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HomeMy WebLinkAboutAgenda Packet City Council - 04/27/2004CITY COUNCIL AGENDA APRIL 27, 2004 CorpusChr"lst'i mi4mericacitv 11:45 A.M. - Proclamation declaring May 1-8, 2004 as "Water Utilities Week" AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 27, 2004 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree qua su ingl6s as limitado, habr8 un int6rprete ingl€s-espariol an todas las juntas del Concilio para ayudarte. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Dr. David Owen, Pastor, Unitarian Universalist Church of Corpus Christi C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of April 20, 2004. (Attachment # 1) Agenda Regular Council Meeting April 27, 2004 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 ratherthan a two reading ordinance; ormay modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein forreconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of traffic signal equipment from the following companies forthe following amounts, in accordance with Bid Invitation No. BI -0069-04, based on only bid, low bid, and low bid meeting specifications for a total of $270,814. Funds have been budgeted by the Street Department in FY 2003-2004. (Attachment # 2) Texas Highway Paradigm Traffic Round Rock. Texas Fort Worth, Texas Item Nos.: 1, 2 Item Nos.: 3, 4, 5, 6, 8 & 10 $56,088 $125,246 Agenda Regular Council Meeting April 27, 2004 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Control Technologies Inc. Naztec Inc. Tomball, Texas Sugarland. Texas Item Nos.: 7, 11, 12 & 13 Item No.: 9 $29,350 $60,130 Grand Total: $270,814 Motion approving a supply agreement with Ennis Paint, Inc., of Ennis, Texas for approximately 21,250 gallons of pavement marking paint in accordance with Bid Invitation No. BI -0078-04 based on low bid for an estimated annual expenditure of $96,489.25. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve- month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services in FY 2003-2004. (Attachment # 3) 4. Motion approving a supply agreement with JG & T Janitorial, of Cypress, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI -0059-04, based on low bid for an estimated annual expenditure of $45,600, ofwhich $11,400 is for FY 2003-2004. The term of the contract is for twelve months with an option to extend for up to two additional twelve- month periods, subject to the approval of the supplier and the City Manageror his designee. Funds have been budgeted by Building Maintenance in FY 2003-2004. (Attachment # 4) 5. Motion approving the purchase of airport holdroom furniture from Yochem's Business Interiors, of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0074-04 based on low bid for a total amount of $37,856.30. The hotdroom fumiture will be installed at the airport. Funds are available through the Series 2000A of the Airport Bond. (Attachment # 5) 6.a. Resolution authorizing the City Manageror his designee to accept a $5,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used for computer connectivity between the City of Corpus Christi Juvenile Assessment Center and the Nueces County Juvenile Probation Department. (Attachment # 6) Agenda Regular Council Meeting April 27, 2004 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Ordinance appropriating a grant in the amount of $5,000 in the No. 1067 Park and Recreation Grant Fund from the Coastal Bend Alliance for Youth to be used for computer connectivity between the City of Corpus Christi Juvenile Assessment Center and the Nueces County Juvenile Probation Department. (Attachment # 6) 7. Resolution authorizing the City Manageror his designee to submit a grant application to the Texas Automobile Theft Prevention Authority (ATPA) in the amount of $296,692 to continue the Motor Vehicle Theft Enforcement Grantwithin the Police Departmentfor Year 4, with City match of $23,700 in the Law Enforcement Trust Fund in the No. 1061 Fund, $45,961 in Program Income in the No. 1061 Fund, $47,168 in the No. 1020 General Fund, and $12,488 in-kind contribution; for a total project cost of $426,009. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a contractwith Dailey -Wells, of San Antonio, Texas in the amount of $28,889 for maintenance of the City's 800 mhz radio system for one month beginning May 6, 2004, with an option to extend for up to five (5) additional one-month terms at the discretion of the City Manager. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute Change Order No. 9 for the Multi -Purpose Arena in the amount of $865,793 with Fulton Coastcon, Joint Venture, of Corpus Christi, Texas for Phase 3, Street and Parking Lot Modifications. (Attachment # 9) 10. Motion authorizing the City Manager or his designee- to execute a construction contract with Ramos Industries, of Pasadena, Texas in the amount of $996,780 for the Club Estates Channel Improvements, Phase 1. (Attachment # 10) 11.a. Ordinance appropriating $46,500 from the unappropriated settlement claims in the No. 3160 City Hall Capital Improvement Program Fund; transferring to and appropriating in the Library Capital Improvement Program Fund No. 3210 for the Northwest Library Re -roof 2004 project; amending Ordinance No. 025647 which adopted the FY 2004 Capital Budget by increasing appropriations by $93,000. (Attachment # 11) Agenda Regular Council Meeting April 27, 2004 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.b. Motion authorizing the City Manager or his designee to execute a construction contract with Port Enterprises, Ltd., of Corpus Christi, Texas in the amount of $30,818 for the Northwest Library Re -Roof 2004 project. (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Change Order No. 5 with Laughlin -Thyssen, Inc., of Corpus Christi, Texas in the amount of $159,401.79 forthe O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Attachment # 12) 13. First Reading Ordinance - Ordinance naming the Ground Transportation Facility at the Corpus Christi International Airport the Virgina L. Turner Parking Plaza. (Attachment # 13) 14. First Reading Ordinance - Amending Article VII, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding Fill Permits; and providing for penalties. (Attachment # 14) 15. Ordinance appropriating $95,000 from the Transportation Security Administration into the Airport Fund No. 4610 for providing law enforcement officers at security checkpoint; amending FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing revenues and appropriations by $95,000. (Attachment # 15) 16. Ordinance abandoning and vacating a 6,734 -square foot portion of two 10 -foot wide drainage easements in Lots 20B & 20C, Block 1, Patrick Gardens School Tract; requiring the owner, Corpus Christi Independent School District, to comply with the specified canditiorrs and replat the property within 180 days at owner's expense. (Attachment # 16) PUBLIC HEARINGS: 17.a. Public hearing to consider vacating and abandoning of a 962 - square foot triangular portion of the Cheyenne Street right-of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract. (Attachment # 17) Agenda Regular Council Meeting April 27, 2004 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17.b. Ordinance abandoning and vacating a 962 -square foottriangular portion of the Cheyenne Street right-of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense. (Attachment # 17) ZONING CASES: 18. Case No. 0304-05, Larry S. Spaller: A change of zoning from an "A-2" Apartment House District to an "AB" Professional Office District. The property is in C. A. Meuly's Addition, Block 5, Lots 10, 11, and 12, located on the northeast corner of Hancock Avenue and Sixteenth Street (Crosstown Expressway). (Attachment # 18) Planning Commission and Staffs Recommendation: Approval of the "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance, upon application by Larry S. Spaller, by changing the zoning map in reference to Lots 10, 11, and 12, Block 5, C. A. Meuly's Addition, from "A-2" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 19. Case No. 0304-07, Nueces County Community Action Agency: A change of zoning from an "A-1" Apartment House District and a "B-4" General Business Districtto a "R-1 B" One -family Dwelling District. The property is in Bohemian Colony Lands, Section 7, being 20.24 acres out of Lot 8, located southwest of Holly Road and Martin Street intersection. (Attachment # 19) Planning Commission and Staffs Recommendation: Approval of the "R-1 B" One -family Dwelling District. Agenda Regular Council Meeting April27,2004 Page 7 20. 21. ORDINANCE Amending the Zoning Ordinance, upon application by Nueces County Community Action Agency by changing the zoning map in reference to Bohemian Colony Lands, Section 7, being 20.24 acres out of Lot 8, from "A-1" Apartment House Distdct and "B-4" General Business District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0304-08, Georqe Thamaravelil: A change of zoning from a "F-R" Farm-Rural District and "B-3" Business District to a "R-1 B' One-family Dwelling District on Tract 1 and "B-3" Business District on Tract 2. The property is in Flour Bluff and Encinal Farm and Garden Tracts, being 27.72 acres out of Section 21, Lots 15 and 16, located on the northeast comer of Yorktown and Cimarron Boulevards. (Attachment # 20) Planning Commission and Staff's Recommendation: Approval of the "R-lB" One-family Dwelling District on Tract 1 and "B-3" Business District on Tract 2. ORDINANCE Amending the Zoning Ordinance, upon application by George Thamaravelil by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, being 27.72 acres out of Section 21, Lots 15 and 16 from "F-R" Farm-Rural District to "R-lB" One-family Dwelling District- Tract 1 and from "F-R" Farm- Rural Distdct to "B-3" Business Distdct - Tract 2; amending the Comprehensive Plan to a~ount for any deviations flum the existing Comprehensive Plan. Case No. 0304-09. Al Mostaohasi: A change of zoning from an '%-1" Apartment House District to a "R-1 B" One-family Dwelling District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Section 18, being 21 acres out of Lots 17, 18, 31, and 32, located south of Holly Road and 1,000 feet east of Airline Road. (Attachment#21) Planning Commission and Staff's Recommendation: Approval of the "R-1 B" One-family Dwelling District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April27,2004 Page 8 ORDINANCE Amending the Zoning Ordinance, upon application by Al Mostaghasi by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 18, being 21 acres out of Lots 17, 18, 31, and 32, from "A-1" Apartment House District to "R-lB' One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation items. 22. Downtown Streetcar System (Trolley). (Attachment # 22) 23. Presentation on the 2003 Velocity Games and plans for the 2004 Velocity Games scheduled for Memorial Day Weekend at McGee Beach. (Attachment#23) 24. Corpus Christi Regional Economic Development Corporation Quarterly Report. (Attachment # 24) 25. Presentation of General Fund Five-Year Financial Forecast. (Attachment # 25) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 26. Resolution reaffirming financial policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. (Attachment # 26) 27. Motion authorizing the City Manager or his designee to enter into an agreement with the Junior League of Corpus Christi, Inc. to provide two $50,000 annual payments for the design and construction of a Skate Park in Corpus Christi, Texas, subject to annual appropriation of funds. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April27,2004 Page 9 28. 29. 30. 31. Resolution adopting the FY2004 Consolidated Annual Action Plan (CAAP) which includes the Community Development Block Grant, Emergency Shelter Grant, and the HOME Programs; authorizing the City Manager or his designee to submit the CAAP to the United States Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the CAAP, if required by the United States Department of Housing and Urban Development. (Attachment # 28) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with the Corpus Chdsti Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. (Attachment # 29) Resolution adopting guidelines and criteda for authorizing temporary property tax abatement. (Attachment # 30) First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for businesses operating exclusively in the Renewal Community; and providing for an effective date. (Attachment # 31) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE CQUNCIL DURING THIS TIME PERIQD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr'& un int~rprete ingl&s-espaffol en la reunion de la junta pare ayudade. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April27,2004 Page 10 32. 33. Nw PER ClTY 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 office. Executive session under Texas Government Code Section 551.071 regarding the City's proposed Detention and Magistration Center, including possible related litigation, with possible discussion and action related thereto in open session. Executive session under Texas Government Code Section 551.071 regarding City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th Judicial District Court, 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April27,2004 Page 11 34. 35. 36. O. CITY MANAGER'S REPORT * 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 ,qC.~ty. ~'~all, 1201 Leopard Street, at ~;:~C) p.m., ~F',J ~ ,2004. Armando Chapa · City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 20, 2004 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Javier D. Colmenero Melody Cooper (Arrived at 10:18 a.m.) Henry Garrett Bill Kelly Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attomey 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 Deacon Michael Mantz of the Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 13, 2004. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointment was made: Community Youth Development (78415) Program Steering Committee Kimberly A. Riggans (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-12). Council members requested that Items 3 and 9 be discussed. There were no comments fi.om the audience. A motion was made and passed to approve Items 4 through 12, except for Items 3 and 9, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting April 20, 2004 - Page 2 4.a. MOTION NO. 2004-152 Motion authorizing the City Manager or his designee to execute a Girl Agreement with the Corpus Christi Public Library Foundation to accept a girl of up to $35,000 to purchase an automated library system and provide matching funds for technology grants for the Corpus Christi public libraries. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 4.b. ORDINANCE NO. 025718 Ordinance appropriating $24,500 from the Corpus Christi Public Library Foundation in the No. 1020 General Fund for an automated library system; amending the FY 2004 Operating Budget adopted by Ordinance Number 025394 to increase appropriations by $24,500. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 5.a. MOTION NO. 2004-153 Motion authorizing the City Manager or his designee to execute a Purchase and License Agreement with Dynix Corporation for $129,539 based on sole source to upgrade the existing automated library system. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 5.b. MOTION NO. 2004-154 Motion authorizing the City Manager or his designee to execute a Maintenance Agreement for five years with Dynix Corporation for estimated five year cost of $138,000 for maintenance of the automated library system based on sole source. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.a. RESOLUTION NO. 025719 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District to continue to provide each high school library with access to a shared automated library system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting April 20, 2004 - Page 3 6.b. RESOLUTION NO. 025720 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Calallen Independent School District to continue to provide its high school library with access to a shared automated library system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.c. RESOLUTION NO. 025721 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Flour Bluff Independent School District to continue to provide its high school library with access to a shared automated library system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.d. RESOLUTION NO. 025722 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Tuloso-Midway Independent School District to continue to provide its high school library with access to a shared automated library system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 6.e. RESOLUTION NO. 025723 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the West Oso Independent School District to continue to provide its high school library with access to a shared automated library system. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2004-155 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Urban Engineering, Inc. in the amotmt of $71,625, for a total restated fee of $1,813,398, for the Weber Road 16oinch Diameter Water Line from Aaron Drive to County Road 43 associated with the Southside Water Transmission Main, Phases 2, 2A and 3 Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes o Regular Council Meeting April 20, 2004 - Page 4 8. MOTION NO. 2004-156 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc. in the amount of $886,305, for a total re-stated fee of $911,045, for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase I Project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 10. MOTION NO. 2004-158 Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, of Sandia, Texas in the amount of $66,880 for House Demolition at various sites. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11. MOTION NO. 2004-159 Motion authorizing payment to the City of Port Aransas in the amount of $22,643.72 for beach parking permit collections for 2003 based upon agreement between the City Manager of the City of Corpus Christi and the City Manager of the City of Port Aransas. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 12. ORDINANCE NO. 025724 Amending Section 10-22 of the Code of Ordinances, City of Corpus Christi, regarding terms of dune protection permits and beachfront construction certificates; and providing for penalties. (First Reading 04/13/04) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 3 regarding a Health Department grant. Council Member Kelly asked why the grant was being used to pay fringe benefits for personnel. City Manager Noe replied that the grant was being used to pay for personnel costs, including the costs of retirement and other benefits. Minutes - Regular Council Meeting April 20, 2004 - Page 5 3.a. RESOLUTION NO. 025716 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $62,112 for personnel, fringe benefits, travel, and supplies for an immunization program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 3.b. ORDINANCE NO. 025717 Ordinance appropriating a grant from the Texas Department of Health in the amount of $62,112 for personnel, fringe benefits, travel, and supplies to maintain an immunization program in the No. 1066 Health Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 9 regarding a street resurfacing project on Up River Road. Council Member Kelly asked for clarification on which sections of Up River Road were going to be repaired. City Engineer Angel Escobar replied that this Bond 2000 project entailed a street overlay on Up River Road from 1-37 to Leopard Street. He said before installing the overlay, the city had replaced the water lines from Leopard Street to Nueces Bay Boulevard with a new 24- inch PVC water main. He said a hot mix was being used to complete the patch work and repair work on Up River Road from 1-37 to Leopard, resulting in a complete overlay for the entire road section. From Leopard to Nueces Bay, Mr. Escobar reported that the project only included the repair of the pavement. He said the city would apply a seal coat to the entire road to complete the repairs from I-37 to Leopard Street. Mr. Kelly asked if these repairs would create a smooth road for drivers on the entire street. City Engineer Escobar answered affirmatively. 9. MOTION NO. 2004-157 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the contract with Garver Construction, Ltd., of Houston, Texas in the amount of $148,830.32 for the Bond Issue 2000 Street Resurfacing Project #C-4 on Up River Road (IH 37 to Leopard Street). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 13 regarding the five-year inspection and monitoring program for the Wesley Seale Dam. Mr. Ron Waters, the city's consultant, reported on the results of the 2003 inspection of the dam. He said the dam was performing well, even under the full load being placed on it due to the full lake levels the city has experienced over the past two years. Minutes - Regular Council Meeting April 20, 2004 - Page 6 Dr. Waters recommended a number of maintenance measures to the piezometers and extensometers installed during the rehabilitation and construction project. He said the instrumentation was monitored by remote, and the city had experienced a number of problems with the read-outs. Thus, he proposed repairing some of the instrumentation to ensure accurate readings for future inspections. In addition, Dr. Waters recommended a field investigation to determine if north embankment piezometer F-I at station 8+12, installed when the dam was initially constructed, needed to be replaced. He said the readings over the years were becoming lower than the lake levels, an unusual occurrence. He stated that there was a correlation between the onset of the unusual readings and the installation of a new toe drain collecting system downstream of the embankment. He said staff wanted to investigate the effectiveness of the toe drain as well. Dr. Waters also recommended updating the PMF (probable maximum flood) breach analysis flood inundation study, and Emergency Action Plan for the Wesley Seale Dam. Council Member Colmenero asked what the expected lifespan was for the various instrumentation. Dr. Waters replied that the lifespan for the electronic equipment in the field was approximately 10 years. He said the piezometers, which are read manually, could be expected to last 50 years. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2004-160 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to a contract with Freese and Nichols, Inc. in the amount of $259,750 for engineering services for the third year of a Five-Year Inspection and Monitoring Program at Wesley Seale Dam. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal opened discussion on Item 14 regarding a parking lease agreement with the Port of Corpus Christi for the baseball stadium. City Manager Noe stated that the city intended to assign its interest in the parking lease to Round Rock Baseball, Inc., who will manage the parking lot and receive the revenues on the 90 city days specified in the Contract to Purchase and Lease Port Property and Baseball Stadium lease. He said the city was required to make the leased parking lot available to Round Rock Baseball, Inc. before the bonds can be sold for the actual construction of the baseball stadium. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14.a. MOTION NO. Motion authorizing the City Manager to execute a parking lease with the Port of Corpus Christi Authority for the Baseball Stadium. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting April 20, 2004 - Page 7 14.b. MOTIONNO. 2004-162 Motion authorizing the City Manager to assign the parking lease with the Port of Corpus Christi Authority for the Baseball Stadium to Round Rock Baseball, Inc. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal deviated from the agenda and opened discussion on Item 16 regarding the Mustang-Padre Island Area Development Plan. City Manager Noe stated that the plan had been approved on its first reading in December 2003, but the Council had requested that staff provide additional opportunities for public input, including representatives from Asset Development. He asked Ms. Barbara Bailey, Director of Development Services, to brief the Council on a number of proposed amendments to the plan. Ms. Bailey briefly reviewed the planning process used for the plan. She stated that staffhad held a number of meetings with the Island Planning Ad Hoc committee, island residents, and with the major landowner in the area, Asset Development Corporation, per the Council's directive at the first reading on December 9, 2003. She said staffhad incorporated a number of suggestions into the plan when appropriate, resulting in a better plan. Ms. Bailey briefly discussed the proposed changes for land use as follows: emphasize high- .quality, tourist oriented development; "coastal theme" for new development on the major roadways; ~mprove public aesthetics with landscaping, street lighting; better biking and landscaping; underground utilities; prohibit industrial uses; and restrict RV parks. She said the restrictions on industrial uses and RV parks would have to be discussed with the state. Ms. Bailey stated that the land use map reflected the higher standards in two new main categories: mixed-use residential and mixed-use tourist. She said there were also locations of boat ramps and marinas reflecting the island. She also mentioned a proposed expanded canal system in Padre Isles that would create a water exchange between Lake Padre and Padre Isles, with a bridge over SPID. Ms. Bailey said an Economic Development section was added in response to resident input. She said the plan included a number of capital improvements, including the aforementioned bridge over the proposed canal, bath houses, beach parking and public boat ramps. She said funding sources for these projects have not been identified at this time, but possible sources include Public Improvement Districts, grants, and bond issues. Ms. Bailey reviewed the proposed plan implementation process, noting that it was modeled after the South Central Development Plan. She stated that the plan included the creation of an Island Strategic Action Committee as a mechanism to keep island residents involved in the process at their request. In conclusion, Ms. Bailey said that staffhad met the requirements of the Council to obtain public input and support for this plan. She said staffwas recommending Council approval after the Minutes - Regular Council Meeting April 20, 2004 - Page 8 public hearing. Council Member Chesney complimented City Manager Noe and staff for their efforts to obtain public input and support for the plan. He asked if there were any citizen recommendations that were not included in the plan. Ms. Bailey replied that there were a number of suggestions for day-to-day operations, such as more beach cleaning and more staff, which were inappropriate for inclusion in the long-range plan. City Manager Noe added that staffmet with the group providing the feedback to inform them how they their concerns were addressed in the plan, and which concerns were not addressed in the plan and why. Mr. Kinnison asked if there were an existing properties on the island that were zoned for industrial use. Mr. Michael Gunning, Assistant Director of Development Services, answered negatively. Mr. Kinnison also asked for clarification on the statement under the Economic Development section of the plan which stated that capital improvements were a priority for the Tax Increment Financing (TIF) District. Ms. Bailey replied that she believed the statement intended to say that if capital improvements are made in the TIF, they would create more tax revenue for the district, achieving a "better bang for the buck". Mr. Kinnison stated that the first and foremost priority for the TIF should be to fund existing projects so it could be paid off as quickly as possible. City Manager Noe added that there were legal commitments with those funds that would preempt any other commitments for the funds. Ms. Cooper asked how the proposed canal with bridge over SPID would be funded. Ms. Bailey replied that the Asset Development Corporation was required to provide the canal as part of the Packery Channel project. She said if the bridge was added as an extra amenity, then the funding was unclear. She noted, however, that the bridge construction was included in the Bond 2004 plan for funding, at a total cost of $1.4 million. Mayor Neal asked for public comment. Mr. Richard Smith, 13849 Doubloon, spoke in appreciation of city staffs efforts to obtain public input. He endorsed the proposed plan, especially noting the inclusion of language that enabled the future implementation of an overlay zone. Mr. Jimmy B. Johnston, Padre Island resident, spoke regarding the importance of the proposed canal to maintain a water exchange for proper sanitation, and his concerns about a number of undeveloped lots without utilities on SPID. Mr. Bill Fennell, Padre Island real estate developer, thanked staff for their efforts in obtaining public input, and he also spoke in support of the proposed plan. Council Member Scott thanked Mayor Neal for agreeing to a delay of the second reading of the plan in order to obtain more public input. He also thanked the islanders, especially those serving on the ad hoc committee, for their efforts, saying that the plan was much better now than it was five months ago. Finally, he thanked staff for their efforts, especially Ms. Bailey. He also spoke in support of the proposed canal with a bridge, and he said he was in favor of making it a much higher priority in the Bond 2004 package. Regarding the undeveloped lots previously mentioned by Mr. Johnston, he asked Mr. Noe if a joint venture between the city and the property owners might be appropriate where the city would contribute to the capital costs, similar to what the city did in Rodd Field Village. City Manager Noe noted that there were a number of fundamental differences between the Rodd Field Village project and the Padre Island lots that merited a close review. He said staff could schedule this item for discussion at a later date. Minutes - Regular Council Meeting April 20, 2004 - Page 9 Council Member Colmenero spoke in support of the plan, citing its high standards for aesthetics, architectural controls, and quality development. He thanked all parties involved for their efforts. City Secretary Chapa polled the Council for their votes as follows: 16.a. MOTION NO. 2004-165 Motion to amend prior to Second Reading by creating new sections for Economic Development, Plan Implementation; deleting the Dune Protection section and combining Dune Protection with the Environmental section; deleting the Beach Access section and combing Beach Access with the Transportation section; deleting the Packery Channel section and combining Packery Channel with the new Economic Development Section; adding additional figures; modifying the future land use and transportation figures and other general wording changes throughout the plan to incorporate public comment. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 16.b. ORDINANCE NO. 025725 Amending the Comprehensive Plan of the City of Corpus Christi ("The City") by adopting the Mustang-Padre Island Area Development Plan; defining the City's Comprehensive Plan Policies on Mustang and Padre Island for protection of the environment, future land use, transportation, economic development, public services, capital improvements, and implementation. (First Reading - 11/18/03) The foregoing ordinance was passed and approved on its second reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 15, and he announced that the Council would go into executive session under Texas Government Code Section 551.107.1 regarding the City's proposed Detention and Magistration Center, including possible related litigation with possible discussion and action in open session. The Council went into executive session. The Council retumed from executive session and the following motions were passed with the following vote: 15.a. MOTIONNO. 2004-163 Motion authorizing the City Manager or his designee to execute a lease agreement with Wilson Plaza Associates, L.P. for a seven year term, beginning at $44,172 per year and providing for an annual adjustment for 3,681 net rentable square feet from September 1, 2004 through August 31,2011 for the City Detention and Magistration Center. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, and Scott, voting "Aye"; Kinnison and Noyola, voting "No"; Kelly was absent. Minutes - Regular Council Meeting April 20, 2004 - Page 10 15.b. MOTIONNO. 2004-164 Motion authorizing the City Manager or his designee to execute a building construction agreement with Wilson Plaza Associates, L.P., of Corpus Christi, Texas, in the amount of $295,000 for the construction ora new City Detention and Magistration Center to be located at Wilson Plaza, Suite #113-A. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, and Scott, voting "Aye"; Kinnison and Noyola, voting "No"; Kelly was absent. 19. Mayor Neal announced the executive session, which was listed on the agenda as follows: Executive session under Texas Government Code Section 551.087 for deliberations relating to an offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session, and Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his request that the Council place a discussion on Proposition 13 on the agenda, and a problem involving his grandson and the Police Department. Mayor Neal called for a brief recess. The Council returned from recess, and Mayor Neal referred to the presentation on the day's agenda regarding the Preliminary Bond 2004 Program. City Manager Noe stated that staff had provided alternative packages for the Council's review and discussion, starting at $70 million (no property tax increase). City Engineer Escobar referred to a summary sheet listing the five Bond 2004 staff- developed package proposals and the proposed projects for streets, public health and safety, public facilities, Park and Recreation, and other miscellaneous projects (see Attachment A, included as part of these minutes). Regarding the proposed street projects, Mr. Escobar explained that staff determined which projects to recommend through several methods, including traffic volume surveys, road condition, accident and fatality rates, and MPO time travel delay surveys. He noted that a number of street projects were designated as "city wide" projects because they addressed problems throughout the area, e.g. ADA improvements and street lighting projects. Minutes - Regular Council Meeting April 20, 2004 - Page 11 Mr. Escobar reviewed each of the 22 proposed street projects (see Attachment A). He noted that staffs package proposals provided estimates with and without utilities. He said the first fourteen projects were included in all the proposed packages, but Project Nos. 15 through 22 were only included in select bond packages. He highlighted Project No. 10, the Neighborhood Street Reconstruction project, which would provide for the improvements to curb and gutter, sidewalks, driveways, and underground utilities. He said staff used a Paving Condition Index to determine which neighborhood streets were in the poorest condition. He said a neighborhood street with a score of 3 to 55 on the index was considered to be in need of work. Council Member Chesney and Council Member Noyola asked Mr. Escobar to provide a detailed list of the streets with their scores for the Council's review. Mr. Escobar noted that stafftfied to choose areas where most of the streets in a particular neighborhood needed attention, because it was more cost-effective to bid the work this way. Mr. Escobar also reviewed the three proposed Public Health & Safety projects (Project Nos. 23-25). He highlighted Project No. 26, a Deferred Building Maintenance fund, to provide for needed maintenance to City-owned buildings which do not have a separate funding source for overdue repairs to roofs, HVAC, and other areas. He said staffwould like to include a maintenance fund in all bond issues if they were to continue. He also reviewed the four proposed Public Facilities projects (Project Nos. 26-29), the three proposed Park and Recreation projects (Projects 30-33), and a number of other miscellaneous projects (Project Nos. 34-40). Mr. Garrett asked about Project No. 8, a street improvement project for Waldron Road from Purdue to Glen Oak and Mediterranean. He thought there had been recent repairs made to this road. Mr. Escobar replied that the portion from S.P.I.D. to Purdue had been worked on recently. He said, however, that the portion from Purdue to Glen Oak and Mediterranean, in front of the new library and schools, had deteriorated and was in need of repair. Mayor Neal noted that this Bond 2004 discussion would be continued in detail during the Council Retreat in May. He asked Assistant City Manager Mark McDaniel what the utility rate costs would be for Package B and Package D. Mr. McDaniel answered that the utility rate cost for Package B was an additional two percent over the five percent calculated in the utility rate model for next year, totaling approximately $20,001,200. He said staff recommended layering the two percent increase over a two-year period within the four-year bond program. For Package D, Mr. McDaniel said the utility rate cost would be an additional three percent, layered over three years, at a total cost of $30,130,000. Mayor Neal pointed out that Package D also called for a three cent increase in the ad valorem tax rate. Mayor Neal stated that the priority list for these projects was not final. He said if the Council were to approach the Bond 2004 discussion like the CDBG process, they could raise the priority of some projects over others if a case could be made. He also said the Council could discuss their projects not on the list ifa council member felt they were important to their district. In addition, Mayor Neal said the Council could choose a number between $70 to $100 million, keeping in mind that each $10 million increment was equivalent to 1 cent on the ad valorem tax rate. He asked the Council to begin setting their priorities now in preparation for the more thorough Bond 2004 discussion during the council retreat. He thanked staff for their excellent work in providing the Council with the alternative scenarios they had requested. Minutes - Regular Council Meeting April 20, 2004 - Page 12 Council Member Kelly stated that a number of streets in his district, namely Buddy Lawrence and Antelope, were not included in the proposed list of projects. He asked if this was because staffhad identified alternate funding sources. Mr. Escobar answered negatively, saying the streets still needed improvements. Regarding Project No. 13, Traffic Congestion Management, Mr. Kelly asked how staff was going to prioritize the streets to be included in this project. Mr. Escobar replied that staffhad compiled a list of candidate streets for the project, determined on the basis of a traffic count and time travel delay analysis. He said many of the candidate streets had progressive left-mm delays that needed to be addressed. Mr. Kelly asked if streets that were eligible for TxDOT funds, such as F.M. 624, could be included. Mr. Escobar answered affirmatively, saying that the city would need TxDOT's permission to complete the project assuming 100 percent of the cost. Mr. Kelly also asked for the status of funding for C.R. 52. Mr. Escobar replied that the county did not include C.R. 52 in their present budget or in their $93 million bond issue. Mr. Kelly asked what portion of the proposed MPO-funded portion of the road was within city limits. Mr. Escobar replied that none of the MPO-funded portion was within city limits. Council Member Noyola stated that the fire fighters had hoped to see an allocation for a new pumper truck on the proposed Bond 2004 project list. Regarding Project No. 24, ADA Co-Ed Fire Stations, he asked how many stations needed ADA improvements. Mr. Escobar replied that eight out of sixteen fire stations needed ADA improvements. Mr. Noyola said he was disappointed that none of the proposed street projects in his district were included in Package A, which did not require a tax increase. He said staff seemed to favor street projects on the south side of town, Districts 4 and 5, over all other districts when creating the packages. He had hoped to see more a more equal distribution of projects among the districts. He said he didn't think he could gain support from his district for tax and/or utility rate increases unless his district benefitted in some way. Mr. Scott asked how Proposition 13 could impact staffs bond package proposal cost estimates. Mr. McDaniel replied that Proposition 13 would have less of an impact in the early years than in later years. Without issuing debt for any projects, Mr. McDaniel said Proposition 13 would have an impact of one-quarter of a percent on the tax rate in Year 1, increasing to two and three quarter cents in Year 10. City Manager Noe added that the impact of Proposition 13 may not be felt in this bond issue; rather, it could affect bond issues four years from now and in the future. Mr. Scott asked about the impact of the Governor's proposed tax cap. Mr. McDaniel answered that if the tax cap had been applied over the last ten years, then the impact would be approximately $22 million in the city's tax levy. City Manager Noe said staff would work on projections of the impact of Proposition 13 and the Governor's cap for the Council's review at the retreat. Mr. Scott asked if it would be possible to complete Project No. 4, Doddridge Street from Ocean Drive to Staples, in two phases, then including only the first phase in the bond package. Mr. Escobar said he would look into it. Mr. Scott suggested that breaking up other projects may be a way to stretch the bond dollars out. Mr. Scott asked about the cost estimates for the Bayfront Plan, Project Nos. 37 and 38. Mr. Escobar said they were preliminary cost estimates only, and the final estimate fi.om the consultants would not be ready until June. Minutes - Regular Council Meeting April 20, 2004 - Page 13 Finally, Mr. Scott said he would like to see Project No. 20, the Park Road 22 bridge, included in Package A or B. He said it would provide many benefits to the area, and it would pay for itself by accelerating the appreciation of property values in the area. Council Member Kinnison asked when the option to acquire the land for Project No. 23, the Police/Fire Training Facility would expire. City Manager Noe replied that it would expire in two years. Mr. Kinnison asked if the option could be extended. City Manager Noe replied affirmatively, although probably only for a year or two at most. Mr. Kinnison also asked how Project No. 39, the Corps of Engineers existing building and land acquisition, was intended to be used. City Manager Noe replied that it was uncertain at this time, but the Port had expressed an interest in the property. He said the consensus seemed to be that it should be used as public space, but the question was how to use it. Finally, Mr. Kinnison asked if it would be possible to give the voters a choice between two packages, one basic package with no tax increases and one enhanced package with tax increases. City Manager Noe replied that bond counsel said it could be done, although it would be slightly complicated. Mayor Neal recessed the regular Council meeting, and a motion was made, seconded and passed to open the public hearing on the proposed FY 2004 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. Assistant City Manager Margie Rose provided a brief presentation on how the proposed plan and its recommendations were derived up to this point. As part of the citizen participation process, Ms. Rose said that Neighborhood Services department staff made two citywide presentations to advise the public of the available funding. She said neighborhood meetings were held at the Boys and Girls Club and Oveal Williams Senior Center, and upon request by other agencies. She said Neighborhood Services then scheduled two public hearings, one with the Planning Commission and one with the City Council. Ms. Rose briefly described each of the three programs in the Consolidated Annual Action Plan - the CDBG, HOME and ESG programs. Beginning with the CDBG program, Ms. Rose reported that since 1975, the city has received $141 million from this program, including $11.8 million in program income. She said the CDBG program provided funds for projects that improved and enhanced the quality of life for citizens with low and moderate income, and for individuals residing in designated low income areas in the city. Mr. Rose reported that since 1992, the city has received $20 million in HOME program funds to help increase and improve affordable housing opportunities. She said the HOME program provides funds for rentals; home ownership subsidy programs; rehabilitation; and reconstruction. Finally, Ms. Rose stated that since 1987, the city has received more than $1.92 million in ESG funds. She said the ESG program provided funds for homeless providers; rehabilitation; counseling; training; essential services; and homeless prevention activities. Minutes - Regular Council Meeting April 20, 2004 - Page 14 Ms. Rose provided the funding levels for the FY 2004-05 Annual Action Plan. She said the total action plan allocation was $6,107,456, comprised of the following amounts: $4,105,000 for CDBG program; $1,848,127 for the HOME program; and $154,329 for the ESG program. She said there was additional funding available from program income of $800,000 from loans provided during previous CDBG years. In addition, she said $547,567 ofCDBG reprogrammed funds was also available. Thus, Ms. Rose said the total funds available for the FY 04 CDBG program was $5,452,567. Ms. Rose pointed out that there were several reductions in the allocations compared to FY 03. In the CDBG program, there was a decrease of$114,000 or 2.7 percent. The HOME program saw a decrease of $14,435, or 0.8 percent. Finally, the ESG program allocation was decreased by $15,671, or 9 percent. Ms. Rose briefly reviewed each of staffs recommendations for the FY 2004 Annual Action Plan. Mayor Neal explained to the audience that he would ask for public comment on each line item to allow agencies that were not funded or funded below their requested amounts an opportunity to respond. He said representatives from agencies that did receive funding could speak if they wished, but it was not necessary. He said the Council was using the projects and funding amounts recommended by staff as a baseline for their discussion. Mayor Neal read the list of projects in the recommended FY 2004 CDBG program, reading the amounts recommended by the Planning Commission and the amounts recommended by staff. He asked for public comment. Ms. Beverly Winters asked the Council to consider funding Project No. 49, the South Texas Informer Education Project. Mr. Robert McCarty, 356 Merrill Drive, asked the Council to consider funding Project No. 46, the Metropolitan Community Church of Corpus Christi. Ms. Sita Stone, 338 Sunset, spoke regarding Project No. 50, Texas RioGrande Legal Aid, and asked the Council to consider funding this project. A discussion ensued over whether the city needed this service. Mayor Neal reviewed the list of projects recommended for funding through the FY 2004 ESG Program, reading the amount recommended by staff and the amount recommended by the Planning Commission. There were no comments from the Council or the public. Mayor Neal reviewed the list of projects recommended for funding through the FY 2004 HOME program. There were no comments from the Council or the public. Ms. Cooper made a motion to amend the recommended FY 2004 Consolidated Annual Action Plan by moving $52,213.50 from Project No. 4, CDBG Program Administration, reducing their allocation to $513,786.50; and adding the $52,213.50 to Project No. 26, Senior Center Improvements, increasing their allocation to $215,806.50. Mr. Chesney seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". The motion passed. Ms. Cooper made a motion to amend the recommended FY 2004 Consolidated Annual Action Plan by moving $52,357 from Project No. 25, Rehabilitation Services, reducing their allocation of $625,000; and then moving the $52,357 to Project No. 24, Re-Development Specialist, fulling funding it at that level. Mr. Colmenero seconded the motion. City Secretary Chapa polled Minutes - Regular Council Meeting April 20, 2004 - Page 15 the Council for their votes as follows: Neal, Colmenero, Cooper, Garrett, Kelly, and Kinnison, voting "Aye"; Chesney, Noyola and Scott, voting "No". The motion passed. Mr. Scott made a motion to amend the recommended FY 2004 Consolidated Annual Action Plan by moving $50,000 from Project No. 25, Rehabilitation Services, and reallocating $50,000 to Project No. 50, Texas RioGrande Legal Aid. Mr. Chesney seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Neal and Kinnison, voting "No". The motion passed. Mr. Kelly made a motion to amend the recommended FY 2004 Consolidated Annual Action Plan by moving $22,000 from Project No. 27, Single Family Rehabilitation and Reconstruction Loan Program, and reallocating $22,000 to Project No. 42, the Corpus Christi Police Athletic League. Ms. Cooper seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mr. Noyola made a motion to amend the recommended FY 2004 Consolidated Annual Action Plan by further reducing Project No. 27, Single Family Rehabilitation and Reconstruction Loan Program, by $25,000, and reallocating $25,000 to Project No. 34, West Oso Tennis Courts. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". A motion was made, seconded and passed to close the public hearing. Mr. Colmenero made a motion to approve the FY 2004 Consolidated Annual Action Plan, as proposed by staff and as amended by the preceding motions. Mr. Chesney seconded the motion. City Secretary Chapa polled the Council for their votes as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". The motion passed as amended. Mayor Pro Tem Kinnison called for the City Manager's report. City Manager Noe reported that the South Staples Street was open, and pending a number of minor repairs, was completed six weeks ahead of schedule. City Manager Noe announced that today was the effective date of the new littering ordinances. He said a press conference would be held later this week to discuss anti- littering measures and crowd-control measures for the Buc Days Parade. He said the following items would be included on the April 20 council meeting agenda: the adoption of the FY 2004 Consolidated Annual Action Plan; presentation on the five-year forecast; the R.T.A. trolley project; and consideration of the vacant building ordinance and the tax abatement policy. Mayor Pro Tem Kinnison called for Council concerns and reports. Mr. Scott spoke regarding a constituent letter about an increase in crime in the South Shores area. City Manager Noe said he had responded to the letter, and staff would follow-up with a neighborhood meeting with the Police department. Mr. Kelly thanked the Council and staff for their patience during his campaign for county commissioner. He thanked all his supporters, and he said he appreciated their good wishes and condolences at the end of the race. Minutes - Regular Council Meeting April 20, 2004 - Page 16 There being no further business to come before the Council, Mayor Pro Tem Kinnison adjourned the Council meeting at 4:07 p.m. on April 20, 2004. BOND 2004 Staff-Developed ~Package Proposals April 20, 20 PACKAGE A PACKAGE B PACKAGE C PACKAGE D PACKAGE ATTACHMENT "A" $70M $70M ' $100M $100M $130M w/utilities wolutilltles w/utilities wolutilltles wlutllitle~ STREETS: 1. ADA Improvements 4,000,000 4,000,000 _ 4,000,000 4,000,000 4,000,0( 2. Cimarron Blvd, Ph. I - Saratoga to Yorktown 9,604,000 6,440,000 9,604,000 6,440,000 9,604,0( 3. Cimarron Blvd, Ph. 2 - Yorktown to Bison (Mireles) 3,444,000 2,372,000 3,444,000 2,372,000 3,444,0( 4. Dodddd~e Street - Ocean Drive to Staples 5,503,000 3,495,000 5,503,000 3,495,000 5,503,0( 5. Everhart Road, Ph. I - Saratoga to Cedar Pass 6,216,000 4,497,000 6,216,000 4,497,000 6,216,0( 6. North Port Ave - IH 37 to US 181 ** 5,354,000 1,604,000 5,354,000 1,604,000 5,354,0( 7. Up River Road - Rand Morgan to McKenzie 9,516,000 4,465,000 9,516,000 4,465,000 9,516,0( 8. Waldron Road - Purdue to Glen O~ak & Mediterranean 5,~712,000 .~2,474,000 5,712,000 2,474,000 5,712,0( 9. Future TxDOT Participation_ ...... 500,000 500,000 500,000 500,000 500,0( 10. Neighborhood Streets 8,126,000 13,297.O00 __9,992,000 15,125,000 10,933,0( 11. StreetLightin~_ 800,000 800,000 __800,000 800,000 800,0( 125 _Street Oveda~ys 4,200,000 4,200,000; 4,200,000 4,200,000 4,200,0( 13. Traffic Congestion Management ...... 3,500,000 3,500,000: 3,500,000 3,500,000 3,500,0( 14. Tra_ffic Signals (Ten New & Ten Upgrades) _2,~130,000 . 2_,_t3~0,000 2,130,000 2,130,000 2,130,0( 15~- Cliff Maus, Ph. 2 - Brownsville Rd to Bear Lane .... 803,000~ __ 2,037,000 803,000 2,037,0( 16. Cliff Maus, Ph. 3 - SPID to Rockford Ddve 1,058,000 1,970,000 t ,058,000 1,970,0( 17~. Wooldrld~g_e Road - Airline Road to Rodd Field 3,239,000 6,188,000 3,239,000 6,188,0( 18. Wooldridge Road - Staples Street to Airline Road ~ 4,373,000 7,925,000 4,373,000 7,925,0( 1~ Developer Participation. _._5_00,000 500,000 500,000 500,0( 20. Park Road 22 Bddge (Cost Estimated) _ _ 1,~400,000 1,400.000 1,400,0( ;21~. Debra Street - Jamaica Ext. to Hustiin Hornet 2,681,000 4,162,0( :)2~. Laguna Shores Road - Graham to 'Hustlin Hornet 3,412,0( Sub-Total Street Packages: 68,605,000 63,747,000 90,49t,000 69,656,000 99,006,0( PUBLIC HEALTH & SAFETY: :~3~ Police / Fire Training Facility Ph. 2 - Land Acq. 895,000 895,000 895,000 895,000 895,0( 24-~ ADA Co-Ed Fire Stations ~0,000 __ 400,000 400,000 400,0( 25~. Police Impound Yard Pavi~ng 758,000 758,000 758,000 758,0( Sub-Total Public Health & Safety Packages: 895,000 2,053,000 2,053,000 2,053,000 2,053,0( PUBLIC FACILITIES: 26. Deferred Building Maintenance (Roofs, etc.) 500,~)00 500,000 _ 1,000,000 2,000,000 2,000,0( 27. NW Library Expansion 2,00_0~_000 2,000,000 2,000,000 2,000,0( 28. New Southside Library (Does not include land) · 3,500,000 3,500,0( 29. Museum Fire Suppression, Ph. 2 160,000 160,0( Sub-Total Public Facility Packages: 500,000 2,500,000 3,000,000 7,660,000 7,660.0( PARK & RECREATION: 30~ Sports Field Improvements - -- -1,000,000 1,0-(~0,000 .2,250,000 2,250,0( 31. Golf Course Improvements (Existing C-0ur~e_s) - ~ _ ..... 2,~756,000 2,756,000 2,756,0( 32. Renovate Senior & Rec Centers 1,300,000 1,300,0( 33~ iEB Tennis Center 500,000 500,0< Sub-Total Park & Recreation Packages: 1,000,000 3,756,000 6,806,000 6,806,01 OTHER: 34~ Downtown Redevelopment Padicipation 250,000 250,000 _ 250,000 250,0( 35~ NAS Acuz Land Acquisition & Road Realig_nment - 350,000 350,000 1,175,000 1,175,0( 100,000 1-0~,000 100,000 100,0( 36 North Beach Area improvements 37~..Ba~nt Development Plan, Nodhside of IH 37 . _ __ 5,000,000 5,000,0( 38. Bayfront Development Plan, Southside of IH _3.7 5,000,000 5,000,0( 39. COE Existing Building and Land Acquisition ......... 2,300,000 2,300,0( 40. Padre Island Aesthetic Development Participation 650,0( Sub-Total Other Project Packages: 700,000 700,000 13,825,000 14,475,01 TOTAL PACKAGE PRICE: 70,000,000 70,000,000 100,000,000 100,000,000 130,000,0( ** Price is for utilities and TxDOT 20% matc_h only Utility Cost for Package B Is ~20.001.200 Utlllb/Cost for Packable D Is ~30,130,000 2 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the pumhase of traffic signal equipment from the following companies for the following amounts, in accordance with Bid Invitation No. BI-0069-04, based on only bid, low bid, and low bid meeting specifications for a total of $270,814. Funds have been budgeted by the Street Department in FY03-04. Texas Highway Round Rock, Texas Item No.: 1, 2 $56,088 Paradigm Traffic Fort Worth, Texas Item No.:3, 4, 5, 6, 8 & 10 $125,246 ControlTechnologies Inc. Naztec Inc. Tomball, Texas Sugarland, Texas Item No.: 7, 11, 12 & 13 Item No.: 9 $29,350 $60,130 Grand Total: $270,814 ****************************************************************************** BACKGROUND: Purpose: The traffic signal equipment will be used by the Street Department to monitor and control traffic signals at signalized intersections. Bid Invitations Issued: Thirteen Bids Received: Eight Pricing Analysis: Pricing has decreased approximately 10% since the last purchase of like items. Award Basis: Only Bid - Item 1, 2, 3 & 4 These items will be installed in existing traffic control monitoring systems. As such, specific manufacturer types were specified which are compatible with those systems. Texas Highway Products LTD, Sugarland, Texas and Paradigm Traffic, Fort Worth, Texas are the sole source providers for the respective manufacturers. Low Bid - Items 5-7, 9-13 Full Pro, Low Bid Meeting Specifications - Item 8- The video detection system submitted by Computer Traffic Systems, San Leon, Texas does not meet specification requirements regarding the mounting rack. i~~ Street Department 520130-1020-12310 ael Barre}~(C.P.M. ~ment ~' General Services Manager $270,814 BID INVITATION NO. BI -0069-04 TRAFFIC SIGNAL CONTROLLERS BUYER: GABRIEL MALDONADO DATE: MARCH 03, 2004 ITEM CITY 1 Eagle M50 TS Type 2 2 Eagle Master Traffic Controller 3 Econolite ASC/2 TS 2 Type 2 4 Econolite ASC/2 Master Traffic 5 UPS Battery Back 6 MMU -Malfunction Manangement 7 Video Detection Camera 8 Video Detection System 9 NEMA TS2 Controller 10 3 Section Polycarbonate 11 5 Section Polycarbonate 12 3 Section Aluminum Traffic Signal 13 5 Section Aluminum Traffic Signal TOTAL AWARDS 10 each 5 each 10 each 5 each 6 each 14 each 10 each 8 each 14 each 20 each 10 each 20 each 10 each CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION S HIGHWAY PARADIGM TRAFFIC )UCTS LTD SYSTEMS JD ROCK, TEXAS FT. WORTH, TEXAS PRICE TOTAL PRICE UNIT PRICE TOTAL F $2,475.00 $24,750.00 3,810.00 19,050.00 3,280.00 NO BID 4,290.00 NO BID 2,048.00 12,288.00 540.00 7,560.00 1,275.00 12,750.00 7,500.00 60,000.00 5,333.00 74,662.00 360.00 7,200.00 582.00 5,820.00 410.00 8,200.00 635.00 6,350.00 $56,088.00 GRAND TOTAL AWARD $270,814.00 $125,246.00 CONTROL TECHNOLOGIES INC. NAZTEC INC. TOMBALL, TEXAS SUGAR LAND, TEXAS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE NO BID NO BID 3,280.00 32,800.00 4,290.00 21,450.00 2,290.00 13,740.00 494.00 6,916.00 1,025.00 NO BID 7,140.00 57,120.00 5,390.00 75,460.00 348.00 6,960.00 572.00 5,720.00 438.00 8,760.00 670.00 6,700.00 $125,246.00 CONTROL TECHNOLOGIES INC. NAZTEC INC. TOMBALL, TEXAS SUGAR LAND, TEXAS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE $29,350.00 NO BID NO BID NO BID NO BID NO BID 650.00 NO BID 1,025.00 10,250.00 8,825.00 70,600.00 8,000.00 112,000.00 365.00 7,300.00 555.00 5,550.00 375.00 7,500.00 605.00 6,050.00 $29,350.00 $60,130.00 PAGE 1 OF 2 NO BID NO BID NO BID NO BID NO BID 650.00 9,100.00 NO BID NO BID 4,295.00 60,130.00 625.00 12,500.00 950.00 9,500.00 750.00 15,000.00 1,200.00 12,000.00 $60,130.00 PAGE 1 OF 2 BID INVITATION NO. BI -0069-04 CITY OF CORPUS CHRISTI PAGE 2 OF 2 TRAFFIC SIGNAL CONTROLLERS PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION DATE: MARCH 03, 2004 ITEM DESCRIPTION QTY UNIT TRAFFIC PARTS SPRING, TEXAS UNIT PRICE TOTAL PRICE COMPUTER TRAFFIC SYSTEMS SAN LEON, TEXAS UNIT PRICE TOTAL PRICE CONSOLIDATED TRAFFIC CONTROLS, INC. ARLINGTON, TEXAS UNIT PRICE TOTAL PRICE 1 Eagle M50 TS Type 2 10 each NO BID NO BID NO BID 2 Eagle Master Traffic Controller 5 each NO BID NO BID NO BID 3 Econolite ASC/2 TS 2 Type 2 10 each NO BID NO BID NO BID 4 Econolite ASC/2 Master Traffic 5 each NO BID NO BID NO BID 5 UPS Battery Back 6 each NO BID NO BID 3,896.00 23,376.00 6 MMU -Malfunction Manangement 14 each 743.75 10,412.50 499.00 6,986.00 1,400.00 19,600.00 7 Video Detection Camera 10 each NO BID 1,350.00 13,500.00 NO BID 8 Video Detection System 8 each NO BID 7,000.00 l*) 56,000.00 NO BID 9 NEMA TS2 Controller 14 each NO BID 5,800.00 81,200.00 9,680.00 135,520.00 10 3 Section Polycarbonate 20 each 351.68 7,033.60 485.00 9,700.00 643.00 12,860.00 11 5 Section Polycarbonate 10 each 571.17 5,711.70 795.00 7,950.00 948.00 9,480.00 12 3 Section Aluminum Traffic Signal 20 each 404.38 8,087.60 485.00 9,700.00 628.00 12,560.00 13 5 Section Aluminum Traffic Signal 10 each 654.83 6,548.30 795.00 7,950.00 947.00 9,470.00 (*) The video detection system submitted by Computer Traffic Systems, San Leon, Texas does not meet specification requirements regarding the mounting racks. 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Ennis Paint Inc., Ennis, Texas for approximately 21,250 gallons of pavement marking paint in accordance with Bid Invitation No. BI-0078-04 based on low bid for an estimated annual expenditure of $96,489.25. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services in FY 03-04. BACKGROUND: Pu~ose: Previous Contract: Bid Invitations issued: Bids Received: Price Analysis: Award Basis: The pavement marking paint will be used by Street Services to mark City streets. The option to extend the current contract was not exercised due to the vendor's inability to maintain current pricing. Nine Four When compared to the previous contract of March 2003, pricing has remained stable. Low Bid Fundir Organization Name Street Services Procurement and General Services Manager 520130-1020-12320 Amount $96,489.25 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 3/29/2004 BID INVITATION NO. 13I-0078-04 PAVEMENT MARKING PAINT BUYER: MARIA GARZA Item Description Qty Unit Ennis Paint Inc. Ennis, Texas Unit TOTAL Price PRICE RoadRunner Traffic Supply, Inc. Fort Worth, Texas Unit Total Price Price Trantex Houston, Texas Unit Total Price Price ICI Dulux Paints Corpus Christi, Texas Unit Total Price Price 1 Yellow Paint in 55 Cal. Lined 11,000 GAL. $4.558 $50,138.00 $5.56 $61,160.00 $6.98 $76,780.00 No Bid Containers 2 White Paint in 55 Gal. Lined 8,250 GAL. 4.405 36,341.25 5.41 44,632.50 6.79 56,017.50 No Bid containers 3 White Paint in 5 Gal. Pails 27000 GAL. 5.005 10,010.00 6.01 12,020.00 7.23 14,460.00 5.15 11,980.00 TOTAL 596,489.25 $117,812.50 $147,257.50 $11,980.00 (Incomplete) 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with JG & T Janitorial, Cypress, Texas for custodial service for the Frost Building in accordance with Bid Invitation No. BI-0059- 04, based on low bid for an estimated annual expenditure of $45,600, of which $11,400 is for FY 03-04. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Building Maintenance in FY 03/04. Purpose: Previous Contract: Bid Invitation Issued: Bids Received: Award Basis: Funding: The custodial service will be performed at the Frost Building located at 2602 Leopard Street. This service will provide two full-time day custodians that will work Monday through Friday from 8:00 a.m. to 4:30 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. through 11:00 p.m. The contract will be serviced through the vendor's local facility located in Robstown, Texas. The vendor currently does business in the Houston, Austin and San Antonio market and is expanding services to the coastal bend region. Reference checks made on the vendor's performance indicated satisfactory service. The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Twenty-eight Four Low Bid Building Maintenance 530210-5110-40305 $45,600.00 Mich f l~a, rrera, C.] Procurement and Geff :ral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Buyer: Maria Garza 3/15~2004 BID INVITATION NO. B1-0059-04 CUSTODIAL SERVICE FOR FROST BUILDING VENDOR QTY UNIT UNIT PRICE TOTAL PRICE JG & T Janitorial Services Cypress, Texas Platinum Janitorial Services Corpus Christi, Texas One Source Facility Services, Inc. Corpus Christi, Texas Member's Building Maintenance, LTD Carrollton, Texas 12 12 12 12 Mo. $3,800.00 Mo. $4,998.86 Mo. $5,417.00 Mo. $5,710.47 $59,986.32 $65,004.00 $68,525.64 5 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of airport holdroom furniture from Yochem's Business Interiors, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0074-04 based on low bid for a total amount of $37,856.30. The holdroom furniture will be installed at the airport. Funds are available through the Series 2000A of the Airport Bond. Purpose: The holdroom furniture consists primarily of end tables that will be incorporated into the existing seating at the concourse of the airport. Additional seating will also be installed at various areas throughout the airport. Bid Invitations issued: Eight Bids Received: Two Award Basis: Low Bid Funding: Michael Ba"rrera, C P ~ Procurement & General Series 2000A of the Airport Bond 550720-3024-00000-100998 ervices Manager $37,856.30 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 04/27/04 BID INVITATION NO.: BI-0074-04 AIRPORT HOLDING ROOM FURNITURE BUYER: MICHAEL BARRERA YOCHEM'S BUSINESS INTERIORS CORPUS CHRISTI, TX CORPORATE EXPRESS CORPUS CHRISTI, TX ITEM DESCRIPTION QTY UNIT AIRPORT HOLDROOM SEATING: I Three (3) seat unit 2 Five (5) seat unit AIRPORT HOLDROOM TABLES: 3 Airport Holdroom tables TOTAL: 6 set I set 75 each UNIT EXTENDED PRICE PRICE $1,481.00 $8,886.00 356.50 2,232.80 UNIT EXTENDED PRICE PRICE 1670.65 $10,023.90 2,513.31 261737.50 398.66 29,899.50 $37,856.30 $42,436.71 6 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4-27-04 Item A: Resolution authorizing the City Manager or his designee to accept a $5,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used for computer connectivity between the City of Corpus Christi Juvenile Assessment Center and the Nueces County Juvenile Probation Department. Item B: Ordinance appropriating $5,000 in the Fund 1067, Park and Recreation Grant Fund. ISSUE: The Juvenile Assessment Center must regularly check the offense histories of client children in order to measure progress and maintain its high standards of accountability. This information is stored in the records of the Nueces County Juvenile Department and valuable staff time is spent traveling to check records. It has long been a goal to enhance efficiency by connecting the two computer systems and the Coastal Bend Alliance for Youth has now made a grant to the City of Corpus Christi Juvenile Assessment Center in order to accomplish this connectivity. REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to accept the $5,000 grant and appropriate it in the Fund 1067 Park and Recreation Grants Fund. PREVIOUS COUNCIL ACTION: N/A. FUNDING: $5,000 grant from the Coastal Bend Alliance for Youth. CONCLUSION AND RECOMMENDATION: Staff recommends that Council authorize the City Manager or his designee to accept the $5,000 grant and appropriate it in the Fund 1067 Park and Recreation Grants Fund. se, Assistant City Manager Interim Director of Park and Recreation Attachments: CBAY grant letter. CBAY Board of Directors 2003 Robin West President Corpus Chdsti lSD Mandy Stukenberg Vice-President Planned Parenthood of South Texas Mariah Boone Secretary Juvenile Assessment Center Paige Dinn Treasurer Del Mar College Linda Hodge Past President City Park & Recreation Department Joe Alley Nueces County Juvenile Probation Department Dr, Linda Avila Texas A&M University- Corpus Christi Linda Bridges Amedcan Federation of Teachers-Coastal Bend Chapter Cindy Del Toro Texas Department of Mental Health & Mental Retardation Jimmie McCurn Bethune Day Care Guy Nickleson YMCA of Corpus Chdsti Veronica Trevino Communities In Schools, Inc Karen Vaughan Texas Cooperative Extension in partnership with Commission on Children & Youth City of Corpus Chdsti and Youth Opportunities United Comprehensive Strategic Planning far Corpus Christi and Nueces County Coastal Bend Alliance for Youth April 6, 2004 Ms. Mariah Boone Juvenile Assessment Center P. O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mariah: The Coastal Bend Alliance for Youth (CBAY) is pleased to award the City of Corpus Christi Juvenile Assessment Center a grant in the amount of $5,000.00 from CBAY funds designated for reducing truancy. The grant will be used to enhance technology and computer linkages between the Juvenile Assessment Center and Nueces County Juvenile Probation Department. Yours truly, Robin West, President Coaslal Bend Alliance for Youth Coastal Bend Alliance for Youth, P. O. Box 7011, Corpus Christi, Texas 78467-701 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEPT A $5,000 GRANT FROM THE COASTAL BEND ALLIANCE FOR YOUTH (CBAY) TO BE USED FOR COMPUTER CONNECTIVITY BEI'VVEEN THE JUVENILE ASSESSMENT CENTER AND THE NUECES COUNTY JUVENILE PROBATION DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. The City Manager, or the City Manager's designee, is authorized to accept a $5,000 grant from the Coastal Bend Alliance for Youth (CBAY) to be used for computer connectivity between the Corpus Christi Juvenile Assessment Center and the Nueces County Juvenile Probation Department. ATTEST: THEClTYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED: April 12, 2004 By: ~ Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Apr 27 2004 JAC.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 ^. Kinnison Jesse Noyola Mark Scott ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $6,000 IN THE NO. 1067 PARK AND RECREATION GRANT FUND FROM THE COASTAL BEND ALLIANCE FOR YOUTH TO BE USED FOR COMPUTER CONNECTIVITY BETVVEEN THE JUVENILE ASSESSMENT CENTER AND THE NUECES COUNTY JUVENILE PROBATION DEPARTMENT; 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 $5,000 is appropriated in the No. 1067 Park and Recreation Grant Fund from the Coastal Bend Alliance for Youth to be used for computer connectivity between the Juvenile Assessment Center and the Nueces County Juvenile Probation Department. 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: April 12, 2004 ,,. Lisa Aguilar ~ Assistant City 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. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/27104 ..... AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $426,009 to the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 4. ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has applied and been awarded an ATPA grant for three years. FUNDING: Year 4 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. Law Enforcement Trust Fund $ 23,700 Program Income generated by the ATPA Grant - seized items sold at auction or confiscated cash. $ 45,961 General Fund contribution to grants provided in FY 03/04 $ 47,168 In-kind contribution for office space and copier supplies $ 12,488 As more items are confiscated and/or sold at auction, the match from Program Income will increase and the General Fund contribution will decrease. CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. P. ),lvarez, Jr. Chief of Police Attachments: ,/ Grant application BACKGROUND INFORMATION The City of Corpus Chdsti is applying for Year 4 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to dsing auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. The grant includes funding for a Lieutenant to supervise the Unit, two sworn CCPD officers, one civilian CHine Analyst, one civilian Management Assistant, and one part-time Staff Assistant to assist with data entry of auto theft crime information. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. · ./~' APPLICATION FOR STATE ASSISTANCE ATPA-1 ~ AUTOMOBILE THEORY PREVENTION AUTHORITY (ATPA) 1. For ATPA Use Only 3. a. Date Submitted b. Applicant Identifier 2. State Program Classification (For ATPA Use Only) 4. a. Date Received by State b. State Application Identifier SA-T01-10045-05 5. Applicant lnfommtion a. Legal Name: City of Co~pus Christi, Texas c. Organized Unit: Co~us Christi Police Depafanent b. Address (give street or p. O. Box, City, County, State, and Zip Cnde) d. Name and telephone number of person to be contacted o~ matters P. O. Box 9016 involving this application (give area code) Co~us Christi, Texas 78469 Pat EIdridge 361-886-2696 6. State Payee Identification Numbe~. 7. Type of Applicant (enter the appropriate letter in box) A. State H. Independent School District B. County 1. Sta~Conh'olled lnstitutonofHigberLeaming i C. Municipal J. Private University D. Township K. lndi~ Tribe F. lntennunicipal M. Nonprofit Organization G. Special Dlatriet iq. Otha- (specify): g. Type of Appticafion: 9. Name of Grantor Agency: ,~,,co.ti.~ti~ [] ~vision ·. Texas Automobile Theft. Prevention Authority New If Revision, check ap~ate* 'box(es). 4000 Jackson Avenue Austin, Texas 78731 [] h~:~.~ ^~,a [] ~ ^~ [] Oth~ 10. Title of Project: 11. Areas of Project Activitie~ (Cities, Counties, States, etc.) Coq~s Christi Auto Theft Prevention Grant City of Co~us Chris6 12. Proposed Project 13. Is application subject to review by sta~ executive order 12372 process7 Start Date: 09/01/04 YES, this application was made available to the Texas Review and Corm-aent System (TRACS) for review on 05/07/04 Ending Data: 08/31/05 Date 14. Funding Summary: · NO. [] Program is not covered by E. O. 12372 Total ora, b, & ¢ nmst a[~ree with d. a. Total StateGrant Funds $ 296,692 · Ptogram has not been ~:lected by state forreview Requested (ATPA) 15. Is the applicant delinquent on any federal debt? b. Cash Match $116,829 c. h-Kind Match $ 12,488 [] YES If "Yes" attach an explanation d. TOTAL(s) $ 426,009 16. To the best of my knowledge and belief, all data in this application is trite and correct. The document has bee~ duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed name of Authorized Official b. Title e. Telephone Number George K. Hoe City Manager 361-880-3222 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE AMOUNT OF $296,692 TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 4, WITH CITY MATCH OF $23,700 IN THE LAW ENFORCEMENT TRUST FUND IN THE NO. 1061 FUND, $45,961 IN PROGRAM INCOME IN THE NO. 1061 FUND, $47,168 IN THE NO. 1020 GENERAL FUND, AND $12,488 IN-KIND CONTRIBUTION; AND A TOTAL PROJECT COST OF $426,009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Automobile Theft Prevention Authority in the amount of $296,692 to continue the motor vehicle theft enfomement grant within the Police Department for Year 4. The City matches for this grant are $47,168 in the No. 1020 General Fund, $23,700 in the Law Enforcement Trust Fund in the No. 1061 Fund, $45,961 in Program Income in the No. 1061 Fund, and $12,488 in-kind contribution for a total project cost of $426,009. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April ~ I , 2004. Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Apd127 2004 ATPA grant res.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 2 Apd127 2004 ATPA grant res.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/27104 AGENDA ITEM: Authorizing the City Manager or his designee to execute a contract with Dailey-Wells in the amount of $28,889 for maintenance of the City's 800 mhz radio system for one month beginning May 6, 2004, with an option to extend for up to five (5) additional one-month terms at the discretion of the City Manager ISSUE: The radio maintenance contract with Dailey Wells will expire on May 6, 2004. BACKGROUND: Requests for proposals are currently being finalized with an anticipated release date within 30 days. In the interim, staff recommends that a one- month agreement with Dailey Wells be executed. Under the agreement, Dailey Wells will provide all labor to maintain and repair the system plus parts costing $1,000 or less per repair action. The terms and conditions of the exiting contract are the same not to exceed a monthly cost of $28,889. Should the selection of a vendor for the maintenance agreement take longer than anticipated, staff recommends that the City Manager be authorized to grant up to five, one-month extensions of this agreement. Funds have been budgeted in the FY 03/04 Police Department budget. Dailey Wells has had the radio maintenance contract since 1992 with the last renewal contract in 1999. That contract was for two years with an option to extend for up to three (3) one- year terms. REQUIRED COUNCIL ACTION: Approval of the contract extension. PREVIOUS COUNCIL ACTION: On March 10, 1999, the City Council approved the existing contract with Dailey Wells. FUNDING: Funds are available in the Police Department budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval. Attachments: 9 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. 9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for Phase 3 Street and Parking Lot Modifications. FUNDING: Funding is available from the Arena and Convention Center CIP Funds. RECOMMENDATION: Approval of the motion as presented. ! scobar, P. E. Director 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:~HOME~KEVINS\GENV~rena\CO9Memo.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 summary of the more significant actions is attached. See Exhibit B. CHANGE ORDER No. 9: Change Order No. 9 provides for reconstruction of Shoreline Boulevard (south bound lanes) in front of the Convention Center and Multipurpose Arena. The change order also provides for modifications to the parking lot west of the Arena and Convention Center. This work is being undertaken as a change order due to the level of coordination that is necessary to ensure the completion of both buildings and the street in a timely manner. Fulton/Coastcon has retained Haas-Anderson of Corpus Chdsti, Texas to perform the work being addressed by Change Order No. 9. Haas-Anderson is a highly capable street contractor. They are deemed capable of c~)mpleting the work in an expedited manner. FUTURE COUNCIL ACTIONS; A materials inspection and laboratory testing contract will need to be awarded to address the work being completed as part of Change Order No. 9. Council will also be requested to award a signage and way-finding package that is presently being advertised for bids. That package provides for interior signage in the Arena and replacement of signage throughout the Convention Center. 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 is funded by the Arena and Convention Center CIP Funds. The funding will be equally split based on the respectivestreet frontage of each facility. The project budget is attached. See Exhibit D. H:\HOME\KEVINS\GEN~Arena\CO9BkgExhA.doc EXHIBIT "A" J Page I of 1 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 2911999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 81 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 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 (Ord. No. O24269). 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 Bala.nce of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP 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 FY2.001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 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:\HOME~KEViN S\GENV~rena\CO9PriorAclJonsExh B.doc EXHIBIT B Page 1 of 4 August 28, 2001 - · Authorization to submit a grant applica, tion 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 documerits necessary to accept and implement an Economic Development Initiative Spec!al 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 165,~ Convention Center Expansion/Renovation proceeds); authorizing the tra,nsfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. Cf 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 Co~pus 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 Mana. ger at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfrcnt Convention Center Expansion / Rehabilitation project (M2002- 399). '~ ' I EXHIBIT B Page 2 of 4 H:~-IOME'J(EVlNS\GENV~rena\CO9PriorActJonsExhB.doc December 17, 2002 - a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP 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 Cit~ 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 Coastoon, 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 I Page 3 of 4 ~ H:\HOM E~KEVlNS\GEN~,rena\CO9PdorActions Exh B.doc Coastcon, Joint Venture of Corpus Christi, Texas, for various amhitectural, electrical, and mechanical modifications (M2004-064). Mamh 30, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 8 for the Multi-Purpose A, rena in the amount of $362,039.00 with Fulton Coastcon, Joint Venture of Corpus Chdsti, ~exas, for vadous amhitectural, electrical, and mechanical modifications (M2004-122). PRIOR ADMINISTRATIVE ACTIONS: ~ July 31, 2000 ~ Award of Amendment No. ~ in the amount of $7,500 to Gilbane Building Company for amhitectural 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., L[_C 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:~HOME~KEVINS\GENV~-ena~CO9PdorAclJonsExh B.doc EXHIBIT B Page 4 of 4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET APRIL 27, 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 ............... , ..... Change Order No. 9 (04/27/04 .................... Total .......................................................... , .... 572,309.00 121,118.00 595,000.00 21,459.00 363,609.00 132,190.00 81,589.00 362,039.00 865,793.00 3,115,106.00 = 8.72% < 25% Exhibit C I Page 1 of 1 MULTI-PURPOSE ARENA PRELIMINARY BUDGET April 27, 2004 Revenues Arena Proceeds: Federal Grant Prior Year Tax Revenue Bond Proceeds Utility Proceeds 498,900.00 1,399,146.33 49,575,939.00 30,485.00 51,473,985.33 Convention Center Proceeds Bond Proceeds (Approriated Nov. 26, 2002) AvaSable Funds 1,500,000.00 52,973,985,33 Expenditures Land Acquisition 3,328,828.39 Sub~l 3,328,828.39 Construction ~ Contingency (2.96%) Change Order No. I (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.) Change Order No. 9 (Roadway) Convention Center Share of Mechanical Plant NE A/E Amendment l& 2 (split bowl, road, etc.) A/E Amd. 3 (roof inspection & renderings) A/E Roadway A/E Roadway Amend. No. 1 (Landscape Arch.) Survey Pier Test (Laurence & AssocJLarge & Sons) Southwestern Bell Legal Fees (Locke, Liddell & Sapp) Facility Manager (SMG) Engineering Reimb. Administrative Charges Geotechnical Planning - City Services Project Management PM Construction Phase Art Materials testing/laboratory Misc. (Printing, Postage, etc Sub~r 34,232,798.00 509,346.00 572,309.00 121,118.00 595,000.00 21,459.00 363,609.00 132,190.00 81,589.00 362,039.00 432,896.50 1,500,000.00 2,786,350.00 461,199.00 13,850.00 21,000.00 2,695.00 4,080.00 35,080.00 5,325.47 20,000.00 125,000.00 124,000.00 60,600.00 27,880.00 21,515.00 288,500.00 1,300,000.00 185,000.00 257,880.00 130,000.00 44,794,307.97 Other Contracts Seating Food Concession Equipment 1,230,504.75 407,123.00 1,637,627.75 Future Contracts FFE Signage and Wayfinding Subtotal Total 2,900,000.00 144,455.00 3,044,455.00 52,805,219.11 Exhibit D Page I of 1 File : \Mproject\councilexhibits\exh4256.dwg SHIP CHANNEL BRIDGE N PROJECT SITE CORPUS CHRISTI BAY CITY PROJECT No. 4236 VICINITY MAP NOT TO SCALE MUI.. TI-PURPOSE ARENA (Change Order No. g) CITY OF CORPUS CHRISTI, TEXAS EXHIBIT 'E" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04-50-2004 10 AGENDA MEMORANDUM DATE: April 27, 2004 SUBJECT: Club Estates Channel Improvements, Phase I (Project No. 2171) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Ramos Industries of Pasadena, Texas in the amount of $996,780 for Club Estates Channel Improvements, Phase 1. ISSUE: The project is necessary to install an underground system in the areas where right-of-way is restricted, widen the channel, and flatten the side slopes where additional right-of-way can be acquired. FUNDING: Funds to finance the proposed project are available in the FY 2003-2004 Storm Water Capital Improvement Budget. RECOMMENDA'[ION: Staff recommends approval of the Motion as presented. ~il~greel~R. Escobar, P. E., ctor of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:\USERS2'~HOME~VELMAR~GEN~DRAINAGE~21711CONSTRUCTION~AGENDA MEMO BACKGROUNDINFORMATION SUBJECT: Club Estates Channel Improvements, Phase 1 (Project No. 2171) PRIOR COUNCIL ACTION: 1. February 10, 2004 - Approval of the Capital Improvement Program FY 2003-2004 (Ordinance No. 025647). 2. March 2, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 with J. R. Thompson, P. E. for a total fee not to exceed $35,850 for Club Estates Channel Improvements, Phase 1 (Motion No. M2004-080). PRIOR ADMINISTRATIVE ACTION: 1. May 22, 2003 - Executed Small Agreement for Architect/Engineer Consultant Services with J. R. Thompson, P. E. in the amount of $5,400 for the Club Estates Channel Drainage Study. 2. February 13, 2004 - Executed Amendment No. 1 to the Small Agreement for Architect/Engineer Consultant Services with J. R. Thompson, P. E. in the amount of $19,400, for a total re-stated fee of $24,800. PROJECT BACKGROUND: The proposed project provides for ditch improvements to the Club Estates Channel structure. The ditch extends from the Flynn-Shea Channel to Everhart Road. The present cross-section of the channel has step side slopes and is confined in a narrow 90-foot right of way. These conditions make it difficult to properly maintain the channel. The sides are prone to erosion and slope failures. Development adjacent to the channel precludes right-of-way acquisition in this area. Phase 1 of the project will install an underground system in the areas where right-of-way is restricted, widen the channel, and flatten the side slopes where additional right-of-way can be acquired. Phase 2 of the project will include improvements to the next 2,000 linear foot of open channel east of Sanders Drive. The first 1,100 feet of the existing open channel will have the ditch side slopes made flatter for a wider ditch. In the next 900 linear feet parallel to Everhardt Road, a 10-foot X 6-foot box will be installed and covered. This project will be completed in two phases. The first phase encompasses the improvement from the Flynn- Shea Ditch to Sanders Drive. Completion of the proposed project will increase safety for the portion of the channel which borders the adjacent Dawson Elementary School and Snead Park. Corpus Christi Independent School District (CCISD) has requested that work performance along the CCISD school property be constructed during the summer months of June, July, and August while school is not in session. PROJECT DESCRIPTION: The project includes the installation of approximately 1,200 linear feet of double 8-foot X 6-foot box culverts, box culverts headwall structures, approximately 60 linear feet of 24-inch reinforced concrete pipe together with all appurtenances. All work will be in accordance with the plans, specifications, and contract documents. I EXHIBIT "A" Pa~ie 1 of 2 H:tUSERS2\HOME\VELMARIGEI',BDRAINAGEI2171\CONSTRUC~iON'~,GENOA BACKGROUND BID INFORMATION: The City received proposals from eight (8) bidders on April 14, 2004. See Exhibit "B" Bid Tabulation. The bids range from $996,780 to $1,351,423.40. The Engineer's estimated construction cost for the project is $1,230,905. The City's consultant, J. R. Thompson, P. E., and City staff recommend that the Total Base Bid be awarded in the amount of $996,780 to Ramos Industries of Pasadena, Texas for the Club Estates Channel Improvements, Phase1. CONTRACT TERMS: The contract specifies that the project will be completed in 90 calendar days, with completion anticipated by August 2004. EXHIBIT "A" I Page 2 of 2 H:\USERS2~HOME\VELMAR\GEI~RAINAGE~217 I\CONSTRUCTION~AGENDA BACKGROUHD DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTITABULATED BY: L R. THOMPSON P.E. Project Consulting Engineer DATE: April 14, 2004 TIME OF COMPLETION: 90 DAYS CLUB ESTATES CHANNEL IMPROVEMENTS, PHASE 1 RAMOS INDUSTRIES SOUTH TEXAS UTILITIES T -MAK CONSTRUCTION IMPROVEMENTS 3636 Pasadena 4579 n. Bus 181 P.O. Box 2988 Pasadena, Tx 77508 Beeville, Tx 78102 Corpus Christi, Tx 78403 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Channel Excavation 2257 C.Y. $5.00 $11,285.00 $1.00 $2,257.00 $3.00 $6,771.00 per Cubic Yard A2 8'x 6' Precast Box Culvert 2360 L.F. $319.00 $752,840.00 $372.00 $877,920.00 $375.00 $885,000.00 per Linear Foot A3 30 8'x 6' Concrete Box Bends 2 Each $2,500.00 $5,000.00 $1,600.00 $3,200.00 $10,000.00 $20,000.00 per Each A4 24" Dia. R.C.P. 60 L.F. j $60.00 $3,600.00 $80.00 $4,800.00 $35.00 $2,100.00 per Linear Foot A5 Std. Grate Inlet 5 Each $2,000.00 $10,000.00 $4,000.00 $20,000.00 $1,500.00 $7,500.00 per Each A6 Box Culvert Headwall Structure I Each $28,000.00 $28,000.00 $43,000.00 $43,000.00 $5,000.00 $5,000.00 per Each A7 8'x 6' Concrete Box Tie -In 1 L.S. $2,500.00 $2,500.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 per Lump Sum 78 Erosion Control By Seeding 2.75 Acre $1,100.00 $3,025.00 $1,000.00 $2,750.00 $2,000.00 $5,500.00 per Acre A9 Embankment 17522 C.Y. $9.00 $157,698.00 $5.00 $87,610.00 $7.00 $122,654.00 per Cubic Yard A10 Pollution Prevention Plan 1 Each $11,500.00 $11,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 per Each All Trench Safety Plan 1180 L.F. $1.00 $1,180.00 $1.00 $1,180.00 $1.50 $1,770.00 per Linear Foot 712 Articulating Block Mat Rip Rap 2538 S.F. $4.00 $10,152.00 $8.00 $20,304.00 $10.00 $25,380.00 per Square Foo[ Total Base Bid "A" $996,780.00 $1,069,021.00 $1,085,175.00 Page 1 of 3 DATE: April 14, 2004 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI rTA,darinn ('nnfim,edl CLUB ESTATES CHANNEL IMPROVEMENTS, PHASE GARRETT CONSTRUCTION LAUGHLIN-THYSSEN REESE CONTRACTING IMPROVEMENTS P.O. Box 1028 1320 Boyles P.O. Box 8352 Ingleside, Tx 78362 Houston, Tx 77020 Corpus Christi, Tx 78468 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Channel Excavation 2257 C.Y. $6.80 $15,347.60 $9.00 $20,313.00 $12.52 $28,257.64 per Cubic Yard A2 8' x 6' Precast Box Culvert 2360 L.F. $319.70 $754,49200 $353.00 $833,080.00 $314.86 $743,069.60 per Linear Foot A3 30 8'x 6' Concrete Box Bends 2 Each $1,672.10 $3,344.20 $7,000.00 $14,000.00 $3,889.07 $7,778.14 per Each A4 24" Dia. R.C.P. 60 L.F. $39.80 $2,388.00 $80.00 $4,800.00 $52.62 $3,157.20 per Linear Foot A5 Std. Grate Inlet 5 Each $4,749.00 $23,745.00 $4,800.00 $24,000.00 $4,608.36 $23,041.80 per Each A6 Box Culvert Headwall Structure 1 Each $31,308.70 $31,308.70 $48,000.00 $48,000.00 $31,030.75 $31,030.75 per Each A7 8'x 6' Concrete Box Tie -In 1 L.S. $4,637.00 $4,637.00 $5,600.00 $5,600.00 $4,533.12 $4,533.12 per Lump Sum A8 Erosion Control By Seeding 2.75 Acre $5,165.00 $14,203.75 $1,500.00 $4,125.00 $2,456.00 $6,754.00 per Acre A9 Embankment 17522 C.Y. $14.30 $250,564.60 $10.00 $175,220.00 $16.73 $293,143.06 per Cubic Yard Al0 Pollution Prevention Plan 1 Each $1,593.90 $1,593.90 $3,400.00 $3,400.00 $6,028.21 $6,02821 per Each All Trench Safety Plan 1180 L.F. $3.70 $4,366.00 $1.00 $1,180.00 $0.98 $1,156.40 per Linear Foot Al2 Articulating Block Mat Rip Rap 2538 S.F. $6.80 $17,258.40 $6.00 $15,228.00 $4.66 $11,827.08 per Square Foot Total Base Bid "A" $1,123,249.15 $1,148,946.00 $1,159,777.00 Page 2 of 3 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI DATE: April 14, 2004 (Tabulation Continued) CLUB ESTATES CHANNEL IMPROVEMENTS, PHASE 1 BERRY CONTRACTING CASH CONSTRUCTION IMPROVEMENTS P.O. Box 9908 P.O. Box 1279 Corpus Christi, Tx 78469 Pllu erville, Tx 78691 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al Channel Excavation 2257 C.Y. $19.90 $44,914.30 $4.00 $9,028.00 per Cubic Yard A2 8'x 6' Precast Box Culvert 2360 L.F. $350.00 $826,000.00 $404.00 $953,440.00 per Linear Foot 73 30 8'x 6' Concrete Box Bends 2 Each $3,000.00 $6,000.00 $3,500.00 $7,000.00 per Each A4 24" Dia. R.C.P. 60 L.F. $60.00 $3,600.00 $78.00 $4,680.00 per Linear Foot A5 Std. Grate Inlet 5 Each $5,900.00 $29,500.00 $3,000.00 $15,000.00 per Each A6 Box Culvert Headwall Structure 1 Each $46,000.00 $46,000.00 $19,000.00 $19,000.00 per Each A7 8'x 6' Concrete Box Tie -In 1 L.S. $8,500.00 $8,500.00 $4,600.00 $4,600.00 per Lump Sum A8 Erosion Control By Seeding 2.75 Acre $3,000.00 $8,250.00 $2,500.00 $6,875.00 per Acre A9 Embankment 17522 C.Y. $11.15 $195,370.30 $9.20 $161,202.40 per Cubic Yard A10 Pollution Prevention Plan I Each $6,000.00 $6,000.00 $2,500.00 $2,500.00 per Each All Trench Safety Plan 1180 L.F. $6.00 $7,080.00 $0.50 $590.00 per Linear Foot 712 Articulating Block Mat Rip Rap 2538 S.F. $10.00 $25,380.00 $66.00 $167,508.00 per Square Foot Total Base Bid "A" $1,206,594.60 $1,351,423.40 Page 3 of 3 PROJECT BUDGET CLUB ESTATES CHANNEL IMPROVEMENTS, PHASE 1 (Project No. 2171 ) April 27, 2004 FUNDS AVAILABLE: Storm Water .............................................................. $1,190,608.00 FUNDS REQUIRED: Construction (Ramos Industries) .................................... Contingencies (10%) ................................................... Contingencies (J. R. Thompson, P. E.) ............................ Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Misc. (Printing, Advertising, etc.) .................................... $996,780.00 99,678.00 60,650.00 6,000.00 25,000.00 2,500.00 Total ........................................................................ $1,190,608.00 EXHIBIT "C" ~ File : \Mproject\councilexhibits\exh2171.dwg LOCATION MAP NOT TO SCALE CITY PROJECT No. 2171 EXHT_BT_T "D" CITY COUNCIL EXHIBT_T ~ CLUB ESTATES CHANNEL TMPR(]VFMFNT.~ --"" --------'"-----~', DEPARTMENT OF ENGINEERING SERVICES PHASE 1 PAGE: 1 of 1 CI'Pr' OF CORPUS CHRISTI, TEXAS DATE: 04-20-2004 ~ 11 AGENDA MEMORANDUM DATE: April 27, 2004 SUBJECT: Northwest Library Re-roof 2004 - Project No. 4314 AGENDAITEM: Ordinance appropriating $46,500 from the un-appropriated settlement claims in the No. 3160 City Hall CIP Fund; transferring to and appropriating in the Library CIP Fund No. 3210 for the Northwest Library Re-roof 2004 project; amending Ordinance No. 025647 which adopted the FY 2004 Capital Budget by increasing appropriations by $93,000; and declaring an emergency. Motion authorizing the City Manager, or his designee, to award a construction contract to Port Enterprises, Ltd. o.f Corpus Christi, Texas, in the amount of $30,818.00 for Northwest Library Re-roof 2004 project. ISSUE: This project is necessary to project the building and its contents due to the failure of the roofing system that cannot be repaired.. FUNDING: Funds for this project are available from settlement proceeds upon appropriation. RECOMMENDATION: Staff recommends approval of the ordinance and motion as presented. i~,/'~Ar~gel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C' Bid Tab Summary Exhibit"D" Location Map H:V-IOME~KEVINS\GEN~_IBRARY~NWBRANCH~004Roof~Awd Memo.doc ORDINANCE APPROPRIATING $46,600 FROM THE UNAPPROPRIATED SETTLEMENT CLAIMS IN THE NO. 3160 CITY HALL CIP FUND; TRANSFERRING TO AND APPROPRIATING IN LIBRARY ClP FUND NO. 3210 FOR THE NORTHWEST LIBRARY RE-ROOF 2004 PROJECT; AMENDING ORDINANCE NO. 025647 WHICH ADOPTED THE FY 2004 CAPITAL BUDGET BY INCREASING APPROPRIATIONS BY $93,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $46,500 is appropriated from the unappropriated settlement claims in the No. 3160 City Hall ClP Fund. SECTION 2. That $46,500 is transferred from No. 3160 City Hall CIP Fund to and appropriated in the Library CIP Fund No. 3210 for the Northwest Library Re- roof 2004 project. SECTION 3. That Ordinance No. 025647 which adopted the FY 2004 capital budget is amended by increasing appropriations by $93,000. SECTION 4. 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 THECITYOFCORPUS CHRISTI Armando Chapa City Secretary Approved: April 22, 2004 Lisa Aguilar ~. Assistant Cit~ 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. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Northwest Library Re-roof 2004 - Project 4314 PRIOR ADMINISTRATIVE ACTION: 1. February 19, 2004 - Award of an architectural services contract to Morgan Spear Associates, Inc. in the amount of $5,800 for the Northwest Library Re-roof 2004 project. FUTURE COUNCIL ACTION: No additional action is contemplated to complete the project. PROJECT BACKGROUND: Northwest Library is a 7,300 square foot one-story structure. The roof has reached the end of its economic life and leaks badly during rain events. A number of attempts have been made to patch the roof over the years. The condition of the roof has deteriorated to the point that any walking on the roof generates additional leaks. Continued water penetration into the facility will cause damage to sheetrock, ceilings, insulation, and building contents. PROJECT DESCRIPTION: The project consists of consists of demolition work to remove the existing roofing to the deck and roof flashing, installation of new bitumen roofing and flashing, and removal and reinstallation of mechanical ventilators or fans. PROJECT BUDGET: The project budget is attached. See Exhibit "B". Appropriation of the entire project budget is requested to address non-construction costs such as printing, administrative charges, and a contingency for possible change orders. BID INFORMATION: The project bid as a base bid with a deductive alternate. The base bid required a twenty (20) year manufacturer's warranty. The deductive alternate substituted a fifteen (15) year warranty in lieu of the twenty year warranty. The City received proposals from six (6) bidders on April 14, 2004. (See Exhibit "C") The total bid prices ranged from: $30,818 to $58,830. The deductive alternate prices ranged between $-0- and ($1,270). The Architect's estimated construction cost for the project was $58,000. City staff, and the City's consultant recommend that the base bid be awarded to Port Enterprises, Ltd. of Corpus Christi, Texas in the amount of $30,818 for the Northwest Library Re-roof 2004 project. The deductive alternate is not recommended based on the limited savings. CONTRACT TERMS: The contract speqifies that the project will be completed in 90 calendar days after the notice to proceed, .with completion anticipated no later than late August 2004. EXHIBIT "A" Page 1 of 1 NORTHWEST LIBRARY RE-ROOF 2004 PROJECT No. 4314 PROJECT BUDGET April 27, 2004 FUNDS AVAILABLE: ESTIMATED BUDGET FUNDS REQUIRED: Construction Cost (Sal-Con, Inc.) $ 30,818.00 Construction Contin~lencies (11.8%) 5,500.00 AE Consultant (Mor,qan Spear Associates) 5,800.00 Construction Inspection (By A/E) - Engineering Reimbursements 1,500.00 Administrative Reimbursements 450.00 Incidental Expenses (Printing, Advertising, etc.) 2,432.00 Total ..................................................................................................... $ 46,500.00 EXHIBIT "B" Page 1 of l TABULATION OF BIDS Page 1 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, April 14, 2004 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: $58,000 Northwest Library Re -Roof 2004 Port Enterprises Ltd. Baldwin Roofing CO.Inc. Bruton/Gomez S Co.Inc. Easley Roofing Project No. 4314 P.O.Box 271482 642 N.Omaha Dr. P.O.Box 554 P.O.Box 3464 C.C., TX 78427 C.C., TX 78408 Taft,TX 78390 Victoria,TX 77901 UNIT PRICE AMOUNT UNIT PRICE AMOUNT ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT NO.1 Demolition work removing 1 LS $30,818.00 $30,818.00 $34,800.00 $34,800.00 $36,863.00 $36,863.00 $42,000.00 $42,000.00 existing roofing to deck and roof flashings, installing new modified bitumen roofing and required flashing, twenty (20) year no dollar monetary warranty, for building roof areas in accordance with the plans, specifications, and contract documents complete in place per lump sum TOTAL BASE BID: $30,818.00 $34,800.00 $36,863.00 $42,000.00 DA -1 Cost to downgrade the Roof 1 LS $512.00 $512.00 $700.00 $700.00 $200.00 $200.00 $1,270.00 $1,270.00 Warranty from a twenty (20) year No Dollar Limit Monetary Warranty to a fifteen (15) year No Dollar Limit Monetary Warranty, using the specified roofing system; complete and in place per lump sum TOTAL DEDUCTIVE ALTERNATE $512.00 $700.00 $200.00 $1,270.00 BID: Exhibit Page 1 of TABULATION OF BIDS Page 2 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, April 14, 2004 TIME OF COMPLETION: 90 Calendar Days ENGINEER'S ESTIMATE: $58,000 Exhibit Page 2 of Northwest Library Re -Roof 2004 Sechrist-Hall Company Cram Roofing Co.Inc. Project No. 4314 P.O.Box 5207 5171 Casa Bella C.C., TX 78465 San Antonio, TX 78249 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT No.l Demolition work removing 1 LS $45,173.00 $45,173.00 $58,830.00 $58,830.00 $0.00 $0.00 existing roofing to deck and roof flashings, installing new modified bitumen roofing and required flashing, twenty (20) year no dollar monetary warranty, for building roof areas in accordance with theplans, specifications, and contract documents complete in place per lump sum TOTAL BASE BID: $45,173.00 $58,830.00 $0.00 $0.00 DA -1 Cost to downgrade the Roof 1 LS No Change $0.00 $0.00 $0.00 $0.00 $0.00 Warranty from a twenty (20) year No Dollar Limit Monetary Warranty to a fifteen (15) year No Dollar Limit Monetary Warranty, using the specified roofing system; complete and in place per lump sum TOTAL DEDUCTIVE ALTERNATE $0.00 $0.00 $0.00 $0.00 BID: Exhibit Page 2 of File : \Mproject\councilexhibits\exh4314.dwg N L OCA TION CITY PROJECT No. 4314 , LOCATZON MAP NOT TO SCALE NORTHWEST LIBRARY RE-ROOF CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "D" CITY COUNCIL EXHIBIT ~ DEPAR~ENT OF ~GINEERING S~C~ PAGE: 1 of 1 ___--.-- DA~: 04-21-2004 ~ 12 AGENDA MEMORANDUM DATE[ April 27, 2004 SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with Laughlin-Thyssen, Inc. in the amount of $159,401.79 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. ISSUE: This change order will provide for additional improvements to existing equipment which is deteriorating due to age and was not included as part of the original contract. This will result in improved filter performance using cost-efficient methods. FUNDING: Funds for this project are available in the Water Department's FY 2002-2003 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. y~lz~Eduardo Gara~a Director of Water Operations ~g~l ~.' Escobar, P.E., ' Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit"B" Change Order Summary Exhibit"C" Location Map H:\HOME\LYNDAS\GEN\WATER\O.N. Stevens Water Treatment Plant~8375 - Wash Water System, Phase 2\Change Order #5\Memorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) (Project #8375) PRIOR COUNCIL ACTION: September 9, 1997 - Approval of motion to amend Section 4 of the Master Water Plan (Motion 97-246). September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan, Ordinance No. 023050; December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Smith, Russo & Mercer in the amount of $143,000 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation. (Motion No. 990422) May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Smith Russo & Mercer in the amount of $214,100 for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation stage two design work. (Motion No. M2000-135) November 14, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Smith Russo & Mercer in the amount of $1,640,814 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade)and ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) and Phase 3 (Elevated Storage Tanks). (Motion No. M2000-401) December 12, 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Eagle Contracting for a total fee not to exceed $4,634,000 for the O. N. Stevens Water Treatment Plant Wash Water System, Phase 1 Filter Media Replacement Project. December 10, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to exceed $8,920,125 for the ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. December 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Laughlin-Thyssen, Inc. in the amount of $46,928 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Motion 2003-466) EXHIBIT "A" Page 1 of 5 9. February 10, 2004 - Approval of the FY 2003 - 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) PRIOR ADMINISTRATIVE ACTION: 1. September 22, 2000 - Administrative approval of Amendment No. 2 to an engineering services contract with Smith Russo & Mercer in the amount of $14,000 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation for hydraulic profiles. 2. November 7, 2001 - Administrative approval of Amendment No. 4 to an engineering services contract with Smith Russo & Memer in the amount of $19,990 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 3. December 10, 2001 - Administrative approval of Amendment No. 5 to an engineering services contract with Smith Russo & Mercer in the amount of $14,990 for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 - 22 Rehabilitation project. 4. August 19, 2002 - Administrative approval of Amendment No. 6 to an engineering services contract with LNV, Inc. d.b.a., Smith, Russo & Memer in the amount of $16,500 for the ON Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) for inspection services. 5. September 13, 2002 - Administrative approval of Amendment No. 7 to an engineering services contract with LNV, Inc., d.b.a. Smith Russo & Mercer in the amount of $15,500 for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 6. August 1,2003 - Administrative approval of Change Order No. 1 to a construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $200 for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 7. January 12, 2004 - Administrative approval of Change Order No. 3 to a construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $24,883.60 for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 8. February 26, 2004 - Administrative approval of Change Order No. 4 to a construction contract with Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $21,865.89 for the ON Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. EXHIBIT "A" l Page 2 of 5 BACKGROUND INFORMATION: This original project was approved by Council as part of the FY 2000-2001 Capital Improvement Budget. Smith, Russo & Mercer Consulting Engineers (LNV, Inc. Engineering) was hired to provide operation improvements at the O. N. Stevens Water Treatment Plant and four (4) construction contracts were developed to complete this requirement. The approved projects are as follows: Wash Water System Phase 1 - Filter Media Replacement of Filers 1-22: (Project Complete March 15, 2002) Wash Water System Phase 2 ~ Filter Drain, Yard Piping, Wash Water Filter to Waste: (Under construction, anticipated completion date October 2004) Wash Water System Phase 3 - Elevated Tank; and (Under construction, anticipated completion date May 2004) Additional Pump for High Service Pump Building No. 2 Pump Modifications - (Project Complete April 2004) Filter backwashing procedures at the O.N. Stevens Water Treatmet~t Plant are critical to maintaining optimum performance by the filter. An original wash water tank, constructed in 1954 currently provides service to the plant's original twelve filters, as well as ten additional filters constructed in1982. ImprovementstotheWashWaterSystem under Phase2ofthis project includes the addition of a new Wash Water Pump Station, enhancements to the instrumentation and controls, filter to waste drain, and yard piping which will result in improved filter performance and compliance to new TNRCC regulations. PROJECT DESCRIPTION: Change Order No. 5 is comprised of 15 items (A-59 through A-73) necessary to complete this project. · Items A-59 through A-63, A-68, A-69, A-70, and A-73 are necessary to fully automate filter operations and to provide a more efficient Supervisory Control and Data Acquisition (SCADA) system for the existing filters at the Water Treatment Plant. · Items A-64, A-65, A-67 and A-71 will upgrade instrumentation, provide additional protection for equipment, and improve the reliability of the SCADA system. · The remaining items A-66 and A-72 will restore access to a lagoon road and provide a credit for equipment no longer needed. CHANGE ORDER DETAIL: · A-59: This item will add an open/closed position feedback to the PLC for the existing effluent valves at Filters 1 - 12 by adding tow additional digital input cards to PLC A, associated wiring, and loop sheets for documentation. COST: $14,600. A-60: This item will add 50 digital outputs for consoles at Filters 13 - 22 for the indication of various filter alarms. This additional Input/Output (I/O) will have to be added resulting in additional wiring, loop sheets, and database configuration. COST: $11,331.18 EXHIBIT ~A" [ Page 3 of 5 A-61: This item will add 10 individual level transmitters and associated wiring and conduit to Filters 13 - 22 to signal the effluent valve to close during the automatic backwash sequence identical to the existing level transmitters in Filters 1 - 12. COST: $52,475.16 A-62: This item will relocate each individual differential pressure input for Filters 13 - 22 to the new remote I/O racks associated with each individual Filter. COST: $9,820.36 A-63: This item will streamline programming and decrease traffic on the peer-to- peer connection which is already extensive for P/C A due to communication with other PLC's in the plant. COST: $767.14 A-64: This item will replace 30 specified instruments which have become outdated since design with current model instruments. COST: $12,200 A-65: This item will modify contact blocks at the existing consoles for Filters I - 12 to accommodate the previously approved multi-position switches. COST: $2,200 A-66: This item will remove sludge from the West Sludge Lagoon (Pollywog) access read and place it in the West Sludge Lagoon (approximately 900 cubic yards) COST: $4,181.75 A-67: This item will add fuse blocks for Filter Consoles 13 - 22 to provide extra projection for the new Siemens PLC cards. COST: $4,891.41 A-68: This item will add 4 - 100amp breakers to existing panels, which are required to power the 10 new electrical valve operators for Filter Effluent Valves 13 - 22. COST: $1,321,97 A-69: This item will generate electrical schematics for the blower panel including field investigations, CAD work and inclusion in Submittals and O&M Manuals. COST: $3,371.20 A-70: This item will add programming and graphics needed to operate 48 valves, associated with Filters 1 - 12, remotely from the human/machine interface. COST: $6,356.49 A-71: This item is necessary to modify the proposed SCADA architecture so that all filter control resides in a single PLC with a redundant back-up thus reducing peer-to- peer communication and programming. COST: $52,933.97 EXHIBIT "A" Page 4 of 5 · A-72: This item will delete the installation of two total organic carbon analyzers including the equipment, labor, and programming. COST: $-26,000 · A-73: This item will provide additional instruments that where not included on pre- existing documentation. COST: $8,951.16 FUNDING: Funds for this project are available from the FY 2003 - 2004 Water Capital Improvement Budget. EXHIBIT "A" Page 5 of 5 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET April 27, 2004 PROJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) (Project #8375) APPROVED: City Council on 12/10/02 - Motion No. M2002-408 CONTRACTOR: Laughlin Environmental, Inc. 1320 Boyles Street Houston, TX 77020 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... Change Order No. 1 (07/14/03) ..................... Change Order No. 2 (12/16/03) ..................... Change Order No. 3 (12/30/03) ..................... Change Order No. 4 (02/26/04) ..................... Change Order No. 5 (04/27/04) ..................... $8,920,125.00 2,230,031.25 200.00 46,928.00 24,883.60 21,865.89 159,401.79 Total .......................................................... 253,279.28 = 2.80 < 25% EXHIBIT "B Page I of 1 \ Mprojec~ ~councilexhibits \exh85 75. dwg O.N. STEVENS WATER TREATMENT PLANT NUECES BAY N C.C.I. NRPORT LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY UP RIVER ROAD PROJECT SITE FZL TERS 1 - 12 RAW WA~:R PROJECT # 8375 PLAN VIEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHZBZ T "C" IO.N. Stevens Water Treatment Plantll Wash Water System Phase 2 (F11ter Drain, Yard Plplng, Fllter to Waste) Phase 2 Change Order CITY COUNCIL EXHIBIT CI~' OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/22/2004 13 CITY COUNCIL AGENDA MEMORANDUM Date: April 27, 2004 AGENDA ITEM: 1. AN ORDINANCE NAMING THE GROUND TRANSPORTATION FACILITY AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT THE VlRGINAL. TURNER PARKING PLAZA ISSUE: Council Policy No. $, adopted by Resolution No. 21901 on 3-22-94, states: "Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies." FUNDING: N/A RECOMMENDATION: On April 21,2004 the Airport Board recommended approval of the Ordinance. Staff recommends approval of the Resolution as presented. Dave Hamrick Director of Aviation AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Date: April27, 2004 BACKGROUND: Virginia Turner worked for the City of Corpus Christi's International Airport as a Parking Attendant for over twenty one and one-half years until her untimely passing in February of 2000. During her time with the City she exemplified the true qualities of customer service, friendship, dedication and self-sacrifice. Throughout her tenure, she always had a smile on her face for the many thousands of customers or, as Virginia would call them, friends she helped every day. During even the most trying times Virginia always had a smile on her face and kind words to say to weary, stressed-out travelers passing through her booth. It was not uncommon for motorists exiting the parking lot to try to see which booth she was in so they could enjoy her warm and friendly welcome home. During her protracted illness, and for months after her passing, the Airport would receive calls from patrons asking about her. It is still not uncommon to have people ask about her. Letters to the local paper showed how much she meant to those who came into contact with her. AN ORDINANCE NAMING THE GROUND TRANSPORTATION FACILITY AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT THE VIRGINAL. TURNER PARKING PLAZA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to Policy No. 8 of Council Policies, Resolution No. 21901, adopted March 22, 1994, upon unanimous recommendation of the Airport Board the City Council hereby names a City facility. SECTION 2. The name of the Ground Transportation Facility at the Corpus Christi Intemational Airport is named the Virginia L. Turner Parking Plaza. 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 the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full fume and effect for its purpose. H:\LEG-DIR\Laurie~John\OrdinanceWirginia L Turner That 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 Henry Garrett Bill Kelly 2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed fmally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly APPROVED AND PASSED on this ATTEST: · 2004, by the following vote: Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott day of ,2004. Armando Chapa, City Secretary Samuel L. Teal, Jr., Mayor APPROVED AS TO LEGAL FORM on thec,?oTk day of4/'l/ A~isP. Burke, Jr. tant City Attorney ,2004. H:\LEG-DIR\LaurleLlohn\Ordinance\Virginia L Turner 14 CITY COUNCIL AGENDA MEMORANDUM Date: April 27, 2004 AGENDA ITEM: An ordinance amending Article VII, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding fill permits; providing for penalties; providing for severance; and providing for publication. ISSUE: The current City fill material regulations limit the length of a fill permit to one week. The proposed ordinance extends the term of permits from one week to 30 days, and authorizes the Building Official to grant a 30 day extension. The proposed ordinance also clarifies that the exemption that allows the depositing or dumping and spreading of dirt, sand, or other gardening materials without a permit does not apply if the depositing or dumping and spreading of dirt, sand, or other gardening materials will cause storm waters to be diverted or impounded on adjoining premises. REQUIRED COUNCIL ACTION: City Council action is required on amendments to the Article VII, Chapter 14, Code of Ordinances. PREVIOUS COUNCIL ACTION: Ordinance # 25467, adopted on September 9, 2003, relocated the City fill material regulations from Chapter 21 to Chapter 14 of Code of Ordinances. FUNDING: No funding requirements. RECOMMENDATION: Approval of ordinance as submitted. //~., a.',~a~ley; AICP Director of Development Services BACKGROUND INFORMATION For a number of years the Building Official has been responsible for the administration of the City's fill permitting ordinance, which was previously located in Chapter 21, Garbage, Trash, and Other Refuse. In September, the ordinance was relocated to Chapter 14, which now contains the most of the ordinances administered by Development Services. Although the Building Official, has been the person in the City authorized to administer fill permits, other City operations have been involved in the regulation and control of illegal dumping, including Solid Waste, Health Department, and Code Enforcement. Currently, the Fill Ordinance only allows up to a one week permit duration which has proven to be too short for most fill operations. This change will extend the time for fill operations that fall within the ordinance to 30 days. The ordinance will also allow for a single 30 day time extension at the discretion of the Building Official. The proposed ordinance also addresses the problem of residents improperly adding fill to the yards that either diverts or impounds storm water on adjoining properties, which is a violation of State law. It clarifies that the exemption from the requirement for a fill permit if a resident deposits or dumps and spreads dirt, sand, or other gardening materials does not allow the depositing or dumping and spreading of dirt, sand, or other gardening materials if the depositing or dumping will cause storm waters to be diverted or impounded on adjoining premises. Feedback from the Development Community: This proposed ordinance change is a result of inquiries from the development community. Their concerns were addressed and the proposed ordinance change represents a consensus of all interested parties. Recommendation: Staff recommends adoption of the proposed ordinance. AN ORDINANCE AMENDING ARTICLE VII, CHAPTER 14, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING FILL PERMITS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Article VII of Chapter 14, Code of Ordinances, is revised to road as follows: ARTICLE VII. REGULATION OF FILL MATERIALS Sec. 14-701. Fill permit required. (a) Except as provided in this section and section 21-80, no person may deposit or dump on any property or allow to be deposited or dumped on the person's property or property under the person's control, any dirt or other fill materials without securing a fill permit from the building official as provided by section 14-702. (b) This pmv!=!cn section does not apply to persons depositing or dumping and spreading dirt, sand, or other gardening materials on the premises used in connection with an existing building for landscaping purposes, unless the depositin,q or dumpin.q and spreadin.q dirt, sand, or other .qardenin.q materials on the promises will cause storm waters to be diverted or impounded on adioinin.q premises. (c) This section does not apply, or to the dumping or depositing sand or other building material on a lot in connection with construction of improvements in progress for which a building permit has been obtained_. (d) This section does not apply, or to the dumping or depositing of dirt, sand, fill material, or refuse at a solid waste disposal facility permitted by the Texas Commission on Environmental Quality. Sec. 14-702. Issuance of fill permit. (a) The building official is responsible for the issuance of dumping fill permits for dumping or depositing dirt and other fill material. (b) No fill permit may be issued for dumping or depositing refuse. (c) Each fill permit will be issued to a specific person, firm, or corporation to fill a specifically described piece of property and must specify the type of fill material and the duration of the fill permit, which =h3!! may not be for a period in excess of-e~_ 30 calendar days. R41204A1 ,doc 2 (d) Before the fill permit is issued, the building official must be satisfied that the dirt or fill material appears to be free from any substance injurious to the public health and welfare, and that the dirt or fill matedal will be handled and dumped or deposited and leveled off in a manner that apparently will not be injurious to the public health, interfere with drainage from an adjoining property, or divert storm waters onto an adjoining property. (e) The building official is authorized to promulgate forms to be completed by applicants for fill permits requiring any information deemed necessary to carry out the purposes of this section. (f) The applicant for a fill permit must pay the fill permit application fee before the permit is issued. (R) The buildin.q official may Rrant a one time extension of 30 calendar days to a fill permit, if the applicant submits a request in writin,q outlinin.q the reasons for the extension. Secs. 14-703-14-800. Reserved. SECTION. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION. 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 of this ordinance be given full force and effect for its purpose. SECTION. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. R41204A1 .doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That 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: 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 A'Iq'EST: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. Armando Chapa City Secretary APPROVED: ,.,;~//'~' day of R. J~ P~in~ Filet ,~sistant Cfity Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2004: 3 R41204A1 .doc 15 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 27~ 2004 AGENDA ITEM: Ordinance appropriating $95,000 from the Transportation Secudty Administration into the Airport Fund 4810 for providing law enforcement officers at Secudty Checkpoint; amending FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 by increasing revenues by $95,000 and appropriations by $95,000; and declaring an emergency. ISSUE: This is appropriating the reimbursement from TSA for services for Law Enforcement Officers at the Airport providing services to TSA at the secudty checkpoint at the Airport. The Reimbursement Agreement provides for reimbursement from August 5, 2003 through September 30, 2004 with the option to extend it each year through September 30, 2008. The reimbursement amount is up to a maximum of $15,942.90 for federal fiscal year 2003 and $105,~.~.~..60 up to $114,902.00 maximums for federal fiscal years 2004-2008. This is provided for under Security Directive 1542-01-07 which requires airports to establish an air transportation secunty program that provides a law enforcement presence and capability at the airport that is adequate to ensure the safety of passengers. This appropriation is for the City's fiscal year 04. The TSA Reimbursement agreement was finalized by TSA on March 2, 2004. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: January 14, 2003: A resolution authorizing the City Manager, or his designee, to execute a memorandum of agreement between the United States Government and Corpus Christi International Aiq3ort to provide law enforcement officers at secudty checkpoints at the Airport in consideration of reimbursement or partial reimbursement effective through December 1,2003; and declaring an emergency. Resolution fK)25167 An ordinance appropriating $227,000 from the Transportation Security Administration into the No. 4610 Airport Fund for providing law enforcement officers at Security Checkpoint; amending Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget by increasing revenues by $250,000 and appropriations by $227,000; and declaring an emergency. October 2003: A resolution authorizing the City Manager, or his designee, to execute a reimbursement agreement between the Transportation Security Administration and Corpus Chdsti International Airport to provide Law Enforcement Officers at Security Checkpoint at the Airport in consideration of reimbursement; effective through September 20, 2003 with options to extend annually for up to five years; and declaring an emergency. Resolution # 25510 February 2004: A resolution authorizing the City Manager, or his designee, to execute a revised reimbursement agreement between the Transportation Secudty Administration and Corpus Christi · International Airport to provide Law Enforcement Personnel at security checkpoints at the Airport in consideration of reimbursement or partial reimbursement effective August 5, 2003, until September 30, 2004, with the option to extend for up to four (4) years. Resolution # 25654 FUNDING: Revenues: Airport Fund No. 4610 $95,000.00 Appropriations: Airport Fund No., 4610 $95,000.00 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Attachments: Exhibit A: Background Department Head Signature BACKGROUNDINFORMATION The Transportation Secudty Adminisi~ai~on (TSA) requested that the Airport provide law enforcement officers at secudty checkpoints after the National Guard was removed from the Airport. A Memorandum of Agreement (MOA) was provided by the US Government requesting this service and providing for reimbursement or partial reimbursement of this service. We have been receiving full reimbursement for this service from May 10, 2002 until the MOA was terminated as of May 31, 2003. This appropriation is under the new Reimbursement Agreement which provides for the same service beginning again on August 5, 2003 through September 30, 2003 with the option to extend it each year through September 30, 2008. Public Safety Officers at the Airport will continue to provide these services. ORDINANCE APPROPRIATING $95,000 FROM THE TRANSPORTATION SECURITY ADMINISTRATION INTO THE AIRPORT FUND NO. 4610 TO PROVIDE LAW ENFORCEMENT OFFICERS AT SECURITY CHECKPOINT; AMENDING FY 2003-2004 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 BY INCREASING REVENUES AND APPROPRIATIONS BY $95,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $95,000 is appropriated from the Transportation Security Administration into the Airport Fund No. 4610 to provide law enforcement officers at Security Checkpoint. SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance No. 025394 is amended to increase revenues and appropriations by $95,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2004. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: Apdl 22, 2004 Lisa Aguila~) Assistant City 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. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 16 CITY COUNCIL AGENDA MEMORANDUM April 19, 2004 AGENDA ITEM: Ordinance abandoning and vacating a 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20B & 20C, Block 1, Patrick Gardens School Tract; requiring the owner, CCISD, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: The closure of the two 10-foot wide drainage easement is required to allow the owner, CCISD, to construct a new elementary school building over the area that the drainage easements presently occupy. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Owner must replat the property within 180 days at his expense. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. '*'-~~Director of D'e~elopment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Goldston Engineering, Inc., on behalf of the Corpus Christi Independent School District (CCISD), is requesting the abandonment and vacation of a 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20-B & 20C, Block 1, Patrick Gardens School Tract in order to accommodate the future construction of an elementary school building that will occupy portions of the existing drainage easements. All public and franchised utilities were contacted. The City Storm Water Department has a 54-inch storm waterline within the easements that will have to be relocated at owner's expense. ^EP had no objections to the easement closures but will seek reimbursement if adjustments to any of their facilities become necessary. None of the other city departments and franchised utility companies had any facilities within the utility easement or objections to the drainage easement abandonment. Staff recommends that payment of the fair market value be waived because Owner will be dedicating drainage easements of greater area to off-set the proposed abandonment. The owner has been advised of and concurs with the conditions of the easement abandonment. EXHIBIT A FROM: B.A. Bailey, Director of Development Services DATE: April 19, 2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: April 27, 2004 ORDINANCE CAPTION: Ordinance abandoning and vacating a 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20B & 20C, Block 1, Patdck Gardens School Tract; requiring the owner, CClSD, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 292, Pages 122-125, Deed Records of Nueces County, Texas, and Volume 63, Page 97 of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Fair Market Value will be waived because Owner will be dedicating utility easements of greater area to off-set the proposed vacation and abandonment of the easement. 2) That the Owner prepare construction plans for review and approval and relocate a 54-inch storm water line that is located within the two drainage easements at Owner's expense. 3) The Owner must replat the portions of Lots 20B & 20C, Block 1, Patrick Gardens School Tract being abandoned and vacated within 180 days at Owner's expense. REQUESTED BY: B.A. Bailey, ~r DATE: ~.\0~ ~ of Development Services APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 6,734-SQUARE FOOT PORTION OF TWO 10-FOOT WIDE DRAINAGE EASEMENTS IN LOTS 20-B AND 20- C, BLOCK 1, PATRICK GARDENS SCHOOL TRACT; REQUIRING THE OWNER, CCISD, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN '180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20-B and 20-C, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, Map Records Nueces County, Texas, and in Volume 292, Page 122-125, Deed Records Nueces County, Texas, that the owner, Corpus Christi Independent School District, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the drainage easements for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,734-square foot portion of two 10-foot wide drainage easements in Lots 20-B and 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, Map Records Nueces County, Texas, and in Volume 292, Page 122-125, Deed Records Nueces County, Texas, is abandoned and vacated for public use as drainage easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value will be waived because Owner will be dedicating utility easements of greater value to off-set the proposed vacation and abandonment. The Owner must prepare construction plans for review and approval and relocate a 54-inch storm water line that is located within the two drainage easements at Owner's expense. That the Owner replat the portions of Lot 3-A, Share 2-A, Kaler Addition, being abandoned and vacated within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 H:~LEG-DIRUoseph\ORD -PatGrdns 1 .doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 27th day of April, 2004, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ~ a ,- ,' I ~ ~ ,2004 By: ( ~---. , Joseph ~larney ~) Assistant City Attorney For City Attorney H:~LEG-DIRXJoseph\ORD-PatGrdns 1 .doc 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: INVe, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~Joseph\ORD-PatGrdns I .doc OLD BROONS KLE Rao R T AVENUE p y' � :amu ru Tq p V O ,p ORClNN SIRES! S �<T CHEYENNE SIREEI SITE w� z MOHAWK SlRFU Q� S� f� OSAC STR EI � q SEMINOGE �O Qp s Q >y12 Wj3'L. ST EASE ME VLVaVI IG HAUL9A CASTILLO '0a0WW LOTS 20B & 20C, BLOCK 1 r✓p PATRICK GARDENS SCHOOL TRACT SUFt NOTTLOTO MAP TO SCALE EXHIBIT C — EASMENT CLOSURE GOLDSTON ENGINEERING, INC. PROJ. NO. A03422-001 DATE. 4-08-04 jDwG. o I ° I om o ~ / / / / / 17 CITY COUNCIL AGENDA MEMORANDUM April19,2004 AGENDA ITEM: Public hearing to consider vacating and abandoning a 962-square foot triangular portion of the Cheyenne Street right-of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20C, Block 1, Patdck Gardens School Tract. Ordinance vacating and abandoning a 962-square foot triangular portion of the Cheyenne Street right-of-way at its intersection with the Tadton Street right-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. ISSUE: Goldston Engineering, Inc. on behalf of the Corpus Christi Independent School District is requesting the vacating and abandonment of a triangular portion of Cheyenne Street at its intersection of Tarlton Street rights-of-way so that it may be retained as a drainage/utility easement by the City. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public headng prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Director of Dbv.~pment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Goldston Engineering, Inc., on behalf of the Corpus Christi Independent School District, is requesting vacation and abandonment of a triangular portion of the Cheyenne Street right-of-way at its intersection with the Tadton Street right-of-way. The triangular portion of Cheyenne St. and Tadton St. right-of-way to be vacated and abandoned is requested by CCISD in cooperation with the City to eliminate a small area of unused street right-of-way. The public rights-of-way closure is to be retained as a drainage/utility easement by the City. All public and franchised utilities were contacted regarding this closure request and no objections were received. AEP had no objections to the closure but will seek reimbursement if adjustments to their facilities become necessary. Payment of the estimated fair market value is recommended to be waived since the City requested the closure. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, Director of Development Services DATE: April 19, 2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: April 27, 2004 ORDINANCE CAPTION: Public hearing to consider vacating and abandoning a 962-square foot triangular portion of the Cheyenne Street right-of-way at its intersection with the Tadton Street right-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract. Ordinance vacating and abandoning a 962-square foot triangular portion of the Cheyenne Street right- of-way at its intersection with the Tadton Street right-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract; subject to compliance with the specified conditions and the owner replatting the property within 180 days at its expense; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 63, Page 97, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Staff recommends that payment of the fair market value be waived for the proposed 962- square foot triangular portion of the intersection of the Cheyenne Street and Tadton Street public rights-of-way adjacent to Lot 20C, Block 1, Patrick Gardens School Tract, because Owner will be dedicating drainage easements of greater area to off-set the proposed abandonment. That the triangular portion of the Cheyenne Street and Tadton Street rights-of-way being vacated and abandoned, be retained as a drainage/utility easement. That the abutting property owners replat their respective properties within 180 days at their expense. REQUESTED BY: B.A. Bailey, l~e~or o.f Development Services DATE: ~"'~" ' \c~c)~ Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 962-SQUARE FOOT TRIANGULAR PORTION OF THE CHEYENNE STREET RIGHT-OF-WAY AT ITS INTERSECTION WITH THE TARLTON STREET RIGHT-OF-WAY ADJACENT TO LOT 20-C, BLOCK 1, PATRICK GARDENS SCHOOL TRACT; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 962-square foot triangular portion of the Cheyenne Street right- of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Pages 97, Map Records Nueces County, Texas, that the owner, Corpus Christi Independent School District (Owner); wishestohave abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right-of-way easement, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. That the 962-square foot triangular portion of the Cheyenne Street right- of-way at its intersection with the Tadton Street right-of-way adjacent to Lot 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Payment of the fair market value will be waived because. Owner will be dedicating other utility easements of greater value to off-set the proposed vacation and abandonment. That the triangular portion of the Cheyenne Street and Tarlton Street rights-of- way being abandoned and vacated, be retained as a drainage/utility easement. That the abutting property owners replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 H:~LEG-DlR~Joseph\ORD-PatGrdns2.doc 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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /~¢, ~' ( ~_ ~ ,2004 By: Ha n~eey ( ~--,(~ Joseph Assistant City Attorney For City Attorney H:~LEG-DIR~Joseph\ORD-PatGrdns2.doc 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: INVe, 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 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIRXJ oseph\ORD-Pat Grdns2.doc DLD BROWNSNLLE Ra4D -z, POST AVENUE "4P �fCT W ru a2FU O ,p NRCINN STREET Sla.� RR^^ CHEYENNE SN= S/ TE 2 f�CN `rH,�ro e MOH WK STREET �y y y� fS O8 C£ R� °� ��'rVAn SEMINOLE .? QO y h� op y e �a o� GLH Sr q�4 F TF gFsgir STREET CLOSURE �.:................. ICf&-AEhM STREET RAUL 0. CASTILLO .� ;A9 Moll J.11,0 OQ LOT 20C, BLOCK 1 PATRICK GARDENS SCHOOL TRACT o �cAnoN MAP 7`// C/ � EXHIBIT C NOT 70 SCALE CHEYENNE STREET CLOSURE GOLDSTON ENGINEERING, INC. PRGJ. No.AO3422-00 DATE: 4-08-04 DWG. ry �ti T\17 LOT IS BLOCK i Yq Sh,N°T 0,1, \ sr 0 00 <OT G ^, A oT (7 V Gj�V 0 0 LOT 20B by / PROPOSED ELE / SCHOOL BUILDI VOLUME 8, PAGE 26 M.R. ,C.T VOLUME 8.1 PAGE 26 M.R. .C.T. VIRGINIA \ BLOG 1 \ \ PATRICK GARDENS SCHOOL TRACT \ \ VOLUME 63, PAGE 97 LOT \ \ M. R. N . T. \\\ MENTA NG qc f io 5 'vr 7 O,�ST NCT OP"(y OT 87 J �,9�F�c�, 0 \ 20' DRAINAGE EASEMENT \ \ VOL 292, PGS. 122-123 VOL. 292, PGS. 124-125 \ \ D.R.N.C.T. RY \\\ RIGHT OF WAY CLOSUR�\ \ 962 SQUARE FEET (TO BE RETAINED AS DRAINAGE/UTILITY EASEMENTS) Q0 Lh \ �Q / co 01^ 0 � B \ POe� `OT eIOC�? PO OJ I��C9.pLf VOT GRAPHIC SCALE (S):NC.'T°f O 1201 240' 1 1 20' I I 20C VOLUME 8� PAGE 26 MR C.T 25' YARD REOUIRFMENT�-, z- 25' YARD REQUIREMENT - CHEYENNE STREET (50' RIGHT OF WAY) -11 PATRICK GARDENS 18 �P \ BiLIME A, PAGE 47 LOT 19 1 L07 O � O � POQP1 y.e �-�5•u'f sT RfF? RAUL A CASTILLO ow GOLDSTON ENGINEERING, INC. '.4_ .7061 y -*�, oun LOT 77 LOT 20C. BLOCK 1 EXHIBIT C PROJ. NO. A03422-001 DATE: 4-08-04 N 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 27, 2004) Case No.: 0304-05~ Larry S. Spaller: A change of zoning from an "A-2" Apartment House District to an "AB" Professional Office District. The property is in C. A. Meuly's Addition, Block 5, Lots 10, 11 and 12, located on the northeast comer of Hancock Avenue and Sixteenth Street (Crosstown Expressway). Planning Commission and Staff's Recommendation (03/24/04): Approval. Requested Council Action: Approval of the "AB" District and adoption of the attached ordinance. Purpose of Request: Development of a child care center. Summary: · Applicant requesting "AB" Professional Office District in order to develop property with a child care center, · Child care center to handle approximately 80 children with 1 director, 7 teachers and 1 cook in a single story 3520 sqnarc foot building. · Normal hours of operation will bc from 6:00 a.m. to 6:30 p.m. · Subject properly is vacant and abuts single-family residences along its north and east boundary linc. · 6-lane expressway adjacent to the west of subject property. · Proposed child care center complements existing philanthropic facility (Salvation Army) to the south. · Uses permitted in "AB" District are compatible to residential uses. · Proposed development will require 6-foot screening fence along north and east property line. · New development will require compliance with landscape regulations. · South Central Area Development Plan supports "AB" uses compatible with abutting residential uses. · Since the subject property has direct access to a freeway and is across from another service facility, the proposed use would not adversely impact the adjacent area. The proposed "AB" District permits uses that are compatible with the abutting residential uses. The proposed child care center and "AB" zoning is consistent with the adopted South Central Area Development Plan, Policy B.4. The policy states that "professional office uses are generally with single and multi-family development..." Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Agenda Memorandum Case No. 0304-05 (Larry S. Spaller) Page 2 Notification: Of the 22 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. Gunning, AICP / '~ Assistant Director of Development Service~] MG/MSS/er Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLN-DIR~ERMA\WORD~AGENDM EM~2004\03044)5AGENDAMEMO.DOC CITY COUNCI'L ZONING REPORT Case No.: 0304-05 Planning Commission Hearing Date: March 24, 2004 Applicant: Larry S. Spaller Owner: Andrea L. Corona Agent: None Property Address/Area: C. A. Meuly's Addition, Block 5, Lots 10, 11 and 12, located on the northeast comer of Hancock Avenue and Sixteenth Street (Crosstown Expressway). From: "A-2" - Apartment House District To: "AB" - Professional Office District Area: 0.343 acre (14,934 square feet) Purpose of Request: To develop site with a child care center. Zoning Land Use Site "A-2" District Undeveloped North "A-2" District Single-family residences South "R-lB" District Philanthropic agency (Salvation Army) East "A-2" District Single-family residences West "A-2" Districts Crosstown Expressway · Applicant requesting "AB" Professional Office District in order to develop property with a child care center · Child care center to handle approximately 80 children with 1 director, 7 teachers and 1 cook in a single story 3520 square foot building. · Normal hours of operation will be from 6:00 a.m. to 6:30 p.m. Zoning Report Case No. 0304-05 (Larry S. Spaller) Page 2 · Subject property is vacant and abuts single-family residences along its north and east boundary line. · 6-lane expressway adjacent to the west of subject property. Proposed child care center complements existing philanthropic facility (Salvation Army) to the south. Uses permitted in "AB" District are compatible to residential uses. Proposed development will require 6-foot screening fence along north and east property line. · New development will require compliance with landscape regulations. · South Central Area Development Plan supports "AB" uses compatible with abutting residential uses. ~ ~ Area Development Plan: South Central ~ ~ Map: J15A (70-14) a, ._~ Zoning Violations: None Street Type Paved Section Volume 16th Street (Crosstown Freeway Variable width 17,084 Expressway) a.d.t. Hancock Avenue Local 50-foot right-of-way with None 28-foot back-to-back paved available. section. Since the subject property has direct access to a freeway and is across from another service facility, the proposed use would not adversely impact the adjacent area. The proposed "AB" District permits uses that are compatible with the abutting residential uses. The proposed child care center and "AB" zoning is consistent with the adopted South Central Area Development Plan, Policy B.4. The policy states that "professional office uses are generally with single and multi-family development...". Zoning Report Case No. 0304-05 (Larry S. Spaller) Page 3 Approval of the requested "AB" District. Approval of the requested "AB" District. Notices Mailed - 22 Favor - 1 (owner) Opposition - 0 Attachments: Zoning map Comment Received H:~PLN-DIR\ERMA\WORD~ZONRPTSX2004\03044)5CCREPORT.DOC _EMAN AVE. · / A-2 o MORRIS OLEMAN STREET TENSION TO SUBJECTPARCEL R-1E BUFORD STREET 03~5~4/AS Case Z0304-05 Notice Map NORTH 0 100 200 Feet CITY PLANNING COMMISSIONO PUBLIC HEARING NOTICE Case No. 0304-05 Larry S. Speller has petitioned the City of Coipus Christi to consider a change of zoning from "A-2" Apartment House District to "AB" Professional Office District on the property described below: C. A. Meuly's Addition, Block 5, Lots 10, 11, and 12, located on the northeast corner of Hancock Avenue and Sixteenth Street. The Plarming Commission may recommend to the City Council other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will hold a public hearing on Wednesday~ March 24~ 2004 at 5:30 p.m. The hearing w ill be held in the City Council Chambers, 1201 Leopard Street, to discuss and formulate a recommendation to the City Council. You are invited to attend this public hearing to express your views on this petition. For further information, please call (361) 826-3560. Si usted desea dirigirse a la comision y su ingles es limitado, habra un interprete del espafiol al ingles en la junta para ayudarle. Para mas informacion, favor de llamar al Departamento de Servicios dc Desarrollo al (361) 826-3560. Disabled persons planning to attend this meeting, who may require special services, are requested to contact the Planning Department at least 48 hours in advance. NOTE: This petition should not be discussed with individual members of the Planning Commission prior to the heating. IN ORDER TO BE ON RECORD, THIS FORM MAY BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER, AND MAILED TO THE DEPARTMENT OF DEVELOPMENT SERVICES, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. (ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.) Ptease print , 7.ELEPHONE NO. ~ ~'~) O~ ,~/-iL ( ~ IN FAVOR ( ) IN OPPOSITION REASONS: Signature SEE MAP ON REVERSE SIDE Mailed on 03/12/04 H:XPLN-DIR~ERMA\WORD~NOTICES~2004X0304~)5PCNOTICE.DOC Planning Commission Minutes March 24, 2004 0304-05 - Larry S. Spaller REQUEST: Change of zoning from "A-2" Apartment House District to "AB" Professional Office District to develop the property with a child care center. Mr. Miguel S. Saldafia, City Planner, provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file.) He stated there were 22 notices were mailed of which one was received in favor and none in opposition. There were questions regarding landscaping requirements. There will be landscaping required along both sides as well as a 6~foot screening along the rear and north side of the property. Chairman Beflanga opened the public hearing. Chairman Berlanga called Mr. Larry Spaller, 1305 S. Bay, forward and questioned the safety of children, being so close to the freeway. Mr. Spaller said that the children would not go outside unless being dropped offor picked up by a parent. The playground is in an enclosed area. There will be a 6 foot solid wood fence to the rear and on one side of the building. There will be a 15 foot fence on the ends of the building with locked access gates only opened when the children are supervised. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Zamora to recommend approval. Motion passed with all present. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LARRY S. SPALLER, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 10, 11 AND 12, BLOCK 5, C. A. MEULY'S ADDITION, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Larry S. Spaller 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, March 24, 2004, during a meeting of the Planning Commission, and on Tuesday, April 27, 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; WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 10, 11 and 12, Block 5, C. A. Muely's Addition, located on the northeast corner of Hancock Avenue and Sixteenth Street (Crosstown Expressway), from "A-2" Apartment House District to "AB" Professional Office 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 I 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:~EG-DIR~JOSEPH~ZONING..O4~Z030405A.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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~. [ ~ ~ By: JoseP/~HH ar/ne~,~- Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~.EG-DIR~JOSEPH~ZONING-04~_030405A.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-04~.030405A.DOC 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 27, 2004) Case No.: 0304-07~ Nueces County Community Action Agency: A change of zoning from an "A-I" Apartment House District and a "B-4" General Business District to a "R-lB" One-family Dwelling District. The property is in Bohemian Colony Lands, Section 7, being 20.24 acres out of Lot 8, located southwest of Holly Road and Martin Street intersection. Planning Commission and Staff's Recommendation {03/24/04}: Approval. Requested Council Action: Approval of the "R-lB" District and adoption of the attached ordinance. Purpose of Request: Development of a 101-lot residential subdivision. Summary: · Change of zoning from "A-I" Apartment House District and "B-4" General Business District. · The subject property consists of 20.24 acres proposed as a 101-lot single-family subdivision. · The "R-lB" District allows for a minimum lot area of 6,000 square feet. · The proposed 10 l-lot subdivision could generate 1,010 average vehicle trips. Access for the property could be provided along Holly Road, an arterial, with a rural pavement section and along Martin Street, a residential collector. Traffic generated by the proposed single-family subdivision can be accommodated by this roadway. · Properties north of the subject property, across Holly Road, are undeveloped and zoned a "BM" General Business Distrct and "I-2" Light-Industrial Distrct developed with an industrrial center. · South of the subject property is a school zoned with a "R-lB" One-family Dwelling Distrct and an undeveloped tract zoned a "R-1 C" District. · Properties east and west of the subject property are zoned "R-lB' One-family Dwelling District and "R-lC" One-family Dwelling District and are developed with single-family residences. The subject property is in the Westside Area Development Plan area. The future land use map indicates medium-density residential land use for this property. Overall, the Comprehensive Plan Elements are supportive of the proposed "R-1 B" One-family Dwelling District. The proposed "R-1 B" District on the subject property is an expansion of the low-density residential districts to the east and west. Applicant's Position: The applicant concurs with Planning Commassion and Staff's recommendation. Agenda Memorandum Case No. 0304-07 (Nueces County Community Action Agency) Page 2 Notification: Of the 66 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 lq. Gunning, AICP Assistant Director of Development Services MG/FGM/er Attachments: 1) Zoning Report 2) Planning commassion Minutes 3) Ordinance H:~PLN-DIR~ERMA~WORD~AGENDMEM~2004~0304-07AGENDAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0304-07 Planning Commission Hearing Date: March 24, 2004 Applicant: Nueces County Community Action Agency Owner: Same as applicant Agent: Joe A. Martinez Property Address/Area: Bohemian Colony Lands, Section 7, being 20.24 acres out of Lot 8, located southwest of Holly Road and Martin Street intersection. From: "A-I" Apartment House District and "B-4" General Business District To: "R-lB" - One-family Dwelling District Area: 20.24 acres Purpose of Request: Development of an 101-lot residential subdivision. Zoning Land Use Site "A-I" & "B-4" Districts Undeveloped North "I-2" District Offices, warehouse and turbine facility South "R-1C" District Sinl~le-family residences, school & undeveloped land East "R-lB" Districts Single-family residences West "R-lC" District Single- family residences Stafffs Summary: · Change of zoning from "A-1" Apartment House District and "B-4" General Business District to a "R-lB" One-family Dwelling District. · The subject property consists of 20.24 acres proposed as a 101-lot single-family subdivision. Zoning Report Case No. 0304-07 (Nueces County Community Action Agency) Page 2 The "R-lB" District allows for a minimum lot area of 6,000 square feet. The proposed 10 l-lot subdivision could generate 1,010 average vehicle trips. Access for the property could be provided along Holly Road, an arterial, with a rural pavement section and along Martin Street, a residential collector. Traffic generated by the proposed single-family subdivision can be accommodated by this roadway. Properties north of the subject property, across Holly Road, are undeveloped and zoned a "B-4" General Business District and "1-2" Light-Industrial District developed with an industrial center. South of the subject property is a school zoned with a "R-lB" One-family Dwelling District and an undeveloped tract zoned a "R-lC" District. Properties east and west of the subject property are zoned "R-I B' One-family Dwelling District and "R-lC" One-family Dwelling District and are developed with single-family residences. The subject property is in the Westside Area Development Plan area. The future land use map indicates high-density residential land use for this property. Overall, the Comprehensive Plan Elements are supportive of the proposed "R-lB" One-family Dwelling District. The proposed "R-lB" District on the subject property is an expansion of the low-density residential districts to the east and west. The "R-lB" District amends the land use plan from high-density residential to low-density residential. m ~ Area Development Plan: Westside ADP ~ '-~ Map:I14D ~ ... Zoning Violations: None Street Type Paved Section Volume Holly Road Rural Arterial 40' ROW w/19'rural sec. 3,404 Plarmcd-90' ROW w/66' a.d.t. Bk to Bk paved sec. Martin Street Residential 60'ROW w/28' Bk. to Bk. NA Collector Planned- Same as current Dorado Street Local 50'ROW w/28' Bk. to Bk. NA Planned- Same as current Zoning Report Case No. 0304-07 (Nueces County Community Action Agency) Page 3 The Westside Area Development Plan future land use map recommends medium- density residential for the subject properly. The "R-lB" District provides for a lower-density than recommended by the Plan and is an extension the single- family development east and west of the request. Approval of the "R- lB" District. Approval of the "R- 1B" District. Notices Mailed - 66 -, Opposition - 0 Attachments: Zoning map H:~PLN-DIR~ERM A\WORD~ZONRPTS~2004~3044)TCCKEPORT.DOC ,~ /. B-4 o~-o~-o.~ Caso Z0304-07 Noti¢o Map . ~.~..~,o..o,.~,,.~ ~..,~,....~.,~,.,.~ NORTH : 0 150 300 Feet Planning Commission Minutes March 24, 2004 0304-07 - Nueces County Community Action Agency REQUEST: Change of zoning from "A-I" Apartment House District and "B-4" General Business District to "R-1B" One Family Dwelling District to develop a 10 l-lot residential subdivision. Ms. Goode-Macon provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file.) She stated there were 62 notices mailed of which one was received in favor and one was received in opposition. The school south of the property is a special emphasis school so it may not serve all of the nearby children. Mary Frances Teniente, Assistant Director of Special Services, without having the driveway ordinance in hand, estimated that there would be 2 - 3 exits required onto Holly Rd. Improvements for this area arc in the long range plans for improvement. Chairman Berlanga opened the public hearing and called Sid Sweatt, 7010 Tamarron, forward to speak. Long range plans for the subdivision do not include access directly to Holly Road. The existing City traffic plan includes the extension of E1 Monte Street towards Martin with a cul-de-sac on the end. The same with applies with Modesto Street. There are 101 lots to be constructed within a 3 year period. There is an access point planned on the subject property that extends to Carolyn Street which intersects with Martin Street. Commissioner Berlanga stated that an altemative access onto Holly Road would have to be address. Applicant was encouraged to meet with Mary Frances Teniente at their earliest convenience. No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Amsler to recommend approval. Motion passed with all present. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NUECES COUNTY COMMUNITY ACTION AGENCY BY CHANGING THE ZONING MAP IN REFERENCE TO BOHEMIAN COLONY LANDS, SECTION 7, BEING 20.24 ACRES OUT OF LOT 8, FROM "A-'I" APARTMENT HOUSE DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "R-1 B" 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 Nueces County Community Action Agency 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, Mamh 24, 2004 during a meeting of the Planning Commission, and on Tuesday, April 27, 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 20.24 acres out of Section 7, Lot 8, Bohemian Colony Lands, located southwest of Holly Road and Martin Street intersection, from "A-I" Apartment House District and "B-4" General Business District to "R-1 B" One- family Dwelling District, as shown on the attached Exhibit. (Map 114D) 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:~EG-DIR~JOSEPH~ZONING-04~0304-07REG U LAR.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 Oi~ 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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~; Joseph'H~rney~ -"~' Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIRUOSEPH~ZONING-O4\0304-07REGULAR.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-04\0304-07REG U LAR.DOC APR-1G-2004 12~50 FROM:CITY OF CORPUS CHRIS ~618~65560 STATE OF TEXAS COUNTY OF NUECES T0:98803~39 P.~xlO FIELD NOTES FOR A 20.24 ACRES TRACT OUT OF. LOT 8, SF, C~O'N 7, BOHEMIAN COLONY LANDS, RECORDED IN VOLUME A, PAGE 48, MAP RECORDS OF NUECES COUNTY, TEXAS BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NOR~ST CORNER OF LO 7, BLOCK 11 CANO PLACE UNIT 2 SUBDIVISION RECORDED IN VOLUME 61, PAGE 191, MAP RECORDS OF NUECES COUNTY, TEXAS, ON THE RIGHT-OF WAY LINE OF HOLLY ROAD, BEING TH~ NORTHWEST CORNER OF SAID TRACT AND POINT OF BEGINNING ~CE S 61 30'00' E, ALONG THE SOUTH RIGHT OF WAY LINE OF HOLLY ROAD, FOR A DISTANCE OF 673.77 FEET TO A 518 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S 29 00'40" W ALONG THE W RIGHT -OF WAY LINE OF MARTIN STREET, FOR A DISTANCE OF 1300.35 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF TFIIS TRACT; THENCE lq 61 30'00" W FOR A DISTANCE OF 679.00 ~ TO A 5/8 INCH ROD FOUND FOR THE SOUTHWEST CORNER OF THIS TRACT; ~CE lq 29 -00'00" E ALOlqO THE EAST BOUNDARY OF CAHO PLACE IYN1T 2, FOR A DISTANCE OF 1120.34 FEET TO A 5/$ INCH IRON ROD FOIYND, FOR AN EXTERIOR CORNER OF SAID TRACT THEIqCE 8 61 30'00" E FOR A DISTANCE OF 5.00 FEET, TO A 5/8 INCH IROlq ROD FOIJIqD, FOR AIN IN'I'b3RIOR COP, lqER OF SAID TRACT THENCE S 29 00'00" W, 150.01 FEETzro 'rl.TM ,xIOR~ZI'I~EST CORtqER OF THIS TRACT AlqD ~ PLACE OF BEGINNING, CONTAIlqING 20.24 ACRES, OF LAND MORE OR LESS. O,5Oq'- o'"1 MPR-16-2~04 12:51 FROM:CITY OF CORPUS CHRIS 3618265560 T0:98805239 p.sxlO 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 27, 2004) Case No.: 0304-08~ George Thamaravelil: A change of zoning from a "F-R" Farm-Rural District and "B-Y' Business District to a "R-1B" One-family Dwelling District on Tract 1 and "B-Y' Business District on Tract 2. The property is in Flour Bluff and Encinal Farm and Garden Tracts, being 27.72 acres out of Section 21, Lots 15 and 16, located on the northeast comer of Yorktown and Cimarron Boulevards. Planning Commission and Staff's Recommendation (03/24/04): Approval. Requested Council Action: Approval of a "R-lB" District on Tract 1 and a "B-3" District on Tract 2, and adoption of the attached ordinance. Purpose of Request: Development of a 91 -lot residential subdivision on Tract 1, and tmspecified commercial development on Tract 2. Summary: · Change of zoning from "F-R" Farm-Rural District and "B-Y' Business District to "R-1B" One-family Dwelling District on Tract 1 and "B-3" Business District on Tract 2. · Tract 1 consists of 22.63 acres proposed as a 9 l-lot single-family subdivision and one unbuildabte lot consisting of 2.67 acres proposed as a lake, totaling 25.30 acres. · The proposed 91-lot subdivision could generate 910 average vehicle trips. · Preliminary plat shows one access point provided along Cimarron Boulevard for Tract 1. · Cimarron Boulevard is an arterial that is currently improved with a rural pavement section. The projected traffic generated by the proposed single-family subdivision can be accommodated by this roadway. · Tract 2 consists of 2.42 acres and is proposed for unspecified commercial development. · Preliminary plat indicates Tract 2 will be incorporated into the remaining 2-acre "B-Y' Business District area located between Tract 2 on along Yorktown Boulevard. · The preliminary plat proposes a 2-lot development for Tract 2 and the remaining "B-3" Business District area, located between Tract 2. · Access for Tract 2 and the remaining "B-3" Business Dish'ict area is proposed along Yorktown and Cimarron Boulevards. General commercial uses normally generate 40.67 average vehicle trips per 1,000 feet of gross floor area. A 3,000 to 6,000 square foot commercial building on Tract 2 and the remaining "B-3" Business District area could generate between 122 and 244 average vehicle trips. Yorktown and Ciman'on Boulevards are currently improved as rural arterials but could accommodate traffic generated from the proposed commercial development on Tract 2 and the remaining "B-3" Business District area. Agenda Memorandum Case No. 0304~08 (George Thamaravelil) Page 2 Tracts 1 and 2 are located in the Southsida Area Development Plan area. The future land use map recommends Tract 1 develop as general commercial. However, due to the existing "R-lB" One-family Dwelling District to the west and the remaining "F-W' Farm-Rural District to the north and west, all of which allows for single-family development, an "R-lB" One-family Dwelling District could be supported for Tract 1. The "R-lB" District amends the land use plan from general commercial to low-density residential for Tract 1. The future land use map recommends Tract 2 develop as general commercial. The "B-3" Business District is consistent with the adopted plan. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 13 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. Gunning, AICP {/ Assistant Director of Development Services MG/FGM/er Attachments: l) Zoning Report 2) Planning comrrassion Minutes 3) Ordinance H:~P LN-DIR~ERMA\WORD~AGENDM EM~2004\0304~)8AGENDAMEMO.DOC CI'TY COUNCI'L ZONING REPORT Case No.: 0304-08 Planning Commission Hearing Date: March 24, 2004 Applicant: Owner: Agent: George Thamaravelil Same as applicant Naismith Engineering, Inc.- David Underbrink Property Address/Area: Flour Bluff and Encinal Farm and Garden Tracts, being 27.72 acres out of Section 21, Lots 15 and 16, located on the northeast comer of Yorktown and Cimarron Boulevards. From: "F-R" Farm-Rural District and "B-3" Business District To: Tract 1- "R-lB" One-family Dwelling District Tract 2- "B-3" Business District Area: Tract 1- 25.30 acres Tract 2- 2.42 acres Total acres- 27.72 acres Purpose of Request: Tract I- 91-lot residential subdivision Tract 2- Unspecified commercial development Zoning Land Use Site "F-R" & "B-3" Undeveloped land Districts North "F-R" District Undeveloped land South "B-4" District Undeveloped land East "R-lB" District Undeveloped land and mini-storage use West "R-lB" &"B-4" Undeveloped land and single-family residences Districts Staff's Summary: · Change of zoning from "F-R" Farm-Rural District and "B-3" Business District to "R-lB" One-family Dwelling District on Tract 1 and "B-3" Business District on Tract 2. Tract 1 consists of 22.63 acres proposed as a 91-lot single-family subdivision and one un-buildable lot consisting of 2.67 acres proposed as a lake, totaling 25.30 acres. Zoning Report Case No. 0304-08 (George Thamaravelil) Page 2 The proposed 9 l-lot subdivision could generate 910 average vehicle trips. Preliminary plat shows one access point provided along Cimarron Boulevard for Tract 1. Cimarron Boulevard is an arterial that is currently improved with a rural pavement section. The projected traffic generated by the proposed single-family subdivision can be accommodated by this roadway. Tract 2 consists of 2.42 acres and is proposed for unspecified commercial development. Preliminary plat indicates Tract 2 will be incorporated into the remaining 2-acre "B-3" Business District area located between Tract 2 on along Yorktown Boulevard. The preliminary plat proposes a 2-lot development for Tract 2 and the remaining "B-3" Business Disthct area, located between Tract 2. ' ' " " .... al n Access for Tract 2 and the remaining B-3 Business D~stnct area ~s proposed o g Yorktown and Cimarron Boulevards. General commercial uses normally generate 40.67 average vehicle trips per 1,000 feet of gross floor area. A 3,000 to 6,000 square foot commercial building on Tract 2 and the remaining "B-3" Business District area could generate between 122 and 244 average vehicle trips. Yorktown and Cimarron Boulevards are currently improved as rural arterials but could accommodate traffic generated from the proposed commercial development on Tract 2 and the remaining "B-3" Business District area. Tracts 1 and 2 are located in the Southside Area Development Plan area. The future land use map recommends Tract I develop as general commercial. However, due to the existing "R-lB" One-family Dwelling District to the west and the remaining "F-R" Farm- Rural District to the north and west, all of which allows for single-family development, an "R-lB" One-family Dwelling District could be supported for Tract 1. The "R-lB" District amends the land use plan fi.om general commercial to low-densily residential for Tract 1. The future land use map recommends Tract 2 develop as general commercial. The "B-3" Business District is consistent with the adopted plan. ~ ..~ Area Development Plan: Southside ADP ~ ~ Map: G16C ~ ~ Zoning Violations: None Zoning Report Case No. 0304-08 (George Thamaravelil) Page 3 Street Type Paved Section Volume Yorktown Road Rural Arterial 100' ROW w/24'rural 12,348 paved section a.d.t. Planned-120' ROW w/100' Bk to Bk paved section Cimarron Boulevard Rural Arterial 80'ROW w/24' rural 11,382 section a.d.t. Plarmed-120' ROW w/100' Bk to Bk paved section The Southside Area Development Plan future land use map recommends Tract 1, proposed for "R-lB", develop commercially. However, the proposed "R-lB" District is an acceptable designation for the subject property in that it expands the low-density residential designations existing to the north, east and west. Tract 2 is supported by the Southside Area Development Plan future land use map that recommends commercial development occur at the intersection of Yorktown and Cimarron Boulevards. Tract 1 - Approval of the "R-lB" District Tract 2 - Approval of the "B-3" District Tract 1 - Approval of the "R-1B" District Tract 2 - Approval of the "B-3" District Zoning Report Case No. 0304-08 (George Thamaravelil) Page 4 Notices Mailed - 13 Favor - 1 Opposed - 0 Attachments: Zoning map H:kPLN-DIR~ERMA\WORD~ZONRPTS~2004~0304-08CCREPORT. DOC o3.o8-o4,As Case Z0304-08 Notice Map Planning Commission Minutes March 24, 2004 0304-08 - George Thamaravelil REQUEST: Change of zoning from F-R" Farm Rural District and "B-Y' Business District to "R-lB" One-family Dwelling District on Tract I for a 91-lot residential subdivision and to "B-3" Business District on Tract 2 for unspecified commercial development. Ms. Goode-Macon provided a slide illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file.) She stated there were 13 notices mailed of which one was received in favor and none were received in opposition. Commissioner Mims had concerns that Cimmaron and Yorkrtown Boulevards were reaching capacity at their current design. She further requested that staff provide information as to when improvements on these listed roadways are anticipated. Faryce Goode-Macon stated that staffhas a list of street improvements throughout the city that are listed as unfunded, long range projects. At this time, Yorktown and Cimmaron Boulevards are on the list. Commissioner Berlanga stated that with the amount of development in progress, could the Commission and Staffprovide a report and inform City Council of the street needs. Barbara Bailey, Director of Development Services answered in the affirmative. Mary Frances Teniente provided information that Cimmaron, Boulevard between Saratoga Boulevard and Yorktown Boulevard, is included in the Transportation Improvement Program, FY 04-06 (TIP) and is funded for planning at this point. Commissioner Mims stated that the area may have a major safety problem in the near future. Michael Gunning, Assistant Director of Development Services communicated that Staffneeds to continue relaying information to Engineering on the impact of development on the City Street System. Barbara Bailey stated that Staffwill prepare a report identifying what areas are being developed and where Waffle concerns are. Staffwill also amend agenda items to give an idea of the timeframe involved on these projects as they are available. Chairman Berlanga opened the public hearing. Chairman Berlanga called David Underbrink, 4501 Gollihar representing Mr. George Thamaravelil forward to answer questions. No one appeared in favor or opposition. Public hearing was closed. Motion by Richter, seconded by Zamora to recommend approval. Motion passed with all present. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE THAMARAVELIL BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, BEING 27.72 ACRES OUT OF SECTION 21, LOTS 15 AND 16 FROM "F-R" FARM-RURAL DISTRICT TO 'R-lB' ONE-FAMILY DWELLING DISTRICT - TRACT I AND FROM "F-R" FARM-RURAL DISTRICT TO "B-3" BUSINESS DISTRICT- TRACT 2; 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 George Thamaravelil 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, March 24, 2004, during a meeting of the Planning Commission, and on Tuesday, April 27, 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 27.72 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 21, Lots 15 and 16, located on the northeast corner of Yorktown and Cimarron Boulevards, from "F-R" Farm-Rural District to "R-1B" One- family Dwelling District - Tract 1 and from "F-R" Farm-Rural District to "B-3" Business District- Tract 2, as shown on the attached Exhibit. (Map G16C) 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. H:~LEG-DIR~JOSEPH~ZONING-04\0304-08REGULAR.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph Hi/arney Assistant City Attorney For City Attorney 2004 Samuel L Neal, Jr. Mayor, The City of Corpus Christi H:~EG-DIR~JOSEPH~ZONING-O4\0304-08REGULAR.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, RespecCully, Samuel L. Neal, ,Ir. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel b Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOS E P H~_ON ING-04\0304-08 REG U LAR.DOC EXHIBIT A Application for Change of Zoning Smte of Texas Tract 1 R-tl County of Nueces Fieldnotes for a 25.3 acre tract of land, more or less, being a pordon of Lots 15 and 16, Section 21, 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: BEGINNING at a point on the east right-of-way line of Cimarron Boulevard, for the northwest comer of this tract, from which comer the common comer of Lots 8 and 9, Section 10, and Lots I and 16, Section 21, bears Noah 61° 00' 00" West 20.00 feet; Thence, along the common line of Lots 1, 2, 7, and 8, Section 21, and the north line of this tract, South 61° 00' 00" East 969.76 feet to a point for the northeast comer of this tract; Thence, South 28° 52' 41" West 1264.80 feet to a point in the north right-of-way line of Yorktown Boulevard, the dedication of said tight-of-way as recorded in Volume 273, Page 177, Deed Records of Nuec~ County, Texas, 60.00 feet from and measured perpendicular to the common lot line of Lots 15 and 18, Section 21, and the centerline of Yorktown Boulevard, for the southeast comer of this tract; Thence along said north right-of-way line North 61° 01' 16" West 290.00 feet to a point in said north right-of-way line, for a comer; Thence North 28° 58' 44" East 170.00 feet for an interior comer of this tract; Thence North 61° 01' 16" West 679.76 feet to a point in said east fight-of-way line, 20.00 feet from and measured perpendicular to the common lot line of said Lot 9, Section 10, and said Lot 16, Section 21, and the centerline of said Cimarron Boulevard, for a comer; Thence along said east fight-of-way line North 28° 52' 41" East 1,094.91 feet to the Point of Beginning. APR-16-~004 12:5~ FROM:CITY OF CORPUS CHRIS 5618265560 T0:98803~39 03/09Z04 13:28 FAX ~61 814 4a01 NAISMITH ENGINEERING P.5~10 ~ool EXHOrt A Application for Change of Zoning Tract F-R to B-3 State of Texas County of N,mce~ Fielclnotes for two tracts of land, a total of 1.13 ac~s, more or less. being portions of Lots 15 and 16, Section 21, Plour Bluff and Falcinai Farm and Garden Tracis, a map of which is recorded in Volume A, Pag~ 41-43, Map Record~ of Nueces County, Texas: Pan I BEGINNING at a point on the east r/ght~of-way I/ne of C/man'on Boulevard, for tha northwest comer of this u-a~, from which comer the common comer of Lots 8 and 9, Section 10, and Lots I and 16, Section 21, bears North 28° 52' 41" East 1,03730 feet and North 61° 00' 00" West 20.00 feet; Thence South 61° 00' 00 . = 309.76 feet to a Ix)mt for the northeast comer of thru tract, Thence South 28° 52' 41" We~r 170.00 feet to a point in the north right-of-way line of Yorktown. Boulevard, as recorded/n Volume 273, Page 177, Deed R~ol'ds of Nucces County, Texas, 60.00 feet from and measur~ pe~pundlcular to the common lot line of Lots 15 and 18, Section 21, and the cant~rline of Yorktown Boulevard, for the southeast corner of ibis Waet; Thence along said north right-of.w~7 l/ne Noah 61° 01' 16" West 109.76 feet to a po/nt in said north right-of-way line, for a corne~ Thenc~ along said north ri~,dat-0f-way llne North 34° 28' 34" West 223.76 feet to a point m said east fight-of-way line, 20.00 feet from and mcazured p~pond/¢ular ~o the commun lot line of said Lot 9, SeCt/o~ 10, and said Lot 16, Section 21, and the centedinc of said Cimarron Boulevard. for a come~, Thence alOng said east fight-of-way linc Nof/h 28o 52' 41" l~t 70.25 feet to thc Point of Beginning, and containing 0.98 acres, more or less. Qase q ~PR 16-~004 12:53 FROM:CITY OF CORPUS CHRIS 3618263560 T0:98805259 0S/09'/04 i~:28 FAX 351 S14 4~I NAI$~ITH ENGINEERING P~6~10 Pan 2 BBGINNINO at a point on the no~h fight-of-way linc of Yorktown Boulevard, for the southwest comer of this tract, from which corner the southwest comer of Lot 15, Section 21, bears South 280 58' 44" West 60.00 feet; Thence North 28° 52' 41" Eas~ 170.00 feet to a point on the common linc of Lo~ 15 and 16, said $~ctJon 21, for thc nott. hwest comer of this tra~t; Thencc South 61° 0i' 16" East 40.00 feet to a point for thc northeast comer of this wact; Thtmce South 28~ 52' 41" West 170.00 feet to a point in sa/d north right-of-way line, for the southw~t corner of this tract; Thence along said north right-of-way line North 61 ° 01' 16" Wcst 40.00 feet to Re Point of Bcghming, and containing 0.16 acres, more or less. APR-16-2004 12:54 FROM~CITY OF CORPUS CHRIS 5618265560 T0:98805259 0~/09~04 13:~9 FAX 3~1 ~14 4~01 NAIS~ITH ENGINEERING P,7×10 BXHI]51T A Application for Change of Zoning Tract 2 B-3 Continued State of Texas CountyofNu~-~ Fieldnotes for a 1.29 acm tract of land, more or less. being a potion of Lot 16, Section 21, Flour Bluff and Encinai Farm and Garden Tracts, a mag of which is n~corded in Volume A, Pages 41-43, Map Records of Nu~ea County, Texas: BF_~31HNI~G at a point on the north fight-of-way line of Yorktown Boulevard, for the southeast comer of this tract, from which corncr thc aouthcest comer of Lot 16, $cctiun 21, bears South 28D ~8' 44" West 60.00 feet; Thence along said north right-of-way line North 61~ 01' 16" West 330_00 feet to a point in said north right-of-way line, for thc southwest comer of this tract; Thence North 28° 52' 41" Bast 170.00 fcct to a point for thc northwest comer of this tract; Thence South 61° 01' 16 Bast 330.00 fcct to a point on the common hne of Lots 15 and 16, said Section 21, for the northeast comer of this tract; ']l~nce along said common line South 28° 52' 41" West 170.00 feet to the Pohtt of 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: April 27, 2004) Case No.: 0304-09~ Al Mostaghasi: A change ofzoinng from an "A-I" Apartment House District to a "R-lB" One-family Dwelling District. The property is in Flour Bhiffand Encinal Farm and Garden Tracts, Section 18, being 21 acres out of Lots 17, 18, 31, and 32, located south of Holly Road and 1,000 feet east of Airline Road. Planning Commission and Staff's Recommendation (03/24/04): Approval. Requested Council Action: Approval of a "R-lB" One-family Dwelling District and adoption of the at~ached ordinance. Purpnse of Request: Development of a 91 -lot residential subdivision. Summary: · Change of zoning from "A-1" Apartment House District to "R-lB" One-family Dwelling District. · Subject property is an unplatted tract consisting of 21 acres. · The "R-1B" District allows for single-family development on lot areas not less than 6,000 square feet. · The single-family subdivision will contain 9 l-lots that could generate 910 average vehicle trips. ,, Preliminary plat indicates subject property will be included with the overall development plans for the "A-I" Apartment House District and "B-I" Neighborhood Business District txacts to the south. · Access to the properly as shown on the preliminary plan is along Holly Road, Daly Drive and Hardwick Drive. · Holly Road is an arterial roadway that could accommodate the projected traffic generated by the proposed single-family subdivision. · Daly Drive, a rural local roadway, provides access to the subject property along the north boundary area that connects directly to Williams Drive, a rural collector. · Hardwick Drive, a local street, provides access to the property along the northeast boundary area. · The proposed "R- lB" District is an expansion of the "R- lB" District to the north and east. The Southside Comprehensive Area Development Plan's future land use map recommends the subject property develop as multi-family. An "R-lB" District development provides for a lower residential density than allowed by right under the current "A-I" Apartment House District. Generally, the "R-lB" District could be supported, since it provides for residential uses that are similar to the residential developments to the north and east. The "R-lB" District amends the land use plan from high-density residential to low- density residential. Agenda Memorandum Case No. 0304-09 (Al Mostaghasi) Page 2 Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the eighty-seven notices mailed to the surrounding property owners, two (2) were returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. ector of Development Services MG/FGM/er Attachments: 1) Zoning Report 2) Planning Cormmssion Minutes 3) Ordinance H:hOLN-DIR~ERIvIA\WORD~AGENDM EMX20(gI\03044)9AGENDAM EMO.DOC CTTY COUNCTL ZONI'NG REPORT Case No.: 0304-09 Planning Commission Hearing Date: March 24, 2004 Applicant: AL Mostaghasi Owner: Same as applicant Agent: Naismith Engineering, Inc.- David Underbrink Property Address/Area: Flour Bluff and Encinal Farm and Garden Tracts, Section 18, being 21 acres out of Lots 17, 18, 31, and 32, located south of Holly Road and 1,000 feet east of Airline Road. From: "A-I" Apartment House District To: "R-lB" One-family Dwelling District Area: 21 acres Purpose of Request: Development of a 91-lot resid[ntial subdivision. Zoning Land Use Site "A-I" District Undeveloped land North "R-lB" District Single-family residences South "A-I" & "B-I" Districts Undeveloped land East "R- 1B" District Single-family residences West "A-I" &"B-4" Districts Multi-family & undeveloped land Staff's Summary: · Change of zoning from "A-I" Apartment House District to "R-lB" One-family Dwelling District. · Subject property is an unplatted tract consisting of 21 acres. Zoning Repor~ Case No. 0204-09 (Al Mostaghasi) Page 2 The "R-lB" District allows for single-family development on lot areas not less than 6,000 square feet. The single-family subdivision will contain 91-lots that could generate 910 average vehicle trips. Preliminary plat indicates subject property will be included with the overall development plans for the "A-I" Apartment House District and "B-I" Neighborhood Business District tracts to the south. Access to the property as shown on the preliminary plan is along Holly Road, Daly Drive and Hardwick Drive. Holly Road is an arterial roadway that could accommodate the projected traffic generated by the proposed single-family subdivision. Daly Drive, a rural local roadway, provides access to the subject property along the north boundary area that connects directly to Williams Drive, a rural collector. Hardwick Drive, a local street, provides access to the property along the northeast boundary area. The proposed "R-lB" District is an expansion of the "R-lB" District to the north and east. The Southside Comprehensive Area Development Plan's future land use map recommends the subject property develop as multi-family. A "R-lB" District development provides for a lower residential density than allowed by right under the current "A-I' Apartment House District. Generally, the "R-lB" District could be supported, since it provides for residential uses that are similar to the residential developments to the north and east. Area Development Plan: Southside ADP Map: H16D Zoning Violations: None Street Type Paved Section Volume Daly Drive Rural local 50' ROW w/24'rural paved N/A section Planned-50' ROW w/28' Bk to Bk paved section Hardwick Drive Local 50'ROWw/28'mral section N/A Planned- Same Zoning Report Case No. 0204-09 (Al Mostaghasi) Page 3 The Southside Area Development Plan future land use map recommends multi-family development. The "R-1B" provides for a lower density residential development than multi-family development. Generally, the proposed "R-1B" District is consistent with the "R-lB" Development to the north and east. The "R-lB" District amends the land use plan from high-density residential to low-density residential. Approval of the "R- 1B" District Approval of the "R- 1B" District Notices Mailed - 87 ~ ~ Favor -2 Opposed - 0 Attachments: Zoning map Comments Received H:XPLN-D1R~ERMA\WORD~ZONRPTS~004\03044)9CCREPORT.DOC o3-o8-o4,As Case Z0304-09 Notice Map 0 250 500 Feel Please print ( ~ IN FAVOR ( ) IN OPPOSITION OITY OF GORPLI',5 CHR!ST! na:',,/ELO P M E NT sERV!CE$ OWNER, AND MAILED TO THE DEPARTMENT OF DEVELOPMENT SERVICES, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. (ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC P~CORD.) ADDILESS: . ( ) r~ V^vo~ ([,),~o?eosrno~ Mailed on 03/12/~ CI3'Y OF CORPUS CHRISTI DEVELOPMENT S ERVIC[~, Planmng Commission Minutes March 24, 2004 0304-09-AIMostaghasi REQUEST: Change of zoning from "A-I" Apartment House District to "R-lB" One-family Dwelling District for the development of a 91 lot residential subdivision Ms. Goode-Macon provided an illustration of the subject property and the surrounding area. (Zoning Report and tape recording on file.) She stated there were 87 notices were mailed of which two were received in favor and none were received in opposition. Concern was voiced on access to Holly and Airline Roads. The Commission and audience were informed that the applicant owns the area south of the subject property fronting Holy Road. Preliminary plans indicate an access point from Holly Road traversing the subject property. Chairman Berlanga opened the public hearing Chairman Berlanga called David Underbrink, 4501 Gollihar representing Mr. Mostaghasi forward to answer questions. Mr. Underbrink informed the Commission that one major entrance (forty feet wide) along Holly Road will connect to Daly and Hardwick Drives. A total of three access points will be provided for the subject property No one appeared in favor or opposition. Public hearing was closed. Motion by Salazar, seconded by Richter to recommend approval. Motion passed with all present. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL MOSTAGHASI BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 18, BEING 21 ACRES OUT OF LOTS 17, 18, 31, AND 32, FROM "A-I" APARTMENT HOUSE DISTRICT TO "R-lB" 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 Al Mostaghasi 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, Mamh 24, 2004, during a meeting of the Planning Commission, and on Tuesday, April 27, 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 21 acres out of Section 18, Lots 17, 18, 31, and 32, Flour Bluff and Encinal Farm and Garden Tracts, located south of Holly Road and 1,000 feet east of Airline Road, from "A-I" Apartment House District to "R-1B" One- family Dwelling District, as shown on the attached Exhibit. (Map H16D) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflec~ the amendment to the Zoning Ordinance made by Section I 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:~EG-DIR~JOSEPH~ZONING-04\0304-09REGULAR.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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED -'~'/7./ Joseph H~rne;~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIRUOSEPH~_ONING-04\0304-09REGULAR.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 VVilliam Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~EG-DIR~JOSEPH~ZONING-04\0304-09REGULAR.DOC H~-lb-~UU~ l~:bD P~UM:EI1Y OF CORPUS CHRIS ~618261560 T0:9880~219 P.Bx10 EXI-Im IT A Application for Change of Zoning State of Texas C~unty ofNueces Fieldnotes for a 21 acre tract of land, more or less, being a portion of Lots 17, 18, 31, and 32, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4143, Map Records of Nueces County, Texas: BEOINNING at a point on the southeast lot line of Lot 31, Section 18, and the west line of Briarwood Subdivision Unit 3, a map of which is recorded in Volume 38, pages 112 and 113, Map Records of Nueces County, Texas, for the most southerly comer of this tract, from which comer the most southerly comer of said Lot 31, bears South 29° 02' 00" West 380.00 feet; Thence North 61° 00' 00" West 539.64 feet for the most southerly west comer of this tract; Thence North 29° 02' 00" East 399.41 feet for an interior comer of this tract; Thence North 61° 00' 00" West 140.00 feet for a comer of this tract; Thence North 29° 02' 00" East 28.86 feet to the point of tangency of a circular curve to the left, whose radius point bears North 61° 00' 00" West, said curve having a central angle of 25° 06' 41", a radius length of 860.00 feet, a tangent length of 191.53, andan arc length of 376.92 feet, for a comer of this tract; Thence, in a northeasterly direction, with said circular curve to the left, 376.92 feet to a point in a circular curve to the fight, whose radius point bears North 07° 47' 44" East, said curve having a central angle of 21° 33' 26", a radius length of 1,520.00 feet, a tangent length of 289.37, and an arc length of 571.89 feet, for a comer of this tract; Thence, in a northwesterly direction, with said circular curve to the fight, 571.89 feet to a point in the southeast line of Lot 15, Block 4, Candlewood Annex, a map of which is O__.o s O' oq OCl Fad 01 � ill i I L_ HOLLY ROAD Layout C 36.4 Acres Residential Potion 21.0 Acres Lots = 91 Multi -family Portion 9.5 Acres Lots = 1 Commercial Potion 5.4 Acres Lots = 2 Holly Homes Subdivision smc r•zv NAISM" ENGNM NG, INC. aO�Y 4W4tiM1 OYWMI �LYw 4W[L•OO 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: April 27, 2004 AGENDA ITEM: CITY STAFF PRESENTER(S): Name 1. Ronald F. Massey Downtown Streetcar System (Trolley) Title Assistant City Manager - Public Works/Utilities OUTSIDE PRESENTER: Name 1. Linda Watson 2. Alan Wulkan Title/Position General Manager Project Manager Organization Regional Trans. Authority PB Consult ISSUE: Update on Downtown Streetcar System (Trolley) BACKGROUND: The Regional Transportation Authority is in the process of conducting an environmental assessment study in conjunction with the City, Port of Corpus Christi, Metropolitan Planning Organization, and Downtown Management District. Linda Watson and Alan Wulkan will provide an update on the status of the project. Ronald F.~ Assistant City Manager Rosie Cortez - Project Status DTS Wulkan.ppt ......... p~9~ ,,q i Rosie Cortez- Pro ect Status DTS W~ik~n~pt - ........... Pa~ 2 Rosie Cortez- Pioject statu~ DTS W~lk~nlppt - ' P~g~3 ] Completed In-Progress Next Steps - - - -- - -- Rosie Cortez Project Status DTS Wulkan.ppt Page 5] _R o_sie _C~ort_ e_z - p~r o_je~_ct_st _at~ s_pT_S_W~ulka_n _pp_t . P~g ~-6 ] i Rosie Cortez ....... - Project Status DTS Wulkan.ppt m__~ __~Page.. Rosie Cortez- Project ~;tatus D~'S W~ik~n.ppt~ ............ ~_~ i Rosie Cortez - Project Status DTS Wuikan.ppt Page 9 i i Rosie Cortez - .............. Project Status DTS Wulkan.ppt ................... Page 10-~i ~R_o. si~e_~rte~z: Project Status _DTS~W_ul_k_a__n._p_p~t ......... Pa~ ! 1.~ i F~os_i~C(~_rtez£ Proj~e_c~St~a~u~ DTS Wulkan.ppi .... .............. ~ ...... __ Pag~ 1~i~ i Rosie Cortez - Project Status DTS Wulkan.ppt .............. · p~g~ , _RO~i~ _C_orte_z_-_??je~c!_Status DTS Wutkan ppt ....... Pa~e 1~ i Rosie Cortez - Project Status DTS Wulkan. ~'a~e~5 I i .................. ppt I Rosie Cortez- Project Status DTS Wulkan.ppt ............. .......... Pa~e' 1~__6. } i R?~sie~C_?.~ez- Proje~c.t_ Status DTS Wulkan.ppt _ -- '_--' , ~"i~j Rosie Cortez- Projec~Statu~ ~TS v~ulkanppt - ' . .- ~ :- .... -- Page'~8~ i Rosie certez - Proje~ status DTs Wulkan.ppt I ~i~ortez - Proje~t"~t-a~ DTS ~lk~ni~pt Page 207 i Rosie Cortez - Project Status DTS Wulkan.ppt i R~i~e cortez~- Projec~t _Status~.D_'~:~-~lkan,pp~ ..... ~e :~'~'i i Rosie Cortez - Project Status DTS WulkarLppt ....... ~ P~;3~ Rosie Cortez - Project Status DTS Wulkan ppt Page 25 j i 'R~si~'(~.~te~7~roj~'t*Stat~ DTS Wulka~n:p. pt - _ - ._ _ ' ..... Pa~ge26~ bRosie__~C~)rtez - Pro ec{, siatus DTS Wulkan.ppt~ Rosie ~ortez - Project Status DTS-W~anZpp[ ...... ~ ..... p~ge_~28 Project status E~-T~ii<-~i~i~ ...... Pa~e 29 i' ' Rosie Cortez 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the 2003 Velocity Games and plans for the 2004 Velocity Games scheduled for Memorial Day Weekend at McGee Beach. STAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose ACM/Interim Director of Park and Recreation OUTSIDE PRESENTER(S): Michael Reyes, President and Chief Creative Officer, ideal Worldwide ISSUE: Council Member Scott requested a presentation on the 2003 Velocity Games. Mr. Reyes will also discuss plans for the 2004 Velocity Games scheduled for Memorial Day Weekend at McGee Beach. REQUIRED COUNCIL ACTION: None Required e, Assistant City Manager Interim Director, Park and Recreation Department 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi Regional Economic Development Corporation Quarterly Report OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Ron Kitchens, CEO/President, CC Regional Economic Development Corp. ISSUE: Quarterly update to City Council regarding current economic development issues and efforts by the Corpus Christi Economic Development Corporation to encourage and cause retention, expansion and recruitment of industrial, manufacturing, distribution and service employers. REQUIRED COUNCIL ACTION: No action required. Additional Background [] Exhibits [] Ma~ McDan~l f Assistant City Manager 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of General Fund Five Year Financial Forecast. STAFF PRESENTER(S): Name Title/Position Department 1. Mark McDaniel ACM-Support Services ISSUE: For the last several years, the City Council has been presented with a five year General Fund financial forecast prior to consideration of the City Manager's proposed budget for the following fiscal year. Although city staff is still in the process of compiling and balancing a proposed budget for FY 2004-2005, the five year forecast provided under this item includes preliminary estimates and projections which may be used for fiscal planning purposes. BACKGROUND: Since 1997, the City Council has adopted financial policies on an annual basis just prior to consideration of the proposed budget. These policies, along with the use of a five year General Fund financial forecast, have helped to enhance financial management practices and have played a significant role rebuilding the City's unreserved fund balance. The result has been improvements to the City's bond ratings and significant cost savings for issuance of new debt. REQUIRED COUNCIL ACTION: None [VI~ ~k Mc-D~t~iel~ ACM - Support Services FY2004-05 Budget Development CorpusChrWU kwand mwkmma4 11111r DISCUSSION ITEMS A Fiscal Historical Perspective General Fund D Five Year Financial Forecast Budget Calendar D ACTION ITEM City Council Financial Policies p General Fund Revenues by Source Mun. Court $4.9 3% Sales Tax $35.1 23% Industrial District $6.1 4% Admin Charges Other $5.6 $12.1 4% 8% Property Tax $43.4 29% Reimbursements $6.6 4% Franchise Fees $16.6 11% Solid Waste $20.4 14% General Fund Expenditures by Category Development Svcs. $6.4 r 4% Solid Waste Services � $15.9 10% Street Services $9.7 6% Parks & Rec. $13.9 9% Library Svcs $3.7 2% Health Services $3.9 2% Non -Departmental $5.6 4% General Government $15.9 10% FdAIA Public Safety $79.7 53% Ad Valorem Tax Net Taxable Values 1995 1996 1997 1998 1999 2000 2001 2002 2003 Tax Year Total Net Values t—% Change —Linear (% Change) 7% 5% 4% 3% 2% 1% 0% corpuschristi bftd i $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 it Projected Impact of Proposition 13 1 2 3 4 5 6 7 8 9 10 Year Estimated Tax Levy Lost to Prop 13 --o—Add'I 1 cent tax equivalent needed for levy loss 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 Sales Tax Collections (1% to General Fund) 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003* 2004" Fiscal Year � Total Collected t% Change Linear (% Change) 10% 9% 8% 7% 6% 5% 4% 3% 2% 1% 0% * 2003 Audited & 2004 Estimate CmpusChdsti hohd M ell 11111, $7,000,000 $6,000,000 $5,000,000 Industrial District Payments in Lieu of Taxes $2,000,000 $1,000,000 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003' 2004' Fiscal Year Payments t% Change /O D�O Din * 2003 Audited & 2004 Estimate CorpusChrisd °`ted Franchise Fee Revenue $20.0 $18.0 $16.0 $14.0 $12.0 $10.0 $8.0 $6.0 $4.0 $2.0 $0.0 1997 1998 1999 2000 2001 2002 2003* 2004* Fiscal Year ® CABLE ■ CPL ❑ TELECOM * 2003 Audited & 2004 Estimate Building Permit Activity (Values) 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Fiscal Year ® Residential ■ Comriercial CorpusChristl bftd General Bonded Debt 2.50% 2.00% 1.50% 1.00% MIRTeYi 0.00% M�t 19M, 1MR, 1997 19R2 1w 24JI 2001 2002 2003 Fiscal Year -f- % of Net Bonded Debt to Assessed Value CorpusChftU bgtd Comparison of G.O. Debt/Capita 11111.1 Carrollton Plano Houston Austin Arlington Fort Worth Pasadena Waco Laredo Corpus Christi Lubbock Mesquite Beaumont Wichita Falls Abilene Killeen McAllen Amarillo $- $200 $400 $600 $800 $1,000 $1,200 $1,400 $12,000,000 $10,000,000 ',: 111 111 ' .111 111 G. � 111 111 $2,000,000 Lam General Fund Unreserved Fund Balance 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 Fiscal Year Fund Balance --$—Operating Expenditures as a % of Fund Balance 10 /0 4 /0 4 Five Year Financial Forecast CorpusChristi MEOW, Financial Forecast Assumptions 11111.1 Revenues • Property Tax Revenue: 4% growth FY04-05; 3% thereafter • Industrial District Payments: 3% • Sales Tax Revenue: 3% annual growth . Other: • Franchise Fee Revenue — only slight growth • Solid Waste Revenues — rate increase to fund new current year debt • Most Other Revenue Growth - 2% corpLwChftU Financial Forecast Assumptions Expenditures . Salary Adjustments - • Years 3-5 of Compensation Plan Implementation • Skill Based Pay/Merit Allocations • Projected Sworn Personnel Salary Adjustments — Pending Fire Negotiations • Continuation of Drag Up Reserve • Continuation of Salary Savings (approx. 4%) • Annual Police & Fire Academies • No New Positions CorpwChrM Financial Forecast Assumptions Expenditures (Continued) . Health Insurance Premiums — 19%-15%-14% increase FY04-05; Average of 10% increase/yr. thereafter . Regular Capital Items: • 35 Patrol Car Replacements Each Year • One Fire Engine/Year * One Ambulance Replacement/Year Co p wairisu Financial Forecast Assumptions ,lull Expenditures (Continued) . Pending Items (Not Accounted For): • O & M Costs Related to Bond 2004 Projects • Landfill Expansion/Development Options • Detention Center Costs • Juvenile Court • Impact of Proposition 13 Financial Forecast Forecast Forecast ' 2004-051 2005-06 2006-071 2007-081 2008-09 Est. Unreserved Fund Balance - 8/1 $ 11,544,161 Total Revenues 151,354,169 li $ 11,944,161 154,759,333 $ 12,794,161 li $ 13,844,161 158,179,743 161,690,630 $ 14,894,161 165,288,266 Total Expenditures 154,678,635 Adjustment to Balance 04-05 1 161,051,044 168,273,503 175,978,591 183,722,767 3,324,467 '', 3,324,467 3,324,467 2,967,245 2,967,245 2,967,245 3,324,467 Adjustment to Balance 05-06 Adjustment to Balance 06-07 3,802,048 3,802,048 Adjustment to Balance 07-08 4,194,201 Subtotal 154,678,635 157,726,578 161,981,791 165,884,831 '', 169,434,806 Adjustment to Balance Current Revenues to Current Expenditures 3,324,467 2,967,245 3,802,048 4,194,201 4,146,540 Anticipated Budget Surplus 400,000 850,000 1,050,000 1,050,000 1,000,000 % of Total Expenditures 0.26% 0.54% 0.65% T 0.63% 0.59% Est. Unreserved Fund Balance - 7131 $ 11,944,161 $ 12,794,161 $ 13,844,161 $ 14,894,161 $ 15,894,161 Balance as % Operating Exp. 7.72% 8.11% 8.55% 8.98% 8.65% % After Reimbursements & Transfers 8.55% 9.01% 9.50% 10.00% 10.47% Budget Calendar APRIL 27 — Financial Policies & General Fund 5 -year Financial Forecast Presented to City Council MAY 4— City Council Planning Retreat 25— City Manager submits FY03-04 Proposed Budget to City Council. First Budget Discussion (Summary Presentation of Proposed Budget) Corpusairisd bftg Budget Calendar I (1 (Continued) I I JUNE 8— Second Budget Discussion w/City Council (General Fund Overview) 15 — Third Budget Discussion w/City Council (Enterprise Fund Overview) 22 — Fourth Budget Discussion w/City Council (Other Funds Overview) JULY 13 — Public Hearing on Budget; Summary Discussion 20 — First Reading — Budget Adoption Ordinance 27 — Second Reading — Budget Adoption Ordinance. Receive Certified Roll CogxzChristi City Council Financial Policies No Changes Recommended, Reaffirm 10% Fund Balance Goal Questions and Comments.? 26 CITY COUNCIL AGENDA MEMORANDUM April 27, 2004 AGENDAITEM: Resolution reaffirming Financial Policies adopted by Resolution No. 023319 and providing a policy to maintain the fund balance for the General Fund at an adequate level. ISSUE: The City's Financial Policies require annual adoption by the City Council before the end of May. These Policies serve as a basis for preparing the City's annual budget. The attached Resolution reaffirms the policies in effect. REQUIRED COUNCIL ACTION: Adoption of Resolution reaffirming the City's Financial Policies. Debbie A. Marroquin Acting Director of Manage~lent and Budget Attachments: Resolution BACKGROUNDINFORMATION Since 1997, the City Council has adopted financial policies on an annual basis just prior to consideration of the proposed budget. These policies, along with the use of a five year General Fund financial forecast, have helped to enhance financial management practices and have played a significant role rebuilding the City's unreserved fund balance. The result has been improvements to the City's bond ratings and significant cost savings for issuance of new debt. RESOLUTION REAFFIRMING FINANCIAL POLICIES ADOPTED BY RESOLUTION NO. 023319 AND PROVIDING A POLICY TO MAINTAIN THE FUND BALANCE FOR THE GENERAL FUND AT AN ADEQUATE LEVEL WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Our Mission is to provide the citizens of Corpus Christi, collectively, excellent quality products and highly responsive services in the areas of: Infrastructure Needs (including water, wastewater, gas distribution, solid waste, aviation and streets); Protective Services (including law enforcement, fire and health); Quality of Life Enrichment (including housing and community development, libraries, cultural and leisure activities); Economic Development (including support of existing economic bases and encouragement of growth); and Development Services (including engineering, planning and inspection...)"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it is prudent to adopt financial policies and actions to rebuild General Fund ending balances to acceptable levels and ensure that those levels are maintained in future years; WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; and reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, Resolution No. 023319 requires City Council to reaffirm the financial policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted by each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY2004-05 proposed budget in April 27. 2004 Financial Policies.doc 2 accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. SECTION 2. Current Revenues Equal/Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. SECTION 3. Fund Balance Reserve/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unreserved fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10%) percent of total annual General Fund appropriations, excluding anticipated reimbursements and inter-fund transfers, within five years. The City Manager shall report on the progress toward achievement of this ten (10%) percent goal at least annually as part of the budget process. Unique situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve. The City Manager shall note these situations in the budget and in financial reports presented to the City Council on a quarterly basis. SECTION 4. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise and special revenue funds of the city. SECTION 5. Multi-Year Financial Forecasting. The City will maintain a five-year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. The City shall also maintain business plans and/or rate models for enterprise operations. SECTION 6. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. SECTION 7. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. SECTION 8. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Apd127, 2004 Financial Policies,doc SECTION 9. Debt Affordability Reviews/Disclosure Practices. The City Manager shall maintain strong debt management practices as evidenced by types and methods of financing approved by the City Council. Debt affordability reviews will consider overall exposure between invested assets and external debt issuance. Debt disclosure will include measures beyond the standard audited financial statements and publications. These measures must incorporate disclosure of material events impacting the financial status of the City. Additional financial report disclosures will go beyond GASB 34 requirements and may include supplementary information sections and data on demographics and other key statistics. SECTION 10. Debt Service Fund Balance. In order to provide additional financial security, the General Obligation Debt Service Fund will maintain an acceptable level of fund balance to cover a substantial portion of the subsequent year principal and interest debt obligation. SECTION 1t. Debt Retirement Practices. The City shall not issue debt for a term that exceeds the useful life of the asset or project being financed. In assessing the desirability to refund existing debt, the City shall use a benchmark of at least three percent (3 %) net present value savings. The City shall not refund debt for a period beyond original maturity dates. SECTION 12. Capital Improvement Plans/Funding. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three-year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resoumes identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 21st day of April, 2004. Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor April 27, 2004 Financial Policies.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 Apd127, 2004 Financial Policies.doc 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 27, 2004 AGENDA ITEM: Motion authorizing the City Manager, or the City Manager's designee, to enter into an agreement with the Junior League of Corpus Christi, Inc. to provide two $50,000 annual payments for the design and construction of a skate park in Corpus Christi, Texas, subject to annual appropriation of funds. ISSUE: The City Council has made a commitment to the community to support the construction of a public skate park. REQUIRED COUNCIL ACTION: Approve the agreement with the Junior League and provide funding for the construction of a skate park facility. PREVIOUS COUNCIL ACTION: Approval of $50,000 in funding for a skate park in the FY03-04 budget approved in July of 2003. FUNDING: Funding for the first year of this project was identified and placed in the Maintenance Services Fund 5110. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Margie C. Rose, Assistant City Manager Interim Director of Park and Recreation Attachments: Contract BACKGROUNDINFORMATION As far back as 2000, Council has understood the need for a skate park. Since that time there have been a variety of ideas on how to fund building skate parks to meet community needs. The Junior League voted in April 2003 to raise money to pay for a new skate park in the city. The Junior League has identified that approximately $350,000 to $375,000 is needed to build a skate park. Upon the execution of the proposed agreement and subject to annual appropriation of funds by the City, the City shall make two annual payments of $50,000 to be used by the Junior League for the design and construction of a skate park. It is anticipated that construction will begin by June 2005. Once the construction is complete, the Junior League will gift the skate park to a nonprofit entity for ownership and operation for public use. AGREEMENT This Agreement ("Agreement") is made between the City of Corpus Christi, Texas ("City"), a municipal corporation, and The Junior League of Corpus Christi, Inc. ("Junior League"), a Texas nonprofit corporation. WHEREAS, the Junior League desires to develop and facilitate construction of a skate park facility ("Skate Park") for public use to be located in Corpus Christi, Texas. WHEREAS, the Junior League desires to girl the Skate Park to a qualified entity-for ownership and operation for public use (the "Project"). Qualified entity means a non-profit entity, municipality or political subdivision of the State of Texas; WHEREAS, the Junior League has requested that the City provide funding for the Project of $100,000 over a two year period as a match for an approximately 25,000 square foot facility costing approximately $350,000 to $375,000; WHEREAS, the City and Junior League agree that public funds may be spent to serve a legitimate public purpose and a clear public benefit is received in return; and WHEREAS, the City and Junior League agree that in order to protect the public's investment, sufficient public controls must be in place on this transaction to ensure that the public purpose is carried out. Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the Junior League (each, the "Party"), authorized by appropriate actions of their governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement is to provide funding to the Junior League for the development and construction ora Skate Park by the Junior League, which shall be gifted to a qualified entity for ownership and operation (the "Project"). 2. Responsibilities of the Junior League. a) The Junior League shall use funds provided under this Agreement for development and construction of the Skate Park for public use to be located in Corpus Christi, Texas. The Junior League shall provide records regarding use of funds provided under this Agreement. b) Design and construction of the Skate Park shall be under the supervision of the Junior League. After construction of the Skate Park is complete, the Junior League shall gift the Skate Park to a qualified entity for ownership and operation for public use. c) The Parties anticipate that the Skate Park construction shall begin by June 30, 2005. 4/22/2004 1 d) The Junior League agrees to promptly repay City funds provided under this Agreement upon 10 days written notice if the funds are not expended as provided in this Agreement by June 30, 2006 unless both parties agree to an extension of this Agreement. 3. Responsibilities of the City. Upon the execution of this Agreement and subject to annual appropriation of funds by the City, the City shall pay to the Junior League $50,000 by May 15, 2004 and pay a second payment of $50,000 by April 30, 2005, to be used for the development and construction of a Skate Park by the Junior League. 4. Indemnification. Junior League must indemnify and hold City, its officers, employees or agents ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injary or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the design or construction of the Skate Park; the performance of this Agreement; an act or omission, negligence or misconduct on the part of Junior League, or any of its agents, servants, employees or contractors entering upon the Skate Park during the design and construction of the Skate Park whether authorized with the expressed or implied invitation or permission of Junior League or not; when any injury or damage is the result, proximate or remote, of the violation by Junior League or Junior League's invitees of any law, ordinance, or governmental order of any kind; when any injury or damage may in any other way arise from or out of the use of the Skate Park during its design and construction by any person, whether authorized to use the Skate Park or not; or whether the injury, loss, or damage is caused by the sole or contributory negligence of the Indemnitees or any of them. These terms of indemnification shall be effective upon the date of execution of this agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if such damage or injury may result from gross negligence or willful misconduct of Indemnitees. Junior League covenants and agrees that, in case Indemnitees shall be made a party to any litigation against Junior League or in any litigation commenced by any party other than Junior League relating to this Agreement and the design and construction of the Skate Park contemplated in this Agreement, Junior League shall and will pay all costs and expenses, including reasonable attorneys' fees and court costs incurred by or imposed upon Indemnitees by virtue of any such litigation. 5. Implementation. The City Manager and President of the Junior League are authorized and directed to take all steps necessary or convenient to implement this Agreement. 6. Warranty. This Agreement has been officially authorized by the governing body of the City, and the Junior League and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement. 4/22/2004 2 7. Administrative Services. The City and the Junior League agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 8. Appropriation of Funds. This Agreement is subject to the City's appropriation of sufficient funds for this Agreement. 9. Effective Date. This Agreement shall take effect upon execution by both Parties. 10. Severability. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. 11. Oral and Written Agreements. All oral or written Agreements between the Parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Compliance with Laws. The Parties shall perform all of its activities under this Agreement in compliance with all Local, State and Federal ordinances, codes, laws and regulations. Junior League shall ensure that the Skate Park is developed and constructed in compliance with all Local, State, and Federal ordinances, codes, laws and regulations. 13. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 14. Civil Liability to Third Parties. Each Party shall be responsible for any civil liability for its own actions under this Agreement, and shall determine what level, if any, of insurance or self- insurance it should maintain for such situations. 15. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or Co) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 4/22/2004 3 To Junior League: The Junior League of Corpus Christi, Inc. President 123 N. Carrizo Corpus Christi, Texas 78401 16. No Waiver. No waiver of any provision of this Agreement or the breach of any provision of this Agreement, constitutes a waiver of any subsequent breach of the provision of the Agreement. No waiver of any provision, or the breach of any provision of this Agreement, justifies or authorizes the nonobservance on any other occasion of the provision or any other provision of this Agreement. 17. Amendments. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. 18. Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 19. Assignment. No Party may assign or encumber this Agreement, without the prior written consent of the other Party. 20. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 21. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that (a) the parties have expressly agreed survive the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Agreement. 22. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in Nueces County, Texas. 23. Approval. All Parties identified below agree to the provisions and terms of this Agreement. THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC. By: Name: Title: Date: 4/22/2004 4 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2004, by , [NAME], [TITLE], for The Junior League of Corpus Christi, Inc., a Texas non-profit corporation, on behalf of The Junior League of Corpus Christi, CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ,2004, by George K. Noe, City Manager for the City of Corpus Christi, Texas, on behalf of the City of Corpus Christi. Notary Public, State of Texas Attest: By: Armando Chapa City Secretary Approved as to legal form: ,2004 By: Lisa Aguilar Assistant City Attorney for City Attomey 4/22/2004 5 SkatePark '0 Project Ju for League of PV JUNIOR LEAGUE OF CORPUS CHRISTI Women building better communities Vision ogether we can build a better future by responding to community needs, serving as a catalyst for positive change, and enhancing the skills and talents of our membership. SkatePark Signature Project • After several years of researching, JLCC determined that Corpus Christi needs a high quality skate park. SkatePark Goals • JLCC anticipates the park to be completed June 2005 • Upon completion, the SkatePark will be gifted by JLCC SkatePark Facts • The JLCC will build the SkatePark. • The SkatePark will provide a public facility for skateboarding, in-line skating and freestyle biking. • The SkatePark will provide a safe place to skate. • SkatePark will be a professional level facility. • A 25,000 sq. ft. park including viewing areas and facilities. • Outdoor concrete skate parks cost less to maintain. SkatePark Funding • In July 2003, the City of Corpus Christi committed $100,000 • The Junior League of Corpus Christi has committed $50,000 • Currently grant proposals are being submitted • JLCC will not begin construction until 75% of total construction costs are raised 1 rny.'. 4 �� �� ? � � b� �'..`_ i t F, ���,r %" F . � �. r ... �� �. SkatePark Design • Grindline Skateparks, Inc. of Seattle, WA was chosen based on their extensive experience and reputation for designing high quality facilities. • Grindline has the ability to turnkey the project. • They have received multiple awards for their work. Building • The local organization "Women in Construction" are anxious to help us secure in-kind donations. • A "Skater Speak Out" was held to determine how to make it competitive and highly utilized by the skating community. SkatePark Construction • The proposal is for a 100% concrete skate park • Design fee of $8,750 • Separate construction contract • Grindline anticipates the cost to range between $350,000 - $375,000 Proposed Operation Hours • Youth, during CCISD school calendar: Mon. - Fri. 4 p.m. - 8 p.m. Sat. & Sun. School Holidays Noon - 8 p.m. Noon - 8 p.m. • Youth, during Summer Daily Noon - 8 p.m. • Adults (190, year round Daily 6 p.m. -10 p.m. Proposed Fee Schedule • Youth, ages 6-18: Club membership: $20.00/year Skating fee - $20.00 per month, unlimited usage Annual fee options: $200.00/year, includes membership • Adults, ages 19+ T Xvu Monthly fee: $40.00 Daily option: $5.00/day (applies to adults only, not an option for youths) 28 CITY COUNCIL AGENDA MEMORANDUM Date:April 27, 2004 AGENDAITEM: Resolution adopting the FY2004 Consolidated Annual Action Plan which includes the CDBG, ESG and the HOME Programs; authorizing the City Manager or his designee to submit the FY2004 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the FY2004 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. ISSUE: HUD regulations require adoption of the FY2004 Consolidated Annual Action Plan. PRIOR COUNCIL ACTION: On December 9, 2003, the City Council adopted the FY2004 Consolidated Annual Action Plan timetable. On April 20, 2004, the City Council held a public hearing as part of the Citizen Participation Process for projects to be considered and funded through the FY2004 Consolidated Annual Action Plan. REQUIRED COUNCIL ACTION: Consolidated Annual Action Plan. Final adoption and submission of the FY2004 FUTURE COUNCIL ACTION: Acceptance of HUD funds for the FY2004 Consolidated Annual Action Plan and subsequent appropriation of funds for the FY2004 Consolidated Annual Action Plan Program. RECOMMENDATION: Staff recommends adopting the FY2004 Consolidated Annual Action Plan for Community Planning and Development Programs; authorizing the City Manager or his designee to submit the FY2004 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes to the FY2004 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban.~/v, el'opme/~ ~.---"~5'h'~an Wagner, NSl~Acting Director ADDITIONAL SUPPORT MATERIAL Background Information Attachment D AGENDA MEMORANDUM BACKGROUND INFORMATION The FY2004 Consolidated Annual Action Plan will describe the activities and projects to be assisted with funds received under the CDBG, HOME, ESG and other HUD programs that help to meet housing and community development objectives. The City of Corpus Christi is required to receive comments on the proposed FY2004 Consolidated Annual Action Plan for at least 30 days. Comments received will be included and submitted to HUD. The FY2004 Consolidated Annual Action Plan identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (Federal, Non-Federal public and private) in support of those activities. The City received notice in January 2004 that its allocation for the FY2004 Program was $6,251,562. The allocation includes $4,105,000 for CDBG; $1,848,127 for HOME and $154,329 for ESG. The FY2004 Consolidated Annual Action Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) by June 16, 2004 for review and approval for the period August 1, 2004 through July 31,2005. Attached is a listing of FY2004 Consolidated Annual Action Plan projects/activities tentatively adopted at the public hearing on April 20, 2004 for the CDBG, HOME and ESG Programs for your consideration and approval. Revised 04-21-04 FY2004 CDBG Allocation Reprogrammed Funds CITY OF CORPUS CHRISTI FY2004 ANNUAL ACTION RECOMMENDED FY2004 CDBG PROGRAM Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2004 CDBG PROGRAM ATTACHMENT "D" $4,105,000 $547,567 $800,000 $5,452,567 Ben Garza Complex Master Plan Prepare new Master Plan to update Keystone Neighborhood Park. Broadmoor Senior Center Expansion of 3,000 square feet for enhancing educational, nutrition, health and wellness and multigenerational activity modules. Business Resources Center The City of Corpus Christi Business Resource Center (BRC) is requesting funding for salaries that include benefits and administrative costs. The mission of the BRC is to promote the growth of small businesses by providing information and technical assistance on contracting opportunities, certifications, financing, bonding, insurance, business planning and marketing. Current Funding ~ St 19,000 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal "egulations, conducts public hearings/meetings, reviews ~rojects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts ~=nvirenmental assessments of funding projects/activities and .=nforces Davis Bacon federal wage rate requirements. Current Funding ~ $453,364 Clearance of Vacant Properties Program The activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, junk accumulation and other unsightly objectionable or unsanitary matter. The properties will [~e bid out to contractor to clear properties. Liens will be place ~gainst the properties to cover the cost incurred. Current Funding ~ $200,000 Code Enforcement Program This project will fund salaries and benefits for (4) Code Enforcement Inspectors, (1) Project Coordinator and (1/2) Support Clerk. The Inspectors/Project Coordinator are responsible for inspecting within the CDBG Target area for violation of City code and health ordinances. Inspections are =onducted on particular violations. The Inspectors/Project Coordinator will also implement a comprehensive approach to =oordination of multi-departmental teams of city services and programs to address specific needs of each neighborhood. Current Funding ~ $262,110 $35,000 $35,000 $35,000 $488,000 $49,500 $196,181 $171,181 $171,181 $171,181 $566,000 $566,000 $566,000 $513,787 $300,000 $250,000 $200,000 $250,000 $247,000 $247,000 $247,000 $247,000 Comprehensive Planning Assistance The Comprehensive Planning work product for FY 04-05 will be a draft revision to the Corpus Chnsfi Policy Statements. The Corpus Christi Policy Statements were adopted by City Council~ in 1987 and have not been comprehensively revised and 7 updated for over 15 years. The revision and approval process ! 1578,000 $78,000 $78,000 $78,000 will take two years and consolidate Area Development Plans and Citywide Future Land Use and Transportation elements into a single document. In addition, the South Central (downtown) and Mustang Padre Area Development Plans will be updated / completed. Current Funding {~ $75,000 / Demolition Program The removal of unsafe structures is a priority in neighborhood revitalization in the community. The Code Enforcement staff identifies structures that are unoccupied, open and dilapidated. 8 A total of $2,100.00 will be expended for the processing of the ! J $226,485 $215,000 $215,000 $215,000 unsafe structures and a total of $224,385.00 will be expended in / the board up and/or demolition of unsafe structures. Current Funding {~ $215,700 / / Dilworth Park This project will provide the playground unit with a curb system 9 to contain resilient material. This project will also provide for a ! 15215,000 trail system and park furniture on both sides of the park to connect the facilities in the park; including lighting. / Downtown Revitalization In order to create jobs for Iow to moderate income individuals, promote redevelopment in the City's downtown area and the HUD designated Renewal Community, the City of Corpus Chdsti 10 Economic Development Office will undertake a variety of ! 1537,500 $37,500 community and economic development initiatives. One of the strategies for 2004-2005 to accomplish this goal will include providing assistance to businesses and investors who are seeking to redevelop histodc properties. / Economic Development Administration The Economic Development Office is charged with assisting businesses and developers with accessing economic development incentives and programs including Renewal 11 Community incentives, Texas Enterprise Zone incentives, ! I$71'180 Corpus Christi Business and Job Development incentives, tax ! abatement and facilitating and coordinating the redevelopment of downtown Corpus Christi. Current Funding ~ $20,000 / Emergency Home Repair Grant Program Funds are used to provide repair grants up to $6,500 to ! homeowners who are 65 years or older, very iow-income and/or persons with disabilities. The program is designed to only 12 address hazardous conditions related to roofing, heating, ! I $1,000,000 $1,000,000 $1,000,000 $1,000,000 plumbing, electrical and minor structural repairs. It is anticipatedI / that 153 homeowners will be assisted. Current Funding @ $964,595 Water Conservation Pilot Program Funds will be used to initiate an energy and water conservation pilot program. The pilot program is designed to assist very Iow and Iow/moderate income households with lowering their use of electricity, water and gas. Eligible uses will entail replacement of stoves, refrigerators, water heaters, ceiling and wall insulation, replacement of faucets and commodes and repair of small water and gas leaks. Garcia Arts Educ Ctr Area Str Improv. Ph 1&2 Proposal requests additional funds for Right of Way acquisition, relocation and compensation to affected area property owners. Request for street and drainage construction funds for 18th, 17th and Marguerite Street will be submitted in future years. These street improvements will widen pavement, increase parking for local residents and result in sidewalks, driveways and curb and Current Funding ~ $80,000 "HC" Overlay Properties & Potential Historical Marker Program The "Marker Program" provides markers for structures that are designated as "HC" (Historical-Cultural), listed on the National Registry, and those that are classified as "Potential Landmarks." It is anticipated that over the next five years, will be designated historical necessitating marker placement. H. P. Garcia Park Complex Phase I Improvements A. Design and implement general site grading, leveling for conditions to allow future use and proper drainage. B. Plan design and install a trail system with benches and picnic table systems (covered table, BBQ pit and trash container) installed on concrete pads along the trail. Current Funding ~ $80,000 HEB Pool This project will fund to retrofit the pool circulation system. Manshiem Area Drainage Improv. Phase 2 This proposal consists of the construction of Phase 2 that includes the continuation of a drainage culvert with curb inlets, curb and replacement and pavement repair to be extended along Gabriel St. (Sunnybrook to Mansheim) and along Mansheim (Gabriel to apprex 150 I.f. west of Franklin)~ The proposed drainage culvert alignment will require pavement repair and reconstruction of sidewalk, curb, gutter and ddveway in the immediate area of the installation of the underground box culverts. Current Funding ~ $50,000 Micro Enterprise and Small Business Loan Program The City of Corpus Chdsti's Economic Development office in conjunction with the City's Neighborhood Department is submitting an application to HUD for a Section 108 Loan Guarantee Program, which will be approved by July 2004. The City's Economic Development Office will administer between $5,000,000 of loans to micro enterprises and small businesses that are in or locating in Corpus Christi with preference given to projects in or locating to the Renewal Community. $200,000 $276,000 $120,000 $120,000 $120,000 $3,500 $3,752 $122,490 $76,625 $76,625 $76,625 $75,000 $567,500 $37,500 Mortgage Servicing This proposal will provide for staff salaries in connection with the administration of the loans provided through the City's Single Family Rehabilitation Loan Pmgrom. The portfolio consists of approximately 900 loans. Services include collection of loan payments, disbursement of property taxes and annual insurance account. Counseling is provided payment alternatives and establishing payment plans. Current Funding ~ $38,845 Oak Park (Park Area) and reconstruct a restroom in addition g, designing and installing a trail system around park and areas where none exist to allow people to walk and exercise without having to be on the roadway. Phase I Monument Restoration and Site Master Plan Funding first phase of monument restorations. Request also includes site master plan work. *Partially eligible Pro-Delinquency Case Management Project The Juvenile Assessment Center serves as a temporary holding facility for juveniles arrested by law enfomement for violations of the daytime or nighttime curfews or for truancy. Funding is needed to continue Pre-Delinquency case management project. Re-Development Specialist This project will fund staff salaries and benefits for the support of the newly created Neighborhood Initiative Program (NIP). The Specialist will work with the NIP to determine ways to further revitalize the neighborhoods. This may include assisting in the development of vadous infield or new affordable housing projects, commercial redevelopment and assisting citizens in an extensive "neighborhood clean-up" in CDBG eligible target areas. Rehabilitation Services This project will fund staff salades for the support services to very Iow and iow/moderate income persons, such as loan processing; developing specifications and plans; inspections; housing counseling; and other related services associated with the vadous loan and grant programs. Current Funding ~ $545,000 Senior Center Improvements Secure improvements to seven of nine senior centers to ensure safety, health and comfort of older adults, participants and community. Single Family Rehabilitation and Reconstrocflon Loan Program The Single Family Rehabilitation Loan Program provides loans to Iow income homeowners to repair and make improvements to their houses. It is anticipated that 10-15 houses will be rehabilitated and 20-23 will be reconstructed. These funds will also be used to demolish ($80,000) and relocate homeowners ($140,000) being assisted with the reconstruction of their homes. The funds used for demolition and relocation will be considered as a grant to the homeowner. Current Funding ~ $1,133,000 $45,000 $45,000 $45,000 $45,000 $196,000 $100,000 $175,850 $52,357 $52,357 $721,000 $677,407 $558,000 $575,050 $268,000 $163,593 $268,000 $215,806 $1,220,000 $1,220,000 $%133.000 $1,173,000 South Bluff Park 28 Resurfacing/removal of selected tennis courts, and replacement 50 $250,000 of picnic tables, BBQ pits, trash containers, covered pavi[lion and trail system. *Partially eligible Southmoreland Addition Area Str Improv. Ph 3E Proposal consists of construction of 28 ft B-B street pavement curb, gutter, sidewalk, driveways, and underground drainage fo~ Phase 3B. Phase 3B consists of the following streets: Lewis- 29 ,~lemner to Watson approx 300 I.f. Naples Street--Richard tc 51 $881,000 Watson approx 750 I.f. Watson--Ayers to Naples approx 125( I.f. Current Funding ~ $78,000 State School Development Project 30 Site work, drainage, water and sewer line extensions, entry road 52 $250,000 and parking, area installation and area lighting. Sunnybrook, Evelyn, Gollihar, Kostoryz Area Street & Drainage Improv. Ph 2 Proposal consists of the construction of 28 ft B-B street 31 ~avement, curb, gutter, sidewalk, driveways, and underground 53 $714,000 drainage for Ph 2. Phase 2 consists of Helen Street (Gollihar to Sunnybrook) 1250 I.f. and Theresa (Helen to Evelyn) 300 I.f. Current Funding ~ $37,000 Unified Development Code Full funding for the Unified Development Code as originally requested in 2003. In 2003, City Utilities commitment from the Planning Commission to fund the additional $50,000 in the 2004 CDBG. The full amount originally requested is needed to 32 complete the project. Part of the $50,000 requested may be 54 $50,000 $50,000 $50,000 $50,000 used to provide local liaison between the City and the consultants, coordinating meetings with stakeholders and citizens and for printing and publications. Current Funding ~ $75,000 Weed and Seed Program The Weed and Seed Program is a comprehensive multi-agency approach to combating violent crime, drug use and gang activity 33 in high crime neighborhoods. The goals are to "weed" out cdme 56 $60,000 $50,000 $57,748 $50,000 [rom targeted neighborhoods, while at the same time "seed" the target areas with a wide range of cdme prevention programs an¢ Human Services to prevent crime from reoccurring within the target areas. Current Funding ~ $50,000 West Oso Tennis Courts 34 Replacement of old courts with four post-tensioned concrete 62 $250,000 $25,000 courts. This would include demolition of existing courts, replacement of lighting and fencing. Zero Depth Study of CDBG Eligible Pools Funding needed to conduct a study to zero-depth feasibility at 35 CDBG eligible pools; ease of accessibility, increase program 63 $15,000 )ossibilifies, increase attractiveness to target patrons, increase safety for small children and non-swimmers. HEB, TC Ayers and Greenwood pools. City Projects Total $9,990,543 $4,964,806 $4,876,306 $4,892,806 NON PROFIT ORGANIZATIONS 91'1 Park Place, d.b.a. Mission 911 Project includes the completion of a program to serve homeless women, children and families; fencing the perimeter of the property, lighting improvements, landscaping and repair of the parking lot. Capital Contribution $7,500 Accessible Communities, Inc. The Coastal Bend Center for Independent Living Complete phase three of its property improvement for use by persons with disabilities of all ages, with the construction of a new 40' x 90' parking lot and addition of a 8' x 10' canopy between the two buildings on its property. Boys & Girls Club of Corpus Christi Complete Phase III of complex previously started which includes parking, soccer field, concession stand, score boards, bleachers, cement work and main building extedor door. Central Catholic Elementa~j Funds requested to build a covered pavilion to protect students ~rom extreme summer heat or inclement weather conditions cludng sports activities. Capital Contribution $5,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Requesting funds to help renovate four residential buildings located at the main campus at 24 North Country Club Place. Capital Contribution $3,000 Corpus Christi Hope House, Inc. Renovation project to improve the living conditions for residents at two locations. Funds will be used to complete the remaining of the FY2003 project. Corpus Christi Police Athletic League Provide lighting and refurbishing of the baseball fields at T.C. Ayers fields to allow more hours for after school and provide additional safety for the two areas. F2K Intemational {For-Profit) Refurbish long-neglected but historic building at 201 So. Staples St.; create three unit apartments upstairs and establish several shops and garage downstairs. Building will need complete new infrastructure and some repairs to the roof, floor and floor joints. Capital Contribution $50,000 Harbor Playhouse Company Funds requested to replacement of all roof systems on the ~3uilding with the exception of the roof over the office. All roof mashings, as well as the roof membrane and insulation must al be replaced. Capital Contribution $4,616 $68,000 $26,000 $135,820 $92,500 $26,741 $32,000 $87,000 $150,000 $88,500 $50,000 $26,000 $110,000 $26,741 $32,000 $65,000 $50,000 $26,000 $110,000 $26,741 $32,000 $65,000 $88,500 $50,000 $26,000 $110,000 $26,741 $32,000 $87,000 Mary McLeod Bethune Day Nursery, Inc. Funds requested for improvements for Buildings "A", "B" and "C" and the fencing and gates "A" repairs include removing and replacing the metal roof, gutters and downspouts; painting extedor of building and replacing existing furnace/air- conditioning unit; repair shingle roof of "B" along with replacing the gutters and downspouts; replacing 10 existing doors, painting doors and replacing damaged flooring. "C" repairs include replacing existing air conditioner. Repairing all fencing and gates and replacing the existing electdc gate. Capital Contribution $ t 3,500 Metropolitan Community Church of Corpus Christi Repair the built-up front roof areas of the building. Capital Contribution $$,000 Nueces County Community Action Agency Funds to be used to rehabilitate the NCCAA Intake Service Center and Community Neighborhood Council Youth & Senior Center. Co-located on Tract 16 which principally benefit Iow and very Iow income persons. Nueces County Community Action Agency by families from Iow to very Iow income in target areas. Capital Contribution $269,385 South Texas Informer Education, Inc. d.b.a. Access Business & Technology Center Improving, rehabbing Business Incubator and Training Facility building and premises to meet code and ADA requirements, allow better use of space, including adding more classroom and lab space to be able to service more clients. Building leased for 15 years. Texas RioGrande Legal Aid Funds requested for administrative costs to provide legal services to Iow income families for safe and secure housing conditions who lease from property housing ordinances by filing injunctive suits in District Court. Wesley Community Center Funding requested toward the purchase of property for services ~o the community. Capital Contribution $~10,000 YMCA of Corpus Christi improve accessibility to mobility impaired individuals through renovations of restroom area in the men's iocker room. Total Non-Profit Overall Total $139,447 $70,000 $70,000 $70,000 $56,068 $80,956 $80,000 $80,000 $80,000 $80,000 $150,000 $100,000 $50,000 $450,000 $48,020 $28,020 $28,020 $28,020 $1,811,052 $487,761 $576,261 $559,761 $9,990,543 $4,964,806 $4,876,306 $4,892,806 $11,801,595 $5,452,567 $5,452,567 $5,452,567 *Partially Eligible Projects Old Bayview Cemetery Phase I Monument Restoration and Site Master Plan Funding first phase of monument restorations. Request also includes site master plan work. Reason: According to HUD, the master plan work is the only part that is eligible, cannot incur any restoration costa. South Bluff Park Resurfacing/removal of selected tennis courts, and replacement of picnic tables, BBQ pits, trash containers, covered pavillion and trail system. Reason: The resurfacing/removal of selected tennis court is not eligible due to the fees associated with the use of the tennis courts. Non Eligible Projects Corpus Christi Nueces County Public Health District Exterior Marquee: the marquee will be placed in front of the CCNCPH facing Home Rd. It will notify the public of upcoming events, special clinic hours and other pertinent heath information. Walk-way covering: will shield clients/personnel from unforeseen weather conditions, between the main building and the Women, Infant and Child Clinic (WIC) building. Reason: Buildings or portions thereof, used for the general conduct of governmental as defined at 570.3 may not be assisted with CDBG funds. Rosalie (Prescott to Vestal) Sidewalk & Vestal (Shirley to Harriet) Sidewalk Improv. Design and construction of approx 700 I.f. of sidewalk on Vestal between Shidey and Harriet, west side only and apprex 3,150 sidewalk along beth sides of Rosalie Blvd between Prescott and Vestal Streets. included in these improvements is the removal and relocation of fences, removal and replacement of driveways and curb ramps. Reason: According to the 2000 Census, this area is not CDBG eligible. Does not meet a National Objective. Goodwill Industries of South Texas, Inc. Improve approx 19,000 square feet of asphalt parking lot area with concrete. Reason: The paving of the parking lot does not meet a National Objective. NUPAC Establish a permanent home for the community access channel accessible to ill persons, including persons with disabilities and also attend to immediate needs for these persons at present location. Reason: Did not provide items needed in the Request for Proposal requirement list. FY2004 Allocation RECOMMENDED FY2004 ESG PROGRAM $'154 Catholic Charities Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to on a home. Corpus Christi Hope House, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 1 $35,000 $15,000 $15,000 $15,000 31 $25,000 $15,000 $15,000 $15,000 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 66 $89,500 $45,000 $45,000 $45,000 Issues Partnership (HIP) Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, 9perations including rent, insurance, utilities and [urnishings. 93 $12,332 $12,332 $12,332 $12,332 McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and [urnishings. 116 $21,362 $15,000 $15,000 $15,000 The Ark Assessment Center & Emergency Shelter of Youth Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Payment of maintenance operations, including rent, insurance, utilities and furnishings. 131 $64,256 $15,000 $15,000 $15,000 157 $50,000 $15,000 $15,000 $15,000 The Women's Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. TOTAL 176 $86,500 $21,997 $21,997 $21,997 $383,950 $154,329 $154,329 $154,329 RECOMMENDED FY2004 HOME PROGRAM FY2004 Allocation $1,848,'127 CCCIC HOMEBUYER ASSISTANCE PROGRAM A deferred, forgivable loan not to exceed $3,000 will be 1 ,rovided to Iow income, homebuyers for the purpose of $600,000 $549,000 $549,000 $549,000 meeting down payment and closing costs expenses. ADMINISTRATION/TECHNICAL ASSISTANCE Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program 2 management. Technical assistance will be provided to $184,812 $184,812 $184,8t2 $184,812 enhance the capacity of CHDO's, nonprofits, owners/investors of rental property and other organizations that may participate in the program. Also includes administrative funds for direct operating support for the CHDO's. MINOR REHABILITATION GRANT PROGRAM Minor rehabilitation of units with more than $1,000 but less 3 than $6,500. Grants will be provided to homeowners who $100,000 $100,000 $100,000 $100,000 are 62 yearn and older and/or persons with disabilities. MAJOR REHABILITATION LOAN PROGRAM I Loans of 0% to 3% for qualified income families with up to ' a 20 year term. Reconstruction of owner-occupied units unsuitable for rehabilitation and to provide for the 4 reconstruction of new suitable units. Relocation grants will $250,000 $250,000 $250,000 $250,000 be provided for temporary relocation and a grant to provide funds to demolish and construct the replacement unit. NEW CONSTRUCTION Construction of new single family \ Multi - housing units. The units must remain affordable for a minimum of 20 ,ears. These funds may be used by a CDC. A deferred 5 forgivable loan, not to exceed $20,000, payable after the $487,095 $487,095 $487,095 $487,095 1st mortgage is paid, will be provided to Iow income home buyers for the purchase of a home. The amount of the deferred loan will be based on HUD income limits. NEW CONSTRUCTION Nueces Community Action Agency - CHDO* The CHDO set-aside in FY 2004 funding comes at the right time with NCCAA hoping to utilize the funds to assist approximately 14 families (of a 100~family subdivision) with down payment and closing costs assistance. The number 6 of households assisted with incomes below 80% of the 1 $279,384 $277,220 $277,220 $277,220 Area Median income is 2 (14% of total units). The number of households assisted with incomes below 60% of the Area Median Income is 2 (14% of total units). The number of households assisted with incomes below 50% the Area Median Income is 10 (72% of total units). Funds will be expended within 12 months of agreement. TOTAL $1,901,291 $1,848,127 $1,848,127 $1,848,127 * COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO). The City of Corpus Christi will set aside at an minimum the 15% ($276,450) required by regulations for use by thje CHDO within the 24-month period. The City of Corpus Christi will provide technical assistance and capacity building as necessary. A RESOLUTION ADOPTING THE FY2004 CONSOLIDATED ANNUAL ACTION PLAN (CAAP), WHICH INCLUDES THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT AND THE HOME PROGRAMS; AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO SUBMIT THE CAAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO MAKE CHANGES IN THE CAAP IF REQUIRED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY2004 City of Corpus Christi Consolidated Annual Action Plan (CAAP), which includes the Community Block Grant, Emergency Shelter Grant, and the HOME programs, is hereby adopted. SECTION 2. The City Manager or the City Manager's designee is authorized to submit the CA, AP to the U.S. Department of Housing and Urban Development. SECTION 3. The City Manager or the City Manager's designee is authorized to make changes to the CAAP if required by the U.S. Department of Housing and Urban Development. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr. Mayor Approved as to form: ~'~~ ~'~"~, 2004 EEzabe/t~ R. Hundley ' ~ Assistaflt City Attorney ~ for the City Attorney Corpus Christi, Texas day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A, Kinnison Jesse Noyola Mark Scott 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4-27-2004 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the City of Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. ISSUE: Over the past several years, the City has provided funds to assist the Downtown Management District's (DMD) development and redevelopment activities in the downtown. The 2003-2004 City budget contains $80,073, which has been appropriated for this purpose. REQUIRED COUNCIL ACTION: Passage of motion to authorize the execution of this agreement. CONCLUSION AND RECOMMENDATION: Staff recommends authorization to execute the agreement. AssistanYCity Manager Attachments: Agreement Map BACKGROUND INFORMATION April 27, 2004 The Corpus Christi Downtown Management District (DMD), a non-profit organization, was created in 1993 at the request of private sector leaders. The DMD identities and implements projects to improve the downtown image, strengthen its economic base and increase its attractiveness. A special assessment is levied each year to provide the financial resources necessary to carry out the DMD's annual goals. This year, the DMD has been active with several beautification projects and entertainment projects to encourage downtown as a venue and revitalization. CITY OF CORPUS CHRISTIz TEXAS DOWNTOWN MANAGEMENT DISTRZCT Source: Department of Development Services MDN 10/13/2003 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $80,073 FOR ASSISTANCE IN DOWNTOWN DEVELOPMENT AND REDEVELOPMENT ACTIVITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or the City Manager's designee is authorized to execute an interlocal cooperation agreement with the Corpus Christi Downtown Management District in the amount of $80,073 for assistance in downtown development and redevelopment activities. A copy of the interlocal cooperation agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 22, 2004 Lis~ Aguil~r ~ Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor This Interlocal Agreement (the '~greement") is made between the Corpus Christi Downtown Management District (the "District") and the City of Corpus Christi, Texas (the "City"), a municipal corporation. WHEREAS, the District and the City desire to enter into an Agreement pursuant to the Interlocal Cooperation Act to provide for downtown Corpus Christi redevelopment (the "Project"); Now, therefore, in consideration of the mutual covenants in this Agreement, the City and the Distdct (each, the "Party") authorized by appropriate actions of their governing bodies, agree as follows: 1. Purpose The purpose of this Agreement is to provide for the redevelopment of downtown Corpus Christi (the "Project"). 2. Responsibilities ~the Ci~. The City agrees to pay to District the of $80,073 which amount shall be paid upon receipt and City approval of the work plan described in section 3 below. sum 3. Responsibilities of the District. a) The District agrees to record revenues, expenditures, and a balance sheet on a monthly basis. The District agrees to provide the City with a copy of the District revenues, expenditures, and balance sheet and supporting documents on a quarterly basis. b) The District agrees to prepare annual financial statements in accordance with generally accepted accounting principles. The District agrees to provide the City with a copy of the District's audited annual financial statement and supporting documents upon completion. c) The District agrees to assist the City in its downtown development and redevelopment activities, and coordinate its activities with the City. d) The District agrees to provide the City with a District work plan for the District 2004-2005 operating year for review and approval by the City. The work plan shall describe each project to be undertaken by the District, including estimated costs, and anticipated completion dates. e) The District agrees to provide, the City with an annual report for fiscal year 2003-2004. The annual report shall describe each project undertaken by the District in fiscal 2003-2004, provide project status, and amounts expended on each project. The annual report shall be provided to the City by August 30, 2004. 4. Implementation. The City Manager and Executive Director for the Distdct are authorized and directed to take all steps necessary or convenient to implement this Agreement. 5. Warranty. This Agreement has been officially authorized by the governing body of the City and the District, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective party to this Agreement, 6. Administrative Services. The City and the District agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. 7. ExpendinR Funds. Any payment made by the District or the City for any of the costs or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act. 8. Term. Once approved by all Parties, the term of this Agreement is August 1, 2003 through July 31, 2004. 9. Severability. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. 10. Oral and Wdtten Agreements. All oral or written Agreements between the Parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 11. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 12. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 13. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. 14. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Chdsti City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 To the District: Corpus Christi Downtown Management District Attn: President 410 Peoples Street Corpus Christi, Texas 78401 15. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 16. Modifications. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 17. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 18. Governinq Law and Venue. This Agreement shall be govemed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 19. Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI D~MANAGEMENT DISTRICT Name. ./~,~ .~'..~' ,~'~,4~,z ~ Title: ./~$,/3 a'~,~F Date: W/..%~. ~ ~ CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Attest By: Armando Chapa City Secretary Approved as to legal form: Lisa Aguilar A~t Assistant City torney for City Attorney 2004 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 27, 2004 AGENDAITEM: Resolution adopting the Guidelines and Cdteda for authorizing temporary property tax abatement. ISSUE: According to state law, a taxing unit may only enter into a tax abatement agreement or designate an area as a reinvestment zone if guidelines for granting tax abatement have been adopted by the goveming agency. In order to designate an ares for tax abatement, a public hearing must be held to allow interested persons to speak and present evidence for or against the designation. Guidelines and cdteda adopted by a governing body are effective for two years from the date adopted. The City of Corpus Chdsti's tax abatement policy expired December 2001. REQUIRED COUNCIL ACTION: A resolution is needed to reauthodze the City's tax abatement guidelines effective from May 1, 2004 to April 30, 2006. CONCLUSION AND RECOMMENDATION: Staff recommends passage of resolutions as presented. Assistant City Manager Attachments: A. Guidelines and Criteria for Granting Tax Abatement B. Map BACKGROUND INFORMATION II April 27, 20O4 In an effort to attract businesses to the City of Corpus Christi and promote redevelopment of the Renewal Community, the Guidelines and Cdteria for Granting Tax Abatement are presented with some additions from the guidelines adopted in the past. Texas law allows cities to grant temporary tax abatements to companies and industries to encourage locating in or expanding within the City's jurisdiction orto improve the economic viability of the project. The state law also requires that local govemments adopt guidelines and criteria everytwo years in order to maintain their tax abatement program. In addition, state law requires municipalities to hold public headng to designate certain areas for special tax abatement privileges as reinvestment zones. However, according to the Tax Code, areas designated as Texas Enterprise Zones are automatically considered reinvestment zones without further hearing or other procedural requirements. Since the 2003 Texas Legislature added Renewal Communities as automatic designations as Texas Enterprise Zones, the Renewal Community is automatically considered a Reinvestment Zone. The proposed Guidelines and Cdteda for Granting Tax Abatement adds a section granting tax abatement for rehabilitated and new facilities in the Renewal Community, which includes Corpus Christi Beach, Downtown Corpus Christi and portions of the North and West side. The criteria for receiving tax abatement in the Renewal Community requires the business or developer to create at least one permanent full time job for every $50,000 invested in the rehabilitation or construction of a facility. The job requirement will be waived for residential facilities and prorated for mixed-use facilities. In addition, projects that would otherwise not qualify for abatement in other areas, such as housing, hotel and other commercial projects may be eligible for abatement in the Renewal Community. Projects will be considered on a case by case basis. Tax abatement in the Renewal Community will be limited to no more than 5 years for rehabilitation projects and 4 years for new construction, including the construction period. The guidelines and criteria for granting tax abatement for non-Renewal Community projects remains unchanged from the guidelines adopted in the past. The City of Corpus Christi last adopted guidelines and cdteda for granting lax abatement in December 1999. Over the years, the City of Corpus Christi has granted tax abatement to Coastal Javelina, First Data Corporation, MCA Telecommunications, Trinity Towers, Sitel Corporation and APAC. RESOLUTION ADOPTING GUIDELINES AND CRITERIA FOR AUTHORIZING TEMPORARY PROPERTY TAX ABATEMENT Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi (the "City") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement, duly adopted by the City; and Whereas, the City most recently adopted Guidelines and Criteria for Granting Tax Abatement in Resolution No. 023869 on December 14, 1999 which were effective for two years as provided in the Act; and Whereas, the City desires to adopt Guidelines and Criteria for Granting Tax Abatement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City adopts the Guidelines and Criteria for Granting Temporary Tax Abatement in the form attached as Exhibit A in accordance with the requirements of the Act. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April ~-, 2004. Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor April 27 2004 Tax Abatement Guidelines.doc CORPUS CHRISTI AInl12004 CFty of CITY OF CORPUS CHRISTI GUIDr:I INES AND CRITERIA FOR GRANTING TAX ABATEMENT WHEREAS, the attraction of Ioncj-tenn Added Value and the establishment of new permanent full-time jobs in the area would enhance the economic base of area taxing entities; and WHEREAS, Corpus Christi must compete with other communities across the nation cunently offedng tax inducements to attract new plant and modernization projects, and studies have. shown that a favorable local tax climate and staR-up tax concessions rank second on the list of priorities for new plant installations or expansions; and WHEREAS, tax abatement is one of the prindpal means by which the public sector and the private sector can forge a partnership to promote real economic growth within a community; and WHEREAS, any tax incentives offered must be st~ctly limited in application to those new and existing industries that bring new wealth to the community in order to avoid reducing the needed tax revenues of area taxing entities; and 1NHEREAS, the Property Redevelopment and Tax Abatement ACt (the "ACt"), Chapter 312 of ~ Texas Tax Code authorizes counties, clries and school districts to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; and WHEREAS, the ACt requires eligible taxing ju~sdictions to establish Guidelines and Criteria as to eligibility for tax abatement agreements prior to granting any future tax abatement, said Guidelines and Criteria to be unchanged for a two-year period unless amended by a three-fourths vote; and WHEREAS, a federally designated Renewal Community constitutes designation as a Texas Enteqxise Zone under Chapter 2303 of the Texas Government Code, and designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further heating or other procedural requirements under Chapter 312 of the Texas Tax Code, and WHEREAS, the U.S. Department of Housing and U~oan Development designated Census Tracts 1, 3, 4, 10 and 11 as one of forty Renewal Communities nationwide eligible to share in $17 billion in tax incentives to stimulate job growth, promote economic development and c~eate affor~'ble housing, and WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among Nueces County, the City of Corpus Christi and other governmental entities for consideration as a common policy for all jurisdictions which choose to participate in tax abatement agreements; NOW, 'II-IEREFORE, BE IT RESOLVED bythe City of Corpus Christi that the Renewal Community is designated as a Reinvestment Zone and these Guidelines and Criteria for granting tax abatement be adopted: CORPUS CHRISTI April 2004 SECTION 1. DEFINITIONS. "Abatement" means the temporary, full or padial exemption from ad valorem taxes of certain Added Value to real and personal property in a zone designated for economic development purposes pursuant to the Act. "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modemization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." c. "A.qreement" means a contractual agreement between a properly owner and/or lessee and an Eligible jurisdiction for the purposes of tax abatement. "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of an Agreement plus the agreed upon value of eligible property improvements made after January I but before the execution of the ,Agreement. "Basic IVlanufactufing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which dedve a majodty of revenue from points beyond a 50-mile radius of Nueces County. f. "De[en'ed lvlaintenance" means improvements necessary for continued operations which do not improve productivity or alter the process technology. g. "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. "Elkdble Jurisdiction" means the City of Corpus Christi or Nueces County and any municipality, the majority of which is located in Nueces County that levies ad valorem taxes upon and provides services to property located within the proposed or existing zone designated pursuant to the Act. "Enterprise Zone Residential Redeyelopment Facility" means buildings and structures used or to be used pdmadly for residential purposes and which are located within an enterprise zone. J. "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. k. "Facility" means property improvements completed or in the process of construction which together compromise an integral whole. I. "Mixed use facility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure. m. ,'Multi-family hopsinfl" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may Include a triplex, apaltment, townhouse, condominium, cooperative, high- rise, etc. c:~ at. at .n~,,~mAt ,.guia~a~no 4.ao~ 2 CORPUS CHRISTI April 20{)4 n. Modernization" means the replacement and upgrading of existing facilities which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result .from the construction, alteration or installation of buildings, structures, fixe~: ~:,~chinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of deferred maintenance. o. "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an expansion or modemization. p. "Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on a leased property, the owner shall be the party which owns the property subject to tax abatement. The other party to the lease shall join in the execution of Agreement but shall not be obligated to assure performance of the party receiving abatement. q. "permanent full-time lob" means a new employment position created by a business that provides a regular work schedule of at least 35 hours per week or 1820 hours of employment per year to a Nueces County resident and maintains the employment position during the term of the abatement agreement. "Petrochemical Facility" means buildings and structures, including fo(ed machinery and equipment, the pdmary purpose of which Is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. "Re~lional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used pdmadly to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50-mile radius of Nueces County. "Reflional Telecommunications/Data Processinfl Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majodty of the services are provided to points beyond a 50-mile radius of Nueces County. u. "Reaional Visitor/Amusement Facility" means buildings and structures used or to be used primarily as a stadium, arena, amusement park or similar attraction or sports venue 'Renewal Community Facility" means a building or structure In the Corpus Christi Renewal Community which includes Census Tracts 1, 3, 4. 10 and 11 to be used for the creation of a new business or business expansion, but not a relocation of a business. w. "Rehabilitation' means that the Added Value, as defined, of the project exceeds the base year of a development property by $250,000. 'q'ems Enterprise Zone" means any census block group with greater than 20% poverty, federally designated Renewal Community, or area designated as a Texas Enterprise Zone prior to 2003. (a) Authorized Facilities. (b) (c) (d) CORPUS CHRISTI April 2004 SECTION 2. ABATEMENT AUTHORIZED. (e) 1) Facility may be eligible for abatement if it is a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor/Amusement Facility, Enterprise Zone Residential Redevelopment Facility, and Petrochemical Facility. Abatement may be granted for new facilities and improvements to existing facilities for the purpose of modemization or expansion, or 2) Renewal Community Facility, as defined, may be considered on a case by case basis for abatement if it is a Renewal Community Facility and if the building or structure will be defined as rehabilitation project or is defined as new facility. Projects that may be considered as Renewal Community Facility include: multi-family housing facilities, mixed-use facilities, retail facilities, hotel accommodations. Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an abatement Agreement between the Eligible jurisdiction and the property owner and lessee (if required), subject to such limitations as said jurisdiction may require. The economic life of the improvements must exceed the term of the abatement Agreement. EliQible Property. Abatement may be extended to the value of the improvements to real property, inducling buildings, structures, r~ed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility. Inelil:lible Property. The following types of property shall be fully taxable and ineligible for abatement: land; inventories; supplies; tools; fumishiegs and other %~ms of movable pemonal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased except as provided in Section 2(c); improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion; any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the Eligible jurisdiction. Pedod of Abatement. 1. Abatement shall be granted effective with the January I valuation date immediately following the date of execution of the Agreement Abatement shall be allowed for a pedod of five years following the completion of construction. If the pedod of construction exceeds two years, the Facility shall be considered completed for purposes of abatement and In no case shall the total period of abatement, inclusive of the construction peded, exceed seven years. C:'~ny~'e~ ,~t~m~'m'~RNAL..S~li~s2004.do~ 4 (f) CORPUS CHRISTI Apd12004 Abatement for Renewal Community Facility shall be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement shall be allowed for a pedod of two (2) years following the completion of construction. If the pedod of construction exceed~ [wo years, the Facility shall be considered completed for purposes of abatement after the two (2) year pedod and in no case shall the total pedod of abatement, inclusive of the construction pedod, exceed four years for a new facility and five years for a rehabilitated facility. Completion of Construction. The completion of construction shall be deemed to occur upon the eadiest of the following events: (1) when a certificate of occupancy is issued for the project (if it is located within a city), (2) when commercial production of a product or prevision of a service is achieved at the Facility, (3) when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument, or (4) two (2) years after the date of the Agreement. The above determination shall be made by the Eligible jurisdiction offering the abatement, in its sole and absolute discretion, based upon the above criteria and such other factors as the jurisdiction may deem relevant. The determination of the completion of construction shall be conclusive, and any judicial review of such determination shall be governed by the substantial evidence rule. (g) Abatement Percentage 1 ) Non - Renewal Community Facilities For a Facility which provides not less than 50 (but not more than 99) new permanent full- time jobs, the percentage of tax abated shall be in accordance with the following schedule: Year Percentage of abatement Construction Pe,dods (not to exceed 2 years 100% Year 1 50% Year 2 50% year3 .., 50% Year 4 50% , ,Year 5 ,50% Provided that, for a Facility which provides not less than 100 (but not more than 199) new permanent full-time jobs, the percentage of tax abatement shall be in accordance with the following schedule: COI~US CHRISTI Atai12004 Year Percentage of Percentage Of Abatement (for the first Abatement (over $10 $10 million in Added million in Added Value) Value Construction Period (not to exceed 2 100% 100% years) Year 1 75% 50% Year 2 75% 50% Year 3 75% 50% Year 4 75% 50% Year 5 75% 50% Provided that, for a Facility which provides at least 200 new permanent full-time jobs, the percentage of tax abatement shall be in accordance with the following schedule: Year Pementage of Pementage of ! Abatement (for the first Abatement (over $10 $10 million in Added million in Added Value) Value Construction Pedod (not to exceed 2 100% 100% years) Year I 100% 50% Year 2 .100% 50% Year 3 100% 50% Year 4 100% .50% Year 5 100% 50% In the event the Added Value caused by the Project is less than $2.0 million, no abatement shall be granted unless the Facility is a Rehabilitation Project as described in Section 2 (i). For compliance purposes, the date for determining a permanent full-time job shall be January I of each year commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under the Agreement shall be based upon the employment Information as of January I of such year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. For example, Company A has an abatement Agreement entered 5/1/95 and projects to create 250 permanent full-time jobs. If the actual experience of Company A involves fluctuating job levels, the actual abatement under the Agreement could follow the following pattern: Year Employment Abatement Abatement (First $10mm) (Over $10mm) 1/1/96' 0 100% 100% 1/1/97' 0 100% 100% 1/1/98 150 75% 75% CORPUS CHRISTI April 2004 1/1/99 250 100% 75% 1/1/00 150 75% 50% 1/1/01 50 50% 50% 1/1/02 250 100% 25% *Construction Underway 2) Renewal Community Facilities Provided that, for a Renewal Community Facility which creates one (1) new permanent full-time job per $50,000 of Added Value to a property following the completion of construction and maintains the same level of employment for the term of the abatement agreement, the percentage of tax abated shall be in accordance with the following schedule: Year Percentage of Percentage of Abatement for Projects Abatement for New Involving Rehabilitation Facilities Construction Period (not to exceed 100% 100% 2 years) Year 1 100% 75% Year 2 100% 75% Year 3 100% 0% (h) For compliance purposes, the date for determining a permanent full-time job shall be six months from the date of completion. The business must maintain the same level of employment or increase employment during the term of the agreement. For example: Company X is rehabilitating a building In the Renewal Community for a commercial use. The current value of the building is $250,000 and Company X esti~ ~es an added value of $750,000. The job requirement will be to create and maintain ~ Jinlmum of 15 permanent full-time positions dudng the term of the abatement agreerJ~ .t. ($750,000 I $50,000 = 15) For residential multi-family housing, the job creation requirement will be waived. For mixed-use facilities, the job requirement will be prorated. For example: Company Y is constructing a mixed-use facility that is 30% non-residential and the Added Value is $1,500,000. The job requirement will be to create and maintain a minimum of 9 permanent full-time jobs during the term of the abatement agreement. (1,500,000X.30=$450,000, $450,000/$50,000=9). Llvinfl Ware Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a 'living wage" for the employee. The target living wage under this abatement program shall be that annual amount equal or greater than poverty level for a family of throe, as established by the 2004 U.S. Department of Health and Human Services Poverty Guidelines, divided by 1820 hours per year, which is $8.60 per hour. The Govemmental Unit shall have the right to adjust the living wage target under these Guidelines and insert a specific target in each property tax abatement A~reement to govern the abatement offered under that Agreement. C:~amam~ ~~o04.&c 7 (i) 0) (k) 0) CORPUS CHRISTI April 2004 Rehabilitation Proiects. The $2 million minimum Added Value requirement for abatement shall not apply to rehabilitation projects which involve the adaptive reuse of an existing structure or building for a Facility. In order to qualify as a rehabilitation project under this prevision, the project must involve a minimum Added Value, as defined, of $250,000. Any rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the preperty tax rells so that the Base Year Value associated with the project will Include both the value of the land and the existing improvements. For such rehabilitation projects, all Eligible Preperty in excess of the Base Year Value shall be subject to abatement plus the value of personal preperty such as furniture and movable equipment which would otherwise be considered Ineligible Preperty for any other type of abatement category. In no event, however, may the total value of personal preperty subject to abatement exceed $1 million or the total amount of all preperty subject to abatement in a rehabilitation project exceed $5 million. Estimated Added Value or Added Value Requirement. At the time of execution of the tax abatement Agreement, the Owner shall reasonably estimate the Added Value upon completion of construction of any improvements to real property in connection with the Preject. For Renewal Community Facility, the owner shall provide reasonable estimates of the Added Value to be made to the property in addition to the estimated Added Value. This "Estimated Added Value" and, for Renewal Community Facility, "Added Value" shall be stated in the Agreement. In the event that upon completion, of construction of the improvements, the Added Value, as determined by the Nueces County Appraisal District, shall at any time thereafter during the term of the abatement Agreement be less than eight-five percent (85%) of the Estimated Added Value, not due to circumstances beyond the contrel of Owner, the Owner agrees to pay an amount equal to the then current tax rate of each Eligible jurisdiction previding abatement applied to the difference between the actual Added Value from eighty-five percent (85%) of the Estimated Added Value, multiplied by 100% minus the net percentage of Abatement previded under the Agreement. For the purposes of this prevision, the term "circumstances beyond the control of Owner" shall include casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war, and the like. The formula for calculating such additional tax is outlined as follows: [Tax Rate] x [(85% of Est. Added Value - Actual AV) x (100% - Abatement %)] = Additional Tax Properties in Industrial Districts. For eligible property to be constructed in an area which is covered by an executed industrial distdct agreement with the City, the method of calculating payments in lieu of property taxes for such eligible preperty shall be as set forth in the industrial district agreement. As an alternative to an industrial district agreement, an eligible property may be Covered by a tax abatement agreement, but such shall constitute an election by the Owner that the land and Improvements shall not be included within any type of industrial district arrangement following the expiration of the tax abatement agreement. Economic Qualification for Non-Residential Development and Mixed-Use Facilities In order to be eligible for tax abatement, the planned improvement: (1) must create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of 50 permanent full-time jobs in Nueces County, or c:'m'~oa~*aua~ ~t~te~aa~lN~4.ao. 8 CORPUS CHRISTI April 2004 (m) (a) (b) (c) (2) for Renewal Community Facility, must create within six months following the completion of construction one (1) new permanent full-time job per $50,000 of Added Value to a property and maintain the same level of employme~t or increase employment dudng the term of the abatement agreement. If the project is a mixed- use facility, the job requirement will apply to the non-residential improvement and will be prorated as described in Section 2(g)(2); (3) must not adversely affect competition in the local market with established local businesses. Taxability. From the execution of the Agreement to the end of the abatement period, taxes shall be payable as follows: (1) The value of Ineligible Property as provided in Section 2(e) shall be fully taxable (except for personal property added in connection with a Rehabilitation Project); (2) The Base Year Value of existing Eligible Property as determined each year shall be fully taxable; and (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) shall be taxable in the manner described in Section 2(g) above. SECTION 3. APPLICATION. Written Application. Any present or potential owner of taxable property may request tax abatement by filing a wdtten application with: (i) the City Manager of the City, if such property is within the city limits, or (ii) the County Judge of Nueces County, if such property is in the unincorporated areas of Nueces County. Contents f A Iication. The application shall consist of a completed ~pplication form accompanied by: a general description of the new improvements to be undertaken; a descriptive list of the Improvements for which abatement is requested; a list of the kind, number and location of all proposed improvements of the proper[y; a map and property description; and a time schedule for undertaking and completing the proposed improvements. In the case of a modemization or expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the City, County or other Eligible jurisdiction, as applicable, deems apprepdate for evaluating the financial capacity and other relevant factors of the applicant. Written Notification to Goveminfl Bodle?s. Upon receipt of a completed application, the City Manager or County Judge, as the case may be, shall forward a Copy of the application to the presiding officer of the governing body of each Eligible jurisdiction having judsdiclion of the property covered by the application. (d) Feasibilrd;y. After receipt of an application for abatement, the City or the County, as (e) (f) (a) (b) (b) (c) CORPUS CHRISTI April 2004 applicable, shall consider the feasibility and the impact of the proposed tax abatement. The study of feasibility shall include, but not be limited to, an estimate of the economic effect of the abatement of taxes and the benefit to the Eligible jurisdiction and the property to be covered by such abatement. No Abatement if Construction has commenced. No tax abatement Agreement shall be approved if the application for the abatement was filed after the commencement of construction, alteration or installation of improvements related to the proposed Modernization, Expansion or New Facility. Variance. Requests for vadance from the provisions of Section 2 of these guidelines may be made in wdtten form, provided, however, that no variance may extend the term of abatement beyond five yearn after completion of construction. Such requests shall include a complete description of the cimumstances explaining why the applicant should be granted a variance. Approval of a request for vadance requires a three-fourths (3/4) vote of the governing body of each Eligible jurisdiction providing abatement. SECTION 4. PUBLIC HEARING AND APPROVAL. Designation of Zone. A resolution designating a zone for tax abatement under the Act may not be adopted by the City or the County until a public headng has been held at which interested persons are entitled tO speak and present evidence for or against the designation. Notice of the hearing shall be provided to each Eligible jurisdiction and to the public in the manner required by the Act. Reinvestment Zone. According to Chapter 312 of the Texas Tax Code, a designated Texas Enteqorise Zone constitutes designation as a Relnvestment Zone without further headng or other procedural requirements. Under Chapter 2302 of the Texas Govemment Code, a federally designated Renewal Community or Census Block Group with poverty greater than 20% constitutes designation as a Texas Enterprise Zone Therefore, the Renewal community is a Reinvestment Zone, without further headng. Reauired FincllnRs. In order to enter into a tax abatement Agreement, the County or City must find that the terms of the proposed Agreement meet these Guidelines and Criteria. Reservation of Rights. Nothing herein shall be construed to limit the authority of the City, the county or any other jurisdiction to examine each application for tax abatement before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted temporary tax abatement and whether or not it complies with these Guidelines and Cdteda, is feasible, and whether or not the proposed temporary abatement of taxes will inure to the long-term benefit of such Eligible jurisdiction. SECTIONS. AGREEMENT. Content~ of Tax Abatement A,qmement The tax abatement Agreement with the Owner of the Facility shall include: (1) the estimated value to be subject to abatement and the Base Year Value; C:~x ~l~ta~Fnqal~d&~i~2094,ao~ 10 CORPUS CHRISTI April 2004 (b) (c) (a) (b) (2) the percentage of value to be abated each year as provided in Section 2(g); (3) the commencement date and termination date of abatement; (4) a provision that the term of the Agreement shall extend until five (5) years after the expiration of the pedod of tax abatement; (5) the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; (6) the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and (7) the amount of Added Value and required number of permanent full-time jobs. Time of Execution. The tax abatement Agreement shall normally be executed within 60 days after the applicant has provided all necessary information and documentation. Attorney's Fees. In the event any attorney's fees are incurred by the Eligible jurisdiction in the preparation of a tax abatement Agreement, said fees shall be paid by the applicant upon execution of the Agreement. SECTION 6. RECAPTURE. Failure to Commence Operation During Term of A~reement. In the event that the Facility is not completed and does not begin operation with the minimum number of 50 permanent full-time jobs by January I following the completion of ¢:)nstmction or for Renewal Community Facility, at least one permanent full-time job per $50,000 of Added Value within six months following the completion of construction, no abatement shall be given for that lax year, and the full amount of taxes assessed against the property shall be due and payable for that tax year. In the event that the Owner of such a Facility falls to begin operation with the minimum number of 50 permanent full-time jobs by the next January 1 or for Renewal Community Facility, at least one permanent full-time job per $50,000 within I year following the completion of construction, then the abatement Agreement shall terminate and all abated taxes dudng the pedod of construction shall be recaptured and paid within 60 days of such termination. pisconflnuance of OperaUons ,Dudnfl Term of A~reement. In the event the Facility is completed and begins operation with the required number of jobs but subsequently discontinues operations and the required number of permanent full-time jobs is not maintained as required in section 6 (a), for any reason, except on a temporary basis due to fire, explosion or other casualty or accident or natural disaster, the Agreement may be terminated by the E!igible jurisdiction providing abatement, and all taxes previously abated by virtue of the Agreement shall be recaptured and paid within 60 days of such termination. (c) (d) (e) (g) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and propedy follows the legal procedures for their protest and/or contest, the Agreement shall terminate and so shall the abatement of the taxes for the tax year of the delinquency. The total taxes assessed without abateme~t, for that tax year shall be paid within 60 days from the date of termination. Notice of Default. Should the Eligible jurisdiction providing abatement determine that the Owner is in default according to the terms and conditions of its Agreement, it shall notify the Owner in wdting at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default dudng the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided herein. Actual Capital Investment. Should the Eligible jurisdiction providing abatement determine that the total level of capital investment in eligible property is lower than provided In the Agreement, the difference between the tax abated and the tax which should have been abated based upon the actual capital investment as determined shall be paid to the taxing agencies within 60 days of notification to the Owner of such determination. Reduction in Rollback Tax Rate. If during any year of the period of abatement with respect to any property any portion of the abated value which is added to the current total value of the Eligible jurisdiction but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" in accord with Section 26.04(cX2) of the Texas Tax Code and if the Eligible judsdiction's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the Eligible jurisdiction for the succeeding year, then the Eligible jurisdiction shall recapture from the taxpayer a tax in an amount equal to the lesser of the following: (1) The amount of the taxes abated for that year by the Eligible jurisdiction with respect to such taxpayer. (2) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the Eligible jurisdiction. If the Eligible jurisdiction has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated in accord with subparagraph (2) above shall be prorated on the basis of the amount of the abatement with respect to each taxpayer. All recaptured taxes must be paid within thirty (30) days after notice thereof has been given to the affected taxpayer. Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such thirty (30) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. Continuation of Tax Lien. The amount of tax abated each year under the terms of these Guidelines and the Agreement shall be secured by a first and prior tax lien which shall continue in existence from year to year throughout the entire term of the Agreement or (a) (b) (c) (d) (e) CORPUS CHRISTI April 2004 until all taxes, whether assessed or recaptured, are paid in full. SECTION 7. ADMINISTRATION. Annual Assessment. The Nueces County Appraisal Distdct shall annually determine an assessment of the real and pemonal property subject to an Agreement. Each year, the Owner shall furnish the Appraisal Distdct with such information as may be necessary for the abatement. Once value has been established, the Appraisal Distdct shall notify the affected jurisdictions which levy taxes of the amount of the assessment and the abatement. Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the Eligible jurisdiction will have access to the Facility dudng the term of the Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility. All inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. Annual Evaluation, Upon completion of construction, the Eligible jurisdiction individually or in conjunction with other affected jurisdictions, shall annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement. Annual Reports. The Owner shall certify to the goveming body of the Eligible Jurisdiction on or before April I each year that the Owner is in compliance with each applicable term of the agreement. Additionally, dudng the initial four years of the term of property tax abatement, the Owner shall provide to the Eligible Jurisdiction approving the abatement an annual report covering those items listed on Schedule 1 in order to document its efforts to acquire goods and services on a local basis. Such annuai report shall be prepared on a calendar year basis and shall be submitted to the Eligit-4e jurisdiction no later than ninety (90) days following the end of each such calendar/.~:;r. The annual report shall be accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. "Buy Local" Prevision. Each recipient of property tax abatement shall additionally agree to give preference and priority to local manufacturers, suppliers, contractors and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. In any such exception cases involving purchases over $10,000.00 a Justification for such purchase shall be included in the annual report. Each such recipient shall further acknowledge that it is a legal and moral obligation of persons receiving property tax abatements to favor local manufacturers, suppliers, contractors and labor, all other factors being equal. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors and labor shall include firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. In the event of a breach of the buy-local provision, the percentage of abatement shall be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. CORPUS CHRISTI April 2004 (f) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the governing body of the Eligible Jurisdiction may cancel or modify the agreement if the Owner fails to comply with the Agreement. SCHEDULE 1 "Buy Local" Annual Reports The following information shall be reported to the Governmental Unit on a calendar-year basis dudng the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for mater~ls* (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of full-time and part-time jobs created on a permanent basis (local) and wages paid to employees. 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steal, fire proofing, piping, electrical, instruments, paintings an5 scaffolding, insulaiton, temporary construction facilities, supplies, equipment rental in construc~iom small tools and consumables. This term does not include major items of machinery and equipment not readily- available locally. ** '1_abo¢' is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construc'don, strucfural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor shall include fi~ns, businesses, and persons who reside in or maintain an office in either Nueces County er San Patrlcio County. City of Corpus Christi Guidelines and Criteria for Granting Tax Abatement History of Tax Abatement Agreements • Coastal Javelina • First Data Corporation • MCA Telecommunications • Trinity Towers • Sitel Corporation • APAC (recaptured) Facilities Eligible (Under Most Recent Guidelines Adopted) O Basic Manufacturing Facility O Service Facility O Regional Distribution Center Facility O Regional Telecommunications/Data Processing Center Facility O Regional Visitor/Amusement Facility O Enterprise Zone Residential Redevelopment Facility 0 Petrochemical Facility Tax Abatement Schedule (Under Most Recent Guidelines Adopted) YR 50-99 jobs 100-199 Jobs (>$10 MM) 100-199 Jobs (over 10MM) 200 + Jobs (>$10MM) 200 + Jobs (over $10 MM) Construction 100% 100% 100% 100% 100% Period 50% 75% 50% 100% 50% 2 50% 75% 50% 100% 50% 3 50% 75% 50% 100% 50% 4 50% 75% 50% 100% 50% 5 50% 75% 50% 100% 50% Minimum Requirements (Under Most Recent Guidelines Adopted) o Investment: • $2 million added value for new construction • $250,000 added value for rehabilitation projects o Job Creation/Wages: • Must create 50+ permanent full-time jobs • Must pay permanent full-time employees a "living wage" Proposed Amendments... Additional Facilities Eligible On a case by case basis, facilities in the Renewal Community (including but not limited to): • Multi -Family Housing • Mixed -Use Facilities • Retail Facilities • Hotel Accommodations :ri RC Facilities - Tax Abatement Schedule YR % for Rehabilitation % for New Construction Construction 100% 100% Period 1 100% 75% 2 100% 75% 3 100% 0% RC Project Requirements • Create 1 permanent full-time job per $50,000 of added value following construction and maintain the same level of jobs throughout the term of the abatement contract. • Job requirement waved for housing facilities • Job requirement prorated for mixed-use facilities • Job must pay "living wage" • RC Rehabilitation Projects - $250,000 minimum added value Application Process o Applicant submits a letter of request to City Manager o Staff reviews and recommends to City Council o City Council approves agreements Questions &Comments 31 AGENDA MEMORANDUM April 27, 2004 SUBJECT: Corpus Christi Renewal Community AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Chdsti, Chapter 14, to reduce building permit and survey fees for businesses operating exclusively in the Renewal Community; providing for effective date; providing for severance and providing for publication. ISSUE: The City of Corpus Christi in its Renewal Community Tax Incentive Utilization Plan, which was approved by City Council in December 2002, committed to changing certain ordinances to promote economic growth in the Renewal Community. In order to implement these changes, the proposed ordinance must be passed to allow for the reduction of certain fees for businesses in the Renewal Community. Recommendations: City staff recommends passing of the ordinance Ma~'~ McDa~iel Assistant City Manager April 27, 2004 ADDITIONAL SUPPORT MATERIAL Ordinance/Resolution [] Background Information April 27, 2004 Past Council Action: December 17, 2002 - Public Hearing and Council approval of the Tax Incentive Utilization Plan. August 21, 2001 - Resolution authorizing the City Manager to submit an application for Renewal Community designation. In 2001, the City of Corpus Chdsti submitted an application for Renewal Community Designation which allows businesses in designated areas to be eligible for $17 billion of tax incentives. Communities applying for designation were required to sign a certification of economic growth requirements and commit to reducing certain requirements in the Renewal Community in order to promote redevelopment in these distressed communities. The Tax Incentive Utilization Plan, a strategic implementation plan for the Renewal Community, was adopted by the City Council in December 2002. One of the commitments in the Tax Incentive Utilization Plan was to decrease by 50 percent building permits and survey fees for projects located in the Renewal Community. The proposed ordinance allows these reductions effective May 1, 2004 to December 31, 2009. From August 1, 2003 to March 31, 2004, 14 of 115 permits for remodeling and 2 of 64 permits for new construction were located in the Renewal Community. Permit revenue for these projects amounted to $3,882, which means that this ordinance change would have reduced revenue by $1,941 in the current year, if in effect August 1, 2003. City of Corpus Christi Re -Mmunity Tax Inc action Plan `z2 x I a. December 12, 2002 State • Local Commitments Required Commitments 1 Course of Action - A reduction of tax rate or fees applying within the Renewal Community in accordance with 24 CFR 599.107(a)(2)(v)(A) 2 Course of Action - An increase in the level of efficiency of local services within the Renewal Community, in accordance with 24 CFR 599.107(a)(2)(v)(B) 3 Course of Action - Crime reduction strategies, such as crime prevention, including the provision of crime prevention services by nongovernmental entities, in accordance with 24 CFR 599.107(a)(2)(v)(C) 4 Course of Action - Actions to reduce, remove, simplify or streamline governmental requirements applying within the Renewal Community, in accordance with 24CFR 599.107(a)(2)(v)(D) 5 Course of Action - Involvement in Economic Development Activities by private entities, organizations and community groups, particularly those in the Renewal Community, Including a commitment from such private entities to provide jobs and job training for, and technical, financial, or other assistance to, employers, employees, and residents from the Renewal Community, in accordance with 24 CFR 599.107(a)(2)(v)(E) 6 Course of Action - The Gift or Sale at below fair market value of surplus or real property held by State or local governments, such as land, homes, and commercial property or industrial structures in the Renewal Community, to neighborhood organizations, community development corporations, or private companies in accordance with 24 CFR 599.107(a)(2)(v)(F) Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area licensing requirements for occupations that do not ordinarily require a professional degree in accordance with 24 CFR 599.107(b) (1) (i) 8 Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area zoning restrictions on home-based businesses which do not create a public nuisance in accordance with 24 CFR 599.107(b) (1) (ii) 9 Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area pernit requirements for street vendors who do not create a public nuisance, in accordance with 24 CFR 599.107(b) (1) (iii) 10 Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area zoning or other restrictions that impede the formation of schools or child care centers in accordance with 24 CFR 599.107(b) (1) (iv) 11 Economic Growth Promotion - Economic Growth Promotion - The state and local government in which the Renewal Community is located have repealed, or reduced, will not enforce or will reduce within the nominated area franchises or other restriction on competition for businesses providing public services, including taxicabs, jitneys, cable television, or trash hauling in accordance with 24 CFR 599.107(b) (1) (v) Tax Incentive Utilization Plan Page 1 1 The City will offer tax abatement to basic manufacturing or service facilities, petrochemical facilities, regional telecommunications/data processing centers, and regional visitor/amusement facilities, and residential redevelopment facilities in the Renewal Community. Only projects that employ more than 50 individuals can be considered for abatement. Abatement will be for construction period and 5 years after, or as amended by City Council during the Renewal Community period. Offered tram ZUU4 to ZUUld. Abatement during the construction period and 5 years after building is placed in service or as amended by City Council. rrovloe a usi U1 uusnaaaw a 10L . Vl � a1 o, IL�� tax abatement in the City's Renewal Community. Obtain information on the number of jobs created by each entity and a comparison of taxes paid with abatement vs. without abatement in order to demonstrate savings to the Renewal Community business. 1 Texas Department of Economic Development will provide Offered throughout the Community Provide a report of the number of Texas Enterprise Zone Projects granted in 2002-2009, refunds of state sales and use taxes on equipment, machinery and building materials for use in the zone. Grant Renewal designation to projects Obtain from each project, the number of jobs refunds of state sales taxes paid on labor for building rehab and taxed paid on electricity and natural gas used by the nominated and accepted through the Texas Economic created, number of jobs for economically disadvantaged, value of project on the tax roll project. Grant rebates for newjobs created not just the jobs Development. vs. previous value, to demonstrate gain in that constitute the 25% criteria for economically value. disadvantaged persons. Provide franchise tax liability deductions. 2 City of Corpus Christi will provide after school childcare for Offered throughout the Obtain documentation on the number of school - age students through their latchkey program and Renewal Community students enrolled in after school programs who provide scholarships to those residents needing financial designation period live in the Renewal Community and who assistance for after school care. City will provide SEED participate in Weed and Seed programs who TECH, Safe haven and DEFY programs to those living in the live in the Renewal Community. Weed and Seed area and in the Renewal Community. 2 CCISD will assist individuals in obtaining their GED. Offered throughout the Obtain information from the school district on Renewal Community the number of Renewal Community residents designation period who earned their GED through this program. Provide the number of students who are enrolled in GED classes who live in the Renewal Community. Tax Incentive Utilization Plan Page 2 2 City of Corpus Christi will provide CDBG, HOME and ESG Offered throughout the Obtain information to determine projects and funds for implementing the Renewal Community and projects Renewal Community programs funded that were located in the and programs that assist low -moderate income individuals in designation period Renewal Community area and projects and the Renewal Community including services, housing, and programs that assisted businesses in the projects that promote economic development. Renewal Community or individuals residing in the Renewal Community. Obtain information on the number of houses rehabilitated and constructed In the Renewal Community each year. This year the City is renewing its 5 -year consolidated plan in 2003. The City will incorporate the Renewal Community in the plan and submit to HUD the TIUP as a Neighborhood Revitalization Strategy in 2003. In addition, the City will provide revised commitments to HUD regarding its commitments to the Renewal Community in 2003. 2 Coastal Bend Workforce Development board will fund a Offered throughout the Renewal Community will work with the Board to variety of services to assist individuals in obtaining Renewal Community identify methods to target the Renewal employment and businesses to recruit employees in the designation period Community Businesses and residents of the Renewal Community. Renewal Community to provide services. Each year the Renewal Community will obtain the number of individuals living in the Renewal Community assisted and the number of businesses in the Renewal Community assisted each year. 2 Corpus Christi Regional Transportation Authority will provide Offered throughout the Obtain ridership information in the areas in the safe dependable service to residents of the Renewal Renewal Community Renewal Community. Work with the RTA to Community. designation period determine if additional services are needed and provide the services. 2 Del Mar will promote growth, expansion, innovation, Offered throughout the Obtain information on services provided to increased productivity and improved management for small Renewal Community businesses in the Renewal Community and businesses. designation period throughout the City. 2 Gulf Coast Council of La Raza will assist families with Offered throughout the Obtain information on the number of people services and employment training to become employed. Renewal Community assisted who live in the Renewal Community. designation period 2 Local CPA organizations will promote the Renewal Annual Obtain information on the number of CPAs Community tax incentives through newsletters and seminars. attending each of the seminars where the Renewal Community incentives were discussed and number of newsletters distributed. Tax Incentive Utilization Plan Page 3 2 Real Estate Board will host meeting to inform Commercial Annual Obtain information on the number of Brokers Real Estate brokers and agents of the incentives in the and agents attending the meeting. Renewal Community. 2 Corpus Christ[ Beach Association will promote the tax Annual Obtain information on the number of incentives to their members through newsletters and newsletters distributed and number of member meetings, attending the meetings. 2 Metro Ministries will assist low - income families and Offered throughout the Obtain information on the number of people homeless individuals with housing, employment and other Renewal Community assisted who live in the Renewal Community or basic needs. designation period homeless people who are in the Renewal Community. Obtain information on the types of services provided to the homeless. 2 Nueces County Community Action Agency will provide Offered throughout the Obtain information on the number of people necessary information for persons needing health services. Renewal Community assisted who live in the Renewal Community designation period 2 Texas A&M University - Corpus Christi will provide training Offered throughout the Obtain information from the University on the opportunities to businesses and their employees. Staff will Renewal Community number of businesses assisted and number of assist in obtaining grant funding to implement the Renewal designation period employees trained, specifically those who are Community and survey businesses in the Renewal located in the Renewal Community. Community annually. 2 Nueces County Health Department will provide health Offered throughout the Renewal Community will work with the Health services to the public. Renewal Community department to reach out to the Renewal designation period Community and obtain information from the Health Department of the number of animals picked up in the Renewal Community, presentations made in the Renewal Community, participation in health fairs in the Renewal Community, number of patients seen who reside in the Renewal Community, number Renewal Community residents receiving WIC. 2 Youth Opportunities United will submit $150,000 per year in Offered throughout the RC Renewal Community will work closely with the grant applications for projects that improve local services in designated period YOU to submit grant applications for projects the Renewal Community, specifically programs that target at- and programs targeting at -risk youth and risk youth and delinquent youth. delinquent youth. The RC will obtain information from the YOU of the number of grants submitted and amounts received that affect individuals living in the RC or services being provided in the Renewal Community. 2 Workforce Network will provide employers and job seekers Offered throughout the tain information from the WN on the number services. Renewal Community 100f'�J�)b seekers and employers assisted who live designation period or are located in the Renewal Community. Tax Incentive Utilization Plan Page 4 2 YMCA will assist parents with childcare needs. Offered throughout the Obtain information on the number of youth who Renewal Community received services who lived in the Renewal designation period Community 2 YWCA will provide services that transform the lives of girls Offered throughout the obtain information on the number of girls and and women. Renewal Community women assisted who live(work in the Renewal designation period Community 3 The Police Department will work with citizens to develop Offered throughout the Renewal Community will work with the police Neighbors on Watch (NOW)Programs in neighborhoods in the Renewal Community department to reach out to the Renewal Renewal Community Designation Period Community residents and obtain information of the number of NOW programs developed in the Renewal Community area each year. 3 The Police Department's Crime Prevention Specialists will ongoing Renewal Community will work with the police conduct Homeowners Insurance Premium Reduction Surveys department to reach out to the Renewal for citizens in the Renewal Community who request at no Community residents and obtain information of charge. the number of surveys conducted in homes in the Renewal Community area each year. 3 The Police Department's Crime Prevention Specialists will 2002-2009 Renewal Community will work with the Police provide information to Senior Citizens in the Renewal Department to reach out to the Renewal Community on crime prevention. Community senior citizen community and provide information about crime prevention to seniors. Renewal Community will obtain information on the number of Seniors who live in the Renewal Community who have been provided this information. 3 City of Corpus Christi will renew its crime control district from 2002-2007 Obtain information from the Police Department 2002-2007 in order to fund 50 additional police officers in high of the number of additional police officers that crime areas of the City, to decrease the incidence of criminal were assigned to the Renewal Community, offenses associated with young offenders, to provide obtain number of young offenders who resided preventive measures to break the cycle of gang recruitment in the Renewal Community each year and and violence, to reduce citizens' fear of crime, to further the compare to previous years, obtain information ability of Police to fight crime by adding technological on the preventative measures taken in the enhancements and new equipment. Renewal Community to prevent gang recruitment and violence, obtain a crime report for each year and compare to previous year to demonstrate how crime has been reduced in the Renewal Community. Tax Incentive Utilization Plan Page 5 4 City of Corpus Christi will streamline construction permitting 2003-2009 The City will promote the one-stop center, through the development of a one - stop development center which will be located in the Renewal for permitting, building inspection, city planing and Community, via internet including "What's New" engineering. and "Current Projects" to inform the public of new publications, and what is happening regard major projects. City will develop PSAs for broadcast on TV regarding the new center. City will survey developers to determine the effectiveness of the one stop shop and solicit input. 4 City of Corpus Christi will assist families connect with the 2003-2009 Obtain information on the number of families services needed to aid their children in avoiding delinquency assisted who live in the Renewal Community and in becoming productive citizens. City will implement a and the programs implemented in the Renewal number of programs targeted at the Renewal Community. Community. Track changes in crime throughout the Renewal Community 5 City of Corpus Christi will identify buildings that are 2002-2009 Renewal Community will work with abandoned and are currently being "drug houses" to Neighborhood Visions to identify buildings and demolish. obtain information from Neighborhood Visions to identify number of buildings demolished in the Renewal Community 5 City of Corpus Christi will construct a new arena, expand the To be completed by 2007 The Renewal Community will obtain information convention center and improve the seawall in the Renewal from the Convention and Visitors bureau of the Community area to promote economic development. Voters number of conventions held and number of approved these projects in 2000. The City will involve the visitors who stayed in hotels within the Renewal Corpus Christi Convention and Visitors Bureau and the Community. Renewal Community will obtain Corpus Christi Chamber of Commerce in attracting information of the tourism dollars generated into conventions to the community. In addition these our local economy due to the expansion of the organizations will work closely with hotels in the community to convention center and arena. assist convention organizers with their planning efforts. 5 City will develop a Business Resource Center in Corpus 2003-2009 The Renewal Community will work with the Christi with various partners including the Westside Business BRC to target businesses in the Renewal Association, Black Chamber of Commerce, Hispanic Community or promote business development Contractors Association, Minority Business Development in the Renewal Community and obtain Center, Coastal Bend Minority Council and the Corpus Christi information from the Center on the number of Business Resource Center to assist businesses with businesses assisted through the Center and the important resources necessary for success. number of businesses assisted who are located in the Renewal Community or are conducting business in the Renewal Community. Tax Incentive Utilization Plan Page 6 5 Corpus Christi Hispanic Chamber of Commerce will partner Ongoing The Renewal Community will work closely with with the City of Corpus Christi to assist in publicizing and the Hispanic Chamber of Commerce to market marketing the tax incentive to members and potential tax incentives to members of the organization members of the organization. through various marketing strategies. RC will work with chamber to report the types of marketing strategies used each year and distribution or contacts made. 5 Corpus Christi Beach Association in partnership with the City To be completed by 2009 The Renewal Community will work with the CC of Corpus Christi will construct a boardwalk on Corpus Christi Beach Association to obtain funding for the Beach, which is to increase tourism in Corpus Christi project and obtain information from the CC Beach association on the increased business as a result of the Boardwalk. 5 Corpus Christi Chamber of Commerce will foster business ongoing Obtain information on services provided that growth by advocating business issues, enhancing the affect the Renewal Community business climate, providing services to members and marketing the Renewal Community benefits to theirs members. 5 Downtown Management District will promote the Renewal ongoing Renewal Community will work with the Community incentives to its businesses and assist in Downtown Management district to promote the attracting businesses and new development to the downtown Renewal Community incentives to new and area. existing businesses in the Renewal Community and identify methods and partnerships to increase development. Annually report the businesses contacted, plans developed, funding mechanisms identified to improve the downtown area, projects developed, investments made. Report on the dollars invested to improve the attractiveness of the downtown area, improvements made to the downtown area, programs to assure the safety and cleanliness of downtown. 5 Corpus Christi Regional Economic Development Corporation ongoing Obtain information on the number of direct mail will promote the Renewal Community and its tax incentives pieces sent with Renewal Community through mass direct mail to businesses interested in information and number of jobs created in relocating. Corpus Christi and the Renewal Community and number of businesses that located to the Renewal Community and Corpus Christi as a result of their marketing efforts. Tax Incentive Utilization Plan Page 7 5 The Renewal Community in partnership with the Coastal To be completed in 2003 Provide a report on the Renewal Community to renou ss McGee n the Bend Bays and Estuaries Program and Texas General Land Beach, Corpus Christi Beach, Sunfish Island Office will provide funding to renourish beaches in the Renewal Community region and surrounding the Renewal and Marina Dredging. Community, renoudsh Sunfish Island and dredge the area in and surrounding the marina to encourage tourism and economic develo mens in the region. City of Corpus Christi will partner with developers to improve ongoing Provide a report --onnumber of housing units built or renovated each year in the Renewal 5 and or increase housing in the Renewal Community. Community 5 Westside Business Association will promote the Renewal Throughout the Renewal Obtain information of services and assistance Community among their members by providing information in Community period provided. newsletters, and hosting seminars. Adopt a school in the Renewal Community. Not applicable to this TIUP NA NA In the City will adopt a fee change through 6 The City will reduce fees for Renewal Community residents 2004-2009 a reegulgul ar public hearing for these licenses. A who are pursuing the Certified Electrical Maintenance process will be established in 2003 and Registration Exam, Maintenance Electrical License, Master implemented in January 2004. The effective Electrician License, Master Electrician Sign or Elevator date will be January 2004-December 2009. License, Limited Journeyman Electrician License, or Each year in 2004-2009, the Renewal Journeyman Electrician License Community will obtain information on the number of residents taking advantage of this incentive. 8 The City will reduce the local requirements for child care 2004-2009 in 2003, the City will reduce the local requirements for childcare businesses in the home business by allowing the day care providers to increase the number of children allowable, as long as they meet the home, through a regular public hearing process. The Effective date will be January 2004- State of Texas requirements and are located in the Renewal December 2009. Each year from 2004-2009, Community Area. City will issue special permits for the day the RC will obtain information to determine the care providers in homes. number of businesses taking advantage of this 9 The City of Corpus Christi will reduce the permit fees for 2004-2009 reduction in reuirements. In 2003 the City will adopt the changes through a regular public hearing process to allow the street vendors who operate exclusively in the Renewal changes in the Renewal Community. The Community area. changes will be effective beginning January 2004 ending December 2009. From 2004-2009, Renewal Community will obtain information on the number vendors receiving discounts on the permit to operate in the Renewal Community area and the savings per vendor. Page 8 Tax Incentive Utilization Plan 10 City will reduce permit and survey fees by for construction 2004-2009 In 2003, through a public hearing process, the and renovation of buildings and structures located within the City will reduce the permit and survey fees for Renewal Community, construction and renovation of buildings and structures located within the Renewal Community, including daycare centers and schools. The effective date will be January 2004 -December 2009. The changes will be publicized through a news release and via the Internet. RC will obtain information of the number of permits and fees charged for projects in the RC and the savings per entity. 11 The City of Corpus Christi will amend its ordinances to reduce 2004-2009 The City of Corpus Christi will amend the permit fees and street use fees for limousines or sightseeing ordinance in 2003 through a regular public services operating exclusively in the RC. hearing process and will set forth -reduced fees for limousine and sightseeing services operating exclusively in the RC. The effective date will be January 2004 to December 2009. In formation will be obtained each year to determine the number of businesses taking advantage of this incentive and the savings per business. 11 The City will amend its ordinances to reduce street use fees 2004-2009 The City will amend the ordinances in 2003 for taxicabs operating exclusively in the RC. through a regular public hearing process and will set forth reduced fees for taxicabs operating in the RC. The effective date will be January 2004 to Dec. 2009. Information will be obtained on an annual basis on the number of taxicabs receiving this discount and the amount saved per business 11 The City of Corpus Christi will amend its ordinances to reduce 2004-2009 The City will amend the ordinance in 2003 fees for solid waste hauler for hire and self -hauler permits for through a regular public hearing process and collection of solid wastes within the boundaries of the will set fees for permits. The effective date will Renewal Community. be January 2004 to December 2009. Information will be obtained on an annual basis on the number of solid waste hauler for hire and self -hauler permits issued and the amount saved per business. Tax Incentive Utilization Plan Page 9 Tax Incentive Marketing Strategy Renewal Community Employment Credit (Renewal Community EC) Target Timetable for incentive Actions Evaluation Audience Renewal 2002-2009 Renewal Community will Renewal Community will conduct a survey each Community publicize information on year beginning in 2003 to determine the businesses and Renewal Community EC tax number of businesses in Corpus Christi who businesses who credit to businesses through were able to take the Renewal Community EC conduct work in seminars, workshops, in the previous year. the Renewal intemet, and through articles, Community and by providing materials to Chamber of Commerce. City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Tax Incentive Utilization Plan Page 10 Work Opportunity Tax Credit (WOTC) Target Timetable for incentive Actions Evaluation Audience Renewal 2002-2005 Renewal Community will Renewal Community will obtain information Community publicize information on from the Texas Workforce Commission the businesses and WOTC tax credit to state agency that certifies the WOTC to other Businesses businesses through determine the number of individuals who have seminars, workshops, been certified in Corpus Christi. Renewal internal, and through articles, Community will also conduct a survey each and by providing materials to year beginning in 2003 to determine the Chamber of Commerce, City number of businesses in Corpus Christi who of Corpus Christi were able to take the WOTC in the previous Development Center, year. Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Welfare to Work Wage Credit (MSM Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2005 Renewal Community will Renewal Community will obtain information Community publicize information on WtW from the Texas Workforce Commission the businesses and tax credit to businesses state agency that certifies the WTW to other Businesses through seminars, determine the number of individuals who have workshops, internet, and been certified in Corpus Christi. Renewal through articles, and by Community will also conduct a survey each providing materials to year beginning in 2003 to determine the Chamber of Commerce, City number of businesses in Corpus Christi who of Corpus Christi were able to take the WTW in the previous Development Center, year. Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Tax Incentive Utilization Plan Page 11 Increased Section 179 Deduction Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Renewal Community will Through surveys, the Renewal Community will Community publicize information on 179 provide the number of businesses that are Businesses Deductions to businesses aware of the increased section 179 deduction, if through seminars, they had taken the deduction or planning on workshops, internet, and taking the deduction, reasons for not taking the through articles, and by deduction. providing materials to Chamber of Commerce, City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Commercial Revitalization Deduction Target Audience Timetable for incentive Actions Evaluation Business 2002-2009 Renewal Community will Renewal Community will report each year develop the State Plan with beginning in 2003, the investments made in the the CRA and a local plan to Renewal Community due to this incentive, the allocate the CRD. The CRD increased property value due to the investment, will be marketed through the the number of projects and allocations various partners and requested, the number of jobs created through publicized through public each allocation. notice, news releases, and internet. The Renewal Community will work with the business organizations in the community to raise awareness of the incentive and the application process. Tax Incentive Utilization Plan Page 12 Environmental CleanupCost Deduction Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Renewal Community will Renewal Community will work with the State Community publicize information on the environmental agency to increase awareness of businesses and Environmental Cleanup Cost this benefit and will obtain information each other Businesses Deduction to businesses year on the number of businesses in Corpus through seminars, Christi taking advantage of this incentive and workshops, Internet, and the deduction being taken. through articles, and by providing materials to Chamber of Commerce, City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. Qualif►ed Zone Academy Bonds Target Audience Timetable for incentive Actions Evaluation CCISD 2002-2009 Renewal Community will Creation of an "Academy" by the end of 2009. discuss QZABS with CCISD Provide actions taken each year, contacts and private industry. made and status of developing an academy. Renewal Community will Upon completion, Renewal Community will facilitate training schools. obtain information on the number of students served at the Academy. CCISD 2002-2009 Develop a construction/GED- Implementation of a Construction training/GED training program modeled program for 16-25 year olds. after YouthBuild, which can be funded by HUD- YouthBuild Funds, CDBG, which can serve as a pilot project for developing a vocational training academy. Tax Incentive Utilization Plan Page 13 Zero Percent Capital Gains Rate for Renewal Community Asset Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Renewal Community will Through surveys, the Renewal Community will Community publicize information on the provide the number of businesses that are businesses Zero Percent Capital Gains aware of the 0% capital Gains Rate, if they Rate for Renewal Community planned to take the incentive and if not, why. assets to businesses through seminars, workshops, internet, and through articles, and by providing materials to Chamber of Commerce, City of Corpus Christi Development Center, Hispanic Chamber of Commerce, Westside Business Association and other partnering organizations. New Markets Tax Credit Target Audience Timetable for incentive Actions Evaluation Renewal 2002-2009 Host workshop with Banks Renewal Community will report the number of Community & and other investors and investors attending the workshop, the status of Other low income Community Development becoming a CDE and the amount of allocations areas Organizations to increase requested from the CDFI for allocations. Should awareness of the NMTC. the CDE in Corpus Christi receive allocations, Renewal Community will the Renewal Community will work closely with work with organizations to the CDE to report the number of loans made apply to the Community and the amount if loans made within the Development Financial Renewal Community, number of jobs created Institution to become a CDE. by the new investments and property value Renewal Community will increases as a result of the investments. work with the newly designated CDE to develop a proposal to the CDFI for allocations of NMTC in order to make loans to businesses in the Renewal Community area. Tax Incentive Utilization Plan Page 14 Low-income Housing Tax Credit Target Audience Timetable for incentive Actions Evaluation Housing 2002-2009 Submit the TIUP as a Renewal Community will obtain information to Developers Neighborhood Revitalization determine the number of housing units created Strategy to HUD in order to pursuant to this Neighborhood Revitalization provide greater flexibility to Strategy. carry out housing programs in the Renewal Community and provide added benefit to housing projects seeking LIHTC. Housing 2002-2009 Provide information to Renewal Community will obtain information Developers developers regarding the from the Texas Department of Housing and benefits of housing in the Community Affairs of the number of projects in Renewal Community and the Corpus Christi and the number of units set IRS, including HUD funds aside for low-income families. and Low Income Housing Tax Credit. Tax Incentive Utilization Plan Page 15 Marketing Strategies Strategy Evaluation Renewal Community will develop and conduct surveys to determine the level of participation in the Renewal Survey results Community incentives and knowledge of these incentives to plan for future marketing campaigns. Renewal Community will develop a resource guide with business partnering agencies to promote the business Number of guides distributed. Survey partnering organizations and their services, business resource center and their services, Texas Enterprise Zone businesses to determine effectiveness of the benefits, City tax incentives, Development Center, Renewal Community Tax Incentives. guide. Provide signs along the perimeter of the Renewal Community to indicate the boundary of the Renewal Signs are to be installed in 2003 Community or entering the Renewal Community Present custom proposals to private industry that will employ more than 50 workers and who are seeking to Provide the number of custom proposals locate in the Renewal Community. submitted each year and results (investments made to the Renewal Community and the number of jobs created. Develop short videos to increase awareness of the Renewal Community incentives. The video will be broadcast Broadcast of the video. Number of videos on public access and used as a marketing piece for businesses inquiring about locating to the Renewal distributed and the results of the distribution. Community. Continuously solicit new partners to optimize the potential for lowering the unemployment rate, poverty rate and Annually report partners and their commitment raising the household income of individuals in the RC and promoting economic development in the RC to the RC and their outcomes. Tax Incentive Utilization Plan Page 16 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 14, TO REDUCE BUILDING PERMIT AND SURVEY FEES FOR BUSINESSES OPERATING EXCLUSIVELY IN THE RENEWAL COMMUNITY; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christi's Census Tracts 1, 3, 4, 10, and 11 as a "Renewal Community" eligible to share in tax incentives to stimulate job growth and promote economic development; WHEREAS, in December 2002, the City Council approved the Tax Incentive Utility Plan for the Renewal Community; WHEREAS, the Tax Incentive Utilization Plan included specific actions to be taken to amend ordinances to reduce certain fees for businesses in the Renewal Community; NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14-202 of the Code of Ordinances is revised to read as follows: "Sec. 14-202. Definitions. "Renewal Community means the area of the City of Corpus Christi in City of Corpus Christi Census Tracts 1, 3, 4, 10, 11 established by the U.S. Bureau of the Census. "Service system" means any electrical, energy conservation, fuel gas, mechanical, or plumbing system." SECTION 2. Section 14-1307 of the Code of Ordinances is rev sed to read as follows: "Sec. 14-1307. Reduced fees. "(a) Permit and survey fees for public schools, federal state, county and municipal government and other political subdivisions having ad valorem tax exempt status, and for churches and all other state constitutionally exempted ad valorem tax entities is fifty (50) percent of the regular permit fee; if the building and land on which the building is situated is owned and used by the tax-exempt entity. However, a reduced permit fee may not be less than the minimum fee regularly charged. A reduced fee may not be paid when work has been commenced without proper permits. APRIL 2004 RENEVVAL COMMUNITY ORD.DOC "(b) Permit and survey fees for buildin.qs within Renewal Community are fifty (50) percent of the re.qular permit fee." SECTION 3. This Ordinance takes effect on May 7, 2004 and expires December 31, 2009. SECTION 4. 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 5. 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. APRIL 2004 RENE'WAL COMMUNITY ORD.DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That 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: 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 THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ day of ~ Lisa Aguila{~) Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,2004 APRIL 2004 RENEWAL COMMUNITY ORD. OOC