Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 05/08/2007CITY COUNCIL AGENDA MAY 8, 2007 Corpus Christi - Prociarr a cr debar) g tr e month of May as 'Asian /Pacific American Month" Prociama iot declaring the month of May as `Elderly Abuse Prevention Month" "Adoe Down town to oject Recognition Certificates" AGENDA CiTY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MAY 8, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provider an opportunity to address the Council at approximately 12:00 p.m. or at the end )f the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Sec-etary Sr Listed desea dirigirse al Corp ilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas :le/ Concilic: Para ayudarie Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to ;:ontact the City Secretary's office (at 361 326-3105) at least 48 hours in advance so that appropriate arrangements can be :jade A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend David Farrington, Unitarian Universalist Church of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Rex Kinnisor. Councl Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Oouncil Meetinc May 8, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES Approval of Regular Meeting at April 1 ', 2007, Special Meeting o* April 22. 200, and Regular Meeting of April 24, 2007. (Attachment #1 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. SPECIAL PRESENTATION: Storm Water Improvement Projects Completed in 2006 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member cr a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have seen acted upon. The remaining items will be adopted by one vote CONWNT LOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: at this point the Council will vote on all motions, - esolutions and ordinances not removed for individua consideration E a Pegu ar : ;ouneii Meeting May 8, 2007 Jage 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving a service agreement with Jones & Cook Stationers, of Corpus Christi, Texas for office supplies, equipment and furniture in accordance with Bid Invitation No. BI- 0002 -07 for an estimated three -year expenditure of $2,026,129.36 of which $112,562.74 is budgeted `or the remainder of FY 2006 -2007. The term of the service agreement will be for thirty -six 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 Office supplies, equipment and furniture will be purchased by all City departments. Funds are available in The using departments' Operational Budgets in FY 2006 -2007 and will be requested for FY 2007 -2008 and subsequent fiscal years (Attachment # 2) (Requires 2/3 vote) Motion approving the purchase of a digital imaging management system from Linear Systems, of Rancho Cucamonga, California for a total amount of $165,268..50. This award is made pursuant to Section 271.103 of the L ocal Government Code which allows the City to purchase goods or services available under federal supply schedules of the United States General Services Administration. This system will be used by the Police Department. Funds are available in the Law Enforcement Trust Fund. (Attachment # 3) (Requires 2/3 vote) 4 a Motion authorizing the City Manager or his designee to accept a grant in the amount of $127,500 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Hcuston High Intensity Drug Trafficking Area. (Attachment # 4) 4 b. Ordinance appropriating $-127,500 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area Attachment # 4) (Requires 213 vote) Regular Council Meeting May 8, 2007 =age 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Ordinance transferring $72'5,000 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grant Fund as City required matching funds for the 2006 -2007 Senior Community Services Program Attachment # 5) (Requires 2/3 vote) Motion approving the allocation of $75,387 from the Hotel Occupancy Tax Fund and $31,905 from the General Fund to fund grant contracts with sixteen (16) Arts and Cultural organizations for a total of twenty -three (23) arts projects. Funding was authorized in the FY 2006 -2007 budget (Attachment # 6) Ordinance authorizing the City Manager or his designee to execute a lease agreement with Epic Sports and Entertainment, LP for US Wnd and Water Open 2007 (formerly Velocity Games) and related activities to allow use of McGee Beach, McCaughan Park and Skate Park during May 10 through May 14, 2007. (Attachment # 7) (Requires 2/3 vote) Ordinance appropriating $1,515 130.29 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements; amending Ordinance 026908 which adopted the FY 2006 -2007 Operating Budget to increase appropriations by S1,515,-30,29 (Attachment # 8) (Requires 2/3 vote) Ordinance authorizing the sale of fifty -seven (57) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 30 °%o of the most recent tax appraisal value as described on the attached Exhibit A. (Attachment # 9) 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 $49,912.31 for renovations to the Engineering Annex Storage Building, Phase 1. (Attachment# 10) (Requires 2/3 vote) ger da Regular d juncii Meetinc- May 3, 201)7 °age 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the Cite Manager or his designee to execute Change Order No. 2 for additional excavation, backfill and pavement quantities with Bay Limited, of Corpus Christi, Texas in an amount not to exceed $170,263.4( for the Corpus Christi Internationai Airport Runway 7'35 Imorovements, Shoulders, Lighting, Blast Pads. Signage and Airfield Drainage Improvements, Phase 4 and Corpus Christi International Airport (CCIA) Apron Phase 2 Westside (Parking) Project. (Attachment # 1' ) (Requires 2/3 vote) 12 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to a contract with Freese & Nichols, Inc., of Fort Worth, Texas in the amount of $65,000 for engineering services for the Annual Inspection and Monitoring Program at Wesley Seale Dam. (Attachment # 12) (Requires 2/3 vote) First Reading Ordinance - Amending Chapter 14 "Development Services," Article II 'City of Corpus Christi Technical Construction Codes," Division 8 "Residential Code," Section 14 -291 "Residential Construction Code." of the Code of Ordinances, to amend the definition of townhouse; providing a penalty clause; providing for publication; and providing for an effective date. (Attachment # 13' PUBLIC HEARINGS: ZONING CASES: Case No. 0307 -07, Kris D. Hawkins: A change of zoning from a "R-1B" One - family Dwelling District to an "A -2" Apartment House District on property described as Blue Water Subdivision, Block 1 Lot 6A and the north 25 feet of Lot 6B, located between Laguna Shores Road and Marlin Drive and 500 feet south of Yorktown Boulevard. (Attachment # 14) Planning Commission and Staff's Recommendation: Denial of requested °A -2" Apartment House District in lieu of a "R-1B/SP" One- family Dwelling District with a Special Permit subject to site plans (exterior and interior site plan of structure) and three conditions Agenda Regular Council Meetinc May 8, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Kris D. Hawkins, by changing the zoning map in reference to Blue Water Subdivision, Block 1, Lot 6A and the north 25 feet of Lot 6B, from "R-1B" One - family Dwelling District to "R-1B/SP" One - family Dwelling District with a Special Permit for a Bed and Breakfast Inr, subject to exterior and interior site plans of the structure and three (3) conditions; amending 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) Case No. 0307 -08, Paisano Contractors, LLC: A change of zoning from a "R-1B" One- family Dwelling District to a "B -1" Neighborhood Business District on property described as Barcelona Estates Unit 3, Block 9, Lot 1, located along the southwest intersection of Kostoryz Road and Masterson Drive. (Attachment # 15 Planning Commission and Staff's Recommendation: Approval of a "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Paisano Contractors, LLC. by changing the zoning map in reference to Barcelona Estates Unit 3, Block 9, Lot 1, from "R -1 B" One - family Dwelling District to "B -1" Neighborhood Business 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. (Requires 2/3 vote) 16 Case No. 0307 -09, Southside Ventures, L.P.: A change of zoning from an "A-1" Apartment House District and a "B -1 " Neighborhood Business District to a "F -10 One- family Dwelling District on property described as Foxwood Estates Phase II, Block 2, Lot 4, located or Grand Junction Drive, 300 feet west of Everhart Road. (Attachment # 16 ,aerda Reguiar Council Meetinc May 3, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staff's Recommendation: Approval of a 'R -1 C" One - family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Southside Ventures, L.P., by changing the zoning map in reference to Foxwood Estates Phase II, Block 2, Lot 4, from "A -1" Apartment House District and "B -1" Neighborhood Business District to "R- IC' One- family Dwelling 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 (Requires 2/3 vote) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 17 Second Reading Ordinance - Abandoning and vacating the Erwin Avenue public street right -of -way out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of Oak Lawr Subdivision from Buddy Lawrence Drive to Interstate Highway 37 Retama Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence Drive to the nortr right -of -way line of Huisache Street; Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right -of -way line of Oolima Street; Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet south of Huisache Street, Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Noakes Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Huisache Street between Grace Heights Addition and Harbor View Estates, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue; Huisache Street out of Oak Lawn Subdivision, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Avenue; Grace Drive out of Grace Heights Addition, from Maguey Street to Cenizo Avenue; Ash Street between Oak Park Addition arc Grace Heights Addition, from Poth Lane to Retama =,cue da Regular Council Meetn(a May 8, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion )f Retama Avenue remaining open; Colima Street ow of Oak Park Addition, from Poth Lane to Interstate Highway 37; subject to owner's compliance with the specified conditions. (First Reading 4/24/07) (Attachment # 17) Second Reading Ordinance - Abandoning and vacating a 18.909.80- square foot portion of a 10 -foot wide utility easement out of Lots 2 -16, Biock 1, and Lots 18 -39, Biock 1, Grace Heights Addition, and Lots 1 -12, Block 2, Grace Heights Addition; a 1 203.40 - square iroot portion of a 10 -foot wide utility easement out of Lots 1 -12, Biock 5, Oak Park Addition; a 13,817.60- square foot portion of a 1 0 -foot wide utility easement out of Lots 3 -4 and Lots 6 -8, Block 12 Oak Park Addition Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised, Lots 1 -12, Block 15, Oak Park Addition Revised, Lots 1-12, Block 16, Oak Park Addition Revised, and Lots 1 -12, Block 17, Oak Park Addition Revised; a 17.949.60-square foot portion of a 10 -foot wide utility easement out of Lots 1 -22, Block 1, Oak Lawn Addition, Lots 1 -14, Block 2, CaK Lawn Addition, Lots 1 -5 and Lots 10 -14, Block 3, Oak Lawn Addition, and Lots 1 -22, Biock 4, Oak Lawn Addition; a 1,521.10 - square foot portion of a 1 0 -foot wide utility easement out of Lots 2 -4 and Lots 12 -14, Biock 1, Driscoll Village; requiring the owner, Citgo Refining anc Chemicals Company L.P., to comply with the specified conditions. (First Reading 4/24/07) (Attachment # 18) 19.a Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to Federal Aviation Administration Grant No. 3 -48 -0051- 038 -2006 to extend the scope of the grant to include the Rehabilitation of West GA Apron, Phase 1, Rehabilitation Cr Air Carrier Apron Areas, Drainage Improvements, Phase ti . Acquisition of Runway Sweeper, Conducting Planning Study (Benefit /Cost Analysis to extend Runway 13/31) and Rehabilitation of Taxiway Systems at Corpus Christi International Airport. (Attachment # 19) (Requires 2/3 vote) 19.b Ordinance appropriating 32,818,150 from the Federal Aviation Administration Grant No. 3 -48- 0051 -38 -2006 in the No. 3020 Airport Capital improvement Fund for the Rehabilitation of West GA Apron. Phase I, Rehabilitation of Air Carrier Apron Areas, Drainage Improvements Phase V, Acquisition of Runway L:..ge n+ a Regu iar Council Meetinc May 8, 2007 =age 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Sweeper, Conducting Planning Study (Benefit/Cost Analysis to extend Runway 13.31) and Rehabilitation of Taxiway Systems at Corpus Christi International Airport; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by 52,818, ° 50. Attachment # 19) (Requires 2/3 vote) 19 c Ordinance repealing Ordinance No. 026957, adopted on August 29, 2006, and Ordinance No. 027074, adopted on December 12, 2006, which appropriated a total of $451,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services relating to improvements at the Corpus Christi International Airpor (Attachment # 19) 20 First Reading Ordinance Amending the Code of Ordinances, C?ty of Corpus Christi., Chapter 17, regarding hotel occupancy taxation; providing for penalties; providing for publication. (Attachment # 20) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 21 2007 Health Benefits /Risk Management Fund 2' Quarter Report (Attachment # 2" ) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting, therefore, please speak into the microphone located at the podium and state your <<iame and address. If you have a petition or other information certaining to your subject, please present it to the City Secretary. ) S, usted se dinge a la Jdnta y cree que su ingles es limitado, habra an interprete ingles- espanoi en la reunion de 'a junta para ayudarle. - ger:Ja Regular Oounci Meeting May 3, 2007 7 age 1C CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session a` any time dunng 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. 0. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns: current topics raised by media; follow -up on Staff assignments, scheduling of future Council meetings and activities; and other brief discussions regarding city - related matters. 22 LEGISLATIVE UPDATE Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature 23 CITY MANAGER'S REPORT Upcoming i ems 24 MAYOR'S UPDATE 25 COUNCIL AND O"-HER REPORTS age da Regular Council Meeting May 8, 20(.7 image 1 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ADJOURNMENT POSTING STATEMENT: This agenda was posted on the C iry's official bulletin board at the front entrance to ":3'ty Hall 120' Leonard Street at : J 5 p.m., May 4. 2007. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 PRES�N7 Mayor Henry Garrett Mayor P ~c Tem Rex Kinnison Council Memoers Brent Chesney Melody Cooper Jerry Garda BW Kelly John Marez Jesse Noyo a Mark Scott MINU TES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April -7 2007 - 10 00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Gartet called the meetinc to order n the Council Chambers of City Hall. Tie invocation was delivered by Reverend Buddy Barnett of the Cathedral of the Palms and the Pledge of Allegiance t.c the United States flag was led by Council Member Jesse Noyola. Mayor Garrett ceded for approva of the minutes of the regular Council meeting of April 10, 2007 A notion was made and passed to approve the minutes as presented. A_xx..x.x* Director of Engineering Ancel Escobar briefly informed the Council about the Wastewater Oap tai Improvement Projects competed in 2006. Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). There were no comments from the c ablic City Se :retari Chapa polled the Council for their votes as follows: MOTION NC). 2007 -099 motion approving a supply agreement with A Y McDonald Mfg. Co., of Dubuque, Iowa for approximately 6.625 gas peter valves ranging in size from 1 inch to 1 '/2 inches in accordance ',vith Bid Invitation No BI- 0121 -07 based on low total bid for an estimated annual expenditure of$104,220.25 of which $26,055 is budgeted in FY2006 -2007. The term of the supply agreement will be for twelve months with an option to extend for up to two additional Twelve- month periods subje:t tc the approval of the supplier and the City Manager or his designee. Funds -Ave bee I budgeted by the Gas Department in FY 2006 -2007. The forego,rg motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Key KiniTson Marez. Noyola, and Scott voting "Aye ". MCTION NO 200:` 100 Motion approving the purchase of two (2) tractors and one (1) heavy duty rotary weed cutter from Coasta Plains Equipment Company, of Corpus Christi, Texas in accordance with Bid Invitation Nc BI- 0132 -07 based on low bid for a total amount of $84,400. These items are cur:chased fr;r the Parks an , Recreation department and Storm Water Department All wMinutes - Reguia' :.Darr: Mee ACri 17' 2007 - Face _. -ems are reo acer -ents ' e fleet Funds are available in the Capital Outlay Budget of the 'ilaintena'ce Se,,; yes a^ foregoing mc° on was c;assed and approved with the following vote: Garrett, Chesney, ',caper Garcia Kelly. K ne son Marez. Noyola and Scott, voting "Aye ". MOTION NO 20C. -10- Motion authorizing The Cry Manager or his designee to accept grant funding in the amount of 325,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Deparmen- and to execute all related documents. he foregoing ma': .)n was tiassec and approved with the following vote: Garrett, Chesney, coper Garcia Kelly_ Kann son Marez Noyola. and Scott voting "Aye ". ORDINANCE NO )27219 Ordinance appropriating $25,000 from the Texas Department of Transportation for the funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in thy. Nc 1361 Police Grants Fund. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote Barrett 2;hesney Cooper Garcia. Kelly Kinnison, Marez, Noyola and Scott. voti ^c "Aye MOTION NC). 200 -102 Motion approving he '1/e'er Arterial Transmission and Grid Main Construction and Reimbursement Agreemer: submitted by Fence Lake Investments, Ltd., owner and developer Of Hil Country Estates ocated east of McKinzie Road (FM3386) and north of Kingsbury Drive for the !nstadaticn of 636 - linear feet of a 12 -inch PVC water grid main. The foregoing mot::in was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Ke ly, K nn! Son Marez. Noyola and Scott voting "Aye ". 5 b ORDINANCE NO. 027220 Ordinance approprating $43..450.43 from The Water Arterial Transmission and Grid Main Trust Fund No 540450 -218C5 -4030 to pay the Fence Lake Investments, Ltd. reimbursement request for the !nsta lation of 636 - Linear feet of a 12 -inch PVC water grid main to develop Hill Country Estates An emergency was declarec and the foregoing ordinance was passed and approved with the following vote Jarrett Chesney, Cooper Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting ".Aye" MOTION NC. 2007 103 Motion authorizing the City Manager to execute a Deferment Agreement with Landmark Valley Homes, Inc (Developer), in the amount of $116,754 for the construction of public concrete sidewalks along Richter Street, Candace Street, San Javier Street, Ryland Street, Santa Olivia Stree° Santa na Street, Santa Sofia Street, and Santa Lucia Street within M rv.tes -- Regu!ar Meetnnc. 17 _ `i �.cr: � 07 - Pa ae sta Herm.csa Surdivision iThase 1, located north of Holly Road and west of Kostoryz Road, ccordan be with the Plating "7td!nance Section V- Required Improvements, Subsection b 7 a MOTION NO 200: -104 Motion authorizing the City Manager or his designee to execute a contract with Horizon Centre n the amount of $50,000 for the Development Services Process Improvement roject Phase V mp emertat c 1 "he foregoing motion was passed and approved with the following vote: Garrett, Chesney, ;coper; Garcia Kelly Kinn son Marez. Noyola, and Scott. voting "Aye ". ORDINANCE NO 027221 j:) dinance appropnating 850,000 from the Development Services Special Revenue Fund No, 4670 to pay the consultant, Horizon Centre, for consulting services for the Development Services Process improverent Project, Phase IV, Implementation. emergency was declared, and the foregoing ordinance was passed and approved with n`3 following vote Gat-ett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, votin 'Aye 8 ilDRDINANCE NO 027222 Ordinance authorizing the City Manager or his designee to execute a ten -year reciprocal ber license agreement wit i Grande Communications Networks, Inc. ( "Grande ") for the City receive use of approximately 82 9 miles of Grande fiber, and Grande to receive use of approximate / 18 miles , - Girt fiber providing for refund of $100,000 security deposit established in the Srande iiiabie franchise The foregoing ordinance was passed and approved on its second reading with the following "cite: Garrett Chesney Cc open Garcia. Kelly Kinnison, Marez, Noyola, and Scott, voting 'Aye . r, * >zx* Mayor Garrett referred to Item 9 and a motion was made, seconded and passed to open the public hearing on t ^e following zor ng base Case No 0207 -05 Glenn Butler A change of zoning from a "B -1" Neighborhood District and a 'T-1B" Manufactured Home Park District to a "B -3" Business District on the property iescribed as 0 90 acres ou: of L31: 1, Bob -Rose Rice Addition 2, located east along Waldron Road and approximately 1 iD00 feet north of Caribbean Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -3' Business District No one appeared n oppos tion to the zoning change. Ms. Cooper made a motion to close the pub lc heannc seconced by M' Scott, and passed Mr. Chapa polled the Council fortheirvotes as follows Mrute Regular Coup _ . Meet,n Ac I 1 :,00' Pace DRDINANCE NC! 027223 /Amending the Zorn ng Ordinance upon application by Glenn Butler, by changing the zoning -nap it reference to 0 9C acres out of Lot 1, Bob -Rose Rice Addition 2, from "B -1" Neighborhood Business E istnct and `T -1 B° Manufactured Home Park District to "B -3" 3usiness D strict, :Dmencin the omprehensive Plan to account for any deviations from the sting Comprehensive Plan proving a repealer clause; providing a penalty; providing for olicaticr emerge ncy Na.r declared, and the foregoing ordinance was passed and approved with ne following vote Garrett,:Tesney. Cooper.. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting Ave 'rlayor Garrett referred 7C item 1, and a motion was made, seconded and passed to open the ;pub c nearing the `DIlowing zonii case Case Nc. 0307 -02; DB Ventres LLC. A change of zoning from a "B -3" Business District to B-4" General Business District on propel described as Flour Bluff Estates, Block K, Lots 4 15, 16 17 18 23 24.:25. H, and 27 located approximately 100 feet north of South Padre Isiand Drive between Recreation Drive and East Lakeside Drive. City Secreta -y Chaoa stated °hat e Plann ig Commission and staff recommended approval B ..general Business D sir,_ vc one appeared oppes,t r n to the zoning change Mr. Kinnison made a motion to close the pubic nearing seconded by Ms Cooper and passed Mr Chapa polled the Council for their votes as fellows ORDINANCE NO. 027224 emending the Zon. ig Ordinance Lpon application by DB Ventures, LLC, by changing the zoning map in reference to Flour Bluff Estates, Block K, Lots 14, 15, 16, 17, 18, 23, 24, 25, 26 and 27, f7om B 3" Business District to "B-4" General Business District; amending the o" "preteens ve Pion n to acc. unt or any deviations from the existing Comprehensive Plan; v i-cviding a repeale - clause cro'y ding a penalty providing for publication. emergency was deciareci and the foregoing ordinance was passed and approved with the following vote Barrett ;hesney Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye' Mayor Garrett referred to Item 1 and a motion was made, seconded and passed to open 'he pubic hearing on the following zoning case Case No. 0207 -06. MER Investments, LLC A change of zoning from a "F -R" Farm -Rural District to a 'B-4" General Business District on the property described as 10.000 acres out of a 259.98 acre tract of land out of the Gregoro Farias Grant, Abstract 592, located east along L S Highway 77 and aporo.irnately 7 000 feet south of Up River Road. City Secretary Chapa stated tnat the Planning Commission and staff recommended approval -B-4` General Business District Minutes -- Reguiar ,:rounc Meetnc =,cr': 17 2907 — Page No one appeared opocsr on to :he zoning change Mr Kelly made a motion to close the c,uloi c hearing, seconded ry Mr Garcia and passed Mr Chapa polled the Council for their votes as follows ORDINANCE NO J27225 ;,mending the Zon ig Ordinance upon application by MER Investments, LLC, by changing ne zoning map in -eference to J 000 acres out of a 259.98 acre tract of land out of the Gregorio Ferias Grant Abstract. 592, from iF -R Farm -Rural District to "B -4" General Business District, amending The Comprehensive Plan to account for any deviations from the ex sting Comprehensive Plan: providing a repealer clause; providing a penalty; providing for u Jiicatlon An emergency was declared, ant the foregoing ordinance was passed and approved with me following vote Garrett, Chesney, C000er, Garcia, Kelly, Kinnison, Marez, Noyola, and coot, voting 'Aye # Mayor Garrett opened discussion on Item 12 regarding an Arterial Transmission and Grid Main Construction and Re mbursernent Agreement. Johnny Perales, Acting Assistant Director of Development Services presented :his tem Thee were no comments from the audience. City Secretary Chapa oniied the CCJnc i for -neir votes as follows: MOTION NC 20C - -105 Motion approving r_ne Arteriai Transmission and Grid Main Construction and Reimbursement ,Agreement submitted by MER Investments. LLC, owner and developer of MER Subdivision, Block 1, Lot 1 Located east of US Highway 77 and south of County Road 52 for the istallation s 1 6C ?- linear feet of 12 -inch "'VC water grid main. he foregoing motion was passed and approved with the following vote: Garrett, Chesney, --toper. Garcia Kelly K nn son Marez, Noyola and Scott, voting "Aye ". ORDINANCE NO 027226 Ordinance appropriating S- "'3,472 75 from the Arteria. Transmission and Grid Main Trust and No 540450- 21805 -4930 to reimburse MER Investments, LLC for the installation of 600- linear feet c' a 12-ini in PVC grid main to develop MER Subdivision; Block 1, Lot 1. An emergency was declared, arc the foregoing ordinance was passed and approved with the following vote Garrett Chesney Corner Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting 'Ave Mayor Garrett opened discussion on Item 13 regarding the request to exempt the 1 -69 International Trade Corridor in the '.egis ative session. City Manager Noe presented this item. Gary Busnell. representative for the Alliance for I -69 Texas, spoke regarding the moratorium passed by the House of Representatives :o tielay for 24 months any action by the Texas Department of T anspertation tc ouHd a :oil road He added that this action could impact the development schedule .. i -69 'Council Members asked questions regarding exempt metroplex projects; the inclusion of planning in the moratorium, the latest map of I -69; historical registrations and utility right -of -ways on Highway 7; and the Sou :aside Mcnility Corridor City Secretary Chapa polled the Council for their J ; es ac fellows "vi .ate - Regular Coi rc Meer n;; A r, 17 0007 - RsESOLUTION NC 02722- gesolurior requesting -hat the 50` Texas Legislature consider exempting the 1 -69 ,ternarionai .grade Condo' from .any. restrot ons or moratoriums on transportation projects. he foregoing resolution was passed and approved with the following vote: Garrett, Chesney: Cooper Garcia Kerry Marez. Noyoia. and Scott. voting "Aye "; Kinnison was absent Mayor Garrett opened d scuss on on Item 14 regarding the FY2007 Consolidated Annual Acton ?Ian (CAAP. D2niei Ga iegcs Community Development Administrator, provided an overview cf the Ccn,muniti, Development Block Grants (CDBG), Emergency Shelter Grants (ESG) and Home Investment Partnership (HOME) programs. He added that Council recommended funding additional projects and staff's recommendations included the following: removing the allocation of $75:000 fro-ri I3DBG - Master Plan fc r ADA Compliance: City Wide for CDBG Tracts; aliocati -.g 315,000 roi the DBG - 'oasra' Bend Center for Independent Living for a new roof and nrer or 7ahabi tat a iocar.ng $25 000 to CDBG - Greenwood Molina Children's an er/Ccnoolage 7ark 3,1a-sating $35;000 io CDBG - Universal Little League; and allocating $20 00C of reprogrammed 'unds to _CDBG - Downtown Infrastructure Improvements. Mr. Gallegos said that staff was icoking at other revenue sources to assist funding CDBG - Charlie's Place Water and aewe` Lines i`ulayor Garret* am .,un ed at uncii Members Marez and Noyola would like to make dig; 'osu e staterrmr-F, cincil Mere ,e' N(,yola made the following statement. -ublicly disclose hat 1 sei ue as a member of the Lexington Manor board, which has an asscc a ir,ri with Gen Oay Apartments `urther disclose that with ;n the est year my brother -in -law was a member of the Del Mar CoIege `3card act vty brother , aw iibta filar ciai interest or benefit from a CDBG or HOME My brother-in- aw and I wrl have r,o `financial interest in any contract with respect to a CDBG or HOME activity or is proceeds will abstain from participation in al deliberation and voting of funding related to Glen Oak Apartments and Dei Mar Colleoe Memoer Marez mace the Following statement: publicly disclose that through my profession, I regularly deal with the ARK Assessment Center and the Emergency Shelter ror Youth I A/id obtain no financial interest or benefit from a CDBG, ESG or HOME activity. 1 wm'-.1 have no financ al interest in any contract with respect to a CDBG, ESG or HOME activity c' firs proceeds Min u-.es _ Reguia C ounci Meet nq 1 7 2! Q7 — Pace will abstain from participation in ail deliberation and voting of funding related to the ARK Assessment Center and to Emergency Shelter for Youth." There were carments from the audience City Secretary Chapa polled the Council foi their :c •es as fel cws 4 a MOTION NO 200 -106 fraction adopting thr FY 2007 Community Development Block Grant (CDBG), Emergency Shelter Grant 'ESG and HOME Programs T forego rc motion was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia. Kelly, Kinn son Marez, Noyola, and Scott, voting "Aye ". (NOTE: Marez abstained from the vote arc discussion on the portion of the motion related to The Ark ssessmem Cente and the Emergency Shelter for Youth projects; Noyola abstained on the iota and dis _ussicr on the oortic r_ of the motion relating to the Glen Oaks Apartments and e Mar Ccl!ege or ejects 14 p RESOLUTION NO 02722E Resolution adopting the P' 2007 Consolidated Annual Action Plan, which includes the Community Development f3 lock. Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Prcarams authorizing the City Manager or his designee to submit the FY 2007 Consolidated Annual Actior Plan to the United States Department of Housing and Urban Development and authorizing the City Manager or his designee to make changes in the FY 201)7 Consoi,datec Annua Action Plan ni required by the United States Department of Hciiising and ter; a - Deve cme he foregoing resolution was passed and approved with the following vote: Garrett, th:esney, Cooper i.3arpla Kelly K inn son, Marez, Noyola, and Scott, voting "Aye ". (NOTE: Marez abstained from the vote and discussion on the portion of the resolution related to The rK Assessment Center ano the Emergency Shelter for Youth projects; Noyola abstained on the vote and discussion on the portion of the motion relating to the Glen Oaks Apartments and Del Mar College projects-) Mayor Garrett called for petitions f-om the audience. There was no public comment. Mayor Garrett caked for the C ty Manager's report. City Manager Noe announced that Wednesday, April 18m at ' 30 p m the Storm Water Department would be conducting their annual exercise on installing the Storm Surge Levy Protection Gates near the Port of Corpus Christi. City Manager Noe announced the Kickoff of the Neighborhood Improvement Program (NIP) scheduled for tonignt at6 00 p m. at Lexington Elementary School. Mr Noe said that additional conversations with Texas A & M Universry — Corc_s Christi are being conducted regarding South Guth Park as an expansion site Mayor Garrett called for Counc,' concerns and reports. Council Member Marez spoke egarding concerns of loitering at the Lacor Ready building by the neighborhood association for the Minutes -- Regula ::bun Meetin acr. 1- .. 007 _ 7ade Lanier and r.T-'ingtor Drive area ; bunch Member Noyoia spoke regarding complaints of old res arl high weeds a- the O'Day area ditches ;,v Secretor/ Armando Chapa sad a Special Meeting would be held Sunday, April 22"d at 9 K. a wo canvass the '; ?suits cf the Acr'I 14 "'' General Election C uncii Member asKea staff to investigate a failing manhole on Flour Bluff Drive. Councii Member Ke :y asFed staff to revisit the study regarding flooding issues in the Gateway Mobile Home Park Mayor Garrett any~ aunced 'gat = Ycciamat ons and the At Your Service Award would be oresentec at 1, .4=,; a rr There beinc, no fu"ner business to come before the Council, Mayor Garrett adjourned the Couloir meeting at 10 42 m .nn April 17. 2007 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 CDBG PROGRAM FY2007 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens /Clearance of Vacant Properties Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2007 CDBG PROGRAM $3,480,612 $131,835 $65,569 $470,000 $4,148,016 PROJECT & DESCRIPTION Page Request Staff Recomm .City Council Adopt Area Street and Drainage Improvements Phase 2B Helen & Theresa Street T- e p -oject consists of: Helen Street from Gollihar Road to Sunnybrook Road: Consists of 1250 I.f street pavement, underground drainage. curb and gutter, sidewalks, ADA requirements driveways and uti'iity improvements (water and wastewater). Theresa Street from Helen Street to Evelyn Stree: Consists of construction of 300 l.f. street pavement curb and gutter, sidewalks, ADA requirements and driveways. 1 $476,000 Ben Garza Gym This would be Phase 1 of 2 of the Ben O::arza Master Plan which includes the planning, design and construction of the parking 'ct and trail system in the park. 3 $125,000 Broadmoor Senior Center Phase of 3 to expand the Broadmoor Senior Certer. This would include planning and design which incibdes building approxirrately 2.000 additional square feet of usable space for ennancing educational nutria nn, health and wellness and multigenerational activity modLies 4 $125,000 CDBG Program Administration This project wilt funs staff salaries and administrative costs. Staff is responsible for administering the Community Development Block :',rant (CDBG), the HOME Investment Partnership (}TOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and `SG federal regulat ons, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipient's, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon federal wage rate requirements. Current funding $508,000 Clearance of Vacant Properties Program nis activity will entail the clearance of vacant properties by the removal of weeds, (rubbish, brush, debris accumulation; and other unsightly, objectionable or unsanitary matter in all CDBG eligible areas to include desigrated Neighborhood Initiative Program (NIP) Areas Liens may be placed against the properties to cover the cost incurred. Current funding $200,000 5 $467,000 $467,000 $467,000 6 $300,000 $200,000 $200,000 Code Enforcement Program he salaries of (4) Code Enforcement Property Advisors. (2) Project coordinators, (1/2) Support clerk will be funded In the amount of $29'.585 The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for eolations of City Code and Health Ordinances. T -'e Neighborhood Initiative Program selects five (5) small neighborhoods within CDBG Target Areas that are in need of compliance assistance. Each area that is selected becomes part of the Neighborhood Pride Program the following fiscal year for continued monitoring and citizen compliance. nspections are conducted on particular code violations. The Property Advisors /Project Coordinators will also implement a comprehensive approach to coordination of multi - departmental teams of City services and programs to address specific needs of each neighborhood. The addition of a Project Coordinator is to assist with the sustainability efforts of the Neighborhood Pnde Program. Current funding $247,000 Cole's Gym This is for Phase 2 of 2 of the project which invofi /es moving the program from T.C. Ayers Center to the former Coles Elementary site. There ',s a desperate need to bring -he facilities up to standards w th mar% interior rE,novations . In add tion, the building is in of new AJ _.nits at the 'ac 'ity_ Currert funding $40,696 8 $297,585 $247,000 $247,000 # PROJECT & DESCRIPTION Page 'Comprehensive Planning Assistance =Continuation f =omprehensive Planing Activ ties including but not limited to: data 'collection, population projections, lard use surreys comments or zoning platting and 8 jother activities design to update comprehensive plan elements or implement adopted k!plans Emphasis will a.so include Master Pier jpdates. The focus for the next few years ilt be data collection and population projections as we must prepare for a federal 'census data gathering timef-ame. Staff will pull together all resources in order to meet 'federal timelines Current funding $53,000 Demolition Program Demolition of substandard structures determined to ne health and safety issues with 50% or more deterioration or the general structure. Each structure will be assessed and ?surveyed as a building case providirg the property owner an opportunity to resolve the ;substandard conditions. If the property owner does not comply within the specified ;amount of time a building case is forwarded to the Building Standards Board (BSB) for 9 :final orders for repair and /or demolition by the property owner. If the property owner again fails to comply with the Board's order, the City is granted authorization to demolish lthe structure. A it en for the cost of the demolition service may be placed on the property as determined by the Code and Zone Administrator. Demolition grants made available for emergency abatement of hazardous structures that create blight conditions for the neighborhood The Demolition grants will be considered on a case by case basis for !property owners meeting the basic eligibility requirements. Current funding $200,000 ;Downtown Infrastructure Improvements 10 !The request for this project is to improve the Dcwntowr infrastructure including lighting, ;sidewalks and other eligible improvements Request Staff' City Council Recomm Adopt 10 $100,000 $53,000 $53,000 11 12 $250,000 $100,000 $200,000 $200,000 $20,000 ;Emergency Home Repair Grant Program Emergency repair grants up 'o $6,50c, are provided tc nomeowners who are 65 years 71 old or older or disabled and very low ncome A majority of the repairs are for roofing, plumbing, electrical, heating and minor structural. It is anticipated that the $550,000 will lenabie us to perform emergency repairs on 84-'00 units Current funding $500,000 °FY 2008 - FY 2012 Consolidated Plan The U.S Department of Housing and Urban Development (HUD) i-equires each local ;jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Gran; (CDBG), HOME investment Partnerships (HOME) & the Emergency Shelter Grant (ESG Programs in accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY2008 for a 5 -year 2 iterm The Plan includes both a plannng document & ar application for the CDBG, ESG & HOME Programs that are developec to acheive the goals to principally serve low & :moderate income residents The Consolidated Annual Action Plan describes the activities & projects to be assisted wits funds received under these programs & other HUD programs that help to meet housing & community development objectives. This protect proposal will in essence fund the preparation needed with the assistance of a consultant to conduct a new Consolidated Plan `:fir FY2008 to FY2012. This will also include updating the Analysis of Impediments which outlines Federal Laws, Policies and Complaint Laws and Impediments to Fair Housing Choice and remedial activities to address impediments Garcia Arts Education Center -Area Street Improvements The Garcia Arts Education Improvements define the following streets in this project as 77th Street Agnes Street to Marguerite Street. The street work will :include approximately 1300 ;if, for 47th Street. The project also includes ADA requirements, curb and gutter and :sidewalks. The utility work along 17th Street are also included by wastewater and storm water. Current funang $181,000 Greenwood Softball Complex 4 lRepiace lights on pall fields, rebuild dugouts, and °enovate storage area. Building !renovations include lighting, repaving o:arking lot(s1 as well as replacing fencing. HES Pool ,Renovate pool Snell, replace pipes garters, 'fixtures arc other items. 14 $550,000 $200,000 $200,000 15 $50,000 $50,000 $50,000 18 $185,000 $185,000 $185,000 20 $125,000 21 $25,000 f # - PROJECT & DESCRIPTION Page Request staff Recomm City Council Adopt 16 1 Heritage Park - Galvan House This includes the renovation of exterior and interior r. f the house. First and 2nd floor interior needs to be renovated which inci_;,des replacing carpet and any other eligible improvements The exterior will also neec renovates This will include front and back poron with ADA accessibility and any other eligible exterior eligible improvements 22 $85,000 Historic Preservation Project -Dr. HP Garcia Medical Building These `unds were awarded to bring the process of roving the Dr. Hector P Garcia mecca office guild nc The a different location. e monies will be used to hire a Icorsultant tc review foe project feasibility and cost F uture monies will be used to implement the move. f it is an economicaiy feasible project and further historic preservation 23 $15,000 18 Juvenile Assessment Program This program entails teaching cognitive late and communication skills between parents anc: juveniles This request would be to purchase ec.;cationai materials which will be facilitated via a professional practitioner 24 $25,000 19 Utter Control Program The purpose of this program is :c cevelop a more organized and aggressive effort to con-rol littering and other related environmental blight/hazard that contribute to a poor quality of life for our general public This program wil'i be structured from the model of Keep America Beautiful (KAB) national program The goal of the program is to identify an mit quantify community issues. prioritize and target fesources, assess current laws and ordinances and measure progress over tire: The KAB model requires a local Program Coordinator and support staff to oversee and apply toe specific behavioral change strategies called a "Toolbox for Community Change" and other resources exclusive to KAB The CDBG assistance would be to f and the administrative costs to initiate this Litter Controii Program 25 $150,000 20 Master Plan for ADA Compliance: City Wide for CDBG Tracts The need to address ADA Compliance is a City priority anc is being handled as funds become available. The City with the assistance of the Committee for Persons with Disabilities will identify the needs for accessibility routes, especially where curb cut ramps and sidewalks do not exist. The Committee for Persons with the Disabilities has deemed accessibility to the transportation service as priorty one in the criteria for prioritizing requests for ADA improvements. This protect would enable the City to define through a Master Plan to address the needs for ramps and sidewalks within the priority routes where none exist in CDBG areas, The funds for the construcion for this project will be requested annually to allow the City to address this need. The specific locations of accessible routes will be identifed to meet the priority needs. Current funding $50.000 28 $75,000 $75,000 21 Model Block Program (Neighborhood Revitalization) Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Modei Block Program (MBP) dedicated to the purchase of land. housing rehabilitation, new construction of single famiy housing (infill housing); homebuyer assistance and other eligible improvements projects to be established by the participating neighborhood.The MBP is a ;omprehersive plan to provide opportunities and resources for an mproved quality of life in a designated neighborhood /target area identified for potential revialtizaticn and development. The MBP is designed to identify and address several major issues within a targeted area including; Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availabiltiy and assembly for renovation and redeveloment (infill housing); afffordable housing development and special needs housing 30 $300,000 PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 'Mortgage Servicing 'The funds being requested are }cr °he ocerations of .)ur mortgage servicing section and include the salaries or one staff person tat handles the servicing of all loans provided ;through the City's Single Family Rehabilitation Loan Program. Our request includes ;funding for one additional staff persor that will assist the one person currently handling 22 Tall mortgage servicing, Services nclude :collection or !oar. payments, paying property ,taxes and annual insurance premiums. managing the Individual homeowner's escrow iaccourts providing homeowners with income tax foam 1098, preparing end of year lescrow analysis; processing of payment a ooklets; areparine monthly end of month !reports conduct daily posting of payments; and nantae release of liens. Counseling is !provided regarding payment alternatives and establismg payment plans. Mortgage 'Services is currently servicing 850 differert types of oars Current funding $54,000 'Rehabilitation Services _ The funds being requested are tc ray the operating oasts and salaries of staff that !provide support services for the administration of the Rehabilitation Loan Program. Emergency Horne Repair Grant Program: Homebuyer Programs; Loan Counseling 23 Homebuyer Classes; Support for the 4A Board Support for :he CDC; and Rental Rehabilitation Loan Program. These programs are designee to assist low and very low 'income households Services include roar processing; developing specifications and plans; monitoring of construction projects through inspections, processing of homebuyer applicants, conducting inspections- and conducting iomebuyer classes. Current funding $677,000 Renewal Community The City of Corpus Christi Economic Development Offices requesting $20,000 of CDBG funds to continue outreach and marketing act vities in the original and expanded 1Renewai Community (RC). These outreach services include contracting for professional services to assist new businesses in completing the ommercial Revitalization 24 Deduction applications, completing forms associated with tax credits and deductions, contacting for professional service_ to complete surveys of the RC, development and printing of marketing materials, distribution - -s of marketing rnaterials, workshops and seminars, profesSionai or temporary services to assist businesses in Identifying employees who live it the RC in order to c airy credits and staff training. Current funding $20,000 IResidential Traffic Management Program in April 1998, the City Council approved the Residenial Traffic; Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic ;safety on local residential streets. This program includes the possibility for residents to !share in the cost of the installatior of speed humps under certain conditions. The 25 iourpose of this request to to allocate CDBG funds to Dear the residents share of 'installation of costs in qualified CDBG eligiole tracts the City of Corpus Christi will still !bear the expense of the City's share of the installation costs (which may range from 0% to 100%). Thus far, since the inception, of the RTMP, ,es idential neighborhoods in CDBG areas have not elected or been able to parlcpate in the RTMP due to difficulty in !obtaining the residents' share of the cost Current funding S12,000 33 $79,000 $56,000 $56,000 34 $788,000 $677,000 $677,000 35 $37,500 $20,000 $20,000 36 $25,000 $12,000 $12,000 Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent ,interest loans to homeowners interested in rehabilitating their homes. It is estimated that 26 ! 1 -3 units will be rehabilitated and `5 -18 units will be reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of 'their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Rehabilitation Loans ($935,000) "demolition ($150,000); Relocation !($180.000). Current funding $1,074,000 37 $1,265,000 $470,000 $470,000 PROJECT & DESCRIPTION !South Bluff Park !Phase park imorovernents; Because of thN- high usac e of 't e park, more amenities are sneered Install six new covered picnic tables with cerent slab. Install BBQ pits, trash 27 ;containers, 40x60 covered pavilion wili installed with picric tables and BBQ pit: !Phase " of 3 year project. All of the amen ties will be :cnstructed and ae ADA Iaccessible ISouthmoreland Addition Area Street Improvements 38 & 4B: Part 2: Norton St. & !Lewis St. between Watson & Norton 28 The protect -consists of construction of 28 B -B street pavement, curb gutter, sidewalk, ;ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B, Par Phase 4B is °.re first leg required tc tie into .A,ers Street drainage Current ;funding $155,000 Page Request Staff Recomm City Council Adopt 38 $65,000 39 $340,000 The Unified Development Code ;Continuation of the Unified Development code (UDC which is a comprehensive rewrite Hof the City's current Zoning and Panning Ordinance into one comprehensive document 29 ltha? also establishes best practices and is adoptable by the community The City's !current ordinances have not facec a comprehensive -eview or rewrite in over 20 years ;and as a result the JDC is facing an extraordinary challenge for adoption !Weed and Seed Program The Weed and Seed Program is a comprenensive m Ai-agency approach to combating `violent crime, dirug .:se and gag activity in high crime neighborhoods. the goals are to 30 : "weed" out crime from targeted neignborhoods, while at the same time 'seed" the target !areas with a wide range of crime iweventicn programs and Human Services to prevent 'crime from reoccurring within the Target areas. This will fund for the Director's or staff salary. Current funding $50,000 41 $50,000 42 $50,000 $50,000 $50,000 !City Projects Total VON ELIGIBLE: Old Beyview Cemetery =lased improvements: preservation any' - estore ion of the ,onus ^ent +aticnal Objective $6,590,085 $2,962,000 $2,907,000 mprovements: Phase 1 of 3 year project. Reason: Does not meet a The difference needed fcr Project #26 will he f: nded thru the HOME Program # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt CDBG NONPROFIT ORGANIZATIONS 31 Boys and Girls Club of Corpus Christi Final Phase of our Sports complex nclu1es: the construction of a maintenance storage buiiding, paved parking lot on the south side of The complex. tencing; and sidewalk areas, This phase wili complete cur effor- to corstr:,c t a :,jmprehenslre Sports complex for'tte cnildrer we serve. The number of t hildrer's 'eens to he reached will run into the thousands located at 3902 Greenwood Dr ve. 43 62 $150,000 $65,300 $100,716 $65,300 $100,716 $65,300 32 Brooks Chapel Early Childhood Development Center Replacement of roof overhang not as a result of ack of maintenance but due to roof overhang being poor engireere t : ocatec at 7517 'I- nneoago. Capital Contribution $5,000 I 33 i CCHAISeabreeara Seniors, L.P Two hundred senior one and two bedroom units with ore , :ommunity building needing attenuation wail along interstate 37 approximately 2000 fees long to buffer sound located 809 Der Drive. 84 $475,000 Charlie's Place Water and Sewer Lines Charlie's Place proposes to replace the existing Ovate~ and sewer pipes (within the 34 access road) that serve our facility- This will allow us to continue to provide services to nearly 1 200 residents being treated for substance abuse issues each year and add additional beds in the future iocatec at 24 North Cou• try Cl ;d Place. Capital 'Contribution $5,000 115 $79,313 35 ICoastal Bend Bohol & Drug Rehabilitation Center d.b.a. Charlie's Place Charlie's Place proposes to rehabilitate the 70 year old Coleman House entire facility so that may continue to house "4 low income individuals during their treatment for substance abuse. Proposes to rehabilitate its structure including: replacing roof and flashing rehabilitating three bathrooms; electrical work to bring original wiring up to !code: plumbing work to replace original pipes; Fix kitchen and bathroom leaks and rot issues; replace uninsuiated windows.; and interior /exterior paint peeling and chipping located at 24 North Country Club Plea.. Capital Contribution $16,000 136 $150,000 Coastal Bend Center for Independent Living (CBCIL) 36 improvements to Building "A" CBCIL property include a new roof and interior rehabilitation in the transitional units located at 1537 'th Street 156 177 $20,000 525,000 $25,000 $15,000 $25,000 37 Coastal Bend Can- ter for Independent Living (CBCIL) Barrier removal (horse modifications) for ui to 10 renlai properties for people with disabilities participatinc in the CBCIL_ City HOME Choice TBRA Project 38 Corpus Christi Hope House The project is for repairs and renovations for emergency shelter and transitional housing for up to 11 homeless women and their dependent children ocated at 630 & 658 Robinson Street. Capital Contribution $5.950 196 $53,545 39 Del Mar College/Eusiness Resource Center The purpose of this project is to retain, expand and create small and Section 3 businesses and retain, expand and create jobs for low to moderate income residents and Section 3 residents located at 3209 S Staples Capital Contribution $810,924 229 $175,000 $175,000 $175,000 40 Fighting to Rid Gangs in America Foundation, Inc. Improvements will be done to the facility to make it more accessible The improvements will make our facility more ADA compliant located at 2 l21 Mary Street Capital Contribution $10;000 242 $110,000 41 Greenwood Molina Children's Center /Schoolagers Play Park The site is a vacant lot owned by the agency. It is 166" deep and 55" wide. It will be equipped with park tabies and benches. A covered amphitheater, track for riding toys. A portable storage for their portable equipment and supplies. A basketball goal on a small mini paved area for this purpose. The same surface will be used for similar activities located across from 954 Nationai Drive. Capital Contribution $5,000 262 $75,000 $25,000 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 42 Lofty Apartments /Buffalo Lofts /Plaza Lofts * Rental rehabilitatior, of 18 urban ofts n Downtown. - of wh cn will be CDBG assisted anc rested to households a: ess than 80`, medlar ,come ccated at 317 N Carancahua. Capital Contribution $1.4M 284 $300,000 $300,000 $300.000 43 Mary McLeod Bethune Day Nursery, Inc. Providing iaw .ncome families w to duality child care 3ethLr.e Day Nursery seeks funds for he -ehaoiiitatior c` flooring n buildings A B and . Ircuding structural problems In bui}din 0, as well as addressing security ssues thr,,;ghc,it the facility located at 900 Kinney Avenue. Capital Contribution $3 000 314 $86,192 44 45 46 47 New Life Fellowship of Corpus Christi /Renovation for Rehabilitation Renabi itation and mprovements to existing structure, for the purpose of doubling housing capacity to 20 beds and providing basic ADA features for homeless women with substance abuse issues located at ' 1 1 1 ,, 2th Street Capital Contribution $8,000 335 $60,000 Nueces County Community Action/Weatherization /Minor Home Rehab Make minor home and weatherization improvements to approximately 27 homes more energy efficient. Approximately 90 persons with low to very tow income wit benefit from program Capital Contribution $279,244 368 $80,000 Nueces Lofts Apartments'"' Adaptive reuses of a nistoric downtown building from office space to rental apartments. Protect costs include construction and development vosts related to the change from existing office use to residential apartments exclusive. of acquisition and commercial tenant finish costs The completed development will lave sixty six loft style apartment units with approArnately twelve apartment units set aside fo• low income residents. The HOME nunds are requested as a subordir! ate loan to be repaid from the developments of ret operating income located at 317 Peoples Stree, Capital Contribution $6.2M 399 $500,000 $500,000 $500,000 Universal Little League Public facilities and improvements to bleachers, scoreboard electrical ,avers. ADA sidewalk & new patio ocated at 4035 Greenwood Dr ‘. e. 400 $59,500 $35,000 Total Nonprofit $2,463,850 $1,166,016 $1,241,016 Total City Projects $6,590,085 $2,962,000 $2,907,000 Overail Total $9,053,935 $4,128,016 $4,148,016 Project #42 Lofty Apartments - Staff recommenr.e.1 amnu;nt is frir a q?00k nraet ,e P1 nnk Ivan minnk tntall Pro ect 46 Nueces Lofts Apartments - Staff recommended amount (S500k total) is for a loan not a grant CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 ESG PROGRAM !FY2007 ESG Allocation $150,498 ly # (PROJECT & DESCRIPTION I . Page Request Staff Recomm City Council Adopt Catholic Charities of Corpus Christi Provision of homeless Preventior includinc short term subsidies . security cepcsits or 1st moth's rent, meciatcn programs, legal services and :payments to prevent foreclos; 'e 0- 3 home 419 $35,000 $13,000 $13,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b a. Charlie's Place Provision of Essential Services inc ;uding services oncerned with 2 employment, physical health and educatior for the homeless. Maintenance and Operation including rent. nsurance, and furnishings. 435 $36,000 $12,000 $12,000 3 4 Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health ant educatior for the homeless. Maintenance and Operation including rent, nsurance, utilities and furnishings. 449 $25,000 $13,000 $13,000 Corpus Christi Metro Ministries Provision of Essential Services inc uding services concerned with employment, physical heath and education for the nameless. Payment of maintenance, pperaticns inclut ng rent, insurance, utilities and furnishings. Prcvisior of Homeless Prevention ncluding short -term subsidies, security deposits or 1s1 moths rent, mediation programs legal services and payments to revert foreclosue on a home. 483 $89,500 $43,000 $43,000 5 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services c:encernec with employment, physical health and education for the homeless Payment of rtiaintenance e,oerations inciud =ng rent. insurance. utilities and furnishings 506 $21,000 $13,000 $13,000 6 New Life Fellowship of Corpus Christi, Inc. Maintenance and Operator 'nclud ng rent. ,surance utilities and urnishings. 519 $50,000 $10,000 $10,000 8 The ARK Assessment Center and Emergency Shelter for Youth Payment of Essential Services including services concerned with employment, physical health and education for the homeless. Maintenance and Operation including rent, insurance. utilities and furnishings. 531 $188,100 $13,000 $13,000 The Salvation Army Provision of Essential services including services concerned with employment, physical health and education or the homeless. Maintenance and Operation including rent, insurance, utilities and furnishings. 554 $50,000 $13,000 $13,000 T RA/omen's Shelter of South Texas Maintenance and Operation inciudAg rent, insurance 9 !furnishings, Provision of Homeless Prevention includ Isubsidies, security deposits cr `st nonth's rent, medi regal seriices and payments to prevent fore. osure o L Total , utilities and ing short-term 574 $80,000 $20,498 $20,498 ation programs, r a home. $574,600 $150,498 $150,498 CITY OF CORPUS CHRISTI FY2007 CONSOLIDATED ANNUAL ACTION PLAN ADOPTED FY2007 HOME PROGRAM FY2007 Allocation American Dream Downpayment Initiative iADDI} Reprogrammed Funds Program income TOTAL FUNDS AVAILABLE FOR FY2007 HOME PROGRAM # PROJECT & DESCRIPTION Page Request Staff Recomm $1,649,582 $25, 570 $702,898 $175,385 $2,553,435 City Council Adopt :CCIC* Affordable Living Development On August 17, 2004 City Council approved the adoption of a seven year plan on ending chronic homelessness for Corpus Christi (Plan Within the Plan, there were formulated goals, action steps and a timeline of which specific objectives were to be met over the course of the seven -year eerioc Action step #4 states to decrease the 1 duration of homelessness by completing 300 permanent supportive housing units by year end 2007. The City of Corpus Christi's Community Development (CD) Department is proposing to develop a 60 to 100 unit Affordable Living Development. This proposal will assist in the and acquisition and other related cost attributed to the site development The CD Department will partner with a consultant to secure additional leverage of resources to complete this project CDC New Construction Homebuyer Program Construction of new single family multi- housing units. The units must remain affordable for a minimum of 10 years. These funds will be used by the CDC. A deferred forgivable ban, not to exceed $20,000, payable after the 1st mortgage is 2 paid, will be provided to low income home buyers for the purchase of a home. The amount of the deferred loan will be based on HUD income limits These funds will assist approximately 14 low to moderate income families These funds may be applied towards the Model block program. F.jnds may be used to recapture properties which have been assisted thru the HOME program First Time Homebuyer Program - ADDI Provide deferred forgivable loans to first time nomebuyers, who are low income, to assist them with down payment and closing costs for the purchase of a home. Home Administrattonfechnical Assistance Administrative funds for staffing, planning, oversight; coordination, staff supervision, monitoring and evaluation, contracting, recordkeepingireporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners/investors of rental propert y and other organizations that may participate in the program. May include administratve funds for direct operating support for the CHDO's HOME Model Block Program- Neighborhood Revitalization Neighborhood Services Department is requesting support for the neighborhood revitalization projects within the Model Block Program (MBP) dedicated to the purchase of land, housing rehabilitation, new construction of single famly housing (infill housing); homebuyer assistance and other eligible 'mprovements projects to be established by the participating neighborhood The MBP is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area identified for potential reviaatization and development. The MBP is designed to identfy and address several major issues within a targeted area including; Neighborl'od and economic stability; prevention of further housing and neighborhood deterioration; resource availabiltiy; land assembly for renovation and redeveloment (infill housing); afffordable housing development; and special needs housing 595 $200,000 $200,000 $200,000 596 $250,000 $200,000 $200,000 597 $25,570 $25,570 $25,570 598 $164,958 $164,958 $164,958 599 $100,000 Homebuyer Assistaince Program ($5,000) Provide deferred forgivable loans to low income homebu vers t assist therr with do -vn payment and closing costs for the purchase of a h. )me 601 $450,000 $450,000 $450,000 4 PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt Major Rehabilitation *'" -'rov,ue leans to :ow income hone( viers + assist the-, witr major rehabilitation of :heir `comes. 502 $100,000 $702,898 $702,898 5 Minor Rehabilitation. ?rovide emergency grant to very ow' ncom • homeowners tc assist them with minor rehabilitation of their homes. 603 $100,000 :CCIC Projects Total $1,390,528 $1,743,426 $1,743,426 iubrecipient's /Other Entities 9 Apartments of the Village /LULAC Hacienda Apartments Demolition with the reconstruction of a 60 unit HUD 2C2, with 54 one bedroom units and 6 two bedroom units located 3! 2625 Greenwood )rive 13 units will be funded with HOME assisted. 604 $384,730 $260,009 $260,009 0 Cliff Maus Village Trust New roofs for 11 buildings and new stairway landings for second floor landings for 11 buildings located at 1438 West Point Road 650 $250,000 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a Charlie's Place Replace service limes leading to two transitional houses located at 25 and 41 North Country Club Place. 674 $58,648 12 13 Latino Education Project Tenant based rental assistance for the elders with special needs to promote their well -being and independence 694 $235,752 Masonic Fellowship Church Affordable Housing Initiative The project is a 32 unit rental new construction apartment facility to be used by area residents as a moderately priced rental development lo.:ated at 3210 Mueller Street. 722 $300,000 $300,000 $300,000 ubrecipient's /Other Entities Total $1,229,130 $560,009 $560,009 OMMUNITY HOUSING DEVELOPMENT ORGANIZATION's (CHDOs)** i4 Nueces County Community Action Agency /Acquisition /Rehab/Resale Purchase /Rehab /Resale of 3 single family homes (minimum) to families 80% or below the area median income, all units to be HOME asisteo 750 $250,000 5 TG 110, Inc /Glenoak Rehab Project Rehabilitation of 68 one two, three and four bedroom apartments for rental to low income families. The HUD agreement with Glen Oak Apartments requires that 14 units are rented to families at or below 50% of the area median income and 54 units at or below 30% of the area mediar income orated at '11 Glen Oak; ail units will be HOME assisted 781 $350,000 $250,000 $250,000 HDOs Total $600,000 $250,000 5250,000 CCIC Projects Total $1,390,528 $1,743,426 51,743,426 ubrecipient's /Other Entities Total — $1,229,130 $560,009 $560,009 ztal $3,219,658 $2,553,435 $2,553,435 Subrecipient'slOther Entilis /CHDQ's are contracted thru the CCC C COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) - The City of Corpus Christi will set aside at an minimum the 15% ($247,438) quires by regulations for use by the CHDO within he 21-month period. The City of Corpus Christi will provide technical assistance and capacity building as !cessary . _ urds were added for the Major Rehabilitato❑ (HOME Program c make Jp the difference needed for the Single Family Rehabilitation (CDBG Program). PRESENT Mayor Henry Garrett Council Members Bill Kelly John Mare Jesse Noyola Mark Scott ABSENT Mayor Pro Tem Rex Kinnison Brent Chesney Melody Cooper Jerry Garcia MINUTES CITt OF CORPUS CHRISTI, TEXAS Special Council Meeting April 22, 2007 — 9 :30 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. : ,ity Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required chartered officers were present to conduct the meeting. Mayor Garrett opened discussion on Item C. regarding canvassing and declaring the results of the General Election held on April 14. 2007 for the election of Mayor and eight Council Members and the extension of the Crime Control District and ordering a runoff election to be held on May 12, 2007. The Council canvassed numerous precincts comparing results submitted by PrecinctJudges to the Mayor with results submitted and certified by the City Secretary. There were no comments from the audience City Secretary Chapa polled the Council for their votes as follows: C 1 ORDINANCE NO 027229 Ordinance canvassing and declaring the results official of the General Election held on April 4, 2007 in the City of Corpus Christi for the purpose of electing the Mayor, eight Council Members and the adoption of a Proposition. An emergency was declared, and the foregoing ordinance was passed and approved with -he following vote Garrett. Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper, Garcia and Kinnison were absent. C 2 ORDINANCE NO 027230 Ordinance ordering a Runoff Election to be held on May 12, 2007 in the City of Corpus Christi for the election of Council Member District Three, Council Member District Four and Council Member District Five, designating polling place locations, enacting provisions incident and relating to the subject and purpose of this ordinance. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper, Garcia and Kinnison were - lbsent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 9:43 a m. on Aoril 22. 2007 PRESENT Mayor Henry Garrett Mayor Pro Tern Rex Kinnison Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY DF CORPUS CHRISTI, TEXAS Regular Council Meeting -April 24, 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 Rafael Garcia of New Song Fellowship Church and the Pledge of Allegiance tc the United States flag was led by Council Member Melody Cooper. Director of Engineering Angel Escobar briefly informed the Council about the Street improvement Projects completed ire- 2006. Mayor Garrett called for consideration of the consent agenda (Items 1 - 12). Mr. Abel Alonzo asked that Item 9 be pulled for individual consideration. Council members requested that Items 4 and 9 be pulled for individual consideration City Secretary Chapa polled the Council for their votes as follows MOTION NO. 2007-107 Motion approving the purchase /lease purchase of twenty -eight (28) pickup trucks from the following companies for the following amounts in accordance with Bid Invitation No. BI -0125- 07, based on low bid and low bid meeting specifications for a total amount of $571,408. The vehicles will be used by Animal Control, Vector Control, Fire Department, Maintenance Services, Park Operations, Storm Water, Water, and the Wastewater Departments. Twenty - seven of the vehicles are replacements and one vehicle is an addition to the fleet. Funding ,s available .n the Capital Outlay Budget of the Maintenance Services Fund and the respective department operational budgets. Access Ford, LTD Corpus Christi, TX Bid Items: 1, 2, 3, 5, 7,9,10,1213 &14 $493,023 Champion Ford Corpus Christi, TX Bid Items: 4, 6, 8, & 11 $78,385 Grand Total: $571,408 Minutes Regular Council Meeting April 24.2007— Page 2 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kei y, Kinnison. Marez, Noyola; and Scott, voting "Aye ". MOTION NO. 2007108 Motion approving the purchase of one (1) line jetting truck from Chastang's Bayou City Ford, of Houston Texas for the total amount of $176,487.21, The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative .TLGPC). The truck will be used by the Wastewater Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. This unit is a replacement to the fleet The foregoing motion was passes and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott, voting "Aye ". MOTION NO 2007-109 Motion approving the purchase /lease purchase of eight (8) heavy trucks from the following companies for the following amounts based on low bid and low bid meeting specifications in accordance with Bid Invitation No BI- 0141 -07 for a total amount of $631,283.10. The vehicles will be used by Street, Water, Wastewater and Storm Water. All eight units are replacement, to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund and the respective department operational budgets. Feet Pride international Grande Truck Center Access Ford Corpus Christi. TX San Antonio, TX Corpus Christi, TX 4 Units 3 units 1 Unit $333,921 10 $2'31,615 $65,747 ( 3rand Total: $631,283.10 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola. and Scott. voting "Aye ". RESOLUTION NO. )27231 Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability Block Grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $10 772.77 for theft prevention program for the Municipal Juvenile Court, with a City match of $1 196.97 in the No. 1020 General Fund, and total project cost of $11 969.74 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO. 027232 Resolution approving the submission of a grant application in the amount of $65,914 to the State of Texas, Office of the Governor, Criminal Justice Division for first year funding of a Sex Offender Investigative Unit grant in the Police Department with a City match of $21,564, for a total grant application of $87,478, and authorizing the City Manager or his designee to apply fo , accept reject alter or terminate the grant. Minutes - Regular Council Meeting Aor'I 24. 2007— Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO 027233 Resolution approving the suomission of a grant application in the amount of $496,519 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 7 funding with a City cash match of $263,454, fcr a total project cost of $759,973 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 ". s.< RESOLUTION NO 027234 Resolution authorizing the City Manager or nis designee to execute all documents necessary to accept the Summer Food Service Program grant in the amount of $416,840 from the Texas Health and Human Services Commission to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. °h,e foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO 027235 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District (CCISD) to provide summer food services for Summer Recreation The foregoing resolution was passed arid approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye ". 8,0 ORDINANCE NO, 027236 Ordinance appropriating a $416,840 grant from the Texas Health and Human Services Commission fn the No. 106' Parks and Recreation Grant Fund to operate a Summer Food Service Program to Summer Recreation Participants ages one to eighteen years. Ar 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' 10 ORDINANCE NO. 027237 Ordinance appropriating $18,223.38 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68 `rcm Anita T Neyiand Trust; $1f,781.70 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted b' Ordinance No. 026997 to increase appropriations by $18,223.38. Minutes Regular Council Meeting Aprll 24, ,'007— Page An emergency was declared, and the foregoing ordinance was passed and approved with the following rote: Garrett, Chesney. Cooper, Garcia, Kelly; Kinnison, Marez, Noyola, and Scott, voting 'Aye" MOTION NO 2007-112 Motion authorizing the City Manager or his designee to execute Change Order No. 6 to the Northwest Library Expansion Project with Nuway International, Inc., of Corpus Christi, Texas in the amount of $42 198.36. fora re- stated contract price of $1,470,053.77. (BOND ISSUE 2'734) 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 =13 Motion authorizing the City Manager or his designee to execute Change Order No. 2 for removal of concrete rubble and placement of compacted select fill and addition of four (4) pilasters to Transfer Station tipping floor in the amount of $78,868.60 with Longhorn Excavators, Inc., of Richmond, Texas for the J. C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Novola, and Scott, voting "Aye ". Mayor Garrett opened discussion an Item 4 regarding the purchase of replacement mobile rata computers. CounciH member K nnison asked questions regarding the cost of the equipment. City Secretary Chapa coiled the Council for their votes as follows: MOTION NO 2007-110 Motion authorizing the City Manager or his designee to lease purchase two hundred (200) replacement mobile data computers for Public Safety from Hubb Systems, LLC /Data911 Systems, of St. Charles, Missouri in an amount including interest, not to exceed $1,360,898 over the three -year term. Hubb Systems, LLC /Data911 Systems is a qualified Catalog Information Systems Vendor with the Texas Procurement Commission. Financing will be provided by Bank of America The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garret; opened discussion on Item 9 regarding the admission fee for the Velocity Games. Abel Alonzo 1701 Thames, requested that the motion be amended to include charging $1 to individuals with disabilities. Ms. Cooper made a motion to amend, seconded by Mr. Garcia, and passed. Jessica Davila - Bumett, representative of the Velocity Games, answered questions regarding the previous year's admission fees and success of the event. City Secretary Chapa Dolled the Council for their votes as follows: MOTIQN NO. 2007 11 Motion approving a $5 three -day pass admission fee and /or $3 per day for adult and $1 per day for military sensors, children over the age of 7 and Individuals with disabilities for the Velocity Games frorr May 11 through May ' 3. 2007. Minutes -- Regular Council Meeting Aprni 24, 2007— Page 5 The foregoing motion was oassed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 25 regarding the approval of a Mutual Aid Agreement for joint response to firefighting and hazardous materials incidents. Fire Chief Richard Hooks presented this item U.S Navy Commanding Officer Captain Tim Coolidge and Base Fire Chief Johr Morris spoke in support of the agreement. There was no public comment. City Secretary Chapa pc'led the Council for her votes as follows: 25 RESOLUTION NO 027244 Resolution authorizing the C ty Manager or his designee to execute an Agreement for Mutual Aid in Fire Protection, and Agreement for Automatic Assistance, and a Memorandum of Understanding with the Naval Air Station - Corpus Christi Fire Department for joint response to firefighting and hazardoue material incidents. Tie foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett referred to Item 13. an update from the Corpus Christi Regional Economic Development Corporation Roland Mower, CEO /President of the Corpus Christi Regional Economic Development Corporation. - eferred to a powerpoint presentation including: the report and results of the Job Openings Survey; the economic impact of unfilled jobs; a strategic plan focusing on the core areas of industry and new primary business attraction and five key areas for future competitiveness; and the development of a globally competitive workforce. Council members asked questions regarding job opening positions; the results of the job openings survey; follow up on the economic development summit; potential revenue loss from unfilled jobs; public awareness; the workforce competitive task force; timeframe of jobs unfilled; citizens return from investment to the economic development corporation; and creation of jobs. Mayor Garrett referred to I em 14 a presentation regarding the WorkSource Quarterly Report and Labor Market information. Mary Ann Rojas, CEO /President of WorkSource, provided a powerpoint presentation on the creation of special programs for workforce solutions through partnerships including: petrochemical industry pilot project; craft training center; career cluster initiative, youth program apprenticeships: Texas A & M University— Corpus Christi nursing initiative and math /sciences engineering internships; skills development fund proposal; programs to address workforce training issues; and funding from the Department of Labor for BRAC to assist individuals that are laid off or affected by base closures. Council members asked questions regarding partnership programs; unfilled jobs due to drug problems; determination of labor force; student outreach to promote awareness of jobs; the National Board Certification connection to workforce; foster care program services; and partnerships with all school districts Larry Demieville, Planner for WorkSource, referred to a powerpoint presentation regarding Labor Market statistics ncluding labor information as of March 2007; employment and unemployment year lo date coma ison labor force and unemployment rate comparison by Minutes Regular Courci Meet inc Apr 24. 2007— Page geographic area; percent 07 workers employed outside their county of residence; industry year to date employment and wages statistics for the Metropolitan Statistical Area (MSA); factors that have impeded sod expansion; arc available training resources. City Manager Noe added that the results of survey data were rcluded in the aacket, There were no questions from Council. Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC) at 11 :48 a m. Manor Garrett reconvened the Regular Council Meeting 12;25 p.m. Mayor Garrett called for petitions from the audience. Ann Craig, 109 Ashburn Avenue; Robstown, Texas; spoke regarding indecent advertisement on billboards. Jack Gordy, 4118 Bray, spoke regarding the Oitys correspondence with the Texas Department of Transportation on illegal signs follows: Mayor Garrett announces the executive sessions, which were listed on the agenda as 26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06 -469, Bernardina Ybanez, individually, as Representative of the Estate of Gilberto Limon, et al vs. the City of Corpus Christi and Officers Albert Villareal and Jesus Cruz, in the United States District Court for the Southern District of Texas, with possible discussion and action related thereto in open session. 27 . Executive session under Texas Government Code Section 551.071 regarding Title VI Complaint of Hillcrest Residents Association against the City of Corpus Christi, filed with Environmental Protection Agency (EPA) and United States Department of Housing and Urban Development (HUD), with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 26. MOTION NO. 2007 -115 Motion authorizing the City Manager to employ the law firm of Canales & Simonson, P.C. to provide legal representation to the defendant officers, and Hermansen, McKibben Woosley & Villarreal, L.L.P. to provide legal representation to the City, in Cause No. C 06 -469, Bernardina Ybanez, et al v, City of Corpus Christi, et al, in the United States Distract Court, at an hourly rate not exceeding $200. plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyosa, and Scott, voting "Aye "; Chesney and Marez were absent. Minutes Regular Council Meeting April 24, 2007— Page 27 MOTION NO. 2007 -116 Motion to execute a professional legal services agreement with Lloyd Gosselink, Blevins, Rochelle & Townsend, P.C. or assisting the City of Corpus Christi with litigation regarding the Hillcrest Residents Association Complaint, at an hourly rate of $240, subject to certification of funds The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly Kinnison, Noyola, and Scott, voting "Aye ": Chesney and Marez were absent. Mayor Garrett referred to Item 15, a presentation on Corpus Christi Retail Leakage Study and Crosstown Commons Project Etionomic Impact Study. John Bell, Wood Boykin &Wolter, P.C., introduced the project team Chuck May, CBL Team, provided a project overview including a cost of projected investment and annual taxable sales and a site plan. Barbara Bruce, Location Strategies, LLC, referred to a powerpoint presentation regarding the market review including: the market considerations summary; a map of the proposed center's trade area and demographics, sales IeaKage analysis; a comparison of retail sales versus total income; review of a consumers survey including research objectives, methodology, and key findings; major {etailer representation and typical second store sales impact. Drew Masterson, First Southwest Company, and Mr. Bell referred to the powerpoint presentation regarding: the economics of development including projected sales tax revenues and projected property tax increments; an overview of the proposed Tax Increment District (TIF) and Public Improvement Distric'; a map of the proposed TIF District site; and the advantages to the City. Council members asked Questions regarding the leakage analysis including: on -line shopping, choice of stores, and income categories; projected sales tax revenues; conversations with other taxing entities within the City; the incentives that other cities have provided to developments; information on anchor store relocations or additional stores; and payback information on the TIF. City Manager Noe stated that staff would provide the results of a survey of seven cities that have provided assistance to retail developments. Mayor Garrett referred to Items 17 and 18 and a motion was made, seconded and passed to open the public hearing on the following street closure: 17 a Public hearing to consider the closure and abandonment of the following streets: *Erwin Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37 *Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37 *Retema Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence Drive to the north right -of -way line of Huisache Street Minutes - Regular Council Meeting Agri; 74, 007- Page 9 *Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet south of Huisache Street * Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right -of -way line of Colima Street *Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet south of Huisache Street *Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37 *Gibson Street out ot Harbor View Estates, from Poth Lane to Retama Avenue *Noakes Street, out 3f Harbor View Estates, from Poth Lane to Retama Avenue *Huisache Street, between Grace Heights Addition and Harbor View Estates, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue *Huisache Street, cut of Dak Lawn Subdivision, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Avenue *Grace Drive, out of Grace Heights Addition, from Maguey Street to Cenizo Avenue *Ash Street, between Oak Park Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open *Colima Street out of Oak Park Addition, from Poth Lane to Interstate Highway 37. Debbie Marroquin, Interim Director of Development Services, stated that staff was recommending approval of the abandonment and vacation of several rights -of -way and utilities easements in the Oak Park area. Govinci Nadkarni, Vice President of Maverick Engineering and -epresentative for CITGO Refining '_,P., said that the Transportation Advisory Committee, the Corpus Christi Community Advisory Council and the Long Term Health Work Group supported the street closures and the Hillcrest Neighborhood Association was in communication with CITGO. Mr. Nadkarni referred to a powerpoint presentation including: an aerial photo of the area; maps of the ,Oak Park Area; the benefits to the City, community and the industries; and CITGO's commitment to the project. He explained that CITGO is requesting the closures to better secure the property around the refineries and to control access in that area to prevent unauthorized activities. Council Member Kelly asked questions regarding the zoning of the area; maintenance and creation of the green belt; communication with the neighborhood; contact with the Leopard Street Corridor group; and approval from the Hiilcrest Neighborhood Association. Abel Alonzo, 1701 Thames, asked Council to accept the recommendation by staff. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 17.b FIRST READING ORDINANCE Abandoning and vacating the Erwin Avenue public street right -of -way out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama Avenue between Oa< Lawn Subd,vision and Harbor View Estates, from Buddy Lawrence Minutes Regular Council Meeting April 24, 2C07— Page 9 Drive to the north right -of -way line of Huisache Street; Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right -of -way line of Colima Street; Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet south of Huisache Street; Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Noakes Street out of Harbor View Estates, from Potn Lane to Retama Avenue; Huisache Street between Grace Heights Addition and Harbor V ew Estates, from Poth La to to approximately 75 feet west of the centerline of Retama Avenue; Huisache Street ajt of Oak Lawn Subdivision, from Buddy Lawrence Drive to approximately 75 feet east cf the centerline of Retama Avenue; Grace Drive out of Grace Heights Addition, from Maguey Street to Cenizo Avenue; Ash Street between Oak Park Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37. and except the portion of Retama Avenue remaining ooen; Colima Street out of Dak Park Addition. from Poth Lane to Interstate Highway 37; subject to owner's compliance witn the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kinnison. Noyola, and Scott, voting "Aye "; Kelly voting "No "; Chesney and Marez were absent. 8 FIRST READING ORDINANCE Abandoning and vacating a 18,909.80- square foot portion of a 10 -foot wide utility easement out of Lots 2 -16, Block 1. and Lots 18 -39, Block 1, Grace Heights Addition, and Lots 1 -12, Block 2; Grace Heights Addition. a 1,203.40 - square foot portion of a 10 -foot wide utility easement out of Lots 1 -12, Block 5, Oak Park Addition; a 13,817.60- square foot portion of a 0 -foot wide utility easement out of Lots 3 -4 and Lots 6 -8, Block 12, Oak Park Addition Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised, Lots 1 -12, Block 15, Oak Park Addition Revised, Lots 1-12. Block 16, Oak Park Addition Revised, and Lots 1 -12, Block 17, Oak ParK Addition Revised; a 17,949.60- square foot portion of a 10 -foot wide utility easement out of Lots 1 -22, Block 1, Oak Lawn Addition, Lots 1 -14, Block 2, Oak Lawn Addition, Lots 1 -5 and Lots ' 0-14, Block 3, Oak Lawn Addition, and Lots 1 -22, Block4, Oak Lawn Addition; a 1.521.10- square foot portion of a 10 -foot wide utility easement out of Lots 2 and Lots 12 -14, Block 1, Driscoll Village; requiring the owner, Citgo Refining and Temicals Company L.P„ to comply with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye "; Kelly voting "No "; Chesney and Marez were absent Mayor Garrett referred to Item 19 and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 19.a. Public hearing to consider a text amendment to Article 24 "Height, Area and Bulk Requirements" of the Zoning Ordinance regarding Article 14 "B -2" Bayfront Business District, maximum square feet area per acre of lot area, floor area factor and maximum number of _nits per acre of lot area Faryce Goode - Macon, Interim Assistant Director of Development Services, presented this item. There were no comments from the audience. City Secretary announced that Council Member Scott was abstaining from the vote on This item Mr. Chapa polled the Council for their votes as follows Minutes Regular Council Meeting Apni 24 2007— Page I 2 9 b. ORDINANCE NO. 027238 Ordinance amending Chapter 59 "Zoning," Article 24 "Height, Area and Bulk Requirements," Section 24 -1 of the Zoning Ordinance, City of Corpus Christi, to remove the maximum square feet floor area per acre of tot area, the floor area factor and maximum number of units per acre of lot area requirements in the "B -2" Bayfront Business District; providing a penalty clause. prow ding for .publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Garrett. Cooper Garcia, Kelly, Kinnison, and Noyola, voting "Aye "; Scott abstained: Chesney and Marez were absert. Mayor Garret referred to Item 20, and a motion was made, seconded and passed to open the public hearing or the following zoning case: Case No. 0307 -03, Amador Agustin Martinez: A change of zoning from a "B -1" Neighborhood Business District to a "R-1C" One - family Dwelling District on property described as extension to South End, Block 11, Lot 4, east of Crosstown Expressway along the southeast intersection of Brownlee Boulevard and Coleman Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "R-10" One- family Dwelling District. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms, Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027239 Amending the Zoning Ordinance, upon application byAmadorAgustin Martinez, by changing the zoning map in reference to 0.152 acres, Lot 4, Block 11, extension to south end, from "B- 1" Neighborhood Business District to "R-1C" One- family Dwelling 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 ceclared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper. Garcia, Kelly. Kinnison, Noyola, and Scott, voting "Aye "; Chesney and Marez were absent Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0307 -05, Clearwire US LLC: A change of zoning from a "R -1B" One - family Dwelling District to a `B -1" Neighborhood Business District on property described as being 0.619 acres out of Tract 10, Fallins Riverside, located on the west side of Callicoatte Road, and 400 feet south or Leoparn Street City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B -1" Neighborhood Business District Minutes - Regular Council Meeting April 24, 2007— Page 11 No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper and passed. Mr. Chapa polled the Council fortheirvotes as follows: 21 ORDINANCE NO. 027240 Amending the Zoning Ordinance, upon application by Clearwire US, LLC, by changing the zoning map in reference to 0 619 acres out of Tract 10, Fallins Riverside Subdivision, from "R-1B" One - family Dwelling District to "B -1" Neighborhood Business 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, Cooper Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye "; Chesney and Marez were absent Mayor Garrett referred to Item 22. and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0506 -01, Arriba Development, LLC: A request for a time extension fora "B-1/SP" Neighborhood Business District with a Special Permit for hotel /motel use on property described as being ., .975 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest intersection of Interstate 37 Frontage Road and Sessions Road. Ct} Secretary Chapa stated that the Planning Commission and staff recommended approval of a time extension Tor two- ,rears (tc May 30, 2009) for the Special Permit for a hotel /motel use. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded b✓ Mr Garcia, and passed. Mr. Chapa polled the Council fortheirvotes as follows 22 ORDINANCE NO. 027241 Granting a time extension of two -years for a Special Permit for Hotel /Motel Use in a "B -1" Neighborhood Business District, on property described as being 1.975 acres out of B. S. & F Survey 419, Abstract 570 Nueces County, Texas, located at the Northeast Intersection of Interstate 37 Frontage Roac and Sessions Road; providing a repealer clause. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia. Kelly, Kinnison, Noyola, and Scott, voting "Aye "; Chesney and Marez were absent Mayor Garrett referred to Item 23: and a motion was made, seconded and passed to open the public bearing on the following zoning case: Case No. 0307 -04, Oak Properties: A change of zoning from a "F -R" Farm -Rural District to a "R-1B" One - family Dwelling District and "R -2" Multiple Dwelling District on property described as 25.033 acres out of Lots 23, 24, and 25, Section 26, Flour Bluff and Encinal Farm and Garden Tracts.'ccated on the north side of Slough Road and west of the Cayo s,e Osc Minutes -- Regular Council Meeting April 24. 2007— Page 12 City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "R-1B" One - family Dwelling District and "R -2" Multiple Dwelling District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr Scott and passed. Mr. Chapa polled the Council fortheirvotes as foilowR 23 ORDINANCE NO. 027242 Amending the Zoning Ordinance, upon application by Oak Properties, by changing the zoning map in reference to 25.033 acres out of Lots 23, 24, and 25, Section 26, Flour Bluff and Encinai Farm and Garden Tracts, from "F -R" Farm -Rural District to "R1 -B" One - family Dwelling District anc "R -2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations `rom the existing Comprehensive Plan; providing a repealer cause; providing a )enalty ,rov ding for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney anc Marez were absent Mayor Garrett opened discussion on Item 24 regarding a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement. Johnny Perales, Acting Assistant Director of Development Services, presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. MOTION NO. 2007-114 Motion approving the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Oak Properties, owner and developer of Turnstone Unit 1, located north of Slough Road, between Rodd Field and Cayo del Oso for the installation of 2,855- linear feet of a 1 2 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Kinnison, Noyola, and Scott. voting "Aye "; Chesney and Marez were absent. 24.o. ORDINANCE NO. 027243 Ordinance appropriating $212,051.81 from the Water Arterial Transmission and Grid Main Trust Fund No. 540450 - 21805 -4030 to pay the Oak Properties reimbursement request for the installation of 2.855 - linear feet of a 12 -inch PVC water grid main to develop Turnstone Unit 1. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye "; Chesney and Marez were absent ** Minutes - Regular Council Meetinc April 24. 2007- Page 13 Mayor Garrett called for the City Manager's report. City Manager Noe announced the inaugural flight of ExpressJet service from Corpus Christi to Austin on Monday, April 30th with a celebration at the airport at 1:30 p.rn Mayor Garrett thanked staff and the volunteers that participated in the downtown cleanup. Mr Garrett asked if the construction on Leopard Street would be complete by the Buccaneer Parade Mayor Garrett called for Council concerns and reports. Council Member Noyola asked for a presentation on the First Tae Golf Program. Council Member Cooper asked questions regarding improvements to the Broadmoor Senior Center Ms. Cooper announced the next Town Hall meeting is scheduled for Monday, May 7th at 6:00 p.rr at Northwest Senior Cen-er Council Member Scott asked that copies of the Packery Channel updates be provided to the Padre Island Business Association and the Flour Bluff Moon. Council Member Kelly asked questions regarding the direction of traffic at Packery Channel and signage for Leopard Street to prohibit open containers. here being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2-59 p in. on April 24 2007, 1 Requested Council Action: 05/08/07 Alternate Date: 05/15/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Jones & Cook Stationers of Corpus Christi, TX for Office Supplies. Equipment & Furniture in accordance with Invitation to Bid 'number B1- 0002 -07 for an estimated three -year expenditure of $2,026,129.36 of which $112,562.74 s budgeted for the remainder of re 06.07. The term of the service agreement will be for thirty-six months with an option tc extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Office Supplies, Equipment & Furniture will be purchased by all :'ity departments. Funds are available in the using departments' operationa' budgets it FY 06/07 an,i wil he requested for FY 07/08 and subsequent fiscal years. Purpose Bid Invitations lssuec Bids Received: Price Analysis: Basis of .award Funding This _ompetitive procurement continues consolidation of all Office Supplies, Equipment & Furniture into one centralized supply agreement The supplier will provide not only the commodities, but, service, ransportationifreight, material tracking and delivery competencies necessary to provide the City with next -day delivery. Bids were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Cost and Exceptions. An evaluation team comprised of representatives from Finance, Park & Recreation and Purchasing reviewed the proposals and scored each according to the criteria above. Ten Five When compared to like items purchased last fiscal year, pricing will increase approximately 1.5 %. Best Value Analysis by the evaluation committee resulted in Jones & Cook Stationers earning the highest overall score. Additionally, Jones & Cook Stationers has a strong local inventory and personnel presence. It is he consensus of the evaluation committee that Jones & Cook represents the best value for the City. Various City Departments — See Attachment 520110 - Minor Office Equipment 520120 — Office Supplies Michael Barrera Assistant Director of Financial Services $32,767.25 $79,795.49 t/ f e k c f \t � § d. a� \ƒ } Lu - = LLI • 6 a Ce• u , CL z O o O 0 \ 0 P (/)1- 0 0 .__ 0 0:1\ } \ -) E 0 }UD @ 0 k< 0 \ I 3 § 0 � $ / \ \ ae / a j $ ) \ 00 $z 8 ) 2 Six Month nrii 294, 295, 296, 297 & 298 3 Requested Council Action: 5/8/07 Alternate Council Date: 5/15/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a digital imaging management system from Linear Systems, Rancho Cucamonga, CA for a total amount of $165,268.50. This award is made pursuant to Section 27 .103 of the Local Government Code which allows the City to purchase goods or services available under federal supply schedules of the United States General Services Administration. This system will be used by the Police Department Funds are available in the Law Enforcement Trust Fund. * * * ** * * * * ** ********* x******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose the fully customizable digital imaging management system will be used by he Police Department's Forensic Services Division to digitally capture and irchive photographs, documents and audio and video files used as evidence. Basis ci Award: hhe system will be purchased through the United States General Services \dministration contract number GS- 35F- 0547K, which satisfies State of Texas competitive bidding requirements. Funding; unding is available as follows: Michael Barrera Assistant Director of F _,aw Enforcement Trust Fund 061- 00000 - 821001- 520090 nanciai Services FY 06/07 $165,268.50 $165 268 50 BID INVITATION NO. BI-0126-07 DIGITAL IMAGING MANAGEMENT SYSTEM _ L z Z 0 H cc U W 0 E 0 f/) (1) maging Managemen 2 w $165,268.50 Award Total: CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/08/07 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $127,500 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $127,500 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative ( HIDTA). REQUIRED COUNCIL ACTION: Approval to appropriate funds. PREVIOUS COUNCIL ACTION: The HIDTA grant has been operational for 11 years. Council has appropriated funds each year for the grant FUNDING: There is no match required by the City. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. Bryan P. Smith 4� Chief of Police Attachments: Award documents BACKGROUND INFORMATION The Corpus Christi Police Department is in the eleventh year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full -time program analyst, one administrative assistant. overtime for 3 Corpus Christi Police Officers, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S Customs, and the Bureau of Alcohol, Tobacco, and Firearms The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells; Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country EXECUTIVE OFFICE OF THE PRESIDENT ')FFICE OF NATIONAL DRUG CONTROL POLICY Washington. D.C. 20503 March 30, 2007 Chief Bryan P. Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Smith: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number I7PH■P517Z) has been awarded in the amount of $127,500.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston High Intensity Drug Trafficking Area (HIDTA) and approved by the Office of National Drug Control Policy (OND(,' P). The original and one copy of the Grant Agreement, including certain Special Conditions, are enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand. Should your organization not adhere to these terms and conditions, ONDCP ma: terminate the grant for cause or take other administrative action. If you accept this aware_:, please ign both the Grant Agreement and the Grant Conditions and return a copy to Finance Umt National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL. 33172 (305) 715 -7600 Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Jaime Vega at (202) 395-6790 Enc llosure Sincerely, Ioseph D. Keefe Assistant Deputy Director Office of State, Local and Tribal Affairs Executive Office of the President Office of National Drug Control Policy Page 1 of 4 Grant Agreement 1_ Recipient Name and Address Chief Bryan P Smith Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: I7PHNP517Z 5. Grant Period: From 01/01/07 to 12/31/08 1A. Recipient IRS/Vendor No.: 1746000574A5 6. Date: 03/30/2007 7. Action lv Initial r Supplemental Subrecipient Name and Address 8. Supplement Number 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3 Project Title Texas Coastal Corridor Initiatives 10. Amount of This Award: $127,500.00 11, Total Award: $127,500.00 12. Special Conditions (check, if applicable) r� .fie above Grant is approved subject to such conditions or limitations as are set forth on the attached 3 pages 13 Statutory Authority for Grant: Public Law 110 -5 i4 Typed Name and Title of Approving Official Joseph D. Keefe Assistant Deputy Director Office of State, Local and Tribal Affairs 15. Typed Name and Title of Authorized Official Bryan P. Smith Chief Corpus Christi Police Department 16 Signature of Approving ONDCP Official .18 Accounting Classification Code DUNS: 069457786 EIN 1746000574A5 17. Signature of Authorized Recipient/Date 19. HIDTA AWARD Grant 17PHNP5177 Pat 2 of 4 GRANT CONDITIONS A. General Provisions 1 This grant is subject to: • OMB Circular A -87 "Cos; Principles for State, Local, and Indian Tribal Governments" (or, if applicable, OMB Circular A -21 "Cost Principles for Educational Institutions "); • OMB Circular A. -102 "Grants and Cooperative Agreements with State and Local Governments" (or, if applicable, OMB Circular. A -110 "Uniform Administrative Requirements for Grants and Agreements with. Institutions of Higher Education, Hospitals and Other Non -Profit Organizations" • OMB Circular .A -133 "Audits of States, Local Governments and Non - Profit Institutions"; "Government -wide Debarment and Suspension (Non procurement)," codified at 21 CFR § 1401 et. seq.: • "Government -wide Requirements for Drug -Free Workplace (Grants)" (codified at 21 CFR § 1401 et. seq.) • "New Restrictions on Lobbying' (codified at 18 USC § 1903 and 31 USC § 1352). • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC Title VI -42 USC § 2000d et seq.). • Immigration anc Naturalization Service Employment Eligibility Verification Form (I -9). 2. Audits conducted pursuant to OMB Circular A -133, "Audits of State and Local Governments ", must be submitted no later than nine (9) months after the close of the grantee's audited fiscal year. An original and one copy of the audit report shall be sent to the cognizant Federal Agency. The management letter must be submitted with the audit report. In addition, a copy of the audit report and management letter must be sent to. EOP /ONDCP Attention: HIDTA Financial Management Office GSD/RDF (202 395-673 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 Grant 17PHNP5171 Page 3 of 4 3 The recipient agrees to submit Financial Status Reports (OMB Standard Form 269) quarterly, during he award period. and at the end of the award period. These forms shall be faxed to the ONDCP HIDTA Financial Management Office at (202) 395 -5176 within 30 days after the end of each quarter. )ther reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4 The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records --elated to the grant. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP andior from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's "HIDTA Program Policy and Budget iuidance.' 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purpose,. 4. "rhe requirements of :'8 CFR Part 23 which pertain to information collection and management of .rlrninal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds tor confidential expenditures; 1 e. the purchase of information, evidence, and services for undercover c,perations. Those procedures are described in Section 6 -12 of the "HIDTA Program Policy and Budget Guidance " 6. 1 he grant recipient agrees to acwunt tar and use program income in accordance with the "Common 'R? u:e" and the HIDTA. Program Policy and Budget Guidance. Asset forfeiture proceeds generated by 'he HIDTA• funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with i these HIDTA grant funds is to be used for activities of the Houston HIDTA. If our agency acquires property with these funds and then ceases to participate in the HIDTA, you should make this equipment available to the HIDTA 's Executive Board for use by other HIDTA participants Grant 17P FIN P51 7Z Page 4 of -1 8 4 s law enforcement entities that receive funds from this grant must report all methamphetamine aboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at 'he El Paso Intelligence Centel- C. Payment Basis 1 4 request for Advance or Reimbursement shall be made using the Department of Health and Human Services Division of Payment Management System (www.dpm.psc.gov). Copies of invoices, payroll registers, and canceled checks must accompany the payment confirmation number to provide iocumentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted vithin 21 days before another advance or reimbursement will be approved. 2. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3 `except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act 31 U.S.0 6501 et seq.) and the Indian Self - Determination Act (23 U.S.C. 450), grantees and yubgrantees shall promptly, but at least quarterly, remit interest earned on advances to the Department ,f Health and Human Services. Division of Payment Management (HHS/DPM). When submitting your becks, please prov;ae a detailed explanation which should include: reason for check (remittance of merest earned on HIDTA advance payments), check number, grantee name, grant number, interest aeriod covered, and ontact name and number Ms. Jane: Fowle- Division of Payment Management Department of Health and Human Services 11400 Rockville Pike, Suite 700 Rockville, MD 20852 4. The grantee or subgrantee mat seep interest amounts up to $100 per year for administrative purposes. CFR § 1403.21ft)(2)(i) et seq. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: N ame: Title: Chief Date: Agency: orpus Christi Ponce Departmer initiative: "exas Cassia' Corridor Initlativ» Effective Dates: )1/C112007- 1213'!2006 Grant #: 7oHNP5172 Personnel FMS Description Budget Detail per Submission !Fringe Benefits Overtime Services administrative Stab Analyst • Program - amintstrative Assistant 25,000 1.00 25,000.00 Total Administrative Staff 25,000.00 .ogramManager- Intelligence Analyst- Total Analyst - Program 40,000 1.00 40,000.00 Total Personnel 40,000.00 Aomanietrative Staf• Analyst • Program hammistrauve Assistant 6,500 1.00 6.500.00 Total Administrative Staff rograrr Manager- Intelligence Analyst 9,500 1.00 9,500.00 Total Analyst - Program 6,500.00 9,500.00 Total Fringe Benefits rvestigative -Law Enforcemenn Officer ace Of`cer(3) 1 26,700.00 26,700.00 Total Investigative -Law Enforcement Officer Total Overtime 26,700.00 aemcte Lease - Passenger .ase `Ja +Ge ;31 12 1,650.00 19,800.00 Total Vehicle Lease - Passenger Total Services 19,800.00 Total CCPD -TCCI FY2007 65,000.00 16,000.00 26,700.00 19,800.00 127,500.00 ORDINANCE APPROPRIATING $127,500 IN THE NO. 1061 POLICE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $127,500 from the Executive Office of the President, Office of iskitional Drug Control Policy is appropriated in the No. 1061 Police Grants Fund to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the en of May, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form 7$14 ` ( , 2007 Joseph i mey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 8, 2007 AGENDA ITEM: Ordinance transferring $725,000 from the No. 1020 General Fund to and appropriating in the No. 1067 Parks and Recreation Grants Fund as City required matching funds for the 2006 -2007 Senior Community Services Program. ISSUES: The City matching funds for the Senior Community Services Division were approved in the Fiscal Year 2007 budget and must be appropriated in the No. 1067 Parks and Recreation Grants Fund. COU*VCIL ACTION: City Council action is required to authorize the expenditure of funds and appropriate City matching funds for the Senior Community Services program. PREVIOUS COUNCIL ACTION: Council approval is required to authorize City matching funds on an annual basis for the continuation of the Senior Community Services Programs including the Elderly Nutrition Program Retired and Senior Volunteer Program, and Senior Companion Program. FUNDING: Funds were approved in the FY 2007 City Budget. CONCLUSION AND RECOMMENDATION: City Council authorization is requested for the transfer of funds from the No. 1020 General Fund and appropriation of the transferred funds as City matching funds in the No. 1067 Parks and Recreation Grants Fund. Say av Parks and Attachments: Background Director ecreation Department BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through federal and state grants, which contribute 58% towards the total operating budget. These projects include the Elderly Nutrition Program, Retired and Senior Volunteer Program and the Senior Companion Program. The requested appropriation of funds includes the required cash match for the grants received, as well as funds to maintain the current levels of services offered at eight Senior Centers All congregate and home delivered meals operations are coordinated through the Elderly Nutrition Program. This service provides a fully prepared, well - balanced meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared in the Nutrition Education and Service Center located at the Del Mar College West Campus. We project to serve 150,741 congregate meals and 125,534 home delivered meals this fiscal year and 870 hours of Benefits Counseling service units. Senior center operations offer a comprehensive social services component; recreation /leisure activities: nutrition education: advocacy; health education; community education; special interest classes and physical fitness /wellness programs. There are 8 designated senior centers located throughout the city. The Retired and Senior Volunteer Program has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community During the past grant period over 965 enrolled volunteers contributed over 145.359 hours each month through 100 different non - profit, health care proprietary and governmental agencies The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound and elderly persons in the community. The Companions assist homebound individuals with daily living tasks, such as meal preparation, respite care, grocery shopping and light housekeeping. Their assistance allows homebound clients to remain in their homes, delaying institutionalization. There are presently 67 Companions providing 66,949 hours of community based services to 71 disabled or homebound clients in Corpus Christi ORDINANCE TRANSFERRING $725,000 FROM THE NO. 1020 GENERAL FUND TO AND APPROPRIATING IN THE NO. 1067 PARKS AND RECREATION GRANT FUND AS CITY REQUIRED MATCHING FUNDS FOR THE 2006 -2007 SENIOR COMMUNITY SERVICES PROGRAM; AND DECLARING AN EMERGENCY, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $725,000 in the No. 1020 General Fund is transferred to and appropriated in the No. 1067 Parks and Recreation Grant Fund as City required matching funds for she 2006 -2007 Senior Community Services Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached: the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of May 2007 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May , 2007 Zf., /l Lisa Aguilar' Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas day of 2002 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 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Mav 8, 2007 AGENDA ITEM: Motion approving the allocation of $75,387.00 from the Hotel Occupancy Tax Fund and $31,905 from the General Fund to fund grant contracts with sixteen (16) arts and cultural organizations for a total of twenty -three (23) arts projects. Funding was authorized in the FY 2006 -2007 budget. ISSUE: Funds are annually allocated for Arts and Cultural subgrant awards. The Arts and Cultural Commission makes recommendations for allocation of those funds and refers their recommendation to City Council The Arts Grant guidelines require City Council approval of ail subgrant awards. REQUIRED COUNCIL ACTION: Allocation of the Arts Projects funding and the awarding of the art subgrant allocations to the arts organization must be approved by the City Council. PREVIOUS COUNCIL ACTION: This is an annual request. $107,292.00 from the Hotel Occupancy Tax fund (Arts Grants/Projects) and the General fund (Arts Subgranting) was authorized in the FY 2005 -2006 budget for arts awards for arts /cultural activities and art/cultural projects. Board /Commission Action: The Arts and Cultural Commission approved their final recommendation at their April 24, 2007, meeting. FUNDING: The total recommended allocation of $107,292.00 is to be funded from the FY 2005 -2006 budget authorization for arts in the Hotel Occupancy Tax Fund (1030- 13815- 530000- 000000) and the General fund (1020 - 13825- 530000 - 000000). COMCLU8#ON AND RECOMMENDATION: It is recommended that the motion be approved for the allocation of $75,387.00 from the Hotel Occupancy Tax fund (1030 - 13815 - 530000) and $31,905.00 from the General fund (1020- 13825 - 530000) to fund a total of 16 arts and cultural organizations. Funding has been authorized for the FY 06- 0? budget. Sally Gavlik, Director Fr- Parks and Recreation Department Attachments: Background Information 2007 Subgrant Awards Sheet BACKGROUND INFORMATION Annually, the City Council includes funding in the operating budget for support to various non -profit arts programs in the City. The Arts and Cultural Commission (formerly the Municipal Arts Commission) solicits grant requests from local organizations and then makes its recommendation of funding to the City Council. The recommendation for FY 05 -06 is based on a two -part evaluation of grant applications by the Arts and Cultural Commission members as a whole and the Cultural Enrichment Committee, a standing committee of the Arts and Cultural Commission. The recommendations are based on artistic merit, community needs, impact on tourism, the applying organization's ability to match the grant (50% of the total project award), and how well the artistic production will be marketed. A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986, modeled after the Texas Commission on the Arts Peer Panel Review and has been updated regularly ever since. The process uses a worksheet rating system that addresses specific questions on the quality of each grant request. The Cultural Enrichment Committee has, over the years, continued to improve the funding application packet. The final recommendation is adjusted mathematically to the amount of funds available Applicants have the option of applying for up to two projects, for a grant total per organization of $10,000 This year, 26 project grant requests totaling $150,805.00 were received. The Arts and Cultural Commission is recommending that the 23 project grants requests from 16 arts and cultural organizations be funded. The Arts Subgrant Guidelines define a process that provides an organization with two opportunities to appeal their recommended level of funding —first with the Arts and Cultural Commission and then with the City Council. This year there were no appeals. No organizations were denied funding through the Hotel Occupancy Fund guidelines for the fiscal year. The total allocation recommended by the Arts and Cultural Commission to the arts organizations is $107,292.00 for art subgrants. Arts Group /Organization 2007 Subgrants Awards Project Subgrant Award HOT GF 1 a) Alcorta's Ballet b) Alcorta's Ballet 2. a) Bailee Nacional b) Ballet Nacional 3. Bayfest 4 Cathedral Concerts 5 CB Quilt &Needlepoint 6. a) School for the Arts b) School for the Arts 7 CB Wildlife Habitat 8. Chamber Music So. 9.. a) CCConcertBallet b) CCConcertBallet 10. Intl. Competition 11 .CCSymphony Soc. 12. Corpus Beat 13. Philipino Society 14. a) STIA b) STIA 15. a) TAMU Perf. Arts Noche Inolvidable Spring Break Special Noche de Gala Salsa Fiesta Children's Art Tent 2007 Concert Series Seaside Show Mime and Movement Chamber Music Workshop Photography Exhibit 2007 Series Bailando al aire libre Spring Gala 37th International Competition Rachmaninoff with Joyce Yang Student Traveling Art Exhibition M. Gomez, Soprano The Territory Film Series Rembrandt and Durer Ferguson Bravo! Series b) TAMU -Weil Gallery Mobile Foundry 16. Tejano Acad. Fine Arts Sixth Annual Talent Showcase Total 530000- 1030 -13815 Arts Grants /Projects (HOT funding) $5655 $3450 $ 992 $7200 $9800 $4500 $9300 $8200 $7100 $2660 $4800 $3120 $2010 $6600 $75387 $4050 $4300 $2660 $8700 $1825 $1700 $4400 $4270 Total 530000- 1020 -13825 Arts Subgranting (General Funds) $31905 Grand Total: $107,292.00 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 8, 2007 AGENDA ITEM: Ordinance authorizing the City Manager or designee to execute a lease agreement with Epic Sports and Entertainment, LP for US Wind and Water Open 2007 (formerly Velocity Games) and related activities to allow use of McGee Beach, McCaughan Park, and Skate Park during May 10 through May 14, 2007. ISSUE: Council is requested to approve the date, location and consideration for the US Wind and Water Open 2007 (formerly known as Velocity Games). REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with oubtic events. PREVIOUS COUNCIL ACTION: City Council approved the 2006 Velocity Games lease agreement for the annual competition and related activities. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Sally Gavli , Director Parks an Recreation Department Attachment: Lease Agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH EPIC SPORTS AND ENTERTAINMENT, LP FOR US WIND AND WATER OPEN 2007 (FORMERLY VELOCITY GAMES) AND RELATED ACTIVITIES TO ALLOW USE OF MCGEE BEACH, MCCAUGHAN PARK, AND SKATE PARK DURING MAY 10 THROUGH MAY 14, 2007; AND DECLARING AN EMERGENCY, BE IT ORDAINED 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 Epic Sports and Entertainment, LP for US Wind and Water Open 2007 (formerly Velocity Games) A copy of the lease agreement in substantial form is attached as an exhibit The Agreement provides for exclusive use of McGee Beach, McCaughan Park and Skate Park during period of Thursday May 10 through Monday May 14, 2007, and nonexclusive use of such areas c May 9 and 10, 2007, all as described in the Lease agreement SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th day of May, 2007 ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved May 1, 2007 By: vz Lisa Aguilar, Assist for City Attorney City Attorney Henry Garrett Mayor State of Texas County of Nueces Page 1 of 11 Lease for US Wind and Water Open 2007 Know All By These Presents: This Lease is entered into between the City of Corpus Christi ( "City "), a Texas home - rule municipal corporation, acting through its duly designated City Manager, and Epic Sports and Entertainment, LP a Texas limited partnership, ( "Lessee ") acting through its duly designated Agent to produce the US Wind and Water Open 2007 (formerly known as Velocity Games), and in consideration of the covenants contained in this document. 1 Definitions. a Lease means this document, including all attachments and exhibits that are referred to it this document b City means the City of Corpus Christi, a Texas home -rule municipality. c Lessee means Epic Sports and Entertainment, LP. d Event or the Event means US Wind and Water Open 2007, formerly known as Velocity Games 2007 and related activities sponsored by Lessee. e Premises means the site for the Event, more fully described on the attached Exhibit A. f City Manager means the City's City Manager or his designee. g Parks Director means he City's Director of Parks and Recreation or his designee h City Traffic Engineer means the City's Traffic Engineer or his-designee-.— i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee. for the Event, as shown in the attached Exhibit B. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. I City Attorney means the City's Attorney or designee. 2. Term. This Lease is for a term of five (5) days, commencing on Thursday May 10, 2007 and ending on Monday May 14, 2007. Lessee will be entitled to exclusive use of the Premises for a period of four (4) days from Noon on Thursday May 10, 2007 through 10:00 A M Monday May 14 2007 and non- exclusive use of the Premises for Page 2 of 11 the purposes of set -up on Wednesday and Thursday May 9 and 10, 2007 and for purposes of take -down on Monday May 14, 2007. 3. Premises. City grants to Lessee the privilege of using the City property described on the attached Exhibit A to conduct the Event. The property is generally described as follows a. McCaughan Park: The City property (referred to generally as McCaughan Park) bounded on the west by West Shoreline Blvd., on the east by East Shoreline Btvd. ( "ESB" ), on the north by Park Ave. ( "PA "), and on the south by Furman Ave. 'FA b. McGee Beach: The City property referred to generally as McGee Beach. Lessee must at all times keep the Seawall Walkway free of obstructions and must keep spectators off the breakwaters. No specific area of the bay will be reserved and the City will not furnish boat patrol of the bay. Lessee shall furnish motorboat water rescue patrol with safety personnel on the boat, during the Event, c. Parking Lot: (1) The parking lot bounded on the south by Park Ave. and adjacent to the north side of McCaughan Park, bounded on the west by West Shoreline Blvd.. and on the east by East Shoreline Blvd.; and d. Skate Park. Skate park located at Cole Park. 4. Premises Revisions. Activities by Lessee will be limited to the above described Presses, If Lessee wishes to use any additional City -owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or other structures or apparatuses may be placed by Lessee on the grass or shrub - covered areas of the Premises except as provided by the site plan and Event Layout Diagram in the attached Exhibits A, respectively, without prior written approval from the Parks Director If Exhibit A is revised, a new Exhibit will be filed with the City Secretary and Parks Director--and supersede the existing Exhibit. Any new Exhibit becomes effective- • upon-- - its filing with the City Secretary 5. Event Layout Diagram. Lessee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Lessee must pay City applicable Parks and Recreation Special Event Permit fee and applicable Traffic Engineering permit fee. 7. Payment of City Costs. In consideration for use of City property Lessee will pay the Coy within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event. including but not limited to the cost for those services provided by the Parks & Recreation Department. the Traffic Engineering Department, and the Police Department. Page 3 of 11 The City will invoice Lessee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Lessee, the City will furnish reasonable supporting documentation of the charges within ter (10 calendar days a. Costs. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b. below 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. Lessee will pay City's Costs, if any, as billed within 30 days after City tenders invoice to Lessee b. Notice of Costs. For planning purposes only, attached as Exhibit C 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 Lessee 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 D. Notwithstanding the cost shown in Exhibit D, Lessee shall be liable for all actual cost incurred by City related to the Event even f the actual cost exceeds the cost shown in Exhibit D. c. Late Fee. Lessee's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Lessee shall result in a late payment fee being assessed against Lessee. 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-tl .._• 8. Deposit. No deposit is required for this lease. 9. 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: Director of Parks and Recreation City of Corpus Christi P O. Box 9277 Corpus Christi TX 78469 -9277 "361) 880 -3461 If to Lessee: Epic Sports and Entertainment, LP Jessica Davila- Burnett 508 N. Mesquite Street Corpus Christi, TX 78414 (( 361) 877 -8435 cAX (361) 880 -3864 e -mail SailyG @cctexas.com e -snail MichelleT @cctexas. corn FAX (361) 877 -8435 email: jessicaedavila @yahoo.com Page 4 of 11 10. Parking. Lessee will provide parking and signage for people with disabilities in close proximity to the Event entrance and defined on the Premises map (Exhibit A) and Event Layout Diagram. In addition, Lessee will provide parking passes for City personnel scheduled tc work during the actual Event. 11, Barricades, Traffic Signs, Security. Lessee must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions/facilities affected by any street closures and traffic circulation around the Event, as shown in the Traffic Control Plan (Exhibit B). For the 2007 Event, however, no Exhibit B shall be attached, as no street closures are being requested, Instead, such barricade and traffic requirements shall be detailed in the applicable Traffic Engineering permit. Lessee must provide uniformed Security Officers for the Event assigned functions during set up and take down of the Event, during the Event and after the Event closes each night until it opens the next day. City will provide crowd control and traffic control for the Event as the Police Chief determines is necessary and include costs of Police Officers as described in Section 7 above 12. Snage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. Lessee's Agent may request nflatabie advertising only for events that receive national television exposure, which must be pre- approved by the Parks Director prior to being installed. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. Lessee must pay the cost of additional signage. 13. Rest rooms, Drinking Water and First Aid. Lessee must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking ter-4or -the- public -as- determined by the Parks Director. Throughout the duration of the Event Lessee shall also provide the following: (1) A readily identifiable first aid station with two certified paramedics; (2) an emergency beach vehicle [four wheel drive `Gator"]: and (3) motorboat water rescue patrol, with safety personnel on the boat. 14. Insurance. Lessee must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirements of the Citys Risk Manager as shown in the attached Exhibit E. The City must be named as an Additional Insured on all liability policies. Lessee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit E. to the City's Risk Manager two (2) weeks prior to the non - exclusive use Period. Page 5 of 11 Lessee must require ail volunteers to sign an accident waiver form that Lessee must keep on file. This form must be submitted to the City Attorney for approval. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties. In addition, Lessee must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. This insurance must not be canceled, non- renewed or materially changed without 30 days prior written notice to the Parks Director 15. Indemnity. Lessee must indemnify and hold City, its officers, agents and employees ("lndemnitees") 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 that any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Lessee, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental 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 described in this Lease or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if that damage or injury results from gross negligence or willful misconduct of the lndemnitees. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. Page 6 of 11 16. Safety Hazards. Lessee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. 17. Damages to City Property, Parks Director will provide to Lessee a list of damages to City property within two (2) days after the close of the Event. Lessee will 'estore all items on the list within three (3) days after receipt of the list. If Lessee fails to restore all items on the list, Parks Director may do so and invoice Lessee for Costs, as set out in Section 7 above. Lessee or its agent must fill and compact all holes in grassy areas made by Lessee or any entity or person participating in the Event. Parks Director must approve fill material Any subsidence within the Premises must be additionally filled by Lessee or its agent until no subsidence occurs 18. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes in the pavement, curbs or sidewalks or seawall requires the prior written approval of the City's Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 19. Permits. Lessee must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. In particular Lessee must obtain a Regatta Permit from the Coast Guard to use the waterways for its Events. Lessee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks and Recreation Department, if alcohol will be sold at the Event. Lessee must notify the Parks Director of any special conditions imposed by any permitting agency. Lessee must require all vendors to obtain and comply with appropriate permits from the City - County Health Department for sale of foods and protection of the public welfare. 20. Cleanup. Lessee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Lessee may designate the zone, but it will not be Tess 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 properly deposited in a trash bag provided by Lessee and taken to a location designated by Lessee if there are any storm water inlets anywhere within the Premises, Lessee must install screens. approved by Stormwater - Utility Division, across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Lessee must remove the screens after the close of the Event. However, Lessee must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. Page7of 11 21. Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the non - exclusive use period in Section 7. Construction that causes damages will only be allowed if Lessee provides the Parks Director prior written assurances that Lessee will remedy said damages in accordance with Section 17 above 22. Temporary Buildings. All temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non - exclusive use time period. 23. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Lessee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins City authorizes Lessee to access and temporarily modify City's existing electric service distribution center in McCaughan Park in order to distribute electric service to Premises. Lessee, at Lessee's sole expense, shall remove the modifications within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this L. ease Lessee shall reimburse City (under Section 7 of this Lease) for electric service consumed during the Term of this Lease. 24. Permissible Vendor Location Markings. No paint or semi - permanent marking will be permitted that in any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape 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). 25. Dispute Resolution. City and Lessee agree that any disputes that may arise between them concerning this Lease, such as determining the amount of damage to City property related to the Event, 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 10 days after the written decision of the City Manager has been sent to Lessee. In the event of an appeal, the decision of the City Council will be final. This Lease in no way waives Lessee's rights to seek other legal remedies during the appeals process. 26. Fire Lanes. Lessee must. at all times, during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. Page 8 of 11 27.Assignment. Lessee may not assign or transfer this Lease or sublease the who or any part of the Premises or make any alteration therein without the prior written consent of the City. 28. Termination. Any failure on the part of Lessee to perform any of the covenants contained in this Lease or any breach of any covenant or condition by Lessee entitles City to terminate this Lease without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Lessee shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Lessee and those sums inure to the benefit of City as a set -off against any debt or liability of Lessee to City otherwise accrued by breach of this Lease 29. Right of Lessee to Use Public Property and Streets. Lessee acknowledges that the control and use of public property and streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease does not confer any right title, or interest in the public property and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval g City Council as required by City Charter and ordinance and the compliance by Lessee with the terms and conditions contained within this Lease. 30. Not Partnership or Joint Venture. This Lease may not be construed 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 responsibility for the conduct of the Event or associated activities Payments received from Lessee by the City are compensation for provision of City services as described herein and for the right of Lessee to use public property for the limited purpose described in this Lease. 31. Compliance with Laws. Lessee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act, all at Lessee's sole expense and ost 32. Non - discrimination. Lessee warrants that it is and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 33. Security. Lessee must provide uniformed Security Officers during set up and take down of the Event, during the Event, and after the Event closes each night until it opens the next day. Lessee will assign these Security Officers to certain tasks. These Security Officers must be off duty City police officers that are paid directly by Lessee; provided, however, the Police Chief may determine that a security guard service will be adequate for the Event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off-site traffic Page 9 of 11 contra The Police Officers will be assigned duty stations by the Police Chief, or his designee. Lessee shall pay to City the cost for these services as provided in Section 7 above 34. Cancellation of Event. City Manager or his designee, reserves the right, at all times and in his sole discretion to cancel the Event if cancellation is necessary to protect the public health, safety. or welfare. If the Event is cancelled under this section, Lessee relieves City from all liability that may result from the premature closing of the Event 35. Entire Lease. This Lease and the attachments and exhibits referred to in this Lease constitute the entire Lease between the City and Lessee for the use of the Premises for the Event . All other Leases, promises, and representations, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and the attachments and exhibits referred to in this Lease, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. 36. interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts Venue lies in Nueces County, Texas, where this Lease was entered into and wil! be performed The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provisions unenforceable, invalid, or illegal 37. Modifications. No provision of this Lease may be changed, modified, or waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Execute() in Duplicate Originals on LESSEE Epic Spo and Entertainment, LP r��,�, By: Name essica Davila- Burnett, Manager, J2 Sports and Entertainment, LLC, sole general partner of Epic Sports and Entertainment, LP STATE OF TEXAS , 2007. Page 10 of 11 COUNTY NUECES This instrument was acknowledged before me on 2007, by of Jessica Davila- Burnett, Manager of J2 Sports and Entertainment, LLC, sole general Partner of Epic Sports and Entertainment, LP, a Texas limited partnership. Notary Public, State of Texas Printed Name: Seal Expiration Date: ATTEST:. Armando Chapa City Secretary APPROVED May 1 2007 Lisa / guile Ass? =tant Ci y Attorney For City Attorney STATE OF TEXAS COUNTY OF NUECES Page 11 of 11 CITY OF CORPUS CHRISTI George K. Noe City Manager 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 the corporation. Notary Public. State of Texas Printed Name: Seal: Expiration Date cf) UJ — 0 z • ‹. ▪ c. C L2' Q 4- CO 11111 1 11 0 ' i/ LJ . a c g__,- (-NI C..) i / CL L.J ■ Lk_11 z 0 si z 1.1 < LU LU LIJ = 0 uJ < < LLJ 1-1-1 0 ca r•J U S WIND AND WATER OPEN 2007 Epic Sports and Entertainment, LP Estimated Expenses ** Park and Recreation Expenses Park Operations: I.) Barrels $330.00 2.) Restroom cleaning (1 person) $500.00 Street Department Expenses' Street Department Services: 1.) In the Del Mar Subdivision as per our standard plan. Set up Friday morning before yam and take down Monday morning before gam Labor $530.00 Vehicle: $50.00 Equipment $84.00 2.) Along the north bound lane of Shoreline on the Seawall side from Holiday Inn to 50 feet north of the Wiener Schnitzel stand. Set up on Thursday afternoon before the end of the work day and take down ,,n Monday before gam. Labor Vehicle< $160.00 $15.00 TOTAL: $1,669.00 * Street Department Expenses Lost cones will be additional expense. Costs of lost cones are as fellows: 28" cones are $15!eacri and 42" cones are $45 each. * *t`S Wind and Water Open 2007 may or may not use all services estimated on this sheet. EXHIBIT INSURNCE REQUIREMENTS A. Lessee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. The Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability pol'cies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates COMMERCIAL GENERAL LIABILITY ir-iudii ( Commercial Form 2 Premises — Operations 3 Products/ Completed Operations Hazard 4 Contractual Liability 5 Broad Form Property Damage 6 Independent Contractors 7 Personal Injury i WATERCRAFT LIABILITY $5OC,000 Combined Single Limit 3od?ly Injury and Property Damage Jer occurrence aggregate 1,000,00C Combined Single Limit LIQUOR LIABILITY 1. Vendors providing and or selling aiconol J $1,000,000 Combined Single Limit AUTOMOBILE LIABILITY -- Owned No l owrec Or rented ve1'ticles 1 Contractors & Subcontractors delivering tents, stages, bleachers temporary structures and large items Lessee workers and volunteers WORKERS' COMPENSATION EMPLOYERS' LIABILITY $500,000Combined Single Limit AT A MINIMUM , STATUTORY LIMITS of $20,000 / for BC DILL' INJURY & $15,000 for PROPERTY . DAMAGE Required if Lessee employs any person other than :1-nst;lf /herself: wH,CH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS 57.:,00 MEDICAL PAYMENTS per PERSON 1' =,''J0 DEA TH cr DISMEMBERMENT per PERSON _:. In the evert of accidents of any kind Lessee rrust furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2007 'Velocity Games ins. req, 3 -29-07 ep Risk Mgmt ll. ADDITIONAL REQUIREMENTS A Lessee must obtain workers compensation coverage through a licensed insurance company in accordance with Texas law Tne contnct for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in Amounts sufficient to ensure that all workers' compensation obligations in, urred by the Lessee will be promptly met. B Certificate of Insurance: The City of Corpus Christi must be .: :r.ed as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the st, iclard ACORD form, the cancellation clause (bottom right) must be amended by aiding the wording "changed or" between "be" and 'canceled ", and deleting tie words "endeavor to ", and deleting the wording after "left" In the alternative: col:, c a policy endorsements with the required cancellation language, is - equired The name of the event, including exact dates including move -in and move out dates shall be shown under ihe r)3!::; i pticn of Operations/ Locations / Vehicles/ Specia= items At a minimum. a 3G -thy written riAice to the Risk Manager and Parks and Recreation D+rector of cap,ce!,atior_ r..,, :aerial change, non - renewal or termination is required If the Certificate of insura,-,ce does not show on its face the existence of the coverage required by items 1.B ( t) 7) an authorized representative of the insurance company must nclude a letter spebficaliy s atir 'whether items 1.B. (1) -(7) are included or excluded 2007 Velocity Games ins rec 3 -29 -07 ep Risk Mgmt. 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 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 8, 2007 AGENDA ITEM: ISSUE: Ordinance appropriating $1 ,515,130.29 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements; amending ordinance 026908 which adopted the FY 06 -07 operating budget to increase appropriations by $1,515,130.29; and declaring an emergency . REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. PREVIOUS COUNCIL ACTION: On March 25, 2003 City Council adopted an Ordinance to add a Community Enrichment Fund 4720. In Section 4 of the ordinance the City Council approved $773,062.31 to be transferred from Trust Fund 6010 to and appropriated in Community Enrichment Fund 4720. FUNDING: The Platting Ordinance requires that land or money is dedicated for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers. When money is dedicated in lieu of land, these funds are deposited into the No. 4720 Community Enrichment Fund in separate accounts for each park CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Attachment: Sa ly a' '�, Director Parks an r Recreation Cindy O'Bri Director Finance Department BACKGROUND INFORMATION On March 25, 2003 City Council adopted an Ordinance to add a Community Enrichment Fund 4720. in Section 4 of the ordinance the City Council approved $773.062.31 to be transferrer; from Trust Fund 6010 to and appropriated in Community Enrichment Fund 4720 The Platting Ordinance requires that land or money is dedicated for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers When money is dedicated in lieu of land, these funds are deposited into the No 4720 Community Enrichment Fund in separate accounts for each oark. ORDINANCE APPROPRIATING $1,515,130.29 IN DEVELOPER CONTRIBUTIONS AND INTEREST EARNINGS IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK IMPROVEMENTS; AMENDING ORDINANCE 026908 WHICH ADOPTED THE FY 06 -07 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $1,515,130.29; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS SECTION 1. That $1;515 130 29 in developer contributions and interest earnings is appropriated in the No. 4720 Community Enrichment Fund for park improvements SECTION 2. That the FY 06 -07 Operating Budget adopted by Ordinance 026908 is amended to increase appropriations by $1,515,130.29. 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 8th day of May; 2007 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May 1 200' Lisa Aguilar 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: 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 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 8, 2007 AGENDA ITEM. Ordinance authorizing sate of fiftvv -seven (57) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent tax appraisal value as described on the attached Exhibit A: and declaring an emergency. ISSUE Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of such properties. Approval of this Ordinance will authonze the Nueces County Judge to execute a resale deed for each of these properties. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed properties. CONCLUSION AND RECOMMENDATION: Staffrecommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll Cindy O'Brie Director of Financial Services Attachments: Background Information Exhibit BACKGROUND INFORMATION Properties within the City of Corpus Christi ( "the City") are periodically foreclosed due to nonpayment of ad valorem taxes The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. brought forward fifty -seven (57) properties for resale at the opening bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The opening bids are set at 30% of the most recent tax appraisal value. If any of the properties are not sold at this initial auction, it is proposed to immediately re- offer those properties for sale by the auctioneer at half of the original opening bid. This action is to ensure that every reasonable effort is made to sell the properties and -eturn them to the tax ro Is. City departments have reviewed the list of properties for potential City use and have identified five 5) properties that are in our Neighborhood Initiative Program focus areas. These are all vacant lots. • Item 35. 1918 Peabody • Item 3o. 1921 Nueces • Item 30. 1701 Lexington Ave. • Item 4y 1705 Lexington Ave. • Item .5'.1 1310 Peabody The City would like to allow the citizens the opportunity to purchase these properties in order to put the properties back on the tax roll as soon as possible. However, if these properties do not sell during the auction. the City will include these properties in our inventory for future consideration. ORDINANCE AUTHORIZING SALE OF FIFTY -SEVEN (57) PROPERTIES SHOWN ON THE ATTACHED AND INCORPORATED EXHIBIT A AT A TAX RESALE AUCTION WITH OPENING BIDS OF 30% OF THE MOST RECENT TAX APPRAISAL VALUE AS DESCRIBED ON THE ATTACHED EXHIBIT A; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the sale of fifty-seven (57) properties shown on the attached and incorporated Exhibit A at a tax resale auction, with opening bids of 30% of the most recent tax appraisal value, as described on the attached Exhibit A. Should property fail tc sell opening bid shall be further reduced by one -half. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 8th of May, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved May 1. 2007 By: :(,. .'" Lisa Aguilar 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: 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 i a. 1 , 8 .i.• ..., ';'....' 3 3 ..a. - 3 9 s0 a . ... ,....1 ,....■ ,.... iv 47 9 i .... , 0 , p - , 7.1 30 , 3' I N C., . 0 t..., 195 8 ' - 8 C 3 ..., -,Z; I -, 7; -..., C ' .0 ..,... GO . . -...• ... C 0 ..- 8 _ 2; 3 .. ... 00 -.4 " A N .01 ..; 0 0 ,.... A ';;••• ^. 0 - N .... h 0 0 I,.., / ...I N '.; 0 / ...■ N .... 0 l l/1 0 ,4 1 0 ■1 ,.0 '14 C 0 l.et ,1 SUIT NUMBER WINNIF FAY RAKOS F1 ( )IDA SI 1411 VI-DA < ... Z 7 < > '.`•• C 36 Z > .. .._ - .,.....- ,-- , „, Z > 9 _ ••.-. - 1 -........ ,=.1 ... , - 7 > :..- -, > z ,.... ,..... ..... -- 7 1 .:. ., - - ._ ? C. > K = _ _ > Z _ , ,... MARIA RODRIGUEZ JOHNNY B. BROOKS, S NO! _EN BAIL FY ,...... >-3 -.."' JOHNNIE MAE DANIEL CLARA LARA FRANK CABALLERO MANUEL MALDONAD ELIAS MARTINEZ DEFENDANT NAME LOT 31 BLOCK 1 MEADOW PARK I CII 15 BI 0(K 4 ( "ARVFP ADI11I I(IN 1 rLUT 6 BLOCK 1 Sl1MM1 I ADDII IUN 1 ' //29/05 ICI 1 IZENS .AOLI 3 34 )N -r, ..., ..7, - T ' H T ,-„,) H .-. ..., 7:r. ,-, > .c: 7 ....- -- ;4 ', X '''0 , 5; R. .9 -0' > 72 p- :"... 'sc. ■-• ...., Z - LOT 9 BLOCK 4 AUSTIN ADDITION LOT 7 CUMMINGS SUBDIVISION LOT 20 BLOCK 1 LA ARBOLEDA LOT 19 BLOCK I LA ARBOLEDA I.OT 3 BI.00K 2 SHORELINE PARK LOT 39 BLOCK 1 FERRELL ADDITION LOT 12 BLOCK 18 MEADOW PARK ILOT 4 BLOCK 3 BAYVIEW ADDITION NO. 4 EAST 1/2 LOT 16 BLOCK 2 NUECES ACRES 2 LEGAL DESCRIPTION 0- . SO - -- . 2; -. - :5 ..-0 C.. •,-• - - - ' ,',.... i 8 - 0 -, ....... - L...I - NJ a ,..n - .1:‘. ....... --.. DATE OF SALE ...; tt, . 9 .....; :'..... ; ,. 9 ., .. ...... i 6.1 - to 1 Itel 1 p.. ,,. 4, N 2,.. .,, ,.., $5,040 .I:. ..... .... OSL'S$ $32,638 $7,483 PROPERTY VALUE • . - • , 4:7 1 r...1 0 I 3 3 '0 .0. 0 • • 0c 1 C -4-1°- . A ; C C , , . f.0 : I Z .7 ! 0 s' I. c' • -.1 ■ -4,.., '''' N., ' " -n . ■ - • $1,730 t...., 1-4 '9 OPENING BID - . . .4, ......: i . : 'f'.. 1 8 ; '_. . . ' 5 1, 0 1 5 z ! 0 ! 9 0 i 0 i - . ,., ......a 8 0 o _. , , ., . : E. :-.., .. , .; C ..: 0 s ,-.-., c R. - - ...., _ ..." .0 .3 “ --_::. , ,_-: --;. .. .., - , 3 .... 4> ...., i A., ■ ' ,.. 0 . - , .9 , 0 z. .0 _. 0 1032- 0001 -0 . - 0 _ 1...7 0 t,..., O 0 0 - 0. O 0 4> 00 •C! 0 0 u., 0 00 c. ACCOUN NUMBS - --. i 5 ..-:. .. 0 i,■■,11........... t,..-, 0 < › rz, ... z -, ',.., , , . :.--.. i I-- .:„ . > ...... ... 3. , E,., <- . -. )4 4 ,... > , 2 , , - - < > z .... 7- 1 -,-.' , z _ . - .-- 2 .. : N C... ((11.LNVJVAI 060 -0 .0 3 ,...., 070 VACANT LOT < ,....., > z , :-- - .0 < ,_. > z - 030 VACANT LOT 390 HOUSE AND LOT 120 VACANT LOT 040 HOUSE AND LOT 162 VACANT LOT T TYPE OF R PROPERTY 11) IUINV -1St 1(11-1 1UIINVJVA i o .. INV 1Sf 14_17-11 1505 1( )WAR, 175 45 2IS OSAGF 1,001 46 202 901 1 -1)AI( 90944 ...., 0 e■ !....! ...! _ 00 , ," . 2; 4-. - . , , 0 '- ..r. ... z ■ r - . .„ . C t ! A 8 > Z rn 4 rr < 0-' - -> -: .- x - , ., . --, - r.- 1918 PFABODY , H 3018 OR EENWOCID 3014 GREENWOOD 2409 SUMMERS 2426 VIOLA 301 CHEYENNE _ s,0 11625 MALLARD r -1 5 z - . ; - I ' S _. C 5, 00 -4-- 1 . C i ..... 0 ,- 0 < 0. 0 0' . J ; tj ' A 0 - C -,. 20 0 0 1,329.47 0.4 J - ,-. to 00 4:7 0 0 IV 0 9 7 " A ; -A - ; J -4 f - 30 ,....1 A A-- A 0 AI .... OC +' . QC 4. C '-0 0' , ' . 00 4. 57 .7 ,. 1 ... .._ 50 0. - - - ..0 - 0 0 ,....... 8,084 65 5,454 57' , 0. 3' 0 12,454.26 -0 .0. 9 t.il -• ,..4 -. I01 TOTAL `.., ; - . 0 .", , .0 - = t , - . - ,.-- 00 0 a A - . .., - .4 ; _.; A. .> . . ^' , 2 1 -,.. . 0 . 2 . , ..4 ' a '9 a ...", T 8 9, vl 1..4 ,...n 9 o 4,824.78 PAVING /DEMO TOTALS 2007 City of Corpus Christi Resale Auction List ttdtt II9IHX� 2007 City of Corpus Christi Resale Auction List 11d11118IHX3 00 V O U a W U N .-.. a s 6 .., o `-, O. -,. 00 - W O. a V 0 T 0 U N a T 103- 7030 -F 0 W CO 00 n 0 a V 0 W T CAIARINA STOVER D 74 ` z s x VELMA GOME.Z SPEED INVESTMENT. 'BEATRICE CHEEKS SATURNINA RAMIRE JOE 13. GARZA MICHAEL RICHARDS v� -' OLVL1 ItlJlIt:.l.1- ADDITION LOT 10 BLOCK 6 11AMT :'(IN ADDITION LOTS 59 & 60 B1 (WK 1601 LOT 9 BLOCK 9 PINEDA PARK I .nT 4 III nCIC I I n > t- j 64 z b P; N D <�< VI r- '4 .0 C, y 0 D x SOUTIIMORELANI) ADDITION LOT 1 I BLOCK B MONTE S VISTA ADDITION LOT 12 BLOCK I7 LOI 9 6LK 39HILLCREST OCK 3 HOME PLACE ADDITION LOT10 &NW23FT' • 'V ...� --I' -, nvwIc rLni.c ADDITION CC LOTS 16 & 17 BL OO 0 o00 O 00 Q` 0 co., 0 W N U W N O� 0 W 14 O� 0 N WC O� 0 _.--- a 0 .... T 0 _ - o cr. 0 4M U UO i4 ,O O N 00 H T 0 ,O in V 0 W O CO ,Vi, $2,247 ON Os ,O J p O W 0 U 00 57,128 J 00 CO . .6 N 00 T C is S 00 6. . O• W t,. A V .,. O 61 O N J 0 bl O i P s ■ O OSS'ZS I in O` O fa, V O 0 fa, V N O ff -. o in 0 , F N ) .... .a. H1 N Q tN 4o . A 0. a A �' > N 7175 -0001 MIn VAC'AN f `1, 1695- 0004 -0110 1VACANI WI -- LUI.LNV.)VA 0650`109118V0 1 - C t'� C c S T_, ■ 1 .. _ -. . < > i Z 3380 - 0005 -0460 II IO(JSE ANF) Li /1 �^ r L (- a C O . -� C. p S z 6745 -0009 -0090 VACANT LOT �o O O NJ O O .. 0 D > Z .13) I CINV F1S OI1� 0600-0000-Z1L0 I8284- 0017 -0120 (VACANT 1 CIF 5305 -0002 -0110 VACANT LOT 3443 -0039 -0090 3515- 0005 -0160 1 3515 -0003 -0040 1 529 -0003- 0130(014 1593 -0002 -0130 2277- 0004 -0230 2245- 0002 -0150 D z VACANT LOT VACANT LOT (VACANT LOT VACANT LOT VACANT LOT VACANT LOT TYPE OF PROPERTY O, - _ z > A � 1M6Y -3.. 5...55.5. _ )IJOJN V II 018 :n 1'!! ., 2909 CORNWALi 024 49 k818 GUADAI.1_IPE 714.90 F J .4 0 [ 201 EDWARDS 1,072.05 .1. 222 SPRUCE 154.261 0. N W 0` U N N W O� 00 2618 -2620 COLEMAN 1,929.47 1705 LEXINGTON AVE 1,343.37 2833 GREENWOOD 1,185.3C 2205 MARGUERITE 1,232.8: 00 w . C p O+ d 'O O V 0 T ON N . 'G 00 0 O 0' A ti 0 6] u n .- V fl0 N 10,214 00 5,288 22 .J.. Q` ... V .0 y, U a 'a O a 0O 4O 00 a 00 00 N 0 W A O. -.4 .0 d , W 4 • 12342 W .0 N N W w o 8 a a W 00 W U N tw •O N ON O Q` W '0 oo N U p '0 0 N OV a 'Jr. e 00 d V Ca. t i .. U - O V N 00 O A _ s .0 _ �_.. J ....: W u 0 ,C.+ 7, O Y U I P s O i 00 P U O J 6. 0 to V W N 00 Off+ O, OO O a N N U W o 4 1 N 00 ■ V U CO 0 Q� 2007 City of Corpus Christi Resale Auction List 11d11118IHX3 2007 City of Corpus Christi Resale Auction List „V11.1181HX3 p W N J N J J p d\ sp m A - w x a v O = A J 00 _ A J NBC d a W -n V C p P W J O U U N n O N W N W p0 OD W ,1 A QS W V N n �p V W SUIT NUMBER REYNA! DO [MAR IINI l x d x > K JOSE A ('Al 1)l RON DOMINGO (GARCIA. JR -< ADOLIO VERASIIGUI ANITA URIBE ANDREW G DUARTE SYLVIA DEL ALTO JOF. RAMOND JR JUAN ONTIVEROS DEFENDANT NAME Z — 70 f Z LOT 7 BLOCK 3 SAN II IAN ADDITION NO :' LOT 6 BLOCK 3 SAN JUAN ADDITION NO 2 LOT 39 BLOCK 6 SAN JUAN ADDITION 63 LOT 44R BLOCK 1, SAN JUAN ADDITION LOT 6 & S 1/2 LOT 5 BLOCK 1 13AYWOOD ADDITION LOT 10 BLOCK 12 MEADOW PARK LOT 3 BLOCK 1 ROSEWOOD SUBDIVISION LOTS 5 & 6 BLOCK 6 NUECES HEIGHTS LOT 18 BLOCK 7 SUMMIT ADDITION LOT 16 WARNECKY SUBDIVISION LOT 25 BLOCK 4 CASA BLANCA ADDITION LEGAL. DESCRIPTION L P P oo P `, o N 00 P Op N 00 a■ C a N N Vf P N N U 0` z - VI a — VI O� U Q• W O Q• DATE OF SALE s9 s . 7. J 15,163 En s a O a O LO O ' a 00 N w , L 0000 a N PROPERTY VALUE ? _ d, - O _ O N O O 69 O - O O 'v m m z J C. a a w _ _ J O O O 7626- 0006 -0390 7627 - 00010440 O O �. U, C C 0 O O N O_ O O J U ON O O O O O W 0 00 N O O p O` O O ut O 8529- 0007 -0180 D N W O O O O - 0' O 1396 -0004 -0250 ACCOUNT NUMBER < > > z - _ < > > z - `' > > z < > > z VACANT LOT > z < > C: > z H c- p H VACANT LOT HOUSE AND LOT VACANT LOT VACANT LOT VACANT LOT TYPE OF PROPERTY > _ > x I. z a 0 J: a < - > 9045 STOCK IJR - J z 209 VIRGINIA 513 ROSEWOOD 2820 MOORE 1307 COLEMAN 2521 VIOLA 2513 GUADALUPE — D H O z P a ... N W J d 4 J ,C 00 a A 931 35 J P .'a -4 1,795.39 4,882.46 J O 'O a O _ N d J 984.93. 'O J 0D V. 00 '< 00 w 8 ,C v J t. a A ] C` 0 'A L •C 0 De G p a N N VA d a O W W a W a — a OO O u, — a N 00 a 00 — 4,476.521 -1 -i > 69 T Oa .. Y ' z --. u9 0 , v O En a ..0 _ — -.0 p v b9 0 O b9 a N J a a P I 5315.72 69 w o yl p 'p C }1 a J J D0 o' N O SO v, 'O PAVING /DEMO TOTALS 2007 City of Corpus Christi Resale Auction List „V11.1181HX3 10 AGENDA MEMORANDUM City Council Action Date: May 8, 2007 SUBJECT: Engineering Annex Storage Building, Phase 1 AtNDI 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 $49,912.31 for renovations to the Engineering Annex Storage Building, Phase 1. IS91E: The warehouse building used by the Engineering Services Department pre -dates City Hall and was originally part of a water department monitoring facility. Currently, this building is used to store department equipment and files of completed City projects. The building is in poor shape and is a safety threat. This JOC will provide for Phase 1 repairs. FUNDING: Funds for this project are available from the Engineering Services Department Operational Budget RECOMMENDATION: Staff recommends approval of the motion as presented. ��-c=L 4 # An . scobar, P.E Dir for of Engineering Services A *tiorv,i Support Mtterial: Exlbit "A" Background Information Exl'Obit "B" Contract Summary Exhibit "C" Location Map NArOlf [ 'NDAS\GENvP,t cdi? es'4 '3 - `Na- enousa phase `Agenda Memo. cc AGENDA BACKGROUND INFORMATION SU$JECT: Engineering Annex Storage Building, Phase 1 PROJECT DESCRIPTION: Phase 1 work was budgeted in the FY '06 - 07 Operational Bucket in the amount of $55,000 and proposes to restore nominal functions to the En4neering Annex Storage Building using the Job Order Contracting method. Proposed phase One renovations will include • Removal of existing electrical panel and exposed wiring system, • Installation of new electrical panel, wiring system, lights, and outlets. • Installation of new non -skid safety floor covering, • Installation of new secure doors, • Installation of new humidifier, • Removal of smoke damaged wall coverings and insulation, • Sealing of existing area to prevent future water infiltration, • Patching of existing exterior wall openings, and • Installation of one exterior hazardous material storage locker for storing gasoline and oil used by groundskeeper. PROJECT BACKGROUND: The warehouse building used by the Engineering Services Department pre -dates City Hall and was originally part of a water department monitoring facility constructed in 1948. Currently, this building is used to store department equipment and files of City projects completed over the past several decades. The building is in poor shape and is a safety threat. The building requires extensive repairs to ensure the safety of our employees and protect the City's historical records. This work has been programmed into two phases, the first of which will address the most immediate concerns. Subsequent work will be completed as necessary at a later date pending funding availability. METIOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtakling 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, repair, rehabilitation or alteration of facilities. The City has successfully used this method several times and is currently using this contractor for repairs to the Joe Garza Gym. FUNQING: Funding for the current phase of this project is available from the Engineering Services FY 06 - 07 Operating Budget. PRIOR COUNCIL ACTION: 1 July 25, 2006 - Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2006, to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026908) EXHIBIT "A" Page 1 of 1 AGENDA BACKGROUND INFORMATION SUBJECT: Engineering Annex Storage Building, Phase 1 PROJECT DESCRIPTION: Phase 1 work was budgeted in the FY '06 - 07 Operational Budget in the amount of $55,000 and proposes to restore nominal functions to the Engineering Annex Storage Building using the Job Order Contracting method. Proposed Phase One renovations will include: • Removal of existing electrical panel and exposed wiring system, • Installation of new electrical panel, wiring system, lights, and outlets. • Installation of new non -skid safety floor covering, • Installation of new secure doors, • Installation of new humidifier, • Removal of smoke damaged wall coverings and insulation, • Sealing of existing area to prevent future water infiltration, • Patching of existing exterior wall openings, and • Installation of one exterior hazardous material storage locker for storing gasoline and oil used by groundskeeper. PRO CT BACKGROUND: The warehouse building used by the Engineering Services Department pre -dates City Hall and was originally part of a water department monitoring facility constructed in 1948. Currently, this building is used to store department equipment and mes of City projects completed over the past several decades. The building is in poor shape and is a safety threat. The building requires extensive repairs to ensure the safety of our employees and protect the City's historical records. This work has been programmed into two phases, the first of which will address the most immediate concems. Subsequent work will be completed as necessary at a later date pending funding availability. METI$OD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities 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, repair, rehabilitation or alteration of facilities. The City has successfully used this method several times and is currently using this contractor for repairs to the Joe Garza Gym. FUNQING: Funding for the current phase of this project is available from the Engineering Services FY 06 -- 07 Operating Budget, PRIOR COUNCIL ACTION: 1 July 25, 2006 — Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2006, to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026908) EXHIBIT "A" Page 1 of 1 AR LPN!' BUILDING CORPORATION First Choice For Facilities Renovation & Construction Mr.Angel Escobar, P.E. Director of Engineering Services /o Mr. Jerry Shoemaker P.E. City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 26 April 2007 We are pleased to present our proposal for Project # 4273 - Renovations to the Engineering Annex Storage Building (Phase 1), 1201 Leopard Street, Corpus Christi, TX. This proposal is based on the scope of work, referenced sketches, and unit price estimate. The project includes repair of fire damage and safety elements such as: Remove smoke damaged wall coverings Remove /Replace smoke damaged insulation Seal existing structure to minimize smoke smell Replace failed electric and lighting service Provide new non -skid floor coating Replace damaged doors with new secure doors Patch existing exterior wall openings. Provide new shelving Provide dehumidified storage area Provide flammable storage locker Total cost for this work is: $ 49,912.31 Alternate 1: Additional Shelving $ 4,993.14 Schedule for this work: Mobilization within 15 day of N.T.P. and completion within 60 days of commencement. Please contact me at (361 )-533 -0293 should you have any questions regarding this matter. Sincerely, /4S ;dila< Bill Millar Project Manager Attachments: 1. Scope of work 2. RS Means Cost Proposal — summary and Detailed Estimate TAMU -CC Project Office 6300 Ocean Drive, Corpus Christi, Texas 78412 P 361- 825 -25C1 F 361- 825 -2544 www.alphabuilding.com CREA` NG tNViRONMEN WHERE GREAT THINGS CAN HAPPEN r14 f+rilJ +alfaVl V ll.11aJCr i11JIC$,BXTIY . OW ■11 zl MESTINA ENGINEERING SERVICES STORAGE— BUILDING 1111 PROJECT SRE -s 11�1u1 ■M1 '101{11' t OD UMW woo OMNI 9 - MIN MEIN - — 1♦- - - - R7 Tr ;4// ?7 ■s 110111: 17: MI 111 o1�1YY 11116 111111 p sac- - - - — • P CITY HALL BB :ID: 11 —., — s �oev V°o * Afb D. S.T. iv— rA— e a� — o -- e e ■0 a �1 1o1e ti •00 i1 a COUNTY COURT HOUSE VICINITY MAP NOT TO SCALE SURVEY & CAR POOL BUILDING PARKING 0' CITY PROJECT # 4273 1 -- -- -- - -e =MO ■. 1110 • !TY HALL BUILDING ENGINEERING ANNEX PARKING CT LIPAN STREET J r= PARKING LOT ) 0 0 MESTINA SITE LOCATION NOT m soda- EXHIBIT 'Ca ENGINEERING G SERVICES WAREHOUSE & STORAGE BUILDING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-01-2007 .r■ 11 AGENDA MEMORANDUM May 8, 2007 AGENDA ITEM: Motion authorizing the City Manager; or his designee, to execute Change Order No. 2 for additional excavation, backfill and pavement quantities with Bay Limited of Corpus Christi, Texas in an amount not to exceed $170,263.40 for the Corpus Christi International Airport Runway 17/35 Improvements. Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements, Phase 4 and CCIA Apron Phase 2 Westside (Parking) project. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Ronald F. Massey $47 el R. Escobar, P. E. Asst. City Manager `"' Director of Engineering Services ADILVTIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Change Order Summary Exhibit C Location Map H `, HOME \KEVtNS \GEN\ HIP_ resto red \ 20041marovements \17- 35 \CO2Memo.doc BACKGROUND INFORMATION CHANGE ORDER: The change order provides for additional excavation, backfill and paving. The project provided for the replacement of existing storm water mains crossing Runway 17 -35 with larger storm water box culverts to increase drainage capacity. The engineer specified the existing storm water mains would be removed and replaced with the new, larger boxes placed in same location as the removed culverts. This minimized the number of excavations that would cut the runway while taking advantage of the existing drainage contours At one location four (4) storm water pipes (RCP) crossed Runway 17 -35. Two of the RCP pipes did not cross in a straight line from the inlet to the outfall. Those two RCP pipes curved away from a straight line crossing and then curved back to the outfall. This represents a concealed underground condition that could not be anticipated without excavation. The contractor excavated and removed all four RCP pipes as provided in the plans, but did not notify the project engineer of the additional excavation. This resulted in and excavated in the maximum width of excavation being approximately 28 -feet rather that the 11 to 12 -feet that would have otherwise been required. This also occurred on the taxiway. The excavation therefore exceeded the unit quantities provided for excavation, backfill compaction and replacement of pavement. The contractor did not notify the project engineer or CCIA staff of the additional excavation in a timely manner Their crew completed the additional work without an approved change order. The contractor was instructed to cease work on those crossings until the FAA could be notified of the need for a change order, and the engineer could review alternatives to reduce costs. The design engineer and CCIA staff instructed the contractor to backfill cement stabilized sand rather than flowable fill as a cost savings measure for all excavations not completed and backfilled. A copy of the change order is attached. See Exhibit B. The City Manager authorized staff to instruct the contractor to restart work on the two crossings on Friday, April 27, 2007 This was done to ensure completion and reopening of the Runway by August 2007. The Navy will begin rehabilitation of their Runways in August and will be utilizing Runway 17 -35 for flight operations. Failure to have the runway available would severely impact flight training operations, and could result in temporary relocation of personnel. PROJECT DESCRIPTION: The project consists of the Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements, Phase 4 and CCIA Apron Phase 2 Westside (Parking). The project will result paving the runway and includes new HOME \KEVINS \GEN\ AIR _restored120041mp ovements\17- 35 \CO2BkgExhA.doc Exhibit A Page 1 of 3 pavement markings. The project also adds new 25 -foot asphalt shoulders to the runway. The project continues work with drainage improvements to increase the drainage capacity of the Airport . The project also includes new high intensity lighting for the runway. Finally, parking improvements for the west apron are included in the project A total of 250 calendar days has been allotted to complete the project. PRIOR COUNCIL ACTIONS: Auoyst 23, 2005: a Ordinance appropriating $43,813.95 in the Airport Capital Reserve Fund 4611; transferring and appropriating $32,813.95 into the Airport CIP Fund - Capital Reserve Fund 3020A for Engineering Services for Airport improvements associated with Runway 17 -35 amending FY 2005 -06 Operating Budget adopted by Ordinance No. 026385 to increase appropriations by $43,813.95; and declaring and emergency. h Motion authorizing the City Manager, or his designee, to execute an architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Irving Texas in an amount not to exceed $536,278 for multiple Airport Improvement Projects including Runway 17/35 Shoulders and Blast Pads, Improve Airport Drainage — Phase 4 /New ACTC, Runway 17/35 Lighting and Cable Improvements and Apron Pavement Repair. (Project No. 10001) August 29, 2006. a Ordinance Appropriating $500,000 from the Airport Capital Reserve Fund 4611; Transferring to and Appropriating in the Airport CIP Fund — Capital Reserve Fund 3020A for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage And Airfield Drainage Improvements, Phase IV. And CCIA Apron Phase II Westside (Parking) Project; Amending FY 2004 -2005 Capita Budget Adopted by Ordinance No. 026188 to increase Appropriations by $500,000; Amending FY 2006 -2007 Operating Budget Adopted by Ordinance No 026908 to increase Appropriations by $500,000; and Declaring an Emergency Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed $9 678,617 40 for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders Lighting, Blast Pads, Signage and Airfield Drainage Improvements, Phase 4 and CCIA Rehabilitation Air Carrier Apron Area. — Project 10001 Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract with Professional Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to exceed $70,578.00 for the Corpus Christi International Airport Runway Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements, Phase 5 and CCIA Rehabilitation Air Carrier Apron Areas. — Project 10001 PRIOR ADMINISTRATIVE ACTION: December 13, 2006: Administrative award of Change Order No. in the amount of $9,100 00 to Bay, Ltd. for removal and lowering of an existing 8 -in. wastewater force main and installation of a 24 -If long 16 -in. diameter steel casing. Exhibit A Page 2 of 3 �' ` HOME \KEVINS \GEN\ AIR_ restored\ 20041mprovernents \17- 35 \CO2BkgExhA.doc FUNDING: Funding is available from the FAA Grants and Airport CIP Funds. The project budget is attached. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approva H:tHOMEKEVINSIGEN AIR_' estored1 20041mprovements117- 351CO2BkgExhA.doc Exhibit A Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET May 8, 2007 PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 17/35 IMPROVEMENTS, SHOULDERS, LIGHTING, BLAST PADS, SIGNAGE AND AIRFIELD DRAINAGE IMPROVEMENTS, PHASE 4 AND CCIA APRON PHASE 2 WESTSIDE (PARKING) PROJECT. Project No. 10001 APPROVED: COUNCIL MOTION 2006 -276 APPROVED 08/29/2006 CONTRACTOR: Bay Ltd. 401 Corn Products Road Corpus Christi, TX 78409 TOTAL CONTRACT AMOUNT ..................... $9,678,617.40 25% Limit Amount 2,419,654.35 Change Order No. 1 ( "2/13/06) .. ... ... 9,100.00 Change Order No. 2 (05/08/07) 170,263.40 Total $179,363.40 = 1.85% < 25% Exhibit B Page 1 of 3 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO _2 _ PROJECT NO: 10001 CONTRACT TIME: 250 CD Operating Department: _ CCIA DATE:Arpil 26, 2007 Name of Project: Runway 17/35 Imp , Shoulders, Blast Pads, Signage & Airfield Drainage Imp. (Phase 4.1 Bay LTD. Contractor CHANGE Refer to Attached Spreadsheet For Breakdown of Items ADD DEDUCT $170,263.40 TOTAL NET: $170,263.40 Why was this change necessary? (If left off the plans and specifications, explain why) When .storm sewer crossings were being excavated, underground conditions revealed that several of the pipes; Nere riot parallel and did not follow the assumed alignment as predicted from the topographic survey. Thi ,required the excavated width of the trenches across the taxiway and runway at three locations to Oe much greater than expected. Other items are described in the Tabulation of Change Orders (attarrhed) How car similar changes be avoided in the future? Refer to attachments. A CONTRACT PRICE B TO'MAI CHANGE ORDER (inc. current) C. NEW CONTRACT PRICE ..,. D THIS CHANGE ORDER .$9,678,590.40 $ 179, 363.40 $9,857,953.80 $ 170,263.40 E PERCENT TOTAL CHANGE (B /A) F PREVIOUS ADDN'L TIME AUTHORIZED G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H TOTAL ADDITIONAL TIME CITY OF CORPUS CHRISTI, TEXAS By City Engineer APPROVED: 1.85 % Project Engineer -5- -41- -46- CONTRACTOR By: Title:... Operating Department Capital Budget Officer Legal Department Exhibit B Page 2 of 3 ---__- ■ 'i'. a . i & i . ; , 0 ,v- A HOtg w Ap f-, *4 .. q3 1 1 . kil i iE! • 14,5,zi;E . 1M ie 1A151*-71E __ 8 'i h 0"6 ti __ mcl' g ,2312 .8.015.22 -',!' 5=1" I tigOg 6g.4441 W22;-: TIPWIz •,-4,:l. ! .1 geAiOaii• $110;18: » Isee above see $b0Ve Wile "i: A 1Line MD-4 required adeeonat a cum yards of 8owable 811 to baddtll. 0 E E 1—.... The taxiway pavement at this location was only 9" thick instead of 15" as assumed on the plans. Field operations uncovered two swabs Out outran into MD-4 that were not idnetifed by the survey. 2 Et • c E EE la il ci gi o's FP 280 00z (Changes to the SW3P plans were not accrued to the foul proposal form prior to ,bid. ..: _ 69,829,632.81 69.864,293.81 -,,,,,. .-11T.'2. aaaaaa G a a a . 0 ri a . 2 a... ...ci 1712gg aaaa 5184,867.77 $186,019.77 6167,432.77 5187,432.77 5167,280.77 N W W - 2 2 04 0 6179,383.40 $179,363.40 88°-888 - . 8 § - 8 - . r 1 1 ! i I _ h__. __..... 1 I 1 44 I 1 aln (1,500) (12.4) 314 f Subtotal: . let) J (9L) Subtotal: 88888$ Ei6:14. .17,..7 . 7. 8 4 8 g 8 8 8 6 .7, >>>>u.0> 00ww_1‹. > 0 z w Controlled Low Strength Material Crwhed Agata9M• Base County Remove Pavement (Asphalt) (Runway) (Appx 15") Remove Pavement (Asphalt) (Taxiway) (Apex 12") E ill Comroled Low Strength Material Bituminous Surface Course (Reinforced Concrete Slope Paving (5 ") • CO 2 Items Totaled ,..„, 2k 21 2m f °Z 2s Mprojec: .,Lounc,lexiiOrts Next 100C, .cw9 8 San Patricio County NUECES BAY ROAD HWY " AGNES CORPUS CHRIST! BAY PROJECT LOCATION )0C TERNATIONA DPIY ,'7 CHRIS 7 T/A5 McGLOIN RD. / LOCATION MAP NOT TO SCALE Isi APRON MULTIPLE AIRPORT IMPROVEMENT PROJECTS RuNirfarnewimmt=2=nr..._ . . atT4PA=Wi" PHASE 2 WESTSIDE (rwrang) PROJECT (CHANGE ORDER NO. 2) CESAR CHAVEZ BLVD HWY 44 AGNES RD. CITY PRJECT No. 10001 SITE PLAN NOT TO SCALE N MD PROJECT SITE EXHIBIT C- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 04-27-2007 ■■■•■••■•■■ 12 AGENDA MEMORANDUM DATE: May 8, 2007 SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program AGENDA ITEM Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to a contract with Freese & Nichols, Inc. in the amount of $65,000 for engineering services for the Annual Inspection and Monitoring Program at Wesley Seale Dam. ISSUES: The proposed contract will is necessary to continue the normal annual TCEQ inspection program and provide an enhanced inspection and monitoring recommended by the consultant. RECOMMENDATION: Approval of the motion as presented. aD,A6-4-4 rdo Garafia, P.E Water Director Attachments. Exhibit A - Additional Information Exhibit B - Contract Summaries Exhibit C - t.ocatior.. Map L=aa -c iff. 5/07 ge R. Escobar, P.E. 'rector - Engineering Services 1OMF tiK VINS\GEN VVATER'c ;EASE'5YR; VCvA- 2007AEAgendaMemo.doc ADDITIONAL INFORMATION SUBJECT: Wesley Seale Dam Annual Inspection and Monitoring Program SUMMARY: TCEQ regulations require an annual inspection program for dams. The inspection program was suspended with the concurrence of TCEQ due to the intensive inspections taking place during the Spillway Rehabilitation Project. Following the completion of any major dam project, the normal practice is to conduct an enhanced inspection and monitoring program. The proposed contract amendment provides for the continuation of the annual inspection program required by TCEQ and the enhanced inspection and monitoring program recommended by the Consultant. This contract represents the sixth year of the enhanced inspection program. It is anticipated the future contracts will phase in a monitoring reduction to a normal inspection level. Depending on the results of the 2007 inspection, the inspection program could be reduced in 2008 to a program that closely approximates a normal annual inspection program, BACKGROUND: The Wesley Seale Spillway Stabilization Project was completed during March 2001. The project consisted of the addition of mass ballast to increase the stability and safety factor of the dam The completed project achieved the objectives of the program allowing the dam to operate at its full conservation pool of 94 feet M.S.L. Other significant improvements include the installation of a parapet wall to (elevation 109.3 feet) which allows the safe passage of the probable maximum flood. Instruments were installed in the spillways for the remote monitoring of the dam. This allows the continuous collection of data for the most critical components of the restoration project. FUTURE COUNCIL ACTIONS: Award of annual monitoring and inspection contracts. CONTRACT SUMMARY /FEE: The proposed contract is for the sixth monitoring period following the successful completion of the stabilization program. Freese and Nichols will provide: • Annual safety inspection; • Precision survey statistical analysis; and • data reduction of the precision survey. The contract also provides for preparation and delivery of a safety inspection report, a statistical analysis report, a report of any out of normal findings, and a summary report. The proposed fee is $65,000 compared to a fee of $65,000 in 2006, $102,800 in 2005 and $259,750 in 2004 The change in fee is due to the reduction in tasks from 2004 and 2005. ;HOME\KEVINS \GEN\ WATER \SEALE \5YRS VCWE2007AEAgendaBkgExhA.doc EXHIBIT "A" Page 1 of 2 The contract summary s attached. See Exhibit B. FUNDING: Funds are available from Water Department Operating Budget. RECOMMENDATION: Approval of the motion as presented. 'HOME \KEVINS\GEN\ WATER\ SEALE\ 5YRSVC \AE2007AEAgendaBkgExhA.doc EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY Section ', SCOPE OF SERVICES. is amended by adding the following tasks: U SAFETY INSPECTION The Engineer will: 1 perform one safety inspection of Wesley Seale Dam in 2007. The inspection will be performed over a two -day period by a two -man team of registered professional engineers experienced with the rehabilitation of Wesley Seale Dam; and 2 provide 2 copies of the draft safety inspection report to the City for review. 3 provide 6 copies of safety inspection report to the City. The annual inspection report shall include interpretive comments regarding the data collected and recommendations concerning the future monitoring of the instrumentation at Wesley Seale Dam -the safety report will incorporate the data plots for the year. and ✓ PRECISION SURVEY STATISTICAL ANALYSES The Engineer will: 1 perform one statistical analysis of the Precision Survey Data provided by the City of Corpus Christi in 2007. The City provided survey data report is to be of the same format as the 2006 data report; and 2 provide three copies of the statistical analysis report. The format of this report will be identical to the 2006 statistical analysis report by Dr. Kam Wong provided to the City by the Engineer in 2006. A. DATA REDUCTION The Engineer will: 1 provide manpower to input, reduce and plot the data collected and provided by the City at Wesley Seale Dam from January 1, 2007 to December 31. 2007. Data is to include readings or flow measurement from 102 piezometers, 17 extensometers, 25 relief wells, and 41 sand drains; 2 provide data plots to the City in conjunction with the annual inspection report; and 3 provide engineering services to analyze and report to the City any out of the ordinary readings. X PIEZOMETER AND RELIEF WELL FLUSHING AND TESTING The Engineer will: 1 Provide manpower to flush and pump test the relief wells, 2 Provide manpower and equipment to sound and run lag tests on 64 piezometers and flush piezometers that contain more than one (1) foot of sediment. 3 Provide manpower and equipment to jet any clogged piezometers to attempt to improve performance. 4 Provide engineering services to report to the City any out of the ordinary issues. Exhibit B Page 1 of 3 Summary of Fees (Table 1, Task Description Fee PHASE I ORIGINAL CONTRACT - 2001 Basic Services A , Annual Safety Inspection l $33,200 B Precision Survey Statistical Analysis $13,850 ' C Sx Month Data Reports (2) $22,450 Basic Service $69,500 AMENDMENT NO. 1 - 2003 D i Annual Safety Inspection $34,200 E Precision Survey Statistical Analysis ---!--- $14,000 F , Stx Month Data Reports (2) & Data Reduction/Plotting $45,000 ..: 2002 Flood Affects Analyses $24,500 North Spillway Extensometer Analyses $13,500 Amendment No. 1 Additional Services $131,200 AMENDMENT NO. 2 - 2004 — i 2 Annual Safety Inspection $36,000 Precision Survey Statistical Analysis $14,700 I 2 K ; Stx Month Data Reports (2) & Data Reduction/Plotting $47,250 2 L North Embankment Piezometer Investigations $55,000 2 M Remoted Piezometers and Extensometer Repair $76,800 p 1 N erform an updated breach analysis, developer flood inundation mapping and - , update the emergency action plan for Wesley Seale Dam $30,000 Amendment No. 2 Additional Services $259,750 AMENDMENT NO. 3 - 2005 3 C Annual Safety Inspection $37,800 3 F P-ecision Survey Statistical Analysis $15,400 3 c Six Month Data Reports (2) & Data Reduction/Plotting $49,600 Amendment No. 3 Additional Services $102,800 Exhibit B Page 2 of 3 AMENDMENT NO. 4 - 2006 I 4 F , Annual Safety Inspection H -4- $39,700 4 S i Precision Survey Statistical Analysis $16,100 4 T Data Reduction $9,200 Amendment No. 4 Additional Services $65,000 • AMENDMNT NO. 5 - 2007 5 L Annual Safety Inspection $27,700 5 v ' Precision Survey Statistical Analysis $9,800 5 vy : Data Reductior , $7,000 Ptezometer and Relief Well gushing and Testina 5 X $20,500 Amendment No. 5 Additional Services $65,000 Basic Services plus Amendments No. 1 , 2, 3, and 4 Subtotal $628,250 TOTAL AUTHORIZED FEE $693,250 Exhibit B Page 3 of 3 ,Mproject \counciiexhiolts\exn8388.awg n -OK!: CAA -ON 1=v p EOCE WEST>r---<7. /6/ K 7 -1------illw-L CCP P C H R I S T ! ' WM MALE DAM I CITY PROJECT NO. 8388 JECES ,VE-4 MA THIS LAKE TEXANA 59 / BLOOMINGTON 77 / ( MARY RHODES L5\ SEADRIFT PIPELINE WOODSBORO 7 7 / CORPUS (:HR!STI _zz" ON ST'IVEN:-.; WATER :p1,..17- LOCATION MAP NTS EXHIBIT "C" WESLEY SEALE DAM ANNUAL INSPECTION AND MONITORING PROGRAM (Amendment No. 5 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04-27-2007 13 CITY COUNCIL AGENDA MEMORANDUM DATE: MAY 8, 2007 AGENDA ITEM: Ordinance amending Chapter 14 "Development Services," Article II "City of Corpus Christi technical construction codes," Division 8 "Residential code," Section 14 -291 "Residential construction code," of the Code of Ordinances, to amend the definition of townhouse; providing for severance; providing a penalty clause: providing for publication; and providing for an effective date. ISSUE: To allow the development of a two unit townhouse project by amending the language in the definition of a townhouse by replacing the word Three with the word Two. REMUIRED COUNCIL ACTION: City Charter requires City Council approval to amend the adopted Technical Construction Codes. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments. Exhibit A - Background Exhibit B - Ordinance ( Debbie Marr Interim Dire ent Services bquin, P ., Director of D elopm AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Amendment Effective October 9, 2003, the City of Corpus Christi began enforcing the provisions of the 2003 International Residential Code (IRC) for townhouse construction. All projects submitted for permit were reviewed and permitted to meet such standards. However, the City of Corpus Christi has been encountering projects that have been submitted and permitted as multi - family and/or two- family dwellings (duplexes) and later re- platting to convert into townhouses. Current definition of a Townhouse, as defined in the IRC, is "A single - family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open spaces on at least two sides." Townhouses shall be considered as separate buildings separated by a fire - resistance rated wall assembly meeting the requirements of Section R302 of the IRC for exterior walls, which must result to a minimum of a two -hour fire -rated assembly between each unit. Each unit should provide for independent living from adjacent units. No utilities, such as plumbing, mechanical, electrical, gas, cable, and or telephone shall cross property lines or through one unit into another. Such utilities shall be routed outside of the building envelope in common areas or in designated utility easements. The conflict during the replat on most cases is the requirement of having three or more units. The current definition does not allow the development of a two unit townhouse project. This proposed change originated in UDC Infrastructure Committee meetings. It was discussed with the International Code Council and confirmed that other cities have amended this section of the code. It was also discussed with the Home Builders Association. A final draft of the ordinance was recommended for approval by the Building Code Board of Appeals. EXHIBIT A Page 1 of 3 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE 11 "CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION CODES," DIVISION 8 "RESIDENTIAL CODE," SECTION 14 -291 "RESIDENTIAL CONSTRUCTION CODE," OF THE CODE OF ORDINANCES, TO AMEND THE DEFINITION OF TOWNHOUSE; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Chapter 14 Development Services, Article II. "City of Corpus Christi Technical Construction Codes, Article 8. "Residential Code," Section 14 -291 "Residential Construction Code." to read as follows: Sec. 14 -291. Residential construction code. WIth the following additions, deletion, and revisions, the International residential Code for One -and Two - Family Dwellings, 2003 Edition, a copy of which, authenticated with the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the residential construction code for the city: (2) Section R202 of the International Residential Code for One- and Two - Family Dwellings is amended - _ _ _ . - - _ _ _ - - •• _ _ _ _ _ - - - _ _ . to read as follows: SECTION R202 DEFINITIONS * * Townhouse. A single - family dwelling unit constructed in a group of twee two or more attached units in which each unit extends from foundation to roof and with open space on at least two sides * SECTION 2. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its H :\.EG -DiR\ Shared \GaryS;agenda'\200715- 8\Ord- Townhouse definition 14- 291.doc Page 2 of 3 purpose. Therefore; if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance shall take effect upon and after publication of this ordinance. H \LEG -D1R\ Shared \GaryS \agenda\200""\ 5- 8\Ord- Townhouse definition 14- 291.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of . 2007 by the following vote: Henry Garrett, Mayor Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill KeIIy That the foregoing ordinance was read for the second time and passed finally on this the — day of 2007, by the following vote: Henry Garrett, Mayor Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill KeIIy _ PASSED AND APPROVED this the day of , 2007. ATTEST: Armando Chapa, City Secretary Approved: May �, 2007 By: 'L e�ary '' . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett, Mayor H L_EG- DIR'Shared\GaryS \agenaa \2007,5 -8 \Ord - Townhouse definition 14- 291.doc 14 AGENDA 'MEMORANDUM PUBLIC-. HEARING - ZONING (City Council Action Date: 05/08/07) Cane No. 0307 -07, Kris D. Hawkins: A change of zoning from a "R-1B" One - family Dwelling District to an "A Apartment House District on property described as Blue Water Subdivision, Block 1, Lot 6A and he north 25 feet ;-t Lot 6P, located between Laguna Shores Road and Marlin Drive and 500 feet south of \ orktown Boulevard. Plapnina Commission & Staff Recommendation (03/21/07): Denial of requested "A -2" District and in lieu thereof, a "R-1B/ SP" One - family Dwelling District with a Special Permit subject to site plans exterior and interior site plan of structure) and three conditions: 1 N. Bed and Breakfast Inn is permitted; 2 Events and parties are permitted for groups up to 15 persons; 3 fhe use must be operational within two years of the approved ordinance date. Requested Council Action: Denial of requested "A -2" District and in lieu thereof, a "R -1B/ SP" One - family Dwelling District with a Special Permit subject to site plans. Summary: + The Request: The applicant is requesting a change of zoning from "R -1B" One - Family Dwelling District to "A -2" Apartment House District. The rezoning would allow the applicant to open a Bed and Breakfast Inn as part of a renovation to the existing three (3) bedroom, 1,500 square foot house. The subject property consists of one platted lot and a portion of an adjoining lot with frontage on Laguna Shores Road and Marlin Drie • Bed and Breakfast Inn: A Bed and Breakfast Inn is defined in the Zoning Ordinance as a facility that offers sleeping accommodations with not more than 12 bedrooms, not more than 24 lodgers and one kitchen per Inn. l'he Bed and Breakfast Inn is very similar to a commercial business hotel use. Due to the limitation, on the number of bedrooms ' lodgers the use is considered less intense than a motel use Surrounding Zoning: An -R -2" Multiple Dwelling District is located adjacent to the north side of the property. The `R -2 area is partially developed with two multi - family structures. The remaining sides of the properb are surrounded with One - Family Dwelling District zoning. Circulation and Parking: the subject property has double frontages on two streets in a configuration which maximizes space for parking onsite. Laguna Shores Road is a designated two lane Parkway in the 1 rban Transportation Plan. Compatibility with the Comprehensive Plan: The requested "A -2" Apartment House District is not consistent with the future and use map which recommends low- density uses. A4e'ida yiemorancium C ase trio t 31 " -07 Kn 1) hawk::.) Page 2 Notification: Of the twenty-one (? 1) notices mailed to the surrounding property owners, one (1) was returned in favor and three 3) were returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. DM!FG\4 blp Attabments: I) Zoning Report Planning Commission Minutes (03/21/07) Ordinance F NI- DTR`SHARED \BeverIy200 :C'Mar bS4\4tAl( Deborah A. Marroquin, P.E. Interim Director of Development Services )7 A7 -0 -- \GENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0307-07 City Council Hearing Date: May 8, 2007 Applicant: Kris D. Hawkins Owner: Same as Applicant Agent: Neal Van Streepen Legal Description/Location: Blue Water Subdivision, Block 1, Lot 6A and the north 25 feet of Lot 6B, located south of Yorktown Boulevard at 3942 Laguna Shores Road. From: "R-1B: One- Family Dwelling District To: "A -2" Apartment House District Area: 0.21 acres (9,400 square feet) Purpose of Request: To allow a Bed and Breakfast Inn. 'c Zoning c :e ! "R-1B" One -Famil a ▪ Site -c Dwelling District north R-2" Multiple Dwelling tei C a _ Distr ict ,ft ° ��outh ' -R-1B" One - Family Dwelling District C , as "R-1C- One -Famil c Dwelling District ✓ r'1 0.1 West "R-1B" One -Famil Dwelling District Existing Land Use Low Density Residential Low Density Residential (Duplex) Vacant Low Density Residential Vacant Future Land Use Low Density Residential Low Density Residential Low Density Residential Low Density Residential Low Density Residential a. 7 o Area Development Plan: 1- lour Bluff; The Future Land Use Plan supports low- density to multi- family residential uses for the subject property. Map No.: 03602E Zoning Violations: None Zoning Report abe )307 -<)' r Kris Pak ins ?age Staffs Summary • The Request: The applicant is requesting a change of zoning from "R -1B" One - Family Dwelling District to "A -" Apartment House District. The rezoning would allow the applicant to open a Bed and Breakfast Inn as part of a renovation to the existing three (3) bedroom. ,500 square foot house. The subject property consists of one platted lot and a portion of an adjoining lot with frontage on Laguna Shores Road and Marlin Drive. • Bed and Breakfast Inn..-! Bed and Breakfast Inn is defined in the Zoning Ordinance as a facility that offers sleeping accommodations with not more than 12 bedrooms, not more than 24 lodgers and one kitchen per Inn. The Bed and Breakfast Inn is very similar to a commercial business hotel use. Due to the (imitations on the number of bedrooms / lodgers the use is t.onsidereo less intense than a motel use. The existing structure is proposed as a 4 hedroom * <icilir, • Surrounding Zoning: An "R -2" Multiple Dwelling District is located adjacent to the north side of the property The `'R -2" area is partially developed with two multi - family structures The remaining sides of the property are surrounded with One - Family Dwelling District zoning • Circulation and Parking: The subject property has double frontages on two streets in a configuration which maximizes space for parking onsite. Laguna Shores Road is a designated two Lane Parkway in the Urban Transportation Plan. • Compatibility with the Comprehensive Plan: The requested "A -2" Apartment House District is rot consistent with the future land use map which recommends low - density uses. Street R.O.W Street Type Paved Section Existing 60 ROW and 24' of pavement without curb and gutter Proposed 80' ROW, two lanes Existing 50 ROW, 24' of paving L cal -�c; ess without curb and gutter P rrkwat Laguna Shores k oad .. Alec ?cr Marlin Drive Volume (2006) Not Available Not Available The subject property is platted. E � o Approval of the `A -2" Apartment House District at a mid -block location, surrounded on three sides by a low density residential neighborhood should be avoided. While the Bed and Breakfast inn is an allowed use in the multi- family district, the Inn as a use is more closely related to a commercial enterprise or hotel allowed in business zoning districts then a traditional multi- family district. Because of the mid -block location, surrounding low density neighborhood and the commercial nature of the use staff is recommending denial of the rezoning request. Conversion of the single - famik dwelling io a Bed and Breakfast Inn will require compliance to the Building Code. Zoning Report Case No i) X77 -0 (Kris Hawkins Page 3 Denial of the "A-2," District, Denial of Requested "A -2' District and in lieu thereof, a "R-1B/ SP" One - family Dwelling District with a Special Permit to include the following conditions and approved site plan: 1 Allow Bed and Breakfast Inn as described by the Zoning Ordinance. 2. 2 year time limit 3. No major functions or parties over 15 persons. Number of Notices Mailed Favor Opposition As of March 21, 2007 i 21. 0 Attachments: Zoning Mar H ^PL.N -D(R \SHARED \Beveriy 2007 'C\ZONRP7 S \March'CC Reports 0307 -07 Kris Hawkins CC REPORT.doc 1 NOTICE MAP I 4A 103 4B IA :3 m k_c-a- District t.E 4esident a, Estate Distrc t Fam,iy Dwelling Distriilt Dwelling Dist:ft.:It Fav Dwelling D,str',..f. .The Fan-cl. Dwelling D,st 4o-Artmeht .ouse 4partme,t ,ouse Apartroe-t nouse D,Sttr Thurist 1 Dffice Case 0307-07 Dwet..fio District MulriOie iwell,tic 3 strict ler Psi.< 3ist-icii Maru'act- ftcrie .a"i< DiStr-,t't Sudiisjo Distr,ct andrrark Dr-servat,on :7C ,striai .),str-c: Heavy iriuStria• Sec al rmlt D'art—d „ De 3-1 Neighborhood Business District 3-1A Neighborhood Business District 3-2A Barrier Island Business District 3-2 Bayfrnnt Business District 3D Corpus Christi Beach Design Dist. 3-3 Busiress District 3-4 General Business District 3-5 Primary Business District 3-6 4nrnary Business Core District red :ndustrial District NORTH 0 100 200 •1111111t=1 Feet HK/05MAR07 I. MINUTES REGULAR PLANNING COMIVIISSION MEETING Council Chambers- City Hall Wednesday — March 21, 2007 5:30 P.M. COMMISSIONERS PRESENT R Bryan Stone. Chairman R;Idy Garza. Vice ('hairman Fred Braselton Atilano J. Huerta E on J. Kelp Johnny R. Martinez M tichael Pusley *Arrived at 35 p.m. Jahn C. Tamez COMMISSIONERS ABSENT James Skrobarczvk CALL TO ORDER — 5:30 p.m. STAFF: 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 Robert Payne, AICP, Senior City Planner Dan McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary A quorum was declared and the meeting was called to order at 5:30 p.m. IV ZONING 1. New Z aning a. Case Nc. 0307 -07 Kris D. Flawkins: A change of zoning from "R -1B" One - family Dwelling District to an "A -2" Apartment House District Blue Water Subdivision, Block 1, Lot 6A and the north 25 feet of Lot 6B, located between Laguna Shores Road and Marlin Drive and 500 feet south of Yorktown Boulevard. Bob Payne provided a Power Point presentation for the development of a bed and breakfast inn to be used as overflow accommodations for the Bluff Landing Lodge and Marina. The subject property consists of one residential platted lot with surrounding land use consisting of single family development and a 'R -2" Multiple Dwelling District located to the north. Conversion of the bui ding to a commercial use will require compliance with the commercial Building Code prior to receiving a Certificate of Occupancy. There were twenty-one notices mailed with one received in favor and three received in opposition. Staff recommends denial of this request due to the mid -block location in a residential area. Public hearing was opened. Plann,ng Comm;sten ztir.�.:es Nt.trct. 21. 2) r Neaie 'v an Streepen +; Representative for Kris Hawkins), 5716 W, 290 West, Austin, TX., stated the property of approximately 1 500 square feet will provide sleeping accommodations for 24 badgers wish one kitchen and :lining area, a wraparound deck and off street parking. The t'acility will not be changed structurally, and no catering will be done at the facility, no major functions or parties. and wil be rented prmarily from Thursday to Sunday to provide accommodations when Bluff Land Marina and Lodge is occupied. This request is an integral part in snaking the marina >uccessfui Public hearing was closed. In answer to Commissioner Pusley, the affsite parking will consist of four parking spaces underneath the facility with a dmeway as well In answer to Commissioner Huerta regarding the possibility of a Special Permit for this request, Faryce Goode Macon stated Staff had reviewed that option but chose not to recommend it because of the short distance the house is located from the marina. Vice - Chairman Garza stated concern with granting zoning in a mid block location. It appears the marina will be successful and Bluff Landing has been good neighbors. Motion was made by Commissioner Pusley and seconded by Vice - Chairman Garza for a Special Permit subject to a site plan and the following three conditions: A. Bed and Breakfast Inn is permitted. 2. No major functions 01 parties larger than fifteen people. 3. Specia Permit stipulating that the bed and breakfast inn is fully functional within a period of two ears Motion passed unanimi:usty with Commissioner Tamez voting no and Commissioner Skrobarczyk being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KRIS D. HAWKINS, BY CHANGING THE ZONING MAP IN REFERENCE TO BLUE WATER SUBDIVISION, BLOCK 1, LOT 6A AND THE NORTH 25 FEET OF LOT 6B, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "R-1B/SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A BED AND BREAKFAST INN, SUBJECT TO EXTERIOR AND INTERIOR SITE PLANS OF THE STRUCTURE AND THREE (3) CONDITIONS; 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 Kris D. Hawkins, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 21, 2007, during a meeting of the Planning Commission, and on Tuesday, May 8, 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 allowedo 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 Bluewater Subdivision, Block 1, Lot 6A and the north 25 feet of Lot 6B, located between Laguna Shores Road and Marlin Drive and 500 feet south of Yorktown Boulevard from "R -1 B" One - family Dwelling District to "R -1 B /SP" One - family Dwelling District with a Special Permit for a Bed and Breakfast Inn, subject to exterior and interior site plans of the structure and three (3) conditions. (Zoning Map 036026) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to exterior and interior site plans of the structure attached as Exhibits A and B and the following three (3) conditions A Bed and Breakfast Inn is permitted EG -DIR Shared \GaryS\agerd 1\2007 %%5- 8%'>rd -zon ng 0307 -07 Kris Hawkins sp doc Page 2 of 3 Events and parties are permitted for groups up to 15 persons; The use must be operational within two years of the approved ordinance date. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain n full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 7. 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 8. 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 9. 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 mmediate 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 measure on this 8th day of May 2007 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 3. 2007 Gdr 1+61. Smith Assistant City Attorney For City Attorney A. EG- nIP\Shared \Ga y5\ager 312007\„5-8 :"rd z_^ ^g 0307-07 Kris Hawkins sp doc Page 3 of 3 Corpus Christi Texas day of , 20C' 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 Counci' 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 LEG -D R1Shared\ GaryS \ager:da\2007 \5- :3'Ord -zon ng 0307 -C'q Kns Hawkins sp.doc; 1 f1l't _,)1\ F:r' N/1 a_ p ue. -�.±� • . GD -1021 I g . I u' 1.4 1 — U F 'f="M FC L F 1' t, Pc. 3 7'lj ) °tq2 t_ U Ni / I- -167 c7A� NoTG;: THE DLM1rN$lONS all OWN ARE Et1h HP1/SEOF•'I1-f AI YER.IT;L8COMPANY AND MORT°ACECOMPANY IN CONN;;CTION WITH Tl -II 3 TRANSACTION On rat, r rx C=) =t c� c � �aAl c -•T T17 1_,12 "• =2"1 _i--PS -rt-r• CIY WE RAVE coNsu‘Tuo THE PZRD7 ..AL EMEROIWCY MANAG ENMITY AQENC '' FLOOD INSURANCE RATE, MAP OMMUNITY Numthat 1,6tS 4ri�� PAN al. Nt i R ^3'iGe� DATE ' 1 /1 AND FOUND THAT THE PROPERTY IS IN ZONE /� 1�"r . THE ZONE { S uASED ON SCq ,ER40 THE LOCATION OF SAID SURVEY ON 71111. FLOOD INSORANCH RATE. I MAE. 4e< EL SURVEY( FLU ffe (-2) 1 i_:_a1 Qr„ReiJS C1112.I5TT HIJECINS COUNTY, T' -X } MA1' R2CORDs 3 THE' UNDER NED, IN MY PROFIISSIONAL OPINION, Irn11E3)Y STATES THAT 11 ).! ti 9U1(VL.Y PLAT HEREON 1S TRUE AND CORRECT AND WAS PREPARED FROM �- r� AN ACTUAL ON THE <MOUND SURVEY UNDER MY DIRIIC110N, ALL MONUMENTS wERE L I FOUND O IC CN ENOACHM SET AN BQUNt)A Y CONFLICTS EXCEPT AS SHOWN ON THE it TX v!:Y .tiy..GL- SURVEYOR 111.. STRATTON •. 4486 SKGO 3. %'i-Ak'I.k1.5, FAME 342. •"i• g /:•. - CORPUS CHRISTI. TT�..7CA9 78413 _ --- _'-- __DATE 4.1. lv`.: EH: 991 -00ES, YrVC: 991-7034 3016 NO: <a SHEET 1 of 1 SCALUI: I'•20' 'OATS: 1 1 -2,z1/4- DR.N. CHK: 1,p. -,YHig ! 7 ExTh.,-TP.t012- 5 TE PlAN P''t`v1 vL`L� LCD •L '1/1- 3/7cod EHIT B: INT/o SITE PLAN 030 -0� 15 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 05/08/07) Cqpe No. 0307-08. Paisa, Contractors, LLC: A change of zoning from a "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as Barcelona Estates Unit 3, Block €0. Lot 1. located along the southwest intersection of Kostoryz Road and Masterson Drive. Planing, Commission & Staff Recommendation (03/21/07): Approval of a "B -1" Neighborhood Business District. Ranuested Council Action: Approval of a -B-1- Neighborhood Business District. Summary: Request: The applicant is requesting a change of zoning from "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District and is proposing the development of speculative commercial uses on the subject property. The subject property consists of 3.83 acres and is located along the southwest intersection of Kostoryz Road and Masterson Drive. • Existing Land Use The subject property is currently undeveloped. The applicant intends to replat the property into four (4) commercial tracts. Three (3) tracts will consist of one (1) acre each with the remaining fourth tract consisting of 0.83 acres. • North of the subject property is vacant property zoned "RIB" One - family Dwelling District. South of the subject property is the Richter Drainage Ditch, followed by vacant uses which are zoned "A -1" Apartment House District. To the east is vacant property which is zoned `B -1" Neighborhood Business District. And to the west are low- density residential uses zoned "R -1C" One- family Duelling District. While the requested -B -1" Neighborhood Business District is appropriate for the subject property, it NA. il' require a modification to the future land use map which recommends low- density residential. + Transportation: The subject property is located along the southwest intersection of Kostoryz Road and Masterson Drive, designated respectively in the Urban Transportation Plan as a minor arterial and as a minor residential street. NotOlcati: Of the five ( 5) notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. D M/FGM/blp Att*hme$ta: Zoning Report 2) Planning Commission Minutes (03/21/07) t )rdinance Deborah A. Marroquin, P.E. Interim Director of Development Services CITY COUNCIL ZONING REPORT Case No.: 0307 -08 City Council Hearing Date: May 8. 2007 at a c Applicant: Paisano Contractors LLC Owner Same as Applicant Agent: Gerardo T. Ortiz EI Legal Description/Location: Barcelona Estates Unit 3, Block 9, Lot 1, located along the southwest intersection of Kostoryz Road and Masterson Drive. VIM o From: "R -1 B" One - famil■ Dwelling District a te O I To: "B-1" Neighborhood Business District o a I Area: 3.83 acres N ' Purpose of Request: To develop four (4) commercial tracts. Zoning Site "R -1B" One - family Dwelling Vacant District ..a North "R -1B'' One - family Dwelling m 4 District at South °`A Apartment House District Existing Land Use East `B -1 " 'neighborhood Business District West '`R -1C" One - family Dwelling Low- density Residential, District Future Land Use Low - density Residential Vacant, Galvan Elementary School Richter Drainage Ditch, Medium- density Residential Vacant Medium - density Residential Drainage Corridor, Medium - density Residential Richter Drainage Ditch Commercial Low - density Residential c. o 7 c Area Development Plan Southside Area Development Plan. The future land use plan supports low- density uses for the subject property. However, the subject property is located along Kostoryz Road and acros-, from a "B -1" District. A modification to the future land use map is supported Map No.: 048036, 047036 Zoning Violations: None .Coning Report Case No. 0307 -08 iPaisano ontractor '_L( gage • Request: The applicant is requesting a change of zoning from "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District and is proposing the development of speculative commercial uses on the subject property. The subject property consists o''3.83 acres and is located along the southwest intersection of Kostoryz Road and Mastersor. Drive. • Existing Land Use: The subject property is currently undeveloped. The applicant intends to replat the property into four (4) commercial tracts. Three (3) tracts will consist of one (1) acre each with the remaining fourth tract consisting of 0.83 acres. • North of the subject property is vacant property zoned "R -1B" One - family Dwelling District. South of the subject property is the Richter Drainage Ditch, followed by vacant uses which are zoned `'A- " Apartment House District. To the east is vacant property which is zoned "B -1" Neighborhood Business District. And to the west are low - density residential uses zoned "R -1C" One - family Dwelling District. • While the requested "B- i " Neighborhood Business District is appropriate for the subject property. !t will require a modification to the future land use map which recommends low - density residential_ • Transportation: The subject property is located along the southwest intersection of Kostoryz Road and Masterson Drive, designated respectively in the Urban Transportation Plan as a minor arterial and as a minor residential street. y3 v C Street Type Paved Section 60' ROW, 40' BB Volume (2001) Not Available Masterson Drive Minor Residential Kostoryz Road Minor Arterial Undivided 95' ROW, 64' BB 7190 ADT i The subject property is platted Z aa The proposed uses and rezoning are appropriate for the subject property. Recommendation Approval of the "B-1- Neighborhood Business District. 1.�nin Repor Case No 030' -08 (Paisano contractor page Approval of the "B -1- Neighborhood Business District. M a 7 � o °• Number of Notices Mailed Favor Opposition (As of March 21, 2007) —li — i! ttachments: Zoning Map .N -i?IR SHARED \Beverly200- PC,ZONRFTS\March',0307 -08 Paisano Contractors CC REPORT.doc 34 CELON NIT 2 AN c 0 , 1 _ BARCEL ONA IT CRESTMONT UNI` R -1 B CRESTMON, UNIT +± BOHEMIAN COLONY LANDS R -1 BISPIl00 3CHEM/Al4 COLONY LANDS C-1 0307 -08 Farm Mural Distric Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Famiy Dwelling .District Apartment House District Apartment House DiSt"Ct Aoartment House rest -ct Aoa ^- ^^.ent-TOun St Dist- ct Professional Office Dist -,ct • `H'ownhouie Dwell ng District e 2 MultrPle Dwelling District A r -aver ' ar er Park District - ;B Manufact..ired Nome ,ark District Nanufact.,red Home iu bdiwsion District Histo -car .jItu r3 andmark Preservation _,get :Lstna, istrct Heavy ;,_austral List- ct ioeciai %ormrt ▪ D Planned rit Develecment 3 -1 Neighborhood Business District 8 -14 Neighborhood Business District 8 -2A Barrier Island Business District 8 -2 Bayfront Business District BD Corpus Christ; Beach Design Dist. 8 -3 Business District 3 -4 General 3usiness District 3 -5 Primary Business District 8 -6 Primary Business Core District I -1 t.imited Industrial District 0 100 200 400 Emmaus Feet 03/05/07 SRR I. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday -- March 21, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza. `'ice Chairman Fred Braselton ktilano J. Huerta Avon J. Kelly ohnny R. Martinez Michael Pusley *Arrived at i:3's' p.m. ohn C. Tamez COMMISSIONERS ABSENT (amen Skrobarczvk STAFF: 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 Robert Payne, AICP, Senior City Planner Dan McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum wa declared and the meeting was called to order at 5:30 p.m. I\ ZONING 1. New r'oning Case N 03(17-08 Paisane Contractors LLC: A change of zoning from "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District Barcelona Estates Unit 3, Block 9, Lot 1, located along the southwest intersection of Kostoryz Road and Masterson Drive. Bob Payne presented the above case for a development of four commercial speculative tracts. The subject platted property consists of 3.83 acres, and is currently vacant. The Richter Drainage Ditch to the youth is zoned an `'A -1 "' Apartment House District, vacant property zoned "B -1" Neighborhood Business District is located to the east and low density residential property to the west. There were five notices mailed with zero returned in favor or opposition. Staff recommends approval . )f the "B " "neighborhood Business District. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Planning Commission Nel in rtes Fenniary 21. 200^ In answer to Commissioner Pusley, Faryce Goode -Macon stated the setback for a "B -1" Neighborhood District requires a 10 foot setback adjacent to the neighborhood. The setback could be five feet per story up to a maximum setback of thirty feet if the applicant constructed a multi story building. Motion was made by Commissioner Pusley and seconded by Vice - Chairman Garza for a Neighborhood Business District. Motion passed unanimously with Commissioner Skrobarczyk being absent. H 'L °.-DR \ SHARED 1Beveri < Z007 CC,Mtar'Q 7 ` 1_■07- 08Minutes.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PAISANO CONTRACTORS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO BARCELONA ESTATES UNIT 3, BLOCK 9, LOT 1, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS 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 Paisano Contractors, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 21, 2007. during a meeting of the Planning Commission, and on Tuesday, May 8, 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 Barcelona Estates Unit 3, Block 9, Lot 1, located along the southwest intersection of Kostoryz Road and Masterson Drive from "R-1B" Ore- family Dwelling District to "6-1" Neighborhood Business District. (Zoning Maps 048036 and 047036' SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. - LEG -Dl R\ Shared \Gar 1S\agenda12007 \5- 8\Ord- zoning 0307 -08 Paisano Contractors- BarcelonaEst3 reg.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealer. 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 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of May, 2007 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor, City of Corpus Christi APPROVED: May 3 2007 Gary al. Smith Assistant City Attorney For City Attorney LEG- DIR1Shared \GaryS \agenda1200715- 8 \Ord- zoning 0307 -08 Paisano Contractors- BarcelonaEst3 reg.doc Page 3 of 3 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, 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 H1LEG -DlR\ Shared \GaryS1agenda1200715 -8 \Ord- zoning 0307 -08 Paisano Contractors- BarcelonaEst3 reg.doc 1 AGENDA MEMORANDUM PUBLIC HEARING .- ZONING (City Counci1 Action Date: 05/08/07) Case No. 0307 -09, Sou*kside Ventures, L.P.: A change of zoning from an "A -1" Apartment House District and "B-1" Neighborhood Business District to a "R-1C" One - family Dwelling District on property described as Foxwood Estates Phase IL Block 2. Lot 4, located on Grand Junction Drive, 300 feet west of Everhart Road *maim Commission & Staff Recommendation (03/21/07): Approval of a "R-1C" One - family Dwelling District Ripouested Council Action: Approval of a -R-1C" One - family Dwelling District. Summary: • Request: The applicant is requesting a change of zoning from "A -1" Apartment House District and '13-1" Neighborhood Business District to a "R -1C" One - family Dwelling District and is proposing the development of single - family dwellings. The subject property consists of 9.70 acres and is located on Grand Junction Drive. 300 feet west of Everhart Road. The "R -1C" district allows single- family development on 4.500 square foot lots, compared to the 6,000 square feet that is required in the "A- " District. • Existing Land Use: The subject property is currently vacant. The proposed development on the subject property will contain single- family homes that average 1,800 square feet. • Located north of the subject property are vacant properties with "R- 1B /SP" One- family Dwelling District with a Special Permit zoning. Property to the south is developed as medium - density residential (Willowrck Apartments) and is zoned "A -1" Apartment House District. To the east are vacant lots that are zoned "B -1" Neighborhood Business District. And to the west are low - density residential uses that are zoned "R -1 B "One - family Dwelling District. • Comprehensive Plan: While the requested "R -1C" One - family Dwelling District is an appropriate rezoning, it would require a modification to the future land use map which recommends medium - density residential uses for the subject property. Transportation: The subject property is located on Grand Junction Drive, a local access street, 300 reet west of Everhart Road. an arterial. The proposed development will have access on Grand function Drive. l'he number of trips generated from the subject property could be reduced by approximately 50% with the zoning change to "R-1C". based on the maximum number of units per acre for each district. The "A -1" Apartment House District would generate 2,134 vehicles per day while the "R -1C" One - family Dwelling District will generate 959 vehicles per day. A . ;ena4 •lemorandurr ise N 307 -09 (Southsiae `+ _ ntures_ Page 2 Nofication: Of the eight (8) notices mailed to the surrounding property owners, one (1) was 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 rvices D M/F G M/blp Atthmeats: Zoning Report 2) Planning Commission Minutes (013!21107) 9i Ordinance 'PLN- 1)[R`.SHAR} D\ Bev erly 201' CC,Mar '0 007-09 AGENDA, EMO doc CITY COUNCIL ZONING REPORT Cast No.: 0307 -09 City Council Hearing Date: May 8. 2007 '3 PP O Applicant: Southside Ventures, L.P. �4.6. o c. Owner: Same as Applicant '� Agent: Balusek - Frankson, Court land Frankson a v ; Legal Description/Location: Foxwood Estates Phase II, Block 2, Lot 4, located on Grand d Ca Junction Drive, 300 feet west of Everhart Road. From: To: "A -1 Apartment House District and "B-1" Neighborhood Business District "R-1C" One - family Dwelling District Area: 9.70 acres Purpose of Request: To allow for the development of single family dwellings. Zoning Existing Land Use Future Land Use Site A -1" Apartment House District and "B-1" Neighborhood Business District a North ! "R- 1B /SP" One - family Dwelling District with a Special Permit •3 South A -1 " Apartment House District East -B-1" Neighborhood Business District West "R -1B" One - family Dwelling District Vacant Medium - density Residential Vacant Low - density Residential Medium - density Residential Medium - density Residential Vacant Commercial Vacant Low - density Residential Area Development Plan. Southside: The future land use plan supports medium - density residential uses for the subject property and commercial uses for abutting properties to the east. Map No.: 046034, 045034 Zoning Violations: None Zoning keport ase "so 0307- 09'Southside Venture. L.P Page Staff's Summary • Request: The applicant is requesting a change of zoning from "A -1" Apartment House District and -B-1- Neighborhood Business District to a "R -1C" One - family Dwelling District and is proposing the development of single - family dwellings. The subject property consists of 9. 70 acres and is located on Grand Junction Drive, 300 feet west of Everhart Road. The "R- i C' district allows single family development on 4,500 square foot lots, compared to the 6. +)00 square feet that is required in the "A -1" district. • Existing Land Use The subject property is currently vacant. The Proposed development on the subject properh will contain single family homes that average 1,800 square feet in size. • [. ocated north of the subject property are vacant properties with "R- 1B /SP" One - family Dwelling District with a Special Permit zoning. Property to the south is developed as medium - density residential (Willowick Apartments) and is zoned "A -1" Apartment House District. I :) the east are aacant lots that are zoned "B -1" Neighborhood Business District. And to the west are low- density residential uses that are zoned "R -1B" One - family Dwelling District. • Comprehensive Plan: While the requested "R -1C" One - family Dwelling District is an appropriate rezoning, it would require a modification to the future land use map which recommends medium - density residential uses for the subject property. • Transportation: The subject property is located on Grand Junction Drive, a local access street. 300 feet west of Everhart Road, an arterial. The proposed development will have access on (Jrand Junction Drive. • The number of trips generated from the subject property could be reduced by approximately over 50% with the zoning change to "R-1C", based on the maximum number of units per acre for each district. The "A -l" Apartment House District would generate 2,134 vehicles per day while the -F(- I C'' One-family Dwelling District will generate 959 vehicles per day. C Street Type Grand Junction Drive Local Access Street Everhart Road Minor Arterial Undivided Paved Section Not Available 95' ROW, 64' BB Volume (2001) Not Available 22,820 ADT The subject property is platted The proposed rezoning to `R-1(:- will reduce the total number of dwelling units that can be built on the subject property and allow for the development of these homes on lots of 4,500 sq. ft. The single family home development will have less impact to surrounding properties than an apartment complex that could be built under the current zoning. The "R -1C" district will be a more compatible use to the single family lots to the west. Zoning Report Case No. )307-09 t Southside Ventures, i.:.P. i Page Recommendation Approval of the ''R-1C" One-family Dwelling District. 0 1. • 8 Approval of the '`R- 1 C" One- family Dwelling District. tee, V x c Number of Notices Mailed — 8 EFavor — E Opposition — 0 v a (As of March 2 . 2007) Attachments: Zoning Map H. "•PLN -C)IR SHARED \Beverly\200` PC\ZONRPTS\March\0307 -09 Southside Ventures REPORT.doc R -1 B D A W S O N E L E M E N T A R Y SCH00L A -2 -1 4 A -1 a m L—a District �. RE Resident :a estate vistru t R-:: RA ma :'e Fav Dwelling Des" ci q-1A _The Fam.iv Dwelling :D,sr - -t Farniii, Dwelling D s*_uct °e Fam is, Dwelling 1 str r oartrrent louse Dist c- •^ ADartrrent 'louse Disrr't. +oartme'r louse D.str -c: 4 oartrnent Thurist �istn;a recsiena Office Distr., 5P Pt;, Case 0307 -09 NOTICE MAP ownnouse Dwei ;i ig District Muit-,p a D. strict ?raver --a ter ParK District ManufactL-ed r,ome Park Distr -t Manuractu-ed Horne Subdivision District Histo',cai- .iltu ra ..andmark Preservation .str!a }strict neav< :n Just, d .); titr ct Soecat Planned Deveie m 3 -1 Neighborhood Business District 3 -1A Neighborhood Business District 8 -2A Barrier Island Business District B -2 Bayfront Business District BD Corpus Christi Beach Design Dist. 8-3 Business District 3 -4 General Business District B -5 Primary Business District 3 -6 Primary Business Core District _im+ted Industrial District NORTH 0 150 300 Feet HK /O5MARO7 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — March 21, 2007 5:30 P.M. COMMISSIONERS PRESENT R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton \tilano J. Huerta .von J. Kelly ohnny R. Martinez Michael Puslev *Arrived at 5:35 p.m. Sohn C. Tamez COMMISSIONERS ABSENT lames Skrobarczvk STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldatia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Dan McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary I. CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. Iti . ZONING 1 New toning Case No. 0307 -09 Southside Ventures, L.P.: A change of zoning from "A -1" Apartment House District and "B -1" Neighborhood Business District to a "R -1C` One- family Dwelling District Foxwood Estates Phase II, Block 2, Lot 4, located on Grand Junction Drive, 300 feet west of Everhart Road. Dan McGinn presented the above mentioned case for a proposed development of single family dwellings on 4,500 square foot lots. The subject property is 9.70 acres and is currently vacant with surrounding land uses of primarily vacant land with a multi family development to the south. This request is part of a larger zoning change that was approved in December, 2005 that was approximately twenty-seven acres in size. The zoning changed from a "R-1B" Single family Dwelling District to an "A -1" Apartment House District which requires a 6,000 square square foot lot for single family development. Staff recommends the change in zoning to the "R-1C" One - family Dwelling District. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHSIDE VENTURES, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO FOXWOOD ESTATES PHASE 11, BLOCK 2, LOT 4, FROM "A -1" APARTMENT HOUSE DISTRICT AND "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1C" ONE - FAMILY DWELLING 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 Southside Ventures, L.P., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 21, 2007, during a meeting of the Planning Commission, and on Tuesday, May 8, 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 Foxwood Estates Phase 11, Block 2, Lot 4, located on Grand Junction Drive, 300 feet west of Everhart Road from "A -1" Apartment House District and "B -1" Neighborhood Business District to "R -1C" One - family Dwelling District. (Zoning Maps 046034 and 0450341 SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H `,LEG -DIR\ Shared\ GaryS \agenda12007\5 -8 Ord- zaning 0307 -09 Southside Ventures FoxwoodEstll reg.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. 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 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 8th day of May, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary APPROVED: May 3, 2007 Gtr W. Smith Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H LEG -DIR\ Shared \GaryS\agenda\2007\5- 8\ord- zoning 0307 -09 Southside Ventures FoxwoodEstll reg.doc Page 3 of 3 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 ernergency 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 H: 1LEG- OIR \Shared1Garys\agenda12007\5 -8 \Ord- zoning 0307 -09 Southside Ventures FoxwoodEstll reg.doc 17 CITY COUNCIL AGENDA MEMORANDUM April 24, 2007 AGENDA ITEM: Ordinance abandoning and vacating the Erwin Avenue public street right -of -way out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence Drive to the north right -of -way line of Huisache Street; Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 -feet south of Huisache Street; Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right - of-way line of Colima Street; Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 -feet south of Huisache Street; Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Noakes Street, out of Harbor View Estates, from Poth Lane to Retama Avenue; Huisache Street, between Grace Heights Addition and Harbor View Estates, from Poth Lane to approximately 75 -feet west of the centerline of Retama Avenue; 'iuis$che Street, out of Oak Lawn Subdivision, from Buddy Lawrence Drive to approximately 75 -feet east of the centerline of Retama Avenue; Grace Drive, out of Grace Heights Addition, from Maguey Street to Cenizo Avenue; Ash Street, between Oak Park Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open; Colima Street, out of Oak Park Addition, from Poth Lane to Interstate Highway 37; subject to owner's compliance with the specified conditions. ISSUE: CITGO Refining and Chemicals Company L.P., is initiating the abandonment and vacation of the above mentioned public street rights -of -way in the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road, to better secure the property around the refineries and to restrict access it the area so as to better prevent unauthorized activities, including the dumping of trash. within the area REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street nghts -of -way RECOMMENDATION: Staff recommends approval of the ordinance as presented. . Escobar, P.E., r of Engineering Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibt F — Exhibit G /02 Debbie Marroquin, P.E. Interim Director of Deve - Background Information - Ordinance - Site Location Map — Company Letters — Minutes of Meeting w /CITGO and Hillcrest Neighborhood Association Acknowledgement Document from Corpus Christi Community Advisory Council — Minutes of the Transportation Advisory Committee Meeting, April 9, 2007 gen gO7\.sv -loCak Park Area.M AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: CITGO Refining and Chemicals Company L.P , is requesting the abandonment and vacation of several public street rights -of -way (Gibson Street, Noakes Street, Grace Drive, Ash Street, Maguey Street and portions of Colima Street, Huisache Street, Cenizo Avenue, Retama Avenue, Oak Park Avenue. and Erwin Avenue) in the Oak Pak Area. Joining Citgo in their request for the street closures were the other adjacent property owners, Flint Hills, Javelina, Equistar, and Exxon Refineries, as well as Williams - Terminal. Public notices were sent out by mail to all the 49 property owners within a 450 -foot radius of the public street closures and a public notice was published in the Corpus Christi Caller Times newspaper CITGO Refining and Chemicals Company L.P., is requesting the abandonment and vacation of the public street rights -of -way to better secure the property around the refineries and to restrict access in the area so as to better prevent unauthorized activities, including the dumping of trash, within the area. (see Exhibit 'D CITGO Refining and Chemical Company, met with the Hillcrest Neighborhood Association on March 21 2007 Two concerns related to the proposed street closures were raised by the Neighborhood Association members present. These concerns were responded to immediately by CITGO representatives and /or addressed by specified conditions within the proposed street closure ordinance. (see Exhibit 'F') A Traffic Advisory Committee meeting was held on Mon., April 9, 2007, at 2:30 p.m., in the City Council Chambers to discuss the proposed street closures. The proposed street closures were endorsed by the Traffic Advisory Committee. (see Exhibit G) There is an existing non -ozone TCEQ atmospheric monitoring station on Huisache Street within the Oak Park Area that will remain in operation. CITGO Refining and Chemicals Company, agrees to provide access to the TCEQ, from the street rights -of -way, to allow the TCEQ to maintain and operate the existing monitoring station site. CITGO Refining and Chemicals Company, agrees to also provide access from the street rights -of -way to allow contract services to maintain and operate the existing privately owned real time gas chromatograph facilities which are operated in parallel with the TCEQ Huisache Street air quality monitoring station. If TCEQ decides to relocate to an alternate location within the 300 -foot buffer zone, CITGO Refining and Chemicals Company, agrees to provide access to the new site location. provided that the new site is on CITGO property. The existing privately owned real time gas chromatograph facilities operated in parallel with the TCEQ Huisache Street air quality monitoring station will remain in operation until decommission or relocation is agreed to by the Corpus Christi Community Advisory Council. (see Exhibit `F') EXHIBIT A gen*07,str•cb1Oak Park Area M2 There are existing ground water monitoring stations within the limits of the proposed street closures. CITGO Refining and Chemicals Company L. P has agreed to provide access to the stations from the street rights-of-way to allow the maintenance and operation of the existing ground water monitoring stations CITGO Refining and Chemicals Company L.P., agrees to provide additional traffic control measures as required to prevent adverse traffic impacts to the neighboring residential areas that might result from periods of high plant activity such as plant turn- arounds. City Staff and CITGO Refining and Chemicals Company representatives met with the Corpus Christi Community Advisory Council during their April 11, 2007, monthly meeting to inform them of the proposed street closures. One concern related to the operation of benzene monitoring facilities on Huisache Street, was brought forth by the group. This concem has been addressed through an additional specified condition within the proposed street closure ordinance. Ali public and franchised utilities were contacted. Most of the public and franchised utilities contacted, mentioned that they had existing utilities within the public street rights -of -way and are asking that the entire width of the street rights -of -way be retained as utility easements until all existing utilities have been abandoned and /or relocated at CITGO Refining and Chemical Company's expense. AEP, SWBT and TimeWamer have no objections to the abandonment but will seek reimbursement if adjustments to their facilities become necessary. Staff recommends that the Owner pay the fair market value of $292,926.60 within 30 days of adoption of the street closure ordinance for the abandonment and vacation of the total 650,948 - square foot portions of public street rights -of -way within the Oak Park Area that are bounded by the Buddy Lawrence Drive, Gibson Street. Poth Lane, and Interstate Highway 37 Frontage Road. The Fair Market Value fee was calculated without discount on a one -time payment basis. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A gen\ag0'‘str clo\Oak Park Area.M.- MAVERICK ENGINEERING, INC. February 2 2007 Mr George K Noe City Manager City of Corpus Christi . 0 Box 9277 Corpus Christ., TX 78401 Dear. Mr. Noe CITGO Refining and Chemicals Company, L.P. is the owner of a significant portions of the and within the Oak Park neighborhood bounded by Buddy Lawrence Drive, Gibson Street, Poth Lane and Interstate 37 Frontage Road, Govind Nadkarni with Maverick Engineering, Inc. Consulting Engineer and agent for CITGO in this matter, is requesting the City of Corpus Christi consider closure of some of the streets and avenues in this area CITGO s primary interest in this property at this time is to restrict access in the areas so as to better prevent unauthorized activities, including the dumping of trash, within the area CITGO's construction and maintenance activities within the refinery are presently requiring additional laydown parking office and staging areas to support these activities. CITGO does not have any plans currently to build additional process units within the heavy industrial area. CITGO intends to maintain the existing 300 ft. greenbelt area `rom the Interstate 37 frontage road - north in order to better secure the property owner througn its agent is requesting the closure of The following streets CLOSING ERWIN AVENUE OUT OF OAK LAWN (VOL. 5, PG. 27, M.R.N.C.T.), FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37: OAK PARK AVENUE OUT OF OAK LAWN (VOL.5, PG 27 M.R.N.C.T.), FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37: RETAMA AVENUE BETWEEN OAK LAWN (VOL. 5, PG 27, M.R.N.C.T.), AND HARBOR VIEW ESTATES (VOL. 5, PG. 49 M.R.N.C.T.), FROM BUDDY LAWRENCE DRIVE TO THE NORTH RIGHT -OF -WAY LINE OF HUISACHE STREET: CENIZO AVENUE OUT OF HARBOR VIEW ESTATES (VOL. 5, PG. 49, M.R,N C.T ) ZOGO S.PI.D., 5. _te :30 • Corpus Christi, TX 78416 -1141 2.89- S5 Fix -.)713 a w vw.maverickengineer : ng.com EXHIBIT D 1 of 7 CENIZO AVENUE OUT OF GRACE HEIGHTS ADDITION (VOL. 12, PG. 11, M.R N C T) FROM GRACE DRIVE TO INTERSTATE 37; MAGUEY STREET OUT OF HARBOR VIEW ESTATES (VOL. 5, PG. 49, M.R.N C r) MAGUEY STREET OUT OF GRACE HEIGHTS ADDITION (VOL. 12, PB. 11, M R.N.0 T ) FROM GRACE DRIVE TO INTERSTATE HIGHWAY 37; 3IBSON STREET, OUT OF HARBOR VIEW ESTATES (VOL. 5. PG. 49, 'v1.R.N.0 T) FROM POTH LANE TO RETAMA AVENUE; NOAKES STREET, OUT OF HARBOR VIEW ESTATES (VOL. 5, PG. 49, M R.N.0 T i. FROM POTH LANE TO RETAMA AVENUE; HUISACHE STREET BETWEEN GRACE HEIGHTS ADDITION (VOL. 12, PG. 11, M.R.N C T.) AND HARBOR VIEW ESTATES (VOL. 5, PG. 49, M.R.N.C.T.), FROM POTH LANE TO 75' WEST OF THE CENTERLINE OF RETAMA AVENUE HUISACHE STREET, OUT OF OAK LAWN (VOL. 5, PG. 27, M.R.N.C.T.), FROM BUDDY LAWRENCE DRIVE TO 75' EAST OF THE CENTERLINE OF RETAMA AVENUE GRACE DRIVE, OUT OF GRACE HEIGHTS ADDITION (VOL. 12, PG. 11, IV! R.N.0 T FROM MAGUEY STREET TO CENIZO AVENUE; ASH STREET, BETWEEN OAK PARK ADDITION (VOL. 5, PG. 9 M.R.N.C.T.) AND GRACE HEIGHTS ADDITION (VOL. 12, PG. 11, M.R.N.C.T.), FROM POTH LANE TO INTERSTATE 37 SAVE AND EXCEPT THE PORTION OF RETAMA AVENUE REMAINING OPEN: AND COLIMA STREET OAK PARK ADDITION (VOL. 5. PG. 9 M.R.N.C.T.), FROM POTH LANE TO INTERSTATE HIGHWAY 37 We propose converting the portion of Retama Avenue that will remain open into a cul- de -sac or alternate method for access with sufficient turning radius for City emergency response equipment. CITGO is considering making an offer to purchase the one 'emaining residential property n the area. If CITGO were to make an offer, the offer +mould be more than fair and significantly above the market value of other properties in the area. If and when CITGO acquires this property, we would appreciate the City's support and approval In also closing this portion of Retama Avenue. CITGO has consulted with the other property owners impacted by the proposed closures, including Magellan, Lyondell Equistar, Flint Hills, and Mark West Javelina. We have addressed the Right -of -Way and access concerns of these parties and do not anticipate any resistance to these proposed changes from these landowners. CITGO has also requested a support letter from these landowners sent directly to the City of Corpus Christi EXHIBIT D 2 of 7 CI TGO will post barricades at :hese streets along the IH 37 Frontage Road in order to restrict access Nhiie orovidinc sufficient visible signage to motorists that the street are closed Closure of these street and avenues will benefit the City in many ways, including reducing the maintenance poice monitoring and other costs associated with the utilities and streets within this area. C ITGO will provide utilities easement to the City of Corpus Christi for any utilities that must remain to provide services to its existing customers. Remainder of the utilities and is easements will be closed. 3Iease contact me. Govind Nadkarni, Vice President - Maverick Engineering, Inc., at 361; 289 -1385 if any additional information is needed at this time and if any further action or filing is required to allow the City to proceed with its analysis and recommendation to dose the streets identified above. We appreciate your assistance and :;ooperatior Govind Nadkarni. P E Vice President Maverick Engineering. +nc EXHIBIT D 3 of 7 'MAVERICK ENGINEERING, INC. MINNIiiiiMMENTE April 16, 2007 Mr George K. Noe City Manager City of Corpus Christ; P. 0 Box 9277 Corpus Christi TX 78401 Dear Mr. Noe Please be informed that Maverick Engineering, Inc. as an agent for CITGO Refining Co., L.P lad contacted Exxon -Mobil regarding the street closure in the area bounded by Buddy Lawrence Drive, Gibson Street, Poth Lane and Interstate 37 Frontage Road. As of this date we have not had a positive or negative response from Exxon - Mobil. We therefore request that this action of Exxon - Mobile be considered as no objection from them Please contact me. Govind Nadkarni, Vice President - Maverick Engineering, Inc., at "361) 289 -1385 if any additional information is needed at this time and if any further action or filing is required to allow the City to proceed with its analysis and - ecommendation to close the streets identified above. We appreciate your assistance and cooperation Sincerely, Govind Nadkarni. P E Vice President Maverick Engineering. Inc. 2100 S.PI.D , Suite :.00 a Corpus Christi, TX 78416 -1141 ?61; 2 3'� -1385 F .° (36! 289 -0712 www.maverickengineering.com EXHIBIT D 4 of 7 'FLINT HILLS RESOURCES' Corpus Christi Complex Mare 13, 2007 Mr. George K. Noe City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 P.O. Box 2608 Corpus Christi, Texas 78403 -1608 RECEIVED MQR 15 20111 CITY MANAGER'S OFFICE Dear Mr. Noe We are aware that Citgo is requesting approval' from the City Planning Commission to close a street in the Oak Park neighborhood. We have two concerns that we believe should be considered prior to any approval: 1. Any Proposed changes within the community should be fully vetted with ' the neighborhood. organizations such as the Hillcrest Neighborhood Association. • 2. The Huisache Air Monitor is located within the area near.the proposed road. closure. We would like an assurance that the monitor would continue in its current place with all rights of access going forward to protect' his important information source. Plepse feel free to contact me if you have questions. 1 • Sincerely, Phil Gaarder Vicx. President/Manufacturing Manager CC: Hcory Williams, Hillcrest Neighborhood Association Ave' R. Escobar, City of Corpus Christi Kevin Ferrall, General Manager, Technical & Administrative Services, Citgo EXHIBIT D 5 of 7 b • ,.pport 'e? :er t,t George K Noe City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 7840 Dear Sir, Page1j 1/15/2007 CITGO Refining & Chemicals, L.P. has requested, in a letter dated February 2, 2007, that the streets in the Oak Park neighborhood be closed. CITGO has reviewed the plan with a representative of Equistar pipeline, and, as an affected landowner, we are not apposed to the proposed road closures. Sincerely aime Medina Damage Prevention and Rights -of- Way Coordinator Equistar Chemicals LP co: 'Angel R. Escobar Director of Engineering City of Corpus Christi EXHIBIT D 6 of 7 ri -!..• •- • MarkVies't Javeiina Cor 111 54.2.'e• 17,:i7LA:s 1340.7- 41E3 31-7391-4, 900 AZtra L- i•-_:1:1144 .:1:405,3:R°C:iCIF:i I. cfvr ti) afin 31Iet f`..S . Tile. 1 '31'. otifii-rie4:1 in t.17;.•zir fur tj ,jD 21:11-1".1 Clos;j:-ts -1112o 1 Z-31 E■67111"3,1.- .2) • • :11 • • EXHIBIT D 7 of 7 3dpr' 05 0` 04:OSp 1 -29 -2007 10:02 F - ,rn i ° sYlt . 0. Box 5178 ;orpus Christi. Texas 18469 s61E044151_S.i v : mSbyJr r.1 p.1 CITGO Refining and Chemicals Company L. P. Corpus Christi Relintry 11 No 1802 Nieces Bay Boulevard A,L Corpus Christi, Texas 78407 3611944-4600 billIMM16.1Mretirr 1altrrest:Yabhhaieed Assaciatee and CITGO ttllYatQt_gtmicels. !JP 31.7107 Mr. Honey W ]M and Mr. Dose! Pans of Me tiilcrest Ncigidn,rhend Amociatino met MSS Mt. Kevin Ferrell and Mr. Jesse tiattda of CIT'OO Raining geld Chemicals. LP_ to dKttus CITGO's request to die City of Corpus Christi Its close the roads in the Oak Park Aran besotted by Pea Lana. Buddy Lawrence Drive cud the frnmar and on the North side or ll 137. The meeting. which sae-t[d at 2:00, net held at C1TGO's N accts Hay Offices. rite concerns ra,oal by rhos Willcrl.a representative,:masted to the prop nurd desire were: • Fan. reasonable weassent, with ne horns on the rentrrriug resitcm in Mee area • CITCX) takr,ueci the rgxt:seaxrrtitves rhgr CTTGO vas developing another offer tin the 1'-»c of the residence that wta coon Man Lair and equitable. CITGO ens kering a nn shlcm beating the owner of to propty. (MOTU: Un the morning u( Meech 3007. CITGO's broker odiwa 4 C ITOO drip the owner ofrecord,111,r. Audrey lean Ainnigoeua+y, hid renaeartly passed away It is testiest as to who hors title hr the property.) • Trafric congestions tee Reddy Fawnstt:d11337 frontage rends may he n problem. cvrpe ially during periods of high msiilarusenee activities.. CITGO informed the sepresetttativet thu i[ is C'ITCers practice to hire i[ppruprime law enforcement to duets wattle due iapg porietho of high activity such as ttu•nenounds. The repmsamatives stated dhtt some engenders and employees cerretdy drive through the streets or the Oak Park neighborhood and this residers toagestion sr the Badly L whence uuersessithat. CITCrO 'audited on hxth min leis as CffGO'S totes direct em pkttyees and coroue: «trx to nut drive thettligM kcal neighborhoods when tweeting rn ani Awn the warrk sites. ()Mgr ISOM. Oat di,rt:0y Rialle'tt La, the :teem a it'grrt indeee 1: • When issees arise is the treighbortroai. it is herd to knew which Company is the hidistrial awes to cataract. Mists and dcbnk fined on Cars wits mentioned. CITGO pledged to kook iota possible Solutions to satin Mee resident in citnahedna the apprrp tow company. CTFCO also clarfeed the rlmk or the CITGO Misery which raw Soddy T.awrencs. • Grtrractctrs and tractor trailer tucks are perking in the HilkyssoF neighborhood whets working ul tin nearly f'auilitics. The ponesl out tic trucks currant), hauling disc. CTTrc It-wooded Meat the trucks nal cars are not associated with C1T(C). • 'flee consent with instant problems in des mw von, aims discussed. t ITOO stated rhau the MCC is limiting inns studies iot may be conducted in the area on sweats whittler Overeats Medical issues estiC'irkxi with tic local inclt,atries• pnesesce. • The association asks. M be informed of possible eiranws es plat in the tuti n . they usually we *it idedned by the local authorities it a tamely rashkes. The They Cie pt r that Advisory Council amino ,red u*w- Sam .d regular Corpwt that isle � oaeranelcarxott ware dkrpataai, t:IT(iC) sated test would attempt o keep the association informed of knees phut weld impact duir quality M fife. EXHIBIT E 1 of 2 r 05 07 U4:05p 1AR-29-29Er Juse Minutes of March 21. 2007 Neighborhood Meeting Pubs 2 Marc 29., 200-7 At the onnetusinn of MC 11111101:11111. crroo asketi 3353 rapresent4lives whether their arrteeras had been midmost:id and received 30 aflinnotive response. The ineedag closed with in whoa agreeing to wort more closely ,utpalkar ia Ow future blierPS Of •101.1119/11011BINOILID111 WM 91 APINUIN REINA Mr. Kevin Pemil Crtu0 Retittins and Cheinicak, r.,p EXHIBIT E 2 of 2 p.2 3E32E7,571 ACKNOWLEDGEMENT City of Corpus Christi Department of Development Services representatives presented information pertaining to proposed street closures in the Oak Park area to the Corpus Christi Community Advisory Council, Long Term Health Work Group during their April 11, 2007, meeting. The proposed street closures include ail or portions of Erwin Avenue, Oak Park Avenue, Retema Avenue, Cenizo Avenue, Maguey Street, Gibson Street, Noakes Street, Huisache Street, Grace Drive, Ash Street, and Colima Street within the area bounded by Buddy Lawrence Drive, Gibson Street, Poth Lana, and Interstate Highway 37 frontage road. The Corpus Christi Community Advisory Council, Long Term Health Work Group: Had no objections to the proposed street closures listed above. Had objections/concems related to the proposed street closures as listed below.. Acknowledged by the Corpus Christi Community Advisory Council: y -/3 ~a7 Date EXHIBIT F i�a vac,, tn, " .., •.;3( TRANSPORTATION ADVISORY COMMITTEE MINUTES Monday, April 9, 2007 I. CALL TO ORDER - Meeting called to order by Chairperson Green at 2:30 p.m. 11. APPROVAL OF MINUTES - Motion made by Ms. Beard, seconded by Mr. Carrizales to approve minutes of January 29, 2007. Motion passed. III. STAFF PRESENTATION AND PUBLIC HEARING - Street Closure - Oak Park Area Govind Nadkarni with Maverick Engineering representing CITGO Refining and Chemicals addressed the permanent closure and abandonment of the right -of -way of several streets in the Oak Park neighborhood bounded by Buddy Lawrence Drive, Gibson Street, Poth Lane and interstate Highway 37. CITGO beginning purchasing the homes in Oak Park it 1996, with alt but 10% of the homes purchased. Today, as a result of Citgo's purchasing ail but one lot with a house on it, all other residential buildings have been removed. The owner has recently been located and disposition is in the works_ The purpose of the closure is to restrict access and prevent unauthorized activities within the area. CITGO is the owner of the majority of property adjacent to the right of way proposed for closure Equistar, Exxon, MarkWest, Javelina Company, and Williams terminals Company are also owners of property adjacent to the proposed street closures and have or will submit letters agreeing to the proposed :losure. The City of Corpus Christi Urban Transportation Plan classifies all streets in the request as local residential access streets which were designed to provide access to individual residences in the neighborhood. Benefits to the City of Corpus Christi include: abandoning old deteriorated sewer Imes; abandon and plug old leaking water pipes; no more maintenance of approximately 9,500 linear feet of paved road and abandoning old storm sewers serving the abandoned street sections. Benefits to the community include: a green belt dividing Industrial Complex and Residential Area; no more open Land which encourages trash dumping; fenced area with screening between residential area and iay -down yard and parking lot and maintain benefit of the Community Air Monitoring Station. Benefits to Citgo include secure area by fencing; industrial area security; controlled or restricted access to minimize illegal trash dumping; prevent any unauthorized activities within the area and employee's safety and prevention of vehicles being vandalized. CITGO's commitment is to let City maintain street ROW as utility easements until all utilities are abandoned. To let City maintain existing utilities easements until all utilities are abandoned. CITGO will work with Hill Crest Neighborhood Association in getting their approval for Street Closure in Oak Park Area. TCEQ staff EXHIBIT G 1 of 3 Page 1 e ti�tea�� � 90T Page 2 will be provided with access and easement to existing Air Quality Monitoring Station, as long as the station remains on present location, and will also be provided with access and easement to new Air Quality Monitoring Station, if the monitoring station is - elocated on CITGO owned property. CITGO will provide access to Amerada Hess for maintenance of their ground water monitoring wells. 'Angel Escobar, Director of Engineering Services stated that City Staff is asking for recommendation from the Transportation Advisory Committee and the City will retain utility and street easements where streets are open until such time they are relocated or abandoned. The closure does require City council approval and Citgo must pay fair market value for this property and then land could be utilitized for there use. Mr. Bailey inquired of residents concerns of increased traffic due to the closure of these streets from employees and contractors taking short -cuts. Mr. Nadkarni stated that Citgo will notify both of residents concerns. Mr. Escobar stated that the Hil[crest residents were concerned during the high peak times and during "turnarounds" and that Citigo would use the assistance from the Sheriff's or Police Department to direct traffic away from the residential areas. In answer to Mr. Green question, Mr. Nadkarni stated that the 200 foot area north of IH37 woutd be the "green -belt" area. Public Hearing was open. Neldia Ortiz, 4118 Live Oak, Corpus Christi, Texas. Resident wanted to know how these closures would affect her. Mr. Nadkarni stated that all residents and property owners within 450 feet of the street closure must be notified, and this is the reason for her receiving the notification. Street closure woutd not affect anyone living on the south side of IH37. Public Hearing was closed. Motion made by Mr. Seiler, seconded by Mr. Carrizales to approve recommendation. Motion passed. There be no further discussion, members were notified of the next scheduled TAC meeting on Monday, April 23. 2007 at 2:30 p.m. to discuss issue of the MPO - TIP 2008- 2011 Meeting was adjourned. Public Hearing was closed. IV. STAFF RECOMMENDATIONS REQUIRING COMMITTEE REVIEW and or EXHIBIT G 2 of 3 Lted ra T. ;4gO7n r; , ..." RECOMMENDATIONS Motion made by Mr. Seiler, seconded by Mr. Carrizates to forward recommendation to the City Council expressing support for the proposed street closings upon meeting all requirements of City Ordinance No. 18399. Motion passed. V. RECOGNITATION of Audience /Public Concerns not scheduled on Agenda - None VI DISCUSSION ITEMS - None VII. ISSUES FOR NEXT SCHEDULED TRANSPORTATION ADVISORY MEETING - MPO TIP 2008 -2011 VIII, Meeting adjourned at 2:55 p,m. EXHIBIT G 3 of 3 Page 3 Page 1 of 6 AN ORDINANCE ABANDONING AND VACATING THE ERWIN AVENUE PUBLIC STREET RIGHT -OF -WAY OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37; OAK PARK AVENUE OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37; RETAMA AVENUE BETWEEN OAK LAWN SUBDIVISION AND HARBOR VIEW ESTATES, FROM BUDDY LAWRENCE DRIVE TO THE NORTH RIGHT- OF-WAY LINE OF HUISACHE STREET; CENIZO AVENUE OUT OF HARBOR VIEW ESTATES, FROM GIBSON STREET TO APPROXIMATELY 122 FEET SOUTH OF HUISACHE STREET; CENIZO AVENUE OUT OF GRACE HEIGHTS ADDITION FROM GRACE DRIVE TO THE NORTH RIGHT -OF -WAY LINE OF COLIMA STREET; MAGUEY STREET OUT OF HARBOR VIEW ESTATES FROM GIBSON STREET TO APPROXIMATELY 122 FEET SOUTH OF HUISACHE STREET; MAGUEY STREET OUT OF GRACE HEIGHTS ADDITION FROM GRACE DRIVE TO INTERSTATE HIGHWAY 37; GIBSON STREET OUT OF HARBOR VIEW ESTATES, FROM POTH LANE TO RETAMA AVENUE; NOAKES STREET, OUT OF HARBOR VIEW ESTATES, FROM POTH LANE TO RETAMA AVENUE; HUISACHE STREET, BETWEEN GRACE HEIGHTS ADDITION AND HARBOR VIEW ESTATES, FROM POTH LANE TO APPROXIMATELY 75 FEET WEST OF THE CENTERLINE OF RETAMA AVENUE; HUISACHE STREET, OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO APPROXIMATELY 75 FEET EAST OF THE CENTERLINE OF RETAMA AVENUE; GRACE DRIVE, OUT OF GRACE HEIGHTS ADDITION, FROM MAGUEY STREET TO CENIZO AVENUE; ASH STREET, BETWEEN OAK PARK ADDITION AND GRACE HEIGHTS ADDITION, FROM POTH LANE TO RETAMA AVENUE AND FROM RETAMA AVENUE TO INTERSTATE HIGHWAY 37, SAVE AND EXCEPT THE PORTION OF RETAMA AVENUE REMAINING OPEN; COLIMA STREET, OUT OF OAK PARK ADDITION, FROM POTH LANE TO INTERSTATE HIGHWAY 37; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, CITGO Refining and Chemicals Company L.P., requested the abandonment and vacation of the Erwin Avenue public street right -of -way out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence Drive to the North Right -of -Way line of Huisache Street; Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right -of -way line of Colima Street; Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet south of Huisache Street; Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Noakes Street, out of _EG -D; R1 Shared \GarySlagenda1200- '14- 241ORD- abandon- vacateCITGOPublicStreets.doc Page 2 of 6 Harbor View Estates, from Poth Lane to Retama Avenue; Huisache Street, between Grace Heights Additior and Harbor View Estates, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue; Huisache Street, out of Oak Lawn Subdivision, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Drive; Grace Drive out of Grace Heights Addition, from Maguey Street to Cenizo Avenue: Ash Street, between Oak Park Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open; Colima Street, out of Oak Park Addition. from Poth Lane to Interstate Highway 37. The public street rights -of- way to be abandoned and vacated are located in "B -3 ", "1 -2" and "1 -3" districts; and WHEREAS, with proper notice to the public, public hearings were held on Monday, April 9, 2007, during a meeting of the Transportation Advisory Committee, and on Tuesday, April 24, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portions of the public street right -of -way, subject to the provisions below (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT SECTION 1. That the following public street rights -of -way are abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through each abandoned public street right -of -way until the existing utilities in each right -of -way are relocated or abandoned a) Erwin Avenue public street right -of -way out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27, Map Records of Nueces County, Texas, from Buddy Lawrence Drive to Interstate Highway 37; o) Oak Park Avenue out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27 Map Records of Nueces County, Texas, from Buddy Lawrence Drive to interstate Highway 37. c) Retama Avenue between Oak Lawn Subdivision, plat recorded at Volume 5, Page 27. Map Records of Nueces County, Texas, and Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Buddy Lawrence Drive to the North Right -of -Way line of Huisache Street; d) Cenizo Avenue out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Gibson Street to approximately 122 feet south of Huisache Street. H. i.,EG -DIR! Shared \GarySlagenda1200714- 241ORD- abandon- vacateCITGOPublicStreets.doc Page 3 of 6 e) Cenizo Avenue out of Grace Heights Addition, plat recorded at Volume 12, Page 1, Map Records of Nueces County, Texas, from Grace Drive to the north Right - of -Way line of Colima Street. f) Maguey Street out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas. from Gibson Street to approximately 122 feet south of Huisache Street g) Maguey Street out of Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, from Grace Drive to Interstate Highway 37. h) Gibson Street out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas. from Poth Lane to Retama Avenue; i) Noakes Street, out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Poth Lane to Retama Avenue; J) Huisache Street, between Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, and Harbor View Estates, plat - ecorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue; k) Huisache Street, out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27, Map Records of Nueces County, Texas, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Drive; 1) Grace Drive, out of Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County. Texas, from Maguey Street to Cenizo Avenue: rn) Ash Street, between Oak Park Addition, plat recorded at Volume 5, Page 9, Map Records of Nueces County, Texas, and Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open; n i Colima Street, out of Oak Park Addition, plat recorded at Volume 5, Page 9, Map Records of Nueces County, Texas, from Poth Lane to Interstate Highway 37 SECTION 2. The abandonment and vacation of the above public street rights -of -way is conditioned upon the Owner's compliance with the following: 1, Staff recommends that the Owner pay the fair market value of $292,926.60 within 30 days of the adoption of this street closure ordinance, on a one -time payment basis, for the abandonment and vacation of the 650.948- square feet of public street rights -of -way within \LEG -_SIR\ Shared \GaryS \agenda\2007\4- 24 \ORD- abandon- vacateCITGOPublicStreets.doc Page 4of6 the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road. That the entire width of all the public street rights -of -way proposed for closure be retained as utility easements until all existing utilities have been abandoned in place or relocated at owner's expense. AEP AT &T and TimeWarner will seek reimbursement if adjustments to their facilities become necessary. 4 CITGO Refining and Chemicals Company, agrees to provide access to the TCEC, from the street rights -of -way, to allow the TCEQ to maintain and operate the existing monitoring station site. CITGO Refining and Chemicals Company agrees to also provide access from the street rights - of -way to allow contract services to maintain and operate the existing privately owned real time gas chromatograph facilities which are operated in parallel with the TCEQ Huisache Street air quality monitoring station. If TCEQ decides to relocate to an alternate location within the 300 -foot buffer zone, CITGO Refining and Chemicals Company agrees to provide access to the new site location, provided that the new site is on CITGO property The existing privately owned real time gas chromatograph facilities operated in parallel with the TCEQ Huisache Street air quality monitoring station will remain in operation until decommission or relocation is agreed to by the Corpus Christi Community Advisory Council. There are existing ground water monitoring stations within the limits of the proposed street closures. CITGO Refining and Chemicals Company L.P., agrees to provide access to the existing ground water monitoring stations from the street rights -of -way, to allow the maintenance and operation of these ground water monitoring stations. CITGO Refining and Chemicals Company L.P., agrees to provide additional traffic control measures as required to prevent adverse traffic impacts to the neighboring residential areas that might result from periods of high plant activity, such as plant turn - arounds. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, 9 Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval H:\ LEG- DIR \Shared\GarvS \agenda1200?14- 24\ ORD- abandor- vacateCITGOPublicStreets.doc Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the '4 day of i ( , 2007, by the following vote: Henry Garrett Bill KeIIy Brent Chesney I �j ; ...� -ij---- Rex A. Kinnison John E Marez (A b S �.„1 Jesse Noyola Melody Cooper Mark Scott Jerry Garcia (1_29 That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Bill KeIIy Brent Chesney Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia , 2007, by the following vote: PASSED AND APPROVED, this the day of , 2007. ATTEST: Armando Chapa City Secretary APPROVED: April 18 2007 G mith Assistant City Attorney For City Attorney Henry Garrett Mayor ti ; LEG -C>1R\ Shared \GaryS \agenda\2QC714- 24 \ORD- abandon- vacateCITGOPublicStreets.doc MAGELLAN TERMINAL HOU:IIIGS. LP 40cF.' xo 0 ax) =GO -WILLS TERMINALS HOLDINGS 1 I °BIM $T. =ME: 1..1CW CrTGO 0 ECUSTAR CHEMICALS LP ECIA3TAR CHEMICALS LP EOLISTAR CHEMICALS LP MCIAKE:3 ST. g TRACK-2 ZONE 1.3 . - - — - - = _ HUISACHE ST. 1 V Mae 4 _ • GROCE ▪ DR. - - - 1-2 • -t • --- =KA a I MN ST g 100 LEGEND CITY UMIT LINE ROAO TO REMAIN OPEN ROAD R. 0.W. CLOSURE FLINT HILLS (KOCH) JAVEUNA EOISTAR CHEMICALS LP WILLIAMS TERMINALS HOLDINGS PRIVATELY OWNED-NOT CLOSED EXXON ROAD R.O.W. CLOSURE • 060.348 &F. CITGO 41111Pv \' /A2 I' 3 Itti / • „ VAGHEaLLDAN IPS TERM. IN AL N?MIs- v catvs EPt < W‘U 40°4' 1$ * . 15 1 7 -\11--/ 262)523 - -32- - EXHIBIT C 41411030 35" 34 NOTE. . Fos Plaprerre mem , INPOIRWITION RIP191 To TAE om OAK PARK AREA PROPOSED ROAD CLOSURE SHEET 1 of 2 PROJECT LOCATION • • . . - . . _ . NORTH • • te,...), - . , ..--,--- ___-- -;;=;_,---------- MOLIPIMENI ----.----j—r—.— --1---. "--".—.----------' ' M..2.—.--.-------'7.--- _...i..--,..t 111:117- -"---- -- -- ...r — - - ./ 7.-7-7:" , i 41•721"—: ...r= -'.... - 7, / -, . / ' ;f . . . . , /-;,. / ....- VICINITY MAP NOT TO SCALE EXHIBIT C OAK PARK AREA PROPOSED ROAD CLOSURE SHEET 2 of 2 18 CITY COUNCIL AGENDA MEMORANDUM April 24, 2007 AGENDA ITEM: Ordinance abandoning and vacating a 18.909.80- square foot portion of a 10 -foot wide utility easement out of Lots 2 -16, Block 1 and Lots 18 -39, Block 1, Grace Heights Addition, and Lots 1 -12, Block 2, Grace Heights Addition; a 1,203.40- square foot portion of a 10 -foot wide utility easement out of and Lots 1 -12, Block 5 Oak Park Addition; a 13,817.60- square foot portion of a 10 -foot wide utility easement out of and Lots 3-4 and Lots 6-8, Block 12, Oak Park Addition Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised. Lots 1 -12. Block 15, Oak Park Addition Revised, Lots 1 -12, Block 16, Oak Park Addition Revised, and Lots 1 -12, Block 17, Oak Park Addition Revised; a 17.949.60- square foot portion of a 10 -foot wide utility easement out of Lots 1 -22. Block 1 Oak Lawn Addition, Lots 1 -14, Block 2, Oak Lawn Addition, Lots 1 -5 and Lots 10 -14, Block 3 Oak Lawn Addition. and Lots 1 -22, Block 4, Oak Lawn Addition; a 1.521.10- square foot portion of a 10 -foot wide utility easement out of Lots 2 -4 and Lots 12 -14, Block 1, Driscoll Village; requiring the owner CITGO Refining and Chemicals Company L.P to comply with the specified conditions. ISSUE: CITGO Refining and Chemicals Company L.P , is initiating the abandonment and vacation of the above mentioned utility easements in the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and interstate Highway 37 Frontage Road, to better secure the property around the refineries and to restrict access in the area so as to better prevent unauthorized activities, including the dumping of trash. within the area REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the Property is located These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Za.eit-i(44. .007 ► I { 0:11.0 R Escobar. P.E.. � Debbie Marroquin, P.E erector of Engineering Services Interim Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map qemagC7lmamt- clotOak ?ark Area M AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: CITGO Refining and Chemicals Company L.P , is requesting the abandonment and vacation of several unity easements (totaling 53,401.50- square feet) in the Grace Heights Addition, Oak Park Addlition - Revised, Oak Park Addition Oak Lawn Addition, and Driscoll Village Subdivisions, all located within the Oak Pak Area, bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road. CITGO Refining and Chemicals Company L.P., is requesting the abandonment and vacation of the utility easements to better secure the property around the refineries and to restrict access in the area so as to better prevent unauthorized activities, including the dumping of trash, within the area. CITGO Refining and Chemical Company, met with the Hillcrest Neighborhood Association on March 21 2007. Two concerns related to the proposed easement closures were raised by the Neighborhood Association members present. These concerns were responded to immediately by CITGO representatives and /or addressed by specified conditions within the proposed easement closure ordinance The is an existing non -ozone T,EQ monitoring station on Huisache Street within the Oak Park area that will remain in operation CITGO Refining and Chemicals Company L.P., has agreed to provide an access and utility easement for the TCEQ, to maintain and operate the existing monitoring station site. If the TCEQ decides to relocate to an altemate location, CITGO Refining and Chemicals Company agrees to provide access to the new site location, provided that the new site is on CITGO property City Staff and CITGO Refining and Chemicals Company representatives met with the Corpus Christi Community Advisory Council during their April 11, 2007, monthly meeting to inform them of the proposed street and easement closures. One concern related to the operation of benzene monitoring facilities on Huisache Street was brought forth by the group. This concem has been addressed through an additiona specified condition within the proposed easement closure ordinance The existing privately owned real time gas chromatograph facilities operated in parallel with the TCEQ Huisache Street air quality monitoring station will remain in operation until decommission or relocation is agreed to by the Corpus Christi Community Advisory Council. There are existing ground water monitoring stations within the limits of the proposed street closures. CITGO Refining and Chemicals Company L.P., has agreed to provide access to the stations from the street rights -of -way. to allow the maintenance and operation of the existing ground water monitoring stations gen1090- \esmt- clo\Oak Park Area M: EXHIBIT A All public and franchised utilities were contacted. Most of the public and franchised utilities contacted mentioned that they had existing utilities within the utility easements artd are asking that all the existing utility easements be retained by the City, until all the utilities have either been abandoned in place or relocated at CITGO Refining and Chemicals Company's expense. AEP, SWBT and TimeWarner have no objections to the abandonment but will seek reimbursement if adjustments to their facilities become necessary . Staff recommends that the Owner pay the fair market value of $24,030.45 within 30 days of adoption of the easement closure ordinance for the abandonment and vacation of the total 53,401.50- square foot portions of the 10 -foot wide utility easements bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road. The Fair Market Value fee was calculated without discount on a one -time payment basis. The owner has been advised of and concurs with the conditions of the utility easement abandonment. gemagC7esmt- cio\Oak Park Area M2 EXHIBIT A Page 1 of 4 AN ORDINANCE ABANDONING AND VACATING A 18,909.80 - SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2- 16, BLOCK 1, AND LOTS 18 -39, BLOCK 1, GRACE HEIGHTS ADDITION, AND LOTS 1 -12, BLOCK 2, GRACE HEIGHTS ADDITION; A 1,203.40- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1 -12, BLOCK 5, OAK PARK ADDITION; A 13,817.60 - SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 3-4 AND LOTS 6 -8, BLOCK 12, OAK PARK ADDITION REVISED, LOTS 1 -2 AND 7 -9, BLOCK 13, OAK PARK ADDITION REVISED, LOTS 1 -12, BLOCK 15, OAK PARK ADDITION REVISED, LOTS 1 -12, BLOCK 16, OAK PARK ADDITION REVISED, AND LOTS 1 -12, BLOCK 17, OAK PARK ADDITION REVISED; A 17,949.60- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1 -22, BLOCK 1, OAK LAWN ADDITION, LOTS 1 -14, BLOCK 2, OAK LAWN ADDITION, LOTS 1 -5 AND LOTS 10 -14, BLOCK 3, OAK LAWN ADDITION, AND LOTS 1 -22, BLOCK 4, OAK LAWN ADDITION; A 1,521.10- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2-4 AND LOTS 12- 14, BLOCK 1, DRISCOLL VILLAGE; REQUIRING THE OWNER, CITGO REFINING AND CHEMICALS COMPANY L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS WHEREAS, CITGC Refining and Chemicals Company L.P., requested the abandonment and vacation of a 18,909.80- square foot portion of a 10 -foot wide utility easement out of Lots 2 -16, Block 1, and Lots 18 -39, Block 1, Grace Heights Addition and Lots 1 -12, Block 2, Grace Heights Addition; a 1,203.40- square foot portion of a 10- foot wide utility easement out of Lots 1 -12, Block 5, Oak Park Addition; a 13,817.60 - square foot portion of a 10 -foot wide utility easement out of Lots 3-4 and Lots 6 -8, Block 12, Oak Park Addition Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised, Lots 1 -12, Block 15, Oak Park Addition Revised, Lots 1 -12, Block 16, Oak Park Addition Revised, and Lots 1 -12, Block 17 Oak Park Addition Revised; a 17,949.60- square foot portion of a 10 -foot wide utility easement out of Lots 1 -22, Block 1, Oak Lawn Addition, Lots 1 -14, Block 2. Oak Lawn Addition Lots 1 -5 Lots 10 -14, Block 3, Oak Lawn Addition, and Lots 1 -22, Block 4. Oak Lawn Addition; a 1 ,521.10- square foot portion of a 0 -foot wide utility easement out of Lots 2 -4 and Lots 12 -14, Block 1, Driscoll Village. The utility easements to be abandoned and vacated are located in "B -3 ", "1 -2" and "1 -3" districts; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easements, subject to the provisions below (Exhibit NM, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: LEG- DIR1SharedtGaryS \agenda\20C7 \4- 24 \ORD- abandon- vacateCITGO- UtilEasement.doc Page 2 of 4 SECTION 1. That the following utility easements are abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utikty easement is retained over, under, along, across, and through each abandoned utility easement until the existing utilities in each easement are relocated or abandoned. a 18,909.80- square toot portion of a 10 -foot wide utility easement out of Lots 2 -16, Block ' , and Lots 18-39, Block 1, Grace Heights Addition and Lots 1 -12, Block 2, Grace Heights Addition: a 1,203.40- square foot portion of a 10 -foot wide utility easement out of Lots 1 -12, Block 5 Oak Park Addition a 13,817.60- square foot portion of a 10 -foot wide utility easement out of Lots 3-4 and Lots 6 -8, Block 12, Oak Park Addition Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised, Lots 1 -12, Block 15, Oak Park Addition Revised, Lots 1 -12, Block 16, Oak Park Addition Revised, and Lots 1 -12, Block 17, Oak Park Addition Revised; a 17.949.60- square foot portion of a 10 -foot wide utility easement out of Lots 1 -22, Block 1, Oak Lawn Addition, Lots 1 -14, Block 2, Oak Lawn Addition, Lots 1 -5 and Lots 10 -14. Block 3, Oak Lawn Addition and Lots 1 -22, Block 4, Oak Lawn Addition; a 1,521.10- square foot portion of a 10 -foot wide utility easement out of Lots 2-4 and Lots 12 -14, Block 1, Driscoll Village SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: Owner must pay the fair market value amount of $24,030.45 within 30 days of the adoption of this easement closure ordinance, on a one -time payment basis, for the abandonment and vacation of the total 53,401.50 - square foot portions of the 10 -foot wide utility easements in the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane, and Interstate Highway 37 Frontage Road. That all the existing utility easements be retained by the City, until all the utilities have either been abandoned in place or relocated at CITGO Refining and Chemicals Company's expense. AEP. AT &T and TimeWarner have no objections to the abandonment but will seek reimbursement if adjustments to their facilities become necessary. 4. CITGO Refining and Chemicals Company agrees to provide access to the TCEQ, from the easement rights -of -way, to allow the TCEQ to maintain and operate the existing monitoring station site. CITGO Refining and Chemicals Company agrees to also provide access from the easement rights -of -way to allow contract services to maintain and operate the \LEG: -?IR\ Shared \GaryS \agenda\2007\4- 24\ORD- abandon- vacateCITGO- UtilEasement.doc Page 3 of 4 existing privately owned real time gas chromatograph facilities which are operated in parallel with the TCEQ Huisache Street air quality monitoring station. If TCEQ decides to relocate to an alternate location within the 300 -foot buffer zone, CITGO Refining and Chemicals Company agrees to provide access to the new site location provided that the new site is on CITGO property The existing privately owned real time gas chromatograph facilities operated in parallel with the TCEQ Huisache Street air quality monitoring station will remain in operation until decommission or relocation is agreed to by the Corpus Christi Community Advisory Council. There are existing ground water monitoring stations within the limits of the proposed street closures. CITGO Refining and Chemicals Company L.P. agrees to provide access to the existing ground water monitoring stations from the street rights -of -way to allow the maintenance and operation of these ground water monitoring stations. Upon approval from Council and ordinance issued, all grants of utility easement closures must be recorded in the real property Map Records of Nueces County. Texas. in which the property is located. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H 'LEG -DI R\ Shared \GaryS \agenda\2007 \4- 24 \ORD- abandon- vacateCITGO- UtilEasement.doc Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of • i , 2007, by the following vote: Henry Garrett Bill Kelly rJ 0 Brent Chesney — Rex A. Kinnison John E Marez 0-1,7 C ,,,8 Jesse Noyola A-7z- Me#ody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of , 2007. ATTEST: Armando Chapa City Secretary APPROVED: April 18 2007 G 'j +. Smith Asstant City Attorney For City Attorney Henry Garrett Mayor H. LEG- DIR1Shared \GaryS1agenda1200714- 241ORD- abandon- vacateCITGO- UtilEasement.doc ,ct-0 40' 1 ia 313:7111311H 1 1 1110110014 ■•■ vrinoo 'J.3 REV /10-36933 0 to 001 0 0 BE ABANDONDED Lr) 1- L.L.1 UJ (r) UJ 1=- D C) uJ 0 0 r) w 0 V) 0 0 _J 0 (J) ABANDONED EASEMENT EASEMENT TO REMAIN NOTE: 5 CENIZO AVE 1P1, Ifil4r. ERWIN AVE. 4.3 OAK PARK AVE RETAMA AVE. CENIZO AVE NAST vvATE EASEMENT TO BE KEPT SCALE 1" = 20C' LEGEND 71 WASE WATER EASEMEN- __] ■S'-!NG 5-"REE—S ""C ;E_MAIN OPE 200 0 200 SCALE: 1"=200' 400 !!1 TEL. 361 289 1385 rAX: 361 289 0712 P.O. Box 9094 CORPUS CHRISTI, TEXAS 78469 44/ tOir *ttail°P. 3:11e0 '12*-041114 1.3 00 co I EXISTING WASTE WATER LINES z 5 0 SCALE: 1"=-300' 0 z 0 0 z Z < —L < < W CC CD 00 uJuJ 1-LaiX CC fY LJ-11_,J < < < LLI 1) < < x TO REMAIN EXISTING STREETS TO REMAIN OPEN co ENtZ AVE MAGUEY $T. Pont LANE LEGEND WATER ASEMEN" RETAMA AVE. ERWIN AVE OAK PARK AVE W =R EASE 1E \' 70 BE K ° 200 SvA�_ = 20C' k SIINC - ;7R£ETS '('! QEMAIN ;PEN CENIZO AVE 0 MAGUEY ST. 200 SCALE: 1"=200' 400 TEL: 361 289 1385 FAX: 361 289 0712 P.O. 90X 9094 CORPUS CHRISTI, TEXAS 78469 1 -1I 31140V804 - s. 'L4 1611100 O 30W ID 1= ON iQ MONO Z W W J O O 0 O M 0 0 0 M SCALE: 1"=300' (V < CO CO N Q tG M N O V ^O CO CO w _ Z O ▪ O LLJ W it Q w Z —� Q cn U W W 0 Z O 0 Z Z Q • QN w CC CO O O w w _J J CC CC w Q � 3 LINES TO REMAIN EXISTING WAl ER W cL 0 EXISTING STREETS TO REMAIN OAK PARK AVE. RETAMA AVE. 1 I ; CRUD AVE. ' = . -. CENIZO AVE. co 4-ii-- gt3 g i ...: , MAGUEY ST. MAGUEY ST. POTH LANE LEGEND EASEMENT TO BE <EFT SCALE = 20C' 200 0 200 400 GAS EA.SF_MEN- SCALE: 1 "=200' 1 EX TPEE T REVA. CP:N At yaw cEC. TEL 361 28g 138s FAX: 361 289 0712 P.O. 80X 9094 CORPUS CHRISTI. TEXAS 78469 -(151 40- Ock \ticoL 1 1 '1St 314Covanm g "IS HIM 1110 30110110 • nal. OMA.OR41 'JB NO 0 0 0 0 0 0 0 GAS UTILITES REMAIN SCALE: 1"=300' V) CV 0) CO eft ,0 ,05 p — 0 Col 03 EXISTING GAS UTILITES TO BE ABANDONDED cn 0 LXISIING GAS LINE TO REMAIN EXISTING STREETS TO REMAIN OPEN PROJECT LOCATION • • • -_ • •- ■ •- - • , VICINITY MAP NOT TO SCALE EXHIBIT C 19 AGENDA MEMORANDUM AGENDA ITEMS: May 8, 2007 A. Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to Federal Aviation Administration Grant Number 3-48- 0051 -038-2006 to extend the scope of the grant to include the Rehabilitation of West GA Apron, Phase I, Rehabilitation of Air Carrier Apron Areas, Drainage Improvements, Phase V, acquisition of runway sweeper, conducting planning study (Benefit/Cost Analysis to extend Runway 13/31) and rehabilitation of taxiway systems at Corpus Christi International Airport. B. Ordinance Appropriating $2,818,150 from the Federal Aviation Administration Grant No. 3-48- 0051 -38 -2006 in the No. 3020 Airport Capital Improvement Fund for the Rehabilitation of West GA Apron, Phase I, Rehabilitation of Air Carrier Apron Areas, Drainage Improvements, Phase V, acquisition of runway sweeper, conducting planning study (Benefit/Cost Analysis to extend Runway 13/31) and rehabilitation of taxiway systems at Corpus Christi International Airport; amending FY2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $2,818.150; and Declaring an Emergency. C. Ordinance repeating Ordinance No. 026957, adopted on August 29, 2006, and Ordinance No. 027074, adopted on December 12, 2006, which appropriated a total of $451,950 from the unreserved fund balance in the Airport Operating Fund 4610 for professional services relating to improvements at the Corpus Christi International Airport and Declaring an Emergency. ISSUE: The Federal Aviation Administration has extended an offer to amend Grant 38 for the Corpus Christi International Airport's Capital Improvement Projects for a total amount not to exceed $9,356,300 over a two year period. The grant will fund various airport projects including runway, apron, drainage and taxiway improvements. In addition, funds are allocated for the purchase of a runway sweeper and a planning study on the benefit/cost to extend Runway 13/31 at Corpus Christi International Airport. The Grant is a multi -year grant with FY06 funding of $6,538,150 which was awarded and formally accepted by City Council on August 22, 2006. The balance of $2,818,150 is now awarded to CCIA for the FY07 Grant Year. The Airport will contribute a 5% match with Airport Capital Reserve funds. Funds were previously appropriated in the Airport Operating Fund 4610 for the Benefit Cost Analysis and the design for the West GA Apron Improvements and Drainage Phase V. The grant funds will allow for reimbursement of the funds used in the Airport Operating Fund, rescinding the appropriations made in August and December, 2006 of $451,950.00. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Staff recommends approval of'th! Resolution and Ordinance as presented. ADITIQOAL SUPPORT MATERIAL Exhibit A. Background Information Debra Keller Assistant Director of Aviation BACKGROUND INFORMATION ADDITIONAL INFORMATION:i The City has received an offer for FAA Grant # 3-48 -0051 -38 -2006 in the amount of $9,356,300 for the Rehabilitation of West GA Apron, Phase I, Rehabilitation of Air Carrier Apron Areas, Drainage Improvements, Phase V, acquisition of runway sweeper, conducting planning study (Benefit/Cost Analysis to extend Runway 13/31) and rehabilitation of taxiway systems at Corpus Christi International Airport. This is a mufti-year Grant of $9,356,300 of which $6,538,150 has been received and formally accepted during Federal FY 2006. The remaining $2,818,150 is Federal FY 2007 funcng. This grant is for 95% of the project(s) cost with the Airport's matching 5%. Acceptance of the grant by Resolution and appropriation of the grant proceeds is necessary to proceed with the project. PROJECTS DESCRIPTION: The grant will fund Runway 17/35 Improvements to include Shoulders, Lighting, and Blast Pads. The project will result in paving of the runway and includes new new 25 -foot asphalt shoulders, and new high intensity runway lighting. IIn a d tiondit will fund Airfield Drainage Improvements, Phase V to increase the drainage capacity of the Airport. CCIA Air Carrier Apron Improvements include upgrading apron with concrete. In addition, design work will be initiated for TaxiwayssB & E rehabilitation, and funding is included for a cost /benefit study for a proposed extension of Runway 13/31. Apron improvements for the West GA Apron and the purchase of a new runway sweeper are also included in the grant. FUNDING: Funding is available from the FAA Grant and Airport CIP Funds. PRIOR COUNCIL ACTIN: August 22, 2006 - Approval of Resolution 026930 and Ordinance 026931 accepting and appropriating $6,538,150 from Grant 38 August 29, 2006 - Ordinance Appropriating $376,950 from the unreserved fund balance in the Airport Operating Fund 4610 for professional services associated with engineering and design of the West GA apron and drainage improvements, Phase V at Corpus Christi Interrotional Airport; funds will be reimbursed upon Admirsstration Grant 38; amending FY 2006- 2007 Operating of geeteadoptvedtiby Ordinance no. 026908 to increase appropriations by $376,950; and declaring an emergency. December 12, 2006 - Ordinance Appropriating $75,000 from the unreserved fund balance in the Airport Operating Fund 4610 for professional services for a benefit / cost analyst to assess the feasibility of a possible extension of Runway 13/31 at Corpus Christi International Airport; funds will be reimbursed upon award of Federal Aviation Administration Grant 38; amending FY 2006 -2007 Ordinance no. 026908 to increase appropriations operating budget adopted by emergency ppropriations by $75,000; and declaring an US Department Of Transportation Federal Aviation Administration Southwest Region Fort Worth, TX 76193 -0600 Page 1 of 2 Pages Corpus Christi International Airport AMENDMENT NO. 02 TO GRANT AGREEMENT FOR PROJECT NO. 3 -48- 0051- 038 -2006 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA ") has determined it to be n the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the a 7nited States, and the, (hereinafter referred to as the "Sponsor "), accepted by said Sponsor on August 23, 2006 He amended as hereinafter provided. NOW THEREFORE, WITNESSETH: That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: REHABILITATE WEST GA APRON, PHASE I; REHABILITATE AIR CARRIER APRON AREAS; IMPROVE AIRPORT DRAINAGE, PHASE V; ACQUIRE RUNWAY SWEEPER; CONDUCT PLANNING STUDY (BENEFIT /COST ANALYSIS TO EXTEND RUNWAY 13/31); REHABILITATE RUNWAY 17/35; REHABILITATE TAXIWAY SYSTEMS N WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to be duly executed as of the _ day f , 20 F A Furor 5100 -38 (] 0 -69 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION J. cha el Nicely, Manager Texas Airport Development Office Attest: Title r SEAL; Page 2 of 2 Pages Project No. 3 -48- 0051- 038 -2006 Corpus Christi International Airport By: (Sponsor's Designated Official Representative) Title: CERTIFICATE OF SPONSOR'S ATTORNEY acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto. and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at FAA Form S100-38 (O-9) ASW ,irrn :C,0 -3 ;'?_q -. this day of , 20 (Signature of Sponsor's Attorney) A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 2 TO FEDERAL AVIATION ADMINISTRATION GRANT NO. 3- 48- 0051 -038 -2006 TO EXTEND THE SCOPE OF THE GRANT TO INCLUDE REHABILITATION OF WEST GA APRON, PHASE I, REHABILITATION OF AIR CARRIER APRON AREAS, DRAINAGE IMPROVEMENT, PHASE V, ACQUISITION OF RUNWAY SWEEPER, CONDUCTING PLANNING STUDY (BENEFIT /COST ANALYSIS TO EXTEND RUNWAY 13/31), AND REHABILITATION OF TAXIWAY SYSTEMS AT CORPUS CHRISTI INTERNATIONAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute Amendment No. 2 to Federal Aviation Administration Grant No. 3-48- 0051 - 038 -2006 to extend the scope of the grant to include Rehabilitation of West GA Apron, Phase I, Rehabilitation of Air Carrier Apron Areas. Drainage Improvements, Phase V, acquisition of Runway Sweeper, conducting Planning Study (benefit/cost analysis to extend runway 13/31), and Rehabilitation of Taxiway Systems at Corpus Christi International Airport ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: May 3, 2007 ,:. �1►f...� LILT 1� Wendy E. • . den Assistant City Attorney For City Attorney 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 AN ORDINANCE APPROPRIATING $2,818,150 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48- 0051 -38 -2006 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR THE REHABILITATION OF WEST GA APRON, PHASE I, REHABILITATION OF AIR CARRIER APRON AREAS, DRAINAGE IMPROVEMENTS, PHASE V, ACQUISITION OF RUNWAY SWEEPER, CONDUCTING PLANNING STUDY (BENEFIT /COST ANALYSIS TO EXTEND RUNWAY 13/31) AND REHABILITATION OF TAXIWAY SYSTEMS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING FY2006 -2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO INCREASE APPROPRIATIONS BY $2,818,150; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t That $2,818,150 is appropriated from the Federal Aviation Administration Grant No. 3 -48 -0051 -38 -2006 in the No. 3020 Airport Capital Improvement Fund for the Rehabilitation of West GA Apron, Phase I, Rehabilitation of Air Carrier Apron Areas, Drainage Improvements, Phase V, Acquisition of Runway Sweeper, Conducting Planning Study (benefit/cost analysis to extend Runway 13/31) and Rehabilitation of Taxiway Systems at Corpus Christi International Airport. SECTION 2. That FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 is amended by increasing appropriations by $2,818,150 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 8th day of May, 2007. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AT TO FORM: May 3. 2007 ih Wendy E. 0 : den Assistant City Attorney For City Attorney Corpus Christi, Texas day of 2007 fO 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, 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 Mark Scott AN ORDINANCE REPEALING ORDINANCE NO. 026957, ADOPTED ON AUGUST 29, 2006, AND ORDINANCE NO. 027074, ADOPTED ON DECEMBER 12, 2006, WHICH APPROPRIATED A TOTAL OF $451,950 FROM THE UNRESERVED FUND BALANCE IN THE AIRPORT OPERATING FUND 4610 FOR PROFESSIONAL SERVICES RELATING TO IMPROVEMENTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026957, adopted on August 29, 2006 and Ordinance No. 027074. adopted on December 12, 2006, which appropriated a total of $451,950 from the Unreserved F=und Balance in the Airport Operating Fund 4610 for professional services relating to improvements at the Corpus Christi International Airport are hereby repealed. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upor first reading as an emergency measure this the 8th day of May, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: May 3, 2007 $ Wendy E. Aden Assistant City Attorney For City Attorney 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, Council Members Respectfully, 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 Mark Scott 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 8, 2007 AGENDA ITEM: Ordinance amending the Code of Ordinances. City of Corpus Christi Chapterl 7 regarding hotel occupancy taxation; providing for penalties; providing for severance; and providing for publication. ISSUE: On July 28, 2005, the City of Corpus Christi entered into a consultant services agreement with MBIA MuniServices Company (now called MuniServices). Part of MuniServices' contract was to review and analyze the Citv's existing hotel occupancy taxation ordinance and make recommendations for improvements. If needed. As per the recommendations of MuniServices, certain sections of the ordinance have been updated. Additional wording has been added to Chapter 17, sections 17 -35 through 17 -42 to clarify the following: room occupancy definitions, registration, hotel occupancy tax collection, filing of reports, procedures to allow for provisions for the criminal prosecution for failure to pay, removal of interest charges on past due amounts, and increasing the penalty for nonpayment to 15 %. The effective date of the changes will be July !. 2007 U. REQUIRED COUNCIL ACTION: City Council approval of the amendment to the ordinance is requested. PREVIOUS COUNCIL ACTION: February 20, 2007 — Hotel Occupancy Tax Review Presentation to City Council by Muni Services October 1987 — Last revision to the hotel occupancy tax section of the Code of Ordinances CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the amendment to the ordinance as stated. Cindy O'Brien Director of Financial Services Attachments: Background Information Ordinance BACKGROUND INFORMATION On July 28, 2005. the City of Corpus Christi entered into a consultant services agreement with MBIA MuniServices Company- (now called MuniServices). This agreement was a one -year agreement, with two one -year renewals to provide ordinance, return, and administration review services; analysis and compliance review services; and field audit services. We are currently in the second year of this agreement. MuniServices has completed their review of our existing hotel occupancy taxation ordinance and are making recommendations for improvements in order to comply with State law, as well as be consistent with other Municipalities =icross the state, T'he City sent letters to each hotelier, notifying them of the proposed changes. A few suggestions were made which were incorporated into the revised ordinance presented today. The local hotel association was al so contacted and they voiced no concerns with the changes. A few of the hoteliers that are not part or the association voiced concerns regarding the amount of the increase in the penalty for nonpayment and also suggested that we issue a greater discount for paying on a time. The City currently charges a 5 °4o penalty for failure to file a report on time. State law allows for a 5% penalty, which is the percent being recommended as a change. Relating to the discount for timely payment of the tax, State law only allows a municipality to permit a 1% discount for timely payment of the hotel tax AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17 REGARDING HOTEL OCCUPANCY TAXATION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. SECTION 1. The City Code of Ordinances, Chapter 17, Article II Taxation, Sections 17 -35 through 17 -42, regarding collection of hotel occupancy taxes, is amended to read as follows: "Sec. 17 -35. Room occupancy tax -- Definitions. As used in sections 17 -36 through 17 -40, the following words, terms and phrases are defined as follows Consideration: The cost of the room in a hotel only if the room is one ordinarily used for sleeping, and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy Folio. Primary documentation produced by a hotel that demonstrates interaction between the lodging provider and the occupant, and which, at a minimum, reflects the name and address given by the occupant, the date(s) of occupancy, the amount of consideration charged for each date together with the amounts of applicable tax. Hotel: A building in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, or bed and breakfast. The term does not include: (1) A hospital, sanitarium, or nursing home; or (2) A dormitory or other housing facility owned or leased and operated by an institution of higher education or a private or independent institution of higher education as those terms are defined by Section 61.003, Education Code, used by the institution for the purpose of providing sleeping accommodations for persons engaged in an educational program or activity at the institution. Lodging Provider. Any person owning, operating., managing or controlling a hotel in the city, including, but not limited to, the owner or proprietor of such premises, lessee, sublessee, lender in possession, licensee or any other person operating such hotel and who is subiect to collecting and remitting the tax imposed upon guests. Monthly period: The regular calendar month of the year. 1 Occupancy: Shall mean the use or possession, or the right to the use or possession of any room !n a hotel if the room is one ordinarily used for sleeping and if the occupant's use, possession or right to use or possession extends for a period of Tess than thirty (30) days. Occupant or quest Anyone, who, for a consideration, uses, possesses, or has a right to use or possess any room or rooms of sleeping space or facility in a hotel under any lease. concession, permit. right of access, license, contract or agreement. Person: Any individual. company, corporation or association owning, operating, managing or controlling any hotel Tax assessor and collector The tax assessor and collector of this city. "Sec. 17 -36. Same —Levy of taxes; rates; registration; exceptions. (a) There is hereby imposed as authorized by and for the purposes provided in Chapter 351, Texas Tax Code, a tax of nine (9) per cent of the price paid for a room in a hotel on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to the use or possession of a room that is in a hotel, costs two dollars ($2.00) or more each day. and is ordinarily used for sleeping. (b) Every person engaging or about to engage in business as a lodging provider in the city shall immediately register with the finance director on a form provided by said official. Persons engaged in such business must so register not later than t in (30) days after the date that this ordinance becomes effective. Such registration shall set forth the name under which such person transacts business or intends to transact business, the location of his place(s) of business and such other information which would facilitate the administration of the tax as prescribed by the finance director. The registration shall be signed by the owner if a natural person in raise of ownership by an association or partnership, by a member or partner in case of ownership by a corporation, by an officer. The finance director shall, after such reslistration, issue without charge a certificate of authority to each lodging provider to collect the tax from the occupant. A separate registration shall be required for each place of business of a lodging provider. Each certificate shall state the name and location of the business to which it is applicable. c) to tax are as follows upon a permanent resident. Exceptions `' j No tax shall be collected from a quest after becoming a permanent resident. A 2 uest ecomes a * ermanent resident either after thirt 30 continuous da s' occupancy, or upon notifying the lodging provider in writing of his intention to occupy a quest room for longer than thirty (30) continuous days and then proceeding to actually occupy the guest room for such period. A guest who would express intent, but fails to stay thirty (30) continuous days, is not a permanent resident and is not excepted from the tax. However, a quest who expresses intent and does stay is excepted from the tax as of the date he notified the lodging provider of his intention. A lodging provider may levy the tax for the first thirty (30) days and refund tax if guest meets the criteria for a permanent resident. (2) No tax shall be collected from the U.S. federal government nor an officer or employee of said government when traveling on government business and presenting official identification, j3 No tax shall be collected from the following Texas quasi - governmental entities, nor an officer or employee of any thereof when traveling on business and presenting official identification: public facility corporations, housing authorities, housing finance corporations, and health facilities development corporations. (4) No tax shall be collected from electric cooperatives formed under Chapter 161 of the Texas Utilities Code, nor telephone cooperatives formed under Chapter 162, nor an officer or employee of either thereof when traveling on business and presenting official identification. (5 Generally, employees of State governmental agencies must pay the tax; however, no tax shall be collected from a State of Texas officer or employee when presenting a photo identification card verifying the identity and exempt status. (6) No tax shall be collected from a foreign diplomat when presenting a tax exemption card issued by the United States Department of State. "Sec. 17 -37. Same -- Collection. jai Every - - - - - - - - - - - - - - - I lodging provider shall collect the tax imposed in section 17 -36 hereof for the city. The lodging provider shall provide a receipt to each guest, which receipt shall reflect both the amount of consideration and the amounts of this and other tax applicable. In lieu of a receipt for a room that is prepaid through a third party booking entity, the lodging provider shall include in its monthly report the amount of consideration actually received and applicable tax due. All tax shall be due from the guest, and shall be collected by the lodceinq provider at the same time that the consideration is collected. The lodging provider shall be liable for any amount of tax that he fails to collect appropriately and must remit to the city any amount of tax collected in excess of that which should have been collected. (b) Lodging provider selling or quitting business. If any lodging provider liable for any 3 amount under this ordinance sells his business or quits his business, he shall make a final return and remittance of taxes due within fifteen (15) days after the date of selling or quitting the business. (c) Duty of successors or assignees of lodging provider to withhold tax from purchase money. If any lodginq provider liable for any amount of tax, interest or penalty under this ordinance sells out his business or quits the business, his successors or assigns shall withhold sufficiently from the purchase price to cover such amount until the former owner produces from the finance director either a receipt reflecting full payment or a certificate stating that no amount is due. (d) Liability for failure to withhold. If the purchaser of a business fails to withhold from the purchase price as required, he shall be personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price. (e) Credit for tax or penalty overpaid. If the lodginq provider or person determines that he has overpaid hotel tax or penalty to the City, such person shall have four (4) years from the date of payment to file a claim in writing stating_ the specific ground upon which the claim is founded. The claimant may request a hearing before the City Manager or designee at which the claim and any other information available will be considered. The City Manager or designee shall approve or disapprove the claim, and notify the claimant of his action. "Sec, 17 -38. Same -- Reports. On or before the last day of the month following each monthly period, every person required in section 17 -37 hereof to collect the tax imposed herein shall file a report with the finance department showing the consideration paid for all room or sleeping space occupancies in the preceding month, the amount of tax collected on such occupancies, number of room nights available during the reporting period, number of room nights Tented occupied during the reporting period, and any other information as the finance department may reasonably require, which report shall be in writing. Such persons shall pay the tax due on such occupancies at the time of filing of such report, provided that a one per cent discount may be retained for payment within the made before the due date. Reports must be postmarked or received by the last day of the month following the reporting period to be timely. "Sec, 17 -39. Same--Procedures, (a) The finance department shall adopt procedures, rules, and regulations as are reasonably necessary to effectively collect the tax levied herein, and shall upon request of any person owning, operating, managing, or controlling any hotel furnish a copy of such procedures, rules, and regulations for the guidance of such person and facilitate the collection of such tax as a collection is required herein. Such procedures. rules, and regulations shall be in writing and a copy thereof shall be placed on file with the city secretary. 4 (b) Records required from lodging providers. Every lodging_ provider offering guest rooms in the city shall preserve, for a minimum of four (4) years, all folios, receipts, itemized statements from third party booking entities, certificates of exemption and such other documents as the finance director may prescribe, and in such form as he or she may require. Said records shall at all times be available for examination within the city. (c) Examination of records, audits. The finance director or any person authorized in writing by her or him may examine the books, papers, records, financial reports, equipment and other facilities of any lodging provider offering quest rooms and any lodging provider liable for the tax, in order to verify the accuracy of any return made, or if no return is made by the lodging provider, to ascertain and determine the amount required to be paid. Such examination shall be conducted at the place �f lodging provision, unless the finance director shall authorize another place within the city In the event that the tax has been delinquent for at least (2) complete fiscal quarters, the reasonable cost of the examination may be assessed against the lodging provider. d) Authority to require reports, contents. In administration of the provisions of this ordinance, the finance director may require the filing of reports by any person or class of persons having in their possession or custody information relating to the quest rooms which are subject to the tax. The reports shall be filed with the finance director when required by said official, and shall set forth the consideration for each occupancy, the date(s) of occupancy, the basis for exemption, or such other information as the finance director may prescribe. "Sec. 17-40. Same -- Penalties. fa-} If the person who is required to pay the tax imposed by sections 17 -35 through 17 -39 fails to collect such tax, file a report, or does not pay the tax when it is due, the person shall pay to the city a penalty of five-(6.} fifteen (15) per cent of the amount due. "Sec. 17-41. Same- Interest. Reserved. 5 "Sec. 17-42. Same -- Criminal penalty. (a) A person commits an offense if the person fails to file a report with the finance department collect a tax for the city, or pay a tax to the finance department as the person is required to do by sections 17 -35 through 17 -39, or fails to follow any procedure, rule, or regulation promulgated by authority of section 17 -39. (b An offense under this section is a misdemeanor punishable by fine as provided in section 1 -6 of the Corpus Christi City Code." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase. word or provision of this ordinance be given full force and effect for its purpose SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense cunishable as provided in Section 1 -6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This Ordinance takes effect on July 1, 2007. 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2007, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of 2007, by the following vote: Hen ry Garrett y Bill Kell 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 Lisa Aguilar Assistant City Attorney for City Attomey CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Second Quarter Report of the Health Benefit/Risk Management Fund STAFF PRESENTER(S): dame Title /Position Department 1. Cynthia C. Garcia Director of Human Resources Human Resources 2. 3 OUTSIDE PRESENTER(S): Name Title /Position Organization ISSUE: Because of the unpredictability and fluctuation of the activity in Health Insurance, Workers Compensation. and General Liability, the Council has asked for quarterly presentations of incurred costs, and amounts paid in the Health Benefits/ Risk Management Fund BACKGROUND: Staff has been making quarterly presentations to the Council for a number of years so that the Council can make adjustments to the Budget as needed and informed decisions regarding insurance premiums. REQUIRED COUNCIL ACTION: None Cynthia C. Garcia ATTACHMENTS: Quarterly Report Power Point Slides City of 14 Corpus — = Christi Department of Human Resources Risk Management Fund Report for 2 "d Quarter - 2007 Period Ending January 31 TABLE OF CONTENTS Health Benefits 1 Workers Compensation 5 4 -renerai dabilit es .12 Health Benefits Graphs E:1 -1 and 1 -2 below provide the claims count and dollars paid for each of the City's health plans for Fiscal ""ears 2004, 2005, 2006 and 2007 through January. The data itself is provided in Tables 1-1 -1 and H -2 following each graph. The claims count from FY06 2' Quarter lL, FY 07 2" Quarter has increased b} .99 %, from 35,324 to 35,675. However, medical claims cost from 2' Quarter FY06 to l- YOY' have decreased by 3.854 %, from $9.33M to $9.20M, a reduction in cost ct 1.41;; # of Claims Number of Claims Filed by Plan 9000 - 8000 -I 7000 • 6000! 5000 -+ 4000 it 3700 2000 :,00 0 Aug 04 N ', 04 eb 05 3ay'05 Aug '05 Nov 05 Feb 06 May '06 Aug. 06 -Basic --f- Citicare - -Fire -- -- Police -- DBV --•- -Total -Trend Graph 11-1 Nov '06 Table H -1 1 Year- Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Total 1 Citicare FY04 2,693 4.363 4,112 3,326 2,930 3,197 3,635 3,817 3,606 3,705 3,517 3,694 42,595 FY05 2,699 4,839 4,0'5 3,636 3,682 3,719 3,837 4,398 3,919 4,197 4,021 3,562 46,584 FY06 2,114 5,156 3,821 3,747 3,706 3,822 3,907 4,351 3,839 4,404 4,181 3,600 46,648 FY07 2,115 5 -671 3,806 3,495 4,052 2,748 - 21,887 Citicare Fire FY04 694 959 901 '36 739 759 948 844 844 974 808 737 9,943 FY05 659 1.101 959 901 932 906 808 1,002 841 1,028 1,051 909 11,097 FY06 1,015 867 907 1,066 1,070 1,080 1,067 1,113 966 1,047 1,117 1,028 12,343 FY07 1,001 959 1,012 952 1,102 868 - - 5,894 :Citicare PD FY04 786 1.164 1,086 937 1,024 996 1,103 1,207 1,024 927 940 900 12,094 FY05 688 1.294 1,2'3 1,115 1,054 1,091 1,050 1,196 1,015 1,027 1,138 964 12,905 FY06 ' 528 1.429 1,114 962 960 1,093 1,037 1,276 976 1,168 1,172 959 12,674 FY07 ;,101 1 133 1.218 1,195 1.214 1,063 - 6,924 ■Citicare Bas is FY04 40 116 "0 74 57 78 122 78 127 94 103 95 1,054 FY05 116 98 121 81 136 116 131 138 117 153 142 118 1,467 FY06 84 253 158 11" 139 , 116 165 133 194 126 153 112 1,750 FY07 44 187 163 194 202 180 - - 970 Total FY04 4,213 5.602 6,169 5.073 4,750 5,030 5,808 5,946 5,601 5,700 5,368 - 5,426 65,686 FY05 4,162 7.332 I 6,428 5 733 5,804 , 5,832 5,826 6,734 5,892 6,405 6,352 5,553 72,053 FY06 3,741 i . 7 705 6,000 5,892 5,875 6,111 6,176 6,873 5,975 6,745 6,623 5,699 73,415 FY07, - 4 261 " )50 5.194 5 836 6,570. 4,859 35,675 Table H -1 1 111 530,000 $2,C00,000 $ 500,000 5 3 Dollars Paid by Plan Including Prescriptions ' C00,000 5,500,000 5- Aug 04 No \■ 04 Feb 25 May '05 Aug '05 Nov. '05 Feb '06 May '06 Aug. 06 Nov '06 -4--- Basic --8F- Citicare Fire Police —w—D&V Total --Trend Graph H-2 Dollars Paid (In Thousands) ,..—..— Year Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Total 1Citicare FY04 947 733 617 464 579 447 519 676 583 662 610 612 7,448 FY05 611 712 669 591 656 645 663 838 1,154 710 910 806 8,965 FY06 529 I ,040 833 873 1,074 691 819 1,312 1,130 962 863 768 10,894 FY07 568 1,138 787 664 729 570 - - 4,456 i C.'iticare F I re FY04 122 120 95 92 82 88 112 89 120 165 109 89 1,281 'i.. FY05 122 132 157 108 154 113 95 156 172 177 201 167 1,754 FY06 197 142 267 220 235 256 376 216 165 166 223 256 2,719 FY07 144 230 187 184 299 155 - 1,199 Lcitcare PD FY04 I 294 174 148 160 174 182 194 289 163 287 247 215 2,526 F YO5 101 271 230 163 153 220 222 198 186 178 224 191 2,337 FY06 127 187 261 218 157 233 208 260 237 247 196 188 2,519 FY07 338 243 202 235 289 283 1,590 -Citicare Basic FY04 1.541 19 836 12.146 11 960 3.697 9.056 10.750 5.409 9.739 10.890 11.243 7.423 114 FY05 6.149 9.158 11.931 9,353 11.760 14.383 16.618 10.890 10.812 20.474 21.644 17.223 160 FY06 7.558 28.840 29.-63 20.133 26.182 18.902 20.508 12.794 14.961 31.107 24.753 13.506 249 FY07 11.481 22.392 14.028 2 ! 172 27 923 34.052 0.000 0.000 0.000 0.000 0.000 0.000 131 !.?1armac FY04 267 201 216 205 223 244 220 247 234 234 224 241 2,755 FY05 243 251 247 231 271 264 247 283 267 243 276 286 3,109 FY06 271 261 256 288 281 302 285 327 301 297 303 296 3,468 FY07 325 298 282 286 303 329 - 1,823 , atm FY04 1,631 1248 1,088 933 1,061 970 1,055 1,305 1,109 1,359 1,202 1,163 14,124 FY05 1,083 1,175 1,315 1.102 1,246 1,256 1,244 1,486 1,790 1,328 1,633 1,467 16,325 FY06 1,132 1,659 1,64' 1.619 1,773 1,501 1,709 2,128 1,848 1,703 1,610 1,522 19,849 FY07 !,386 1,931 1,477 1 390 1,648 1.371 - - 9,199 Table 11-2 2 tah�e f shown next. provides information regarding the change in claims filed and dollars paid fez- each of the three major health plans " Citicare, Fire and Police), Citicare Basic and Pharmac \ claims trr'rn the- first six months of Fiscal Year 2006 to the same period in Fiscal 2007. t-- 2nd Quarter Comparison Claims % Change Dollars % Change Count Paid Citicare FY06 22,366 $ 5,040,633 FY07 . 21,887 -2.14% 4,457,257 - 11.57% Citicare Fire FY06 6,005 1,317,319 FY07 5,894 -1.85% 1,1 98,801 -9.00% Citicare PD FY06 6,086 1,183,407 FY07 6,924 13.77% 1,590,039 34.36% Citicare Basic FY06 867 131,379 FY07 970 11.88% 131,047 -0.25% Pharmacy FY06 38,853 1,658,803 i____ FY07 39,980 2.90% 1,823,134 9.91% Table H -3 Graph H -3, shown next. compares the average cost per member (employee, retiree or Cobra participant) for each of the health plans during the first half of the year for Fiscal Years 2006 and 200'. fable H -4 provides the data charted in Graph H -3 split out between both medical and pharmacy- claims. FinaTh,,. Graph H -4 shows the average cost per claim in total for each of the past three fiscal years as .ell as Fiscal Year 2007 to -date. The overall average cost per claim for all plans during the ' S` 6- months o- FY(16 compared to the same period in FY07 has increased by 1 0,, This increase can be contributed to the cost per member for Police that increased by 2f� 6Yo from $483 13 per member t ; S61 F .32 per member. t `omparison of Average Cost Per Member* 2nd Quarter Cumulative Average Monthly Claims Cost Per Member FY06 Period Ended January 31 °lice S483': Average Monthly Claims Cost Per Member FY07 Period Ended January 31 Citicare, 539718 Fire. 5568.02/ Fbhce, 9616.32 '"Member" includes .Active and Retired employees, and Cobra participants. (Member count based on TPA fees paid.) Graph H -3 3 Citicare Fire Police Medicai FY06 $ 363 87 FY07 $ 332.33 350 300 250 ,, 200 150 100 Avg per Pharmacy Member '; Medicai Pharmacy $ 5783 x2'701$ 461.25'$ 153.71 $ 64.85;: 397.18i$ 416.j11$ 151.91 Avg per Member $ 614.95 $ 568.02 Medical $ 353.73 $ 480.08 Pharmacy, $ 129.40 $ 136.23 An per Member $ 483.13 $ 616.32 Table H -4 Cost Per Claim (Medical Only) Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul -u- FY03 - }- FY04 - FY05 - -- FY06 -+- FY07 Graph H -4 4 Workers' Compensation General Information Table WC -1 below gives ummar\ claims data for the Workers' Compensation self - insurance for the second quarter :it each year since Fiscal Year 2004. WORKERS' COMPENSATION 5 -YEAR NEW CLAIMS HISTORY Fiscal Year Basis - Period Ended January 31) Year FY03 FY04 FY05 FY06 FY07 Total number of Claims 512 511 480 503 425 Total Incurred 5 1,171,712 $ 1,139,845 $ 565,031 $ 707,974 $ 884,029 Total Paid 5 412,443 $ 361,314 $ 276,772 $ 282,189 $ 304,928 °/G of Total Incurred Paid Out 35% 32% 49% 40% 34% Number of Claims Paid > $1.00 286 341 321 265 323 Number of Indemnity Cases Paid On 50 67 39 36 53 Number of MO Cases Paid On 236 274 282 229 270 Number of Claims Not Paid On 226 170 159 238 102 % Indemnity Cases of Paid -on Cases 17.48% 19.65% 12.15% 13.58% 16.41% Number of CCFD Claims --f_ 73 72 65 64 71 Number of CCPD Claims 132 161 123 131 115 able WC -1 graph WC-1 and table WC -; provide claims count data by department. Six of the ten departments listed had a substantia> decrease in claims based on FY06 claims count. Overall, the City s Workers' C ompensation claims count was down from 503 to 425 comparing the first 6- months it each year rTowever Solid Waste Wastewater, Water, Parks, Storm Water and Streets all revealed a decrease in Workers' Compensation claims filed during the second quarter 600 500 .. 400 c '0 300 200 100 - 0 Year to Date Claims Count Comparison (Period Ended January 31) FY05 FY06 2nd Quarter FY07 • Water ■ Street ❑ Storm Water • Parks D Wastewater DGas D Solid Waste Services • Fire ■ All Other ❑ Police Graph WC -1 5 Cumulative 2nd Quarter Comparison - Claims Counts FY05 FY06 FY07 De.artment Count Count Count _ Police 123 131 115 All Other 102 77 91 Fire 65 64 71 Solid Waste Services 58 74 59 Gas 20 20 27 Wastewater 33 32 20 Water 22 31 19 Parks 42 40 13 Storm Water 0 22 7 Street 15 12 3 Total 480 503 425 Table WC-2 Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the end of the second quarter for each of the previous two years and Fiscal Year 2007. Thus far this y ear, incurred costs are 's'6.5% higher than they were for Fiscal Years 2005 and 24.9% higher than Fiscal Year 2006 1,000,000.00 900,000.00 800,000.00 700,000.00 600,000.00 (13 ▪ 500,000.00 0 400,000.00 300,000.00 200,000.00 - 100,000.00 - 0.00 Year to Date Incurred Cost Comparison (Period Ended January 31) FY05 FY06 2nd Quarter FY07 • Parks • Streets O Storm Water • Water o Wastewater • Gas O Solid Waste Services O Fire • All Other O Police Graph WC-2 6 Cumulative 2nd Quarter Comparison - Incurred Costs Desartment Incurred Incurred Incurred All Other 91,587.67 77,632.07 201,962.82 Solid Waste Services 90,671.74 200,863.26 199,335.54 Police 138,395.22 191,402.53 189,860.51 Fire 31,716.42 70,201.62 83,702.56 Wastewater 58,721.43 38,326.23 72,582.23 Parks 93,057.92 41,476.09 62,360.51 Gas 15,708.37 29,895.96 34,491.54 12,828.86 37,091.72 21,232.06 (SWater torm Water 0.00 3,550.32 16,981.17 Street Total 32,343.79 17,534.50 1,519.59 $565,031.42 $707,974.30 $ 884,028.53 Table WC -3 Graphs WC -3 and WC -4 below compare incurred costs to paid costs. The level of dollars paid out, as reflected in Graph WC 3 is reflective of the time - sensitive nature of Workers' Compensation claims. The incurred cost is an estimation of the total expenses and benefits to be paid out c >n claims Hlo\`ever, benefit costs (impairment income and temporary income) are distributes over time whereas mr ;st medical and administrative expenses are paid relatively quickly $1 400,000 $1 200,000 us $1.000,000 $800,000 O $600,000 $400,000 $200,000 $- Incurred Costs vs Paid Costs €. '03 v04 FY05 FY06 Fiscal Year - Period Ended January 31 o Tota Incurred • Total Paid FY07 Graph WC -3 7 0 500 4'00 300 200 100 H Y03 Y04 FY05 FY06 FY07 • Number of Claims Not Paid On ❑ Number of Indemnity Cases Paid On o Number of MO Cases Paid On Graph WC -4 Incurred Cost and Claims Maturation Graphs WC -3 and WC -4, shown aboxe, represent dollars paid during the first half of each year for claims filed during the first half of each year. However, since many claims are not closed immediately, at any given time the City will be paying for claims filed in prior years. Graph WC -5 below reports the amount of money paid out during the first two quarters of Fiscal Year 2007 for claims which were filed in previous years. As might be expected, the largest expense is attributed to claims filed in the immediate previous year. Dollars Paid $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Dollars Paid in Current Year for Prior Years' Claims 185 121 - $99 77 $6,387 $3,819 s ,T $19,347 $97,747 $622,492 prior to FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 Fv2001 Year of Claim Graph WC -5 8 Type of Accident Graph WC -6 shown next provides claims count data by the type of accident occurring during the first six months of each the recent fiscal years, The number of accidents due to falls and slips Cr clue to strains voontinues to be fairly ,onsisten. from year to year and these are two of the main types accidents the employees ncur Year -to -Date Claim Count by Type of Accident (Period Ended January 31) FY03 =Y04 FY05 FY06 FY07 Accilent Type All Other Animal /Insect Bite Burns/scalds Caught Between Cuts/Scrapes FaIIsISiips Foreign body in eye Motor vehicles Pollee apprehension Stra /Injury by Strildng apinst/stepping on Graph WC -6 O Striking against/stepping on ❑ Police apprehension • Foreign body in eye • Animal/Insect Bite Strain/Injury by O Struck/injured by • Motor vehicles O All Other • Falls /Slips 0 Cuts /Scrapes ❑ Caught Between O Bums /scalds ACCIDENT TYPES BY QUARTER PERIOD ENDED JANUARY 31 Struek/injured y FY03 90 24 13 FY04 FY05 FY06 FY07 78 78 98 117 42 30 36 0 7 45 55 15 25 • 0 159 21 58 512 7 8 6 16 37 39 74 75 12 13 28 26 0 0 13 9 8 13 49 38 76 63 14 11 21 19 0 125 122 17 14 85 59 511 480 137 94 13 13 38 48 503 425 Table WC -4 9 TyPC of Injury Graph WC -7 (Table Vv( -5) shown next gives claims counts by type of injury. Consistently, strains are the most common tvr?e injury sustained year to year. Sprains, lacerations and .�ntus:.ons are other freq tent injury types. 600 - 500 t 400 0 300 200 t- 100 -H- 0 FY03 Year -to -date Claims Count by Type of Injury (Period Ended January 31) FY04 FY05 FY06 FY07 Graph WC -7 ❑ Glasses /contacts /artifical appliance ❑ Multiple Physical Injuries ❑ Inflamation • Strain • Sprain Puncture ❑ Laceration ❑ Foreign body Workers' Compensation Injury Code Report Period Ended January 31 Typo of Injury FY03 FY04 FY05 FY06 FY07 To Change All other trauma 146 169 159 139 136 -2.16% 'Strain 166 110 120 133 94 - 29.32% Contusion (bruise) 54 85 53 53 60 13.21% Laceration 40 33 44 45 48 6.67% Sprain 43 47 46 51 36 -29.41% Puncture 26 31 32 27 21 - 22.22% Foreign body 15 12 13 15 12 - 20.00% inflarnation 9 17 6 8 11 37.50% Multiple Physical Injuries 0 0 0 15 3 - 80.00% Burn 13 7 7 6 3 - 50.00% Glassesicontactsiartifical appliance 0 0 0 11 1 - 90.91% 512 511 480 503 425 Table WC -5 10 Severity Report During the first six months of F [scat Y ear 2007. one workers compensation claim was filed which reached the severny threshold f S50.000 incurred. This injury is attributed to a Parks & Recreation employee SEVERITY REPORT (CASES IN EXCESS OF $50,000 INCURRED COST) Number of Cases Period Ended January 31 FY03 FY04 FY05 FY06 FY07 0 2 1 Responsible Wastewater Department(s) Fire, Police Police n/a Solid Waste/Police Park & Rec Iota' Incurred $ 245 -11.08 $291,943.00 $139,729.85 $59,574.16 incurred per Claim 8i,703 145.971.50 \mount Pala 68,862.3' 8.94112 Reserve RemainiRL 176,648.71 273,001.88 69,864.93 59,574.16 51,221.99 15,808.13 88,507.86 43,766.03 Table WC-6 11 GENERAL LIABILITIES Gelllfral *formation The General Liability data base Incorporates three different types of "claims." The bulk of the data is attributed to claims alleging damages by City employees or as a result of City activities. Fhe second type of data regards litigation filed either against the City or on behalf of the City. Finall \, the City maintains within the General Liabilities data base information on Collectibles, that is claims where another party has damaged City property. Collectibles information is not ;resented in this report. 'Traph CTL -1 and Table (iL -1 provide information on the types of claims filed under the City's self- insured General Liability co\ erage for the first half of each of the current and past four fiscal ,ears. Claims involving damage to vehicles remain the single most common type of claim filed :gains` the City These types 01 claims include not only vehicle accidents, but other situations >uLh a4 vhen a vehicle ,- damaged by falling objects, by potholes or by freshly laid tar. Property damage. the next most frequent >vpe ;:'f liability claim, is usually general property damage, and iti lity liable damage. The number of claims tiled against the City for the first two quarters of Fiscal Year 2007 continues to make improvements over previous years. The number of claims filled during the first half of FY2007 was 1.2% higher than the same period in FY06 compared to 9.8% higher during the 2 "d Quarter of FYO5 and 26.5% higher during FY04. Types of Claims - Period Ended January 31, 2007 2003 2004 2005 Fiscal Year 2006 2007 �p Policies/Practices/Contract ■ Venicle Damage ❑ Employment - related Police- related ❑ Fire Department - related ❑ Water/Waste damage - related L• Property Damage - related • Personal Injury - related 3All Other 12 Vehicle Damage Property Damage - related WaterlWaste damage - related Police-related Personal Injury - related Ail Other PoliciesiPracticesiContract Employment- related Fire Department- related Total Graph GL -1 CITY OF CORPUS CHRISTI GENERAL LIABILITY CLAIMS TYPES As of January 31 of Each Year 2003 2004 223 219 162 149 50 34 16 22 22 17 5 10 7 8 2005 2006 2007 197 179 176 96 96 109 29 28 21 19 10 6 16 16 15 0 2 487 461 10 8 0 1 376 7 5 4 4 3 0 0 343 339 Table GL -1 ClaiWns by Department Graph GL -2 charts the c aims count for the first half of each fiscal year for various departments within the City. Table GL-2 provides the same information in tabular form. Claims against the Gas, Water and Parks & Maintenance departments show a significant improvement over claims tiled during the same period last year. Claims against the Streets department have increased, h )wee er Liability Claims Count by Department Period Ended January 31, 2007 60( Y20033 =Y2004 FY2005 FY2006 FY2007 G Fire • Gas 0 Park Maintenance • Police • Sanitation ❑ Storm Water 0 Streets • Wastewater 0 Water 0 All Others Graph GL -2 13 GENERAL LIABILITY CLAIMS COUNT BY DEPARTMENT Period Ended January 31 Department Police Streets All Other Gas Water Wastewater Sanitation Fire Storm Water Park Maintenance Total FY2003 FY2004 FY2005 80 98 71 81 43 64 62 60 75 FY2006 FY2007 69 73 33 53 55 54 34 48 39 26 18 68 44 62 31 41 50 29 31 37 45 52 ! 39 17 22 26 21 13 15 487 461 41 22 29 24 7 15 376 17 15 22 16 12 7 343 339 Table GL -2 Graph GL -3, shown next, provides the incurred cost by department for claims filed during the first two quarters of each year. The largest claims costs filed during the 1st quarter of Fiscal Year 2006 were for vehicle accidents, of which two were within the Police department ($74,185 and $15,000 incurred) and one involved Neighborhood Services ($40,400 incurred). During the second quarter 2006, a large claim was filed against the Engineering department ($62,000, incurred) The second quarter of 2007. Police & Wastewater both have claims with incurred cost totaling over $120K Incurred Cost 5500,000 -- 5450.000 - 5400.000 5350,000 -- 5300, 000 5250,000 5200,000 5150.000 5100,000 -- Incurred Costs by Department Claims Filed, Period Ended January 31 550,000 5- El Fire t Water 0 Storm Water FY2003 FY2004 • Police • Gas D All Others FY2005 FY2006 FY2007 ■ Sanitation G Streets • Wastewater 0 Park Maintenance Graph GL -3 14 GENERAL LIABILITY INCURRED COSTS BY DEPARTMENT Period Ended January 31 Department FY2003 FY2004 FY2005 Police $ 206,055 $ 95,342 1 $ 10,951 Streets 18,801 4,261 10,126 Ail Other 63,280 52,077 98,019 iGas 16.717 12,742 6,150 Water 26,042 9,768 18,082 Wastewater 52,238 13,292 24,591 Sanitation 46.958 16,887 7.770 Pire 6,459 1,783 6,596 Storm Water 22,360 6,801 305 Park Maintenance 1,669 1,471 20,015 Total $ 460.57- S 214 424 ! $ 202,604 Table GL -3 FY2006 $ 163,011 9,857 1,403,233 9,526 19,191 4,912 43,127 3,642 3,550 3,175 $ 1,663,224 FY2007 $ 128,440 15,773 56,337 3,699 20,959 122,855 23,333 4,867 2,476 483 $ 379,223 Dollars paid out by department are included in Graph and Table GL -4. Although Fire, Sanitation. Streets and Wastewater claims cost are up. All other departments have a substantial decrease_ giving an overall deduction of 51% from 2nd Quarter FY06 to 2nd Quarter FY07. General Liabilities Dollars Paid Period Ended January 31, 2007 S250 T. FY200? FV2004 FY2005 FY2006 FY2007 ,.ire • Gas 0 Park Maintenance • Police 0 Sanitation 0 Storm Water • Streets 0 Wastewater 0 Water •AII Other Graph GL -4 15 Department FISCAL YEAR LIABILITY CLAIMS PAID COS BY DEPARTMENT Period Ended January 31 TS FY2003 FY2004 FY2005 Fire - $ 6,413 ---h $ 1,494 $ 1,296 Gas 15,489 . 137 5,400 Park Maintenance 669 1,271 9,336 Police 133,724 34,331 5,063 Sanitation 15;656 12,069 6,917 Storm Water 15,619 4,137 305 Streets 5.341 3,761 9,364 Wastewater 6,839 9,644 23,797 Water 17 3763 271 16,200 Al Other 7 115 8,303 37,220 Total $ 224,24" ' $ 75,418 $ 114,897 FY2006 FY2007 409 $ 3,168 9,076 3,699 2,720 483 68,246 34,089 22,942 23,333 2,980 2,476 4,119 4,230 4,063 6,555 16,934 7,034 48,904 29,617 Table GL -4 $ 180,394 $ 114,686 Effect of Claims Maturation Graph GL -5 charts the amount of money paid during the first half of Fiscal 2007 for claims filed in previous years. $450,000 - $400,000 - $350,000 5300,000 w $250,000 -- m a 5200,000 Dollars Paid in Current Year for Previous Years' Claims (As of January 31, 2007) FY91 • F"02 Fire • Sanitation ❑ Wate FY03 • Gas ❑ Storm Water 0 All Other FY2004 FY05 FY06 Park Maintenance • Police ❑ Streets • Wastewater Graph GL -6 16 City Vehicle Accidents Table GL -5 documents the number of accidents by city vehicles from month to month for Fiscal Year 2006 and 2007 '`Preventable Accidents" are defined as those events in which the driver fails to do everything reasonable tc avoid or prevent the accident. __ Mopth August September October November December 19 lanuary fi— 18 Februar∎ 14 .'March 26 20 June L_ity CITY VEHICLE ACCIDENTS Fiscal Year 2006 Fiscal Year 2007 Number Number of of Accidents NCI's* Number Number Number of of of Preventables I Accidents NCI's* 29 -+ 12 15 9 13 8 12 14 12 8 4 25 21 25 27 21 18 2 1 Number of Preventables 10 11 5 10 4 8 0 13 7 23 281 14 °"NC!" = Non - classifiable Inc dent 128 137 12 59 Table GL-5 17 Risk Management Fund Report to City Council 2nd Quarter - Fiscal Year 2007 Presented May 8, 2007 Medical Claims Performance Number of Claims Filed by Plan "Or , ! ,,_,„._;,.......-....n 5000 %s•-•,-----4---.-4!-.-d---4.--- ! i %KO , K. ,•' 3 , , •6 I 7 • , ,,,, , , , I r I ; . _", •-, ' 1010 , • ' re-reY. . ..., 41 L.,-...--■ . • ,'i. ...• . Moo Feo 00 No. 03 Feo Remy 04 Aug 04 No, 14 Fob 05 Melo 05 449 01 Nov 05 F.E. '06 Mee 16 Aug 06 FlOeic Cele:ere Fire Poin DIN -4.- Total 2^d QTR FY07 Claims Count , (Compared to 2. Qtr FY06) Citicare 2.14% Citicare Fire 1.85% Citicare PD I 13.77% Citicare Basic 11.8% Pharmacy t 2.9% 1 Medical Claims Performance Dollars Paid by Plan Including Prescriptions 52 .4 100 1 1r10 • • 42404 13 Fab 1:01 Ma0 04 Aug; .14 aka Feb May 40q605 044 4a3 May Aug 36 04 45 05 15 36 16 rit 041.c. -0— 340 2" Qtr FY07 Total Medical Claims Expenses (CoMpared to 2. Qtr FY05) •Citicare 11.57% • Citicare Fire j 9.0% • Citicare PD t 34.36% • Citicare Basic j -.025% • Pharmacy t9.91% Cost Per Claim Performance :;ost Per Claim (Medical Only) Aug Sem Oct Nov O. _an Feb Mar Aor May Jun Jul 36-V03 FY04 3,05 FY05 -e- FY07., Total Cost Per Medical Only Claims (All Plans) (Compared to 2'. Qtr FY05) Nov 06 16.30% Dec 06 19.47% Jan 07 9.33% 2 Cost per Member Performance Companson of Average Cost Per Member' 2nd Quarter Cumulative mnee 111.1ftly °VW Ps Mod 6.• •nuary •Citicare 1 5.81% 'Fire .L 7.63% •Police 27.57% ;Pharmacy Medical costs) ;Compared to 2nd Otr FY08) Afl blewely Mem Ceel he eon.. Faro emlog J■nu.11,, —Mara " Includes Aeboo fld Rein.d ereplOyeee, and Cobra partlorpanta. larbobbor <robot boxer on TPA too. NW.) Workers Comp Performance 500 500 400 300 200 1- 100 --- 0 - Total claims count 1 18% •Police 14% •Fire T 10% •Solid Waste 1 25% •Water 163% •Gas - 26% •Wastewater 60% Year to Date Claims Count Comparison (Period Ended 4anuary 31) V05 FY06 FY07 2nd Quarter 5 Water • Street o Storm Water • Parks Wassarivater Ga 0 Solid Waste Services • Fire • All Other 0 Police 3 Workers Comp Costs Performance 000,000.00 900,000.00 800,000.00 700,000.00 - E 600,000.00 500,000.00 - 0 400,000.00 - 300,000.00 0- - 200,000.00 -I- - 100,000.00 .1--- 0.00 - Year to Date incurred Cost Comparison (Period Ended January 31) FY05 FY06 nd Quarter FY07 Total incurred costst 20% •Wastewater 47% •Fire T 16% •SOlid Waste 1.1% •Parks 33% •Police 1. 1% •Water 75% , • Parks • Streets - 10 Storm Water . • Water ---- 0 Wastewater • Gas — 0 Solid Waste Services o Fire — • AP Other 0 Police Workers Comp Paid on Prior Year Claims Dollars Paid 5700 J00 0605 000 350::: 000 0400 000 5300 )00 020C 300 3100 )00 Dollars Paid in Current Year for Prior Years' Claims 171005'2,9 977 06.387 Fnor .0 "020C' Y2002 F'200' . $622,492 paid for FY06 . $322,397 paid for previous years •$944,889 total paid FY2003 FY2004 Pr2005 FY2006 Year of Claim 4 General Liabilities Performance: Count Liability Claims Count oy Department Period =Ended January 31, 2007 F'2007 ,2004 r'1 FY2006 FY 2007 C Free •Gas O Part Maintenance •P60ae • Sa!wta0on O Storm. Wale. O Womb • W xtewelr O Welx DN Others •Overall Total j 1% •Police ? 5% •Streets T 38% •Gas j 44% •Sanitation T 24% •Fire j 13% •Park Maintenance 1 71% •Wastewater T 18% •Storm Water], 38% •Water j 72% General Liabilities Performance: Cost 600,000 0460.000 1400,000 050 000 1300.000 1200.000 1200.000 0160.000 .- 1100.000 100.000 Incurred Costs by Department Claims Filed, Period Ended January 31 O Fire O Water Storm Water Fy2001 5'12006 5y20011 572ee0 F72007 ■ Police ■ Gas ▪ All Others II Sanitation Streets ',Wastewater O Perk Maintenance •Total 1339% •Police 1 27% •Solid Waste T 43% •Streets T 38% -Storm Water 1 43% •Gas 1158% •Water T 8% •Wastewater T 96% 5 General Liabilities Performance: Paid i•011nk• DeOUr :ham; 1007 • Total ; 57% .Fire 1. 87% •Police j 100% • Streets r 3% •Storm Water j 20% •Wastewater T 38% *Gas , 145% •AII Other j 65% General Liabilities Paid on Prior Year Claims 5.50,000 050,00 3300,000 1250,000 1200400 31110.000 1100,000 150,000 - ...hats Paid in C103,5011 Year for Previous 'Years C awns (AS 0 January ]' 2007) m1 - Fret FY03 FROM 0YN FRO C Fa. • Gas 0 Park Mambrrnes • Pap ■ SanMbe 3 Sturm Wilt, 0 Simi. • WlOewaler O WM11r OAS Gtne, j •$381,842.94 paid for FY06 claims •$761,624.23 paid for previous years' claims •$1,143,467.17 total paid 6 •63 Accidents (excluding City Vehicle Accidents Status non- classifiable incidences) i •31 Preventables `•# of accidents j 13.41 % M onth August September October ' ovember .)ecember i anuar'. February 'u1 arch April ne Fiscal Year 2006 Nt_didamt2f Number of Number of Ac ' nts NCI's" Preventables 29 12 34 15 19 23 19 8 18 8 14 26 12 20 4 27 29 8 23 12 281 128 37 12 59 Fiscal Year 2007 Number Number of of Number of Accidents NCI's. Preventables 25 2 10 1 25 5 0 4 8 0 13 8 0 -"NCI" = Non - classifiable Incoent Questions & Comments 7