carollo Team has recently provided City Staff with a recommendation to move forward with the ASR demonstration phase. City staff concurs with this recommendation. POPULATION PROJECTIONS Information collected from the U.S. Census Bureau, the Corpus Christi Planning Department, and the Nueces County Water Control and Improvement District ~ (NCWCID4), indicate that the future population of North Padre and Mustang Islands (including the City of Port Aransas) may exceed the previous1997 Master Plan projections by as much as 250% by the Year 2020. Construction of Packery Channel is anticipated to act as a significant catalyst for growth on the Islands. The development of several new housing communities will result in over 4,000 new dwelling units on North Padre Island alone. Revised population projections result in an ultimate population of approximately 52,000 permanent residents at Year 2050, with 80% of the population located on North Padre Island and 20% from Mustang Island and Port Aransas. 70,000 60,000 50,000 40,00o 30,000 Padre Island Population Projections 1970 1980 1990 2000 2010 2020 2030 2040 2050 Year ~1997 Master Plan Projections "&"'Revised Projections 206O EXHIBIT "A" Page 2 of 11 These population projections have been developed in conjunction with the City's Planning Depadment and are being used by these studies and also by the Padre Island Area Development Plan prepared by the Planning Department. WATER DEMANDS Previous water demand estimates used a demand of 125 gallons per capita per day (gpcd). These prior estimates were developed based on overall City population and water production records. Demand estimates completed as part of this study were developed based on an evaluation of historical billing records from the Island to identify a per capita demand that would best represent actual water demand patterns on the Islands. This analysis resulted in an estimated per capita demand of 200 gpcd for the Island service area. Carollo's demand analysis, using the revised population projections, historical area per capita demands, and TCEQ design criteria, result in peak hour demands approximately 300% higher than 1997 estimates. 40.0 35.0 30.0 25.o 20.0 ~ 15.0 _. 10.0 E 5.0 0.0 1990 -~- 1997 Master Plan Demands -~- Revised Projections 2000 2010 2020 2030 2040 2050 2060 EXHIBIT "A" Page 3 of 11 60.0 50.0 40.0 30.0 20.0 10.0 0.0 1990 --e- 1997 Master Plan Demands + Revised Projections ............................... 2000 2010 2020 2030 2040 2050 2060 HYDRAULIC MODELING Hydraulic modeling efforts have been focused on supporting facility siting and sizing, particularly ASR facility siting, development of pump station improvements, identification and sizing of distribution system improvements within the Padre Island service area, and sizing associated with water supply altematives development. This task is closely integrated with modeling efforts associated with development of a new City-wide water distribution system model. WATER SUPPLY ALTERNATIVES EVALUATION This task consists of identification and evaluation of water supply alternatives for the Island. The Carollo Team has identified heady 300 different alternative configurations, and, following preliminary screening, has retained 26 of these alternatives for more detailed evaluation. The screened alternatives are: · Six "pipeline only" alternatives. Six alternatives comprising pipelines and ASR as pdmary components. · One "RO - only "project alternative. One altemative focused on alternative supply to NCWCID No. 4. · 12 alternatives with a combination of pipelines, ASR, and RO components. Each of these alternatives are comprised of approximately 36 potential storage, pumping, water EXHIBIT "A" Page 4 of 11 supply and transmission components. Due to the validation study weather delays encountered dudng the fall of 2003, and the resultant lack of validated costs for RO and ASR water supply altemative components, the team has been focusing on development and analysis of non-RO and non-ASR water supply alternatives, with efforts primarily directed at evaluation of previous capital improvement plans, Laguna Madre crossing alternatives, and "pipelines-only" alternative configuration and sizing. PADRE ISLAND PUMP STATION EVALUATION The Carollo Team was charged with evaluation of the existing pump station facility on Padre Island to determine what improvements may be necessary to address near term water service issues and long-term water supplies. The Carollo team has completed, and delivered to City staff, a draft evaluation of the existing pump station, including recommendations for a two-phased capacity expansion designed to address short- term capacity needs for the summer of 2004 (July, August, and September) and near-term requirements through about 2010. Recommended short-term improvements include addition of two pumps, an emergency generator, and ancillary yard piping at the existing pump station. It is very unlikely that these improvements can be implemented in a timely manner using typical design-bid-build procurement. Instead, the Carollo Team and City staff have developed a plan of attack that is likely to include expedited purchase of major equipment, with installation of this equipment provided via change order to an existing City construction contract. RO PILOT PLANT EVALUATION This task is on hold pending completion of the water supply alternatives evaluation and authorization from Council to proceed with an RO pilot study. DETAILED FACILITIES DESIGN The Carollo team is currently proceeding on design of the proposed pump station improvements and ASR demonstration project. EMERGING RECOMMENDATIONS It appears that the following types of improvements will be required to accommodate projected population and water demands on the Islands. These improvements can be categorized both by planning horizon and by type of improvement, as follows: Plannin~l Horizon · Short-Term Improvements - those improvements needed to immediately address Summer EXHIBIT "A" ] Page 5 of 11 2004 (July, August, September) demands within the service ama. Implementation of these improvements will occur dudng spdng and early summer of 2004. Near-Term Improvements - those improvements needed to address near-term demand and need for service improvements for a planning hodzon of 2010. Implementation of these improvements will occur over the next two years. Long-term improvements - these improvements will need to be implemented in the future proportional to actual growth in population and water demand on the Island. Depending on the type of facility, planning hodzon may range from 10 to 50 years. Implementation of these improvements are anticipated to occur after 2005. Type of Improvement · Storage Improvements consisting of ground and/or elevated storage tanks and ASR, · Transmission Capacity/Water Supply Improvements consisting of either improvements to the Southside Transmission Facilities or other mainland transmission facilities, or development of new water sources on the Island, · Pump Station and Distribution System Capacity Improvements consisting of pump station and distribution system capacity increases on the Island. Short-Term Improvements (July, August, September 2004) Short-term improvements include the following: Store,qe Improvements Interim results of the ASR test well program are positive, and it appears that ASR is feasible on the Island. The Carollo Team is proceeding with implementation of the initial ASR production phase as a result. Increased Transmission Capacity to Padre Island As a result of increased demand projections and the age of the existing 24-inch crossing, an additional crossing of the Laguna Madre appears prudent. The sizing and cost of the second crossing should be confirmed (ongoing as part of the Water Supply Alternatives Evaluation). Pump Station and Distribution System Capacity improvements on the Island Necessary Padre Island Pump Station improvements are the result of: 1) The capacity of existing facilities; and 2) Conversion of the service zone from an extension of mainland Zone 2 to an independent Zone 2A. These improvements include short-term modifications to the existing facilities to increase capacity and meet expected short-term demands, followed by construction of a larger, permanent facility as a EXHIBIT "A" Page 6 of 11 near-term improvement. To take full advantage of the increased pumping capacity, Pump Station improvements will need to be accompanied by improvements to the Island's water distribution system. The Carollo Team has submitted recommendations to City staff for short-term improvements to the existing pump station, and is working with staff to implement these improvements in the most expedient manner possible. Near-Term Service Improvements (Through 2010) Near-term service improvements include the following components: StoraRe Improvements Interim results of the ASR test well program are positive, and it appears that ASR is feasible on the Island. The Carollo Team recommends that the City continue to evaluate expansion of ASR as demands on the Island increase. It appears that it may be necessary to add elevated stora.qe on the Island in order to comply with TCEQ's current interpretation of State elevated storage requirements. We recommend that discussions be held with TCEQ to confirm this interpretation. If an alternative to elevated storage is not available, then the City should proceed with site acquisition and design of an elevated storage facility. Increased Transmission Capacity to Padre Island As a result of increased demands, Carello recommends the installation of a second pipeline crossing the Laguna Madre. As soon as this pipeline is in service, we recommend that the existing 24-inch pipeline be evaluated and rehabilitated or replaced as appropriate. This recommendation is based on the age and service conditions associated with the existing pipeline. If replacement is deemed appropriate, the replacement capacity can be in the form either of a new pipeline, or in the form of a RO plant on the Island. Based on the projected demands on the Island, the new Laguna Madre crossing "borrows" excess capacity from the transmission system between O.N. Stevens WTP and Yorktown/Laguna Shores over the near-term. In the longer-term, as population and water demands increase on the mainland, additional transmission system improvements between O.N. Stevens WTP and Yorktown/Laguna Shores will likely be necessary or other water supplies developed on the Islands to replace the "borrowed" capacity. Pump Station and Distribution System Capacity Improvements on the Island Following construction of the short-term pump station improvements described previously, additional capacity will need to be added via construction of a larger, permanent facility. To take full advantage of the increased pumping capacity, Pump Station improvements will need to be accompanied by improvements to the Island's water distribution system. EXHIBIT "A" Page 7 of 1 1 Long-Term Service Improvements (2010 through 2050) Improvements during this period will be dependent on actual rates of growth in population and water demands, and in water demand patterns. This differs from the near-term because the near-term improvements are ddven by existing conditions and immediate need for service improvements. Long-term improvements will be needed in proportion to the actual growth of the service area. These improvements are anticipated to include the following: Storage Improvements ASR can be increased specific to its demonstrated performance. Ground and/or elevated storage will need to be increased to accommodate actual peak hour demands and comply with TCEQ requirements. Increasin,q Transmission Capacity to Padre Island Reinforcement of mainland transmission capacity will be necessary to replace that capacity "borrowed" to meet near-term needs on Padre Island. This is likely to include construction of a new transmission pipeline parallel to the existing Southside Transmission System between O.N. Stevens WTP and Yorktown/Laguna Shores. These improvements will also need to include pumping station capacity increases at Staples Street Pumping Station and possibly at O.N. Stevens WTP. The projected extent of these improvements could be minimized if a new water source, i.e., RO was introduced on Padre Island. In effect, the capacity of the RO plant would replace the capacity ofthe existing 24-inch pipeline, replace capacity "borrowed" from the Southside Transmission System, and, coupled with ASR on the Island, provide a redundant and reliable water supply for the Island Pump Station and Distribution System Capacity Improvements on the Island Long-term, increased pumping capacity to meet growth would be located either at the existing pumping plant site or near the south end of the service area. RECOMMENDED STEPS FOR IMPLEMENTATION Short-Term Activities StoraRe Improvements Continue with implementation of ASR Demonstration Phase. · Coordinate elevated storage requirements with TCEQ · If necessary, acquire an elevated storage site and authorize design. Increased Transmission Capacity to Padre Island · Confirm size and cost of new Laguna Madre crossing. EXHIBIT "A" Page 8 of 11 Pump Station and Distribution System Capacity Improvements on the Island · Implement short-term improvements at the Padre Island Pumping Station. Near Term Activities Storaqe Improvements · Evaluate continued ASR expansion · Add elevated storage if necessary Increased Transmission Capacity to Padre Island · Proceed with Permitting, Design, and Construction of a new Pipeline from the Staples Street Pump Station to Yorktown/Laguna Shores. · Proceed with Permitting, Design, and Construction of a new Laguna Madre crossing. · Proceed with Permitting, Design, and Construction of "on-Island' Transmission piping in coordination with near-term PI pump station improvements (see below). · Evaluate and Confirm cost of introducing new RO water source on the Island in lieu of replacement of existing 32-year-old existing 24-inch pipeline and parallel pipeline between ONSWTP and Laguna Shores/Yorktown. (Currently underway as part of the Water Supply Alternatives Evaluation). Pump Station and Distribution System Capacity Improvements on the Island · Implement detailed water demand monitoring on Padre Island. Long-Term Activities Storage Improvements · Expand ASR consistent with demonstrated capacity · Add ground and elevated storage. Increased Transmission Capacity to Padre Island · Determine most cost-effective and redundant water supply for the Island Pump Station and Distribution System Capacity Improvements on the Island · Expand pumping and distribution system capacity on the Island to accommodate increases in water demand. EXHIBIT "A" I Page 9 of 11 SCHEDULE FOR REMAINING WORK The Validation Report and Water Supply Alternatives Report are anticipated to be complete by June 30, 2004. The Validation Report will include an update of the recommended project taking the results of the validation studies into account, and will include updated cost estimates for the recommended project. The Water Supply Alternatives Report will include definitive recommendations for near-term and long-term improvements to the City's water supply system to accommodate projected population and water demand increases on the Island. Short-term pump station improvements are anticipated to be complete in late spdng or eady summer of 2004. The initial ASR production phase will be on-line by the end of 2004. RO plant pilot work is on hold pending results of the validation study and authorization to proceed by City Council. EXHIBIT "A" Page 10 of 11 Summary and Comparison of Findings to Date 1997 2004 Population Projections 2003 -], 5,800 2020 ") 13,400 2050 -]' NOT PROVIDED 2003 --) 12,800 2020 ") 33,500 2050 -) 51,700 (BUILD-OUT) Per Capita Water Demand 125 gpcd Based on demands City-wide municipal water 200 gpcd (460 gpcd for NCWClD4) Based on actual billing records from the Islands 2020 Water Demands Average Day Demand -], 3.2 MGD Maximum Day Demand -) 6.7 MGD Peak Hour Demand '-) 8.0 MGD Average Day Demand '-) 8-10 MGD Maximum Day Demand -) 15-21 MGD Peak Hour Demand -) 25-33 MGD 2050 Water Demands Average Day Demand -], 4.8 MGD Maximum Day Demand -) 10.5 MGD Peak Hour Demand ") 13 MGD Average Day Demand -) 13 MGD Maximum Day Demand -], 25-29 MGD Peak Hour Demand ") 39-45 MGD EXHIBIT "A" I Page 11 of 11 Council Update Padre Island Desalination Plant Feasibility Analysis and Siting Plan Stage 1, Phase 2 Project No. 8423 March 30, 2004 <,*CCWOLLO anrainaars In Association With ASR Systems, LLC LNV Engineering Olivarri and Associates Shiner Moseley and Associates Agenda ♦Recap Stage 1, Phase 1 Recommended Project ♦Recap Stage 1, Phase 2 Authorized Work ♦Work Status and Emerging Results ♦Schedule for Remaining Work 2 June 2003 Recommended Project ♦ 3.0 mgd project consisting of: — Chicot Aquifer HDD well field — 1.0 mgd RO facility (w/ buildings and infrastructure to support 5 mgd capacity — 2.0 mgd ASR capacity — Deep well injection by-product disposal — Site work and transmission piping — Upgrades to existing PI Pump Station ♦ Estimated cost: $23.2 million including contingencies (June 2003 dollars, ±30%) 3 August 2003 Authorized Work ♦Validation Studies ♦ Population and Water Demand Analyses ♦ Hydraulic Modeling ♦ Water Supply Alternatives ♦ Pump Station Evaluation ♦ Pilot Plant Evaluation ♦ Detailed Facilities Design In Validation Studies ♦ Purpose - Confirm technical information (and costs) used to develop June 2003 recommended project. ♦ Completion of 2 test borings and one test well planned — Aquifer Storage and Recovery (ASR): confirm aquifer hydraulic characteristics — Reverse Osmosis (RO) desalination: confirm aquifer water quality ♦ Weather -delayed ♦ Two borings complete, with test well under construction 5 Validation Studies (con.'t) ♦ ASR - Early conclusion of ASR feasibility confirmed - Additional test well in progress as part of moving forward with initial ASR production phase ♦ RO supply - Salinity higher than expected (4,000 to 12,000 mg/L vs. 3,000 mg/L) - RO treatability and costs will be revised as necessary N Population and Water Demand Projections ♦ Purpose - Refine water demands over time to provide a basis for planning and phasing improvements ♦ Population Projections — Developed in conjunction with City Planning Department. — Used for these studies and for Mustang -Padre Island — Packery Channel appears to be a significant catalyst for growth ♦ Water Demand Projections — Based on historic service area billing data FA Service Area Population (Including Port Aransas) 7%000 - 60,000 - 10,000 - ME A - 1997 Master Plan Projections --E-- Revised Projections 50,000 - = 0 40,000 - CL 30,000 - 0 CL M 20,000 - 10,000 - ME A - 1997 Master Plan Projections --E-- Revised Projections 1970 1980 1990 2000 2010 2020 2030 2040 2050 2060 91 ti M � CO LO COL LO M M a) M O N ti LO LO, LO 1970 1980 1990 2000 2010 2020 2030 2040 2050 2060 91 45.0 - 40.0 - 300 10.0 '4111 ;O Maximum Day Demands (MGD) 35.0 - 0 01997 Projections Revised Projections t� 30.0 - 28.5 •a 25.0 - 9.9 ................................. 10.5 E 20.0 - c 15.0 - �a 300 10.0 '4111 ;O Maximum Day Demands (MGD) 1990 2000 2010 2020 2030 2040 2050 2060 01997 Projections Revised Projections 28.5 Ultimate Max Day Demands 2 .3 250% higher than 1997 projections Oesef 9.9 ................................. 10.5 5.4 1990 2000 2010 2020 2030 2040 2050 2060 Peak Hour Demands (MGD) 50.0 MIJ 40.0 D 35.0 C� ? 30.0 5.0 - 0.0 - 44.9 25.0 - E 39.0 20.0 - a; 15.0 - c� 10.0 - 5.0 - 0.0 - 1990 2000 2010 2020 2030 2040 2050 2060 44.9 Z� 1997 Projections Revised Projections 39.0 • I Ultimate Peak Hour Demands 300-350% higher than 1997 projections ...... 1990 2000 2010 2020 2030 2040 2050 2060 Other Tasks ♦ Hydraulic Modeling — Ongoing support activity focused on facility siting and sizing ♦ Water Supply Alternatives — Screened down from 288 to 26 total alternatives — Concentrating on 6 "pipelines -only" alternatives — Remaining Pipeline/ASR/RO combination alternatives pending results from validation studies ♦ RO Pilot — Remains unauthorized 11 Emerging Results ♦ Detailed Facilities Design — Proceeding with ASR initial production phase and Pump Station design work ♦ Planning Horizon — Short-term (July, August, September 2004) — Near-term (through 2010) — Long-term (beyond 2010) ♦ Type of Improvement — Storage — Transmission Capacity/Water Supply — Pumping Capacity 12 Emerging Results ♦ Short-term Improvements — Driven by immediate needs for service improvements — Implementation Spring 2004 ♦ Near-term Improvements — Driven by near-term demand and need for service improvements — Implementation during next two years ♦ Long-term Improvements — Implemented proportional to population and water demand increases in the service area 13 Short -Term Improvements ♦Storage — Currently implementing initial ASR Phase ♦Transmission Capacity/Water Supply — Confirming sizing and costs of Laguna Madre Crossing ♦ Pumping Capacity — Implementing short-term modifications to accommodate Summer 2004 demands 14 Near -Term Improvements ♦ Storage — Evaluate continued ASR expansion — Add elevated storage ♦ Transmission Capacity/Water Supply — Increase transmission capacity across the Laguna Madre — Evaluate condition of existing 24 -inch ♦ Pumping Capacity — Increase pumping capacity (through 2010 at least) 15 Long -Term Improvements ♦ Storage - Further increase ASR consistent with demonstrated capacity - Add ground and elevated storage ♦ Transmission Capacity/Water Supply - Reinforce mainland transmission capacity OR - Otherwise replace "borrowed" capacity w/ new water source ♦ Pumping Capacity - Further capacity increases at existing pump station site and/or addition of a 2nd pump station at south end of service area - Improvements to mainland pumping stations 16 Schedule for Remaining Work ♦ Validation Report — Complete and results to council by June 30, 2004 — Will include validated RO, ASR, By= product Disposal, Siting, Permitting, and updated project costs ♦ Water Supply Alternatives Report — Complete and results to council by June 3092004 — Will include final recommendations for near-term and long-term water supply improvements `rA Schedule for Remaining Work (cont.) ♦ Short-term pump station improvements - Complete prior to summer 2004 peak demands - Cannot be completed by standard procurement - City purchase of major equipment - Installation via change order to existing City construction Contract ♦ ASR initial production phase on-line by end of 2005 ♦ RO pilot plant work subject to future council authorization. W Questions ik 25 AGENDA MEMORANDUM DATE: March 30, 2004 SUBJECT: Southside Water Transmission Main Phase 6 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an amendment to a Contract For Professional Services with Urban Engineering in the amount of $615,245 for the Southside Transmission Main Phases 6 - Laguna Madm Pipeline Crossing Permitting. ISSUE: Additional water transmission capacity is needed to serve projected growth on Padre Island. Phase 6 of the Southside Water Transmission Main will bring the water line from Laguna Shore Road across the Laguna Madre to a point south of Whitecap Boulevard. This amendment will provide for permitting necessary for crossing the Laguna Madre FUNDING: Funds for this project are available in the FY 2003 - 2004 Water Capital Improvement Budget. RECOMMENDATI )N: Staff recommends approval of the motion as presented. Educe:do Gara~a,"l I R. Escobar, P. E., · Oirector of Engineering Services Director of Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B' Prior Council Action Exhibit "C" Contract Summary Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main Phase 6 Laguna Madre Pipeline Crossing Permitting PRIOR COUNCIL ACTION: See EXHIBIT "B" PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. I to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Approval of design amendments, construction contracts and testing agreements to complete the project as required. PROJECT BACKGROUND: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant (Staples Street Pumping Plant) to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area essentially southeast of Everhart Road. The new transmission main would substantially increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. PHASE 1: On June 16, 1998, Council awarded an engineering services contract to Urban Engineering for the Southside Water Transmission Main Project - Phase 1 from the ON Stevens Water Treatment Plant to Clarkwood Road. Council awarded a construction contract for this phase of the project to Pate & Pate Construction on December 12, 2000. Construction for Phase one is pending completion, but the project has not been closed yet. EXHIBIT "A" Page 1 of 2 PHASE 2, 2a and 3: On April 24, 2002, Council awarded an engineering contract to Urban Engineering for the Southside Water Transmission Main Phases 2, 2a & 3 from the intersection of Saratoga Boulevard and County Road 54 to the Staples Street Pumping Plant, including a connection to the existing 42" Holly Road main. On January 14, 2003, a construction contract was awarded to Garney Companies, Ltd. of Kansas City, Missouri, for $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a & 3. PHASE 4, 4a and 5: It is anticipated that this project will be constructed in phases with Phases 4 and 4a being constructed together and Phase 5 constructed separately to expedite completion of both contracts by June 2005. A design contract was awarded December 17, 2002 to Urban Engineering in the amount of $1,824,742 for the Southside Water Transmission Main, Phases 4, 4a, and 5. As part of that contract Council authorized the permitting and design of a water line from the South Staples Street pump station to Flour Bluff, terminating in the vicinity of Yorktown Boulevard and Laguna Shores Road. A significant portion of this line's capacity would go towards feeding a new pipeline to Padre and Mustang Islands. PHASE 6: Padre Island receives its water via a 24" pipeline installed in 1969. This next phase of the project will consist of the construction of approximately 18,400 feet of water main following a route across the Laguna Madre and across the I ntracoastal waterway to a point on land adjacent the Padre Isles development, just south of Whitecap Blvd. PROJECT DESCRIPTION: This project consists of authorizing the permitting of a new water line and future City gas line across the Laguna Madre from Flour Bluffto Whitecap Boulevard on Padre Island. It will consist of the following: · Seeking USACE approval for the pipeline across the Laguna Madre and other jurisdictional areas that may be encountered. Execution of the necessary surveys, studies and documentation preparation (such as Environmental Assessment) to support the permit application. · Seeking an easement from the Texas General Land Office to cross the state- owned land under the Laguna Madre. These approvals are necessary to allow the building of the new water line to serve Padre and Mustang Island. It is anticipated that the necessary permits should be approved within 12 - 14 months from the date of authorization to proceed. CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "C". EXHIBIT "A" Page 2 of 2 AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main 10. 11. 12. 13. 14. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Tdnity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079), May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). EXHIBIT "B" Page 1 of 2 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. Apdl 11, 2000 - Approval of acquisition of Pamel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213)= 20. September 19, 2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13, 2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. 27. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $1,824,742.00 with Urban Engineering for Southside Transmission Main, Phases 4, 4a & 5. EXHIBIT "B" Page 2 of 2 SUMMARY OF FEES - SOUTHSIDE TRANSMISSION MAIN AMENDMENT NO. 1 March 5, 2004 Original Amendment Total Contract No. 1 Contract Fees for Basic Services 1. Preliminary Phase $110,107 $110,107. 2. Design Phase $611,138 $611,138 3. Bid Phase $14,651 $14,651 4. Construction Phase $108,108 $108,108 Sub-Total Fees for Basic Service $844,002 $844,002 Fee for Additional Services 1. Permit Preparation a. Oso Creek Crossing (Phase 4 and 5/ US Army Corps of Engineer's Permit $58,560 $58,560 b. TxDOT and County Permits $10,625 $10,625 2. Easement Acquisition Survey $87,221 $87,221 3. Easement Acquisition Easement Coordination $85,170 $85,170 Title Insurance ($555/'l'ract) $47,175 $47,175 Appraisals ($1250/Tract) $106,250 $106,250 Land Acquisition Specialists ($3770/Tract) $320,450 $320,450 Legal Services (Allowance) $28,390 $28,390 Condemnation Hearings (Allowance) $125,584 $125,584 4. Aerial Photograph), $47,30( $47,300 5. Topographic Survey $27,75-~ $27,755 6. Environmental Issues a. Materials Handling $5,46( $5,460 b. Phase I Environmental Site Assessment $19,50£ $19,500 7. Construction Observation Services N/A $0 8. Start-up Services $4,10( $4,100 9. Warranty Phase $7,20¢ $7,200 : 10. Laguna Madre Pipeline Crossing Permitting $¢ $615,24,~ $615,245 Sub-Total Additional Services Fees Authorized $980,74(~ $615,245 $1,595,985 Total Authorized Fee $1,824,742 $615,24~ $2,439,987 ~TOTAL AMENDMENT NO. 1 - $615,245 ISummaryof I Fees EXHIBIT "A" File : \Mpro. iect\councilexhibi~s\exh8592.dwg - CORPUS CHRISTI BAY N AGUNA ~ '~ WHITE;~P~. PROJECT LOCATe_ON ~,~' -//~ / MEXICO LOCATION MAP NOT TO SCALE CITY PROJECT NO. 8392 EXHT_BIT "D" CITY COUNCT_L EXHT_BT_T ~ SOUTHSIDE TRANSMISSION MAIN, PHASE 6 DEPARTMENT OF ENGINEERING SERVICES PAGE: I o f I ~ ~ CITY OF CORPUS CHRISTI, TEXAS DATE: 03-24-2004 ~ 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: AN ORDINANCE AMENDING SECTION 1-6 OF THE CODE OF ORDINANCES RE- LATING TO GENERAL PENALTIES; ENACTING SUBSECTION 1-6.1 RELATING TO CONTINUING VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: An action to increase the general penalties for specific types of Code viola- tions, as permitted by State law. State law permits an enhanced maximum penalty, of up to $2,000, to be levied upon conviction of an ordinance, rule, or police regulation that governs fire safety, zoning, or public health and sanitation, including the dumping of refuse. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS COUNCIL ACTION: Approval of previous ordinance currently in effect. FUNDING: None required. CONCLUSION AND RECOMMENDATION: Approval by the City Council. ( epartment Head gignature) Attachments: None BACKGROUND INFORMATION Article X, Sec. 1, subsection (38) of the City Charter establishes the power of the City to "establish criminal and civil penalties for ordinance violations." Section 1-6 of the City's Code of Ordinances ("Code"), enacted by Ordinance No. 21242, on September 10, 1991, sets out the general penalties. The current maximum fine for all violations of the Code and other ordinances of the City is $500. Chapter 54 of the Texas Local Government Code, however, permits the governing body of a municipality to levy a fine or penalty, up to a maximum of $2,000, for a violation of a municipal ordinance, rule, or police regulation that governs fire safety, zoning, or public health and sanitation, including the dumping of refuse. By increasing the maximum penalty that violators within the community may face, compliance with the City's rules, ordinances, and police regulations is enhanced. The entire community benefits when property owners and individual citizens are held to a high standard to comply with the City's laws. AN ORDINANCE AMENDING SECTION '1-6 OF THE CODE OF ORDINANCES RE- LATING TO GENERAL PENALTIES; ENACTING SUBSECTION 1-6.1 RELATING TO CONTINUING VIOLATIONS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 1-6 of the City Code of Ordinances is revised to read as follows: "Sec. 1-6. General penalty; --"*;--"; .... ;-'""*;-- ,' C ........... ~ ........ "(a) Whenever in this Code or in any ordinance of the c!~! City an act is prohibited, er is made or declared to be unlawful~ er an offense~ or a misdemeanor, or wherever in such this Code or in any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, an offense, or a misdemeanor, ;':h~re .",c .... ~¢' ..... "" ~o .... .., ~ ...... ~...~ ..... h~. ~... *h ....... ~.v...~ ~.,. o*..*.. ~ .... the violation of the provision of this Code or the ordinance is punishable by a fine. "(b) Where the offense is one for which a penalty or fine is set by State law, the penalty or fine for the offense is the penalty or fine as set by State law. "(c) Where the maximum fine or penalty authorized by State law is hi,qher than five hundred dollars ($500.00), the maximum penalty or fine for the offense is the penalty or fine authorized by State law. "(d) The fine for a violation of an ordinance, rule, or police requlation that ,Cloverns fire safety, zoning, or public health and sanitation, includin.q dumpin.q of refuse, may not exceed two thousand dollars ($2,000.00). "(e) The maximum fine for any other offense or violation of the Code of Ordinances or an ordinance of the City is five hundred dollars ($500.00). SECTION 2. Section 1-6.1 of the City Code of Ordinances is enacted to read as follows: "Sec. '1-6.1. Continuing violations. "Unless otherwise provided, each day any violation of this Code or any ordinance of the City continues constitutes a separate offense." SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, sub- division, 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 of this Ordinance be given full force and effect for its purpose. SECTION 4. Publication of this ordinance is to 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:~LEG-DIR~elizabeth~3ept Files~EH Ordinances~EHordl41 .doc Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, 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 The foregoing ordinance was read for the second time and passed finally on this the day of ,2004, 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 PASSED AND APPROVED on the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neat, Jr. Mayor Elizabe/t~ R. Hundley Assist~Ynt City Attorney for the City Attorney 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3123104 AGENDA ITEM: AN ORDINANCE AMENDING SECTION 23-63 OF THE CODE OF ORDINANCES RE- LATING TO DEPOSITING GARBAGE IN A PUBLIC PLACE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: An action to amend the current ordinance pertaining to garbage in a public place within the City. The amended language incorporates the current broad definitions of "litter" and "solid waste" found in Sec. 21-1 of the Code (the Solid Waste chapter) and includes permitting the proper placement of litter and solid waste within conven- tional refuse receptacles commonly found in public places. Also, the use of the word "deposit," as it pertains to conduct, is expanded to address instances when litter and solid waste is dropped, cast, thrown, released, blown, spilled, or dumped. Added to the list of places declared to be public places are municipal boat ramps. Violations of the ordinance will be treated as strict liability offenses. Additionally, a minimum fine, upon conviction of a first, second, third, and continued violation is imposed. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS COUNCIL ACTION: Approval of previous ordinance currently in effect. FUNDING: None required. CONCLUSION AND RECOMMENDATION: Approval by the City Council. Attachments: None BACKGROUNDINFORMATION The current ordinance, found in Sec. 23-63 of the City's Code of Ordinances ("Code"), addresses the placement of garbage in public places within the City. However, a definition of "garbage" is not included in the present section nor is there any reference to Chapter 21 of the Code for clarification purposes. Additionally, the placement of garbage and rubbish, under this section, does not specifically permit the items to be placed in trash containers commonly found in public places. Also, while Sec. 23-63 recognizes municipal piers as public places, municipal boat ramps were never included as part of this section. The maximum fine, for any and all violations of this ordinance, is currently $500. The proposed amendment removes the limiting application of the words "garbage" and "rubbish" and incorporates the broad definitions of "litter" and "solid waste" presently found in the Solid Waste chapter of the Code (Chapter 21). Additionally, the amendment specifically allows the proper placement of litter and solid waste in conventional refuse receptacles found in public places and includes municipal boat ramps within the places declared, under the ordinance, to be public places. Violations of the ordinance will be treated as strict liability offenses. Also included in the amendment is the establishment of a minimum fine following the first, second, third, and continued violation of this ordinance. AN ORDINANCE AMENDING SECTION 23-63 OF THE CODE OF ORDINANCES RE- LATING TO DEPOSITING GARBAGE IN A PUBLIC PLACE; PRO- VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-63 of the City Code of Ordinances is revised to read as follows: ~'----"--""k';" ,..--v--."'""~ Litterin.q prohibited in public places. depesited No person may deposit or permit to be deposited any excrement, offal, urine, ...... ;...,,~ ...... ~.~.;oh ..-..~.....~. e~ litter, or any other kind Of solid waste ~ .........................~,,ho, ....... ~..., ....... in any public place within the corporate limits of the ";*'., City,' unless proped¥ placed in a conventional refuse receptacle or for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services. "(b) For the purposes of this section, the following are declared to be public places: (1) All right-of-ways, including street and drainaqe right-of-ways. (2) Sidewalks, trails, paths, passageways, and walkways generally used by pedestrians. (3) Parks. (4) Municipal piers and boat ramps. (5) Places of public accommodation situated within the corporate limits of the City, such as those utilized for religious worship, educational purposes, or where people congregate or assemble for business, pleasure, or amuse- ment purposes. "(c) "Conventional refuse receptacle" and "solid waste" within this section have the meanings defined in Sec. 21-1 of this Code. "(d) "Deposit" within this section means to drop, cast, throw, place, release, blow, spill, or dump. "(e) "Litter" within this section includes, without limitation, paper; napkins; straws; cups or containers made of paper, plastic, Styrofoam, or other similar material; bottles; glass; candy or gum wrappers; cans; cigarette or cigar butts; and any other type of household waste, including debris, garbage, refuse, and rubbish as defined in Sec. 21-1 of this Code. "(f) "Places of public accommodation" within this section includes any physical structure and the entire premises, lot, or parcel of land on which the structure is situated, including the outside seating areas, parkin.q areas, driveways, and vehicle entrances and exits. "(.q) "Properly placed" within this section means the discardinq of litter or other solid waste so that the litter or solid waste does not protrude above the top of the conven- tional refuse receptacle. "(h) Violations of this ordinance are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the ordinance. "(i) Upon conviction of a violation under this section, the person must be fined an amount not less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) per violation; provided, however, in the event a person has once previously been convicted under Sec. 23-63 of this article, the person must be fined an amount not less than two hundred dollars ($200.00), and must be fined not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will 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 of this Ordinance be given full force and effect for its purpose. SECTION 3. Publication of this ordinance is to 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. HALEG-DIR~lizabeth\Dept Files\EH Ordinances\EHordl42.doc Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary for the City ^ttomey Samuel L. Neal, Jr. Mayor ,2004 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: AN ORDINANCE AMENDING SECTION 23-67 OF THE CODE OF ORDINANCES RE- LATING TO PERMITTING ACCUMULATION OF FILTH ON LOTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: An action to amend the current ordinance pertaining to the accumulation of filth on real property within the City. The amended language incorporates the current broad definitions of "litter" and "solid waste" found in Sec. 21-1 of the Code (the Solid Waste chapter). Also addressed in the amended language of the ordinance is the prohibition of allowing inoperative or abandoned household appliances, furniture, and other unsightly, objectionable, and unsanitary matter to accumulate on property within the City. Violations of the ordinance will be treated as strict liability offenses. Addi- tionally, a minimum fine, upon conviction of a first, second, third, and continued violation is imposed. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS COUNCIL ACTION: Approval of previous ordinance currently in effect. FUNDING: None required. CONCLUSION AND RECOMMENDATION: Approval by the City Council. (DeC~artment Head 'Signa~re) A~achmen~: None BACKGROUNDINFORMATION The current ordinance, found in Sec. 23-67 of the City's Code of Ordinances ("Code"), addresses the accumulation of filth on real property. However, "filth" is not defined in the Code. The current maximum fine, for any and all violations of this ordinance, is $500. The proposed amendment incorporates the broad definitions of "litter" and "solid waste" presently found in the Solid Waste chapter of the Code (Chapter 21). Additionally, the amendment specifically prohibits the accumulation of inoperative or abandoned household appliances, furniture, and other unsightly, objectionable, and unsanitary matter upon property within the City. Violations of the ordinance will be treated as strict liability offenses. Included in the amendment is the establishment of a minimum fine following the first, second, third, and continued violation of this ordinance. AN ORDINANCE AMENDING SECTION 23-67 OF THE CODE OF ORDINANCES RE- LATING TO PERMITTING ACCUMULATION OF FILTH ON LOTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICA- TION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-67 of the City Code of Ordinances is revised to read as follows: Litter and solid waste prohibited on lots· "(a) No person who owns or occupies any lot or parcel of land in the City may permit or allow litter, solid waste, inoperative or abandoned household appliances, furniture, or any other unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land, unless placed for collection by solid waste services or a private solid waste collection service at a location desiqnated by the director of solid waste services and in accordance with Chapter 21 of this Code. "(b) "Household appliance," "litter," and "solid waste" within this section have the meanings def ned in Sec. 21-1 of this Code. "(c) Violations of this ordinance are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the ordinance. "(d) Upon conviction of a violation under this section, the person must be fined an amount not less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) per violation; provided, however, in the event a person has once previously been convicted under Sec. 23-67 of this article, the person must be fined an amount not less than two hundred dollars ($200.00), and must be fined not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will 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 of this Ordinance be given full force and effect for its purpose. SECTION 3. Publication of this ordinance is to 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:~LEG-DIR~lizabeth\Dept Fi[es\EH Ordinances\EHordl43.doc Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff PASSED AND APPROVED on the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor ^, oRM: /.5. 2004 E~zab,.~ R. Hundley ' Assists)bt City Attorney for th~ City Attorney 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3~23~04 AGENDA ITEM: AN ORDINANCE AMENDING SECTION 23-68 OF THE CODE OF ORDINANCES RE- LATING TO PERMITTING WEEDS AND RUBBISH ON LOTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: An action to amend the current ordinance pertaining to weeds and rubbish on real property within the City. A benchmark height of 12 inches is established for tall weeds and brush on private and public property. Additionally, a minimum fine, upon conviction of a first, second, third, and continued violation is imposed. REQUIRED COUNCIL ACTION: Approval of ordinance. PREVIOUS COUNCIL ACTION: Approval of previous ordinance currently in effect. FUNDING: None required. CONCLUSION AND RECOMMENDATION: Approval by the City Council. (Department Hea'c~ Sigl~ature) Attachments: None BACKGROUNDINFORMATION The current ordinance, found in Sec. 23-68 of the City's Code of Ordinances ("Code"), addresses both weeds and brush, that grow on real property, as well as rubbish and other "unsightly, objectionable, or unsanitary matter" that accumulates on property. The current ordinance, while prohibiting the growth of weeds and brush, does not establish a minimum allowable height. The current maximum fine, for any and all violations of this ordinance, is $500. The amended ordinance severs those items that grow on property from those items that accumulate on property. (Accumulations are addressed in the amendment to Sec. 23-67 of the Code, which is included on this agenda.) Additionally, the amendment to the ordinance establishes a benchmark height of 12 inches for weeds and brush. Included in the amendment is the establishment of a minimum fine following the first, second, third, and continued violation of this ordinance. AN ORDINANCE AMENDING SECTION 23-68 OF THE CODE OF ORDINANCES RE- LATING TO PERMITTING WEEDS AND RUBBISH ON LOTS; PRO- VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-68 of the City Code of Ordinances is revised to read as follows: "Sec. 23-68. Pcr.--..iffi.-.~, Tall weeds and brush prohibited on lots. "(a) No person who owns or occupies any lot or parcel of land in the City may permit or allow weeds or brush 12" or hiqher to .qrow on the lot or parcel of land. "(b) Upon conviction of a violation under this section, the person must be fined an amount not less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00) per violation; provided, however, in the event a person has once previously been convicted under Sec. 23-68 of this article, the person must be fined an amount not less than two hundred dollars ($200.00), and must be fined not less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will 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 of this Ordinance be given full force and effect for its purpose. SECTION 3. Publication of this ordinance is to 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:~EG-DIR~elizabeth\Dept Files\EH Ordinances\EHordl44.doc Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the ATTEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor APPROVED AS TO LEGAL FORM: ~7, /5, 2004 ~r~ R. Hundley / ~ Assis~aht City Attorney ~ for the City Attorney 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3-30-2004 AGENDA ITEM: Ordinance amending Ordinance No. 15898, as amended, by approving a revised standard form industrial district agreement and authorizing the city manager, or designee, to execute industrial district agreements based on the revised standard form industrial district agreement and to file the industrial district agreements in the official record of the county where the affected land is located. ISSUE: The City's current industrial district contracts expire December 31, 2004. The staff has been working closely with Port Industries for several months to negotiate new ten year contracts, and is now ready to present a new standard contract for consideration by the Council. REQUIRED COUNCIL ACTION: Passage of an Ordinance to approve the standard form industrial district agreement and authorize execution by the city manager. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Ordinance as presented on first reading. Assistant City Manager Support Services Attachments: Ordinance Agreement Map Power Point BACKGROUND INFORMATION March 30, 2004 Industrial districts are formed by an agreement between a city government and industrial firms lying outside city limits. The industrial district contractually protects the industrial venture from annexation and subsequent city regulations and allows the city and industry to negotiate a payment to the municipality in lieu of taxes. The districts were first allowed by the state of Texas under the 1963 Municipal Annexation Act, giving cities a way to expand their tax base while still providing important business incentives - lower taxes and protection from city regulation. The industrial district lies within the city's extraterritorial jurisdiction, but remains outside city limits. The City of Corpus Christi first became involved in industrial districts in 1981-1982 when the city council and certain industries, principally along the port, negotiated a master industrial district agreement. The Industrial District contracts have been renewed 3 times since the inception, each with revisions. The revisions in the proposed contracts beginning January 2005 are presented via a PowerPoint presentation. Page 1 of 2 ORDINANCE AMENDING ORDINANCE NO. t5898, AS AMENDED, BY APPROVING A REVISED STANDARD FORM INDUSTRIAL DISTRICT AGREEMENT; AND AUTHORI~NG THE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BASED ON THE REVISED STANDARD FORM INDUSTRIAL DISTRICT AGREEMENT AND TO FILE THE INDUSTRIAL DISTRICT AGREEMENTS IN THE OFFICIAL RECORDS OF THE COUNTY WI-IERE THE AFFECTED LANDIS LOCATED. BElT ORDAINED BYTHECITYCOUNCILOFTHECITYOFCORPUSCHRISTI, TEXAS: SECTION 1. Ordinance 15898, as amended by Ordinances 15941, 16129, 16167, 16601,18023, 022092, and 022360 is amended by replacing Exhibit 1 of Ordinance 15898, as amended, with the attached Exhibit A. SECTION 2. The attached Exhibit A is approved as the Revised Standard Form Industrial Distdct Agreement. The City Manager, or designee, is authorized to execute Industrial District Agreements that are based on the attached Exhibit A and to file the Industrial District Agreements in the Official records of the County where the affected land is located. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. H:U_EG- OlR~DoyleD ,Curtis~MYDOCS~2003.04\ORD2003.100\Ordinanc.es\lndDist.Agr~Ordinance~032304OC .AmendOrd. 15898. Revise. StdForm.lndDstl< CtyMgr. Execute .doc Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the 30 th day of March, 2004, by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the 13th day of Apdl, 2004, by the following vote: Samuel L. Neal, Jr. William Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scoff Henry Garrett PASSED AND APPROVED on the 13th day of Apdl, 2004. ATTEST: Armando Chapa City Secretary ~ROVED/~ Mar~ 20~.~r Doyle I~./~udis Chief,/~ministrative Law Section Senior Assistant City Attomey For City Attorney THE CiTY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor H:%EG- D~R~)~y~eD~urtis~YD~S~2~3~4\~RD2~3~1~\~rdinanc~es\~ndDist~Ag~rdinance~323~4D~Amend~rd~ 15898'Revise'StdF°~'lndDstl CtyMgr. Execute.doc Exhibit A INDUSTRIAL DISTRICT AGREEMENT NO. --- THE STATE OF TEXAS § COUNTY OFNUECES § CITY OF CORPUS CHRISTI § This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces CountY, Texas, hereinafter called "CITY", and [Name of landowner], a __ [State] [type of entity], Landowner, and [name of lessee & improvements owner], a [state] [type of entity], Lessee, and Improvements Owner, hereinafter collectively called "COMPANY". WlTNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its environs and which will attract the location of new and expansion of existing industries therein, and this policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner or lessee of land or owner of improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this agreement by the City this land shall be known as "Corpus Christi Industrial Distdct No. ," and this land is more particularly described in Exhibit "A" by metes and bounds as provided for in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ("NCAD") or its successor attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which Company has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local Government Code, City has enacted Ordinance No. 15898, as amended, including without limitation by Ordinance No. 022092, incorporated for all purposes, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts' and Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 if the industries no later than December 15, 2005, (or later for subsequently acquired land as provided in the ordinance) submit substantially complete executed contracts to the City Manager; and WHEREAS, City desires to encourage the updating, expansion and growth of industries within said Districts and for this purpose desires to enter into this Agreement with Company. NOW, THEREFORE, in consideration of the promises, the mutual agreements of the parties heroin contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of City referred to above, City and Company hereby agree as follows: A. 1. City covenants and agroes that dudng the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain this status until and unless the same is changed pursuant to the terms of this Agroement. Except as herein provided City further covenants and agroes that said land shall be immune from annexation. 2. During the term heroof City shall have no obligation to extend to said land any City services, except fire protection if Company makes additional payments to City under ^rticie III.E. hereof, and other City services being provided to and paid for by Company on the date hereof. B. Further, City and Company agree that dudng the term hereof, City shall not require with respect to said land compliance with its rules or regulations (1) governing zoning and platting of said land or any additions thereto outside the City limits and in an industrial district; provided, however, Company further agrees that it will in no way divide said land or additions thereto without complying with State law and City ordinances governing subdivision of land, including the provisions of Article XI of this ^groement; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operations of Company's business, except as to those rogulations relating to the delivery of utility services and industrial waste disposal through City-owned facilities. C. Company covenants and agrees that during the term hereof, Company will not use or permit the use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance No. 15898, as amended. Holding said land and improvements for futuro "industry" use, without using same for non-industry purposes, does not violate this paragraph. II. This Agreement is an extension of the existing Agreement between the City and the Company. The term of this Agreement shall be ten (10) years beginning on the first day of January 2005, and continuing until December 31, 2014, unless extended for additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, if this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no eadier than midnight of December 31 of the final year of the term. III. Each year during the term hereof, Company shall pay to City: A.1. An amount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to City by Company if said land were situated within the city limits of City. 2. With respect to any new land acquired by Company after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, the new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which the new land is acquired by Company. In addition, Company shall provide City a complete description of the new land in accordance with Section VII and a listing by NCAD account number of the newly acquired land that will be added to Exhibits "A" and "B". B.1. An amount in lieu of taxes on improvements (excluding personal property)located on said land equal to sixty percent (60%) of the amount of ad valorem taxes which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) of the Texas Tax Code, and shall also include petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the Company. 2. On or before July 31 of each year or upon final determination of property values by NCAD, which ever is later, during the term of this Agreement, Company shall provide to 4 City's Collection Section a written statement of its opinion of the market value sworn to by an official of Company authorized to do the same. C. I For new improvements or facilities completed after January 1, 1974 in lieu of the percentages of the amount of ad valorem taxes as calculated in III.B., Company shall pay to City the pementage shown in the chart below based on the year of use. Payments under this provision shall never exceed sixty percent (60%) of the amount of ad valorem taxes that would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. The first year of use for purposes of this new improvements payment shall be deemed to begin on the first day of January next following the date when the new improvements are placed in use. This provision shall apply to construction of new improvements or facilities and to the expansion of existing improvements or facilities on said land. To qualify as new improvements or facilities, the value of all new improvements or facilities in any single year must exceed a cumulative value of at least $3,000,000.00. New improvements or facilities not inbluded within this ^rticle III.C. shall be deemed to be included within the provisions of Article III. B. Chart YrofUse % YrofUse % Yr of Use % YrofUse % 1 ~t 6% 4th 26% 7th 50% 10th 60% 2nd 12% 5th 34% 8th 58% 11th 60% 3~a 19% 6th 42% 9th 60% 12th + 60% D.1. If in any year, the total in-lieu tax value of land and improvements under III.A. through III.C. is not at least an annual increase of 3% over the previous year, the value of the oldest new improvements that has not been captured under III.C. that is needed to meet the minimum required increase in value shall be added to the total in-lieu value of land and improvements for that year only. Payments under this provision shall never exceed one hundred percent (100%) of the ad valorem taxes that would otherwise be payable to City by Company for land if said land was within the city limits of City and shall never exceed sixty pement (60%) of the ad valorem taxes that would otherwise be payable to City by Company for improvements if said improvements were situated on land within the city limits of City. 2. However, if in any year, the in-lieu tax value of land and improvements is more than 6% higher than the previous year, the increase in in-lieu tax values for that year shall be capped at 6%. E. An additional amount for City fire protection equal to fifteen pement (15%) of the amount which would be payable on 100% of assessed value of improvements located in said land notwithstanding the provisions of Article Ilt.B.; provided, however, that if 5 and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, or Company agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Article III.E. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. Company will provide equipment, training, and facilities necessary to safely handle all expected emergencies and propedy protect Company and the community from the adverse effects of an industrial disaster. F.1. At the request of Company, as an alternative to the method of calculation set forth in Article III.A. through E., the Company may make a payment which is determined by considering, using the method of calculation set forth in Article III.A. through Article Ill.E., said land and all other lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits as if all the value of Company's lands above described and improvements thereon were outside the city limits, and deducting from the amount which would otherwise be due from the calculation the property taxes actually due to City resulting from the assessed values of land and improvements, excluding personal property, located inside the City. If Company selects the alternative procedure, the amount due to City under this Article IlI.F. shall be the resulting difference. In addition, Company shall provide City, by attaching hereto as Exhibits "A" and "B", a complete description in accordance with Section VII or a listing of the account numbers as available from NCAD of the lands contiguous to said land, or forming an integral part of Company's pdmary operation located on said land, owned by Company inside the city limits. 2. With respect to any new land acquired by Company after January 1, 1981, located inside the city limits, which is contiguous to said land, or forms an integral part of Company's primary operation located on said land, the new land may be considered in the altemative method of calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the date that the new land is acquired by Company. Company shall provide City a new or revised Exhibit "B" which includes a complete description of the new land or a listing of the account numbers from NCAD which will be attached to Exhibit "B". Provided, however, this provision can only be used by a Company that was utilizing this provision on December 31, 1994, only with respect to Land reflected in Exhibit "B" to that Company's Industrial District Agreement with City as of said date, and only for so long as the alternate in this paragraph is continuously used. IV. A. Company agrees to pay to City on or before January 31 of the year following each year during the term hereof all payments in lieu of taxes provided for hereunder without discount for eady payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in the ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. B. In determining the Company's in lieu of taxes annual payment required under this Agreement, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Company shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Company will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in-lieu tax payment. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended using the fair market value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. V= A. If Company elects to protest the valuation set on any of its properties by Nueces County Appraisal Distdct (NCAD) for any year or years dudng the term hereof, it is agreed that nothing in this Agreement shall preclude the protest and Company shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV. B. Notwithstanding any protest by Company, Company agrees to pay to City an initial in lieu of tax payment, on or before the date therefore hereinabove provided, of at least the amount of the payment in lieu of taxes on said land and improvements which would be due by Company to City hereunder on the basis of renditions filed by Company with City's Collection Section for that year in accordance with Section III B.2 or on the basis of the assessment thereof for the last preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on the final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for that year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attomey's fees, and cost of collection shall be recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the Company is an industry covered by the third paragraph of Section 2 of Ordinance 15898, as amended, failure to comply with the terms of that paragraph shall constitute grounds for termination of this Agreement, provided however, that the Company shall be given written notice of the grounds for termination and if within sixty (60) days the Company complies or demonstrates a satisfactory plan of compliance (where compliance requires more than sixty (60) days) the Agreement shall not be terminated. B. If Company defaults in paying in lieu of tax payments hereunder, City shall be entitled to a tax lien on said land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C.I If City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If Company elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Agreement. D. If Company uses, or permits use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance 15898, as amended, the payment in lieu of taxes to be paid by Company under this Agreement shall be increased to an amount equal to one hundred pement (100%) of the amount of ad valorem taxes on land, improvements, and personal property sited on the land which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. The increase shall be immediately effective for all payments from the inception of this Agreement, and Company shall transmit to the City within 10 days of being notified by City of the determination of a non-industrial use, an amount equal to said one hundred pement (100%) of ad valorem taxes from the inception of this Agreement less any amounts previously paid plus penalties and interest as if the amounts were delinquent taxes. City shall be entitled to its attorney's fees and other costs in collecting any of these amounts. In addition, City shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the land covered by this Agreement. Until the land is annexed, Company shall continue to make payments equal to said one hundred pement (100%) of ad valorem taxes. VII. Company agrees to provide to'City at Company's expense, a survey plat and field note description of said land, unless the survey plat and field note description from the existing agreement has not changed. Company also agrees to provide City with a listing of account numbers as available from NCAD or its successor. With respect to Company's acquisition of new land, as described in Article III.A.2., which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of the new land and a listing of account numbers as available from NCAD or its successor. A. If any attempt to annex any of said land owned, used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits said land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of Company, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.I. If City and Company are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Company shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. This option shall be exemised within thirty (30) days after the application for the temporary injunction is denied. If Company elects to continue the in lieu of taxes payments, the City shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: B.2. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to Company; or B.3. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by City. IX. The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties presently owned or acquired by said affiliates within the area described in Exhibit "A" and/or Exhibit "B" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land and improvements presently owned by its affiliates. The word "affiliates" as used herein shall mean (1) all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations which are members of a "controlled group of corporations" (as that term is defined in Section 1563(a) of the Internal Revenue Code of 1954, as amended) of which the Company is a member. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. XI. A. Whenever the Company sells a contiguous portion of said land to another industry as defined in Ordinance No. 15898, as amended, then platting of the property may be deferred under the following conditions: 1. The seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer, drainage, access, and street plans for said land; 10 2. Both the buyer and the seller shall enter into an agreement with the City requiring the platting of said land if the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension; and 3. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer has entered into a supplemental industrial district contract with the City concerning the holdings. B. Whenever the Company propedy plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" and/or Exhibit "B", company shall furnish to the City's Collection Section a revised Exhibit "A" and/or Exhibit "B" and a listing of account numbers as available from NCAD or its successor, which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred. Thereafter, the buyer shall be responsible for the payments including any rollback payments under Article VI.D. If the Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" or Exhibit "B", Company shall remain solely responsible for any payments in lieu of taxes applicable to the property, including improvements thereon, and including any rollback payments under Article VI. D., as if the improper plat, subdivision, or conveyance had not occurred. XlI. IExcept for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of the Texas Natural Resoumes Code, if City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Indust#al Classification Manual 1987 or enters into a renewal of any existing industrial district agreement with an industry of the same classification which contains in lieu of tax payment terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment terms and provisions. "Similar industry" shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional 3_3_ services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces and San Patricio Counties unless same are not reasonably and competitively available within said area. Company acknowledges that the City provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. Company agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the City. The Company shall make reasonable efforts to determine local availability and competitiveness of other supplies, materials, equipment, service, construction, and professional service contracts, but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XlV. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City hereunder. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. This Agreement may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of ., 20 ATTEST: Armando Chapa, City Secretary .By:. CITY OF CORPUS CHRISTI By: George K. Noe, City Manager 12 LEGAL FORM APPROVED 1 April 2003 Doyle CurtisChief, Administrative Law Section Senior Assistant City Attorney FOR CITY ATTORNEY 13 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,200__, by George K. Noe, Acting City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Printed Name: Notary Public, State of Texas My Commission expires: ATTEST Name: LANDOWNER By Name Title Title .(name of entity) ATTEST Name: Title .(name of entity) LEESEE AND IMPROVEMENTS OWNER By Name Title LANDOWNER ACKNOWLEDGMENT 3_4 THE STATE OF § COUNTY OF § Before me (name of notary), notary public of the state of on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. [Seal] Given under my hand and seal of office this day of , A.D., 200--. Notary Public, State of Printed Name: My Commission expires: 3.5 LESSEE AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § Before me (name of notary), notary public of the state of on this day personally appeared , known to me and proved to me through his/her driver's license number ., to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. [Seal] Given under my hand and seal of office this __ day of , A.D., 200__. Notary Public, State of Printed Name: My Commission expires: City Of Corpus Christi Industrial District Agreements Current Agreements ❑ Over 60 separate agreements, one standard form or master agreement ❑ Term: Current master agreement effective January 1, 1995 through December 31, 2004 ❑ Total payments for FY2003-04: $6 million New Agreements Proposed ❑ Maintain one standard form or master agreement ❑ Term: effective 1/1/2005 through 12/31/2014 ❑ Base calculation for payments in lieu of taxes remain the same — City's tax rate/$100 times: ■ Land: 100% of value ■ Improvements: 60% of value ■ New Improvements: 6-58% of value years 1-8, respectively New Agreements Proposed (continued) ❑ New Improvement Qualification: Improvement must be at least $3 million in a single year ❑ New Floor and Cap on value increase/year: ■ New value accelerated to meet 3% minimum ■ Value over 6% deferred ❑ Fire Protection: Additional flexibility provided ❑ Water Service: Acknowledgement of City's regional water system and its importance Questions &Comments