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HomeMy WebLinkAboutAgenda Packet City Council - 04/10/2007CITY COUNCIL AGENDA APRIL 10, 2007 Corpus Christi 1 1 ' 11:45 A.M. - Proclamation declaring April 13 -16, 2007 as "Generosity Weekend" Proclamation declaring the week of April 8 -14, 2007 as "National Public Safety Telecommunicators Week" Proclamation declaring the week of April 15 -21, 2007 as "National Volunteer Week" Proclamation declaring the month of April as "Fair Housing Month" 'At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 APRIL 10, 2007 10:00 A.M. Pusug NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHI *TED NV 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 CoWtcil 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 *sea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete ingles -espaf of en todas las juntas del Conciio para ayudarle. Persons teeth disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Phillip Phifer, Trinity Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. cry Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Rex Kinnison ounci embers: Brent C sney Melody Cooper Jerry Garcia Bill Kelly John Merez Jesse NCyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting April 10, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. l NUTES: 1. Approval of Regular Meeting of March 27, 2007. (Attachment #1) F. llARIQS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. SPECIAL PRESENTATION. Water Improvement Projects Completed in 2006 I. 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 beerdiscussed 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 withdravm for incNvidual consideration in its normal sequence after the items not requiringseparete discussion have been acted upon. The remaining items will be adopted by one vote. PONSE MCOONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM VitS MEETINGS (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting April 10, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. Motion approving a supply agreement with HD Supply/Waterworks, of Corpus Christi, Texas for approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. BI- 0079 -07 based on low total bid for an estimated semi - armual expenditure of $56,350.50 of which $37,567 is available in FY 2006 -2007. The term of the supply agreement will be for six months with an option to extend for up to five additional six- month periods subject to the approval of the supplier and the City Manager or his designee. These items will be purchased into Warehouse Inventory and used by the Water, Wastewater, and Park Maintenance Departments. Funds are available through the Stores Fund for FY 2006 -2007 and have been requested for FY 2007- 2008. (Attachment #2) (Requires 2/3 vote) 3. Resolution authorizing the submission of a grant application in the amount of $43,430 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Urtit with a City match of $14,007 and $2,400 in -kind services and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment #3) 4. Ordinance appropriating an amended grant from the Division of Emergency Management, Office of the Governor, in the amount of $15f,634.59 to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program, in the No. 1062 Fire Grants Fund. (Attachment #4) (Requires 2/3 vote) 5. Ohtlinance appropriating $592,500 from the Unreserved Fund Biance designated for negotiated firefighter pay in the General Fund for firefighter salary increases; amending Ordinance No. 01908 which adopted the FY 2006 -2007 Operating Budget to in$rease appropriations by $592,500. (Attachment #5) (Requires 2/3 vote) Agenda Regular Council Meeting April 10, 2007 Page 4 6.a. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA) for affordable housing to extend the term of the program agreement and to increase the maximum home purchase price. (Attachment #6) (Requires 2/3 vote) 6.b. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and the Nueces County Community Action Agency (NCCAA) for affordable housing for a Pilot Infill Housing Project to extend the term of the program agreement; to increase the maximum home purchase price; and to change the warranty deed requirement. (Attachment #6) (Requires 2/3 vote) 6.c. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Contract between the Corpus Christi Business and Job Development Corporation and Randy F*rrar, dba Miramar Homes, for the Affordable Housing Program Agreement, to extend the term of the program agreement. (Attachment #6) (Requires 2/3 vote) 7.a. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives to A. C. Distribution, Inc., for the creation of jobs to extend the term of the program agreement. (Attachment #1) (Requires 2/3 vote) 7.b. Resolution authorizing the City Manager or his designee to execute the First Amendment to the Agreement to Grant Business Incentives to McTurbine, Inc., for the creation of jobs to extend the term of the program agreement. (Attachment #7) (requites 2/3 vote) Adoption of an Ordinance with respect to Allied Waste North America, Inc. and its subsidiaries or affiliates project approving the issuance of revenue bonds by the Mission Economic Development Corporation, designating a Public Hearing Officer and authorizing the City Mayor to execute certificates approving the ordinance and public hearing. (Attachment #8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting April 10, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9. Motion authorizing the City Manager or his designee to execute a construction contract for Base Bid "B" in the amount of $758,198 and Additive Alternate No. 2 in the amount of $83,060, for a total construction contract in the amount of $841,258, with D & C Fence Company, Inc., of Corpus Christi, Texas for the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. (Attachment #9) (Requires 2/3 vote) 10. Motion authorizing the City Manager or his designee to execute a construction contract with King - Isles, Inc., of Corpus Christi, Toms in the amount of $2,347,765 for the Up River Road Water Line Improvements - Dona Drive to Savage Lane for the Total Base Bid and Additive Alternative No. 2. (Attachment #10) (Requires 2/3 vote) 11. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $46,048.56 for renovations to the Joe Garza Recreation Center. (BOND ISSUE 2004 and COMM NVITY DEVELOPMENT BLOCK GRANT) (Attachment #i1) (Requires 2/3 vote) 12. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with SLC Construction, L.P., of Conroe, Texas in the amount of $261,300.02 for the replacement of existing water lines as part of tho Lindale /Chenoweth Drainage project. (Attachment #12) (Requires 2/3 vote) 13. Motion approving the application from MMJ Communication to temporarily close the following street sections, the Peoples Street T-4-lead and the entire Peoples Street T -Head water area as olined below for the Texas International Boat Show, to be held on Thursday, April 26, 2007 through Sunday, April 29, 2007. (Attachment #13) Agenda Regular Council Meeting April 10, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1) The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right -of- way of Starr Street, in order to facilitate the set up and tear down of the Texas International Boat Show, beginning at 12:01 p.m. on Monday, April 23, 2007 until 6:00 p.m. on Monday, April 30, 2007. 2) This includes the entire Peoples Street T -Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the breakwater starting from the Peoples Street T-Head following west to an equal point on the seawall in line with Taylor Street and a point South on the Peoples Street T -Head South of Dock "E" to a point on the seawall in line with Schatzel Sheet. The Peoples Street T -Head water access area closure is from April 24, 2007 at 6:00 a.m. through April 30, 2007 at 6:00 a.m. 14. Motion approving the application from the Buccaneer Commission to temporarily close the following street sections for the 69th Annual Buccaneer Days Carnival and the 6th Annual Buc Days BlQ Challenge and Rodeo Festival, April 25, 2007 through May 6, 2007. (Attachment #14) 1) The temporary street closures of both legs of Shoreline Boulevard, northbound and southbound from the north right -of- way line of Power Street to the South Texas Art Museum for the 6th Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April 21, 2007 to 5:00 p.m., May 7, 2007. 2) Additionally, Palo Alto and Fitzgerald Streets from southbound Shoreline Boulevard to Water Street will require temporary cldsures for the annual Buc Days Rodeo, Buc Days Carnival, and B$Q Challenge beginning at 8:00 a.m, April 21, 2007 to 5:00 p.rn., May 7, 2007. 3) In cooperation with the Texas Department of Transportation, Nerth Broadway, including under US 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m., April 23, 2007 through 11:00 p.m, April 28, 2007. Agenda Regular Council Meeting April 10, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4) Temporary street closure of Resaca Street from Water Street to Shoreline Boulevard beginning at 8:00 a.m., April 21, 2007 through 5:00 p.m. May 7, 2007 for the Buc Days Challenge, Carnival, and Rodeo.. 15. Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2007 Buccaneer Days Festival and related acvities to allow use of Shoreline Boulevard from Power Street north up to and including the Barge Dock area, and additional Tots bounded by South Shoreline, Fitzgerald, Water and Palo Alto Stets and additional lot bounded by South Shoreline, Fitzgerald, Water and Resaca Streets; during April 18 through May 11, 2007, provide for the Commission paying 50% police overtime and 100% all other city costs and provide for reduced temporary food vendor permit fees of $35 for 2007 Buccaneer Days Festival; ( Attachment #15) (Requires 2/3 vote) 16. Second Reading Ordinance - Adopting the Corpus Christi International Airport Master Plan Update as an element of the Comprehensive Plan of the City of Corpus Christi, and providing for publication. (First Reading 3/27/07) (Attachment #16) (Requires 2/3 vote) J. REGULAR AGENDA CONSIDSATIQ,1 OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17. Resolution approving amendments to the Corpus Christi Business ared Job Development Corporation guidelines and criteria for granting business incentives. (Attachment #17) 18. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $749,221 for North Port Avenue - IH 37 to US 181. (BOND ISSUE 2004) (Attachment #113) (Requires 2/3 vote) Agenda Regular Council Meeting April 10, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19.a. Ordinance appropriating $176,172 from interest earnings into the Marina Development 2005 Capital Improvement Project 3233 Fund for the Marina Development Project Phase I I l: Docks E, F, G, and H project; amending the FY 2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $176,172. (Attachment #19) (Requires 2/3 vote) 19.b. Ntption authorizing the City Manager or his designee to ratify and award Change Order No. 7 to a construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $49,942 for the Corpus Christi Marina Development Project Phase III (Dating Docks E, F, G, and H) for the installation of three phase electrical service for two locations on Dock E and pavement repairs on the Peoples Street T -Head. (Attachment #19) (F equiros 2/3 vote) K. PUBLIC HEARINGS: ZONING CASES: 20. COse No. 0107 -04, King's Crossing Realty, Ltd.: A change of zoning from a "R-1C" One - family Dwelling District and a "R -2" I1IItiple Dwelling District to a "R -2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay on the property described as King's Crossing Unit 21, Block 1, Lot 1, located southwest of the intersection of Cimarron Boulevard and Lens Drive. (Attachment #20) PtinningCommission and Staff's Recommendation: Approval of the "R -2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay with nine (9) conditions. ORDINANCE Amnendkig the Zoning Ordinance, upon application by King's Caossing Realty, Ltd., by changing the zoning map in reference tCing's Crossing Unit 21, Block 1, Lot 1, from "R-1C" One - family Dwelling District and "R -2" Multiple Dwelling District to "R- 2 /PUD- 2" Multiple Dwelling District with a Planned Unit Development -2 Agenda Regular Council Meeting April 10, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Overlay, subject to an approved replat and nine conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. (Requires 2/3 vote) 21. Cape Ng. 0207 -01, Owen Norton: A change of zoning from a "B- 4" General Business District to a "B -4 /PUD -2" General Business Dirict with a Planned Unit Development -2 Overlay on the property described as 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, and 19 of Surfside Addition, located north of Caribbean Drive and approximately 200 feet east of Laguna Shores Road. (Attachment #21) Pining Commission and Staff's Recommendation: Approval of a `13-4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay with eight (8) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Owen Na ton, by changing the zoning map in reference to 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, and 19 of Surfside Addition, from "B-4" General Business District to "B -4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay, subject to eight conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. (Requires 213 vote) 22. C e No. 0207 -04, R. Bryan Johnson: A change of zoning from a -1 B" One- family Dwelling District to a "RE" Residential Estate District on the property described as 73.442 acres out of Lots 1, 2, 3, 12, 13, 14, 15, aril 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive, Waldron Road, and south of Glenoak Drive. (Attachment #22) Plinningcommission and Staffs Recommendation: Approval of a E" Residential Estate District. Agenda Regular Council Meeting April 10, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by R. Bryan Johnson, by changing the zoning map in reference to 73.442 ages out of Lots 1, 2, 3, 12, 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" One - fatnily Dwelling District to "RE" Residential Estate District; artnding the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. (Requires 2/3 vote) L. PIPSE TATIONS: Public comment will not be solicited on Presentation items. 23. Crosstown Commons Development Proposal (Attachment #23) M. C IMITY DEVELOPMENT BLOCK GRANT (CDBG) P LIt HEARING TOSE CONSIDERED AT APPROXIMATELY 1: P.M.: 24.a. Ptblic hearing to receive public comments regarding the City of Carpus Christi's proposed FY 2007 Consolidated Annual Action Pion for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment #24) 24.b. Council discussion and possible recommendations on a list of proJectslactivities to be funded. (Attachment #24) N. P LI COMMENT FROM THE AUDIENCE ON MATTERS EDULED ON THE AGENDA WILL BE HEARD AT R • MATELY 4:00 P.M. OR AT THE END OF THE C N • MEETING,, WHICHEVER IS EARLIER. PLEASE L IT - , SENTATIQIS TO THREE MINUTES. IF YOU PLAN T ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CIMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A reGbrding is made of the meeting; therefore, please speak into the microphone loced at the podium and state your name and address. !f you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting April 10, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Si rusted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingliless- espanol en la reunion de la junta para ayudarle. Pit CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PliRSON, OR MEMBERS OF THE AUDIENCE SHALL MINUTE, EMBARRASS, ACCUSE, OR SHOW ANY PI! ?SONAL DISRESPECT FOR ANY MEMBER OF THE S*AFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO Ri TR IN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. E*CUTIVE SESSION: PLELIC 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. 25. Exxcutive session under Texas Government Code Section 551.071 regarding Cause No. 06- 1865 -A, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 28th Judicial District Court, Nueces County, Texas; Cause No. 06- 1866 -B, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 117th Judicial District Court, Nueces County, Texas; Cause No. 06- 1867 -B, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 117th Judicial District Court, Nueces County, Texas; Cause No. 06- 1873 -A, Southwestern Bell Telephone, L.P., D/B/A AT&T Texas vs. City of Corpus Christi, in the 28th Judicial District Court, Nueces County, Texas; Cause No. 06,1875 -E, Southwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 214th Judicial District Court, Nueces County, Texas; and Cause No. 06- 1894 -F, Sc*ithwestern Bell Telephone, L.P., D /B /A AT &T Texas vs. City of Corpus Christi, in the 214th Judicial District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting April 10, 2007 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 0070 -A; Joe McComb and Joe McComb Enterprises, Inc. vs. the City of Corpus Christi, in the 28!' Judicial District Court of Nueces County, with possible discussion and action related thereto in open session. P. REPORTS: Tte following reports include questions by Council to Staff regarding Cly policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concems; 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. 27. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 28. CITY MANAGER'S REPORT Upcoming Items 29. MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS @. AIJOURNMENT: PeSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hatt, 1201 Leopard Street, at .'' 'jC, p.m., April 6, 2007. Armando Chapa City Secretary Agenda Regular Council Meeting April 10, 2007 Page 13 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 PRE $CNT Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Cour?Cil Members; Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 27, 2007 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Ernest Jones and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 20, 2007. A motion was made and passed to approve the minutes as presented. * * * * * * t * * Director of Engineering Angel Escobar briefly informed the Council about the Public Facilities Capital Improvement Projects completed in 2006. ** * * * * *ft. * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 - 15). City Secretary Chapa announced that Council Member Noyola would be abstaining from the discussion and vote on Items 4, 10.a. and 10.b. Mr. Abel Alonzo asked that Item 5 be pulled for individual consideration. Council members requested that Item 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2007 -075 Motion approving a supply agreement with Brance - Krachy Co., Inc., of Houston, Texas for approximately 403 magnesium anodes in accordance with Bid Invitation No. BI- 0137 -07 based on low total bid for an estimated semi - annual expenditure of $56,214.23. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been requested by the Gas Department in FY 2006 -2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". MOTION NO. 2007 -076 Motion approving a supply agreement with T. D. Williamson, of Tulsa, Oklahoma for hot tap fittings in accordance with Bid Invitation No. BI- 0134 -07 based on only bid for an estimated Minutes — Regular Council Meeting March 27, 2007 — Page 2 annual expenditure of $35,310. 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 are available from the warehouse inventory account for FY 2006 -2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 4. MOTION NO. 2007 -077 Motion approving supply agreements with the following companies for the following amounts, for vehicle and equipment tires in accordance with Bid Invitation No. BI- 0110 -07, for an estimated annual expenditure of $446,723.69. Awards are based on low bid and only bid, on a multiple progressive basis. The term of the contracts will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Maintenance Services and Aviation in FY 2006 -2007. Wingfoot Commercial Tire Systems, LLC Corpus Christi, TX Items: 1.1 -1.12, 1.14, 1.16 -1.19, 2.1 -2.3, 2.7, 2.8, 2.10, 2.12 -2.14, 3.3, 4.2, 4.3 Total: $210,358.66 Cases Tire Company, Inc. Corpus Christi, TX Items: 1.13, 1.15, 1.20 Total: $7,503.03 Strouhal Tire Corpus Christi, TX Items: 2.4-2.6, 2.9, 2.11, 3.1, 3.2, 4.1, 4.4 Toth: $228,862 Grand Total: $446,723.69 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye "; Noyola abstained. RESOLUTION NO. 027191 Resolution authorizing the submission of a grant application in the amount of $125,969 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $29,066, $13,200 in -kind services, for a total project cost of $168,235 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Minutes - Regular Council Meeting March 27, 2007 -. Page 3 7.a. RESOLUTION NO. 027192 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $16,000 for hazardous materials emergency preparedness planning activities in the No 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 027193 Ordinance appropriating $16,000 from the Texas Department of Public Safety, Governor's Division of Emergency Management, hazardous materials emergency preparedness grant program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise, with soft match of $4,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8.a. MOTION NO. 2007 -080 Motion authorizing the City Manager or his designee to execute all documents necessary with the United States Department of Housing and Urban Development (HUD) to accept and implement the 2006 Continuum of Care Grant for Homeless Supportive Housing Program Renewals. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 027194 Ordinance appropriating a grant of $1,074,009 from the United States Department of Housing and Urban Development for the 2006 Continuum of Care Grant Program in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8.c. MOTION NO. 2007 -081 Motion authorizing the City Manager or his designee to execute subrecipient agreements for funds provided from the 2006 Continuum of Care Grant which includes: (1) $150,577 for Nueces County Mental Health and Mental Retardation Community Center; (2) $134,971 for Wesley Community Center; (3) $309,539 for the Salvation Army; (4) $176,098 for Goodwill Industries of South Texas, Inc. (5) $142,569 for Coastal Bend Alcohol and Drug Rehabilitation Centerdba Charlie's Place; (6) $160,255 for Corpus Christi Metro Ministries, Inc., for homeless supportive housing program renewal projects and activities. Minutes - Regular Council Meeting March 27 2007 - Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 9 RESOLUTION NO. 027195 Resolution supporting the Corpus Christi Regional Transportation Authority (RTA) in its efforts to establish a regional maintenance facility and its request that the Texas Transportation Commission favorably consider the request of the RTA for Transportation Development Credits (TDC) and allocate the amount of $2.9 million in TDCs to the RTA for this important project. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 10.a. ORDINANCE NO. 027196 Ordinance authorizing the City Manager or his designee to execute an Airline Use and Lease Agreement with Continental Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of fees that total approximately $5.95 per enplaned passenger for a term expiring July 31, 2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye "; Noyola abstained. 10.b. ORDINANCE NO. 027197 Ordinance authorizing the City Manager or his designee to execute an amendment to the Airline Use and Lease Agreement which had an effective date of October 17, 2004 between the City of Corpus Christi and ExpressJet Airlines, Inc. for use of space at Corpus Christi International Airport changing portions of the leased premises and waiving certain Airport fees normally associated with such a lease in consideration of ExpressJet Airlines, Inc. establishing new direct nonstop air service to a destination not currently served by the Corpus Christi International Airport for a term expiring July 31, 2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye ": Noyola abstained. 11 . MOTION NO. 2007 -082 Motion authorizing the City Manager or his designee to execute Amendment No. 3 for Professional Services with Gignac & Associates, Architects of Corpus Christi, Texas in the amount of $1,380,079 for a restated not to exceed fee of $2,255,314 for the Bayfront Development Plan, Phase 1 (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 12.a. MOTION NO. 2007 -083 Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving & Construction, Inc , of Corpus Christi, Texas in the amount of $148,536.68 Minutes -- Regular Council Meeting March 27, 2007 - Page 5 for the Americans with Disabilities Act (ADA) Compliance Curb - Ramp Improvements project for Total Base Bid Part "A" - Spohn Memorial Hospital Area. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 12.b. MOTION NO. 2007 -084 Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction & Paving, Inc., of Corpus Christi, Texas in the amount of $157,007 for the Americans with Disabilities Act (ADA) Compliance - Curb Ramp Improvements project for Total Base Bid Part "B" - Mary Grett/Cunningham /Chula Vista School Areas. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 13.a. MOTION NO. 2007 -085 Motion approving the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1, located south of Lipes Boulevard and west of Airline Road for the installation of 2,256 - linear feet of a 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 13.b. ORDINANCE NO. 027198 Ordinance appropriating $111,514.69 from the Arterial Transmission and Grid Main Trust Fund No. 209010 -4030 to pay the Al Development, Inc. reimbursement request for the installation of 2,256- linear feet of a 12 -inch PVC grid main to develop Airline Crossing Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 14, MOTION NO. 2007 -086 Motion authorizing the City Manager to execute a Sanitary Sewer Connection Agreement with Dr. Pedro Torres (Developer) for future construction of wastewater public improvements for St. Germaine, Block 1, Lot 1, in accordance with the Platting Ordinance, Section V - Required Improvements, Subsection B.6.a. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 15. ORDINANCE NO. 027199 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for publication; and providing an effective date of June 1, 2007. Minutes — Regular Council Meeting March 27, 2007 — Page 6 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 5 regarding the purchase of tasers and stop sticks for the Police Department. Police Chief Bryan Smith explained that the purchase of the tasers and stop sticks would assist police officers in their daily operations to protect the safety of citizens and officers. Chief Smith referred to video footage of cases where the usage of tasers was necessary. Council members asked questions regarding the number of patrol units; explanation of a stop stick; policies implemented for the use of tasers; deaths attributed to tasers; targeted areas of the body; and the number of officers in the pilot program. Abel Alonzo, 1701 Thames, said the purchase was a good example of the work the Crime Control and Prevention does for the safety of police officers and citizens. City Secretary Chapa polled the Council for their votes as follows: 5.a. ORDINANCE NO. 027190 Ordinance appropriating $110,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2006 -2007 Operating Budget; amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing appropriations by $110,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye" 5.b. MOTION NO. 2007 -078 Motion approving the purchase of fifty -eight (58) tasers, 1,046 taser cartridges, and one (1) taser simulation training suit from GT Distributors, of Austin, Texas in accordance with Bid Invitation No. BI- 0153 -07, based on sole source for a total expenditure of $80,926.02. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund and the Law Enforcement Trust Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 5.c. MOTION NO. 2007 -079 Motion approving the purchase of one hundred (100) stop sticks from Stop Tech, Ltd., of Harrison, Ohio in accordance with Bid Invitation No. BI- 0152 -07, based on sole source fora total expenditure of $34,900. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Abel Alonzo, 1701 Thames, asked to speak on Item 12 regarding ADA Compliance — Curb Ramp improvements. He thanked staff for their efforts to eliminate barriers for the disabled community. Minutes -- Regular Council Meeting March 27, 2007 — Page 7 Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the fo $owing public hearing: 16.a. Public hearing regarding the Corpus Christi International Airport Master Plan Update. Dave Hamrick, Director of Aviation, provided a background of the project and introduced the consukants of PGAL. Barbara Michael, PGAL, referred to a powerpoint presentation including: the future vision of the airport; a chart of the passenger forecast summary and anticipated trend; the planning activity levels and recommendations; airfield alternatives analysis and recommendations; passenger terminal recommendations; recommendation for additional access and parking; air cargo; aviation support facilities; sites for commercial development; preferred development alternatives; cost analysis; sources of capital funding and next steps. Council members asked questions regarding accommodations for a 747 aircraft; the width of the firefighting station door; the addition of a 2nd passenger screening checkpoint lane; the passenger forecast; air cargo expansion potential; sources of capital funding and project costs; immetkate impacts; the number of aircraft gates; implementation of additional airlines; and in -line baggage screening. There was no public comment. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 16.b. FIRST READING ORDINANCE Adopting the Corpus Christi International Airport Master Plan Update as an element of the Comprehensive Plan of the City of Corpus Christi, and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Casek No. 0107 -03, Reimco, LLC, Trustee: A change of zoning from a "R-1B" One - family Dwelling District to an "AB" Professional Office District on property described as 6.928 acres of and out of the most westerly portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 12. Lot 21 located south of Wooldridge Road and west of Dewberry Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the 'AB" Professional Office District. Dan McGinn, Project Manager, referred to a powerpoint presentation including an existing land use map; photographs of the subject property; a future land use map; a timeline of the zoning case; issues raised by the surrounding neighborhood residents; and a solution to place deed restrictions that prohibit specific uses on the property. He added that staff is recommending the deed restriction be recorded before the zoning change takes affect. Hal Burgess, President of the Bent Tree Homeowners Association and residing at 2801 Chapel View, stated that the association is satisfied with the warranty deed restrictions. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting March 27. 2007 _ Page 8 17 ORDINANCE NO. 027200 Amending the Zoning Ordinance, upon application by Reimco, LLC, Trustee, by changing the zoning map in reference to 6.928 acres of land out of the most westerly portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 12, Lot 21, from "R -1B" One - family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" * * * * * * * * * * ** Mayor Garrett opened discussion on Item 18 regarding a grant from the Texas Parks and Wildlife Department. Director of Engineering Angel Escobar presented this item. Council Member Scott asked questions regarding the number of parking spaces and date of construction. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 027201 Resolution authorizing the City Manager or his designee to accept a Texas Parks and Wildlife Department grant in the amount of $500,000 for the Packery Channel Boat Ramp Parking Lot and Access Road and to execute a grant acceptance and all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 18.b. ORDINANCE NO. 027202 Ordinance appropriating $500,000 from a Texas Department of Parks and Wildlife grant into the Marina Grant Fund No. 1058 for the Packery Channel Boat Ramp Parking Lot and Access Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 19 regarding the Master Channel 27 Improvements project. Director of Engineering Angel Escobar explained that the project would extern! Master Channel 27 to alleviate flooding and future flood events. Council Member Garcia asked questions regarding the timeline for completion and supplemental hurricane issues. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2007 -087 . Motion waiving an irregularity and authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvements project for the Base Bid and Additive Alternates No. 1.3. and 4. Minutes — Regular Council Meeting March 27, 2007 — Page 9 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". * x * * * * * Y * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced the warning period phase for the "Red Light Program" began on Monday, March 26th. Mr. Noe announced the Neighborhood Pride Program Meeting scheduled for tonight at 6:00 p.m. at Rose Shaw Special Emphasis School. Mayor Garrett asked for an update on the chiller replacement for the Police Department. Mayor Garrett called for Council concerns and reports. Council Member Noyola spoke regarding the need for graffiti surveillance cameras. Mayor Garrett called for petitions from the audience. Roy Tansill, 16117 Pionciana, spoke regarding the trenches created by Mr. Paul Schexnailder, the safety associated with the trenches, and that no permits were ever requested or granted. Johnny Perales, Acting Assistant Director of Development Services, said staff has made the property owner aware of the ordinance requirements and is working toward resolving the issue. Mr. Perales stated that the developer said he has made contact with the Corps of Engineers and other regulatory authorities. Council members asked questic ns regarding the safety issues of the trenches; the guidelines of the ordinance, process and penalties; and contact with the residents. Council members asked staff to keep Mr. Tansill informed on the process and provide verification of the permit credentials that the developer has reported filing to the Texas General Land Office and Corps of Engineers. Keith Arnold, 317 Santa Monica, gave an update on the activities of the Convention and Visitors Bureau and announced the quarterly report would be provided in April. Tony Hartwell, Public Relations Director of the Small Breed Animal Shelter, expressed his concern regarding animal carcasses on streets. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11:53 a.m. on March 27, 2007. 2 Requested Council Date: 04/10/07 Alternate Date: 04/17/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with HD Supply'Waterworks, Corpus Christi, Texas, for approximately 1,189 cast iron foundry items in accordance with Bid Invitation No. B1- 0079 -07 based on low total bid for an estimated semi- annual expenditure of $56,350.50 of which $37,567 is available in FY 06/07. The term of the supply agreement will be for six months with an option to extend for up to live additional six -month periods subject to the approval of the supplier and the City Manager or his designee These items will be purchased into Warehouse Inventory and used by the Water. Wastewater. And Park Maintenance Departments. Funds are available through the Stores Fund for 06/07 and have been requested for FY 07/08. : t:************ *a-*** ** * * * * *-r**** *** * ** +*** * ** *:-=r• ,:r•** *** * * * * * * **** * * ** * * ** **** Purpose: Previous Contract: Bid Invitations Issued: Bid Invitations Received Price Analysis: 1 hese items consist of meter boxes, valve boxes, manhole rings and storm gates. They are installed at new locations and used .is replacements for damaged units. 1 he option to extend the current contract was not exercised due o the vendors inability to maintain current pricing. Nine Iwo Pricing has increased 35% since the last contract of October 2004 This is due to the rising cost of raw material and fuel. The market for steel products remains in very tight supply. Basis of Award: ow Total Bid: East Jordan Iron Works, San Antonio, Texas conditioned their bid as all or none. Funding: Warehouse Inventory >010- 00000- 200350 Michael Barrera Assistant Director of Financial Services $56,350.50 C;TY OF CORPUS CHRISTI PURCHASING DIVISION DATE 4110/D7 BIC ITEM DESCRIPTION 01Y MET BOXI AND LIDS 1 Rectangular Meter Box per drawng #1 15 2 Lid for item #1 1 "METER' 15 ? 3 Lid for item #1.1 "SEWER" 15 4 Rectangular Meter Box per drawng #2 15 5 Lid for item #1.4 "METER" 15 6 Lid for item #1.4 "SEWER' 25 7 Rectangular Meter Box per drawing #3 15 8 Lid for item #1.7 "METER" 7 9 No ` Oval Meter Box 600 '0. Lid for item #1.9 "WATER METER" 50 VALV,SOX EXTENSIONS AND LIDS 2.1 Adjustable Valve Box Extensions 100 22 Lid for item #2.1 "WATER" 100 MANIILE RIMS AND COVERS 3.1 Standatd Roadway Manhole Ring 105 3.2 Cover for item #3.1 "SANITARY SEWER" 30 3.3 Light Duty Sidewalk Manhole Ring 60 3.4 Cover for item #3.3 "CITY OF 10 CORPUS CHRISTI TX' STORIO DRAWN INLET GRATES AND FRAMES Inlet frirne 6 Inlet grate 6 TOTAL: NOTE: BID TABULATION 13I- 0079 -07 CAST IRON FOUNDRY ITEMS HD SUPPLY/WATERWORKS CORPUS CHRISTI, TX UNIT TOTAL PRICE PRICE (1) EAST JORDAN IRON WORKS SAN ANTONIO, TX UNIT TOTAL PRICE PRICE $39 7() $595 50 11 00 165 00 11 CO 16500 84.00 1.260 00 17 C0 255 00 17 CO 425 00 51 00 765 00 19.50 136.50 35.50 21.300.00 10 00 500 00 33 00 3,300.00 1700 1,70000 145 00 15,225 00 77 00 2,310.00 104 00 6,240.00 45 45 454.50 169 00 1,014.00 90.00 540.00 $56,350.50 (1) East Jordan Iron Works San Antonio. Texas conditioned their bid as all or none $150.00 $2,250.00 50.00 750.00 50.00 750.00 150.00 2,250.00 50.00 750.00 50.00 1,250.00 150.00 2,250.00 50.00 350.00 28.56 17,136.00 15.83 791.50 81.81 8,181.00 12.56 1,256.00 110.57 11,609.85 92.89 2,786.70 74.10 4,446.00 56.65 566.50 211.30 1,267.80 98.53 591.18 $59,232.53 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/10/07 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $43,480 to the State of Texas, Criminal Justice Division for Year 8 funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City mate of $14,007 and $2,400 in -kind services and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: Eighth year funding is available from the State of Texas, Criminal Justice Division, under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long- term Vaums experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary! benefits for a Victim Case Manager, equipment, supplies, training, and mileage. The case manager provides services to victims including information and referral, criminal juke support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates located at the District and County Attomey office. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to undelrstand and participate in the criminal justice system, and provide victims of crime with a meaure of safety and security. The case manager also works closely through coalitions and with ether agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. FUNDING: The State provides $43,430 for the salary of the Victim Case Manager and printing, volunteer hours contribute $2,400 as in -kind contribution, and the City contributes $14,007 for supplies, equipment, and training. The funding is not on a declining percentage or ending funding cycle, but is subject to the federal appropriation awarded to the State for distribution. Funding is available 911/07 — 8/31/08. RETIRED COUNCIL ACTION: Approval to submit application. Bryan P. Smith Chief of Police VOCA 07106 _ Cried_ CJD Grantee In -Kind Total Personnel S 40,930 $ - S 2,400 $ 43,330 Personnel: Victim#! Case Manager 100% time S 30,503 S 10,427 S - $ - S - $ - $ 30,503 $ 10,427 Fringe H refits: retirement, insurance Volunteer staff: 300 hours valued at S8/hour $ - $ 2,400 $ 2,400 Professio l and Contractual S - $ - $ - S - Travel an4Traini $ - $ 3,855 $ - $ 3,855 Equipme A $ - $ - $ - $ Supplies $ 2,500 _ S 10,152 $ - $ 12,652 Total Dire Charges S 43,430 S 14,007 S 2,400 S 59,837 Indirect Costs (not allowed) $ - $ - S - S - TOTAL $ 43,430 $ 14,007 $ 2,400 $ 59,837 72.58% 27.42% $ 16,407 Fringe ::: a i is on $ 30,503 CJD Grantee Texas cipal Retirement System 14.58% S 4,447 FICA 7.65% S 2,333 Insurance $ 3,646 Total Fri a Bull its S 10,427 S - Travel Traitg CJD Grantee A. In travektad training costs $ - $ 1,200 B. Local " c50 miles/mo @ .485 /mile S - $ 1,455 C. Out o ' to travel $ - S 1,200 Total $ - $ 3,855 S 3,855 Equipmeit CJD Grantee $ - S - Total - $ - $ - $ - Supplies CJD Grantee InKind A. Officcsupplies $ - $ 1,500 $ - B. Comn mications 1. C lular pone airtime (35 x 12) $ - $ 420 $ - 2. Computer rental $ - $ 732 C. Printing educational literature $ 2,500 S 4,000 $ - $ - $ 1,000 $ - _D. _ E. Mi office equipment $ - $ 2,500 $ - Total $ 2,500 S 10,152 $ - S 12,652 4/2/2007 VOCA BUDGET.XLS 0708 e cram - frtlect Summar\ vIAKE i RE "OL C1.OSE THIS PAGE !!!) Page 1 of 3 Print This Pa e Agency Name: Corpus Christi, City of Grant /App: 1522308 Start Date: 7i 1/2007 End Date: 6/30/2008 Project Title: Victims of Crime Act Status: Application Pending Submission Fiscal Detail Information Introducon This Bud section of your application Mails budget line items for your proposed project. To create a new budget line item, dick on the icon in the New dgetn column. You wif be directed to a different area on this page to make selections specific to the budget category. After making y selecten, write a brief description of the line item in the Expenditure Description box and enter the amount of CJD funds, Cash Match, and, applicable, In Kind Match in the areas provided. In the percentage box, you can enter a percentage for Personnel or number of items to be purchased for Supplies andior Equipment. When you have finished, click on the Add New Budget Line Item button. Repeat this process foraaach budget line item needed in each budget category. If you need to edit your entries, click on the ' +' icon to expand the budget grid. You we notice that a pencil icon will display after expanding the grid. Click on the pencil icon to be directed to the editing section on this page and fetow the instructions in this area to complete your edits. Click on the Save and Continue button at any time to save the information entered on this page. If you do not click on the Save and Continue button and navigate away from the page, your work will be lost. You may also choose to compose a message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. Budget Inttrmation by Budget Line Item: CATEGORY CATEGORY DESCRIPTION DESCRIPTION CJD CASH MATCH IN -KIND MATCH GPI TOTAL UNIT!'° Personnel Advocate Victim Case Manager -total salary of $30,503. Case Manager provides crisis counseling, follow -up contact, personal advocacy, telephone contact, information and referral. Fringe Benefits for total salary= 10,427 (1.TX Municipal Retirement System e114.58 %= $4,448; 2. FICA @7.85 % = 2,334; 3. Insurance= $3646). $40,930.00 $0.00 $0.00 $0.00 $40,930.00 100 Supplies and Direct Operating Expenses Cellular, Fax, Pager, and/or Office Telephone Communications Cost will be used for the fill time Victim Case Manager [1. Cellular phone airtime($35.00X 12 months = 6420)]. $0.00 $420.00 $0.00 $0.00 $420.00 0 Supplies and Direct Operating Expenses Computer Software and Media Computer Rental ($61.00 X 12 months = $732). The City is under a contract with Dell to lease PCs /Lap Tops with a three year lease contract. $0.00 $732.00 $0.00 $0.00 $732.00 0 Personnel Intern, Mentor. Service Provider, Student Worker, and/or Support Staff Volunteer Staff (300 hrs @$8.00 /hr) wit provide assistance with mail outs, data entry, filing, CVC applications, and other general duties as needed in order to successfully meet project goals $0.00 $0.00 $2,400.00 $0.00 $2,400.00 100 Supplies and Direct Operating Expenses Office Equipment and/or Furniture (baled on prior) Office Equipment costs will include: paper folder, paper shredder and fold up cart ($1,500); Office Furniture costs will include: file cabinet and shelves (6500). $0.00 $2,000.00 $0.00 $0.00 $2,000.00 0 Office Supplies- include general office supplies for the project staff. The https: / /cj Ionline.governor.state.tx.us /proj ect/GrantPrintableSunmiary. aspx ?PrintCode= 8 &g... 4/2/2007 dt alt - r i ect Sarttx IAKr Kt t C)L; C 1 OS1 THIS PAGE 1!!) Page 2 of 3 Supplies and Office Direct Supplies Operating (e.g., paper Expenses postage, calculator) supplies include but are not limited to pens, highlighters, correction tape, batteries, glue sticks, stamps, ink pads, staplers, staples, envelopes, scissors, notepads, tapes, cassettes, CD's, disks, ink cartridges, toners, drums, sorter pals, calendars, indexes, and other office supplies. ($1,500) Cost for Postage -Funds wit be used to follow -up with victims who make offense reports.(1,000) $0.00 $2,500.00 $0.00 $0.00 $2,500.00 0 Supplies and i Presentation Direct 1 andlor Operating Training Expenses i Supplies Printing costs ($3,000) for brochures to be distributed to victims of crime and at trainings, containing information on the following issues: Crime Victim Rights, Safety Planning, Judicial Procedures, Crimes and Victimization Issues, and Helpful Phone Numbers. Expense Costs ($1,500) for Public Awareness Items to be distributed to victims of crim and at trainings, containing Useful Numbers for Victims of Crime. Presentation Costs include fold up tables for presentations, brochure holders. information fold up board, label tools and small tent with program logo for outside presentations.($2,000) $2,500.00 $4,000.00 $0.00 $0.00 $6,500.00 0 Supplies and j Printer, Fax. Direct ; andlor Operating Scanner Expenses 1 (Valued 1 Under $500) All in one Printer /Fax/Scanner cost ($500). $0.00 $500.00 $0.00 $0.00 $500.00 0 Travel and Training Registration Fees, Trebling, and /or Travel In -state Travel and Training Costs $1,200(1. Costs sending Advocate to in -state training conferences. At this time we will be unable to be specific on training opportunities and costs to be paid by grant funding; 2. Costs will be expanded using the Runzheimer Travel Index to provide per diem, quotations: additional costs will include tuition, lodging, airfare, rental car, mileage reimbursement, and related fees.) Local Mileage: $1455= 250miles /month (@$0.485 $0.00 $2,655.00 $0.00 $0.00 $2,655.00 0 Travel and Training Registration Fees, I Training, andlor Travel Out of State Travel and Training Costs -Same policies as In -state Travel. The National Organization for Assistance(NOVA) is holding its 33nd Annual Victim's Conference. NOVA has developed a National Advocate Credentialing Program (NACP). The NACP will be held in Reno, Nevada. I have not found any established Advocate Credentialing programs in Texas. $0.00 $1,200.00 $0.00 $0.00 $1,200.00 0 Budget Summary Information by Budget Category: CATEGO!Y CJD CASH MATCH IN -KIND MATCH GPI TOTAL Personnel $40,930.00 $0.00 $2,400.00 $0.00 $43,330.00 Supplies and Direct Operating Expenses $2,500.00 $10,152.00 $0.00 $0.00 $12,652.00 https:ii cjdonline.governor. state.tx.us /proj ect/GrantPrintableSummary.aspx ?PrintCode= 8 &g... 4/2/2007 roect Sur mar\ \TAKE S JRE >'OU (LOSE THIS PAGE !!!) Page 3 of 3 avel and Training $0.00 1 $3,855.00 Budget Grand Total Information: $O.00I $0.00 $3,855.00I CJD CASH MATCH IN -KIND MATCH GPI TOTAL L---- $43,430.00 $14,007.00 $2,400.00 $0.00 $59,837.00 You are logged in as User Name: ShannonMcFarlir https : / /cjdonline.governor.state.tx. us /proj ectiGrantPrintableSummary.aspx ?PrintCode= B &g... 4/2/2007 - ~rf° ;ect Su,,,i .a.‘. - `v1Alt OL ( '1.OSE THIS PAGE 111) Page 1 of 1 I Print This Pap I Agency Name: Corpus Christi, City of Grant /App: 1522308 Start Date: 7 1/2007 End Date: 6/30/2008 Project Title: Victims of Crime Act Status: Application Pending Submission Budget Summary Information by Budget Category: CATEGORY CJD CASH MATCH IN -KIND MATCH GPI TOTAL Personnel $40,930.00 $0.00 $2,400.00 $0.00 $43,330.00 Supplies and Direct Operating Expenses $2,500.00 $10,152.00 $0.00 $0.00 $12,652.00 Travei and Training $0.00 $3,855.00 $0.00 $0.00 $3,855.00 Budget Grend Total Information: CJD CASH MATCH IN -KIND MATCH GPI TOTAL $43,430.00 $14,007.00 $2,400.00 $0.00 $59,837.00 You are logged in as User Name: Shar:nonMcFarl,r https: /, cjdonline .governor.state.tx.usiproj ect/GrantPrintableSummary.aspx ?PrintCode =11 &... 4/2/2007 ;rapt- - P i iect Suran and v1Ant: 01 (1 OS1. THIS PA(iE ".!!) Page 1 of 1 I Print his Pigie Agency Name: Corpus Christi, City of Grant/App: 1522308 Start Date: 7/1/2007 End Date: 6/30/2008 Project Title: Victims of Crime Act Status: Application Pending Submission Record Of Match Introduction The Sourcoof Match section of your appication coHects information regarding the source and amount of Cash Match and In Kind Match. Please enter the description and amounts of match in the spaces provided below and select whether the item is 'Cash Match' or' In -Kind Match'. After entering an item click on the Add New Item button. When an item has been added, it will appear in the 'Edit the Source(s) of Match Repod' table. You may edit each of the items added to this table by clicking on the 'pencil' icon. If you edited an item in the table, click on the diskette' icon to save your edited entries. Click on the Save and Continue button at any time to save the information entered on this page. If do not click on the Save and Continue button and navigate away from the page, your work will be lost. You may also choose to compose* message on this page for CJD to review. This can be done by typing in the Notes By Grantee / CJD message box. For further information aagarding matching funds refer to 1 TAC, §3.3; for program income refer to 1 TAC, §3.73 and §3.87. Detail Source of Match /GPI: DESCRIPTION MATCH TYPE AMOUNT City Of Corpus Christi Cash Match $14,007.00 In Kind Volenteer hkours I___. In Kind Match $2,400.00 Summary Source of Match/GPI: Total Report Cash Match In Kind GPI Federal Share GPI State Share $16.407.00 $14,007.00 $2,400.00 $0.00 $0.00 You are logged in as User Name: ShannonMcFarlir https : / /c j donl i ne. governor. stat e.tx. us /p roj ec t/ GrantPrintab l eS ummary . aspx ?PrintCode= 10 &... 4/2/2007 RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF 343,430 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DMSION FOR YEAR 8 FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $14,007 AND $2,400 IN -KIND SERVICES AND AUTHORIZING THE CITY MANAGER OF THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THIIREFORE, 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 giant application to the State of Texas, Criminal Justice Division in the amount of $43430 for Year 8 fun ng available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit. The City match for this grant is $14,007 and $2,400 in kind services. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the Toss or misuse of these Criminal Justice Division funds, the City c Corpus Christi assures that the funds will be retumed to the Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Arrtndo Chapa Henry Garrett City Secretary Mayor APPROVED: /�-�n` r Z- , 2007. By: t Joseph ame Y Assistant City Attorney For City Attorney Cows Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Meisdy Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mara Scott Reso -ant Vot7I.doc 2 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4/10/2007 AGENDA ITEM: An Ordinance appropriating an amended grant from the Division of Emergency Management, Office of the Governor, in the amount of $151,634.59 to carry out designated Homeland Security activities as part of the 2006 Homeland Security Grant Program, in the No. 1062 Fire Grants Fund; and declaring an emergency. ISSUE: On October 31, 2006 the City accepted a grant in the amount of $697,039.45 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program. The City has received a "Grant Adjustment Notice" from the Governor's Division of Emergency Management, increasing the original grant by $151,634.59 to a total award amount of $848,674.04. The funds provide for projects in the Citizen Corps Program, Law Enforcement Terrorism Prevention Program, State Homeland Security Program, and the Metropolitan Medical Response System. REQUIRED COUNCIL ACTION: Council Approval. PREVIOUS COUNCIL ACTION: Council has previously accepted Homeland Security Grants to purchase numerous security projects. CONCLUSION AND RECOMMENDATION: It is recommended that Council approve and appropriate the grant increase in the amount of $151,634.59. Richard Hooks Fire Chief Attachments: 1. Ordinance 2. 2006 Grant Adjustment Notice C \Documents and Settings\RickR\My Documents\Agenda Items \GrantAjustmentl.doc BACKGROUND INFORMATION he U. S. Department of Homeland Security annually issues grants to the State of Texas. The Ciovermor's Division of Emergency Management (DEM) serves as the State's agent for the various grant programs. C \Documents and Settings \RickR\My Documents Agenda Items \GrantAjustmentl.doc AN ORDINANCE APPROPRIATING AN AMENDED GRANT FROM THE DIVISION OF EMERGENCY MNA**EMENT, OFFICE OF THE GOVERNOR, IN THE AMOUNT OF $151,634.59 T 1 CAP*Y OUT DESIGNATED HOMELAND SECURITY ACTIVITIES AS PART OF TIOE 2006 HOMELAIIJ SECURITY GRANT PROGRAM, IN THE NO. 1062 FIRE GRANT'S FUND; AND DECLARING AN EMERGENCY. _ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, S: SI CTION 1. That $151,634.59 from an amended grant from the Division of Emergency M nagement, Office of the Govemor, is appropriated in the No. 1062 Fire Grants Fund to carry out designated homeland security activities as part of the 2006 Homeland Security Grant Program. SM*CTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 10th day of April, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Joseph amey Assistant City Attomey For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor .1 «f , 2007 2 Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Carpus 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 atthe pr*sent meeting of the City Council. R1specIly, Respectfully, Henry Garrett Mayor Ceuncit' Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia BM Kelly Rex A. Kinnison Jesse Noyola Mark Scott Governor's Division of Emergency Management 2006 Grant Adjustment Notice for City of Corpus Christi Date of 2 /a/ 1.11140- N ... Ilnwl Address Z Prepared by: B. Award Numbers 06-9A 17000 -02 Mayor Henry Garrott, 3r. City of Campus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 4. Federal Greet lnbrawtisn Federal erase Tiffs: Nomd cu aad Security Grant Progreso Fades' Orast Award Number: 2006 -GE -T6 -0066 Data Padua Grant Awarded to ODIM: Jane 30, 2006 Federal Granting Agency: Office of Grants and Training U.S. Deperboara of Homeland Security a Award Amount and Soviet fa k/owws Total Award Antaunt $848,674.04 Note: Additional Budget Sheets (Attachment AN No ccP 97.053 LETPP 97.074 MMRs 97.071 SMSP 97.073 UASI 97.006 other $15,000.00 $476.239.26 s232,330.0 $125,104.76 $0.00 $0.00 Porforsonnoo Period: 7/1/2006 To 2/28/2008 6. staRtllorlr,utheffor Grant: This project is supported under Public Law 109 -90, the Department of Homeland Security Approprietioi Act of 7. Ma had pillpgyruggt Primary method Is reimbursement. See the enclosed instructions for the process to follow In the submission of invoices. 8. /Suselieiaa certNkotimr: The Sub- Reclplent certifies that the jurisdiction and Its contractors/vendors are not presently d red, Ihf pended, proposed for debarment, dedared ineligible or voluntarily excluded by any federal department or agency and do not appear in this Excluded Parties List System at http: / /www.epls.gov. 9. Aoency Approval Approving O Otllalsl: Jack Colley, Chief Division of Emergency Management Of iic* of the Governor [signature of ODIN Official: 1.. Sab-Rocipiont Acceptance I have a nd undlarstand the attemilhed Torres and Condklans. Tye naves tide Aietiarixed $nb- Redjieet anklet: /lgaete a of ants A ciplent Whitt 11, Enter Inlayer 14101111Scatioe Number (tIN) / Federal Tax Identification Number: 12. Date gored : 13. DUB DATE fgaed awers led Diode Deposit Perm Of applicable) must be returned to ODIN on or before tee above due dsts. 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Nov, 14, 2006 AGENDA ITEM: ORDINANCE TO APPROPRIATE $592,500 FROM THE UNRESERVED FUND BALANCE DESIGNATED FOR NEGOTIATED FIREFIGHTER PAY IN THE GENERAL FUND FOR FIREFIGHTER SALARY INCREASES; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY 2006 -07 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $592,500, AND DECLARING AN EMERGENCY ISSUE: REQUIRED COUNCIL ACTION: FUNDING: UNRESERVED FUND BALANCE OF FUND NO. 1020 GENERAL FUND. CONCLUSION AND RECOMMENDATION: APPROVAL OF THE ORDINANCE. Edd Houlihan Assistant Budget Director Attachments: ORDINANCE TO APPROPRIATE $592,500 FROM THE UNRESERVED FUND BALANCE DESIGNATED FOR NEGOTIATED FIREFIGHTER PAY IN THE GENERAL FUND FOR FIREFIGHTER SALARY INCREASES; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY 2006 -07 OPERATING BUDGET TO ■ICIASE APPROPRIATIONS BY $592,500; AND DECLARING AN EMERGENCY. BE IT ORDAMIED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $592,500 is appropriated from the Unreserved Fund Balance designated for Negotiated Firefighter Pay in the General Fund for firefighter salary increases. SECTION 2. That Ordinance No 026908 which adopted the FY 06 -07 Operating Budget is amended by increasing appropriations by $592,500. 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 10th day of April, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: April 5, 2007 By: ° �-t )4 it'"— Lisa Aguilar Li Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi. Texas day of , 2007 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: Uwe, 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Hervey Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 3.2007 AGENDA ITEM: A. Resolution approving the first amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA) for affordable housing to extend the term of the program agreement, and to increase the maximum home purchase price. B. Resolution approving the first amendment to the contract between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency ( NCCAA) for affordable housing for a Pilot Infill Housing Project to extend the term of the program agreement; to increasing the maximum home purchase price; and to change warranty deed requirement. C. Resolution approving the first amendment to the contract between the Corpus Christi Business and Job Development Corporation and Randy Farrar, d.b.a. Miramar Homes, to extend the term of the program agreement. ISSUE: The *ollowifng amendments are propose for City Council approval by the Corpus Christi Business and Job Development Corporation for official clarification and action in response to specific findings from the Independent Accountants' Report on Applying Agreed -Upon Procedures (Audit) for the Affordable Housing Programs. RETIRED COUNCIL ACTION: City Council approval is necessary to finalize the proposed amendments to the Affordable Housing Program contracts of the Corpus Christi Business and Job Development Corporation. PRIIOU$ COUNCIL ACTION: City Council approved the original Affordable Housing Program contracts as recommended by ttUe Cows Christi Business and Job Development Corporation: A. *10,000 giant (2004.2005 4A funds) - Nueces County Community Action Agency ( NCCAA) for honlebuyer assistance with down payment and closing costs for new constructed homes in CAP Estates Subdivision B. $175,000 (2003 -2004 4A funds) - Nueces County Community Action Agency (NCCAA) /City of Corpus Christi for an !Mill Housing Pilot Project on Soledad Street for acquisition of land and homebuyer assistance. C. $100,000 (2004 -200 4A funds) - Randy Farrar d.b.a. Miramar Homes/City of Corpus Christi for homebuyer assistance with down payment and closing costs for new constructed homes by Miramar Homes CO$CLUBION AND RECOMMENDATION: City Council approval of the proposed amendments to the Affordable Housing Program contracts as presented. Yvon Morales Haag, P rest • r Nei • borhood Services r artment Attachments: Contract Amendments Resolutions for First Amendments BACKGROUND INFORMATION ACT,?N ITEMS: A) Approving the amendment to the Affordable Housing Agreement with the Nueces County Community Action Agency to extend the term of the agreement until November 1$, 2007 and increase the maximum price for the purchase of a home to $85,000. Nueses County Community Action Agency (NCCAA) - $210,000 (2004 -2005 4A funds) NCCAA received a grant in the amount of $210,000 to provide families a $17, 500 to $20,000 forgivable loan for down payment and closing costs to purchase homes in the new sub ision, "CAP Estates II", which is funded by the Corpus Christi Business and Job Development Corporation, Neighborhood Reinvestment Corporation, City of Corpus Christi Community Development Corporation, and City of Corpus Christi HOME investment Partnership Program. The term of the agreement was stated as twelve months from the date of execution, Novi 19, 2006. The maximum price for the purchase of a home in the CAP Estates 1I was stated as $80,000. E$) Approving the amendment to the Affordable Housing Program agreement for a P9ot 1491 Housing Project with the Nueces County community Action Agency to extend the term of the agreement until November 19, 2007, increasing the maximum price for the purchase of a new home to $63,000, and amending the general warranty deed requirement. Nuees County Community Action Agency (NCCAA)lCity of Corpus Christi - $175,000 (2009 -2004 4A funds) Nueces County Community Action Agency (NCCAA) received a grant in the amount of $175,000 to acquire ten (10) in fill Tots and assist ten (10) families with down payment assistance for an "/Mill Neighborhood Revitalization Pilot Project." The location of the Infill Project is in the Soledad (Carver Subdivision) Street neighborhood and is comprised of 27 unitsAots. The term of the contract was stated eighteen months from the date of execution, November 19, 2006. The maximum price for the purchase of a home in the Int91 Pilot Project was stated as $150,000. C.) Approving the amendment to the Affordable Housing Program agreement with Randy Farrar, d.b.a. Miramar Homes, to extend the term of the agreement for an additional twelve month period to May 19, 2007. Randy Farrar d.b.a. Miramar Homes/City of Corpus Christi- $100,000 (2004 -2005 4A funds) Miramar Homes was awarded a loan of up to $100,000, effective May 19, 2005, to buy - dowh the mortgage and closing costs for eligible homeowners purchasing a home constructed under Agreement. The loan would bear no interest and would not be repaid until the home is resold and repaid to the Corpus Christi Business and Job Development Corporation. This loan would assist 30 families purchase new Miramar homes with each fatuity receiving $15,000 to $20,000. Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND NUECES COUNTY COMMUNITY ACTION AGENCY ( NCCAA) FOR AFFORDABLE HOUSING TO EXTEND THE TERM OF THE PROGRAM AGREEMENT AND TO INCREASE THE MAXIMUM HOME PURCHASE PRICE WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and the Nueces County Community Action Agency, a non- profit corporation organized under the statutes of the State of Texas, executed an agreement for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the agreement and in the NCCAA proposal, for a period of twelve months from the date of execution of the contract. WHEREAS, the parties to the agreement desire to execute this First Amendment to revise the term provisions of the agreement to extend the term until November 19. 2007, and to increase the maximum housing price to $85,000. NE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council of the City of Corpus, Texas, approves the First Amendment to the Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA), for affordable housing to extend the term of the Agreement until November 19, 2007, and to increase the maximum purchase price of a house from $80,000 to $85,000. A copy of the Amendment is attached as Exhibit "A." SECTION 2. That the City Manager is authorized to execute the First Amendment to the Affordable Housing Program Agreement with Nueces County Community Action Agency ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi H: \LEG- DIR1Sha red \GaryS\agenda\2007\ 4 -10 \Res -NCCAA 1 stAmendAffordHousing.doc Page2of3 Approved as to form: April 4, 2007. ry V# Smith Assistant City Attorney For the City Attorney H: \LEG -DIR \Shared\GaryS \agenda1200714 -10 \Res- NCCAAI stAmendAffordHousing.doc Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H \ LEG -DIR \Shared \GaryS\agenda\2007\4 -10 \Res- NCCAAIstAmendAffordHousing.doc Page 3 of 3 FIRST AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT WITH NUECES COUNTY COMMUNITY ACTION AGENCY This first amendment ( "First Amendment ") to the Affordable Housing Program Agreement ( "Program Agreement ") is made by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City "), and the Nueces County Community Action Agency ( "NCCAA "), a non - profit corporation organized under the statutes of the State of Texas. WHEREAS, the Corporation, City and NCCAA executed an agreement ( "Agreement ") for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the NCCAA proposal; WHEREAS, the term of the Agreement was stated as twelve months from the date of execution of the contract; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise the term provisions of the Agreement to extend the term until November 19, 2007; and VIIEREAS, the parties to the Agreement desire to increase the maximum housing price to $85,000. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as fo$ows: Saction 1. Section 3 of the Agreement entitled "Term" is deleted in its entirety and is replaced with the following language: "SECTION 3. TERM. "The term of this Program Agreement extends until November 19, 2007." Siction 2. Paragraph a of Section 5 of the Agreement entitled "Services to be Provided by NCCAA " is deleted in its entirety and is replaced with the following language: SECTION 5. SERVICES TO BE PROVIDED BY NCCAA. a. NCCAA shall provide down payment and closing cost assistance for the purchase of a new home in their CAP Estates II subdivision in Corpus Christi, Texas as described in its Project and pursuant to definition of "affordable housing" found in Title 42 of the United States Code, Section H:1LE G- DIRUean n ie\Gary\Amendment- Affordable Housing NC CAA070327.doc Page 1 of 3 12745, in accordance with the requirement in the Texas Development Corporation Act of 1979. Each home shall contain three bedrooms, two bath, one car garage masonry home with approximately 1086 square feet of living area, with total sale price, including lot, at or below $80,000 85,000. Secon 3. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. COAPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Title Printed name: Date: STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of tile Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas H: \LEG -DI R\Jean n ie \Gary'Ame ndme nt -Afford ableHousingNCCAA070327.doc Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa George K. Noe City Secretary City Manager Date: Date: APPROVED AS TO FORM:,,► f Ga W. ' ith Assistant City Attorney for the City Attorney NUDES COUNTY COMMUNITY ACTION AGENCY f (Stue < Title Printed name: 6— A A 4.--( 1, -e't- Date: Acrte'LL `t. 2.1007 66. STATE OF TEXAS COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by r a t. R, H A'Q-ii 1.1 £.• as the 9)(i_ nu L t e ti To - (title) of the Nueces County Community Action Agency, a Texas nonprofit corporation, on behalf of the corporation. NOTARY PUBLIC, State of Texas H:1LE -DI RUean n ie1Ga ry'Amendment- AffordableHousing NCCAA070327. doc Page 3 of 3 Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND NUECES COUNTY COMMUNITY ACTION AGENCY (NCCAA) FOR AFFORDABLE HOUSING FOR A PILOT INFILL HOUSING PROJECT TO EXTEND THE TERM OF THE PROGRAM AGREEMENT; TO INCREASE THE MAXIMUM HOME PURCHASE PRICE; AND TO CHANGE THE WARRANTY DEED REQUIREMENT WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and the Nueces County Community Action Agency, a non- profit corporation organized under the statutes of the State of Texas, executed an agreement for the purpose of utilizing 4A sales tax funds to construct infill housing, a project suitable for the promotion and development of affordable housing within the City for a term of eighteen months from the date of execution of the contract. WHEREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to revise the term provisions of the Agreement to extend the term until November 19, 2007, increase the maximum purchase price of a home under the Agreement from $50,000 to $63,000, and provide for the acquisition of title to property by a Warranty Deed, as some properties may be acquired through tax foreclosure and the taxing entities do not provide General Warranty Deeds. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council of the City of Corpus, Texas, approves the First Amendment to the Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and Nueces County Community Action Agency (NCCAA), for affordable housing for a Pilot Infill Housing Project to extend the term of the Agreement until November 19, 2007, to increase the maximum purchase price of a house from $50,000 to $63,000, and to require acquisition of title by Warranty Deed. A copy of the Amendment is attached as Exhibit "A." SECTION 2. That the City Manager is authorized to execute the First Amendment to the Affordable Housing Program Agreement for a Pilot Infill Housing Project with Nueces County Community Action Agency. H \LEG -SIR\ Shared \GaryS\agenda\200714 -10 \Res- NCCAAI stAmendAffordHousinglnfill.doc ATTEST: Armando Chapa Assistant Secretary Approved as to form: April 4, 2007. I g AC 421'. ry . Smith Assistant City Attorney For the City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi HALEG-DIR \Shared GaryS \agenda1200714-101Res-NCCAAlstAmendAffordHousingInfill.doc Page 3 of 3 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Ienry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H. ‘LEG-0IR\Shared\ GaryS \agenda\2007 \4- 101Res- NCCAAI stAmendAffordHousinglnfill.doc FIRST AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT FOR A PILOT INFILL HOUSING PROJECT This first amendment ( "First Amendment ") to the Affordable Housing Program Agreement for a Pilot Infill Housing Project ( "Program Agreement ") is made by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City "), and the Nueces County Community Action Agency ( "NCCAA "), a non - profit corporation organized under the statutes of the State of Texas. WHEREAS, the Corporation, City and NCCAA executed an agreement ( "Agreement ") for the purpose of utilizing 4A sales tax funds to construct infill housing, a project suitable for the promotion and development of affordable housing within the City; WHEREAS, the term of the Agreement was stated as eighteen months from the date of execution of the contract; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise the term provisions of the Agreement to extend the term until November 19, 2007; WHEREAS, the parties to the Agreement desire to increase the maximum purchase price of a home under the Agreement from $50,000 to $63,000; and WHEREAS, the parties to the Agreement desire to provide for the acquisition of title to property by a Warranty Deed, as some properties may be acquired through tax foreclosure and the taxing entities do not provide General Warranty Deeds. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows: SecSon 1. Section 3 of the Agreement entitled "Term" is deleted in its entirety and is replaced with the following language: "SECTION 3. TERM. "The term of this Program Agreement extends until November 19, 2007." SecSiion 2. Paragraph f of Section 5 of the Agreement entitled "Services to be Provided by NCCAA" is deleted in its entirety and is replaced with the following language: "SECTION 5. SERVICES TO BE PROVIDED BY NCCAA. H: \LEG -DI R\. Jeannie\ Gary\ Amendment- AffordableHousingl nfill070327.doc Page 1 of 3 d. The title to each lot purchased by the NCCAA under this Program Agreement must be conveyed, to the NCCAA as purchaser, by a general warranty deed and must include title insurance. f. The NCCAA shall utilize its outreach and marketing resources to secure home- builders capable of constructing affordable housing on each purchased lot. The NCCAA shall competitively bid the housing construction costs for each lot to be developed under this Program Agreement. The cost of each home constructed on a purchased lot may not exceed $50,000 63,000 exclusive of lot acquisition costs Section 3. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Title Printed name: Date: STAVE OF TEXAS § COMITY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of the Cotes Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas H \ LEG- DIRWeannie\ Gary\ Amendment- AffordableHousingInfilI070327 .doc Page 2 of 3 ATTEST: Armndo Chapa City Secretary Date: APPROVED AS TO FORM: 1 -Y( /.. Gar fW. rjith Asstant City Attorney for the City Attorney NUES COUNTY COMMUNITY ACTION AGENCY ture Printed name: Date: Title 4,e_a_ '(,7 STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI George K. Noe City Manager Date: ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on 2007, by 'o E, A, J' b -rj as the c:Xwc -n ii :_ .)), ELCra rZ (title) of the Nueiees County Community Action Agency, a Texas nonprofit corporation, on behalf of the corporation. CNRIi1NNA R GARDNER My Commis ten Expires October 20, 2010 NOTARY PUBLIC, State of Texas H \LEO.DIR\Jeannie\Gary\ Amendment- AffordableHousinglnfi11070327 .doc Page 3 of 3 Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND RANDY FARRAR, DBA MIRAMAR HOMES, FOR AFFORDABLE HOUSING PROGRAM AGREEMENT, TO EXTEND THE TERM OF THE PROGRAM AGREEMENT. WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and Randy Farrar, DBA Miramar Homes, executed an agreement for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the Miramar proposal, a project suitable for the promotion and development of affordable housing project, for a term of twelve months from the date of the execution of the co ntract. WHEREAS, the parties to the agreement desire to execute this First Amendment to revise the term provision of the agreement to extend the agreement for an additional twelve (12) months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the First Amendment to the Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and Randy Farrar, DBA Miramar Homes. to extend the term of the agreement for an additional twelve month period. SECTION 2. The City Manager, or his Designee, is authorized to execute the First Amendment to the Affordable Housing Program Agreement with Randy Farrar, DBA Miramar Homes, a copy of which is attached as Exhibit "A ". ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor H: \LEG -DI R \Shared \Gary Slagenda12007\4 -10\ Res- AmendAffordableHousi ngMi ramarHomes. doc Page 2 of 3 APPROVED AS TO FORM: April 4, 2007 Ga" Smith Assistant City Attorney For the City Attorney H \LEG- DIR\Shared \GaryS\ agenda\ 2007\ 4 -101 Res- AmendAffordableHousingMiramarHomes .doc Page 3 of 3 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\L EG -DtR \Shared \GaryS\ agenda\ 2007\ 4- 101Res- AmendAffordableHousingMiramarHomes .doc FIRST AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT WITH RANDY FARRAR, DBA MIRAMAR HOMES This first amendment ( "First Amendment ") to the Affordable Housing Program Agreement ( "Program Agreement ") is made by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City "), and Randy Farrar, dba Miramar Homes ( "Miramar "). W)REAS, the Corporation, City and Miramar executed an agreement ( "Agreement ") for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the Miramar proposal; WIIIEREAS, the term of the Agreement was stated as twelve months from the date of execution of the contract; WREAS, the parties to the Agreement desire to execute this First Amendment to revise the term provisions of the Agreement to extend the term for and additional twelve months. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows: Section 1. Section 3 of the Agreement entitled "Term" is amended to read as follows: "SECTION 3. TERM. "The term of this Program Agreement extends twelve twenty -four (4224) months from the date the last party executes this document. ( "Effective Date ")" Section 2. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect. H: \LEG -DI RWeannie\Gary\Amendment- AffordableHousingMiramarHomes070327 .doc Page 1 of 3 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOBDEVELOPMENT CORPORATION Signature Printed name: Date: Title STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas ATTEST: CITY OF CORPUS CHRISTI Armando Chapa George K. Noe City Secretary City Manager Date: Date: APPROVED AS TO FORM: / =?s d � GaW.ith Assistant City Attorney for The City Attorney H: \LEG -DI R\ Jeannie \Gary\Ame ndrnent- AffordableHo using Mirama rHomes070327. doc Page2of3 RANDY FARRAR, dba Miramar Homes Signature Title Printed name: iCartdc1 'rrQr Date: `11/'/0 ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on n/ , 2007, by Randy Farrar. Notary Public STATE OF TEXAS M; allitM E0. 0247-2011 NOTARY PUBLIC, St.. e of Texas HALE RWean n ie \Ga ry\Ame ndment -Afford ableHousingMiramarHomes07o327. doc Page 3 of 3 7 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 10, 2007 A. Resolution authorizing the City Manager, or his designee, to execute the first amendment to the agreement to grant business incentives to AC Distribution, Inc., for the creation of jobs to extend the term of the program agreement. B. Resolution authorizing the City Manager, or his designee, to execute the first amendment to the agreement to grant business incentives to McTurbine, Inc., for the creation of jobs to extend the term of the program agreement. ISSIJE: Extending the term of the agreement to allow AC Distribution, Inc. to complete its job creation goal. To date, twenty seven (27) jobs have been created. Job creation deadine of February 2007 was not met due to construction delays for their new facility. McTurbine, Inc. experienced delays in construction of the new facilities due to economic factors which prevented them from achieving job creation goals due to a lack of space in their existing facility, resulting in the need to extend the contract by twelve (12) months. Also, McTurbine, Inc. was recently purchased byAAI Services Corporation. Ownership of the property is clarified in the amendment. REQUIRED COUNCIL ACTION: Approval of the amendment to the AC Distribution, Inc. agreement extending the term by 24 months to February 2011, and extending the job creaon period by 24 months to February 2009. Approval to execute the first amendment to the McTurbine, Inc. agreement by extending the term of the contract by 12 months, clarifying property ownership, and changing the construction deadline. PRE/IOUS COUNCIL ACTION: Resolution 025649 on February 10, 2004 approved a project agreement between AC Distribution, Inc., the Corpus Christi Business and Job Development Corporation (CCBJDC), and the City of Corpus Christi. Resolution 026353 on July 19, 2005 approved a project agreement between McTurbine, Inc., the Corpus Christi Business and Job Development Corporation (CCBJDC), and the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Approval of the first amendment to the agreement to grant business incentives to AC Distribution, Inc. and McTurbine, Inc. (Department Head Signature) BACKGROUND INFORMATION AC Distribution, Inc. (the Company) entered into an agreement with the 4A Board in February 2004 with a term of 5 years through February 2009. The Company agreed to create at least 50 new full -time jobs within 3 years of the effective date of the agreement (February 2007). They also agreed to maintain the jobs throughout the remainder of the term of the agreement. The proposed amendments will provide the Ime needed for the Company to achieve its job creation goals. In addition, the Company will be asked to provide TWC reports as documentation for each new hire. If vacancies occur during the term of the agreement, the Company will establish a reasonable time period to fill vacancies. McTurbine, Inc. (the Company) entered into an agreement with the 4A Board in July 2005 with a term of 5 years through July 2010. The Company agreed to build a new faciy within 12 months of the execution of the agreement and to hire and conuously employ a minimum of 100 employees within 3 years of the effective date of the agreement. The proposed amendments will allow them additional time to complete the construction of the new facility expected to be July 31, 2007 and to comply with the requirement to create 100 new jobs. The property ownership is also more clearly defined. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO A.C. DISTRIBUTION, INC., FOR THE CREATION OF JOBS TO EXTEND THE TERM OF THE PROGRAM AGREEMENT. WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and A.C. Distribution, Inc., executed an agreement for the purpose of providing business incentives to A.C. Distribution, Inc., to construct a new facility and to create 100 new jobs, for a term of five years from the date of the execution of the contract. WHEREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to cure any missed deadlines and extend the term for an additional twenty -four (24) months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the First Amendment to the Agreement to Grant Business Incentives to A.C. Distribution, Inc. between the Corpus Christi Business and Job Development Corporation and A.C. Distribution, Inc., to cure any missed deadlines and extend the term of the agreement for an additional twenty -four (24) months. SECTION 2. The City Manager, or his Designee, is authorized to execute the First Amendment to the Agreement to Grant Business •Incentives to A.C. Distribution, Inc. for the Creation of Jobs, a copy of the amendment is attached as Exhibit "A ". ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: April 4, 2007 G ry'!J. Smith Assistant City Attorney For the City Attorney H \LEG -DIR\ Shared\ GaryS \agenda12007\4- 101Res- AmendAgmt- ACDistribution.doc Page 2 of 2 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:1L EG -DI R \Shared \GaryMagenda \200714- 101Res- AmendAg mt- ACDistri bution.doc FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO A. C. DISTRIBUTION, INC. FOR THE CREATION OF JOBS This first amendment ( "First Amendment ") to the Agreement to Grant Business Incentives to A. C. Distribution, Inc., for the Creation of Jobs ( "Agreement ") is made by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City "), and A. C. Distribution, Inc., ( "A. C. Distribution ") a Texas corporation. WHEREAS, the Corporation, City and A. C. Distribution executed the Agreement for the purpose of providing business incentives to A. C. Distribution to construct a new facility and to create 100 new jobs; WIEREAS, the term of the Agreement was stated as five years from the date of execution of the contract; WIRERS, economic factors caused excusable delays for A. C. Distribution in the completion of its obligations under the Agreement; WIRERS, the parties to the Agreement desire to execute this First Amendment to revise the provisions of the Agreement to cure any missed deadlines and extend the term for an additional 24 months. NOW, I, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows Section 1. Section 2 of the Agreement is amended to read as follows: "SECTION 2. Term. "The term of this Agreement is five seven years from the Effective Date." Section 2. Section 5.a of the Agreement is amended to read as follows: "A. C. Distribution agrees to create and maintain a minimum number of 50 new full -time (2,080 hours /year) permanent jobs at the Facility within three five years of the Effective Date. A full -time permanent job is one that provides at least 2,080 hours annually. The jobs shall be primarily engaged in serving a customer base outside a 50 -mile radius of the city of Corpus Christi Section 3. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the H 1LEG- DIRUeannie \GaryAAmendment- ACDistribution 070328.doc Page 1 of 3 Agreement not changed by this First Amendment remain the same and in full force and effect EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOIE DEVELOPMENT CORPORATION ure a Itie Prifikd n e: Y A Date: Lk. l 2) d% STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on OZ 2. , 2007, by ; �o.�.l M. (4S f -f w1&i s as the Cam' mph (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of T -as (17°44(.0 ROSALINDA S CORTEZ Notary Public STATE OF TEXAS < �avow My Comm. Exp. 11 -24 -2008 >, H: \LEG -DIR\ Jeannie \Gary\Amendment- ACDistribution 070328.doc Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Date: George K. Noe City Manager Date: APPROVED AS TO FORM: A,or'/ 4 c9co 7 G rye. . Smith Assistant City Attorney for the City Attorney A. C. Distribution, Inc. trE_I A)r Sign$lture Title Printed name: 64yCl2.fS £ i"1OkiO4 -I+L- Date: 3 /D7 STAVE OF TEXAS § COMITY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on 3 by INS •MUM 0.111 as the -Pye61den+ of the A. C. Distribution, Inc., a Texas corporation, on behalf of the corporation. , 2007, NO RY PUBLIC, State a Texas 4;74, ROSALINDA S CORTEZ _' n \, °' Notary Public , Vim/ STATE OF TEXAS ' Alr, ,, My Comm. Exp. 11 -24 -2008 H:1LEGDIRWoanmie \Gary\Amendment- ACDistribution 070328.doc Page 3 of 3 (title) Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO MCTURBINE, INC., FOR THE CREATION OF JOBS TO EXTEND THE TERM OF THE PROGRAM AGREEMENT. WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and McTurbine, Inc. executed an agreement for the purpose of providing business incentives to McTurbine, Inc., a Texas corporation, a wholly owned subsidiary of AAI Services Corporation, to construct a new facility and to create 100 new jobs, for a term of five years from the date of the execution of the contract. WHEREAS, the parties to the Agreement desire to execute this First Amendment to the Agreement to cure any missed deadlines, more clearly define ownership of the project site, and extend the term for an additional twelve (12) months. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the First Amendment to the Agreement to Grant Business Incentives between the Corpus Christi Business and Job Development Corporation and McTurbine, Inc., a Texas corporation, to extend the term of the agreement for an additional twelve (12) month period. SECTION 2. The City Manager, or his Designee, is authorized to execute the First Amendment to the Agreement to Grant Business Incentives to McTurbine, Inc. for the Creation of Jobs, a copy of the amendment is attached as Exhibit "A ". ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: April 4, 2007 at-174 G . Smith Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LEG -DI R \Shared \GaryS\agenda\ 2007\4 -10 \Res - AmendAgmt- McTurbi ne.doc Page 2 of 2 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:1 LEG -DIR\ Shared \GaryS1agenda12007\4- 101Res- AmendAgmt - McTurbine.doc FIRST AMENDMENT TO THE AGREEMENT TO GRANT BUSINESS INCENTIVES TO MCTURBINE, INC. FOR THE CREATION OF JOBS This first amendment ( "First Amendment ") to the Agreement to Grant Business Incentives to McTurbine, Inc., for the Creation of Jobs ( "Agreement ") is made by and betirieen the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City "), and McTurbine, Inc., ( "McTurbine "), a Texas corporation, a wholly owned subsidiary of AAI Services Corporation. WHEREAS, the Corporation, City and McTurbine executed the Agreement for the puose of providing business incentives to McTurbine to construct a new facility and to create 100 new jobs; WHEREAS, the term of the Agreement was stated as five years from the date of execution of the contract; WtEREAS, economic factors caused excusable delays for McTurbine in the completion of ids obligations under the Agreement; WHEREAS, the parties to the Agreement desire to execute this First Amendment to revise the provisions of the Agreement to cure any missed deadlines, more clearly detlne ownership of the project site, and extend the term for an additional 12 months. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows Sostion 1. Section 1.1 of the Agreement is amended to read as follows: "SECTION 1.1. Project. "McTurbine, Inc., shall construct a new 40,000 square foot or larger facility and engine test facility, to be built on property owned by KALZ, LLP, a T as limited Ii ility partnership, with a ten year lease to McTurbine, Inc., w all improvements owned by McTurbine, Inc., at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas 78405, ( "Facility "), for total McTurbine, Inc., capital investment of Three million one hundred dollars ($3,100,000). McTurbine desires the assistance of the Corporation. The Facility shall be utilized by McTurbine, Inc., for its distribution, maintenance, repair, and fabrication of helicopter engines and components." Se*tion 2. Section 3.1 of the Agreement is amended to read as follows: H: \LSa- DIR\gipyws\garyws\Economic Development14A1Contracts \Amendment- McTurbine 070328.doc Page 1 of 4 3,1 "McTurbine, Inc., agrees to construct new 40,000 square foot or larger production facility and engine test facility, ( "Facility "), to be located on property owned by KALZ, LLP, a Texas limited liability partnership, with a ten year lease to McTurbine, Inc., with all improvements owned by McTurbine, Inc., at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas 78405, more fully described in Exhibit A." Section 3. The second section 3.2 of the Agreement is amended to read as follows: 3.2 "McTurbine, Inc., agrees that construction of the facility shall be completed within 42 24 months of execution of this agreement." Section 4. Section 4.1 of the Agreement is amended to read as follows: 4.1 "McTurbine, Inc., agrees to create and maintain at least one hundred (100) new full -time jobs, permanent jobs at its Facility within three four years from April 27, 2005, the date McTurbine, Inc., submitted its application for business incentives to Corporation. A full -time permanent job is one that provides at least 2,080 hours annually." Section 5. Section 7.2 "Term" of the Agreement is amended to read as follows: 7.2 Term. "The term of this Agreement is five six years from the Effective Date." Section 6. By execution of this first Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this First Amendment remain the same and in full force and effect H: \LEG- DIR1Jeannie \Gary\Amendment- McTurbine 070328.doc Page 2 of 4 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSINESS & JOE DEVELOPMENT CORPORATION re Prirtted name: —Jet L Date: 41907 STATE OF TEXAS § Cc$JNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by tt.; j M• 1r-o 44 -rvot r as the Clout:. wuk,t* (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. • (seal) NOTA-Y PUBLIC, State of xas H:\LIEG -DIR \Jeannie \Gary\Amendment - McTurbine 070328.doc Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI Armdo Chapa City Secretary Date: APPROVED AS TO FORM: Apr, / 3 42t) 0 7 G ryV�V. Smith Assistant City Attorney for the City Attorney George K. Noe City Manager Date: McTurbine, Inc., a Texas corporation and a wholly owned subsidiary of AAI Ser*es Corporation, a foreign corporation authorized to do business in Texas /3es /c/Lati---- Sig ure Printed name: ;'. Nye ' /, S'd r Date: 3 4irj/2�7 STATE OF TEXAS § COMITY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This s #rtent w s acknowledged before me on , 3 , 2007, by HU 1 m• �SS4 as the P (title) of urb, Inc., a Tes corporation, on behalf of the corporation. NOTARY PUBLIC, State of Tex e s H: 1LEG» DIR Ueannie1GarylAmendment- McTurbine 070328.doc Page 4 of 4 ROSALINDA S CORTEZ Notary Public STATE OF TEXAS 2008 My Comm. Exp. CITY COUNCIL AGENDA MEMORANDUM Council Action Date: April 10, 2007 AGENDA ITEM: Adoption of an ordinance with respect to Allied Waste North America, Inc. and its subsidiaries or affiliates project approving the issuance of revenue bonds by the Mission Economic Development Corporation, designating a public hearing officer and authorizing the City mayor to execute certificates approving the ordinance and public hearing; and declaring an emergency. ISSUE: ALLIED WASTE NORTH AMERICA, INC. and its subsidiaries or affiliates (the "Company ") is seeking tax- exempt bond financing for certain infrastructure and capital improvements to their solid waste collection and disposal operations in 31 Texas counties, including a facility in the City of Corpus Christi. The Project totals approximately $170.0 million over the next few years of which $5,956,746 is for operations in the City of Corpus Christi. The local portion of the Project consists of financing (a) improvements to existing collection ( haung) facility, including (i) acquisition of solid waste disposal trucks and support vehioies, (ii) acquisition of solid waste disposal containers and related equipment, (iii) acquisition of solid waste disposal sorting and processing equipment, (iv) site improvements, and (v) acquisition of other equipment and assets necessary to support the foregoing improvements and place them in to service. In order for the bonds to qualify as tax - exempt, certain federal and state tax law requ*ements must be met, including having a governmental entity /agency issue such bongs for the benefit of the Company. Therefore, the Company has requested the Mission Economic Development Corporation ( "MEDC ") in Mission, Texas to serve as the governmental issuer of these bonds. The bonds will be used to finance various facilities located throughout Texas and it is necessary to obtain consent from each jurisdiction where the facilities to be financed are located. These bonds do not constitute a debt or obligation of the City of Corpus Christi, but are the sole obligation and responsibility of the Company. Additionally, a public hearing notice will be published in each jurisdiction and held to satisfy federal tax law requirements. While the City of Corpus Christi must approve the public hearing, it does not need to be held by the City. REQUIRED COUNCIL ACTION: Approval of the Ordinance as presented. PREVIOUS COUNCIL ACTION: None COICLUN AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. y Oscar R. Martin " Assistant City Manager ViElkins F. Xavier Pea. xpenaevelaw.com Tel 713.758.4884 Fax 713.615.5067 April 2, 2007 The Honorable Henry Garrett Mayor, City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 Re: Allied Waste North America, Inc. Project — Proposed Ordinance for Adoption Dear Mayor Garrett: This letter is being written to you in anticipation of the questions that might arise in connection with your city council's consideration of the captioned ordinance. First, the proposed issue of industrial revenue bonds for Allied Waste North America, Inc. will be issued by Mission Economic Development Corporation, not your City. Allied Waste North America, Inc. will be contractually obligated to pay these bonds. The bonds will also be approved by the Attorney General of Texas. Under the laws of the state of Texas, such bonds will not----and cannot —be obligations of your City by reason of your approvals contained in the captioned ordinance. Moreover, the transcript of legal proceedings authorizing the issuance of the industrial revenue bonds will contain clear disclaimers stating that the bonds are not the obligation of your City or any other city of the state. Second, rating agencies and bond insurers that rate and insure your City's bonds understand that industrial revenue bond financings such as this do not affect the credit of the political subdivisions that sponsor conduit industrial revenue bond issuers, much less counties that approve the issuance of bonds within their boundaries by issuers sponsored by other political subdivisions. Accordingly, the issuance of these bonds and your adoption of the captioned ordinance will not affect the credit ratings for the bonds of your City or your ability to obtain bond insurance for your City's bonds. Third, your City will have no responsibility with respect to the "Local Portion" of the "Project" as described in the captioned ordinance, any more than your City has responsibility for any other privately owned property of Allied Waste North America, Inc. already located within the boundaries of your City. Nothing contained within the captioned ordinance Vinton & Elkins t1.P AtBernaya at Law Austin Beijing Dallas Dalai Hong Kong Houston London Moscow New York Shanghai Tokyo Washington ,ct' n 117A117CW 1 First City Tower, 1001 Fannin Street, Sulte 2500 Houston, TX 770024760 Tat 713.758.2222 Fax 713,758.2346 www.volaw.com v&f AprN 2, 2007 Page 2 imposes on your City any responsibility or liability with respect to the Local Portion of the Project by reason of your adoption of the captioned ordinance. Fourth, your authorization of the public hearing to be conducted by the hearing examiner and your authorization of the Mayor to sign the certificate necessary to comply with Section 147(f) of the Internal Revenue Code of 1986, as amended (this statute is known as "TEFRA" and therefore the hearing is known as a " TEFRA" hearing) impose no liability of any kind under the laws of the state of Texas. They are requirements solely of the Internal Revenue Code in order to satisfy certain "public approval" standards imposed by Congress as a prerequisite to the issuance of tax- exempt industrial revenue bonds. Compliance with such federal tax requirements impose no pecuniary responsibilities or fiscal liability of any kind on your City. Fifth, the captioned ordinance, by its own terms, provides in Section 3 many of the limitations set forth above. If I may provide you with any further information or legal analysis with regard to the proposed ordinance, please feel free to call me on my direct line at 713- 758 -4884. Very truly yours, F. Xavier Pefia Enclosures cc: Patricia Hunt Holmes, Vinson & Elkins L.L.P. Lee A. McCormick, Community Development Associates, LLC Houston 3174070v.1 TAX - EXEMPT BOND FINANCING OVERVIEW ALLIED WASTE NORTH AMERICA, INC. PROJECT Thank you for your consideration regarding the proposed tax- exempt bond financing of capital assets for Allied Waste North America, Inc. and its Subsidiaries or Affiliates (the "Company "). The project is for certain infrastructure and capital improvements related to the Company's solid waste collection and ditposal facilities in 31 Texas counties, at an aggregate amount not to exceed $170.0 million (the "Project "). At this time. the Company has received approximately $65.0 million of tax- exempt bond allocation from the Texas Bond Review Board and must close on the first series of bonds by early May 2007 The City of Corpus Christi will receive certain public benefits by approving the issuance of the Bonds. Specifically, the City will be able to ensure that certain employment levels of the Company in the City will be maintained and/or increased as a result of the financing. The Company anticipates spending up to $5,956,746 for capital expenditures in the City at the Project over the next few years. Much of this will go to local companies who do business with Allied. In addition, the Project will add to the tax base of the City of Corpus Christi and throughout the State of Texas. However, in order for such bonds to qualify as "tax- exempt," the Company must satisfy certain federal and state tax law requirements, including having a governmental entity/agency issue such bonds for the benefit of the Company. Therefore, the Company is requesting the Mission Economic Development Corporation ( "MEDC ") in Mission, Texas to serve as the governmental issuer of the tax- exempt bonds (the "Bonds "). Since the Bonds will be used to finance the Project in the City of Corpus Christi, it is necessary to obtain the City's consent. A notice describing the financing must also be published and a public hearing must be held to satisfy certain federal tax law requirements. The City must also approve the public hearing although it does not need to be held by the City. in summary, the Company is asking for your assistance with the following action items in order to qualify the bonds as "tax - exempt" City Counsel adoption of the "Ordinance With Request to Allied Waste North America, Inc. and its Subsidiaries or Affiliates" authorizing the Mayor to approve the bond financing and designating a hearing officer for the public hearing. Publication of the public hearing notice by Vinson & Elkins L.L.P., bond counsel to the MEDC and the holding of such public hearing. Mayor's approval of the public hearing. As provided in the letter of Vinson & Elkins L.L.P., bond counsel to the MEDC, the Bonds do not constitute a debt or obligation of the City, County, or the State of Texas, but are solely the obligation and responsibility of the Company. More importantly, the Bonds will not require any general fund support or tax -payer dollars. There is no commitment of the credit ratings and the Bonds do not, in any fashion restrict, impede or limit the borrowing/bonding capacity of the City. Again, the Bonds are the sole obligation of the Company. ORDINANCE ADOPTION OF AN ORDINANCE WITH RESPECT TO AWED WASTE NORTH AMERICA, INC. AND ITS SUBSIDIARIES OR AFFILIATES PROJECT APPROVING THE ISSUANCE OF REVENUE BONDS BY THE MISSION ECONOMIC DEVELOPMENT CORPORATION, DESIGNATING A PUBLIC HEARING OFFICER AND AUTHORIZING TIM CITY MAYOR TO EXECUTE CERTIFICATES APPROVING THE ORDINANCE AND PUBLIC HEARING; AND DECLARING AN EAIRGENCY. WHEREAS, ALLIED WASTE NORTH AMERICA, INC. and its subsidiaries or affil tes (collectively, the "Company ") own and operate various solid waste disposal faciies throughout the state of Texas; and WHEREAS, the Company desires to make certain improvements to such solid waste disposal facilities throughout the state of Texas (the "Project ") as more fully described in Exhibits A and B, a portion of which is located in this City (the "Local Porton"); and WHEREAS, in ordinance to achieve the economies of scale in financing the Project, the Company has requested Mission Economic Development Corporation (the "Issuer") to issue industrial revenue bonds to finance the Project, including portions located outside the boundaries of the Issuer's sponsoring govemmental unit, subject to certain requests, hearings and approvals from other govemmental units in which the Project is located; Now, Therefore, BE IT ORDAINED, ADOPTED AND DECREED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Third Party Financing. In order that the Local Portion of the Project may be financed as a part of the entire Project through the Issuer's industrial revenue bonds, the Issuer is hereby requested to exercise its powers within the City for the purpose of issuing such bonds in one or more series to finance the Local Portion of the Project over the next thirty -six months. This request is intended to satisfy the requirements of Section 23(a)(1) of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes. SECTION 2. Pubic Hearing and Approval for Federal Tax Purposes. In order to comply with Section 147 {0 of the Internal Revenue Code of 1986, as amended, a public hearing shall be held in which members of the public shall be permitted to express their views with respect to the Local Portion of the Project and the Issuer's issuance of industrial revenue bonds for such purpose. Such hearing is authorized to be conducted by Lee A. McCormick (or his designee), as hearing officer, and may be conducted in combination with hearings for other counties to the extent permitted by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Treas. Reg. § 5f.103 -2(d). Such heating officer shall cause notice of such hearing to be published no less than 14 days 2007 Bonds Allied Waste.11a prior to such hearing in a newspaper of general circulation in the City. Based solely upon the results of such hearing, and solely for purposes of complying with Section 147(f) of the Internal Revenue Code of 1986, as amended, the Mayor is hereby authorized and directed to execute a certificate certifying approval of the Local Portion of the Protect and the Issuer's issuance of industrial revenue bonds for that purpose. SECTION 3. DIOCLAIMER OF LIABILITY. THE CITY, THE CITY COUNCIL, THE MAYOR AND ALL OTHER CITY OFFICIALS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT OR THE ISSUANCE, CREDITWORTHINESS OR REPAYMENT OF THE INDUSTRIAL REVENUE BONDS TO BE ISSUED BY THE ISJER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT. UNDER NO CIRCUMSTANCES SHALL THE CITY HAVE ANY LIABILITY, FINANCIAL OBLIGATION OR RESPONSIBILITY OF ANY KIND WITH RESPECT TO THE PAYMENT OF INDUSTRIAL REVENUE BONDS ISSUED FOR THE LOCAL SHARE OF THE PROJECT OR FOR THE CONSTRUCTION, MAINTENANCE, OPERATION OR ANY OTHER ASPECT OF THE LOCAL SHARE OF THE PROJECT. SECTION 4. 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 ord ances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of April, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: April 5 , 2007. M ay her City Attorney 2007 Bonds Allied Waste.11a EXHIBIT "A" ALLIED WASTE NORTH AMERICA, INC. AND AFFILIATES Project Description The Project will be financed as part of an ongoing plan of financing and will be owned and operated by Allied Waste North America, Inc. and its affiliates (collectively, the "Company "). The Project consists of financing (a) improvements to existing landfill facilities, including (1) construction of new disposal cells and liners within currently permitted acreage, (ii) additions and improvements to the leachate collection and treatment system, including leachate trenching, (iii) additions and improvements to the methane gas system, (iv) installation of new liners for intermittent and final closure of completed sections of the landfill facilities, (v) site improvements, (vi) acquisition of equkpment to be used at the landfill facilities, (vii) acquisition of other equipment and assets necessary to support the foregoing improvements and to place them in to service, and (b) existing collection (hauling) and transfer station facilities, including (i) acquisition of solid waste disposal trucks and support vehicles, (ii) acquisition of solid waste disposal containers and related equipment, (iii) acquisition of solid waste disposal sorting and processing equipment. , (iv) site improvements, and (vi) acquisition of other equ pment and assets necessary to support the foregoing improvements and place them in to service. The Project locations are at existing facilities outlined on the attached Exhibit "B" — Project Locations. 2007 Bonds Allied Waste.11a 2007 Bonds Allied Waste.11a EXHIBIT "B" ALLIED WASTE NORTH AMERICA, INC. PROJECT PROJECT LOCATIONS OMB AMd Wine Seecas of San Antonio L� Tessma6 Road Landfill 843A Allied Areal* Services of Marble Falk *A B ownsn5 Satellite S68 Aced Wavle Servkas of Rd Grande Valley L% Gulf Weer Landfill 070D Allied Weetla Services of Jacksonville 077 Royal Cel a landfill 074 Aced Week Service of Plano 593 Allied 1A rite Service of Hutchins 799 Allied Well Services of Justin 555 Camelot Landfill L49 Lewisville Landfill 078 ECC Le dIW 152 Blue Ridge Landfill L64 Galveston County Landfill 090E Allied Weer Services of Kilgore 072 Pyre Hi Landfill 853 Allied Wale Services of Wet Houston 164 ACGO Waite Paper of Houston 885 Allied Wm* Houton Services 486 Houston Container Maintenance 113 McCarty Road LF 8620 Allied 1Naste Services of Houston 166 WhlapMng Pews Landfill groA Allied Weer Services of Athens lie Rio (artiste Valley Landfill 071 Allied Welt Services of Itasca 4.61 Once LateM11 1312 Allied Weste Services of Beaumont 1.62 Golden Triangle Landfill 187 AbrleneRp4nal Landfill 09A Anted Wean Services of Kerrville 01 Kerrville La dfa .00 Meat taadil MB Mind Wale Services of Lubbock MA Nfted Wale Service of Conroe 000 .Allied Waste Services of Corsicana 047 Allied Waste Services of Corpus Christ F74 El Centro Landfill 088 Med Wale Services of Amarillo L63 Southwest Landfill 070C Allied Waste Services of Tyler .675 Greenwood Farms Lardfit 638 Allied Waste Services of Fort Worth 172 , Fort Weld Satyr Ere Landfill 668 : Allied Welt Senecas of Abilene 0708 :Allied Waste Services of Mount Pleasant 074 Pleasant Oaks Landfill :1108 ACCO Wa a Paper of Austin .1.46 :Sunset Penns Landfill :Alked Se Services of Austin 2007 Bonds Allied Waste.11a Co8.dion andfitl Collection Collection Collection andfill Collection ardfill Collodion Collection Collection andfill andfill -andfill ardfill andil CoOacicn Collection Recyc ling Center Collection Collection _andil Colection an 45ll Collection C. ollectton -andfill Collection _endfill _andfill Collection _andfill _ardli Collection oilectron ...oile4lion °Section snail olfaction andfill 056050n andfill Collection Lardfdl -obsidian ?:o4Sdion Landoll Recycling Center 1.andfill 4542 SE Loop 410 7790 Tasman Road 2101 Commerce Street 4895 Mar Street 9402 Wed Etlpresway 83 2801 South Jenkins Road 440 Heigh Lane 410 Heath Lars 4200 Esc 14th Street 1450 Ent G4VeWd Street 18300 South Highway 158 580 Huffing' Boulevard 801 Ent College Street 5703 Mort Interalate Highway 45 2200 FM 521 3935 Avenue A 2811 Noll Stale Highway 42 1102 Landfill Road ...13830 Fondren Road 403 Jensen Drive ... 5301 Brookglen Drive. .._ 5757 Oates Road, Suite A 5757 Oates Road, Suite A 8101 Leh York Road 8101 Lath York Road 5228 U8 Highway 175 East FM 493 Mlle 12 Road East 2559 FM 00 2559 FM 00 8425 Highway 347 8433 La Bette Road Highway 277 North/83 and FM 3034 _.... 3315 Loop 534.. 3315 Loop 534 3048 County Road 480 Seas Antonio San Antonio Marble Falls Brownsville ._ ............ Harlingen ........... Anahuac Jacksonville Jacksonville Plano Hutchins Justin Lewisville Lewisville Ennis Free r° ........... . Aka Loma Galveston ........... . Kilgore Longview Houston Houton Houston Houston Houston Harris Houton Harris TX ; 77085 Houston Kant I TX ': 77085 Athens I Henderson TX 76752 Donna Hildego TX 78537 taws Hill Itasca Beaumont Jefferson TX 77705 Beaumont Jefferson TX 77705 Abilene Kerrville Kenvilh Mese Lubbock Conroe Corsicana._ .._.. ...... COWS Christi Robatown Amarillo Canyon Tyler Tyler Fort Worth Keroadele Abilene Motet Peasant Moat Peasant TX 78222 4,831273 Baser TX 78222 i 8,814,660 Burnet TX 78664 . 004,838 Cameron TX'- 78521 • 5,839,812 :................. _...... _..............: Cameron . TX 76521 967,609 Chambers TX 77514.. 1,768,590 TX 75788 Cherokee Cherokee TX 75708 Cobh TX 75074 5887,088 Dales TX 75141 3,646258 Denton TX 76234 .: 1284,173 Dorton TX 76234 232.780 Denton TX 76234 Ellis Fort Bend 1,134,513 944,995 TX 75119 77545 TX ! 77510 TX : 75862 TX 75062 TX 77085 3,228,379 TX..._ 77005 TX 77085 TX 77085 4,134,757 237,072 9,015,494 3,020,138 3,290,265 2,541,409 30.3,080 4,508,862 _...._........... 1,323,858 TX 77085 9,129,345 TX 78055 Tx _... 76055 11,702,978 4,354,140 1,991,587 502,689 .......... . .... 3.232,581 1,592,184 ....._.... _.. _.... 1812 Keuta Street 149 Industrial Court 2501 South Business 45 4414 Agnes Street 3180 County Road 89 4831 East 25th Avenue 20700 Helium Road 12920 FM 2787 12920 FM 2707 6100 Ewen Reeder Road 8900 Drdt Price Road 5001 Pine Street 3031 Farr Road 3417 3031 Fenn Road 3417 10420 Meth Boulevard ... 9912 Giles Reed. 3424 PTA 973 Austin Austin 1,983,489 4,619,626 Jones 7X 79601 2,391,730. Ken TX 78028 467,389 78028 2225,041 Limestone TX 76687 1,501,158 Lubbock TX 70403 !' 1,962,279 Montgomery TX 77301 838,365 Navarro TX 75110 2,412,808 Nueess TX 78405 5,968,746 Nueces TX 78405 4,132,108 Potter 7X - 79103 2,022,612 Randall TX - 70015 3,205,139 Smith TX 75708 _. 1013,032 Smite TX 75708 2.146,289 Tenant TX 76117 11,911,499 76117 4,039,514 79601 1,935,547; Thu TX 75455 458,894 • Thu TX 75455 1,106,973. 78758 340,101 TX 78758 78758 I; 5,848,017 ............... 4,540,014 CERTIFICATE FOR ORDINANCE THESTA1IE OF TEXAS § art OF C 3RPUS CHRISTI § COUNTY OF NUECES § We, the undersigned officers of the City Council of the City of Corpus Christi, Texas, hereby certify as follows: 1. The City Council of the City of Corpus Christi, Texas, convened in regular meeting on , 2007, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council, to wit: Henry Garrett Mayor Brent Chesney Councilmember Melody Cooper Councilmember Jerry Garcia Councilmember Bill Kelly Councilmember John Marez Councilmember Jesse Noyola Councilmember Mark Scott Councilmember Rex Kinnison Councilmember and all of said persons were present except for • , thus constituting a quorum. Whereupon, among other business, the following was transacted at sand meeting: a written ORDINANCE WITH RESPECT TO ALLIED WASTE NORTH AMERICA, INC. PROJECT was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of said ordinance, prevailed and carried by the following vote: AYES: NOES: • ABSTENTIONS: 2. A true, full and correct copy of the aforesaid ordinance adopted at the me described in the above and foregoing paragraph is attached to and follows this cert' ate; said ordinance has been duly recorded in said City Council's minutes of said mee g; the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said ordinance; the persens noted in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; each of the Houston 3174076v.2 officers and members of said City Council was duly and sufficiently notified officially and personally, in advance. of the date, hour, place and purpose of the aforesaid meeting, and that said ordinance would be introduced and considered for adoption at said meeg, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and said meeting was open to the public as required by law; and public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. SIGNED AND SEALED this , 2007. City Secretary 9 AGENDA MEMORANDUM City Council Action Date: April 10, 2007 SUBECT: Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard (Project No. 7319) AGENDA 'EM: Motion authorizing the City Manager, or his designee, to award a construction contract for Base Bid "B" in the amount of $758,198 and Additive Alternate No. 2 in the amount of $83,060, for a total construction contract in the amount of $841,258, with D & C Fence Company, Inc. of Corpus Christi, Texas for the Homeland Security Improvements at Wastiewater Treatment Plants and Wastewater Equipment Yard. ISSI,IF: The proposed project provides for necessary improvements to the City's wastewater treatment plants and wastewater equipment yard for Homeland Security requirements. The proposed project is ready to begin the construction phase and requires City Council approval. FUNNING: Funds for this project are available in the FY 2007 Wastewater Capital improvement Budget. RE( M DATION: Staff recommends approval of the items as presented. Fost Crowell, Director of Wastewater Services AddiponailiSuroport Ma rial: Exhi t "A" Background Information Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map gel R. Escobar, P. E. 'rector of Engineering Services H- .USE R$2\ HOME VELMAP\GENIWASTEW A TER\7319 HOMELAND SECURITYCONSTRUCTIONWGENDA MEMO BACKGROUND INFORMATION SUECT: Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard (Project No. 7319) PRCVECT DESCRIPTIQN: The proposed project consist of approximately 1,780 liner feet of a new 8 -foot high wall masonry fence along the Ennis Joslin right -of way at the Oso Water Reclamation Plant. Additive Altemate No. 2 consists of approximately 200 linear feet of additional 8 -foot high wall masonry fence at the Oso Water Reclamation Plant. All work to be complete and together with all appurtenances, in accordance with the plans, specifications and contract documents. BID IFOAATION: The bid proposal was initially set up with two (2) Base Bids and two (2) Additive Alternates as follows: Baste Bid "A" - Access Security System /Gates Additive Alternate No. 1 - Gates Base Bid "B" - Fence Adcve Alternate No. 2 - Fence Base Bid "A" Addendum No. 5 executed on March 21, 2007, canceled the opening of bids for Base Bid "A ". 1t was determined prior to bid opening that competitively bidding the system was not in the best interest of the City. BaseBid "A" specifications required the access system to be compatible with RS2, and be connected to the City -wide access system. Installation by any firm or installer without RS2 certifications would have voided warranties and software support of the City -wide access system RS2 licenses for the Wastewater Department had previously been purchased through a Homeland Security Grant. This precluded the use of any non -RS2 system, which requires the security firm and the installers to possess RS2 certification. Prices for the RS2 system are available from GSA and State of Texas. Purchasing Department will present the Base Bid "A" system for installation under a Homeland Security exemption as a separate agenda item. Base Bid "B" Bid Proposals for Base Bid "B" were received on March 21, 2007 with three (3) bidders submitting a proposal. The bidders are D & C Fence Company, Inc., C. W. Campbell Electric, Inc., and R. S. Black Civil Contractors, Inc. JSERS2 \HOMF`.VELMAP \GEN','NASTEWA' ER \7319 HOM '_AND SECURITY\ CONSTRUCTION\AGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 The estimated cost of construction is as follows: Base Bid "B" $839,573 Additive Alternate No. 2 91,444 Total Estimated Cost of Construction $931,017 The bids range as follows: Base Bid "B" From $758,198.00 To $834,296.00 Additive Alternate No. 2 From $83,060.00 To $90,335.00 The City's Consultant, RVE, Inc., and City staff recommend that the construction contract be awarded to D & C Fence Company, Inc. of Corpus Christi, Texas, in the amount of $841,258 for Base Bid "B" and Additive Alternate No. 2 for the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard Project. COf+RAAT TERMS: The contract specifies that the Base Bid will be completed in 150 calelddar days. Project completion is anticipated by mid - October 2007. FUMING:, Funds for this project are available in the FY 2007 Wastewater Capital Improvement Budget. PRIR C,JNCIL ACTION: 1 Fel ruary 28, 2006 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services to RVE, Inc. in the amount of $142,606 for services related to the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard (Motion No. M2006 -060). 2.. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146.994,500 (Ordinance No. 026997). PRI$R 411AINISTFtATIVE ACTION: 1 ADO 1, 2005 — Distributed RFQ No. 2005 -01 Wastewater and Parks and Recreation Projects to 189 firms (76 local and 113 non - local). 2 April 27, 2005 — Distributed Addendum No. 1 to the RFQ No. 2005 -01 Wastewater and Parks and Recreation Project to 189 firms (76 local and 113 non - local). 3 July 3, 2006 — Award of a Testing Agreement in the amount of $9,100 to Rock Engineering & Testing Laboratory, Inc. for services related to the Homeland Security Improvements at Wastewater Treatment Plants and Wastewater Equipment Yard. H USERS2,HOMEIVELMAPIGEN `WASTE, ". ATER,7319 HC MELANE% SECURITYICONSTRUCTION\AGENDA BACKGROUND EXHIBIT "A" Page 2 of 2 HOMELAND SECURITY IMPROVEMENTS AT WASTEWATER TREATMENT PLANTS AND WASTEWATER EQUIPMENT YARD (PROJECT NO. 7319) PROJECT BUDGET April 10, 2007 FUNS AVAILABLE: Wastewater C IP $1,086,089.00 FUNDS REQUIRED: Construction Contract (D & C Fence Company, Inc.) $841,258.00 Contnigencies (10%). 84,125.00 Consultant (RVE, Inc.). 142,606.00 Engineering Reimbursements 4,000.00 Testing (Rock Engineering & Testing Laboratory, Inc.) 9,100.00 Miscedlaneous (Printing, Advertising) 5,000.00 Total.. .... $1,086,089.00 EXHIBIT "B" Page 1 of 1 R.S. Black Civil Contractors, Inc. P4. Sow 6s1$ Corpus Christi, TX 7$486 2 88Q58585� r M N r 12,250.00 $ 5,000.00 8 8 i@ N N j N $ 200,688.00 $ 214,768.00 8Q8Q888 r t",4- N N al. N r N . r N N N O i 88888 N N g8 N N N 1 $ 22,600.00 $ 22,516.00 I $ 300.00 8 N 8 N 8 N 8 4,4 N N p p .. ° N N p p ^$ tr N N p ;S - N r$ 113.00 S 1,732.00 p p 88$8 N N p t0 N p N 8 N N p 8 N N N 5 113.00 $ 1,732.00 $ 300.00 C.W. Campbell Electric, Inc. Corpus Christi, TX 7$406 2 W 88 ® 1A M N $ 62,868.001 $ 1,496.0011 88888 N O n Yf N N 3 b N i8 � N $ 191,808.00 $ 159,712.00 $ 5,742.00 $ 3,872 00 11,800.00 88 ♦p8 ^ I N N $8888888 3 N N pi N N N 3 I 1.5 Pi ' N N N 8888888 O N fD N 4. Q1 N N 8 N 8 N 8 j CD N 8 IN N $ 507.00 $ 748.00 m8 N N 8888888 N N N N N N N i 8.888 N N N N 8888 N N N N D & C Fence Company, Inc. Corpus 3 711472 ~ 1 Q8 7F N $ 22,940.00 $ 1,800.00 58888 25 g N N g N 8.886888 %I Si I 1 N N 2 Ri N N N $ 15,950 00 $ 708,258.00 5888Q8Q8 25 N N �S N N N 8j N n $ 14,105.00 $ 7,000.00 8 N 8 N 8 8 8 8 g8 8 8 8 In N N p p v 0 r N N p p pw Y N N p p ;7i CD N p p .- N p p 8 ? N N p 8 08 N N $ 216.00 $ 59.50 p p § 8 N N L$ LS 6 Q LF LS W W J EA LS LS Q W W LF LF Q 111 J ',Homeland Security Improvements at Treatment Plants and Wastewater Equipment . Trill 124 2 n . - L 1776 124 - .- r 8 r . , • - (tINlBl t11111151ees, Bonds, (complete in place, per Lugagligal Pier Exploratory Excavation per Specie! Provision A-47, (complete in place, per EaCAI Project Signs, (complete in place, per Es& J Remove & Salvage Existing Chainlink Fence, (complete in place, per Ltr)4ar Foot) Allowance for Unforeseen and Unanticipated Obstructions below 8'4' depth . . . Y 3 1 1 1 b. 118" x 12" Concrete Footing, (complete in place, per Lnear Foot) 18" Diameter x 25' Deep ontled Shaft, (complete in place, per 1 ) Aluminum Fence Panels, (complete in place, per FactO Aluminum Posts for Fence Panels, (complete in place, per Li= Mow Strip at Fence Offsets, (complete in place, per ) Subtotal Items DFI -DF7: Mobilization, (complete in place, per Lumo Sum) Bonds, (complete in place, per j,y) Pier Exploratory Excavation per Special Provision A-47, (complete in place, per Emily Allowance for Unforeseen and Unanticipated Obstructions below 8'-0" depth Subtotal Items AF1 -AF4: [18" x 12" Concrete Footing, (complete in place, per Linear Foot) 18" Diameter x 25' Deep Drilled Shaft, (complete in place, per ) Grading, (complete in place, per ijanato 1 TOTAL BASE BID B (Bid Items B1-B6, DF1 -0F7): TOTAL ADDITIVE ALTERNATE No. 2 (Bid Items AF1 -AF4, FE1 -FE4): TOTAL BASE BID B + ADDITIVE ALTERNATE No. 2: a m A {p m 8 y,. O N C) LL LL O O p E- LL LL O O Ip LL O N LL LL Q Q M Q LL LL Q Q N W W LL LL C) a W W LL a The areas with bold borders indicate an error in the extension which did not effect the low bid. The totals reflected here are the Unit Price times the Quantity. Section B -2 -7 states, "The unit price shall govem over the amount." 10 AGENDA MEMORANDUM City Council Action Date: April 10, 2007 SUEIECT: Up River Road Water Line Improvements — Dona Drive to Savage Lane AG DA ITEM: Motion authorizing the City Manager or his designee to execute a conructian contract with King -Isles Inc. of Corpus Christi, Texas, in the amount of $2,347,765 for Up River Road Water Line Improvements, Dona Drive to Savage Lane for Total Base Bid and Additive Alternative No. 2. ISSN: The proposed construction project consists of removing the existing 20" water line and replacing it with a 24" ductile iron pipe water line with viton gaskets. During construction, a temporary high density polyethylene (HDPE) water line will provide water to the large- volume users. The project has bid and Council approval is required to begin construction. FUIiING Funds for this project are available from the FY 2006 -2007 Water Capital Imprtvement Budget. REtMAIDATION: Staff recommends approval of the motion as presented. i ' ` 7 Xa•r -Ol/4✓ /f/ 7 t pdu$rdo Gararia, P.E. ' -I R. Escobar, P.E. Director of Water Services Ad *ono Support Matprial: Exh it "A" Background Information Exhibit "B" Bid Tabulation Exh►it "C" Project Budget Exhit "D" Location Map H WOMRSRactteile eENlWater\Water Systemt8537 -Up River Water impsAgenda Memo doc rector of Engineering Services BACKGROUND INFORMATION SUIIIECT: Up River Road Water Line Improvements — Dona Drive to Savage Lane (Project No. 8537) CONISTRIXTION CONTRACT: The proposed project consists of removing the existing 20" watair line and replacing it with 4,275 linear feet of 24" ductile iron pipe with viton gaskets and all appurtances. During construction, a temporary high density polyethylene (HDPE) watery line will provide water to the large- volume users. Bentonite dams will be utilized during construction in order to isolate the contaminated soils in the trench. The disposal of contaminated soils and dewatering will be in accordance with TCEQ rules and regulations. This project also consists of 36 "-48" bore and casing. This roject will complete the installation of the new 24" water line on Up River Road from IH -3 to Lantana Street. Two previous segments had already been installed and this section was completed last because of the complexities caused by the contaminated soils issue. Installation of a new 24" water line is critical so that water flows and pressures to the industrial area are maintained and to prevent water service disruption. BID;: 1FOIIIIATION: On March 14, 2007, the City received proposals from four bidders (see Exhibit "B" Bid Tabulation). The estimated cost of construction is $2,115,500. The project was bid as a Total Base Bid and three additive alternatives. The bids ranged as follows Total Base Bid + Add. Alt. No. 1 (4,275 LF of 24" welded steel pipe) $3,200,070.00 $3,621,001.00 Total B, >e Bid + Add, Alt. No. 2 (4,275 LF of 24" ductile iron pipe) $2,347,765.00 $3,569,701.00 ➢ Total Bose Bid + Add. Alt. No. 3 (4,275 LF of 24" glass- reinforced fiber pipe) $3,063,270.00 $3,608,176.00 When the bids were opened and read, the bid summary sheet in the King -Isles Inc. proposal showed an amount of $940,500.00 for the Total Base Bid plus Alternative No. 2. However, the base bid was not included in this total. The correct total for the Base Bid plus Total Alternative No. 2 should be $2,347,765.00. (King -Isles Inc. did not submit bids on Additive Alternative No 1 nor Additive Alternative No. 3.) Therefore, their bid was deemed irregular. FROM TO However, King -Isles Inc submitted the lowest bid of the three alternatives and they have satisfactorily completed major projects for the City. Therefore, City staff and the Consultant (LNV Engineering) are recommending that the City Council waive the irregularity and execute a construction contract with King -Isles Inc. of Corpus Christi, Texas, in the amount of $2 ;347,765 for the Total Base Bid and Additive Alternative No. 2. - 1.1HOME1RechelletGEMWater\Wafer Systeml8537 -up River Water ImpslAgenda Background doc COP RA T TERMS: It is proposed that the project be completed in 180 calendar days, with corn tion anticipated in November 2007. PRS EC' $ACKGROUND: The existing 20" water line on Up River Road from Dona Drive to age Lane is old and located in highly contaminated soils. The existing water line serves the industrial part of the city, including refineries and large- volume users. The work to be performed is in a highly congested and contaminated area. Due to the contamination, close coordination between City staff, the Engineer, and the Texas Commission on Environmental Quality (TCEQ) must be performed. TCEQ has reviewed the plans and specifications for this project and issued a notice to proceed with cons*ruction. PR - C NCIL ACTION: 1 ne 2005 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $199,431 fora total restated fee of $1,179,650 on the Water System Interactive Hydraulic Model and Analysis Project for the Up River Road Water Transmission Line from Dona to 1,000 feet east of Navigation. (Motion No. 2005 -205) 2. epterer 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No 026997) 1-1:1HOA {Rachelle∎GEN \WaterMater 5ystem18537 -Up Rive Water imps\Agenda BacFground doc A 0 0 O N /f r 01 C N O wU < OW < EL! G4 co) W 1- N U rn a 0 p U m W LL o Oit g Z ui z z w LL 0 2 Ai ce us z W Q 4 a. C W o m C 0) 0 W 0 0 0 e If w O d 0 u • LUOo d Z C 0 W 0 m 0. o0 W go � W $ 38,190.00 $ 37,400.00 88(Eii� O O p 69494469 -88888 Pi 0 1f? 1fi fD N .- 8 ? t0 44 8888888 �0 § ,z.;-; N 44 6949 & O Oi O 69 $ 10,000.00 $ 903.00 $ 2838 00 $ 1,062.00 S 01A M 3888888 0 O V 1� ^ 1� 169 4969 In h 8 69 88 dp co co 69 $ 28,200.00 $ 84,250.00 8CCE {� N C O ., 69 61 $ 13,380.00I 8SE ' g Q C 64 61 $ 43,065.00 $ 713,925.00 $ 136,784.00 R8 l7 49 I$ 150,589 20 I $ 19.00 8 69 88-88 J yy6949y 8{88$$698 O OA) 69 49 R N nit.: 69 44 1 ■ 8 8 69 �8 CAD 07 69 $ 26,419.75 $ 3,100.00 $ 2.379.25 $ 2300 00 $ 11,160.00 I $ 79.00 S 12 477 50 S 7nnnM 1 $ 12,152.00 $ 5,000.00 $ 868.00 $ 903.00 $ 2,387.00 $ 709.00 395.25 $ 354.00 $ 906.75 $ 914.00 $ 48.035 00 S 7 nnn 0 i.88 ;8R t71 199 69 {O T A CD 69 49 8 8 69 8 ^ 69 8 ;p y 8 8 1� 8') 0D 69 8 y 8 OA to N 401 $ 139,500.00 I $ 674.00 $ 213,086.25 I $ 528.00 $ 7.905 nn S 1 700 M > 8 en 1 • y i 8 i Of CD 1 69 $ 38,750.00 I $ 12.00 $ 140.275.00 S R nn ` 8 eh P7 p i 8 44 • 8 8 1� ID N p 69 8 8i a�D 44 69 $ 8,780.75 $ 824.001: SIXeuactlon 1188 Rodeo Drive Aransas Pass, TX 78336 tlO H Z 0 8 $ � 69 a O A 69 O t7 69 8821,8 h O A 69 49 N NN n 6964 49 8 m C 69 $ 3,774.25 $ 2,379.25 $ 93.00 $ 2,495.50 $ 945.50 8 10 44 $ 868.00 $ 596.75 $ 131.75 $ 908.75 $ 4.185.00 — 69 $ 4,727.501 8 0) (0 69 8 0 Q 69 8 O 69 $ 1,092.75 $ 1.317.50 8 69 $ 38,750.00 $ 7.75 8 49 g N O N 69 69 8 �[I 69 EBig State Excivilion P.O. Box 280297 , Corpus Christi, TX 78426 TOTAL PRICE $ 40,200.00 $ 30,800.00 , 8888 8g- N.. 69 69 O m 69 69 g 49 $ 11.750.00 88 g& N 69 69 $ 11,000.00 $ 8,100.00 8 ._ 69 $ 850.00 $ 2,400.00 ggggg m N n 8 S 69 8 g 4 69 $ 33,000.00I 8 N 69 $ 185,250.00 $ 13,800.00 8 69 88 g 49 49 $ 18,270.00 $ 42,750.00 $ 9,130.00 8 44 171 0 8 O N 69 8 N 69 8 69 88 t0 A' 64 69 I $ 2,700.00 $ 6,600.00 8 R 44 88. ". 69 oq8 88 8 V) V N t') (V 44 49 69 88 88 'v 01 N 69 49 88 g U) 69 698 88 gu t0 69 69 8 88 88 ? 1 g f0 49 69 49 88 88 O g f0 A 49 44 88 E 69 88 g A 44 88 O 69 8 § 69 8 Q8 g `Ej N y y 8 N y 8 8 N Un 64 69 8 8 pOp p? f�) Ol 69 ca $ 19,575.00 $ 14.00 $ 34,200.00 $ 10.00 $ 4,980.00 $ 55.00 King-Isles, Inc 1841 Eton Corpus Christi, TX 78409 I TOTAL mem 88 C 44 1p8� gypp`! 49 8 69 $ 78,000.00 88 O 44 44 8 8 69 88 69 69 $ 23,800.00 $ 1,800.00 $ _._ 19,200.00 69698 .O O 69 pq8 O t0 49 8 88 8 88 8 �OD�ggO .- N 69 69 69 69 69 88 rp 69 $ 14,100.00 I pQ8 Y a00 69 88 N N 69 88 pO E1 69 $ 126,750.00 - $ 12,000.00 8 a 69 Q88 `._ 8 69 8 N 44 8 m 69 8 dD A 69 69 3 1, SUU.DU $ 6,200.06 .- 69 8 O h 69 88888888 ®� Ci .- V) 49 64 !'f O N 69 69 S8 O 8) 44 88888888 10 N 69 69 44 69 p .- 1 69 $ 4,700.00I $ 6,700.00 88 O y 100'008 $ 888 f�0 O N 69 64 8 ' 69 § .-. 88 lh y VG 8 49 8 8 W co 69 69 v nu nrw vwrvanL '.Jr EXISTING 20" WATERLINE WOCZ> ¢Fw-w � ' << N N .- 11Z" LiAIE VALVE 12" ANY ANGLE BEND 112-X8" TAPPING SLEEVE & VALVE 'ICAO" REDUCER 12"X8" REDUCER _ 8" PLUG 6" ANY ANGLE BEND (WATERLINE CONNECTION WATERLINE SERVICE FIRE HYDRANT ASSEMBLY FIRE HYDRANT ASSEMBLY W/ 12 "X6" TEE FIRE HYDRANT ASSEMBLY Wl24 "X6" TEE AIR RELEASE VALVE VAULT AND ASSEMBLY 48 "e BORE WITH STEEL CASING 30" a STEEL CASING BENTONITE DAMS TRENCH SAFETY FOR WATERLINES TRAFFIC CONTROL UTILITY PAVEMENT REPAIR JTILITY CONCRETE PAVEMENT REPAIR 3ROUNDWATER DEWATERING REMOVE & REPLACE 6" CURB & 3UTTER REMOVE & REPLACE 15" RCP L W LL W W W W Q QW 6 W LL Q W W J LL LL W LL J y It It LL LL J l '- ^O G7 N .- < C: r .^- O •- t') 01 CV 0) CO 696969 )0p0 l7 0 N � S jj D 4- CV N) " V' N (0 A CO 0) 0 N N N N (') N 7 N V) N (0 N A CO N N N c0') 07 (N') 8') N f o0 r P4 L f h W .. O U QO O 0 4 m f N W Ul f y S U co a CC in 0 LL O� Z E5 , 5 re co ol ►.4-z z w u. O {V • 2, O. u C 0 c C 0 W O O T uiO a q a s U • MU W r W ra 00 W U ?O W CO x � Q { Hollow Comporalion 13730 I.H. 10 East Converse, TX 75109 1=4 F $ 1,670001 $ 24,720 00 8 8 O $ 10,000.00 $ 101,400.00 8 r 8 8 N $ 1,407.00 $ -- -- 3,114.00 8 H 8 — 4 4 $ 7,500.001 8 t0 8 V p 8 f H 4$ $ 8 8 0p H H p © 8 8 H p 8 $ $ $ p H 8 O ff $ CO p $ eV V* $ 469.00 $ 519.00 H p O 8 H 8H 8 p C N H p 8 .9 59.0 011010M180en 1165 Rodeo Drive Aransas Pass, TX 78336 F Q $ 12,555.00 $ 47,197 50 8 8 p Q F H N p p O G tD N H $ N $ 12,857.251 m $ 1,092.75 $ 2.37150 a H $ 3,224.00 N m N p 0 6- H $ 23,870.00 pN O 66 64 $ 1,25550 $ 1,573.25 8 ©$© 8 H N 80o $ O N O H H " H $ 162.75 1 pH {8 t0 W H $ 364.25 $ 395.25 t0 H 8 49 8 CV CO H $ 170.50 $ 3.410.00 8 N H P.O. Box 260297 Corpus Christi, TX 78426 F Q8 8Q H H 8 y 8� H N $ 10,000.001 $ 96,200.00' $ 13,430.00 88 H Q8Q 8 H p 8 H 88 N Q 8Q N 8 69 8 N 8 H W 88 8 1 H pp8 O H 8 8 H 8 8 8§ H N 8. 8 ' 8 8 8 M ',' T 8 H H H N 8 0 H 8 H 88 l9 M H N 00'001 S H H H H 1841 Goldston Corpus Christi, TX 78409 88 O H 88 8$ tD p H H 88 88 j 88 88 O O I N Y H H ; H H 8 a) H 8 H 8 8 H H 8 H 8 H p8 H 88 H p8 H $ 3,800.00] 0 i 8 N 8 8$ & § !!!:!! 8 8 1 8 8 § g ? 8 H 8 ri p 8 8 H H 8 H 8 H N H H IIATER LINE IMPROVEMENTS VE TO SAVAGE LANE LIECT NO. 8537 REMOVE & REPLACE (2) - 6'X4' BOX CULVERTS (CONTRACTOR OPTIONAL TO BORE & CASE) REMOVE & REPLACE 10•X6' BOX CULVERT (CONTRACTOR 'OPTIONAL TO BORE & CASE) PIPE BOLLARDS DISPOSAL OF CONTAIN ATED SOIL ALLOWANCE WATER UTILITY ALLOWANCE TEMPORARY 8" HOPE WATERLINE ABOVE GROUND 'TEMPORARY 8" HOPE ANY ANGLE BEND TEMPORARY 24 "X8" TAPPING SLEEVE & VALVE (TEMPORARY 8 "X8" HOPE TEE 'TEMPORARY 8 "X6" HDPE TEE TEMPORARY 8 "X6" HOPE REDUCER TEMPORARY 6" HOPE WATERLINE TEMPORARY 8" HOPE GATE VALVE TEMPORARY 6" HOPE ANY ANGLE BEND TEMPORARY WATERLINE CONNECTION TEMPORARY FIRE HYDRANT ASSEMBLY W/ 8 "X6" TEE S7 U. J lL J a CO CO lL CO J J J LL J W a W W W W lJ 1 W W LLI N t o m n Mn rot mo �V , e` N M Y a I LO sr CO ,s- O a CO n ' v) W 11POSS lac Sr 1► 11 DONA DRIVE TO SAVAGE LANE f 1165 Rodeo Drive 137301.H. 10 East • * CT SAVAGE Corpus Christi, TX 78409 Corpus Christi, TX 78426 Aransas Pass, TX 78336 Convene, TX 78109 1:3111311011 TOTAL TO AL TOTAL �,,;a^< ;��. � -ate a ,, ��`. *• ALTERNATIVE NO. 1 CONSISTS 4,275 OF USING 24" WELDED STEEL No Bid $ 340.00 $ 1,453,500.00 $ 410 75 $ 1.755,958.25 $ 31300 $ 1,338,075 00 PIPE INCLUDING ALL APPURTENANCES ALTERNATIVE NO. 2 CONSISTS 1 OF USING 24" DUCTILE IRON PIPE A -2 4 275 I F (DIP) WITH VITON GASKETS $ 220 00 $ 940,500 00 $ 275 00 $ 1 175625 00 $ 353 40 $ ' 510.785 00 $ 301.00 $ 1.286.775.00 INCLUDING ALL APPURTENANCES j 1:175,:=7:7777. 1,111111.1111Minillr:7. ' , 7.7.7. 1111111111111111111111/111117:77771 111111111•111111 MP= I 1111111111111..: 7.= ALTERNATIVE NO. 3 CONSISTS j OF USING 24" GLASS 4.275 REINFORCED FIBER PIPE No Bid $ 308,00 $ 1,316,700.00 $ 334.80 $ 1,431,270.00 $ 310.00 $ 1.325,250.00 (FIBERGLASS) INCLUDING ALL APPURTENANCES TOTAL BASE BID + TOTAL ALTERNATIVE NO. 1: No Bid $ 3,200,070.00 EMEEMDEI $ 3 621 001.00 TOTAL BASE BID + TOTAL ALTERNATIVE NO. 2: ** $ 2,347,765.00 $ 2,922,195.00 $ 3,351,538.65 $ 3,569,701.00 TOTAL BASE BID + TOTAL ALTERNATIVE NO. 3: No Bid $ 3 063 270.00 3 27 023.56 3 606176.00 k § co A k 2 ( $ 2,945,412.00 1 FUND UP RIVER ROAD WATER LINE IMPROVEMENTS DONA DRIVE TO SAVAGE LANE (PROJECT NO. 8537) AVALABLE: PROJECT BUDGET April 10, 2007 ESTIMATED BUDGET 'Water 4IP Fund FUND tE(RED: Construction Cost (King -Isles Inc.) $ 2,347,765.00 Constriction Contingencies 234,777.00 A/E Colulttts (LNV Engineering) 199,431.00 Constrtction Testing (Fugro) 20,046.00 Constriction Inspection 93,911.00 Engineing Reimbursements 22,832.00 Financ4 Reimbursements 23,478.00 Incident Expenses (Printing, Advertising, etc.) 3,172.00 Total $ 2,945,412.00 EXHIBIT "C" Page 1 of 1 `Mproject \ councilexhibits \exh8537. d wg UP FAR ROAD WATER LINE IMPROVE- AENTSCONA DRIVE TO SAVAGE LANE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04-04-2007 11 AGENDA MEMORANDUM 4 City Council Action Date: September 12, 2006 SUBECT: Senior and Recreation Improvements Joe Garza Gym [Bond Issue 2004 & CDBG] AGIIDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $46,048.56 for renovations to the Joe Garza Recreation Center. [Bond Issue 2004 & CDBG] ISS1: Under the 2000 Bond Issue, repairs were completed to several area senior and recreation centers citywide to bring them up to current ADA standards. Under this Bond Issue 2004 project, necessary repairs and enhancements will be made to the Joe Garza Recreation Center for ADA compliance and other miscellaneous improvements to update the center. Community Developed Block Grant Funds will be used to augment funding and enhance construction. FUZING; Funds for this project are available from the Parks and Recreation Capital Improvement Budget and Community Development Block Grant funds. RE(MNIDATION: Staff recommends approval of the motion as presented. i t ae f /frGaviik a ri . Escobar, P.E. Director of Parks & Recreation irector of Engineering Services 410.1 Y / I (� a Daniel Galleg s Jr., PM CD Administrator Ad ion Support Material: Exh it "A Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\HOMelYNDAS \GEN\PARKS ■Bond issue 2004 \3326 - Joe Garza gym - JOC\Agenda Memo dot AGENDA BACKGROUND INFORMATION SUBJECT: Senior and Recreation Improvements Joe Garza Gym [Bond Issue 2004 & CDBG] PR ECT DESCRIPTION: Under the 2000 Bond Issue, repairs were completed to several area senior and recreation centers citywide to bring them up to current ADA standards. Under this Bond Issue 2004 project, necessary repairs and enhancements will be made to eight (8) area centers and various swimming pools and parking lots at other City recreation facilities. This project will provide for repairs and enhancements to the Joe Garza Recreation. Planned work includes: • Replacement of roof over basketball court • Additional lights at basketball court • Surface topping of basketball court and play area • New floor tile in the teen kitchen • Installation of a new intercom system, and • ADA & safety improvements as necessary to complete the project. ME t OD ciW CONSTRL TION: Job Order Contracting (JOC) is an innovative contracting tech ' • ue created for fac$ities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as-needed basis for an Indefinite Quantity Contract to perform minor construction, repaW, rehabilitation or alteration of facilities. A similar contracting technique was approved by the City Council in September 2005 under the Texas Cooperative Partnering Network (TCPN). Fire Station #13 and Kiwanis Softball Field Improvements (both Bond 2004 projects) were successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc based out of San Antonio. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: 1. Allows a better defined scope with cost for the customer. 2. Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. 3. Each delivery order is a stand alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. 4. Charge Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. EXHIBIT "A" Page 1 of 3 On January 3, 2007, the City of Corpus Christi issued an RFP (2007 -01) for JOC contractors. This would enable the City of Corpus Christi to more effectively target local contractors including minority /minority business enterprises and HUB contractors. It also would avoid the pass through fees associated with the TCPN. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee it was recommended to pursue JOC Contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2) Nuway International, Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 This first project will be utilizing the services of Alpha Building Corporation. FUNNG: Funding for this project is coming from unused Community Development Block Grant (CDBG) funds and Bond Issue 2004. A prior CDBG project for the Joe Garza Gym in FY 2002 only used a partial amount of the available funds. These remaining dollars will be combined with voter - approve bond money to enhance construction and expand the scope of the project. PROCT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facililes, provide for growth, and protect the City's investment in its infrastructure. PRI CQVNCIL ACTION: 1. ve r 10, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons and eIgible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 2. S,ppter>ber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of 146,994,500. (Ordinance No. 026997) PRI A AINISTRATI1 E ACTION: 1. nuary 3, 2007 — Distribution of Request for Qualifications (RFQ) No. 2007 -01 Job Order Contracting. 2. nua 29, 2007 — Distribution of Addendum No. 1 to the Request for Qualifications ( FQ) No. 2007 -01 Job Order Contracting. EXHIBIT "A" Page 2 of 3 FUT E UNCIL ACTIN: Approval of various construction contracts to complete the rem ing nior and Recreation Centers as required. EXHIBIT "A" Page 3 of 3 CONTRACT SUMMARY SUBJECT: Renovate Senior and Recreation Facilities Project (Project No. 3342) CDBG & BOND ISSUE 2004 PROJECT PROJECT DiCRIPTION: This co ract will provide for various facility improvements including addressing ADA and safety concerns at the Joe Garza Recreation Center. The contract under Job Order Contract will include: • Teen area floor and kitchen upgrades, • new intercom system, • roof repairs, • resurfacing of basketball court, and • resurfacing play area concrete surface. A Request for Proposals was issued for a Job Order Contract. Five qualified firms responded to the Request for Proposals. Alpha Building Corporation and Nuway International were selected as the most highly qualified responders. Both firms are have offices in Corpus Christi. It is recommended this first job order by awarded to Alpha Building Corporation. That job will begin inxnediately and result in improvements to the Joe Garza Recreation Center prior to the Parks & Recreation Summer Session. Other projects are planned for the Renovation of Senior and Recreation Facilities. The other projects will use both Job Order Contracts and competitive bid method selection methods. All work is being coordinated with the Parks & Recreation and facilities. FEE: The total contract fee is $46,048.56. H \HOMEIKEVINSIGENI PARKSU oeGarzaRecCtr \ContractSumExhB.doc Fie \Mprojecri. \HOME \MPROJECTS \councilexhibits \exh3226.dwg NLIECES BAY CORPUS CHRISTI BAY JOE GARZA RECREATION CENTER BEAR F.M. 43 PIOJECT FM 2444 LOCATION MAP NOT TO SCALE EXHIBIT "C' SENIOR MID RECREATION CENTER IMPROWILENTS, IrOND ISSUE 2004 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -04 -2007 12 AGENDA MEMORANDUM City Council Action Date: April 10, 2007 SUBJECT: Lindale /Chenoweth Subdivision Area Drainage Improvements, Phase 1 Part B (Project No. 2243) Neighborhood Street Reconstruction Cluster 6 (Project No. 6367) ADA Compliance - Alameda Street (Project No. 6392) (BOND ISSUE 2004) — CHANGE ORDER NO. 1 AGDA M: Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with SLC Construction, L.P., of Conroe, Texas, in the amount of $261,300.02 for the replacement of existing water lines as part of the Lindae /Chenoweth Drainage project. !Salt: The proposed change order involves replacing the deteriorated existing 6" water line oh Hof*nan Street between Lawnview and Alameda with a new 8" water line in order to avoid having to dig into the new street surface on Hoffman after it is construction. Also, durim the bidding phase of this project, it was discovered that the existing waterline on Tancahua Street between Power Street and Beldon Street is in very poor condition and in immediate need of replacement This change order also includes replacing the existing 6" wafer line with a new 12" water line. FUMING: Funds for this project are available from the FY 2006 -2007 Water Capital Improvement Budget. REC DATION: Staff recommends approval of the motion as presented. 4 B6 Edumdo Garana, P.E. Direr of Water Services Ad nal upport Ma*ial: Exhi "A" Background Information Exhibit "B" Change Order Detail & Summary Exhibit "C" Location Maps (2) e R. Escobar, P.E. irector of Engineering Services H:\ HOMED echelle1C?IENIOrainage\2243, 6367 6392- Lmdale \Construction\CO No. 1\Agenda Memo doc BACKGROUND INFORMATION SUBJECT: Lindale /Chenoweth Subdivision Area Drainage Improvements, Phase 1 Part B (Project No. 2243) Neighborhood Street Reconstruction Cluster 6 (Project No. 6367) ADA Compliance - Alameda Street (Project No. 6392) (BOND ISSUE 2004) — CHANGE ORDER NO. 1 CHIIGE ORDER NO. 1 DESCRIPTION: As part of this project, some water line adjuments and replacements were included along the route of the new drainage system. However, the intent of the project was not to do a wholesale replacement of all water lines. Unfortunately, during the installation of the drainage box on Hoffman Street, the existing 6" water line experienced some breakage due to the vibrations from the construction equipment. Upon investigation and repairs to this water line, it was discovered that the line is made of cast iron and is in very poor condition. Since Hoffman Street is scheduled for compete reconstruction with new curb and gutter, sidewalk and driveway approaches as part of this project, it is not advisable to construct these improvements without the replacement of the existing water line. Any subsequent repairs to this water line would require digging into the new street surface. This change order includes replacing the existhg 6" water line on Hoffman Street between Lawnview and Alameda with a new 8" water line. Also, during the bidding phase of this project, it was discovered that the existing waterline on Tancahua Street between Power Street and Beldon Street is in very poor condition and in immediate need of replacement. This change order also includes replacing the existing 6" water line with a new 12" water line. The detailed list of the bid items and quantities in Change Order No. 1 are included in Exhibit "B." The total net cost of Change Order No. 1 is $261,300.02. PROCTPESCRIPTIO.N: In order to economize on costs and expedite construction, three = eparate projects within the same service area are being constructed together. The lkst element of this project is the Lindale /Chenoweth Subdivision Area Drainage Imprevemsnts, Phase 1, Part B. As part of the Council- approved $55 million list of Storm Water improvements designed to upgrade the drainage in various parts of the city, funds were provided to improve drainage in the Lindale Subdivision and the Chenoweth area. Part A of this project was recently completed and consisted of the construction of a larger and improved drainage outfall system between Corpus Christi Bay and Santa Fe Street. Part B of this project continues this drainage system on Katherine from Santa Fe westward and crosses Alameda adjacent to the H.E.B. on Alameda to Reid Drive. The system then goes both directions on Reid Drive with it terminating at Texan Trail on one end and at Harrison Street on the other end. As part of this project, laterals with inlets will be constructed along the route. The second element of the project consists of street and associated utility improvements in the Lindale Subdivision area as part of the 2004 Bond Issue for Neighborhood Street . 1HOMERachellelGENTrainage%2243, 6367 6392•Lindale\Construct,o■CO No. ?\Agenda Background doc EXHIBIT "A" Page 1 of 4 Imprevem ts, Cluster 6. The work consists of total street reconstruction with new curb and gutter, sidewalks, driveway approaches and utility improvements along the following: STREET SECTION FROM TO Reid Drive Texan Trail Harrison Harrison Alameda 100' S. of Reid Sorrell Alameda 100' S. of Reid Deforrest Alameda 100' S. of Reid V* Alameda 100' S. of Reid McClendon Alameda 100' S. of Reid Hoffman Lawnview Alameda McCall Alameda 100' S. of Reid Katherine Alameda 100' S. of Reid Gordon Alameda Reid Botsford Botsford 100' S. of Reid . Glazebrook Glazebrook 100' S. of Reid Robinson Robinson 100' S. of Reid McCall McCall 100' S. of Reid The third dement of the project is to provide ADA compliance on the west side of Alameda Street between Harrison and McCall. This will complete the ADA improvements on Alameda from Louisiana to Doddridge started by TxDOT and will be funded through the 2004 Bond Issue project designated for ADA Improvements. PRCECTACKGROUND: The Lindale /Chenoweth Subdivision Drainage Improvements, Phalle 1 was approved under the $55 million Storm Water Capital Improvement Program. In addition, on Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nuedes County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valoom property taxes (a General Obligation Bond Issue) in Street, Public Health and Safer, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. On January 7, 2005, a small A/E Amendment was issued to Goldston Engineering, Inc. contract for the Lindale / Chenoweth Subdivision Drainage Improvements project to begin work on the Bond Issue 2004 Neighborhood Street Reconstruction project for Cluster 6. PR CtJNCIL ACTIQN: 1. riI 2p. 2004 — 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 restated fee of $911,045 for the Lindale/Chenoweth Subdivision Drainage Improvements, Phase 1 project. (Motion No. M2004 -156) 2. I4ovenger 10, 2004 - Ordinance canvassing returns and declaring the results of the 8ecial Election held on November 2, 2004, in the City of Corpus Christi for the EXHIBIT "A" Page 2 of 4 ' 4 HOMBRachelle \GEN \Drainage12243 636" 6392- Lindale, '.'Dnstruc ionlCO No 11Agenda Background doc adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons and Eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3 January 11, 2005 Motion authorizing the City Manager or his designee to award a construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of $3,009,625 for the Lindale /Chenoweth Subdivision Drainage Improvements, Phase 1 Part A for the Base Bid and Additive Alternate No. 1. (Motion No. 2005 -003) 4 September 20, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Ramos Industries from Pasadena, Texas in the amount of $635,643.62 for the Storm Water Major Outfalls - Ldale/Chenoweth Outfall. 5 Iverrr 15, 2005 - Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the contract for professional services with Goldston Engineering Inc. in the amount of $149,058 for the Lindale /Chenoweth Subdivision Drainage Improvements, Phase 1 project. (Motion No. M2005 -395) 6 Saptennter 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 7 October 31, 2006: A. Motion authorizing the City Manager, or his designee, to award a construction contract to SLC Construction of Conroe, Texas in the amount of $11,300,441.39 for the Lindale / Chenoweth Subdivision Drainage Area Improvements, Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) (Motion No. 2006 -355) B. Motion authorizing the City Manager, or his designee, to execute a Construction Materials Testing Contract with Rock Engineering of Corpus Christi, Texas in the amount of$72,076.00 for the Lindale / Chenoweth Subdivision Drainage Area Improvements, Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) (Motion No. 2006 -356) C. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the Contract for Professional Services with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $274,590 for the Lindale / Chenoweth Subdivision Drainage Area Improvements, Phase 1, Bond 2004 Cluster 6 Neighborhood Street Reconstruction and ADA Compliance Alameda Street. (BOND ISSUE 2004) (Motion No. 2006 -357) PRIG* ADINNISTRATIVE ACTION: 1. Otober 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Rabic Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. Nemaer 10, 2000 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 200100-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. Jaaluary 10, 2001 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000 - 08i(Pubc Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. M ch 4, 2001 — Letter of Notification to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. IHOMBRachelleVGENIDratnage12243. 6367 6392 - Lindale \Construction \CO No 1\Agenda Background. doc EXHIBIT "A" Page 3 of 4 5. Spoternber 15, 2003 — Executed small A/E agreement for professional consultant services with Goldston Engineering, Inc in the amount of $24,740 for the Lindale Subdivision Drainage Improvements. 6 A,Igust 2, 2004 — Executed Amendment No. 2 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $ -0- for the Lindale Subdivision Drainage Improvements. 7. January 7, 2005 - Executed Amendment No. 3 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $16,345 for the Lidale Subdivision Drainage Improvements. 8. JtoIy 27, 2006 - Executed Amendment No. 5 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $ -0- for the Lindale Subdivision Drainage Improvements. 9. SSpteraber 15, 2006 - Executed Amendment No. 6 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $15,600 for the Lidale Subdivision Drainage Improvements, EXHIBIT "A" Page 4 of 4 H 1HOMeRachellelGsEN1Drainage12243. 636 ' 6392- Lindale,Constructbn\CO No 1Agenda Background doc CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 PROJECT NO: 2243 Operathtg Department: Water Department Name of Project: Lindale/Chenoweth Drainage Improvements, Phase 1, Part B CONTRACT TIME: 625 C.D. DATE: March 21, 2007 Contractor: SLC Construction, L.P. CHANGE SEE ATTACHED a ADD DEDUCT Why was this clone necessary? (If left off the plans and specifications, explain why) Additions water line work is requested by the City after the project was bid. How caasimilat changes be avoided in the future? Unavoidable. The poor conditions of some waterlines were unknown during the design and bid phases of the project. A. CO RACT PRICE $ 11,300.44139 B. TO CILANGE ORDER (inc. current) $ 261.300.02 C. NE CONTRACT PRICE $ 11561.741.41 D. CHANGE ORDER $ 261300.02 E. PE ENT TOTAL CHANGE (B/A) 2.31% Proj Engineer F. P IOUS ADDN'L TIME AUTHORIZED 14 C.D. G. ADN'L OONTRTACT TIME THIS CHANGE ORDER-0- H. TOTAL ADDITIONAL TIME 14 C.D. CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: By: ,..Litm. Q City Engineer Title: \)? APPROVED; Operating Department Capital Budget Officer Legal Department ADD DEDUCT A. Add the following bid items to the contract: P -1. Mobilization /Demobilization /Bond - 1 L.S. @ $15,500.00.'L.S. $ 15,500.00 P -2. Sawcut Existing Asphalt - Pavement -- 1,454 L.F. @ $5.04 /L.F. 7,328.16 P -3. Remove Existing Asphalt - Pavement 8" Maximum -- 401 S.Y. @ $5.04 /S.Y 2,021.04 P -4. Sawcut Existing Concrete - Sidewalk - 110 L.F. @ $6.20 /L.F. 682.00 P -5. Remove Existing Concrete - Sidewalk - 162 S.F. @ $1.55 /S.F. 251.10 P -6. 5" Concrete Sidewalk - 108 S.F. @ $6.20 /S.F. 669.60 P -7. Curb Ramps w/Truncated Dome - Pavers - 54 S.F. @ $34.10 /S.F. 1,841.40 P -8. Remove Existing Curb & Gutter - 15 L.F. @ $7.75/L.F. 116.25 P -9. Concrete Curb & Gutter - 15 L.F. @ $18.60/L F. 279.00 P -10. 4" HMAC Pavement, Type "D" - 401 S.Y. @ $31.00 /S.Y. 12,431.00 P -11. 12" Cement Stabilized Sand - 134 C.Y. @ $35.65/C.Y. 4,777.10 P -12. Prime Coat @ 0.16 Gal. /S.Y. - 65 Gal. @ $5.04 /Gal 327.60 P -13. Seal Coat Entire Street Pavement Areas 2,671 S.Y @ $5.04 /S.Y. 13,461.84 P -14. Storm Water Pollution Prevention Measures - 1 L.S. @ $3,875.00/L S. 3,875.00 P -15. 12" PVC C900 DR 18 Pipe - 429 L.F. @ 85.25/L.F. 36,572.25 P -16. 12" D.I. Pipe - 125 L.F. @ $108.89 /L.F. 13,611.25 P -17. 12" x 12" D.I. Cross, MJ 1 Ea. @ $829.25/Ea. 829.25 P -18. 12" x 12" D.I. Tee, MJ. 1 Ea. @ $403.00/Ea. 403.00 P -19. 12" x 10" D.I. Reducer 2 Ea. @ $558.00 /Ea. 1,116.00 P -20. 12" x 6" D.I. Reducer 1 Ea. @ $403.00/Ea. 403.00 P -21. 6" D.I. Plug, MJ. - 1 Ea. @ $193.75/Ea. 193.75 P -22. 12" Gate Valve w /Box 5 Ea. @ $2,092.50/Ea. 10,462.50 1:\PRO. CTS CC2003\A03054 -01 (C) City of C C- L.indafe Subdivision- Design Phase \05 - CONTRACTS & CHANGE ORDERS\20( Change order #1 Attach.doc P -23. 12" x 45 Degree Bend D.1. - 20 Ea. @ $441.75/Ea. 8,835.00 P -24, 12" x 22.5 Degree Bend, D.I. - 2 Ea. @ $441.75/Ea. 883.50 P -25. 6" x 45 Degree Bend, D.I. - 2 Ea. @ $232.50/Ea. 465.00 P -26. Cut & Plug 10" Waterline -- 6 Ea. @ $968.75/Ea. 5,812.50 P -27. Cut & Plug 6" Waterline -- 7 Ea. @ $705.25/Ea. 4,936.75 P -28, Great Fill 10" Line - 121 L.F. @ $10.85/L.F. 1,312.85 P -29, Remove 10" C.I. Pipe - 60 L.F. @ $11.63 /L.F 697.80 P -30. Remove 6" C.I. Pipe - 70 L.F. @ $11.63/L.F . 814.10 P -31. Remove/Salvage Existing Fire Hydrant - 1 Ea. @ $271.25/Ea. 271.25 P -32. Fire Hydrant Assembly - 1 Ea. @ $3,565.00/Ea. 3,565.00 P -33. 12" Wet Connection - 1 Ea. @ $4,185.00 /Ea. 4,185.00 P -34. 10" Wet Connection 2 Ea. @ $3,100.00/Ea. 6,200.00 P -35. 6" Wet Connection - 1 Ea. @ $1,472.50/Ea. 1,472.50 P -36. 1" Service Line Connection - 4 Ea. @ $2,170.00/Ea. 8,680.00 P -37. Trench Protection System - 554 L.F. @ $1.55/L.F 858.70 P -38. Traffic Control - 1 L.S. @ $11,625.00,L.S. 11,625.00 P -39. DBL 4" Solid Yellow CL, Thermoplastic - 323 L.F. @ $2.71 /L.F. 875.33 P -40. White Crosswalk Markings, Thermoplastic - 302 S.F. @ $6.20 /S.F. 1,872.40 P -41. 24" Solid White Stop Bar, Thermoplastic - 72 S.F. @ $12.40 /S.F. 892.80 P -42. Type I -C Raised Pavement Markers - 16 Ea. @ $12.40 /Ea. 198.40 B -40. Fire Hydrant Relocation -- 1 Ea. @ $7,742.75/Ea, 7,742.75 B. Add the following quantities to the bid items: B -2. 8" PVC Waterline - 892 L.F. @ $79.63/L F. 71,029.96 J \PROJECTS CO20031A03054 -01 (C) City of C C- Lindale Subdivision - Design Phase\05- CONTRACTS & CHANGE ORDERS12007 Change Ord$r #1 Attach.doc B -17 8" Gate Valve - 5 Ea. @ $1,137.60 /Ea. 5,688.00 B -19. 8" x 6" Reducer - 1 Ea. @ $227.52/Ea. 227.52 8-28. 8" x 6" Cross - 4 Ea. @ $497.70 Ea. 1,990.80 B -34. Fire Hydrant Assembly 3 Ea. @ $3,412.80/Ea. 10,238.40 B -35. Trench Safety Plan - 892 L.F. @ $1.42 /L.F 1,266.64 C. Delete the following quantities from the bid items: B -6. 6" D.I. Waterline - 125 L.F. @ $83.90 /L.F. 10,487.50 B -14. 6" Plug - 2 Ea. @ $184.86 /Ea. 369.72 B -18. 6" Gate Valve - 5 Ea. $711.00 /Ea. 3,555.00 B -23. 6" MJ Any Angle Bend - 14 Ea. @ $284.40/Ea. 3,981.60 B -27. 6" x 6" Tee - 1 Ea. @ $284.40/Ea. 284.40 B -29. 6" x 6" Cross - 3 Ea. @ $426.60/Ea. 1,279.80 B -32. 6" x 6" Tapping Sleeve & Valve - 2 Ea. @ $4,266.00/Ea. 8,532.00 Subtotal $289,790.04 $28,490.02 NET ADD 11..3Q0.02 J:\PROJTS CC\2003 ■A03054 -01 (C` City of C C Lindale Subdivision - Design Phase \05 - CONTRACTS & CHANGE ORDERS \2001 Change alder #1 Attach. doc Department of Engineering Services Change Order Summary Sheet April 10, 2007 PROJECT: Lindale /Chenoweth Subdivision Area Drainage Improvements, Phase 1 Part B (Project No. 2243) Neighborhood Street Reconstruction Cluster 6 (Project No. 6367) ADA Compliance - Alameda Street (Project No. 6392) APPROVED: City Council on 10/31/06- Motion No. 2006 -355 CONTRACTOR: SLC Construction, L.P. P.O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT $11,300,441.39 25% Limit Amount 2,825,110.35 Change Order No. 1 (04/10/07) 261, 300.02 Total 261,300.02 = 2.31% < 25% FIlHOME1Ra eIle1GENOtainage12243, 6367, 6392- Lindale\Construction \CO No 1\ Change Order Summary doc File . \ Mproject\ ouncil.xhibits \exh2243/6367.dwg PROJECT LOCATION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE LINDALEGHENOWETH UBDMSION DRAINAGE AREA IMPROVEMENTS, PHASE 1, PART B Milo. 2243 VICINITY MAP NOT TO SCALE EXHlI�IT 'C' (CHANGE ORDER NO. 1) LINDA CIIIENOWETN SUBDIVISION DRAIN- AGE. I ROVE NTS, PHASE 1,PART B (140P.MAN OREET BETA LANMIVEWAND ALM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 04 -03 -2007 \Mpro ect , councllexhibits \exh2243/6367.dwg CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE r VICINITY MAP NOT TO SCALE EXHIBIT 'C' (CHANGE ORDER NO. 1) LINDAL QWBTH SUBDIWSVON DRAIN - AGE AR MOROMMENTS, MUSE 1,PART B (TAN HVA $7 BETWEEN POWER sr. AND 9ELDEN sr.) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE 04/04/2007 ��+ 13 AGENDA MEMORANDUM SUBJECT: Texas International Boat Show DATE: April 10. 2007 AGENDA ITEM: Motion approving the application from MMJ Communication to temporarily close the following street sections, the Peoples Street T -Head and the entire Peoples Street T -Head water area as outlined below for the Texas International Boat Show, event to be held Thursday, April 26, 2007 through Sunday, April 29, 2007. 1. The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right -of -way of Starr Street, in order 10 facilitate the set up and tear down of the Texas International Boat Show beginning at 12:01 p.m. an Monday, April 23, 2007 until 6:00 p.m. on Monday, April 30, 2007. 2. This, includes the entire Peoples Street T Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point Of the Breakwater starting from the Peoples Street T -Head following west to an equal point on the saltwall wi line with Taylor Street and a point South on the Peoples Street T -Head South of dock E to a point on the Seawall in line with Schatzel Street. The Peoples Street T -Head water access area *suns is from April 24, 2007 at 6:00 am through April 30, 2007 at 6:00 a.m. ISSUE: Mr. Peter Bryant, President of MMJ Communications, has requested the temporary closure as outlined above be approved by the City Council for the 2007 Texas International Boat Show. REQUIRED COUNCIL ACTION: Street closing permits for large public events and closing of the wad access area requires City Council approval. RECGMMENDATION: Approval of the motion as presented. Si avt , Direcor . Park and Rec Add i l raoort Material 1. B ground Information "Exhibit A" 2. SitI Map "Exhibit B" 3. Street Closure Application "Exhibit C" TIBS 207 Street Closings Page 1 of 2 4 007 .69.p.- `Angel Escobar, P.E., Director of Engineering Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Pry nci ctiion: May 30, 2006, Ordinance No. 26806, City Council approved a lease with MMD ComCr nicadons Corporation that outlined the details and requirements associated with the Texas International Boat Show event. end Yormn: The Texas International Boat Show will take piece at the Corpus Christi Downtown Marina from April 26, 2007 through April 29, 2007, with up to 400 boats both in -water and on -shore ranging in size from 10' to 120' luxury yachts. Exhibits will include marine related products, recreational vehicles and a new and antique car expo. In addition, a static aircraft display at the Corpus Christi airport, will serve b make this event one of the largest and most exciting seen in Corpus Christi. Buyers from across Texas, the USA and Mexico, plus exhibitors from around the world, will combine to create a unique marketplace offering a relaxed and leisurely environment in which to meet during this four -day event. Already well known as one of the USA's largest buyers of boats of all shapes and sides, Texas is preparing to lure back to Corpus Christi more of the owners who presently sail out of the eastern and western seaboards. All traffic control measures have been agreed upon in accordance with the lease agreement. Traffic control devices and required security personnel will be in place to provide for the safety and transprtation needs of both pedestrians and vehicular traffic. Alfonso Campos, Head of the Marine Division for Texas Parks and Wildlife Department, was contacted for approval of the water area closure around the Peoples Street T -Head. Mr. Campos requiems a cx3py of the City Council meeting minutes approving the closure of the affected area. He will foI w up with a letter stating he has received notice of the proposed closure which is all that is needed to proceed. The key is that the City Council has approved the closure and notified the Texas Parks and Wildlife Department. Arrangpmerts have been made with the Regional Transportation Authority to provide Park and Ride service from remote parking sites to the event. In addition and in cooperation with the Buc Days event Organizers the Buc Days Celebration will also benefit from the transit services. There will be a regulay scheduled shuttle between remote parking and the two event sites. Traffic control has been coordiAated to facilitate and expedite the shuttle service. Mr. Peer Bryitt, President of MMJ Communications, has requested the subject temporary closures be approved by the City Council for the 2007 Texas International Boat Show. * * * * * * * t * * * * * TIBS 2007 Street Closings Page 2of2 Exhibit A SCALE: N.T.S. KEY SIDEWALK OPEN TO PEDESTRIANS TEMPORARY STREET & WATER CLOSURE 11 11 11 11"----11-._ 11 fi n 11 11 JI AA- , EXHISIT-B LOCATION MAP SUNECT: TEXAS INTERNATIONAL BOAT SHOW TEMPORARTY STREET & WATER CLOSURE MAW mar - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. glaw J all flail Mr. Ricardo Guzman, Traffic Engineer City of Corpus Christi Engineering Department/Traffic Engineering Division P.O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. Guzman The Texas International Boat Show will take place at the brand new section of the Corpus Christi Downtown Marina from April 26th through 29th, 2007 inclusive, with up to 400 boats both in -water and on -shore ranging in size from 10' to 120' luxury yachts. Exhibits which will include marine related products, recreational vehicles and a new and antique car expo, in addition to a static aircraft display at the Corpus Christi airport, will serve to make this event one of the largest and most exciting seen in Corpus Christi. The Show will commence with the elegant, invitation only, Mayor's Cocktail Party at the Art Museum of South Texas on Wednesday evening, 25th April. On Thursday, 26th April, at 11:00 a.m. there will be an official opening ceremony with the Mayor and dignitaries cutting the ribbon at the People's Street T -head. The Show will remain open until 7:00 p.m. that day. The hours on Friday, 27th April will be 11:00 a.m. until 8:00 p.m. On Saturday, 28th April, the Show will open at 10:00 a.m. and will close with a Ja77 Concert sponsored by Budweiser at 10:00 p.m. On Sunday, 29th April, the Show will be open from 11:00 a.m. until 6:00 p.m. The Texas International Boat Show respectfully requests a permit for temporarily closing the northbound lanes of East Shoreline Boulevard, from the north right -of -way of Schatzel Street to the south right -of -way of Star Street, in order to facilitate the set up and testr down of the Show. Timings would be from 12:01 p.m. on Monday, 23rd April, 2007, until 6:00 p.m. on Monday, 30th April, a period of eight (8) consecutive days as per the terms of the Lease between the City Of Corpus Christi and MMD Communications, Corp. For further information on the Texas International Boat Show please visit our website, www .texasintemationalboatshow.com or call locally (361) 808 -9892. i Ater Bryant, President Texas International Boat Show Exhibit "C" Bay Pointe, 618 L'S Highway 1, Suite 400, North Palm Beach, Florida 33408 • Ph: 561.842.8808 • Fax: 561.840.1323 400A North Shore'ine, Lawrence Street T -Head, Corpus Christi, Texas 78401 Europe: 90 Long lane, Rickmansworth, Herts. WD3 8YG, United Kingdom 4 TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS Name of Organization Sponsoring Event: 111 nil torvtwly n;Ca lops 2. Name of Proposed Event: Texas (n -i€r- n 1.+1 o ✓ict 1 60 0.f_ S v Da a of Planned Event: 4 (2r; ( 01(o "a. 9 oZ,Co 7 Lo c. Key Contact Individual: 1:024r1 Sam o Phone No. $dg,c��1 Z S reet ) Requested for Closure, Dates and Times of pay - DESCRIBE: ''''''-c.) /$usi -tZ .m. prig 3 - g5 IoM `�'c.S&& 4 -�b cf�r✓ 11or4 bou Shere�lu e ' 1 n u 6 1 `fit (cjip k S S + - r e cf 4- Kea. Silvio 42r i t 4 4- al . ( o • • A Iso Loo p.-r s ,_ Il u; 1. - h eaoj will Alen. 01. kGt�odS4' k �edllk. -iar -. . Purppse of Event and Detailed Description of Activities Planned: ji-) --fsn - wcc.-f rr bock+ Ke iv • a s o b a • c',1 44)4.4 .e-r ' cli o leant- 41 4 N -41.v..• ra,.�/ . /21/.!, 4v- v_iiiii i C-A- rS o A t p■Acclia,s ] 5 4or 1..1 r7-t . io (.. s pas 6, r /t ( 5 0. i r L V 6.-f-t . 64 lfr r4 0-Et - ^'t ..,--s 1 L 4.4, r •t o to, art . Fa. t k,", 51411e ThUrsa — S A., •..d , Am-) 4_ a-f1.ern tar, . F t _dr"A. /mss so Id 0. $ 7 l.i c- w e. A a.s, "ey.d o ✓s ltta- o•• t(e.t+„‘ o l t- I .eel List foods and beverages b ev erages to be served: 59e -r , 34-F4 drb ,. k.s . (v 01-e.. , ka kbuv5.er, �. t e,1 P V$, e v ) , i5 e e f k-6, 42S *-tv ,..%L k, -.p, T i ks it, f Js55 s) CU i cFPt 41 r , o i 6,r n Ci... t 9 pi Ave. t - 4 - 54.4- - c v , c. Services Requested by the City: >6 1-e d •e +-e -+-? 1 4. J. Pss , 6/f se C. uric), 1 Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event 10 Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11 Attach an official letter of transmittal requesting approval of the event. Permit to Close Street for Public Events 3 Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: AeLl Event Chairman /Organizer 14AS /fl1//o)taJ71.f Sponsoring Organization Date Submitted: ///17 INDEMNITY AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES § WHOREA", Section iii of said standards, entitled Procedure and Permit Reauirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemrdfying in the city against all claims or causes of action by reason of or arising from the doling or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmlegs and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of -Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for Bodily Injury and Property Dlrnage or as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Ineur*i on the policy. Evidence of required insurance coverage with be a Certificate of Insurance furnished to the Director of Engineering Services Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this / / date of c/6 L1 =�£i 2007 Permit Applicant 7 /h ler 4a/ &pie / �7LLJ Company Name Om a WOOD 1,11.1,0 0 Q c 4 6 3 '_ a a a - a '3 .9 _'r •y' 3 3•i: •L'a n M a 8. ? 3 3 .0 3 4.3, r a,a.s, :� I\ ra: IR aaaaaa> t�a�aaaaa :�s�sa�saaa�a�asw>t1x2x .1 �• ! a 1.1 i.ii•1- 13t3titli..t.t #3111111 -L1� Iii R�.� 0 Q m a i P-011 yQ 0 .�IIR61tf 1•.0.6 3 011. %. % * I I I I 1 10&ill'ill 1 0 1 fI 1 sl 1 0 ' 0 fi 1 t� t � tc: 41 41� a =� "g3 1 162.77 /R 4 16 11' • : - 8 : ° - ° E E - E E T 8 C T 396A'� 166.76', a i 3 k'als #II alE 196.26'± 4 Texas International Boat Show MMUS C'fiR1 11 DOUW LIMY MINA, ON OF CORPUS CHRIS! - '0145 APRIL - Z / 2007 14 AGENDA MEMORANDUM DATE: April 10, 2007 SUBJECT: Buccaneer Days 2007: Street Closings (69th Annual Buccaneer Days Camival, 6"' Annual Buc Days BBQ Challenge, and Rodeo Festival) AGENDA IAA: Motion approving the application from Buccaneer Commission to temporarily dose the faiowing street sections for the 69"' Annual Buccaneer Days Carnival and the 6"' Annual Buc Days BBQ Challenge and Rodeo Festival, April 25, 2007 through May 6, 2007. 1 The temporary street closures of both legs of Shoreline Boulevard, northbound and southbound from the north right of way line of Power Street to the South Texas Art Museum for the 6"' Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m. April 21, 2007 to 5:00 p.m. May 7, 2007 2 Additionally, Palo Alto and Fitzgerald Streets from Southbound Shoreline Boulevard to Water Street will require temporary closures for the annual Buc Days Rodeo, Buc Days Carnival, and BBQ Challenge beginning at 8:00 a.m. April 21, 2007 to 5:00 p.m. May 7, 2007. 3 In cooperation with the Texas Department of Transportation, North Broadway, including under US 181 Harbor Bridge, between Fitzgerald and Brewster Streets will require temporary closure for staging of professional rodeo cowboys truck/trailers beginning at 8:00 a.m. April 23, 2007 through 11:00 p.m. April 28, 2007. 4. Temporary street closure of Resaca Street from Water Street to Shoreline Blvd. beginning at 8:00a.m. April 21 2007 through 5:00 p.m. May 7, 2007 for the Buc Days Challenge, Carnival, and Rodeo. ISSUE: The Buccaneer Commission special event necessitates the temporary closure of several public streets. Events Manager, Jane Ritter has requested the above mentioned street section closures be approved by the City Council for the 69"' Annual Buccaneer Days Camival and the 6"' Annual Buc Days BBQ Challenge and Rodeo Festival. REQUIRED COUNCIL ACTION: Street dosing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. FAIL 'Angel R. Escobar, P.E. Director of Engineering Services B round Information (EXHIBIT "A ") 2. Site Map (EXHIBIT "B ") 3. TxOOT Concurrence (EXHIBIT "C ") 4. Street Closure Application (EXHIBIT "D ") BUC Bays 2007 Festival Street Closings Page t of 2 S'A7 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Prior %onc n: In the past Buc Days Camival, Rodeo and BBQ festivals were held in and arour the orial Coliseum requiring no street closures thus no special event permit was issued, subsetruentri City Council approval was not necessary. At a result of Coliseum conflict usage for the Rodeo Evert, this and last year's Buc Days Camival, BBQ Challenge and Rodeo Festival has been relocated to the area south of the American Bank Center Arena. Backorpind Wormation: Ms. Jane Ritter, Events and Volunteer Manager, has requested temporary street closures for the 2007 Buc Days Camival, BBQ Challenge and Rodeo Festival. Ms. Ritter requeelts the subject streets be closed beginning April 21, 2007 to allow for preparatory work such as installing food booths, security fencing and electrical work. The Buc Days Rodeo event will be hosted inside the American Bank Arena while the BBQ Challenge will be staged just outside its entrance doors on Shoreline Boulevard and the Barge Dock from Wednesday, April 25, 2007 through Saturday, April 28, 2007. The 6911 Buccaneer Days Camival will be setup between Water Street and Shoreline Blvd. from Power Street to Resaca April 25, through May 7, 2007. Letters of approval from property owners adjacent to the street closures have been received and arrangements have been made to coordinate operations with all other events at the American Bank Centel and surrounding businesses. Traffiocontrel devices and required security personnel will be in place to provide for the safety and transportation needs of both pedestrians and vehicular traffic. Arrangements have been made with the Regional Transportation Authority to provide Park and Ride service from remote parking sites. In cooperation with the Texas International Boat Show event organizers, the Boat Show will also benefit from the trart services. There will be a regularly scheduled shuttle between remote parking and the two event sites, Traffic control has been coordinated to facilitate and expedite the shuttle services. * * * * * * * * * * * * * BUC Days 2007 Festival Street Closings Page 2of2 EXHIBIT "A" N SCALE: 1 "= 350' MUSEUM TRUCK AND TAILER PARKING EA HEATER CONVENTION CENTER HUGHES AMERICAN BANK ARENA r7 RESACA ST ITZGERALD w 0 0 l PALO ALTO POWER ST. KEY BUC DAYS RODEO BBQ CHALLENGE EVENT SITE IZZZ - STREET CLOSURE EXHIBIT "B" SU)ECT: STREET CLOSURES BUC DAYS BBQ CHALLENGE & RODEO FESTIVAL - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. i\p (4 -07 0 46F )14. Ar Texas Department of Transportation PO BOx 9907 • CORPUS CHRISTI TEXAS 78469 -9907 • (361) 808 -2300 January 5, 2007 Corpus Christi District RE: t ;sink; TxDOT ROW Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, "Texas 78463 Alin vls. Ja_nc Ritter Dar Ms. Ritter in accordance with your letter of December 1, 2006, the Texas Department of Transportation offers no objection for your group's use of State right-of-way on US 181 order thc Harbor Bridge between Broadway St. and Hughes St. for parking during the period of April 23 through April 28, 2007. You are hereby advised that the use of right - of-way will be at your own risk and that the Texas Department of Transportation does not assume liability for injuries or damages to person or property arising from the use of said State right -ofway. You arc also advised that a TxDO'I' contractor painting Ole 1larbor Bridge is will i.ing the right -of -way adjacent to your requested area. Part of the area in question is not paved. Please he advised that your organization will be responsible to insure thc right -of -way is let in its original condition, free of litter and ruts. Please contact Mr. George Jones, TxDOT contract inspector at (361) 808 -2223 prior to your setup_ It will also be your responsibility to coordinate with the necessary law enforcement agencies as necessary and provide all traffic control accordingly. Victor Pinon, Jr'., P.L. Director of Maintenance it Sang cc; Mr. Joc Clayton, P.L. Mr, Martin Iforst. P, F Mr. Jim.ti.nnirt.s Mr (;cu1 e Jones Exhibit "C" P. 02 Jan i 07 C.31 : 1 3P TRAFFIC ENGINEERING DIVISION DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLPIC EVENTS P.06 1 Name of Organization Sponsoring Event: LLt CC.Q (€ ( _ _ 2 Narne of Proposed Event: Date of Planned Event 4 Key Contact Individual 36.,x1 + . ► W er • Phone No, 5 Stret(s) Requested for Closure, Dates and Times of Day - DESCRIBE: 6 Putet ose of Event and Detailed Description of Activities Planned: List foods and beverages to be served. Services Requested by the City: • 1 Attach a diagram illustrating in detail the Iocation of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10 Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20188). 11 Attach an official letter of transmittal requesting approval of the event. Exhibit "D" Perri* to Close Street for Public Events 2 In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E.* Completion of Indemnification Agreement; F Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. Written approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the managing tenants or, if the property is vacant, managing property owners of the property abutting that portion of the street to be closed to vehicular traffic; and (ii) for the Downtown Management District only (bounded by Lower Broadway, interstate 37, Shoreline Boulevard (including the marina areas, and Kinney Street), ninety (90%) percent of the managing tenants, or, if the property is vacant, managing property ours of the property abutting that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facilities to accommodate the anticipated public; * Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; 1 All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way; R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T Allow for the free passage of emergency vehicles into event area in case of emergency; U Carnival -type rides will not be permitted. ✓ Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Jan 15-07 :13P P.07 Permit to Close Street for Public Events 3 Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: Chairman /Organizer Sponsoring Organization r Date Submitted: /// 007 0%4 = a. =B. a 213 aims It is that time of year again; the Buccaneer Commission will once again be holding the oldest Corpus Christi family tradition on the Bayfront, the 69`b Annual Buc Days. In the spirit of helping Corpus Christi grow through our annual scholarship programs, the Bucaraders would like your permission to have a part of their event, as they have for so many years in the past, in front or near your establishment.. Please find below a Roc Days Event schedule of the 69`k Buc Days events for 2007, and street closures for Buc Days. Please review and let me know if there are any changes, or if this meets your approval. I need a response as soon as possible, please, so that I can prepare for the meeting next week. Thank you so much for your time, Jane Ritter Event Manager Buc Days Jane(tucdays.com BUC DAYS EVENTS 2007 BBQ Challenge: • Set -up dates needed -- 1 _ Site fencing will go up — Wednesday, Thursday & Friday, April 18 -20, 2007 2. All major Street Fencing Gates will remain open, Wed, Thurs, Fri, April 18 -20. On Saturday, April 21st, gates will be secured at 8 am. 3. Site tear -down will begin Sunday, May 6th through Monday, May 7th On Monday, May 7th at 5 pm, the gates will be reopened to traffic. • Actual Event Dates — April 25th through May 6th • Hours — 5 pm to midnight during weekdays, Noon to midnight on Saturday • Street Closures — Begin at 8 am on Saturday, April 21st to Monday, May 7th at 5 pm • Area needed — from Shoreline Blvd, Power St, to Art Museum of South Texas, involves Power, Palo Alto, Fitzgerald, Resaca, Barge Dock, and Water Street • Emergency firelanes will be on all streets. • Gates will be at every street entrance to allow Emergency Access. Buc Days Rodeo: • Runs same time as BBQ Challenge in American Bank Center Arena • Would like to use area between Mesquite and Broadway, Fitzgerald and Hughes for Cowboy Holding Area as in 2006. Land is controlled by Park & Rec. Buc Days School Daze: • Arts, Education and Fun • Dates will be Monday, April 30th, 2007 through May 4, 2007 • Hours will be from 9 AM to 2 PM for schools only • Open to the public from 5 prn to midnight during weekdays, Noon to midnight on Saturday • Street Closures — Begin at 8 am on Saturday, April 21st to Monday, May 7th at 5 pm • Area needed — from Shoreline Blvd, Power St, to Art Museum of South Texas, involves Power, Palo Alto, Fitzgerald, Resaca, Barge Dock, Water Street as in 2006. Buc Days Cinco De Mayo: • Dates will be Saturday May 5th, and Sunday, May 6th' 2007. • Hours will be from 5 pm to midnight during weekdays, Noon to midnight on Saturday Street Closures — Begin at 8 am on Saturday, April 21st to Monday, May 7th at 5 pm • Buc Days Cinco De Mayo will be in conjunction with the Buc Days Family Arts and Education. • Site will be from Resaca to the Art Museum along Shoreline Blvd and the Barge Dock Buc Days Music & Fire: April 28' 2007 • In conjunction with dunking of Mayor at 9 pm. • In conjunction with the Carnival Buc Days Carnival: • Dates — April 25 to May 7th • Set -up dates needed — Same as Buc Days BBQ and Rodeo o Site fencing will go up — Wednesday, Thursday & Friday, April 18 -20, 2007 o All major Street Fencing Gates will remain open, Wed, Thurs, Fri, April 18 -20. On Saturday, April 21st, gates will be secured at 8 am. o Site tear -down will begin Sunday, May 6th through Monday, May 7th On Monday, May 7th at 5 pm, the gates will be reopened to traffic. • Actual Event Dates — April 25" through May 6th • Hours — 5 pm to midnight during weekdays, Noon to midnight on Saturday 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 10. 2007 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute a lease agreement with the I uccaneer Commission, Inc. ( "Commission ") for 2007 Buccaneer Days Festival and related acuities to allow use of Shoreline Blvd. from Power Street North up to and inching Barge Dock area, and additional lots bounded by S. Shoreline, Fitzgerald, Water and Palo Alto Streets and additional lot bounded by S. Shoreline, Fitzgerald, Water and Resaca Streets; during April 18 through May 11, 2007, provide for Commission paying 50% police overtime and 100% all other City costs and provide for reduced temporary food vendor permit fees of $35 for 2007 Buccaneer Days Festival; and declaring an emergency. ISSUE: Council is requested to approve the date, location and consideration for the 2007 Buccaneer Days Festival and related activities. Authorization of temporary food vendor permit fees also requested for approval by Council. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with public events. PREVIOUS COUNCIL ACTION: City Council approved the 2006 Buccaneer Days Festival lease agreement for the annual festival and related activities. CON ICLU$ION AND RECOMMENDATION: Staff recommends approval of this ordinance. Sally G Parks Attachments: Lease agreement ik, Director d Recreation Department ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ("COIhr ISSION ") FOR 2007 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES TO ALLOW USE OF SHORELINE BLVD. FROM POWER STREET NORTH UP TO AND INCLUDING BARGE DOCK AREA, AND ADDITIONAL LOTS BOUNDED BY S. SHORELINE, FITZGERALD, WATER ACID PALO ALTO STREETS AND ADDITIONAL LOT BOUNDED BY S. SHORELINE, FITZGERALD, WATER AND RESACA STREETS; DURING APRIL 18 THROUGH MAY 11, 2007, PROVIDE FOR COMMISSION PAYING 58% POLICE OVERTIME AND 100 % ALL OTHER CITY COSTS AND PROVIDE FOR REDUCED TEMPORARY FOOD VENDOR PERMIT FEES OF $85 FOR 2007 BUCCANEER DAYS FESTIVAL; AND DECLARING 1341ERGENCY. BE IT OPDAWNED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2007 Buccaneer Days Festival and related activities. A copy of the lease agreement in substantial form is attached as an exhibit The Agreement provides for use of Shoreline Blvd. from Power Street north up to and including the Barge Dock area, during period of April 18, through May 11, 2007, and other areas, all as described in the Lease agreement. The Agreement also provides for Commission paying 50% of police overtime costs and 100% all other city costs. The Agreement also provides for reduction in temporary food vendor permit fees to $35 for 2007 Buccaneer Days Festival. 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) suspend 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 10th day of April, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: April 5, 2007 By: 0C sot Lisa Aguilar Assistar* City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas day of 2007 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott BUC DAYS SHORT TERM 2007 LEASE AGREEMENT State of Texas § County of Nueces § This short term Lease Agreement ( "Lease Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a Texm non - profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. Page 1 of 23 Know All By These Presents: 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non -profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ( "Buc Days ") and related activities sponsored by the Commission including camival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. Pope Chief - means the City's Police Chief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Ethibits Al and A2. k. Projects — Seawall repairs and renovations. The Projects will affect parking, sheets, and Premises identified in this Lease. I. Risk Manager - means the City's Director of Risk Management or designee. )64 ( ( -r- C ':Documents and Settir s \IisaA \My Documents\Bucoays.2007.Shor Term Lease.doc Page 2 of 23 m. City Secretary — means the City Secretary or designee 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Comntbssion will be entitled to non - exclusive use (for purposes of set -up and take -own) and exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to the Commission the privilege of using the following described City property to conduct its annual Buccaneer Days Festival for the exclusive and non-exclusive uses dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Challenge: Premises are described in Exhibit Al. Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. C. For the Buc Days Camival, Premises are described in Exhibit A2. Area is located on those paved areas bounded by the interior of the east curb line of N. Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the south by the north curb line of Power Street and on the north by the north curb line of Resaca Street. Camival area also includes lot bounded by S. Shoreline Drive, Fitzgerald, Water Street, and Palo Alto. Camival area also includes use of unoccupied portions of block bounded by S. Shoreline Drive, Fitzgerald, Water and Resaca. D. For the Buc Days Family Arts and Education Area: Premises are described in Exhibit Al . Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to but not including the Barge Dock area located near Art Museum of South Texas. E. If any of the desired Premises include use of the American Bank Arena Area ( "Arena Area ") described herein, Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. The Arena Area is described as follows: Those paved areas bounded by the interior of the east curb line of N. Shoreline Drive and the west curb line of S. Shoreline Drive and bounded on the south by the north curb line of Power Street and on the north by the north curb line of Resaca Street, and to end of Shoreline Drive tumaround area and Barge Dock, including sidewalk area of the seawall; those paved areas of Palo Alto Street bounded by N. Shoreline Drive and N. Water Street; and those paved areas of Fitzgerald Street bounded by N. Shoreline Drive and N. Water Street. F. For the Buc Days Lighted Parade on May 5, 2007: Parade begins at Buc Stadium, goes down Leopard, to Schatzel; tums right off Lawrence, goes south on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on C:\Documents and Sett gs11isaAlMy Documents\BucDays.2007.Short Term lease.doc Page 3 of 23 southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. G. For the Junior Parade on April 28, 2007: Parade begins in Heritage Park, starting at Brewster at N. Tancahua, south down N. Tancahua to Belden, left on Belden to to Mesquite; north on Mesquite to Brewester. Breakup area is in the Brewster, N. Tancahua area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. H. For the Buc Days Lighted Parade, Commission has exclusive use of the parking lot located south of Memorial Coliseum, on May 5, 2007, for the times of 8:00 A.M. to Midnight, to serve as secured parade breakup area. 1. Landscaped areas within the Premises must be protected during the Event. J. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Requests by the Commission for use of additional City -owned areas require prior written approval from the Parks Director. No cone ssion stand, ride, vehicular parking, or other apparatus connected with Commission may use the grassed or shrubbed areas, including the newly landscaped median, in front of the Arena. In addition, no structures, scaffolding, bleachers or vehicles are permitted on the Seawall without prior written permission from the Parks Director. Repak -s to the seawall may significantly impact and change the Premises (Exhibits Al and A2) and other parts of this lease (see Section 8). If Exhibits Al and A2 are revisid, new Exhibits Al and A2 will be executed by the City Manager and ComMission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibits Al and A2. New Exhibits Al and A2 become effec*ve upon filing with the City Secretary. 5. Event Layout Diagram (Exhibit C, preliminary, attached). The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all rested activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Streciat Event Fee. The Commission must pay City a one -time Special Event Perm fee of $100 under City ordinance. 7. PPymnt of City Costs. In consideration for the use of City property the Corroinisskon will pay the City within 60 days after the Event ends each year the actual cost incurred for services rendered, including any other City services provided by depatmerts other than Parks & Recreation and Police, less any amount(s) that the Com nisslon has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by C',Documents and Settings\lisaA \My Documents\BucDays.2007 Short Term Lease.doc Page 4 of 23 Parks Director within twenty (20) calendar days of Commission's receipt of City invoice . Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping and repair categories). Upon receipt of written request of the Con*inissen's Agent, the Parks Director will fumish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity that eliminates the Event or that reduces attendance at the Event by rrore than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to. 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. Commission may repair damages within 3 days. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned. For the 2007 Event, Commission shall be responsible for 100% of all non - police City Direct Costs, and 50% of police overtime. For future years Commission will be responsible for 100% of all City non - police Direct Costs. 4. Costs of additional directional signage, barricades, and cones are Commission's responsibility (see Sections 13 and 14) as well as any other services requested by Commission's Agent and provided by City. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit E are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. That Exhibit shall be attached as Exhibit F. Notwithstanding the cost shown in Exhibit F, Commission shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit F. :\Documents and Set#ngsl isaA \My Documents\ BucDays .2007.Short.Term.Lease.doc Page 5 of 23 C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibits Al and A2 need to be revised by the Parks Director and Commission. If revised, new Exhibits Al and A2 will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. 9. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Dfrector of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 810 -3461 FAX (361) 880 -3864 If to Commission: Executive Director The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78401 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary Street Closures (Exhibit D, attached). The street closure process will govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure not later than March 1, 2007. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -1$, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. C',Documents and SettinesllisaAlUy Documents\BucDays.2007.Shor Term Lease.doc Page 6 of 23 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps (Exhibits Al and A2). In addition, the Commission will provide no more than 5 parking passes for City personnel scheduled to work during the aual Event and related activities. 13. $arricades, Traffic Signs. The Commission must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractionslfacilities affected by any street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. The Commission must pay the cost of additional signage. 14. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre - approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adecate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. 16. Insurance. Commission's Agent must fumish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, camival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also fumish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liabilty policies. Commission must fumish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year, Corrilmission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must fumish the Risk Manager with copies of all C:\Documents and SetOngslisaiWAy Documents\BucDays.2007 Shon Term L.ease.doc Page 7 of 23 reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non- renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 17. Indemnity. Commission shall indemnify and hold City, its offlers, agents and employees ( "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 injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by firl act or omission, negligence, or misconduct on the part of the Indrnnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "lndemnitors ") entering upon the Premises pursuer* to this Commission Lease Agreement, to use the Premises andthose portions of Shoreline and streets that are closed to set -up ancttake -down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, on the Premises, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the viotion by Indemnitees or lndemnitors of any law, ordinance, or govvrnn sntal order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees or lndemnitors, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, nealgense, or misconduct on the part of the lndemnitors in adninising parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or c oncusrent negligence of lndemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of lodemnitees. C:\ Documents and Settir s\IisaA \My Documents \BucDays.2007,Short Term.Lease.doc Page 8 of 23 Coniimissbn covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Damages to City Property. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event. Commission will restore all items on the punchlist within 3 days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as set out in Section 7 above. Connission or its agent must fill and compact all holes in grassy areas made by Commission or any entity or person participating in the Event. Parks Director must approve fihl material. Any subsidence within the Premises must be additionally filled by Commission or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other charges in the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. For 2007 Event, the temporary food service establishment permit fee is $35 per vendor. For future evetfs, tits temporary food service establishment permit fees shall be those established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must fumish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be fumished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other perroits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 21.1. Parade Vendors C \Documents and Set*gs\IisaAlMy Documents \BucDays.2007 Shur+ Term Lease.doc Page 9 of 23 A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Sections 38 -6 and 38 -17 (b) of the City Code of Ordinances, copy attached as Exhibit G, and Chapter 38 of the City Code of Ordinances, copy, attached. as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Coaenission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commiesion may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. Stationary vending booths at City- approved locations may be placed no earlier than 36 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. C:\Documents and SettlnptllisaAlMy Documents \BucDays.2007.Short Term.Lease.doc Page 10 of 23 J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City- approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.2 Parade Viewing Area Permits For City Property Along Parade Route For Rend to General Public A. Commission or Its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by Upper Broadway to Shoreline Blvd to American Bank Center, Power Street to Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave. (1) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." S. Cmnmission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. \Documents and SetlingstlisaA1My Documents\ BucDays .2007.Shon.Term.Lease.doc Page 11 of 23 D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Conwnisslon may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be property deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must instaq screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non - exclusive use period after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direc$on of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parke Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. City does not provide electrical service on the Prerrtses. A Temporary Promotional Event Permit from the City Building Inspection Depattment is required in order to install electrical service for the Event. Further, a Certii sate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Everit begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape C:\Documents and Settin¢1lisaA\My DocumentslBucDays.2007.Short Term.Lease.doc Page 12 of 23 markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispubs Resolution, City and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the (qty Council will be final. Upon a resolution of the dispute, either by agreement of the prties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission's Agent must at all times during the Evert and the non - exclusive use period, maintain emergency vehicle lanes upon the Prer> ises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. Corntniss on must, at all times it is in exclusive use of the Premises, provide driveway access for trucks and emergency equipment to the service entrance of the Coliseum by keeping the driveways open and unoccupied by structures or automotive equipment. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel agaithst City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained withk this Lease Agreement. C \Documents and Settings \iisaAMAy Documents\BucDays.2007.Short Term Lease.doc Page 13 of 23 32. Not Partnership or Joint Venture. This Lease Agreement may not be constirued or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibikty for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as descNibed herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost, 35. Non-discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invite*, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six -foot (6') chain link fence, with gatesfor access, as shown on Exhibits Al and A2, attached and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibits Al and A2 may be revised to enlarge or decrease the fenced area in accordance with the Comiloissi+on's needs upon Parks Director's concurrence. If Exhibits Al and A2 are revised, new Exhibits Al and A2 will be filed with the City Secretary and supersede the existing Exhibits Al and A2. The new Exhibits Al and A2 become effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertAinment. 38. $ ecurity. Commission must provide uniformed Security Officers during the Event, and, after the Evert closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means swom peace officers direct* paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the C: \Documents and Settings IisaA\My Documents\BucDays.2007.Short Term.Lease.doc Page 14 of 23 Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. C:1Documents and Setfjpgs\lisaAtMy Documents'BucDays.2007.Short Term Lease.doc Page 15 of 23 Executed In Duplicate Originals on , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legs! Form Approved 2 January 2007 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES George K. Noe City Manager ACKNOWLEDGMENT This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home -rule Municipal Corporation, on behalf of the corporation. Notary Public, State of Texas Printed Name: Seal: Expiration Date: C:' Documents and Settinrs\lisaA \My Documents\BucDays.2007.Short Term.Lease.doc THE BUCCANEER COMMISSION, INC. By: Barry Box Executive Director Date: ACKNOWLEDGMENT STALE OF TEXAS COU iTY OF NUECES Page 16 of 23 This instrument was acknowledged before me on , 2007 by Barry Box, Executive Officer for The Buccaneer Commission, Inc., a Texas non - profit corporation, on behalf of The Buccaneer Commission, Inc. Notary Public, State of Texas Printd Name: Seal: Expiration Date: C:\Documents and Setyngs \IisaAAMy Documents \ BucDays .2007.Short.Term.Lease.doc Page 17 of 23 EXHIBIT Al- BBQ CHALLENGE AREA EXHIBIT A2 — CARNIVAL AREA C: Documents and Settir s \IisaA \My Documents \BucDays.2007.Short Term.Lease.doc Page 18 of 23 EXHIBIT B 2007 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Next to BBQ Challenge, along Shoreline from Power St. to Resaca NONEXCLUSIVE EXCLUSIVE April 18, 2007 thru April 24, 2007 April 25, 2007 thru May 6 2007 & May 7, 2007 thru May 11, 2007 Buc Days BBQ Challenge Just outside American Bank Center, from Resaca to Barge Dock NOP4EXCLUSIVE EXCLUSIVE April 18, 2007 thru April 24, 2007 April 25, 2007 thru April 28, 2007 & April 29 thru April 30. 2007 Buc Days Pro Rodeo American Bank Center Arena NOIEXCLUSIVE EXCLUSIVE Apri2, 2007 thru April 23, 2007 April 24, 2007 to April 28, 2007 April 29 through April 30, 2007 (Buc Days shall contract directly with third party arena management company for use of American Bank Center Area.) Buc Days Family Arts & Educational Area Just outside American Bank Center, from Resaca to Barge Dock (does not inclUde Barge Dock area) NOII- EXCLUSIVE EXCLUSIVE May 7, 2007 through May 8, 2007 April 29, 2007 to May 6, 2007 C: \Documents and Setitngs \isaMMy Documents \BucDays.2007.Short.Term Lease.doc Exhibit B Buc Days 2007 Buc Days Pro Rodeo American Bank Center Arena April 25-28, 2007 2006 Attendance: 17,142 Page 19 of 23 Buc Days BBQ Challenge Just outside American Bank Center, from Resaca to the Barge Dock April 25 -28, 2007 2006 Attendance: approximately 15,000 Buc Days Carnival Next to BBQ Challenge, along Shoreline April 25 -May 6, 2007 2006 Attendance: 40,814 Buc Days Jr. Parade April 28, 2007 2006 Attendance: Approximately 20,000 spectators Buc Days Illuminated Night Parade May 5, 2007 2006 Attendance: Approximately 150,000 spectators Buc Days Competencia Folklorica Del Mar At Selena Auditorium April 19 -21, 2007 2006 Attendance: Approximately 2,000 spectators 2006 Buc Days Attendance: Approximately 244,956 CaDocuments and Settiirfts\lisaA \My Documents \BucDays.2007.Shon Term.Lease.doc Page 20 of 23 EXHIBIT C - Event Layout Diagram EXHIBIT D - TEMPORARY STREET CLOSURES EXHIBIT E - ESTIMATES OF RATES AND COSTS FOR CITY SERVICES EXHIBIT F - COST ESTIMATE C \Documents and Set* gs\IisaAlMy Documents\BucDays.2007 Shon Term Lease.doc Page 21 of 23 EXHIBIT G PARADE VENDOR REQUIREMENTS Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certi$cate and /or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit applation is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card- required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contactor, franchisee or otherwise for other business purposes, and the applicant shall for aN purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for C: Documents and Settings\IisaAlMly Documents \BucDays.2007.Short Term.Lease.doc Page 22 of 23 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38 -17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1,4-9 -1985) Sec. 38 -7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) \iendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may gram a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his C \Documents and Settkttgs\IisaAlMy Documents \BucDays.2007 Short Term Lease.doc Page 23 of 23 detefrnination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. c Parade vendor permits shall be issued for the period specified in this section only and tie fee therefor shall be ten dollars ($10.00) for each vendor and /or vending unit, which fee shall be in lieu of the permit fee established for vendors in section 38 -9 of this article. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (800) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evklenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4- 9- 1985 Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3 -2 -2004) C:\Documents and SettinpAlisaA \My Documents\BucDays.2007.Short Term.Lease.doc 16 CITY COUNCIL AGENDA MEMORANDUM March 27, 2007 AGEN$A ITEMS: (A) Pubiic Hearing regarding the Corpus Christi International Airport Master Plan Update (B) Ordnance adopting the Corpus Christi International Airport Master Plan Update as an element of the Comprehensive Plan of the City of Corpus Christi; and providing for publication. ISSUE: The Cry Charter requires the establishment of a comprehensive plan governing overall development. The City's overall comprehensive plan consists of various master plans including the Airport Master Plan. In addition, the Federal Aviation Administration (FAA) requires airports to have an approved master plan to provide development guidelines for future growth and accordingly funded 95% of the Plan costs. The 2007 update requires City Council review and approval. BACIIG ROM D The current Airport Master Plan was adopted in 1999. The goal of the master planning process for the airport is to provide general facility development guidelines that will satisfy aviation demand while r$mairng compatible with the environment, community and other modes of transportation. This Master Plan Update for Corpus Christi International Airport will help prepare for projected growth in operations and total enplanements by providing a flexible tool that can be modified to respond to changes in the Airport's growth over the over a 20 -year planning horizon. Master planning process involves the following steps: • Inventory • Activity Forecasts • Facility Requirements /Demand Capacity • Alternatives • Preferred Altemative • Capital Plan • Airport Layout Plan REQRED COUNCIL ACTION Adoptkn of the Ordinance approving the Airport Master Plan 2007 Update as submitted. BOAT A$D COMMISSION RECOMMENDATION: The Airport Board has reviewed the Mast°t Plan and the Planning Commission approved t► updated Plan at its March 21, 2007 Meeting. &Dave Hamrick Director of Aviation BACKGROUND INFORMATION The City Charter requires City Council to establish comprehensive planning to guide, regulate, and manage future development and redevelopment within the corporate limits and a *raterrltorial jurisdiction of the city thus assuring the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. The comprehensive plan contains the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, orfor portions thereof, including neighborhood, community and, area -wide plans The comprehensive plan includes a transportation element which includes the Airport Master Plan Update. MAJOR DIFFERENCES BETWEEN THE CURRENT AND PAST MASTER PLANS The primary differences between this current master plan and past master plans is the delay in the development of the parallel runway 13R-31L to beyond the 20 -year develccmerfl period of this master plan update. The reason is the aircraft traffic growth that would have demanded a parallel runway is now not predicted to materialize until sometime in the future past the year 2025 when additional airfield capacity will be needed. However, should the traffic demand occur anytime prior to 2025, the parallel runway is retained on the current airport layout plan to allow its implementation when required. The current two runways 13 -31 and 17 -35 together with the recommended extensions will adequately serve CCIA for the foreseeable future. Passenger enplanement levels are not projected to increase at levels previously anticipated due to significant problems affecting the airline industry and worldwide aviation security concerns. Therefore, the current terminal facilities with periodic upgrades will serve adequately the needs of CCIA for the foreseeable future. AIRPORT ACTIVITY FORECASTS The process of master planning, as required by the FAA, takes place over several years. The forecast was prepared and completed in 2004 using the last full year (2003) as the "base year. The forecast was approved by the FAA in 2005 for use in this Master Plan Update. However, in the case of CCIA, the year of 2003 turned out to be the end of nine consecutive years of annual passenger traffic decline. CCIA's Master Plan Update is focused on the Tong -term facility needs and the near -term demands, not the specific activity in any given year. The passenger forecast overall predicts growth of passengers and the Master Plan Update indicates the facility needs to accomrnodate that growth. FACILITY REQUIREMENTS The facility requirements portion of the Master Plan Update presents an analysis of the capacities and conditions of the Airport's airside and Iandside facilities when challenged by forecast demand levels. Facility requirements were identified so the Airport can accommodate future demand at acceptable levels of delay. An important goal for the Airport is to maintain effective operational balance between the various airport functional elements. Using Planning Activity Levels, or PALs, to determine the need for enhancements to various system elements will allow the Airport to plan in a timely manner to meet demand and provide the necessary facility requirements. PALs can also be referred to as short-term planning goals (PAL 1), medium -term planning goals (PAL 2), and long -term planning goals (PAL 3). Using PALs allows the master planning process to be responsive to the overall trends without specifying the exact year in which the PALs might occur. Future requirements for airport facilities are tied to future growth in the specific demand that "triggers" the requirement for expanding or upgrading specific facilities at the airport and not to a specific future year. PAL 1 -- E*ension of Runway 13 -31 — Additional checked baggage security screening — Acklitional walk -thru metal detector and X -ray machine (to 2 lanes) — Added rental car ready /return spaces — Added general aviation storage hangars — AFF improvements PAL Y — Extension of Runway 17 -35 — Additional ticket counter positions — Additional walk -thru metal detector and X -ray machine (to 3 lanes) — Added baggage claim area Added rental car ready/return spaces - Added GA storage hangars PAL 3 — Additional ticket counter positions — Additional concessions —Aged baggage claim area - -Aced rental car readytreturn spaces — Additional jet fuel storage — Additional air cargo facilities and apron AIRFIELD ALTERNATIVES ANALYSIS In order to best meet the Airport's needs, the airfield alternatives were identified and studies according to short -term and long -term requirements. The alternatives were screened to determine if they met the goals and objectives of the Master Plan Update. Following the screening, an additional analysis was conducted using criteria developed from the following categories; operational, financial, and environmental. In the short-term, an increase in runway length to 9,000 feet is recommended to meet aircraft takeoff requirements during hot day weather conditions. This can best be accomplished by extending Runway 13 -31. For the Tong -term, an effective backup runway is needed because the length of Runway 17-35 is insufficient to meet airline needs so Runway 17 -35 should be extended to 7,500 feet. RECOIAMEIDED DEVELOPMENT PLAN The preceding evaluations established the preferred alternative for improving airside and landside facilities at CCIA to accommodate the growth in passengers and aircraft operations that is likely to occur over the planning period. These facilities recommendations for improving and expanding form the preferred Airport's development altemative : Airfield In the short-term time frame of PAL 1, Runway 13 -31 should be extended to 9,000 feet in length to meet aircraft takeoff requirements during hot day weather conditions. In PAL 2, the Master Plan Update recommends the extension of Runway 17 -35 to a full length of 7,500 feet so that it can effectively serve as a backup to Runway 13 -31. Drainage improvements on the airfield will be required to support both of these runway projects. Terminal With the re- construction of the Hayden W. Head Terminal, available terminal space exceeds current demand and provides efficiency in terms of component location, adjacency, and passenger service. However, future planning for the short-term (PAL 1), the medium -term (PAL 2), and the long -term (PAL 3), is included for a complete Master Plan Update. Many of the future requirements for the forecasted demand can be absorbed into the existing terminal. Minor improvements, such as additional rental car space and hold room improvements. may be required in the short -term (PAL 1) and the medium -term (PAL 2). The expansion needs for theterminal, such as extending the concourse and expanding the baggage claim area, will not be required until the long -term (PAL 3) planning stage. Access and Parking CCIA's roadway system is excellent and can meet the PAL 3, long -term planning demand requirements. No further circulation improvements are required within the planning period. An additional 130 long -term parking spaces and 75 covered parking spaces will be necessary beginning in PAL 2, with continued expansion in PAL 3. Cargo The demand for air cargo at CCIA is expected to increase significantly. Consequently, the preferred alternative designates new air cargo facilities and associated apron areas. The propo $ed additional cargo facilities are planned to be located in the northwest portion of the Airport. Aviation Support Facilities Support facilities requiring improvements or additions in order to meet the forecasted demand include the ARFF, fuel farms, general aviation aircraft storage areas, and helicopter takeoff and landing areas. The enhancements to the ARFF facility should be a PAL 1 priority. ComrnerciaiNndustrial Development There are currently four parcels of land located within Airport property that are potential future development sites • A commercial business park, currently known as Corpus Christi International Business Centre is proposed for Parcel A, located to the west of the Airport entrance. • Parc& B, located to the east of the Airport's entrance, is appropriate for a hotel and convenience store. • Parcel C is appropriate for a Tight industrial and commercial park. • Given its flight line location, Parcel D is appropriate for specialty cargo facilities or other uses requiring airside access. CAPITAL PLAN The total proposed Master Plan Update capital program is estimated to cost $76.9 million over 20 years. The principal projects are two runway extensions and related airfield development. All the proposed projects are based upon continued long -term growth in aviation activity. Analysis of the potential sources of capital funds for the Master Plan Update protects indicates that the money can be made available if demand warrants. FAA grants are the principal source of anticipated funding because most of the projects are currently eligible for 95 percent FAA funding. "Other /Private" funds come from tenants such as airlines, concessionaires and Fixed Base Operators. The source of the local or Airport share of these capital funds includes Passenger Facility Charges and operating revenue. Borrowing to pay for some or all of the projects is also an option. The financial impact on users (Le., airlines, general aviation, and cargo) will need to be calculated on an annual basis as projects are implemented. In general, the outlook is positive, and the airline cost per enplaned passenger should remain below $6.00 at the Airport. AN ORDINANCE ADOPTING THE CORPUS CHRISTI INTERNATIONAL AIRPORT MASTER PLAN UPDATE AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION. WHEREAS, the Corpus Christi International Airport Master Plan was originally adopted by motion M -11192 of the City Council on October 30, 1984; and WHEREAS, Master Plan Updates of the Corpus Christi International Airport were adopted as elements of the Comprehensive Plan of the City of Corpus Christi by Resolution 20932 on June 5,1990 and by Ordinance 23782 on September 28, 1999; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 21, 2007, during a meeting of the Planning Commission, and on Tuesday, March 27, 2007, during a meeting of the City Council, in the City 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 adoption of the Corpus Christi International Airport Master Plan Update, as an element of the Comprehensive Plan of the City of Corpus Christi would best serve the 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, THAT: SECTION 1. The Corpus Christi International Airport Master Plan Update, as submitted by Parsons Brinckerhoff, is adopted as an element of the Comprehensive Plan of the City of Corpus Christi. A copy of the Master Plan Update is on file with the City Secretary. SECTION 2. The Corpus Christi International Airport Master Plan Update, as submitted by Parsons Brinckerhoff, constitutes an amendment to the City's policies for growth, devebpment, and aesthetics for the area described by the Master Plan Update, which is located within the corporate limits of the City. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the for oing ordinance was read for the first time and passed to its second reading on this the of r1' , 2007 for the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia 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 of 2007, by the following vote: Henri Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this day of , 2007. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED AS TO FORM: March 22, 2007 Weedy E. Ogd Asstant City Attorney For City Attorney 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 10, 2007 AGIDA ITEM: Resolution approving amendments to the Corpus Christi Business and Job Development Corporation's (CCBJDC) Guidelines and Criteria for granting business incentives. ISSUE: After a review of the guidelines, key revisions were proposed to provide more flexibility in working with small business, provide funding for business incubator startup, support reeention of existing employers, and add additional requirements for primary employers requesting financial incentives. REQIUIRED COUNCIL ACTION: Approval of the amended CCBJDC guidelines. PREVIOUS COUNCIL ACTION: Resolution 025298 on May 13, 2003 approved the Corpus Christi Business and Job Development Corporation's guidelines and criteria for gran*Ing business incentives. July 27, 2004 - Resolution 025875 approving amendment to CBJDC's guidelines & criteria to chRnge the definition of "Small Business" from "a primary employer that employs 20 or less full time (2080 hour /year) permanent employees at the time of application" to "a primary employer that employs 49 or less full time (2080 hours /year) permanent employees at the time of the application." April 25, 2006 - Resolution 026757 approving amendment to CCBJDC's guidelines & critetra for granting business incentives to provide flexibility in the approval of incentives for capital investment/facilities and to include a definition of enterprise facilitation. CONCLUSION AND RECOMMENDATION: Approval of the amendments to the Corpus Christi Business and Job Development Corporation's Guidelines as approved by the Corpus Christi Business and Job development Corporation Board of Directors on April 2, 2007. Irma Caballero Director of Economic Development Attachments BACKGROUND INFORMATION Suniltnaryof Proposed Key Revisions to the 4A Guidelines: 1. A new category entitled "Small Business Primary Employer" has been added. This group is eligble for incentives similar to those available to large primary employers if at least 70% of their goods or services are sold to customers located more than 50 miles from the intersection of Staples and Leopard streets and who employ 49 or less full time permanent employees. In addition goods and or services must fall in specified NAICS Codes as shown in "r" definitions on page 3 of the guidelines. 2. A non primary small business employer will receive incentives as provided under the $200,000 cap which currently funds the ACCION program. Other incentives may be approved by the Board at their discretion under this category. 3. Funding is available for Business Incubator start up under the Small Business Incentives Authorized section on page 5. 4. Added language in several sections to address supporting the retention of existing primary employers. 5. On page 6, section (d) Wage Requirements, a matrix is included which specifies the incentive amount to be considered when determining the incentive to be paid for each job created. 6. In section 4, (f) primary employers who wish to qualify for incentives are now required to offer a health insurance program for employees during the term of the agreement. 7. A new section was added where are universal requirements are now included. These universal requirements include implementation of a project within 2 years from the date of the agreement, location or residency requirements, and the buy local provision. 8. In the section, "Due diligence Financial Review, requirements that need to be met by applicants are specified in section 8, (e). 9. In section 10, (c) the applicant, upon receipt of the final business incentives agreement, has 60 days to execute the agreement. 10. Tighter recapture language was added in section 11 (a) in the event of failure to comply with the Agreement requirements. 11. Employment verification must now be documented in the form of quarterly Texas Workforce Commission Payroll reports or other mutually acceptable employment and payroll report. (Section 11, (b) ) 12. Section 13 provides that the Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria when such alteration may be in the public interest and supports the purposes and goals of the Corporation. 1 RESOLUTION APPROVING AMENDMENTS TO THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, in Resolution 025298, the City Council approved the Corpus Christi Business and Job Development Corporation's Guidelines & Criteria for Granting Business Incentives; WHEREAS, on July 8, 2004, the Corpus Christi Business and Job Development Corporation Board of Directors approved amendment to its Guidelines & Criteria for Granlg Business Incentives to change definition of "Small Business" from "a primary employer that employs 20 or less full time (2,080 hours /year) permanent employees at the time of application" to "a primary employer that employs 49 or Tess full time (2,080 hoursfyear) permanent employees at the time of application "; WHEREAS, in Resolution 025875, the City Council approved the amendment to the Corpus Christi Business and Job Development Corporation's Guidelines & Criteria for Grang Business Incentives relating to the definition of "Small Business "; WHEREAS, the Corpus Christi Business and Job Development Corporation Board of Directors approved and recommended a further amendment to the Corporation's Guidelines & Criteria for Granting Business Incentives to remove the $5,000 per job limitation for "Maximum Value of Incentive for Capital Investment/Facilities" to allow greater flexibility in authorizing incentives to attract new and expanded businesses through Capital Investment/Facility Business Incentives and to include a definition of "Enterprise Facilitation "; and WHEREAS, the Corpus Christi Business and Job Development Corporation Board of Directors, on April 2, 2007, approved and recommended further amendments to the Corporation's Guidelines & Criteria for Granting Business Incentives to include restricting eligible activities, providing for small business primary employers, providing for incentives scaled on potential economic impact; and providing for flexibility to meet unforeseen opportunities. NOV NOV14 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves of the amendments to the Corpus Christi Job Development Corporation's Guidelines & Criteria ( "Guidelines ") as set forth in the revised Guidelines attached hereto. H \LEG -0IR \Shared \GaryS \agenda\200714 -10 \Res amending CCB and Job Deve Corp Guidelines070403.doc 2 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Assistant Secretary APPROVED: April 4, 2007. By: Smith Assistant City Attorney for City Attorney Henry Garrett Mayor H \ LEG DIR\ SharedlGaryS \agenda12007\4- 10\Res amending CCB and Job Deve Corp Guidelines070403.doc 3 CITY OF CORPUS CHRISTI, TEXAS BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long -term investment and the establishment of new jobs in Corpus Christi would enhance the City's economic base; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) has empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; and, WHEREAS, on November 5; 2002, residents of the City of Corpus Christi overwhelmingly passed Proposition 2: NEW AND EXPANDED BUSINESS ENTERPRISES which authorized the adopt on of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent (118th cent) to the imposed for 15 years; and, WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the fallowing Projects and no others. a) Education /Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section 4A board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; H \LEG -DIR\ Shared \GaryS\agenda1200 714 -1 0 \Res amending CCB and Job Deve Corp Guidelines070403.doc 4 IOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted Section 1. Definitions. "Act" means Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) (b) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (c) "Jasic Manufacturing 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. (d) "'card" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act ". (e) "Ousineas Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on -site business consulting, workshops, enterprise f*cilitation, and business management seminars. "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance ". (g) it " means the City of Corpus Christi, Texas. (h) " Corporation" means the City of Corpus Christi Business and Job Development Corporation tablished by "City" Resolution 024233. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "congrnic Life" means the number of years a property improvement is expected to be in service in a "facility" (k) "Executive Director means the chief executive officer for the "Corporation," or his/her designated representative. (I) ' xpar on" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity (m) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. H- 1EG -DIR\ Shared \GaryS\agenda\200714- 10\Res amending CCB and Job Deve Corp Guidelines070403.doc 5 " I loderrization" 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, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance" (o) "Iliew 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" or "program" subject to business incentives. If the "cility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. (q) "petrocmical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (r) "Primary Employer" means a business in which at least 70% of its predates goods and /or services are sold to customers that are located at-- least more than 50 miles from the irersen of Staples Street and Leopard Street and whose goods and /or services are in of a of fw following twq -digit NAICS codes 31 -33 Manufacturing; 42 Wholesale Trade: 48-49 T; ansp, Cation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical: 55 Ilnagement of Companies; ; or is a supplier who supplies at least i% of its non - retail goods and /or services to local primary employer(s) that are located thin a 50 -mile radius of the intersection of Staples Street and Leopard Street Isj " Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. (t) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily 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. (u) "Regional Telecommunications /Data Processing 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 majority of the services are provided to points beyond a 50 -mile radius of Nueces County. H LEG -0IR\ Shared \GaryS\agenda1200714- 101Res amending CCB and Job Deve Corp Guidelines070403.doc 6 (v) " fleseaich and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (w) "detention" means to retain existing primary employers so that they continue their business ceratipn within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). small Business" means ' an employer that employs 49 or less full time (2,080 hours/year) permanent employees at the time of application. (v) " §mall ilpsiness Primary Employer" means a primary employer that employs 49 or less full tine (2A0 hours/Year). permanent employees at the time of application and comply with the r+Mguirenent(s) set forth under "Definitions" letter (r). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create jobs; • Expand the City tax base and economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. (a) Section 3. Business Incentives Authorized. Primary Employer and Small Business Primary Employer sine Incentives Authorized. Incentives granted by Agreement aciIitigs under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation /guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; an • job training grants/loans; and, • buess incubation activities. (b) 'mall Aysiness Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: H \LEG -DIR \Shared \GaryS\agenda\2007\4 -10 \Res amending CCB and Job Deve Corp Guidelines070403.doc 7 • Small Business start up grants /loans; and-,. • Business Incubation grants/loans; and • Business Incubator development. Section 4. Capital4avestmentiFaeility Primary Emplover Business Incentives. (a) Nithoripd Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, of-Expansion, or for Capital Investment necessary for the rtentign of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of Tess than 15 years; with the exception of the City of Corpus Christi, 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. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. tompion of Facility Construction. The completion of Facility construction or installation of apital investment shall be deemed to occur upon the earliest of the following events (as determined by the Board) ( ) • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. eff th (de) Wage Requirement. In order to count as a job under an Agreement, the job shall pay at least a "living wage ". For purposes of this provision, living wage shall mean that annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. In determining if this requirement is met, the Board may also consider other compensation factors or employee benefits that enhance the employee's compensation package as a whole Accordingly, the Corporation, through its Project Agreement with the City, may adjust the living wage target under these Guidelines and Criteria and insert a specific target in each Agreement to govern the incentive offered. With regard to job h ',LEG -DIR\ Shared \GaryS\agenda200714- 10\Res amending GCB and Job Deve Corp Guidelines070403.doc 8 training, a job shall pay at least an amount as determined by the Act in order to count as a job under an Agreement. In determining an incentive based on new jobs, the following matrix shall be considered. 30 30 40! >'50 1 New Gross Payroll 0 •ernew to $40,000 ger new lob 1 to $50,000 Der new lob �0 •er new .o• Incentive per New Job U • to 750 •er new ob for trainin $751 to $5,000 per new lob $5,001 to $10,000 per new lob 10,001+ per new iob (ef) 4pb Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full -time (2,080 hours/year) permanent jobs within tree -4) two (2) years of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 10 at) herpin. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis jg) kealth Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. Section 5 Small Business Incentives. (a) Authorized Proiects /Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start up and /or Business Incubation On an annual basis, the Board shall budget a separate allocation for funding all small business start up and/or business incubation incentives. (b) (4) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. H \LEG -DAR\ Shared \GaryS \agenda12007\4- 10\Res amending CCB and Job Deve Corp Guidelines070403.doc 9 Section 6. Small Business Primary Employer Incentives. Authorped Proiects /Dedicated Allocation. For projects which may not meet the requirements of Section 4 akve, business incentives may also be granted to Small Business Primary Employers to creiSe iot> through Smali Business start up and/or Business Incubation. On an annual basis, the Btird mow budget a separate allocation for funding all small business start up, expansion, retenti►n, and/or business incubation incentives. Section 7. Universal Requirements. (a) F roiect Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) IIpcatigrt or Residency Requirement. Facilities or land may be eligible for business ntis only in the event that any associated Capital Investment is located within the City. opera which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to lob training incentives, these may be eligible outside of the City only in the gent art at least 51% of the jobs created during the term of the Agreement are held by r> rsiderts of the City. "uy L I" Provision. Each recipient of business incentives shall additionally agree to use test elorts to give pre/ rence 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. For the purposes of this provision, the "Opal" as used to describe manufacturers, suppliers, contractors and labor shall icludei firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. (d;= Insurance Requirements. Each recipient of business incentives shall carry worker's c Dmperation insurance and other appropriate insurance coverage as the Board may ceterrrxne is appropriate and required in the Business Incentive Agreement. Section 68. Application. (a) Written, Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed written application with the Executive Director, or his designated representative. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by a general description of proposed Capital Investments to the Facility; a descriptive list of the improvements or program for which business incentives are requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description, and, a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization 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 H '\LEG-DIR \Shared \GaryS\agenda1200714 -10 \Res amending CCB and Job Deve Corp Guidelines070403.doc 10 application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasi ity /Economic Impact Study After receipt of a completed application, and -at-the -Gast of tho- applicanti the Executive Director shall cause to be performed a study of feasibility and economic impact using an independent consultant selected by or agreed to by the Board. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility /economic impact study shall be borne by the Economic Development Corporation. (d) No Business Incentives if Construction or Program has Commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Due piliaence Financial Review. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years financial statements -- company and /or persqnal financial statements. The financial statements required will be at the discretion of the Corporation. After receipt of the financial statements, the Executive Director shall cause a financial review to be performed using an independent accounting firm selected by or agreed to by the Board. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agrei ment. The apvlicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. The costs or expenses of the financial review shall be borne by the Economic Development Corporation. Section 79. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives 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 any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the Tong -term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. Section 810. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; H ,LEG -DI R \Shared \GaryS\agenda 12007 \4- ^01Res amending COB and Job Deve Corp Guidelines070403.doc 11 • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • 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, • the number of permanent jobs, and wage /salary minimums for jobs created. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and docu mentation (c) peadline for Execution. If the incentive proposal is approved by the Corporation Board of pirectprs, then the Owner will have sixty (60) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Pusiness Incentive Agreement within sixty (60) days from date of receipt will result in the Agreement being null and void and of no effect. Section 911 Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and /or City may terminate the Agreement and pursue all legal remedies as provided by law. if the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole diiscretion, shall determine the incentives that the Owner shall be required to refund. (b) Employment Verification. Owner shall annually provide documentation, in the form of Quarterly Texas Workforce Commission payroll reports or other mutually acceptable prnployrnent and payroll report, to verify compliance with new iob and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall 1e due not later than the fifteenth day after the deadline for filinq the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (bc) pelincpent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and /or contest, the Agreement shall terminate and so shall the business incentives. (d) lJtility payments. In the event that the Owner allows its utility billing payments to become delingnt, the Agreement shall terminate and so shall the business incentives. (e) otice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing 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 H \LEG -DIR\ Shared \GaryS\agenda\200714- 101Res amending CCB and Job Deve Corp Guidelines070403.doc 12 Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written expation of the reason for the default to the Corporation. This fieitplanetion, and any legitimate reasons for delay, will be taken into consideration as a Rpssibie remedy for the default. The Owner shall also notify the Corporation, in writing, *graining any delays in completing any required Agreement milestones as soon as the ilelaysisre realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. Potenti i Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 4-912. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and /or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection 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 or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (lac) Annual Evaluation. The City, acting on behalf of the Corporation, shall annually evaluate compkance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (cd) Right_ to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 13. WaiversNariances The orpoion shall have discretion to vary, alter, and /or waive any guideline or criteria set forth her when such variance, alteration, and/or waiver shall be in the public interest and in furt nos of the purpales and goals of the Corporation as set forth in its Articles of In oration, By -laws, Ordinance 024952, and Texas Revised Civil Statutes, Art. 5190.6. H \ LEG- DIR1Shared \GaryS.agenda12007 \4- 10\Res amending CCB and Job Deve Corp Guidelines070403.doc 13 Adopted by the Board April 2, 2007 H.'\LEG.DIR\ Shared \GaryS\agenda\2007 \4- 101Res amending CCB and Job Deve Corp Guidelines070403.doc 14 Corpus Christi, Texas of , 2007 The move resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:\ LEG -DIR \Shared \GaryS\agenda\2007\4 -10 \Res amending GCB and Job Deve Corp Guidelines070403.doc 18 AGENDA MEMORANDUM City Council Action Date: April 10, 2007 SUB,CT: North Port Avenue from IH 37 to US 181 (Project No. 6264) BOND ISSUE 2004 AG DA ITEM: Motion authorizing the City Manager, or his designee, to execute a Cont ct for Professional Services with Maverick Engineering from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) ISSN: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. A Contract For Professional Services is required to complete the Design Phase, Bid Phase, and Construction Phase. The fee of the proposed Contract For Professional Services exceeds the minimum contract amount of $25,000; and requires Council action. FUNDING: Funding is available from the Texas Military Value Revolving Loan Fund. RECQMMIIDATION: Staff recommends approval of the motion as presented. 107 for' Valerie GrT y, P. E.. Director of Storm Water Department Foster Crowell, Director of Wastewater Department AEI onalpupport Ma *rial: Exhi "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map 7 se g R. Escobar, P.E. 'rector of Engineering Services 4///07 -iPl t f D! 07 Eduardo Garana, P. E., Director of Water Department H' ,USER 2\HOME\VELMAP\GENSTREET\6264 NORTH PORT AVENUE.CONSULTANT\AGENDA MEMO BACKGROUND INFORMATION SUlIECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) BOND ISSUE 2004 PRQIECT DESCRIPT19N: The proposed project provides the major access to port facilities which is a strategic military port on the south side of the ship channel. This section of North Port Avenue also provides the primary access from IH 37 to the Baseball Stacium and Bayfront Convention Center and Arena Facilities. The improvements will include the complete reconstruction of the 4 -lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, watetr and wastewater improvements, removal of abandoned/ unused driveways, and new street lighting. The project is being coordinated with the Texas Department of Transportation (TXDOT) and Metropolitan Planning Organization (MPO), Port Authority and local utility franchises. COiTRACT TERMS: The Engineering Contract provides for completion of the following tasks: 1 . Preliminary Design: 2 Permit Preparation: • Texas Commission on Environmental Quality; • Texas Department of Licensing & Regulation; • Texas Department of Transportation: • Texas General Land Office; • Texas Historical Commission; • Texas Parks and Wildlife Department; • TPDES Permit/Amendments; • Union Pacific Railroad; 3. Topographic Survey; 4, FttOW Re- establishment Survey; 5. Environmental Clearance and Public Involvement (CE Process): • Programmatic Categorical Exclusion • Formal Public Involvement Process 6, Subsurface Utility Investigation; 7. Initial Geotechnical Investigation; and 8. Animation Model. A Contract Summary is attached as Exhibit "B." REVOLVOlp LOAN: On June 13, 2006 the City Council approved a Resolution to submit a loin ap►ication to the Texas Military Preparedness Commission for their Texas Military Valie Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. H , HONE\ KEVINSIGENISTREETS16264NonnPorMEBkgExnA .doc EXHIBIT "A" Page 1 of 3 The State Legislature has authorized a Texas Military Value Revolving Loan Fund under the auspices of the Texas Military Preparedness Commission to provide low interest loans to communities that have either been adversely or positively impacted by BRAC 2005 or to a community that will carry out a project that will enhance the military value of a military facility. The City has two projects that qualify under the loan fund guidelines. The two projects are the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive together with land acquisition to allow the expansion of the runway facilities at Waldron Field. The local share of the two projects and the amount of the loan request is $10,507390 The total project cost for Port Avenue between I.H. 37 and U.S. 181 is estimated to be $18,687,565. Up to 80% of the cost (estimated to be $10,878,300) of street design, street construction and street lights will be funded by TXDOT through the Metropolitan Planning Organization. The City is responsible for 100% of the cost for land acquisition and utility construction, and 20% of the costs of street design, street construction and street lights (estimated to be $7,809,265). PROCT ;BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PRIV CODICIL ACTION: 1 IllloverOer 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) June 13, 2006 — Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181 (BOND ISSUE 2004) (Resolution No. 026827). June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field (Resolution No. 026830) \ HOME\ VINS\ GEN1STREETS\6264NorthP,MEBkgExhA tlx EXHIBIT "A" Page 2 of 3 June: 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund (Resolution No. 026831). September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181 (BOND ISSUE 2004) (Resolution No. 026978). September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) PRIOR A AINISTRATI/E ACTION: 1 August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). H 1 HOME1KEVINSk GEN \STREETS16264NorihPorME8kgE!chA doc. CONTRACT SUMMARY SCOPE OF PROJECT Nor" Por%Avenue front IH 37 to US 181 ( Proiect No. 6264) - This section of North Port Avenue provides the major access to port facilities which is a strategic military port on the south side of the ship channel. This section also provides the primary access from IH 37 to the Baseball Stadium and Bayfront Convention Center and Arena Facilities. The improvements will include the complete reconstruction of the 4 -lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, water and wastewater improvements, removal of abandoned /unused driveways, and new street lighting. The project is being coordinated with TXDOT and MPO, Port Authority and local utility franchises. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. H-,USER 9�t` \HOMEWELMAP\GEN'STREET\62 4 NORTH POW AVENUE \CONSULTANT\CONTRACT SUMMARY EXHIBIT "B" Page 1 of 2 3. SUMMARY OF FEES rth Port Avenue from IH 37 to US 181 (Proiect No. 6264 FEE FOR BA SEES Street & Lighting Storm Water Water Waste Water Totals 1 Preliminary Phase (Schematic Design) $117,128 $29,447 $9,870 $8,061 $164,506 2 Design Pt se (Pi &E Development) TBD TBD TBD TBD TBD TBD 3. Bid Phase (Letting Phase) TBD TBD TBD TBD TBD TBD 4 ConstructlOn Phase TBD TBD TBD TBD TBD TBD Subtotal Bast Services Fees 117,128 29,447 9,870 8,061 164,506 FEE FOR ADDITIONAL SERVICES (Allowance) Street Storm Water Water Waste Water Totals 1 Permit Preparation (as applicable) AUTHORIZED 1 Texas Commission on Environmental Quality 1.2 Texas Department of Licensing & Regulation 1 3 Texas Department of Transportation 1.4 Texas General Land Office 1 5 Texas I-torical Commission 1 6 Texas Perks and Wildlife Department 1 7 TPDES Permit/Amendments ' 8 Union Pacific Railroad ` 9 U.S. Arrny Corps of Engineers TBD ' 10 U.S. Fish and Wildlife Service TBD Total Pe ittin 1,543 6,692 11,912 0 1.413 713 2,147 5,418 TBD TBD 388 0 0 6,028 355 179 869 1,362 TBD TBD 130 0 0 0 119 60 0 457 TBD TBD 106 0 0 0 97 50 0 373 TBD TBD 2,167 6,692 11,912 6,028 1,984 1,002 3,016 7,610 TBD TBD 29,838 9,181 766 626 40,411 2 Topogra c Survey AUTHORIZED 66,862 16,809 5,634 4,602 93,907 3 ROW Re- istablisiment Survey AUTHORIZED 61,147 15,373 5,153 4,208 85,881 4 Environmental Clearance and Public Involvement (CE Process): 4.1 Programmatic Categorical Exclusion AUTHORIZED 4.2 Formai Public Involvement Process AUTHORIZED 4.3 Environmental Assessment (EA) TBD 87,412 96,710 TBD 21,976 24,313 TBD 7,366 8,150 TBD 6,016 6,655 TBD 122,770 135,828 TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Warranty Phase TBD TBD TBD TBD TBD 7 Subsurface Utility Investigation AUTHORIZED 0 39,906 13,387 10,915 64,208 8 Geotechrcal Investigation & Testing: 8.1 Initial Geotechnical Investigation AUTHORIZED 8.2 Conduction Testing Program TBD 9 Televising' Existing Wastewater Lines TBD 17,639 TBD 4,435 TBD 1,486 TBD 1,214 TBD 24,774 TBD 0 0 0 TBD TBD 10. 3D Animation Model AUTHORIZED 16,936 0 0 0 16,936 11 ROW Act isition Survey TBD TBD TBD TBD TBD TBD Subtotal Adclhional Services Fees AUTHORIZED 376,544 131,993 41,942 34,236 584,715 Total Authoridted Fee $493,672 $161,440 $51,812 $42,297 $749,221 EXHIBIT "B" Page 2of2 i ',USERS2''HOMEWELMAPGEN\STREE T,.'i264 NORTH PORT AVENUE\ CONSULT ANT\ CONTRACT SUMMARY File \Mprojec counoilexhibits \exh6264.dwq San Potricio County NUECES BAY CORPUS CHRISTI BAY LOCATION MAP NOT 70 SCALE givAr•V• CITY Pnofcrto. e2e4 VICINITY NAP NOT 70 SCALE Yocht^ EXHIBIT "C" NORTH PORT AVENUE-FROM IH-37 TO US HWY 181 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -01 -2007 19 AGENDA MEMORANDUM AGE*DA ITEM: City Council Action Date: April 10, 2007 a. Ordinance appropriating $162,000 from interest earnings into the Marina Development 2005 CIP 3233 Fund for the Marina Development Project Phase III: Docks E, F. G, and H project; amending the FY 2007 Capital Budget adopted by Ordinance No. 26997 to Increase appropriations by $176,172; and declaring and emergency. b Metion authorizing the City Manager, or his designee, to ratify and award Change Order No. 7 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $49,942.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of three phase electrical service for two locations on Dock E and pavement repairs on the Peoples Street T -Head. ISSIS: • Larger (over 90 -ft.) vessels are increasingly being built to use three phase electrical service shore power when at dock. Two vessels currently booked for the Texas Irternational Boat Show require three phase service. These vessels will cancel if provision for three phase electrical service is not made. • Pavement repairs are needed on the Peoples Street T -Head to present the best image possible to visitors during the Texas International Boat Show. FUh ING: Funding is available from Marina Development 2005 CIP Fund upon appropriation. Funding for the pavement repairs will be advanced from Facility Maintenance — City Hall until proceeds are received and appropriated for the fair market value of the land associated with street closures being made at the request of Citgo Refinery COILUSION AND RECOMMENDATION: Staff recommends approval of the change order so the additional work may proceed. - C) - .- Srally Gavlic Director of Parks & Recreation Ad 'onaf Support Material: Exh " "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Boat Show Sponsor Letter Exhibit "D" Location Map H \HOME \KEVINS \GEN\ MARINA \3297Phase3Docks \CO7Memo.DOC e R. Escobar, P.E. 'rector of Engineering Services BACKGROUND INFORMATION SUBJECT: Corpus Christi Marina Development Project — Phase 111 (Docks E, F, G, and H) Project No. 3297 CHANGE WIDER DESCRIPTION: This t harms Order involves: • it tallation of three phase electrical service to two berths on Dock E. • replacement of approximately 209 -s.y. of base and pavement with all pavement to be saw cut and replacement existing pavement markings. The additional electrical service is necessary to accommodate the newest vessels greater than0 -feet in length. The contractor was directed on March 28 to proceed with ordering the required cable, transformer, panel box and "Hy Power" unit to provide three phase service. The lead time for most of the equipment is three weeks with all of the equipment scheduled for April 18, 2007. Administrative approval of the equipment purchase was necessary to have the materials available in time to complete the installation prior to the Texas Boat International Boat Show. Delivery of equipment on April 18 will permit instaation prior to the Boat Show which begins April 26 and will run through April 29, 2007. A copy of the change order summary is attached (see Exhibit B). Change Order No. 7 also provides for the repair and replacement of approximately 209 - S.Y. of pavement. The work includes base repairs, pavement, and replacement of existing pavennent markings. NEW: Three Phase Electrical Service: The project was designed with single phase service to accommodate the vast majority of vessels. The only three phase service included in the original project was provided to accommodate the 97 -foot Flagship tour boat operating out of the Manna. No marina on the Texas coast provides three phase service, and such service typically is avaiable only in the largest European, east and west coast marinas. However, modern large boats (mega - yachts), made in Europe and America, are increasingly using three phase electrical service. This type of power is more economical to the user, and is necessary to meet the demands of large boats over 90 -feet long. While many of these vessels have a "smart" electrical system that allows the use of both single and three phase service, the lower cost of three phase service is preferred by the owners of these vessels. The City received a letter from the sponsor of the Texas International Boat Show dated March 22, 2007 stating his disappointment that no three phase service had been provided (see Exhibit C). EXHIBIT "A" Page 1 of 4 H \HOME\KEVINS\GEN\ MARINA \3297Phase3Docks\CO7BkgExhA.doc The letter stated two of owners of the yachts over 100 feet will cancel their plans to come to the show if three phase service is not available. It was determined the service could be provided which would allow the Marina to maximize future Marina revenues by attracting all types of boats. Pavement Repairs: A number of base failures have occurred on the T -Head. These areas are exhibit "alligor" cracking, potholes, "pushed" asphalt, and rough /uneven pavement surfaces. The appearance of the pavement causes the otherwise new and renovated Marina to have an unfinished appearance, Given the level of publicity that will be generated by the Texas International Boat Show, it is imperative the repairs be completed before the event occurs. CONTRACT TERMS: This ange order will add 23 days to the existing contract period of the end of March with completion now prior to the International Boat and Jet Show. PRIOR COUNCIL ACTION: 1. July 27, 2004 — Resolution authorizing increased and new Park and Recreation Marina fees for Fiscal Year 2004 -2005; providing effective date; and providing for severance. 2. December 14, 2004 - Resolution expressing official intent to reimburse costs of the Marina Improvement Project. 3. Decipher 14, 2004 - Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facikty /Restroom; amending Operating Budget adopted by Ordinance No. 025878; and declaring an emergency. 4. December 14, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $405,130 for the Marina Development Project— Peoples Street T -Head [Floating Docks "E ". "F ", "G ", Commercial Dock] and Boater's Facility /Restroom 5. December 14, 2004 - Motion authorizing the City Manager, or his designee, to execlte a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of $45,868 for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ". "G ", Commercial Dock] and Boater's Facility /Restroom. 6. January 31, 2006 — A Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas Parks & Wildlife Department in the amount of H : \HOME\KEVI NS\GEN \MAR I NA13297Phase3Docks \Co7BkgExhA.doc EXHIBIT "A" Page 2 of 4 $69,000 for Phase 1 of the Corpus Christi Marina Boat Pump -out System for Dock "E" Peoples Street T -Head, with $23,000 match from the No. 3233 Marina Development CIP Fund 7 January 31, 2006 — Ordinance appropriating a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for in the No. 1058 Marina Grants Fund for Phase 1 of the Corpus Christi Marina Boat Pump -out System for Dock "E" Peoples Street T -Head: and declaring an emergency. Jurie 27, 2006 - Motion authorizing the City Manager, or his designee, to award Change Order No. 2 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $316,134.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for Additive Alternates No. 4 and 5. December 12, 2046 - Motion authorizing the City Manager, or his designee, to award Change Order No. 3 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $34,315.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of sanitary sewer pump -out station on Docks G & H. January 16, 2007 - Motion authorizing the City Manager, or his designee, to award Change Order No. 5 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $139,798.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for landscaping on Peoples Street T -Head. 11 Feiruary 20, 2007 — a. Ordinance appropriating $43,242 from William O. Harrison Jr. into the 4700 Marina Fund for the Marina Development Project Phase III: Docks E, F. G, and H project; amending the FY 2006 -2007 budget adopted by Ordinance No. 26908 to increase revenues and appropriations by $43,242; and declaring and emergency. b. Motion authorizing the City Manager, or his designee, to award Change Order No. 6 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $60,090.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of additional utilities on the Peoples Street T -Head. PRtIR ARMINISTRAT E ACTION: 1, February 15, 20( — Administrative approval of an amendment to a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of $13,975 for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facility /Restroom. 2. Jute 19, 2006 — Administrative approval of Change Order No. 1 for CCC Group, Inc. of San Antonio, Texas in the amount of $ -0- for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) to provide for temporary fencing and modification of the start of construction date. 3. December 18, 2Q06 - Administrative approval of Change Order No. 4 for CCC Group, Inc. of San Antonio, Texas in the amount of $11,500 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for tree planting and installation of a sanitary sewer piping tie -in for the future CC EXHIBIT "A" Page 3 of 4 H \ HOME\ KEVINS\ GENIMARINA \3297Phase3Docks\CO7BkgExhA.doc Sailing Center. FUTE cOUNCIL ACTION: Council wilt need to appropriate future Texas Parks and Wildlife Coastal Grant(s) upon receipt of proceeds. Council will be requested to consider ratification of a future amendment for engineering services with HDR /Shiner Moseley to address miscellaneous additional design work. H:1HO KEVINS\GEN\ MARINA \3297Phase3Docks \CO7BkgExhA.doc EXHIBIT "A" Page 4 of 4 Department of Engineering Services Change Order Summary Sheet April 10, 2007 PROJECT: Corpus Christi Marina Development Project (Docks E, F, G & H) Project No 3297 APPROVED: City Council on 3/28/06 - Motion No. M2006 -097 COMVRACTOR: CCC Group.. Inc. 6364 Hopkins Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT $3,835,988.00 25% Limit Amount 958,997.00 Change Order No. 1 0.00 Change Order No. 2 ...... 316,134.00 Change Order No. 3 34,315.00 Change Order No. 4 11,500.00 Change Order No. 5 .... 139,798.00 Change Order No. 6 60,090.00 Change Order No. 7 49,492.00 Total 611,509.00= 15.94% < 25% EXHIBIT "B" Page 1 of 1 Department of Engineering Services Change Order Summary Sheet April 10, 2007 PROJECTS Corpus Christi Marina Development Project (Docks E, F, G & H) Project No: 3297 APPROVED: City Council on 3/28/06 - Motion No. M2006 -097 CONTRACTOR: CCC Group, Inc. 6364 Hopkins Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT. 25% Limit Amount ..... .... . $3,835,988.00 958, 997.00 Change Order No. 1 0.00 Change Order No 2 316,134.00 Change Order No. 3 34,315.00 Change Order No. 4 11,500.00 Change Order No. 5 ... 139,798.00 Change Order No. 6 .... 60,090.00 Change Order No 7 49,492.00 Total ....... _ ........ 611,509.00= 15.94% < 25% EXHIBIT "B" Page 1 of 1 Texas international Boat Show Br • .ruxmorto. 22nd March, 2007 Per Davidson Msrina Superintendent Corpus Christi Marina Lawrence Street T -head Corpus Christi TX 78469 Dear Peter, Following our many recent conversations, I am writing to register my tremendous disappointment and great concern regarding the availability of three phase electricity on Dock E for the boat show. As you know, it is imperative for larger vessels over 90ft to have access to this type of shore power to enable them to handle the many electrical requirements on board. Without this power you are, quite literally, dead in the water. Three vessels over 100ft were originally booked into the Texas International Boat Show, obviously, with the understanding that the necessary power would be available. One of these has since sold and now there are just two. If, at this stage, we have to inform them of -this power problem, both of them will cancel their plans to come to the show, thus totally destroying almost two years of work promoting Corpus Christi as a marina of international standards. The ramifications in the yachting community will be disastrous. Peter, we must solve this problem to avoid all of the promotional efforts this far backfiring on us and destroying the goal of creating Corpus Christi as the "Recreational Boating Capital" of the Southwest. I look forward to hearing from you. With kind regards Peter Bryant President Timms International Bo* Show Exhibit C Page 1 of 1 Bay Pr into. 618 t1S 3fighway 1, Suite 400. North Fairn Beach. Florida 33408 • Ph: 561.842.8808 • Fax: 561.840.1323 400A North Shoreline, Lawrence Street T -Head, Corpus Christi. 'Texas 78401 Eur ope: 90 Long lane, Rickmansworth, Herts. W03 8YG, United Kingdom Fie , odproject \councilexhibits\exh3297.dwg W. SHORELINE BLVD. C.O. 7 ELECTRICAL CITY PROliCT fp. 3297 VICINITY MAP NOT TO SCALE EXHIBIT I'D" (CHANGE ORDER 7) CORMS MIXT! AfAIIINA DEVELOPMENT ROWE* (Floating Docks E, F, G & H) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 04-03-2007 L,! .9 N 1, ‘t . ■■.1 I -7(rCA- .`„ \ tii' 111 r7 .,..,... .... r ;'-; ' - ■ .,) : ,i - --, ( , II . ' ' ..... N. I ' ,,,' ,i, . ■ ,. . A \. ,,,) 1= 11.' -.--,•■-"-7-V117.:--4,-' _ , ,1/.1 p.±1 i r `r•-1 0 0 a. V) OF CORPUS • EXHIBIT "D" PAGE 2 OF 2 £S3 rt/ InlO 00t/11/C .P.11003L1-00-LL2EL 0131ASMOVISIOIAbOA.1.0.NOV AN ORDINANCE APPROPRIATING $176,172 FROM INTEREST EARNINGS INTO THE MARINA DEVELOPMENT 2005 CIP 3233 FUND FOR THE MARINA DEVELOPMENT PROJECT PHASE III: DOCKS E. F, G, AND H PROJECT; AMENDING THE FY 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 26997 TO INCREASE APPROPRIATIONS BY $176,172; AND DECLARING AND EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $176,172.00 from interest earnings is appropriated into the Marina Development 2005 CIP 3233 Fund for the Manna Development Project Phase III: Docks E, F. G, and H Project. SECTION 2. FY 2007 Capital Budget adopted by Ordinance No. 26997 is amended to increase appropriations by an amount of $176,172.00. 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 10th day of April, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary API OVER AT TO FORM: 4- Apr -07 %u.u. -fi ran Veronica Ocanas Asstant City Attomey for City Attorney Henry Garrett Mayor ;:\D000ME -1 \VERDNI-1\ LOCALS -1\ Temp\ VO .ORDAppMarinaDevPHtII.041007.doc Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an errirgery exists requiring suspension of the Charter rule as to consideration and vot *g 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Malik Scott ;:\DOCU ME- 11VERONI -1 \ LOCALS- 11Temp\VO.ORDAppMarinaDevPH I I I.041007.doc 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 04/10/07) Casepo. 0017 -04, King's Crossing Realty, Ltd.: A change of zoning from a "R -1C" One - Family Dweing District and a "R -2" Multiple Dwelling District to a "R- 2/PUD -2" Multiple Dwelling District with a Planned Unit Development - 2 Overlay on property described as King's Crossing linit 21. Block 1, Lot 1. located southwest of the intersection of Cimarron Boulevard and Lens Drive. Pla n¢ C.jrnmission & Staffs Recommendation (February 7, 2007): Approval of the "R -2i UD -2" Multiple Dwelling District with a Planned Unit Development - 2 Overlay. Reoirsted Council Action: Approval of the "R- 2/PUD -2" Multiple Dwelling District with a Planned Unit !Development - 2 Overlay. Condions• 1. Development must be in accordance with the attached site plan. 2. The one single - family residence and 15 two- family townhouses will be provided access via a private access/private utility easement with a 24 -foot wide drive. 3 The building envelopes may vary between 5,306 and 12,612 square feet. 4. The minimum separation distances of the building envelopes will be 10 feet between buildings and 5 feet to adjacent property lines. s. Only one access point to Cimarron Boulevard is permitted. 6. The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. 7. The minimum number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8, Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. 9. The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. Summitry: • The applicant is requesting a change of zoning on 6.06 acres from "R -1C" One - Family Dwelling District and "R -2" Multiple Dwelling District to "R- 2/PUD -2" Multiple Dwelling District with a Planned Unit Development -2 overlay to allow for development of one single - family residence and 15 two- family townhouses on one platted lot. The subject property is located southwest of the intersection of Cimarron Boulevard and Lens Drive. The property fronts on Oso Parkway and backs directly onto Cimarron Boulevard just south of Lens Drive. • The purpose of the '`R- 2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay is to provide increased flexibility for one detached single - family residential unit and 15 two- family townhouses on one platted lot (See attached Site Plan of Lot 1, Block 1, King's Crossing Unit 21). The Zoning Ordinance permits one detached single - family structure, one duplex structure, or multiple multi- family structures per lot. A multi - family structure consists of three or more attached units In order to allow this development under the existing zoning, the property would be required to be platted into individual lots with a private street that conforms to the requirements of the Platting Ordinance. In addition, several unique development features are requested by the applicant in this Planned Unit Development -2. These include the following: Agenda Memorandum Case No 0107 -04 (Kings Crossing Realty, Lid.) Page 2 The single - family residence and two- family townhouses will be provided access via a private access /private utility easement with a 24 -foot wide drive. 2. The building envelopes vary between 5,306 and 12,612 square feet; and 3. The minimum separation distances of the building envelopes will be 10 feet between buildings, 5 feet to adjacent property lines. In addition the following requirements are recommended by Staff: i . Development must be in accordance with the attached site plan. 2. Only one access point to Cimarron Boulevard is permitted. 3 The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. 4. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 5 Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. 6 The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. • Existing Land Use: The tract will be developed on Lot 1, Block 1, King's Crossing Unit 21 which consists of 6.06 acres and is currently undeveloped. However, a private concrete drive has been constructed to provide access to the residences within this proposed development. • Utikties: The proposed development will have water and wastewater connections. • Transportation: Development of this property with the proposed residential development could generate approximately 160 vehicle trip ends per day. The subject property is located on Oso Parkway, a designated parkway collector street. and Cimarron Boulevard, a four lane primary collector street, in the Urban Transportation Plan. No atiio: Of the thirty (30) notices mailed to the surrounding property owners, zero (0) were returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. '3360.ffok-L1 MG/FGM/blp Attmer: 1) Zoning Report 2) Planning Commission Minutes (02/07/07) 3) Ordinance H:',PLt4DIR \SHARED \Beverly12007 CC \0107 -04 AGENDAMEMO.doc I Deborah A. Marroquin, P.E. Interim Director of Development Services CITY COUNCIL ZONING REPORT Case No.. 0107 -04 City Council Hearing Date: April 10, 2007 Applicant & Legal Desct4ption Applicant: King's Crossing Realty, Ltd. Owner: Same as applicant Agent: Murray F. Hudson, Urban Engineering Property Area: Lot i, Block 1, King's Crossing Unit 21, The Village at King's Crossing located southwest of the intersection of Cimarron Boulevard and Lens Drive Zoning Request From: "R -1B" One- Family Dwelling District and "R -2" Multiple Dwelling District To: "R-2/PUD-2" Multiple Dwelling District with a Planned Unit Development -2 overlay Area: 6.06 acres it Purpose of Request: To allow a single family and townhouse development that will consist of one single family residence and 15 two - family townhouse on one platted lot with a private access drive. m : aNorth ..7 '° a es .a c N 0 w W Zoning Existing Land Use Future Land Use Site '`R -1C" One Family Dwelling District and "R -2" Multiple Dwelling District Vacant property Medium Density Residential "R -1B" One Family Dwelling District Single- family residences and King's Crossing Golf Course maintenance facility Vacant and developed single- family residential lots Low Density Residential and Public -Semi Public Low Density Residential South "R -2" Multiple Dwelling District East "R -1C" One Family Dwelling District Low Density Residential Low Density Residential West "R -1C" One Family King's Crossing Golf Dwelling District and "R -2" Course Multiple Dwelling District Park cos at > Area Development Plan: Southside Area Development Plan (SADP); Future Land Use Plan - The future land use plan supports medium density residential uses. Map: 044029, 045029 Zoning Violations: None Zoning Report Case No. 0107 -04 (King's Crossing Realty, Ltd.) Page 2 a • Existing Land Use: The applicant is requesting a change of zoning on 6.06 acres from "R -1C- One - Family Dwelling District and "R -2" Multiple Dwelling District to "R- 2/PUD-2" Multiple Dwelling District with a Planned Unit Development - 2 overlay to allow for development of one single - family residence and 15 two- family townhouses on one platted lot. The tract will be developed on Lot 1, Block 1, King's Crossing Unit 21 and is currently undeveloped. The subject property is located southwest of the intersection of C imarron Boulevard and Lens Drive. The property fronts on Oso Parkway and backs directly onto Cimarron Boulevard just south of Lens Drive. A private concrete drive has been constructed to provide access to the residences within this proposed development. • The purpose of the "R -2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay is to provide increased flexibility for one detached single- family residential unit and 15 two- family townhouses on one platted lot (See attached Site Plan of Lot 1, Block 1, King's Crossing Unit 21.). The Zoning Ordinance permits one detached single - family structure. one duplex structure, or multiple multi - family structures per lot. A multi - family structure consists of three or more attached units. In order to allow this development under the existing zoning, the property would be required to be platted into individual lots with a private street that conforms to the requirements of the Platting Ordinance. In addition, several unique development features are requested by the applicant in this Planned Unit Development -2. These include the following. 1. The single- family residence and two- family townhouses will be provided access via a private access/private utility easement with a 24 -foot wide drive. 2. The building envelopes vary between 5,306 and 12,612 square feet; and 3. The minimum separation distances of the building envelopes will be 10 feet between buildings, 5 feet to adjacent property lines. In addition the following requirements are recommended by Staff. I. Subject to Planning Commission approval of a replat. 2. Development must be in accordance with the attached site plan. 3. Only one access point to Cimarron Boulevard is permitted. 4. The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. 5. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 6. Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. 7. The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. Utilities: The proposed development will have water and wastewater connections. Transportation: Development of this property with the proposed residential development could generate approximately 160 vehicle trip ends per day. The subject property is located on Oso Parkway, a designated parkway collector street, and Cimarron Boulevard, a four lane primary collector street in the Urban Transportation Plan. i PLN -DER . SHARED \Beverly\200 - PC`ZONRPTS\January \cc reports \0107-04 King's Crossing Reality Zoning Report.doc Zoning Report Case No. 0107-04 (Kings Crossing Realty . Ltd :> Page 3 Street Type ()so Parkway Paved Section Existing R.O.W. 80' Planned: Same Cimarron Boulevard 1 Primary Collector Street with 75' R.O.W. Volume (2001) Existing 40' BOC to NA BOC, two lane parkway collector street section Existing and Planned 52' BOC to BOC, four lane primary collector street NA. c • The subject property is platted as Lot 1, Block 1 King's Crossing Unit 21. A replat will Et be submitted for Planning Commission action prior to City Council action on the Planned ✓� I_' nit Development. _ z The property is currently undeveloped, however, a private concrete access drive and ,4, utilities have been constructed. The townhouse development shall be constructed in L 8 accordance with the International Residential Code (IRC) adopted by the City of Corpus es 0 o Christi. � U Staff Recommendation Approval of the "R- 2 /PUD -2" Multiple Dwelling District with a Planned Unit Development 2 overlay in accordance with the following conditions and subject to an approved replat. 1. Development must be in accordance with the attached site plan. 2. The one single - family residence and 15 two- family townhouses will be provided access via a private access /private utility easement with a 24 -foot wide drive. 3. The building envelopes may vary between 5,306 and 12,612 square feet. 4. The minimum separation distances of the building envelopes will be 10 feet between buildings and 5 feet to adjacent property lines. 5. Only one access point to Cimarron Boulevard is permitted. 6. The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. 7. The minimum number of parking spaces must comply with Article 22 of the Zoning Ordinance 8. Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. 9. The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. H PLN- DIR'.SHARED\ Beverly \2007 PC\ZONRPTSJanuary \ \cc reports\0107 -04 King's Crossing Reality Zoning Report.doc toning Report Case No. 0107 -04 (King's Crossing Realty, Ltd.) Page 4 a • = o,, Approval of a "R- 2 /PUD -2'" Multiple Dwelling District with a Planned Unit E Development -2 Overlay I. 1 Number of Notices Mailed: 30 t Favor 0 E 1 Opposition 1 'v le ; (As of March 30, 2007) i Attachments: Zoning Map Site Plan H: PLN- DIR \SHARED\Beverly\2007 PC`,ZONRPTS'January\cc reports\0107 -04 King's Crossing Reality Zoning Report.doc GOLF COURSE R-IB � vRr CAS 00 0000*.; 39 �. -R RE RA R -1A R -1B R -1C A -1 A -1A A -2 AT AB Farm Rural District Residential Estate District One Foley °welting District One Fatally Dwelling District One Faintly Dwelling District One Fatally Dwelling District Apartment House District Apartment House District Apartment House District Apartment- Tourist District Professinal Office District Case 0107 -04 NOTICE MAP R -TH Townhouse Dwelling District R -2 Multiple Dwelling District T -1A Travel Trailer Park District T -1B Manufactured Home Park District T -1C Manufactured Home Subdivision District HC Historical- Cultural Landmark I -2 I -3 SP PUO _fight Industrial District Heavy Industrial District Special Permit Planned Unit Development Preservation B -1 Neighborhood Business District B -1A Neighborhood Business District B -2A Barrier Island Business District B -2 Bayfront Business District BD Corpus Christi Beach Design Dist. 8-3 Business District B -4 General Business District B -5 Primary Business District 8-6 Primary Business Core District 1-1 Limited Industrial District 0 150 300 Feet HK /OBJANO7 \ "41 lippr \ I 4 ,,4Wilt WIN" •-. k , \ 1 I v il \ I!i!n \ 410p m i i ''.1 Ream, r « �` :tea . �Aw e "a` I F J \\ \`rid I I , Sae C\ j '�. `\ \ 1 I y DAIS* Lel JA teraI°' a Re. \` \`` is % 1 NgaPet I MN -� 1 44 \ \ I lal 1 liramr a Mom Cowry Twee LOCATION MAP N.T.S. /J e:V=.) \ \ li ) •JIMI SF 1 I eswr - ..._..— n _�_ —_ _ -. M•f 1/11/ I, Nam 1 Lh, y WI Amu SAWN A ._ -`` lit * ^7 ® t',„1..., is /` i / w i p y y,," fy w/ / Mwni a AYrcwr Gluw4{ Nwor 16 \11 �,yr (_, - "' :" ;..' _ \:::‘ � �..:.w 1 Oso Parkway ;, tarorsol L--- 1 No Y r.r _� \ Alt i 114 1 I : 'es I mar „ 1_ ~ , E. I _ - -- - - - -_ - -- \ ir ..'ar.y ar l at h alit'' MAO ..Y rrWrY /."Y W� N' I - 1wrlY IR/Y.r! Y..s. 1 1 � I S ~ Yew 1MM .1 r1rrl N/ «! . .4,I , I 11 rta 'f Y iw•Arm 1 I1 I —P - -f - - - - - - - Asswq bit Um Cimarron Boulevard `'► 4 Nock ► y� ai.�r .Cn"�. .: , ClrwiME uY./. Ike et r�sI.11e 111 Pr/ Nem* d Alma wwljt tier Planned Unit Development Site Plan of ._ . rr//��-� =�=///�•�l/�,r ��.s Unit �, 1' -!1 ,.'.. "i1- Mt -_. er' i,' '1 1 li I Ifgg's r ', 1-11-111111• r All , <1 :5:<R a Am Block 1, Lot 1 1 -: 1• •:,... s■1..s _A1I 1 11L.A FEB - 7 2007 I D. m■ wit 4 I 1 • M. 1 ..>.1 . r ii1iS . •• U R B A MA 1 now 1Str . ii,, . • f..r �� ENGINEERING '� ND" 111"1 '0• p�ye �w�1a� 1 1f 1 "Ws an 3M Q 0 6 1. IN. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 7, 2007 5:30 P.M. COM1tiIISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta FN on J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 5 42 p.m. James Skrobarczyk John C. Tamez COMMISSIONERS PRESENT CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. PLANNED UNIT DEVELOPMENT a. Case No. 0107 -04 STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldafia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary King's Crossing Realty, Ltd.: A change of zoning from a "R -1C" One - family Dwelling District and "R -2" Multiple Dwelling District to a "R- 2/PUD -2" Multiple Dwelling District with a Planned Unit Development — 2 Overlay King's Crossing Unit 21, Block 1, Lot 1, located southwest of the intersection of Cimarron Boulevard and Lens Drive. Mic Raasch presented the above case requesting a "R- 2/PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay allowing development of one (1) single family residence and 14 two- family townhouses on one platted lot with a private access drive. The existing and future land use map calls for low to medium density residential development for the subject property and surrounding area. A re -plat will be submitted within the next month for action by the Planning Commission and prior to this case going to City Council. There were thirty (30) notices mailed out with zero returned in favor and one returned in opposition. Staff recommends approval subject to a revised site plan and nine conditions as stated below: Development must be in accordance with the attached site plan. 2. The one single - family residence and 14 two - family townhouses will be provided access via a private access /private utility easement with a 24 -foot wide drive. The building envelopes may vary between 5,306 and 12,612 square feet. 4. The minimum separation distances of the building envelopes will be 10 feet between buildings and 5 feet to adjacent property lines. Only one access point to Cimarron Boulevard is permitted. Nanning Commission Minutes Februar, 7, 2007 The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. The minimum number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. Q. The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. Public hearing was opened. No one came forward to speak in favor or opposition. Public hearing was closed Motion for approval was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously. ,. ,Relk „�.,.� ... .. .... ... ._. _ __._� ...,.a.m... TO. Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KING'S CROSSING REALTY, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO KING'S CROSSING UNIT 21, BLOCK 1, LOT 1, FROM "R -1C" ONE - FAMILY DWELLING DISTRICT AND "R -2" MULTIPLE DWELLING DISTRICT TO "R -2 /PUD -2" MULTIPLE DWELLING DISTRICT WITH A PLANNED UNIT DEVELOPMENT -2 OVERLAY, SUBJECT TO AN APPROVED REPLAT AND NINE CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of King's Crossing Realty, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 7, 2007, during a meeting of the Planning Commission, and on Tuesday, April 10. 2007, 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 pubic 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 King's Crossing Unit 21, Block 1, Lot 1, located souwest of the intersection of Cimarron Boulevard and Lens Drive, from "R-1C" One - FarrlIy Dwelling District and "R -2" Multiple Dwelling District to "R -2 /PUD -2" Multiple Dwelling District with a Planned Unit Development -2 Overlay, subject to an approved replat and the following nine conditions: (Maps 044029 and 045029) 1. Development must be in accordance with the attached site plan. 2. The one single - family residence and 15 two- family townhouses will be provided access via a private access /private utility easement with a 24 -foot wide drive. 3. The building envelopes may vary between 5,306 and 12,612 square feet. 11'1LEG -DIR\ Shared \GaryS\agenda12007 \4- 10\Ord- 0107 -04 Kings Crossing reg.doc Page 2 of 4 4. The minimum separation distances of the building envelopes will be 10 feet between buildings and 5 feet to adjacent property lines. 5. Only one access point to Cimarron Boulevard is permitted. 6. The maximum height of buildings must comply with the "R -2" Multiple Dwelling District. 7. The minimum number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. Visitor parking spaces shown on the site plan must be a minimum of nine feet wide and 18 feet long. 9. The townhouse development must be constructed in accordance with the requirements of the 2003 International Residential Code. 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, rennin in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordnance constitutes an offense punishable under Section 1-6 of the City Code of Ord4nanoes. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency meesure on this 10th day of April, 2007. H \ LE G- DIR1Shared \GaryS\agenda12007\4- 101Ord- 0107 -04 Kings Crossing reg.doc ATTEST: CITY OF CORPUS CHRISTI Page 3 of 4 Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: April 4, 2007. G . Smith Assi #ant City Attorney For City Attorney H: \LEG -DIR\ Shared \GarySlagenda1200714- 10\Ord- 0107 -04 Kings Crossing reg.doc Page 4 of 4 Corpus Christi, Texas day of , 2007 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia Wiliam Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mad* Scott H:\LEG -DIR \Shared \GaryS \agenda12007 \4 -10 \Ord - 0107 -04 Kings Crossing reg.doc 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING ( City Council Action Date: 04/10/07) CaseNo. 0297 -01, Owen Norton: .A change of zoning from a "B-4" General Business District to a "B- 41PUD -2" General Business District with a Planned Unit Development -2 Overlay on property described as 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, aind 19 of Surfside Addition. located north of Caribbean Drive and approximately 200 feet east of Lagoa Shores Road. Plating Commission & Staffs Recommendation (February 21, 2007): Approval of a "B-4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay. Reled _council Action: Approval of a "B -4 /PUD -2" General Business District with a Planned Unit Development 2 Overlay. Summitry: • The applicant is requesting a change of zoning on 2.12 acres from a "B-4" General Business District to a "B- 4IPUD -2" General Business District with a Planned Unit Development -2 Overlay to allow for development of 28 detached single - family lots using the zero lot line configuration. The subject property is located approximately 200 feet east of the intersection of Laguna Shores Road and Caribbean Drive. The property fronts on Caribbean Drive and is adjacent to the Laguna Madre. • 1 he purpose of the "B -4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay is to provide increased flexibility for developing 28 detached single - family residential units using the zero lot line configuration. (See attached PUD Site Plan of Surfside Addition t_ nit 2.). The '`B-4" District of the Zoning Ordinance permits one detached single - family structure per platted lot with a minimum lot size of 6,000 square feet with minimum side and rear yard setbacks of 10 feet. In order to allow this development under the existing zoning, the property would be required to be platted into individual lots with minimum side and rear yards as outlined above and the proposed private street would be required to conform to the requirements of the Platting Ordinance. The development features and requirements of the Planned unit Development 2 are recommended as follows. 1 The single - family residences will be provided access via a 20 foot wide private drive. 2 Each side of the private drive shall be clearly identified as a Fire Lane / No Parking permitted at any time. 3 The single - family lots with a minimum lot size of 65 feet by 30 feet. 4 The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 5 Development must be in accordance with the attached site plan. 6. The maximum height of buildings shall not exceed three stories. 7 The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8 The single - family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. ygenda Memorandum Case No 0207 -01 (Owen Norton Page 2 • Existing Land Use: The tract will be developed on 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3. and all of Lots 15. 16, 17, 18, and 19, Surfside Addition and is currently undeveloped. • Utilities: The proposed development will have water and wastewater connections. • Transportation: Development of this property with the proposed residential development could generate approximately 280 vehicle trip ends per day. The subject property is located on Caribbean Drive, a designated local collector street in the Urban Transportation Plan. Caribbean Drive intersects with Laguna Shores Drive, a designated Parkway collector, approximately 200 feet to the west Notification: Of the twenty-two notices mailed to the surrounding property owners, three (3) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. Deborah A. Marroquin, P.E. Interim Director of Development Services MG/FGM/blp Att me : 1) Zoning Report 2) Site Plan 3) Planning Commission Minutes (02/21/07) 4) Ordinance H:\PLN- DIRSHARED\Beverly \200' CC\0207 -01 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0207 -01 City Council Hearing Date: April 10. 2007 Applicant & Legal Descrtlon Applicant: Owen Norton O ner: Same as Applicant Agent: Urban Engineering Le I Description/Location: 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, and 19, Surfside Addition, located north of Caribbean Drive and approximately 200 feet east of Laguna Shores Road. Zoning Request From: "B-4" General Business District To: "B- 4 /PUD -2" General Business District with a Planned Unit Development -2 Overlay Area: 2.12 acres Purpose of Request: To allow a residential development that will consist of 28 single - family lots configured with a zero lot line configuration. Each lot will be approximately 2,040 square feet in area. Existing Zoning and Land Uses Zoning Existing Land Use Vacant Commercial, Light Industrial Future Land Use Commercial Site "B -4" General Business District Vorth ``B -4" General Business District Low - density Residential, vacant Commercial South "B -4" General Business District and "R-1B" One- Famil Dwellin: District Low Density Residential, vacant Commercial and Low - density Residential r East '`R -1B" One - Famil■ Dwellin . District Water (Laguna Madre) Water West "B -4" General Business District Commercial Commercial ADP, Map & Visistiess , Area Development Plan: Flour Bluff. The Future Land Use Map supports commercial development. 11p No.: 035028 Zoning Violations: None Zoning Report Case No 0207 -01 (Owen Norton) Page 2 Stair Summary • file applicant is requesting a change of zoning on 2.12 acres from `B -4" General Busines to "B -4i PUD -2" General Business District with a Planned Unit Development 2 overlay to allow for development of 28 detached single - family Lots using the zero lot line configuration. The subject property is located approximately 200 feet east of the intersection of Laguna Shores Road and Caribbean Drive. The property fronts on Caribbean Drive and is adjacent to the Laguna Madre. • The purpose of the "B -4 /PUD -2" General Business District with a Planned Unit Development 2 Overlay is to provide increased flexibility for developing 28 detached single - family residential units using the zero lot line configuration. (See attached PUD Site Plan of Surfside Addition Unit 2.). The `B -4" District of the Zoning Ordinance permits one detached single- family structure per platted lot with a minimum lot size of 6,000 square feet with minimum side and rear yard setbacks of 10 feet. In order to allow this development under the existing zoning, the property would be required to be platted into individual lots with minimum side and rear yards as outlined above and the proposed private street would be required to conform to the requirements of the Platting Ordinance. The development features and requirements of the Planned Unit Development - 2 are recommended as follows. 1. The single - family residences will be provided access via a 20 foot wide private drive. 2. Each side of the private drive shall be clearly identified as a Fire Lane / No Parking permitted at any time. 3. The single- family lots with a minimum lot size of 65 feet by 30 feet. 4. The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 5. Development must be in accordance with the attached site plan. 6. The maximum height of buildings shall not exceed three stories. 7. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. The single - family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. Existing Land Use: The tract will be developed on 2.12 acres out of the southeast one hundred feet of Lots 2. and 3, and all of Lots 15, 16, 17, 18, and 19, Surfside Addition and is currently undeveloped. Utilities: The proposed development will have water and wastewater connections. • Transportation: Development of this property with the proposed residential development could generate approximately 280 vehicle trip ends per day. The subject property is located on Caribbean Drive, a designated local collector street in the Urban Transportation Plan. Caribbean Drive intersects with Laguna Shores Drive, a designated Parkway collector, approximately 200 feet to the west. Street LLO. W Street Type Laguna Shores Road Proposed Parkway Collector Caribbean Drive Secondary Collector Paved Section Proposed 80' ROW, 40' BB Volume (2001) 3,680 a.d.t. Proposed 65' ROW, 40' BB N/A Zoning Report Case No. 0207 -01 (Owen Norton) Page 3 The subject property is platted as 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16. 17. 18, and 19, Surfside Addition. A plat of the property is �• accompanied with the PL'D and is ready for Planning Commission action in conjunction g J with the Planned Unit Development. E p J Staff recommends approval of the "B -4 /PU D" General Business District with a Planned Unit Development -2 Overlay Staff Recommendation Approval of the "B -4; PUD -2" General Business District with a Planned Unit Development 2 Overlay with the following conditions. 1. Development must be in accordance with the attached site plan. 2. The single - family residences will be provided access via a 20 foot wide private drive. 3. Each side of the private drive shall be clearly identified as a Fire Lane / No Parking permitted at any time. 4. The single - family lots with a minimum lot size of 65 feet by 30 feet. 5. The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 6. The maximum height of buildings shall not exceed three stories. 7. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. The single - family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. Approval of the "B- 4rPUD -2" General Business District with a Planned Unit Development - 2 Overlay with the following conditions. 1. Development must he in accordance with the attached site plan. 2. The single - family residences will be provided access via a 20 foot wide private drive. 3. Each side of the private drive shall be clearly identified as a Fire Lane / No Parking permitted at any time. 4. The single - family lots with a minimum lot size of 65 feet by 30 feet. 5. The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 6. The maximum height of buildings shall not exceed three stories. 7. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. The single - family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. Number of Notices Mailed - 22 Favor 3 Opposition 0 (As of March 30. 2007) Attaciments: Zoning Map PUI) Site Plan H PLN- DIR\SHARED`,Beverl\ 1007 PC LONRPTS \February \CC Reports \0207 -01 Owen Norton.doc R RE RA 418 R IC A A IA A -2. AT AB Farm Rural District Residential Estate District One Family Dwelling District One family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment House District Apartment House District Apartment- Tourist District ?rofessionai Office District R-T R -2 T -lp -1% HC I I SP PUC Case 0207 -01 NOTICE MAP Townhouse Dwelling District Multiple Dwelling District Travel Traler Park District Manufactured Home Park District Manufactured Home Subdivision District Historical-- ultura- ._andmark Preservation Light Industrial District Heavy Industrial District Special Permit Planned U Development B -1 Neighborhood Business District B -1A Neighborhood Business District B -2A Barrier Island Business District 8 -2 Bayfront Business District BD Corpus Christi Beach Design Dist. B -3 Business District 8 -4 General Business District 8 -5 Primary Business District 8 -6 Primary Business Core District I -1 Limited Industrial District Feet O2 /O1/O7SRR VS_ \IN °on • a ' a E, S , 1 04, ' 1 I I a, I ch—Sf. ,-- 10 6L I a z CG a § L. ql N ,TO1-PT 3,99N CN z z 0 f)-- cD L. 0 uJ C7) MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 21, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza. Vice Chairman Fred Braselton Atilano J. Huerta F.von J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 7:02 p.m. James Skrobarczyk John C. Tamez COMMISSIONERS PRESENT: L CALL TO ORDER — 5 :30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Dan McGinn, City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary V. PLANNED UNIT DEVELOPMENT 1. Tabled Items a. Case No 0207 -01 Owen Norton: A change of zoning from a "B-4"General Business District to a "B- 4/PUD -2" General Business District with a Planned Unit Development — 2 Overlay 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, and 19 of Surfside Addition, located north of Caribbean Drive and approximately 200 feet east of Laguna Shores Road. Mic Raasch presented the above case requesting a `B -4" General Business District and Planned Unit Development Overlay for the purpose of developing a residential community located at Laguna Shores Road and Caribbean Drive. The development will consist of 28 single family lots approximately 2,040 square feet in size. This request was tabled from the February 7, 2007 Planning Commission meeting to resolve some minor issues to allow more flexibility in developing for smaller lot configuration and zero lot lines. There were twenty-two (22) notices mailed out with zero returned in favor and zero returned in opposition. Staff recommends approval subject to the following eight (8) conditions: 1 . Development must be in accordance with the attached site plan. The single- family residences will be provided access via a 20 foot wide private drive. Planning Commission Minutes Februan 21, 2007 Each side of the private drive shall be clearly identified as a Eire Lane / No Parking permitted at an time. 4. The single - family lots with a minimum lot size of 65 feet by 30 feet. The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 6. The maximum height of buildings shall not exceed three stories. The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8. The single- family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. Public hearing was opened. No one was in favor or opposition. Public hearing was closed Motion for approval was made by Commissioner Braselton and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Pusley being absent H.AP1 N- D[R \SHARED,Beverh, 2007 CC \0207 -01 Minutes doc Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY OWEN NORTON, BY CHANGING THE ZONING MAP IN REFERENCE TO 2.12 ACRES OUT OF THE SOUTHEAST ONE HUNDRED FEET OF LOTS 1, 2, AND 3, AND ALL OF LOTS 15, 16, 17, 18, AND 19 OF SURFSIDE ADDITION, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4 /PUD -2" GENERAL BUSINESS DISTRICT WITH A PLANNED UNIT DEVELOPMENT -2 OVERLAY, SUBJECT TO EIGHT CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Owen Norton, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 21, 2007, during a meeting of the Planning Commission, and on Tuesday, April 10, 2007, 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 2.12 acres out of the southeast one hundred feet of Lots 1, 2, and 3, and all of Lots 15, 16, 17, 18, and 19 of Surfside Addition, located north of Caribbean Drive and approximately 200 feet east of Laguna Shores Road, from "B-4" General Business District to "B-4 /PUD -2" General Business District with a Planned Ur* Development -2 Overlay subject to the following eight conditions: (Zoning Map 035028) (Exhibit) 1 Development must be in accordance with the attached site plan. 2. The single- family residences will be provided access via a 20 foot wide private drive. 3. Each side of the private drive shall be clearly identified as a Fire Lane / No Parking permitted at any time. H \LEG -DIR\ Shared \GaryS\ agenda 1200714- 1010rd- Zoning0207 -01 Owen Norton reg.doc Page 2 of 4 4 The single- family lots with a minimum lot size of 65 feet by 30 feet. 5 The minimum front yards shall be 20 feet, minimum rear yards shall be 7.5 feet, and side yards shall conform to the zero lot configuration of the Zoning Ordinance and site plan. 6 The maximum height of buildings shall not exceed three stories. 7 The number of parking spaces must comply with Article 22 of the Zoning Ordinance. 8 The single- family residential development must be constructed in accordance with the requirements of the 2003 International Residential Code. 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, Texans, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy affected, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspeuids 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 10th day of April, 2007. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi H \LEQ --DIR\ Shared\ GaryS\ agenda1200714- 101Ord- Zoning0207 -01 Owen Norton reg.doc Page 3 of 4 APPROVED: April 4, 2007. Smith Assistant City Attorney For City Attorney H. \LEG-DIRIShared\GaryS\agenda12007\4-10\Ord-Zoning0207-01 Owen Norton reg.doc Page 4 of 4 Corpus Christi. Texas day of , 2007 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 votir 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brett Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jessie Noyola Mark Scott HALEG- DIR\Shared \GaryS\ agenda 12007 \4- 10\Ord- Zoning0207 -01 Owen Norton reg.doc Ti --al 1- .1" ifyik, fv3I `•": 7 • ; t ... 7 .". r. iCt 4-- Fd L ,.4 I 0'1;4 I -- 1 10.1 a 1 71„9f:,(11"..fri: S. IN ... , J rL17 Laguna L16 Mean Higher High Tide Line Madre L15 Established October 24, 2005 EIev =1 35 Feet Let 2 L 1 tD J Surfside Addition Vol. 16, Pg. 35, Map Records of Nueces County. Texas LINE = ' RING DISTANCE 11 ' 12.27' C2 < 53'34 16.02' L3 '54'4 i"E 17,33' L4 111E1 ' '20'1 loll 21.37' L5 aEiFifulli. 22.42' 16 I +'38 IRS' 8.95' L7 I ; 7.4311111 14.95' 1-8• "' 31.53' 9^' 23.13' L10 El aMild1111 15.80' L11 11E, :x'10 -NII 9.63' L12 .• 59 21.12' L13 x'22'14 26.97' L14 -s 56' 4"N 16.51' UWE -'08' 28.81 L16`;l' 21.15' L17 U DEMALIIIII 3.48' Map to Accompany FIELONOTES for a 2.12 acre tract of land out of the sou*east one hundred feet of Lots 1, 2 and 3, and all of Lots 15, 16, 17 and 18, Surfside A Lion, a mop of which is recorded in Volume 1 6, Page 35, Map Records of Nueces Co ty, Tunas and all of Lot 19, Surfside A Lion, a map of which is recorded in Volume 1, Page 91, Map Records of Nueces County, Texas. L2 L1 S61'21124"E 455.19 J L11 o 62 $zo 00 va' o� 'mot: m 08 N 0 ce 9 a. 0 c� o 3o v11 zH q_ 8Q 9 in 0 aS J N61'21724 IlW 568.37 N it .79 T Caribbean Drive c 0 c0. c c h 11 00 a5. 4 N28'3$'36"E 184.01' Northwes rthwes Northwest 50' of 50' of 150' of Lot 3 Lot 2 Lot 1 Lot 1 —A Surfside Addition Vol. 42, Pg. 82, Mop Records of Nueces County, Texas Laguna Shores Rd URBA N' DATE: D" SCALE :1-100 2006 ' JOB NO.: 40246.00.00 ENGINEERING SHEET: 1 of 1 :'25 (161 --1101 Fox )8560 6001,% DRAWN 811: XG 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING i City Council Action Date: 04/10/07) Cas No. 17 -04, R. Bryaa Johnson: A change of zoning from a "R-1B" One - Family Dwelling District to a RE" Residential Estate District on property described as 73.442 acres out of Lots 1, 2, 3, 12, 13, 14, 15_ and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive, Waldron Road, and south of Glenoak Drive. Plains Commission & Staff's Recommendation (February 21, 2007): Approval of the RE Residential Estate District. Retlested Council Action: Approval of the "RE" Residential Estate District. Sum!♦ary : • The Request: The applicant has requested a change of zoning from an "R -1B" One - family Dwelling District to a "RE" Residential Estate District to develop a large lot single - family subdivision. The subject property is adjacent to the northwest edge of Waldron Field and located east of Flour Bluff Drive and south of Glenoak Drive. • Background: In 2004, the City Council approved the applicant's request for "RE" Residential Estate zoning of an adjacent 18.21 acre tract of land fronting Glenoak Drive. The applicant wishes to rezone this additional 73 acre tract of land and combine it with the previously "RE" zoned property to develop a large lot residential subdivision containing thirty-seven (37) lots. • Infrastructure: The "RE" District allows for large lot development without curbs, gutters and sidewalks. On -site waste disposal systems are allowed on lots one half -acre or larger with access to public water, provided city wastewater service lines are not within one (1) mile of the property. The nearest available wastewater line is located approximately one -half mile north of the property along Flour Bluff Drive. The Grand Reserve Preliminary Plat of the property was approved by Planning Commission on January 24, 2007 and indicates that the developer will install wastewater lines on- site for future connection to the City's wastewater system. Until the City's wastewater system is adjacent to the subject property each lot will be served by on -site waste disposal systems. • Transportation: Development of this property with the proposed residential development could generate approximately 280 vehicle trip ends per day. The subject property contains frontage on Flour Bluff Drive an arterial; Glenoak Drive, a collector (through the previously zoned tract); and on the future extension of Caribbean Drive, a collector street in the Urban Transportation Plan. • Comprehensive Plan Compatibility: While the subject property is not under the Navy's Air Installation Compatible Use Zones, the west edge of the property is immediately adjacent to Accident Potential Zone -1. Given the close proximity of the Navy's flight patterns from Waldron Field, low density residential uses are consistent with the City's Comprehensive Future Land Use Plan \gen4a Memorandum Case No 0207 -04 (R. Bryan Johnson) Page 2 Noti(ficatiolk: Of the fort} -six (46) notices mailed to the surrounding property owners, zero (0) were returned in favor and one (1) was returned in opposition. The 20% rules not 'evoked. This case is considered non- controversial. MG/FGM /blp Attainments: ) Zoning Report 2) Planning Commission Minutes (02/21/07) 3) Ordinance 1i 1PLN -DIR SHARED'\Beverlv''20(r CC\0207-04 AGE NDAMEMO.doe, Deborah A. Marroquin, P.E. Interim Director of Development Services CITY COUNCIL ZONING REPORT Case No. 0207 -04 City Count Hearing Date: April 10, 2007 Applicant & Levi Description Applicant: R. Bryan Johnson Owner: Same as Applicant Afent: Urban Engineering Legal Description/Location: 73.442 acres out of Lots 1, 2, 3, 12, 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive, Waldron Road, and south of Glenoak Drive. L lisquest Zoning From: "R -1B" One - Family Dwelling District To: "RE" Residential Estate District Area: 73.442 acres Purpose of Request: To allow an estate residential subdivision consisting of thirty-seven single - family lots. aa 9 3 m °rr el N .:3 Zoning Existing Land Use Future Land Use Site { "R -1B" One- family Dwelling District Vacant Low - density Residential North "R -1B" One- family Dwelling District and "RE" Residential Estate District Vacant Commercial, Low - density Residential, and Estate Residential South "R -1B" One- family Dwelling District A.I.C.U.Z. Public /Semi- Public, A.I.C.U.Z. East "R -1B" One- family Dwelling District Estate Residential Low - density Residential West "F -R" Farm -Rural District A.I.C.U.Z. Public /Semi- Public, A.I.C.U.Z. Area Development Plan: Flour Bluff; The Future Land Use Map supports low- density ' residential development. 1 p No.: 037029, 037030 p1 Zoning Violations: None d Zoning Report Case No 0207 -04 (R. Bryan Johnson) Page 2 Staff's Summary • The Request: The applicant has requested a change of zoning from an "R -1B" One - family Dwelling District to a "RE" Residential Estate District to develop a large lot single- family subdivision, The subject property is adjacent to the northwest edge of Waldron Field and located east of Flour Bluff Drive and south of Glenoak Drive. • Background: In 2004, the City Council approved the applicant's request for "RE" Residential Estate zoning of an adjacent 18.21 acre tract of land fronting Glenoak Drive. The applicant wishes to rezone this additional 73 acre tract of land and combine it with the previously "RE" zoned property to develop a large lot residential subdivision containing thirty-seven (37) lots. • Infrastructure: The "RE" District allows for large lot development without curbs, gutters and sidewalks. On -site waste disposal systems are allowed on lots one half -acre or larger with access to public water, provided city wastewater service lines are not within one (1) mile of the property. The nearest available wastewater line is located approximately one - half mile north of the property along Flour Bluff Drive. The Grand Reserve Preliminary Plat of the property was approved by Planning Commission on January 24, 2007 and indicates that the developer will install wastewater lines on -site for future connection to the City's wastewater system. Until the City's wastewater system is adjacent to the subject property each lot will be served by on -site waste disposal systems. • Transportation: Development of this property with the proposed residential development could generate approximately 280 vehicle trip ends per day. The subject property contains frontage on Flour Bluff Drive an Arterial; Glenoak Drive, a collector (through the previously zoned tract); and on the future extension of Caribbean Drive, a collector street in the Urban Transportation Plan. • Comprehensive Plan Compatibility: While the subject property is not under the Navy's Air Installation Compatible Use Zones, the west edge of the property is immediately adjacent to Accident Potential Zone -1. Given the close proximity of the Navy's flight patterns from Waldron Field, low density residential uses are consistent with the City's Comprehensive Future Land Use Plan. Street R.O.Nk Street Flour Bluff Drive Type Paved Section Minor Arterial Glenoak Drive Minor Collector Carribbean Drive Existing: 60' ROW. two lanes, 24' pavement. Proposed: 95' ROW, 64' BB Existing: 40' ROW, two lanes, 20 -22' pavement. Proposed: 60' ROW, 2 lanes with 48' BB. Minor Existing: 40' ROW no pavement. Collector Proposed: 60' ROW, 2 lanes with 48' BB. Volume (2001) 3,530 a.d.p. 3,950 a.d.p. NA Zoning Report Case No. 0207 -04 (R Bryan Johnson) Page 3 Attachments: Zoning Map H:.PL.I .D[R\SHARED'Beverlv\2007 PC\ZONRPTS \February \CC Reports \)207 -04 R. Bryan Johnson.doc The Grand Reserxe Preliminary Plan was approved by Planning Commission on January 24, 2007 Department Comaareats The proposed '`RE" District is compatible to the adjacent residential properties. Approval of the "RE" Residential Estate District. Planning Commission Recommendation Approval of the '`RE" Residential Estate District. Comments mad Number of Notices Mailed — 46 Favor - 0 Opposition - 1 (As of March 30, 2007) Attachments: Zoning Map H:.PL.I .D[R\SHARED'Beverlv\2007 PC\ZONRPTS \February \CC Reports \)207 -04 R. Bryan Johnson.doc NOTICE MAP I F -F RE RA R -1A R -16 k 1C A A IA A 1 A- AB e2 Farm Rural District Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment House District Apartment -louse District Apartment - "purist District Professional Office District Case 0207 -04 R -TF• Townhouse Dwelling District R -2 Multiple Dwelling District T -1A Travel Trader Park District T -16 Manufactured Home Park District T -1C Manufactured Home Subdivision District HC Historical -C oltural landmark Preservation I.2 I -3 SP PUD Light Indi.strial District Heavy Industrial District Special Permit Planned Uric Development B -1 B -1A B -2A B -2 BD B -3 6 -4 B -5 B -6 I -1 Neighborhood Business District Neighborhood Business District Barrier Island Business District Bayfront Business District Corpus Christi Beach Design Dist. Business District General Business District primary Business District Primary Business Core District Limited Industrial District Feet HK/O6FEBO7 1. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 21, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. I- Iuerta Evon J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 7 02 p.m. James Skrobarczyk John C. Tamez. COMMISSIONERS PRESENT CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldafia, AICP, Senior City Planner Dan McGinn, City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary V. ZONING 2. New Zoning a. Case No. 0207 -04 R. Bryan Johnson: A change of zoning from a "R -1B" One - Family Dwelling District to a "RE" Residential Estate District 73.442 acres out of Lots 1, 2, 3, 12, 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive. A aldron Road, and south of Glenoak Drive. Dan McGinn presented a Power Point presentation reviewing the above case requesting a "RE" Residential Estate District from a "R-1B" One - Family Dwelling District. The subject property is currently vacant and located south of Glenoak Drive between Flour Bluff Drive to the west and Waldron Field to the south. In 2004, an adjacent 18.21 acre tract of land was approved for an "RE" Residential Estate fronting on Glenoak Drive. The applicant is planning to combine the subject property of 73.442 acres with the 18.21 acres to build a large lot residential subdivision. The existing land use consists of vacant land to the north, estate residential to the east and A.I.C.L.Z. (flight hazard zone) to the south and west of the subject property. The future land use map calls for low density residential which is consistent with this request. The plat for this property' was approved on January 24, 2007 and the developer will install wastewater lines on -site for future connection to the City's wastewater system. There were forty-six notices nailed out with zero returned in favor and one received in opposition. Staff recommends approval of this request Planning Commission Minut.s February 21, 20(r In answer to Commission Martinez, Mr. McGinn stated each lot is approximately 1.3 to 1.7 acres in size and is compatible with the Grand Reserve Plan. In answer to questions regarding proximity of the development to the air fields, Faryce Goode -Macon stated that notification is provided to a representative of the Navy keeping them informed of zoning cases proposed in their area. In answer to Commissioner Tamez, acreage fees will be established at the time of platting. Public hearing was opened. No one was in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Pusley being absent. A:\ Pl,"f- DIIt1sHAKEMBeverly._'.007 CC',02(' -04 Minutes.doc AN ORDINANCE MENDING THE ZONING ORDINANCE, UPON APPLICATION BY R. BRYAN JOHNSON, BY CHANGING THE ZONING MAP IN REFERENCE TO 73.442 ACRES OUT OF LOTS 1, 2, 3, 12, 13, 14, 15, AND 16, SECTION 50, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of R. Bryan Johnson, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WI-EREAS, with proper notice to the public, public hearings were held on Wednesday, February 21, 2007, during a meeting of the Planning Commission, and on Tuesday, April 10, 2007, 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 73.442 acres out of Lots 1, 2, 3, 12, 13, 14, 15, and 16, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located between Flour Bluff Drive, Waldron Road, and south of Glenoak Drive from "R-1B" One - Family Dwelling District to a "RE" Residential Estate District. (Zoning Maps 037029 and 037030) (Exhibit) 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 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. 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 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regt,ar meetings so that this ordinance is passed upon first reading as an emergency measure on this 10th day of April, 2007. ATTEST: CITY OF CORPUS CHRISTI Arrnndo Chapa Henry Garrett. City Secretary Mayor, City of Corpus Christi APPROVED: April 4, 2007 ary►4b / Smith Assistant City Attorney For City Attorney H \LEG- DIR \SharedlGaryS\ agenda \200714- 10\Ord- Zoning0207 -04 R.Bryan Johnson reg.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 TO ME 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott HALEG-DIR\ Shared\ GaryS\ agenda12007 \4- 101Ord- Zoning0207 -04 R. Bryan Johnson reg.doc Glersook I r,,■•• C0f11(,.. i L " • A el A,r f-y Caribbean !'..4 pileciicl - • •••S"--7–t–cn-17c.....–, - St Cult,i01,cr1 1.■.',, pinif'..c I , - -c 1: of c. Ookdole 0 Das Caribbean r enook Drive LI 1, ES* Vol. 62, Pg. 52 M.R.N,C T LOCATION MAP N. T.S. Verrneulen Tract Vol 50, Pg 27, N291:140.00E N.C.T. 21.29' S60'57'094 1320.01' tot 5, Section 50 —tit–. 1.• 1 0 73.442 Acres Out of 0 Lots 1,2,3,11,12,1305, and 16, tf:1 1 flour Bluff and EnSinoi Form cod Carden Tracts, Vol. A, Pgs. 41-43, Mop Records of Nueces County, Texas ! Petit Soolrinkto Let 1, Svelte 50 Rezonedlto Lot 5 %oil. 50 S61 00'00E 660.00' 1-3 Ccribbean Drive Let 15 Section 50 Lel .4, Sect.. 50 Viagan pietwrzrw wagon St S61'013.00E 141554.9941 N61*00'00"14w .09.261 .j.g_418,1° z OW) S29'00:10W 3.72 N61 '00.00W 593.17' Exhibit B MI) to Accompany Fieldnotes for the rezoning of o 73.442 acre tract of land (not based on on on-the-ground survey) out of Lots 1,2,302,13,14,15, and 16, Section 50, Flour Bluff and Encinal Farm and Gorden Tracts, o map of which is recorded in Volume A, Pages 41-43. Mop rcords of Nueces County, Texas and o potion of Flow Muff Drive, o public roadway, and portion of Caribbean Drive, o public roadway. Hlghkind Oaks Unit 5 Vol. 65, Pg. 123-124, M.R.N.C.T. 1. Peter Street st irl.11;111 0 MINNS • lig)-s" °' MINIM 4igth17111 S61'00'09E 165.00 s 4.4 13, Sectlion 50 N61'00'00'1W 827.06' ace ct. al 600' URBA °Alt' :1;t630%. 20°6 ENGINEERING cour4err: 1/ Triki A74° 1925 SISOMOC caws awn MOS prosso-xe roc (.'Mo-wor ) DRAWN BY DI. 02007 b Urban En•Ineering 0 201 0 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the Crosstown Commons Development Proposal STAFF PRESENTER(S): blame 1. Gorge K. Noe 2. 3. OUTSIDE PRESENTER(S): Title /Position City Manager 'lame Title /Position 1. Jeff C. Brewer 2. Jeffery L. Hess 3. John Bell Department Organization CBL & Associates Hawkins Companies,LLC Wood. Boykin & Wolter, P.C. BACKGROUND: A joint venture comprised of CBL & Associates Properties, Inc. and Hawkins Companies, LLC has an approximately 227 -acre tract of land under contract to be developed into a mixed use project tentatively named Crosstown Commons. The 227 -acre tract is bounded by the Crosstown Expressway Extension, Holly Road, and Greenwood Drive immediately behind the TxDOT offices and existing commercial properties on S.P.I.D. The Developers are nearing the end of their due diligence period in connection with the acquisition and have created plans for a life -style shopping center, a power center and additional mixed use development. Staff from Development Services and various other City departments has been working with the Developers over the past few months on the various requirements for the development, timetables, and necessary infrastructure improvements. The Developers are prepared to make an initial presentation concerning the Project to the Council introducing the joint venture partners, the plans for development and issues to be addressed. Staff will continue working with the Developers on the necessary agreements, with a follow -up presentation and recommendation for possible actions by the Council. REQUIRED COUNCIL ACTION: None PowerPoint X rge K. Noe City Manager 24 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 10, 2007 A. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2007 Consolidated Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible recommendations on a list of projects /activities to be funded. ISSUE: HUD regulations require a public hearing prior to adoption of the Consolidated Annual Action Pkin. REQUIRED COUNCIL ACTION: Conduct public hearing with Council discussion and possible recommendations on a list of projects /activities to be funded. FUTURE COUNCIL ACTION: Final adoption of the FY2007 Consolidated Annual Action Plan on April 17, 2007. RECOA IENDA►TION: It is recommended that a brief presentation be made to the City Council at the oper ing of the public hearing so that staff may outline the FY2007 Consolidated Annual Action Plan and recommended programs. After the public hearing is concluded, the City Council may, at their discretion, discuss and possibly recommend on a list of projects /activities to be funded under the FY2007 Consolidated Annual Action Plan Program. 4• Dan el Gal gos .,'CD Administrator ADDITIO$AL SPORT MATERIAL Background Information BACKGROUND INFORMATION A one -year Consolidated Annual Action Plan (CAAP) 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's FY2007 entitlement allocation is $5,306,262 which includes: $3,480,612 Community Development Block Grant (CDBG) $1,649,582 HOME Investment Partnerships (HOME) $150,498 Emergency Shelter Grants (ESG) $25,570 American Dream Downpayment Initiative (ADDI) In addition, program income of approximately $470,000 from loans provided during previous CDBG years, $111,835 of reprogrammed funds and $65,569 of Demolition Lien /Clearance of Vacant Properties Program Income is also available for the CDBG Program. Therefore, a total of $4,128,016 is available for the FY07 CDBG Program. Also, program income of $175,385 from loans provided during previous HOME years, $702,898 of reprogrammed funds and $25,570 of ADDI funds are also available for the HOME Program. Therefore, a total of $2,553,435 is available for the F"Y07 HOME Program. The allocation indicated above reflects a decrease in the CDBG entitlement program of $8,795 Tess than FY06, a $16,422 decrease in the HOME entitlement program and a $1,173 increase in the ESG entitlement program from last year. Since 1975, The City of Corpus Christi has been appropriated more than $151 million through HUD for the CDBG Program that includes approximately $13.9 million of program income generated through the various programs administered by the Community Development. The HOME Program began in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $24.9 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. The ESQ; Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services /homeless prevention activities. Since 1987, the City has received more than $2.37 million in ESG funds. Public I- arings/Citizens Participation Process Community Development held a public hearing during a Technical Assistance Workshop on February 8, 2007. The City Council public hearing on the FY2007 CAAP has been scheduled to follow the regular City Council agenda on April 10, 2007. After completion of the public hearing, the Council will have the opportunity to discuss with possible recommendations on a list of projectssctivities to be funded under the program for the FY2007 CAAP. Final adoption of the FY2007 CRAP will be brought before the City Council on April 17, 2007 for approval. Publication of the firs! FY2007 CAAP will be published on April 29, 2007 allowing citizens' time to review and commert prior to submission of the CAAP in addition to the public hearings.