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Home My WebLink AboutAgenda Packet City Council - 05/18/201011:45 A.M. - Proclamation declaring Thursday, May 20, 2010 as "SEA Day" (Saltwater- fisheries Enhancement Association Day) Proclamation declaring the week of May 16 -22, 2010 as "Water Utilities Awareness Week" Proclamation declaring the week of May 22 -28, 2010 as "Safe Boating Week" Proclamation declaring the month of May 2010 as "Motorcycle Safety and Awareness Month" Certificate of Commendation: March of Dimes Regional Program Director, Patricia E. Mattocks Swearing -in Ceremony of newly appointed Board, Commission and Committee Members Swearing -in Ceremony of newly appointed Municipal Court Judges AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 18, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Ernest Phillips, Ph.D., Unity By The Sea. 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 Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 18, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of May 11, 2010. (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. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving a supply agreement with HD Supply Water Works, of Corpus Christi, Texas for pipe repair damps in accordance with Bid Invitation No. BI- 0096 -10 based on low bid for an estimated twelve -month expenditure of $302,515.42, of which $75,628.86 is required for the remainder of FY 2010. The term of the supply agreement will be for twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and City Manager or his designee. Funds are available in the Water, Wastewater, and Park and Recreation department operations budgets in FY 2009 -2010. (Attachment # 2) Agenda Regular Council Meeting May 18, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving authorized list of financial underwriters. (Attachment # 3) 4. Motion authorizing the City Manager or his designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee, in the amount of $447,000 for the Oso Water Reclamation Plant Lift Station Pump Replacement project. (Attachment # 4) 5. a. Motion authorizing the City Manager to execute a Deferment Agreement with N.M. Edificios, LLC, (Developer), in the amount of $714,634.80 for public improvements including construction of water and wastewater improvements for L & F Subdivision, Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of a Letter of Credit approved by the City. (Attachment # 5) b. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, developer of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 10 -inch collection line, including all related appurtenances. (Attachment # 5) c. Motion approving the Water Grid Main Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, developer of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 12 -inch grid main line, including all related appurtenances. (Attachment # 5) d. Ordinance appropriating $296,483.86 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse N.M. Edificios, LLC, for the extension of an 12- inch grid main line, including all related appurtenances for development of L & F Subdivision Lot 1, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. (Attachment # 5) Agenda Regular Council Meeting May 18, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Second Reading Ordinance - Granting approval to AEP Texas Central Company, for the partial assignment of its franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. (First Reading — 05/11/10) (Attachment # 6) I. EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 7. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 8. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. 9. Executive session under Texas Government Code Section 551.071 regarding Cause No. C 09 -185, Andres Villasana et al vs. City of Corpus Christi et al, in the United States District Court for the Southern District of Texas, with possible discussion and action in open session. Agenda Regular Council Meeting May 18, 2010 Page 5 J. PUBLIC HEARINGS: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 10. Case No. 0410 -01, Mitchell Vicha and Courtney Urban Vicha: A change of zoning from "F -R" Farm -Rural District to "RE" Residential Estate District resulting in a change of land use from Vacant Agriculture use to Single Family Residential Estate use on property described as a 3.0 acre property out of the Flour Bluff and Encinal Farm and Gardens Tract, Section 52, Lots 32 and 33, generally located southeast of Waldron Road, at 4121 Waldron Road. (Attachment # 10) Planning Commission and Staffs Recommendation: Approval of the "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance, upon application by Mitchell Vicha and Courtney Urban Vicha, by changing the Zoning Map in reference to 3.0 acres out of the Flour Bluff and Encinal Farm and Gardens Tract Lots 32 and 33, Section 52, from "F -R" Farm -Rural District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 11. Case No. 0410 -02, Raiu Bhagat: A change of zoning from "1 -2" Light Industrial District to "B-4" General Business District resulting in a change of land use from Vacant Light - Industrial use to General Business use to build a 39,000 square foot Holiday Inn Express on property described as 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37 (IH -37), at 929 N. Navigation Boulevard. (Attachment # 11) Planning Commission and Staffs Recommendation: Approval of the "B -4" General Business District. Agenda Regular Council Meeting May 18, 2010 Page 6 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Raju Bhagat, by changing the Zoning Map in reference to 1.93 acres out of Whelan Tract Unit 4 Block 1, Lot 1, from "1 -2" Light - Industrial District to "B-4" General 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. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 12. Corpus Christi Convention and Visitors Bureau Quarterly Report (Attachment # 12) 13. Crime Control and Prevention District Quarterly Report (Attachment # 13) 14. Health and Risk Management Claims Report — Year -to -Date, period ending January 31, 2010. (Attachment # 14) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 15. Motion directing staff to plan for a Charter Amendment Election on November 2, 2010 that would include a charter amendment proposition changing the City Council election date from the second Saturday in May to the November uniform election date and other Council approved charter propositions. (Attachment # 15) 16. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $1,126,976.70, for a total re- stated fee of $1,168,976.70 for the Bayfront Development Plan, Phase 3. (BOND ISSUE 2008) (Attachment # 16) Agenda Regular Council Meeting May 18, 2010 Page 7 17. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $974,190, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 1, from Rodd Field to Nile Drive. (BOND ISSUE 2008) (Attachment # 17) b. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Naismith Engineering of Corpus Christi, Texas in the amount of $1,106,174, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 2, from Nile Drive to Airline. (BOND ISSUE 2008) (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,892,273 for design, bid, construction and additional phase services for Staples Street (BOND ISSUE 2008): (Attachment # 18) • Staples Street, Phase 1 from Brawner to Barracuda • Staples Street, Phase 2 from Barracuda to Gollihar 19. Motion authorizing the appointment of Morgan Keegan & Company, Inc. as Senior Manager; and Loop Capital Markets, LLC as Co- Manager for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Certificates of Obligation, Series 2010, and the City of Corpus Christi, Texas General Improvement Bonds, Series 2010. (Attachment # 19) 20. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor; Frost Bank as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as Co- Managers for the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A. (Attachment # 20) 21 Ordinance directing the Board of the Corpus Christi Digital Community Development Corporation to proceed with the dissolution of the Corporation, with said dissolution to be effective on July 31, 2010. (Attachment # 21) Agenda Regular Council Meeting May 18, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Ordinance naming the approximately 91.70 acres of park land located near the intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. (Attachment # 22) 23. Resolution amending Financial Policies adopted by Resolution No. 028176 and providing financial policy direction on preparation of the FY 2010 -11 Budget. (TABLED ON 05111/10) (Attachment # 23) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 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 name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. Agenda Regular Council Meeting May 18, 2010 Page 9 N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at p.m., on May 13, 2010. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 r 161 WATER City ©t Coto us CRn5R orpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 11, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Bendettwith Victory South Coast Church and the Pledge of Allegiance to the United States flag was led by Council Member Chris Adler. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of April 27, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Advisory Committee on Community Pride Oscar Carmona (Appointed) Sister City. Committee Christine Kailas (Appointed) Gloria Sykes - Saucedo (Appointed) Commission on Children and Youth Lt. Tara Rene Martin (Reappointed) Robert Mirabal, Jr. (Reappointed) Betty Trigo (Appointed) Dr. Ridge Hammons (Appointed) Charles Imbergamo (Appointed) Delia Oliveira (Appointed) Ariana Cordero (Appointed) Sally Ann Lewis (Appointed) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 11). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010 -098 Motion approving the purchase of network hardware for the Public Health District from Calence Insight Networking Solutions, of Austin, Texas in accordance with the State of Texas cooperative purchasing program for a total amount of $51,743.60 under the Community Preparedness Section /Public Health Emergency Response (PHER) Focus Area 1, Phase 3 Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund No. 9100. —1— Minutes — Regular Council Meeting May 11, 2010 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. MOTION NO. 2010 -099 Motion approving the purchase of Laboratory Information Management System (LIMS) for the Public Health District from STARLIMS Corporation, of Hollywood, Florida in accordance with the State of Texas cooperative purchasing program fora total amount of $163,308.33 under the Local Public Health Preparedness /Public Health Emergency Response (PHER) - Focus Area II Grant awarded to the Corpus Christi- Nueces County Public Health District and available in the Health Grant Fund 9100. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.a. MOTION NO. 2010 -100 Motion authorizing the City Manager or his designee to accept a grant in the amount of $165,840 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028587 Ordinance appropriating $165,840 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. RESOLUTION NO. 028588 Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,501.09 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. ORDINANCE NO. 028589 Ordinance appropriating $8,501.09 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase-equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. Minutes — Regular Council Meeting May 11, 2010 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.a. RESOLUTION NO. 028590 Resolution authorizing the City Manager or his designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7.b. ORDINANCE NO. 028591 Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. RESOLUTION NO. 028592 Resolution authorizing the Director of the Corpus Christi — Nueces County Public Health District to execute an Interlocal Cooperation Agreement with the City of Bishop to provide food establishment permitting services within Bishop and to collect all necessary fees. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. ORDINANCE NO. 028593 Ordinance authorizing the resale of ten (10) properties for $56,000 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus $11,289.01 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.a. MOTION NO. 2010 -101 Motion authorizing the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property located outside the city limits on Jurica Road (CR 37) south of Saratoga Boulevard (SH 357) and east of Old Brownsville Road (FM 665), on Lot 27A, William Robertson Farm Tracts under Section 55- 111, Code of Ordinances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". -3- Minutes — Regular Council Meeting May 11, 2010 — Page 4 10.b. MOTION NO. 2010 -102 Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa until wastewater services are available to the property known as Lot 27A, Williams Robertson Farm Tracts. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.a. ORDINANCE NO. 028594 Declaring each of the four City -owned properties listed and described in the attached Exhibit "C" as surplus property, three which are narrow in shape and not suitable for building, one that Tacks paved access to and from public roads, and all of which are small in area. (First Reading — 04/27/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 11.b. ORDINANCE NO. 028595 follows: Authorizing the sale of each of the four surplus properties listed and described in the attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting property owners in proportion to their abutting ownership; and authorizing the City Manager or his designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. (First Reading — 04/27/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as 12. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 13. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. 14. Executive session under Texas Government Code Section 551.071 regarding Cause No. 09- 1755 -H, Mirosalva Mares - Sabala and Ivon Cruz Quinones, Individually and as Next Friend of Joshua Quinones vs. City of Corpus Christi, in the 347th Judicial District, Nueces County, Texas, with possible discussion and action in open session. Minutes — Regular Council Meeting May 11, 2010 — Page 5 15. Executive session pursuant to Texas Government Code Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that the executive sessions held regarding the Memorial Coliseum (Items 12 and 13) were informational only and that no action was taken or will be taken in open session. The following motions were passed and approved with the following vote: 14. MOTION NO, 2010 -103 Motion authorizing the City Manager to settle Cause No., 09- 1755 -H, Mirosalva Mares - Sabala and Ivon Cruz Quinones, Individually and as Next Friend vs. City of Corpus Christi; In the 347th Judicial District Court; Nueces County, Texas, for the total sum of $120,000.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 15. ORDINANCE NO. 028596 Ordinance appointing Ray A. Gonzalez and L. Gayle Nelson as Part-time Judges of the Municipal Court of Record in the City of Corpus Christi, Texas; determining salary; providing a term of office. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * ** Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0310 -05, John Carlisle: A change of zoning from the "B -3" Business District to the "1 -2" Light Industrial District resulting in a change of land use from Pet Resort Business to Pet Resort Business with outdoor dog walk area use on property described as a 0.969 -acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including a 2009 aerial photograph; the zoning map; the existing land use map; the "B- 3" and 1 -2" allowable uses; views of the subject property; and accident potential zones 1 & 2. Mr. Perales stated that the Planning Commission and staff recommended denial of the "1 -2" Light Industrial District and in lieu thereof approval of a "B -3 /SP" Business District with a Special Permit; subject to a Site Plan. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting May 11, 2010 — Page 6 16. ORDINANCE NO. 028597 Amending the Zoning Ordinance, upon application by John Carlisle, by changing the Zoning Map in reference to 0.969 acres out of Laguna Business Center, Block B4, Lot 1, from "B -3" Business District to "B -3 /SP" Business District with a Special Permit to allow a change in land use from Pet Resort Business to a Pet Resort Business with outdoor dog walk area, subject to a Site Plan; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. Mayor Adame referred to Item 17, a public hearing on a street closure for South Oso Parkway. Assistant City Manager of Development Services Johnny Perales requested that Council postpone this item. Mr. Chesney made a motion to postpone Item 17. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye "; Marez and Scott were absent. 17. POSTPONED BY STAFF County, exas, be+ag a motion of Section 31, of the Laureles Farm Tracts, recorded in * * * * * * * * * * * ** Mayor Adame opened discussion on Item 18 regarding the membership of the Mayor's Fitness Council. Pride /Clean City Coordinator Angela Rowe explained that this item was for approval to amend the Code of Ordinances regarding the membership of the Mayor's Fitness Council. Council Member Leal spoke regarding district representation on the Mayor's Fitness Council and stated that every district should have at least one representative. Rick Hayley, Governor's Advisory Council on Physical Fitness, explained that all segments of the community will be represented and that the goal is to reach everybody in the community. Mr. Hayley added that he would coordinate with Ms. Leal to find representation to better represent District 3. Council Member Chesney concurred that the Mayor's Fitness Council should represent a cross section of the community. Mr. Chesney asked for information on the "Fit and Free by the Sea" event. Cinia Montoya reported that the "Fit and Free by the Sea" event was coordinated in response to an article by Men's Health Magazine designating Corpus Christi as the Fattest City. Ms. Montoya invited the Council to attend the event on May 22nd at Cole Park. Ms. Montoya added that several partners will be at the event to help monitor people that want to start a healthier lifestyle. Mr. Hayley challenged the City Council to do a physical fitness test and set a goal for one year from today. -6- Minutes — Regular Council Meeting May 11, 2010 — Page 7 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. C28598 Ordinance amending the Code of Ordinances, Section 2 -287 regarding membership of Mayor's Fitness Council, to provide for appointment of members by the Mayor with approval of the City Council, and to add two At -Large members for a total of thirteen (13) members. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye "; Kieschnick and Scott were absent. Mayor Adame referred to Item 18.b. and the following board appointments were made: Jane Bell; Crystal Campos, MD.; Johnny Canales; Marc Cisneros; RexA. Kinnison; D. Scott Elliff; Timothy M. Fitzpatrick; Rick Hayley; Judy Lapointe Jennings; Father Joseph Lopez; Grete McBath; Venessa Santos -Garza; and Wade Spenst. Mayor Adame opened discussion on Item 19 regarding the membership of the Clean City Advisory Committee. Pride /Clean City Coordinator Angela Rowe reported that the Clean City Advisory Committee voted to add two additional members to strengthen the makeup of the committee. Ms. Rowe introduced Clean City Chair Daiquiri Richard who was available to respond to questions. In response to Mayor Adame, Ms. Rowe provided a brief overview of the recycling and beautification efforts made by the Clean City Committee and their partners. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19.a. ORDINANCE NO. 028599 Ordinance amending the Code of Ordinances, Section 2 -233 to increase membership of Clean City Advisory Committee by adding two At -Large members for total membership of eleven (11) members. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame referred to Item 19.b. and the following board appointments were made: Daniel Lucio; Juan Rodriguez; Ken Hobbs, Jr.; and Melissa Espitia. Mayor Adame opened discussion on Item 20 regarding the H.E.B. Pool Complex Replacement. Director of Engineering Services Pete Anaya introduced the presentation team including Javier Huerta with CLK Architects and Project Manager Billy Delgado. Mr. Anaya referred to a powerpoint presentation including a background; the project site; site plan; project aerial; the scope of the project; schedule; costs; and features. Mr. Anaya also provided information on each of the five (5) additive alternates. The following topics pertaining to this item were discussed: the type of umbrellas considered for the project; the anticipated size of the party room; whether the party room will be rented out; the total cost of the spray pad area; the timeline for completion of the project; and the family bathroom. Minutes — Regular Council Meeting May 11, 2010 — Page 8 Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he was excited about the project and thanked the taxpayers for approving the project. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2010 -104 Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures of Corpus Christi, Texas, in the amount of $2,040,000 for H. E. B. Pool Complex Replacement for the Base Bid. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 21 regarding AEP Texas Central Company. Director of Intergovernmental Affairs Rudy Garza explained that AEP Texas Central Company received approval from the Public Utility Commission to partially assign its franchise to transfer assets to Electric Transmission Texas, LLC. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Granting approval to AEP Texas Central Company, for the partial assignment of its franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. MayorAdame opened discussion on Item 22 regarding an amendment to the Solicitation for Charitable Purposes ordinance. City Attorney Valdez requested that this item be postponed. Ms. Martinez mad a motion to postpone Item 22. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. 22. POSTPONED BY STAFF Ordinance amen-di-rig the Cede of Ordinances, Section 38, Article II, Solicitations for Charitable Purposes, by adding Scction 38 16(i) to regulate aggresvive panhandling in a MayorAdame opened discussion on Item 23 regarding the Financial Policies. Assistant City Manager Oscar Martinez explained that the financial polices are developed annually to guide staff through the budget process. Mr. Martinez provided a brief overview of the policy amendments for consideration. Mr. Martinez referred to a powerpoint presentation regarding the utility transfer portion of the financial policy including an explanation of the utility transfer; State Law allowing the transfer; use of utility transfer in other cities; the proposed utility transfer methodology; the amendment to the -8- Minutes — Regular Council Meeting May 11, 2010 — Page 9 financial policy; and staffs recommendation. Mr. Martinez also provided a powerpoint presentation regarding the issue of zero -based budgeting including a background of the zero -based budget pilot implementation; the principles present in the proposed budget; and the "Plug & Play" approach. Assistant Director of Management and Budget Eddie Houlihan provided a handout of instructions for the budget preparation and examples of four departments zero -based budgets. The following topics pertaining to this item were discussed: including deferred maintenance, lifecycle replacement and /or capital items for use of undesignated fund balance in excess of the ten percent policy requirements; the effective tax rate; the utility fund transfer policy; and consideration to include the zero -based budgeting process as part of the financial polices. Council Member Chesney said that the Council should give clear direction to staff as to whether they support implementing the zero -based budgeting process. Mr. Martinez provided a proposed amendment to the financial policy to include the following language for consideration: "to provide comprehensive services or activity level justification including detailed costing in annual budget process ". Council Member Elizondo emphasized that a policy needs to be in place to support the goals set by the council. Mr. Elizondo added that verbage should be included in the financial policy that includes the intent of the council and accountability. Council Member Chesney stated that the language presented by staff does not clearly describe the intent of the Council regarding zero - based budgeting. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the utility transfer policy. Mr. Chesney made a motion to postpone the approval of the financial polices until May 18th to allow staff to include specific language regarding zero -based budgeting. The motion was seconded by Ms. Adler. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. 23. POSTPONED UNTIL MAY 18, 2010 Resolution amending Financial Policies adopted by Resolution No. 028176 and providing finatsiat pot1ey d cetion an preparation of the FY 2010 11 Budget. Mayor Adame opened discussion on Item 24 regarding improvements to the Convention Center and Selena Auditorium. Assistant City Manager Margie Rose explained that this item is a recommendation of improvements to the Convention Center and Selena Auditorium and the financing for those improvements. Ms. Rose introduced the presentation team including General Manager of the American Bank Center Jim Salamenta; Interim Assistant City Manager Cindy O'Brien; Assistant Director of Engineering Services Kevin Stowers; Director of Convention Center Operations John Meyer; Fire Chief Richard Hooks; and Assistant Fire Chief Andy Cardiel. Ms. Rose also referred to a letter submitted by the Convention and Visitors Bureau Board of Directors endorsing the improvements. Ms. Rose provided a brief overview of the items for consideration and categorized the items as projects deemed critical for safety and projects to remain competitive in the market. The following topics pertaining to the item were discussed: the use of certificates of obligation to purchase tables and chairs; if there are funds available to purchase the tables and chairs as one -time expenditures; allowable expenses from the unreserved fund balance; the reason a maintenance fund was not established for anticipated expenditures to maintain the Convention Center and Selena Auditorium; the convention center debt; developing a policy for maintaining the -9- Minutes — Regular Council Meeting May 11, 2010 — Page 10 buildings; separating capital improvement and ongoing maintenance improvements; the reason for replacing the tables and chairs; the climatized storage; the timeline for improvements; the number of full -time maintenance staff; the square footage of the total facility; the pros and cons for using the reserve fund or certificates of obligations to fund the improvements; and landscaping. Mr. Kieschnick made a motion to use reserve funds for Items 7, 8, 9, and 12 in lieu of certificates of obligation. The motion was seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Chesney, Elizondo, Kieschnick, and Leal, voting "Aye "; Adame, Adler, Marez, Martinez, and Scott, voting "No ". Interim Assistant City Manager Cindy O'Brien referred to Items 24.b. -d. Ms. O'Brien stated that the financial aspect of this item includes a resolution for reimbursement; a resolution directing publication; and the appointment of M.E. Allison as Financial Advisor. City Secretary polled the Council for their votes as follows on Item 24.a.: 24.a. MOTION NO. 2010 -105 Motion authorizing the improvements to the Convention Center and Selena Auditorium shown on the attached Exhibit "C ". The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa stated that staff is requesting that Item 24.c. be amended to change the date that the Council will approve the ordinance authorizing the issuance of certificates of obligation from June 15th to June 22nd. Ms. Martinez made a motion to amend the resolution as requested by staff. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows on Items 24.b -d.: 24.b. RESOLUTION NO. 028600 Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center; and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick voting "No ". 24.c. RESOLUTION NO. 028601 Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for the purpose of financing costs associated with making permanent public improvements to —10— Minutes — Regular Council Meeting May 11, 2010 — Page 11 the City's Convention Center and Selena Auditorium; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 24.d. MOTION NO. 2010 -106 Motion authorizing the appointment of M. E. Allison & Company, Inc. as financial advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 25 regarding the establishment of a blended water rate and the negotiation and execution of a blended water supply agreement contract with Las Brisas Energy Center, LLC. City Secretary Chapa announced that he received a disclosure statement from Council Member Elizondo regarding Item 25.a. and b. Mr. Chapa reported that Mr. Elizondo has stated that he has a potential conflict of interest, a reasonable expectation of an economic benefit regarding his employer and will be abstaining from this item. City Secretary Chapa also announced that he received a disclosure affidavit from Council Member Chesney. Mr. Chapa explained that Mr. Chesney was made aware of a conflict of interest yesterday at 4:45 p.m. After review, Mr. Chesney has deemed it is reasonably foreseeable that he could benefit from his participation on this item and therefore will be abstaining on Item 25.a. and b. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the overall rate design objectives; the overall recommendations; charges to Las Brisas for water; the current water rate structure; cost centers and allocations; the revised diversion cost center; costs associated for the blended water pump station and pipeline; the new raw water supply issue; summary of framework for water rates applicable to a contract with Las Brisas; actions subsequent to negotiations; the new raw water supply development reserve benefiting all customers; other water related fee and charges; the new "equity buy -in fee" for all new large customers; other contract provisions with Las Brisas; and actions needed. The following topics pertaining to this item were discussed: the catalyst for establishing the blended water rate; compliance with the City's contract with the Lavaca Navidad River Authority (LNRA); how water usage will protect current residential water users; the discharge of the water by Las Brisas; whether the City will receive credit for Las Brisas releasing into the Ship Channel; the effect on Nueces River and Lake Corpus Christi; and concern with water contracts not executed by the consent of the Council. Mayor Adame called for comments from the audience. The following individuals spoke in opposition to the contract with Las Brisas: Susie Luna Saldana, 4710 Hakel; Pat Morris, 1002 Cairo; Carlos Truan, 6902 Sir Geraint; Brian Burke, 7709 Armstrong; Neil McQueen, 4213 Estate; Dr. Mary Del Peterson, 210 Naples Street, and on behalf of the Nueces County Medical Society; Sheila Cudd, 7106 Fort Collins; Dr. Wes Stafford, Nueces County Medical Society; Evie Coppola, League of Women Voters; Wilson Wakefield, 6026 Killarmet; Dr. Josefina Torres, Nueces County Medical Society; Sally Wakefield, 6026 Killarmet; Daniel Lucio; Sylvia Whitworth, 36 Lakeshore Drive; Jim Whitworth, 36 Lakeshore Drive; Carolyn Moon, 4902 Calvin; James Klein, 3501 Monterrey Street; Carrie Robertson, 4401 Gulf Breeze Boulevard; Dr. Greg Silverman, 331 Del Mar, and representing —11— Minutes — Regular Council Meeting May 11, 2010 — Page 12 Coastal Cardiology and Nueces County Medical Society; Peggy Duran, 4022 Congressional Drive; Mariah Boone, 710 Ponder Street; Mark Robbins, 1802 Ennis Joslin; CliffSchlaback, 122 Whiteley; Dr. Rafael Beric- Muniz, Coastal Cardiology Association; Dr. Michael McCutchon, 203 Jackson Place; Saul Rescon, 914 Nandina; Nita Smith, 13518 King Phillip Court; Mimosa Thomas, 710 Ponder; Tom Thomas, 710 Ponder; Judy Landress, 242 Montclair; Roger Landress, 242 Montclair; Theresa Klein, 3501 Monterrey Street; and Emilie Olivares, 4205 Dody Street. The following individuals spoke in favor to the contract with Las Brisas: Bernard Paulson, 3 Ocean Drive; Bob Parker, Repcon Inc.; Debbie Lindsey -Opel, 700 Everhart; Mike Carranco, 4325 Murphey, and on behalf of the International Brotherhood of Electrical Workers; Jennifer Storm, 518 Enterprise, and on behalf of the South Texas Associated General Contractors; Cliff Atnip, 700 Everhart; Larry Demieville, 7309 Berkley; Fred Braselton, 5337 Yorktown, and representing the Builders Association; Craig Loving, 1037 Stirman; Willie Vaden; Anne Matula, Craft Training Center; John Michael, Chairman of the Corpus Christi Chamber of Commerce; Chad Magill, Chair of the Hispanic Chamber of Commerce; Abel Alonzo, 1701 Thames; Foster Edwards, CEO /President of the Corpus Christi Chamber of Commerce; Connie Gutierrez, 5314 Navarro; Vince Navarro; and Roland Mower, President/CEO of the Corpus Christi Regional Economic Development Corporation. Anthony James, 2337 Luzius, asked questions regarding the contract provision with Las Brisas that the City is under no obligation to serve Las Brisas beyond limits of peak day and annual peak demand. Council members expressed their individual opinions regarding the approval of a blended water contract with Las Brisas. Mr. Marez made a motion to amendment Item 25.b. to authorize negotiations by the City Manager and bring back the contract for approval by the Council. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Leal, Marez, and Martinez, voting "Aye "; Adame, Adler, Kieschnick, and Scott, voting "No "; Chesney and Elizondo abstained. City Secretary Chapa polled the Council for their votes as follows: 25.a. RESOLUTION NO. 028602 Resolution authorizing the City Manager to establish and adopt blended water rate principles and create a new publish rate class: Blended Water. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez voting "No "; Chesney and Elizondo abstained. 25.b. RESOLUTION NO. 028603 Resolution authorizing the City Manager to negotiate and execute a blended water supply agreement with Las Brisas Energy Center, LLC. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, and Scott, voting "Aye "; Leal and Martinez voting "No ". * * * * * * * * * * * ** Minutes — Regular Council Meeting May 11, 2010 — Page 13 Mayor Adame called for petitions from the audience. Benito Barrera, 4221 Beard Drive, recommended that the park located next to the State School be named after Ruben Bonilla, Jr. Carolyn Moon; 4902 Calvin, spoke regarding her displeasure over the vote !n support of Las Brisas. Fred Braselton, Buiiders Association, provided a resolution in support of the City Council's efforts for future economic development and tourism. Foster Edwards, CEO /President of the Corpus Christi Chamber of Commerce, invited the Council to attend the "State of the State" luncheon on May 19th at the Solomon Ortiz Center. John Kelley, 413 Waco, spoke regarding the appointment of Barry Wolfson to the American Bank Center Area Development Task Force. Anthony James, 2337 Luzius, spoke regarding the Las Brisas contract. Evelyn Nemec, 5709 Waterford, asked the Council to save the Memorial Coliseum from demolition. Joan Veith, 5701 Cain Drive, spoke in appreciation of the Council's endurance and capabilities. * * * * * * * * * * * ** Mayor Adame referred to Item 26 regarding the Health and Risk Management Claims Report ending January 31, 2010. Mayor Adame announced that Item 26 was withdrawn by staff. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at6:20 p.m. on May 11, 2010. * * * * * * * * * * * ** Requested Council Date: 05/18/10 Alternate Date: 05/25/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with HD Supply Water Works, Corpus Christi, Texas for pipe repair clamps in accordance with Bid Invitation No. BI- 0096 -10 based on low bid for an estimated twelve -month expenditure of $302,515.42 of which $75,628.86 is required for the remainder of FY 2010. The term of the supply agreement will be for twelve- months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Water, Wastewater, and Park & Recreation Department operations budgets in FY 2009 -2010. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The Warehouse stocks the pipe repair clamps. The clamps are used by the Water, Wastewater, and Park and Recreation Departments to splice and repair existing utility lines located throughout the City. The need to splice the lines occurs due to shifting in the soil which causes the utility lines to break. Previous Contract: The option to extend the previous contract was not exercised due to changes to specifications; requiring the City to issue new bid invitations. Bid invitations Issued: Five Bids Received: Three Award Basis: Low Bid Price Analysis: The price of the 2 "x 7.5" single band full circle clamp, the most frequently used item, has increased from $27.50 to $39.85. The increase is partially due to a change in specifications, which improved the quality of the clamp. Problems encountered with the previously supplied clamp include an unusual high failure rate. On several occasions, the utility departments would need to return to line breaks that were previously repaired to replace a clamp that had prematurely failed. Although the new clamps cost more, the increase should be offset by the savings realized from sending a work crew out on a return repair. Funding: Water Department Fund FY -09/10 520130 -4010 -31505 $60,503.09 Wastewater Department Fund 520130 -4200 -33400 7,562.88 Park and Recreation Department Fund 520130 -1020 -12910 7,562.89 Total: $75,528.86 (3 months) Funding for this award will be made partially from the current fiscal year. The funds shown above represent 3/12 of the entire award. The remaining funds required for this award will be requested to be funded from the FY 2010/2011 proposed budget. Mic ae Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb(2i cctexas.com -1 7 - 060Z/61./50 :91e0 O ET 0 CD Zb'S6B`ZO£ 90'ZLO`b0£ OD 13 C7 M=0 m D n cZ� O D D c O cn • z o z - N CO ✓ 5 ry D m m_ >z 7J co O r- > 8 (n O 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 18, 2010 AGENDA ITEM: Motion approving authorized list of financial underwriters. ISSUE: The City of Corpus Christi issued a Request for Qualifications (RFQ) to provide financial underwriting services. Twenty -four responses were received. The responses were reviewed and categorized by a review committee ( "the committee ") consisting of the City's financial advisor, Mark Seal with M. E. Allison and Company, Inc., the Interim Assistant City Manager of Administrative Services, and the Interim Director of Financial Services. Of the twenty -four responses received, twenty -one firms are being recommended to be included as authorized underwriters for the City, and this list of authorized underwriters is being submitted to the City Council for approval. In the event a firm approaches the City with an offer of a unique type of service or product, or an opportunity to restructure our debt with an exceptional savings, but they are not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. REQUIRED COUNCIL ACTION: City Council approval of the motion is requested. PREVIOUS ACTION: • On January 29, 2009, the City Council approved the previous list of qualified financial underwriters • On February 13, 2007, the City Council approved the previous list of qualified financial underwriters. • In September 2003, the City Council was presented with a list of qualified financial underwriters. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion as presented. Constance P. Sanchez Interim Director of Financial Services phone: 826 -3227 e -mail: constancep @cctexas.com Attachments: Background Information Authorized List of Qualified Financial Underwriters BACKGROUND INFORMATION On April 22, 2010, the City of Corpus Christi issued a Request for Qualifications (RFQ) to provide financial underwriting services. Twenty -four responses were received. The responses were reviewed and categorized by a review committee ( "the committee ") consisting of the City's financial advisor, Mark Seal with M. E. Allison and Company, Inc., the Interim Assistant City Manager of Administrative Services, and the Interim Director of Financial Services. Each firm was categorized into groups of national, regional, and minority status. Based on the evaluation by the committee, twenty -one firms are being recommended to be included as authorized underwriters for the City. The committee reviewed the responses received and evaluated the responses based on the firm's Texas presence for underwriting bonds, as well as any interest in the City of Corpus Christi that the firm has exhibited. The City has established a professional relationship with many of the primary bankers affiliated with these firms. However, as a result ofthe changes in the municipal bond market over these past few years, many of these bankers have changed firms. Because of this, new firms are being proposed as part ofthe City's underwriting pool, but Citystaffhas a long - standing relationship with the primary bankers associated with these new firms and is assured that they will work hard for the City if given the opportunity to underwrite our bonds. The committee also realized the value in firms having a local presence. Although no firms have underwriting desks in Corpus Christi, six of the twenty -one firms have retail offices in Corpus Christi, as so noted on the attached list. Underwriting teams will be periodically selected from the pool for a specific financing and will participate with the City and its financial advisor with the structuring of financings that are in the best interest of the City. The selected underwriter or group of underwriters will have the sole responsibility of underwriting and marketing the obligations to potential investors. Section 9.3 ofthe City's Debt Management Policy describes the duties of an underwriter in a negotiated sale. Section 9.3.2.2 states: "Each co- manager (underwriter) is responsible for buying these bonds even if they do not obtain orders for them." This is a crucial role for which the City will rely upon the underwriters. Many underwriting firms do not currently have the capital to buy bonds into their inventory, and if this were the case when the City is ready to issue bonds, then those firms could not be selected as an underwriter for the City at that time. In the event a firm approaches the City with an offer of a unique type of service or product, or an opportunity to restructure our debt with an exceptional savings, however, they are not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. ►i City of Corpus Christi National Scope: List of Financial Underwriters Presented to the City Council on May 18, 2010 1. N% Banc of America Merrill Lynch 2. Citigroup Global Markets, Inc. 3. J.P. Morgan 4. Morgan Stanley (current dealer of commercial paper) 5. Raymond James & Associates 6. -■% Stifel Nicolaus & Co. Inc. 7. Ni Wells Fargo Securities Regional Scope: 1. Coastal Securities, Inc. 2. First Southwest 3. '% Frost Bank 4. Hutchinson, Shockey, Erley & Co. 5. Morgan Keegan & Company, Inc. 6. RBC Capital Markets 7. SAMCO Capital Markets, Inc. 8. Southwest Securities 9. Sterne Agee Minority Status: 1. Cabrera Capital Markets, Inc. 2. Estrada Hinojosa & Company, Inc. 3. Loop Capital Markets, L.L.C. 4. Ramirez & Company, Inc. 5. Siebert Brandford Shank & Company, L.L.C. �/- Indicates retail branches in Corpus Christi. CorpusChrisd eea '1111' 4 AGENDA MEMORANDUM City Council Action Date: May 18, 2010 SUBJECT: Oso Water Reclamation Plant Lift Station Pump Replacement Project No. E10014 / CIP No. WW 16 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee, in the amount of $447,000 for the Oso Water Reclamation Plant Lift Station Pump Replacement project. ISSUE: The purpose of this project is to restore the lift station pumps at the Oso Water Reclamation Plant to within 5% of their original capacity and to ultimately improve the front - end hydraulics of the plant. In addition, this project will include the replacement of all inoperable suction and discharge valves, which will improve the City's ability to perform routine maintenance on the pumps. FUNDING: Funding is available from the FY 2010 Wastewater Capital Improvement Project. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826-1801 fosterca,cctexas. com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanAcctexas.com H:\ HOME\ Rachelle \GEN\Wastewater \E10014 -Oso WRP LS Pump Replacement\Agenda Memo.doc —27— AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Lift Station Pump Replacement Project No. E10014 / CIP No. WW 16 PROJECT DESCRIPTION: The project consists of the complete removal and replacement of each rotating assembly for each of the six (6) pumps at the Oso Water Reclamation Plant Influent Lift Stations Nos. 1 and 2. The existing pumps consist of two (2) 50- horsepower pumps, one (1) 75- horsepower pump, and three (3) 125 - horsepower pumps. All existing motors, volutes, drive shafts, and pump base supports will be reused. In addition, this project will include discharge valve replacements, potential by -pass pumping, and intense coordination with plant personnel to minimize project impacts on plant operations. BID INFORMATION: On April 28, 2010, the City received proposals from four bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $447,000 to $635,175. The estimated cost of construction is $610,000. The consultant, LNV Engineering, reviewed the contractor information submitted for Special Provisions A -28, A -29 and A -30. According to that information, J.S. Haren of Athens, Tennessee, the low bidder, has the experience and resources to complete this project. The company's recent experience working on City of Corpus Christi projects includes the lift station improvements project. Therefore, City staff and LNV Engineering are recommending that the contract be awarded to J.S. Haren Company in the amount of $447,000 for the Oso Water Reclamation Plant Lift Station Pump Replacement project. CONTRACT TERMS: The project is estimated to require 154 calendar days, with completion anticipated in October 2010. PROJECT BACKGROUND: The Oso Water Reclamation Plant (WRP) has a rated treatment capacity of 16.2 million gallons per day (MGD) and a 2 -hour peak flow capacity of 98.3 MGD. The plant consists of three (3) raw wastewater lift stations: Lift Stations No. 1 and No. 2 located on the plant property, and the Williams Lift Station located off -site at Williams Drive and Micheline Drive. Lift Stations No. 1 and No. 2 have a combined design capacity of approximately 49 MGD (50% of plant capacity) and the Williams Lift Station has a design capacity of approximately 49 MGD (also 50% of plant capacity). The Oso WRP 's service area is over 35,000 acres and serves approximately 150,000 people in the southern portion of the City. The two -hour peak flow capacity correlates to a peaking factor of 6 which is noticeably higher than the typical industry standard peaking factors ranging from 3 to 5. The higher than normal peaking factor can be attributed to the tremendous amount of infiltration and inflow (I /1) experienced in the service area over the years. HAHOME\ Rochelle \GEN\Wastewater1E10014 -0so WRP LS Pump ReplacemenMgenda Background R2.doc —28— EXHIBIT "A" Page 1 of 2 During recent rain events, City Wastewater staff recognized that the levels in Lift Stations No. 1 and No. 2 wet wells were maintaining higher than normal levels over long durations of time. The lack of pumping capacity may have contributed to sanitary sewer overflows (SSOs) that occurred at the Oso Beach Golf Course. LNV Engineering was previously under contract with the City to provide infiltration and inflow (I /1) analyses on the Oso WRP service area through the Oso I/1 Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement (Project No. 7410). City staff requested the services of LNV Engineering to quickly perform the necessary tasks to identify the potential problems and /or bottlenecks in the system and to make recommendations for addressing the issues. Through detailed hydraulic analyses and field performance testing of the lift station pumps, LNV concluded that the Lift Station No.1 and No. 2 pumps were no longer capable of meeting their original pumping capacities. Consequently, LNV designed the improvements that are being recommended with the award of the proposed construction contract for the Oso Water Reclamation Plant Lift Station Pump Replacement (Project No. E10014). EXHIBIT "A" Page 2 of 2 H:\ HOME\ Rachelle \GEN\Wastewater\E10014 -Oso WRP LS Pump ReplacementlAgenda Background R2.doc —29— PRIOR PROJECT ACTIONS SUBJECT: Oso Water Reclamation Plant Lift Station Pump Replacement Project No. E10014 / CIP No. WW 16 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 2. March 23, 2010 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $229,110 for a total restated fee of $274,440 for design, bid, construction and additional phase services for Oso Infiltration /Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement. (Wastewater CIP 2010) (Motion No. 2010 -058) • Note: The portion of Amendment No. 1 that was utilized for the Oso Water Reclamation Plant Lift Station Pump Replacement project was $37,464 for design phase, bid phase, and construction phase services. H:I HOME1 Rachelle1GEN \Wastewater1E10014 -0so WRP LS Pump ReplacemelRtRi> tsect Actions.doc 0 o0 N O N O O Ti G eD Q W w .. LLI H W w So uJ w W z_ z w z 0 1- } -) ma 00 �o m Q ? F- F J.M. DAVIDSON, INC. 2564 CR 1960 ARANSAS PASS, TX 78366 TOTAL II PRICE $ 2,845.00 $ 90,000.00 $ 280,080.00 II 0 N sc » $ 22,250.00 II 00 N N to 00 N .- (9 $ 16,350.00 o O 0 co co- 69 $ 22,500.00 $ 635,175.00 II UNIT PRICE 00000'06 $ 00 9t9'z $ 0 coo M 0) fA 00 00 0 )- b9 $ 22,250.00 00 0 N CO $ 14,250.00 00 (00 H $ 18,000.00 $ 22,500.00 HOLLOMAN CORPORATION 13730 IH 10 EAST CONVERSE, TX 78109 TOTAL PRICE $ 42,600.00 $ 62,100.00 0 o N 0 r 69 0 0 o o r (9 0 coo N fA $ 27,400.00 0 0 W fA $ 24,400.00 r O N vi $ 33,900.00 0 0 a to H H U O. O. $ 42,600.00 $ 62,100.00 0 o 0 co c0 » $ 50,000.00 $ 22,300.00 0 N 69 00'006'8L $ $ 24,400.00 0 00 N » $ 33,900.00 R.S. BLACK / MACH. & MATL., JV 9044 UP RIVER ROAD CORPUS CHRISTI, TX 78409 TOTAL PRICE $ 13,000.00 $ 58,000.00 0 0 o o o t-: (- Ea 00'000'06 $ $ 24,000.00 $ 31,000.00 $ 20,500.00 $ 36,000.00 0 0 0 o 0 arc N 69' 0 0 0 0 v (o co 69 1$ 514,900.00 UNIT PRICE o o o o 00 00 t00 69 69 0 0 00 tt) to $ 45,000.00 0 0 00 N 4i 0 0 00 M fA $ 20,500.00 0 0 00 co 63 0 0 0 N f9 0 0 OV c0") c9 V COMPANY AY 11 NORTH , TN 37303 TOTAL PRICE 0 0 0 O 0 0 O M N 0 69. 63 $ 225,000.00 00'000'06 $ $ 15,000.00 0 O 0 R r 69 0 O 0 N 69 $ 6,000.00 $ 7,000.00 0 O 0 N r to 0 O o O t- 19 UNIT PRICE $ 20,000.00 $ 53,000.00 $ 75,000.00 0 0 0 (A st 69 1 $ 15,000.00 0 0 0 0 n r c9 0 0 N 69 0 0 0 (O Vi $ 7,000.00 0 0 0 N r 64 RECLAMATION PLANT LIFT STATION PUMP REPLACEMENT PROJECT NO. E10014 DESCRIPTION Mobilization/ Demobilization Remove and Replace Rotating Assembly — 75HP Pump Remove and Replace Rotating Assembly — 125HP Pump Remove and Replace Rotating Assembly — 50HP Pump Remove and Replace 20 -inch DISCHARGE Gate Valve Remove and Replace 24 -inch DISCHARGE Gate Valve Remove and Replace 16 -inch SUCTION Gate Valve, including: blind flanges; bolt/gasket accessory sets; PVC spool piece; adapter couplings; stand -by sump pump Remove and Replace 18 -inch SUCTION Gate Valve, including: blind flanges; bolt/gasket accessory sets; PVC spool piece; adapter couplings; stand -by sump pump Remove and Replace 20 -inch SUCTION Gate Valve, including: blind flanges; bolt/gasket accessory sets; PVC spool piece; adapter couplings; stand -by sump pump Remove and Replace 24 -inch SUCTION Gate Valve, including: blind flanges; bolt/gasket accessory sets; PVC spool piece; adapter couplings; stand -by sump pump TOTAL BASE BIDI J Q Q W W W W W LL7 W QTY r r M N r r r r r r H Q Q Q Q Q Q Q CO Q Q -31- EXHIBIT "C" Pase1 of 1 PROJECT BUDGET OSO WATER RECLAMATION PLANT LIFT STATION PUMP REPLACEMENT PROJECT NO. E10014 May 18, 2010 FUNDS AVAILABLE: Wastewater 2010 CIP No. 16 $558,484.00 $558,484.00 FUNDS REQUIRED: Construction (J.S. Haren Company) $447,000.00 Contingencies (10%) 44,700.00 Consultant (LNV Engineering) 37,464.00 Construction Inspection 15,645.00 Reimbursements 11,175.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $558,484.00 FUNDS REMAINING: $0.00 EXHIBIT "D" Page 1 of 1 Mproject \ councilexhibits \ exhE 10014. d wg CORPUS LAGUNA CHRISTI' B5ty LOCATION MAP NOT TO SCALE PROJECT #E10014 EXHIBIT "E" Oso Water Reclamation Plant Lift Station Pump Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/10/2010 dii NNW MMI MEW MN -33- 5 AGENDA MEMORANDUM AGENDA ITEM: May 18, 2010 a. Motion authorizing the City Manager to execute a Deferment Agreement with N.M. Edificios, LLC, (Developer), in the amount of $714,634.80 for public improvements including construction of water and wastewater improvements for L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b) , contingent upon receipt of a Letter of Credit approved by the City. b. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, developer of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 10 -inch collection line, including all related appurtenances c. Motion approving the Water Grid Main Extension Construction and Reimbursement Agreement submitted by N.M. Edificios, LLC, developer of L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, for the extension of a 12 -inch grid main line, including all related appurtenances; and d. Ordinance appropriating $296,483.86 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse N.M. Edificios, LLC, for the extension of an 12 -inch grid main line, including all related appurtenances for development of L & F Subdivision Lot 1, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: N.M. Edificios, LLC, developer of L & F Subdivision Lot 1, submitted deferment agreement documentation to defer construction of water and wastewater improvements required of L & F Subdivision Lot 1 in accordance with the Platting Ordinance, Section V — Required Improvements, Subsection A. 3. b). The developer will also be extending off -site water and wastewater lines to serve the proposed development and has requested reimbursement of qualified construction costs, as provided for in the City's Platting Ordinance. REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a deferment agreement and approve sanitary sewer and water Grid Main reimbursement agreements with N.M. Edificios, LLC, (Developer). Council approval of the ordinance appropriating the funds to reimburse the developer. City Council Agenda Memorandum L & F Subdivision Lot 1 Page 2 CONDITION: Developer must post a letter of credit with the City in the amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. Developer must also construct the 10 -inch wastewater line and the 12 -inch water line within the next 12 months. RECOMMENDATION: Staff recommends approval of the motions and ordinances as presented. Juan Perales, Jr., P.E. Assistant City Manager Departments of Engineering and Development Services Email: JohnnyP @cctexas.com Telephone: (361) 826 -3828 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Background Information Location Map Plat - L & F Subdivision Lot 1 Water and Waste Water Improvements Cost Estimate Deferment Agreement Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Grid Main Extension Construction and Reimbursement Agreement Ordinance - Ordinance appropriating $296,483.86 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund H:\PLN -DIR \SHARED \PROJECT MANAGER WORKING DOCUMENTS\JULIO ALL PROJECTS \L_F DISTRIBUTINGIAGREEMENTS \FINALS\COUNCIL AGENDA MEM0.5- 11-10.2.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of L & F Subdivision Lot 1 (Exhibit C) require the developer to construct public improvements for L & F Subdivision Lot 1. The Developer's project schedule requires the concurrent construction of vertical and infrastructure improvements. This will require recordation of the of the Subdivision Plat prior to construction of the required infrastructure (deferred improvements). The deferred public improvements include the construction of water and wastewater public improvements (Exhibit D). Construction plans for the public improvements were submitted and approved by the Development Services Department. The Planning Commission, at its May 12, 2010 meeting, reviewed a variance request from Section V. A. 3. b) (2) of the Platting Ordinance that requires each lot to be provided with operable water and sewer services at the time of Plat recordation. The Planning Commission approved the variance in order for the developer to meet its construction timeframe and the extension of water and sewer services were included in the proposed deferment agreement. The Planning Commission reviewed and recommends the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to provide a Letter of Credit in the amount of $714,634.80 in the form of an acceptable financial document. This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and N.M. Edificios, LLC allows the Developer to defer the construction of the required improvements, which is required to be 75% complete for plat recordation, for a period of up to one (1.) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop L & F Subdivision Lot 1 The Developer will be extending an off -site water and wastewater line to serve the proposed development. The waterline extension will be that of a Grid Main and thus, the construction costs for the waterline extension maybe 100% reimbursed from the Water Arterial Transmission & Grid Main Trust Fund. The total construction cost for the water Grid Main will be $340,367.00 which is all reimbursable, less the acreage fees, because the line will be part of the Water Grid System. The construction costs for the wastewater line extension are greater than the required wastewater acreage fees. The total cost of the wastewater extension equal to $309,301. The acreage fees due by the development are $47,901.98. The maximum allowable reimbursable amount is $239,509.90 as per Platting Ordinance Section V.B.6.f) (2). The remaining balance of $191,607.92 is what the Developer is requesting to be reimbursed. The reimbursement agreement (Exhibit G) will reimburse the Developer an amount not to exceed $191,607.92 provided the extension is completed with the next 12 months. EXHIBIT A H:\PLN- DIRISHARED \PROJECT MANAGER WORKING DOCUMENTSIJULIO ALL PROJECTS \L F DISTRIBUTING\AGREEMENTS \FINALS \COUNCIL AGENDA MEMO.BCKGRND INFO.DOC AGNES ST tr. S. BOCKHOLT RD W (1) vir 1111111111 N1111II11 0 T w Q ( z Development Servic 11 !Il I� 1 1 ■■■ IMP ■■■ S. BOCKHOLT RD S_ D gum [ r o Antonio Lomantio, Principal of N.M. Edificios LLC -41- Notary Public In and for 0 § I EXHIBIT C Page 1 of 2 ui \ \ \ \ 7 We \ \ a 00 \ \ s W U 8, 0 a o \ \ g r4=i ▪ Z • O O \ \ ° O G 9 �° w x \ \ ill s oo ^o „ 0W Z O224 \ \ \ \ Ari Z z Z \ 0^ W W \ \ CC N \ \ 3NI1 .una 1S 31V1S \ \ 0, La co 00 • N N. 0^ ��o r V)� N W m vQ ce 8U cn W CC 0 mCO w Z Lri ono ^0`4 w W-Z p r zzz mw ww Q 0, 0 H H rrl Page 2 of 2 SHEET OF2 w , 1 5 0 1 50: — )4NV9 H0110 30 d01 .L1 :900L M ,St.84.00 N —49— Iv? N ON 11oH)looa 9, t6 9, 1 Z Lan Oc, 53n a. 2 Di .L NSn11 - 3 M oa OOOMHSVIO •S M is wrctpmns 050 M 55 v v 4J 413 W CC W U. w CI. U1 Exhibit D U 501 soe soe 1 oa aooMHav1P •S Row • a U —43— 1:2fly iDA c1 L& C7 NO' 0!401 PRELIM NAR ! ESTIMATE OF PROBABLE CONSTRUCTION COST SCR 26 PVC Description Total Price PVC Wastewater Une 493 LF 323 Lc R LINE SUBTOTAL CONTINGENCIES 10% S251:,O9LOO $255,109.50 ENGINEERING DESIGN (8%) TOPOGRAPHIC SURVEY (2%) TESTING (1%) PERMITS ('t %) PROJECT TOTAL $3 ALLOWABLE REIMBURSEMENT (SECT VFB.6.E) (2) LESS ACREAGE FEES TOTAL REIMBURSEMENT REQUESTED $139,fiff.92 Exhibit E Page 1 of 2 Arch' l6ctsK tl142.0Etfew Buiicang GARY STIMATE PRO! IMAM MERIN MOM MEM CONSTRU' 5,479 IBM MR MEM NEI 170 10 ONC Unit Price $3O;8O .QE RO X SUBTOTAL MERCIES (10%) TO :1' 2%. Q0 .. 3,5OQ.00 TOTAL PRC TOTAL LESS ACREAGE FEES TOTAL RE rAENT .F Exhibit E Page 2 of 2 42 . B:lir 5t1� 1i7Y8iLktsE±SCCS; :Efi�T 8t@3Y6 w $ fl34tmet25.acF3x -45- DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Deferment Agreement, (hereinafter "AGREEMENT ") is entered into between the City of Corpus Christi, Texas, a Texas Home Rule Municipality, (hereinafter "CITY ") and N.M. Edificios, LLC, (hereinafter "DEVELOPER "), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of L &F Subdivision Lot 1 (the "plat "), which was approved by the Planning Commission on November 11, 2009. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the DEVELOPER is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements, before the final plat is endorsed by the CITY'S Engineer. Detailed construction drawings must be provided by the DEVELOPER and approved by the CITY'S Departments of Development Services and Engineering prior to the start of construction; WHEREAS, the DEVELOPER is seeking to defer, for a period up to one year, the construction of the water and wastewater improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the CITY'S Platting Ordinance; WHEREAS, the DEVELOPER is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy -five percent (75 %) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the DEVELOPER will deposit, with the CITY, a letter of credit, in the amount of $714,634.80, representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; WHEREAS, the CITY Attorney and Director of Finance have approved this transaction; WHEREAS, the DEVELOPER has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the DEVELOPER is entering into this AGREEMENT as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; NOW, THEREFORE, for the consideration set forth hereinafter, the CITY and DEVELOPER agree as follows: 1. The CITY shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the CITY Page 2 of 5 Deferment Agreement N.M. Edificios and City Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the DEVELOPER to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this AGREEMENT. 2. The DEVELOPER agrees to deposit $714,634.80, in the form of an irrevocable letter of credit, for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit "3 ", which is attached to and incorporated into this AGREEMENT, with the CITY on or before the plat is filed with the County Clerk, and if the deposit is not made by that time, this AGREEMENT shall become null and void. The form of the letter of credit must be approved by the CITY'S Director of Financial Services. 3. The DEVELOPER shall construct the deferred improvements, in accordance with the CITY'S engineering standards in effect at the time of construction. 4. Upon completion of the deferred improvements by DEVELOPER within one (1) year from the date of this AGREEMENT, or later time as may be mutually agreed upon in writing by both parties, and upon acceptance of the deferred improvements by the CITY'S Engineer and upon compliance by the DEVELOPER with the remaining terms of this AGREEMENT, the City Engineer shall: a. Immediately release DEVELOPER from the obligations to construct the deferred improvements by mailing a Release Letter to: N.M. Edificios, LLC 3900 North McColl Rd. McAllen, TX 78501 b. Return to the DEVELOPER within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, any balance remaining of all monies received by the CITY from the DEVELOPER, including any interest earned. 5. If the deferred improvements have not been completed within one (1) year from the date of this AGREEMENT, or if the DEVELOPER fails to deposit any increased security as set out below, after notice to the DEVELOPER and opportunity to cure as stated in Paragraph 7 below, the CITY will call the letter of credit and transfer the money received, including any interest earned, to the appropriate CITY fund and the CITY may begin completion of the construction of the deferred improvements. If CITY constructs all or any part of the required improvements, the DEVELOPER shall reimburse the CITY for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate —47— Page 3 of 5 Deferment Agreement N.M. Edificios and City to complete deferred improvements within thirty (30) days after CITY completes the required improvements and bills the DEVELOPER. 6. The CITY and DEVELOPER agree that if the DEVELOPER formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the CITY from the DEVELOPER remaining on deposit, plus interest earned, will be released and immediately returned to the DEVELOPER. 7 If DEVELOPER defaults in any of its covenants or obligations under this AGREEMENT, the CITY'S Engineer will send the DEVELOPER and the Project Engineer written notice by certified mail, return receipt requested, advising DEVELOPER of the default and giving DEVELOPER thirty (30) days from date of receipt of the letter to cure the default. If the DEVELOPER fails to cure the default after receipt of the notice and opportunity to cure, the CITY'S Engineer may transfer any monies received and interest earned to the appropriate fund of the CITY to complete the deferred improvements. In the event there are any monies received by the CITY from the DEVELOPER, plus interest earned, remaining after the CITY has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the DEVELOPER, within sixty (60) days of the completion of construction of the water and wastewater improvements and settlement of construction contracts. 8. The CITY reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the CITY'S Engineer. 9. The DEVELOPER agrees that the CITY, after notice in writing to the DEVELOPER and Project Engineer, may accelerate payment or performance or require additional security when the CITY'S Engineer determines that the prospect of payment or performance is questionable. 10. The DEVELOPER covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11. The CITY'S Engineer, at DEVELOPER'S expense, shall file of record this AGREEMENT in the records of Nueces County. 12. No party may assign this AGREEMENT or any rights under this AGREEMENT without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord Page 4 of 5 Deferment Agreement N.M. Edificios and City with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This AGREEMENT shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The DEVELOPER further agrees, in compliance with the CITY'S Ordinance No. 17113, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached to this AGREEMENT as Exhibit 4. 16. This AGREEMENT shall be executed in triplicate, all original copies of which shall be considered one instrument. This AGREEMENT becomes effective and is binding upon, and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors and assigns, from and after the date that all original copies have been executed by all parties. 17. The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED in triplicate this day of , 2010. N.M. Edificios, LLC 3900 North McColl Rd. McAllen, TX 78501 By: Anthony La Mantia, Developer THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Anthony La Mantia, Developer, N.M. Edificios, LLC. Notary Public, State of Texas Page 5 of 5 Deferment Agreement N.M. Edificios and City CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary Angel Escobar City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2010, by Angel Escobar, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2010. Deborah Brown, Assistant City Attorney For the City Attorney unless otherwise noted. Juan Percales. Jr., P.E., Development Services Engineer S. BOCKHOLT RD W h- (/) \\ S. CLA K' 00 Antonio tamcntfa, Pdneipal of N.M. Edifkioe ILC The State Of Texas N aU XZ Z F- L_ �o o� W Z V)O N U EXHIBIT 1 a— 1 . 0 8a1 1 D 1 ii -.1 1 Z.' '''' 2 jE1011§ 1! c) il a 1111iiiiii 1 III V5 /I z u, 08 ...1 5; 1: ,. re (4 1 t< LL q <3* ▪ 0 co .ml ,..0. li . LL g7 rnr, 0 CC 0— 1 I. e- di Ce U-1 Z _j ▪ CO U 5 H Nu u cn0 atz M .ti,Jz u ce Ennz0 i tl 0- 4 txw 5-0§ ...I 00 0 rzwz ML0t 111: & Zzz a 1 1mw uu cc 0 M o 12 ilk 0 • . / .L V9-001.— M 4£.9.*X10, N ; , . I , . Lc, . . -- — '..f f2ei tE.P -52- SHEET OF2 EXHIBIT 1 TOPOGRAPHIC SURVEY (2%) TESTING (1%) PERMITS (1%) EA $7,a0c1 VF S45�00' EA $75000 EA $500000 LPIV witfiweni iwieweirt Lae oitibuiers New S imprcivemeits ()Jac!' NO: 090142.00 DATE: May 11 2010 PRELIMINARY ESTI TE OF PROBABLE CONSTRUCTION COST ty Sewer Extension 1 10" SIN 28 PVC Wastewater Lrie k19"-21') 2 10" SDR 26 PVC Wastewater Line (17'-19') 3 10" SDR 28 PVC Waterwater Urie (15*-17) 4 DeAstering 5 Trench Safet 6 5 Demeter Eibeigiass Manhole 7 5 Diameter Ebersitass MarMoie Extra Dept/ 8 10" Wastewater Pivg 9 Rehab Existing Manhole 426 LE 493 323 1.242 1,242 5 50 LF LF LF S13000 3115.00 610000 $3a00 35.00 $55,380,00 $58695 00 $3130000 137,280 00 16,210. $350000 32250000 3750 00 3500000 SEWER LINE SUB TOTAL 1251,095.00 CONTINGENCIES (10%) $25,10940 CONSTRUCTION SUB TOTAL 1216,204.50 ENGINEERIN DESIGN 5% $22, ADMINISTRATIVE SUB TOTAL 16,000.00 12,500.00 $2,100,IX 133,096.00 PROJECT TOTAL, $309,300.50 MAXIMUM ALLOWA/3LE REINIBURSEMENT (SECT VILS.F (2) /23 ,S09 .90 LESS AC:E. GE FEES ($4 TOTAL REIMBURSEMENT REQUESTED 1191,607.92 TAM tX)r4iMENT ES LEA 'O INFORMATX;IP.W. PIAPOSE19 UNDER 14e Atiwerry CF. AMN Piltegg4 P .005647, LW, ram PAM tiP •&,36$ on wo.-0 ti keTrrble ri scpwooe.00turt lottocees, Exhibit 3 Page 1 of 2 WHOA 42,00 New eitikg Site lreeteVernereekCat 16w & froPrOpoted Estkezees OF PROBABLE CONSTRUCTION COST 2'R Gates Val Fre Hytt;embty 12" x 12" Tapping Sleeve and Vale ON {iENC ES (iO% ) $27,724,50 CONSTRUCTION TOTAL, 5304,959.51 k I t4'E T POGRAPI~ TESTING (1% €I1 SURVEY (2%) .00 ,€ o .00 SUB TOTAL PROJECT TOTAL Exhibit 3 Page 2 of 2 42. Eat CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See reverse side for definitions. FIRM NAME: STREET: CITY: ZIP: FIRM IS: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the.names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type of Print) Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City }< Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but nE as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and wheth established to produce or deal with a product or service, including but not limited to, entities operated in the forr of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant Cit Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "AGREEMENT ") is entered into between the City of Corpus Christi ( "CITY "), a Texas Home -Rule Municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and N.M. Edificios, LLC, ( "DEVELOPER "), 3900 North McCoII Road, McAllen, Texas, 78501. WHEREAS, DEVELOPER in compliance with the CITY Platting Ordinance, has filed a plat, approved by the Planning Commission on November 11, 2009, to develop a tract of land of approximately 32.41 acres called L & F Subdivision Lot 1, located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, as shown in Exhibit 1, attached; WHEREAS, under the Platting Ordinance, the DEVELOPER is responsible for construction of Sanitary Sewer Collection Line Extension ( "Collection Line Extension "); WHEREAS, under the Platting Ordinance, the DEVELOPER is eligible for reimbursement of the DEVELOPER's costs for the construction of Collection Line Extension; WHEREAS, it is to the best interest of the CITY that Collection Line Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Collection Line Trust Fund as per the Platting Ordinance, Section V.B.6.f)(2)(ii)(4)(a); and WHEREAS, DEVELOPER has submitted an application for reimbursement of the costs of installing the Collection Line Extension, see Exhibit 2, attached; NOW, THEREFORE, for and in consideration of the mutual covenants in this AGREEMENT, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The DEVELOPER shall construct the Collection Line Extension, in compliance with the CITY's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 2 of 8 2. PLANS AND SPECIFICATIONS a. The DEVELOPER shall contract with a professional engineer, acceptable to the CITY's Development Services Engineer, to prepare plans and specifications for the Collection Line Extension, as shown in Exhibit 3, attached, with the following basic design: 1. Install 1242 linear feet of 10 -inch PVC sanitary sewer collection line; 2. Install five 5 -foot diameter fiberglass manholes; 3. Safety Trenching; 4. Rehab of one existing manhole with fiberglass liner; 5. One 10 inch waste water plug; 6. Approximately 1242 linear feet of dewatering; 7. One 5 ft. fiberglass manhole — extra depth; b. The Collection Line Extension must begin at the east property line of L &F Subdivision Lot 1 and extend west approximately 1242 feet to an existing manhole located on the west side of Clarkwood Road. From the existing manhole, the Collection Line Extension extends east along the future easement approximately 1242 linear feet and terminates at the east property line of L &F Subdivision, Lot 1. c. The plans and specifications must comply with CITY Standard Wastewater Detail Sheets and Standard Specifications. d. Before the DEVELOPER starts construction the plans and specification must be approved by the CITY's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the Collection Line Extension, DEVELOPER shall acquire and dedicate to the CITY the required additional utility easements ( "Easements "), if necessary for the completion of the Collection Line Extension. If any of the property needed for the Easements is owned by a third party and DEVELOPER is unable to acquire the Easements through reasonable efforts, then the CITY will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES DEVELOPER shall pay to the CITY of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Collection Line Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Sanitary Sewer Collection Line Extension Construction and Reimbursement Agretment Page 3 of 8 DEVELOPER shall award a contract and complete the Collection Line Extension, under the approved plans and specifications, by June 30, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this AGREEMENT. If this AGREEMENT calls for review or inspections by the CITY, then the CITY's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. DEVELOPER fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. DEVELOPER's professional engineer fails to submit the plans and specifications to the CITY's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. DEVELOPER fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. DEVELOPER's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. DEVELOPER's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2011. f. Either the CITY or DEVELOPER otherwise fails to comply with its duties and obligations under this AGREEMENT. 9. NOTICE AND CURE a. In the event of a default by either party under this AGREEMENT, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 4 of 8 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should DEVELOPER fail to perform any obligation or duty of this AGREEMENT, the CITY shall give notice to DEVELOPER, at the address stated herein, of the need to perform the obligation or duty, and should DEVELOPER fail to perform the required obligation or duty within 15 days of receipt of the notice, the CITY may perform the obligation or duty, charging the cost of such performance to DEVELOPER by reducing the reimbursement amount due DEVELOPER. e. In the event of an uncured default by the DEVELOPER, after the appropriate notice and cure period, the CITY has all its common law remedies and the CITY may: 1. Terminate this AGREEMENT after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the DEVELOPER under this AGREEMENT and charge the cost of such performance to DEVELOPER. DEVELOPER shall pay to CITY the reasonable and necessary cost of the performance within 30 days from the date DEVELOPER receives notice of the cost of performance. In the event that DEVELOPER pays the CITY under the preceding sentence, and is not otherwise in default under this AGREEMENT, then the AGREEMENT shall be considered in effect and no longer in default. f. In the event of an uncured default by the CITY after the appropriate notice and cure period, the DEVELOPER has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this AGREEMENT means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this AGREEMENT, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 5 of 8 11. NOTICES a. Any notice or other communication required or permitted to be given under this AGREEMENT must be given to the other Party in writing at the following address: 1. If to the DEVELOPER: N.M. Edificios, LLC 3900 North McColl Road McAllen, Texas, 78501 2. If to the CITY: CITY of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by this paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY DEVELOPER's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the CITY is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS DEVELOPER shall require its contractor for the construction of the project, before beginning the work, to execute with DEVELOPER and the CITY a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY DEVELOPER shall fully warranty the workmanship of and function of the Sanitary Sewer Collection Line and the construction of the Sanitary Sewer Collection Line for a period of one year from and after the date of acceptance of the facilities by the CITY Engineer. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 6 of 8 15. REIMBURSEMENT a. Subject to the appropriation of funds, the CITY will reimburse the DEVELOPER 100% of the reasonable cost of the Collection Line Extension, not to exceed $191,607.92. See attached cost estimate (Exhibit 4). b. The CITY agrees to reimburse the DEVELOPER on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. DEVELOPER shall submit all required performance bonds and proof of required insurance under the provisions of this AGREEMENT. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the CITY. The CITY agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this AGREEMENT is terminated by the CITY, as a result of an uncured default by the DEVELOPER, at a time when there has been a partial completion and partial payment for the improvements, then the CITY shall only reimburse DEVELOPER for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the CITY up to the time that there is an uncured default by the DEVELOPER. 16. INDEMNIFICATION DEVELOPER shall indemnify and hold harmless the CITY, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Sanitary Sewer Collection Line Extension by DEVELOPER. 17. COVENANT RUNNING WITH THE LAND This AGREEMENT is a covenant running with the land, L & F Subdivision Lot 1 , a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the AGREEMENT are binding on and inure to the benefit of the DEVELOPER's successors or assigns. 18. ASSIGNMENT OF AGREMENT This AGREEMENT or any rights under this AGREEMENT may not be assigned by DEVELOPER to another without the written approval and consent of the CITY's City Manager. Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 7 of 8 19. DISCLOSURE OF OWNERSHIP INTERESTS DEVELOPER further agrees, in compliance with the CITY Ordinance No. 17110, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE This AGREEMENT becomes effective and is binding upon and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2010. N.M. Edificios, LLC ( "DEVELOPER ") 3900 North McColl Road McAllen, Texas, 78501 By: THE STATE OF TEXAS § COUNTY OF NUECES § Anthony LaMantia DEVELOPER This instrument was acknowledged before me on , 2010, by Anthony LaMantia, DEVELOPER, N.M. Edificios, LLC, on behalf of the corporation. Notary Public, State of Texas Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement Page 8 of 8 CITY of Corpus Christi ( "CITY ") 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 Telephone0361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa 'Angel R. Escobar CITY Secretary CITY Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by 'Angel R. Escobar, CITY Manager, CITY of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2009 Deborah Walther Brown Assistant CITY Attorney For the CITY Attorney W Ui zN Z 41 E 0 a 5. BOCKHOLT RD • IIII!IIII CLARKWOOD RD r/ Antonio Lamantia, Principal of N.M. Edificios LLC —66— z O O O z N N U XZ W Z H W L.o o� WZ r N0 W fn X Z F W �o o� U Z F o fn U KU S g Oci 1 €c N C `gi - 0 do U 4 > 2 i o §1 2 T2 111 ma r, gig m 19 Ct - E di a'i 1 EXHIBIT 1 0 a VI CC WZ CC a- < _I 00 N X C- O • 0 0 0 u- _z • w 0 0 z Z z 2 W LJUJ 4 4', 3H:1 1 \ 0\ 1 CI' M 4Z.Ftl'OCI N —6 7— t. (/) LCt ° o<O _■- cc Id Id 0 LJ Z 0_ p 0 uu u- 0 0 0 8 z z LJ djLd CC LL uJ w cr) 1111•■■■ EXHIBIT 1 Page 2 of 2 APPLICATION FOR SEWERLINE REIMBURSEMENT I, Anthony LaMantia developer of proposed L & F Subdivision Lot 1 Subdivision, hereby request reimbursement of $191,607.92 for the installation of the sanitary sewer main in conjunction with L & F Subdivision Lot 1 Subdivision, as provided for by City Ordinance No. . Said $191,607.92 is the construction cost, including engineering cost, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. Anthony LaMantia, Developer (Date) N.M. Edificios, LLC THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on , 20, by ,a Limited Liability Corporation, on behalf of the said corporation. Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit 2 -69- DATE; May 11. BY 1-4C PR It+,ARY ESTIMATE OF PROBAaLE CO NSTRUCTION COST Description Sanitary Sevier Ex fusion SCR 25 PVC Wastewater 1ne (19" 2 i' ?`2 LF SDR 26 PVC Wastewater Line (17` -15' 4 3- LF SDR 26 PVC Waterwater Lire (15'-17'} watering Trench Safety 5' Demeter F 1l.€I $30,00 537;2 SS is ' $6,210.00 $7.000,00 $22,500 5750, +'a< 6,000,00 SUB TOTAL 525 NOES 10 %) $251 ENGINEERING DESIGN (6%) TOPOGRAPHIC SURVEY (2 %) TESTING (1%) PERMITS (1%) $22 :x,00 $6,000.00 $2,500,00 52,50000 ECT TOTAL UNi A LOWABLE R RSEMENT (SECT V$ 6.F} E2) S ACREAGE FEES TOTAL REIMBURSEMENT REQUESTED 036142.3 Ntew E 2 Exhibit 4 7,! 1,37 :92 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See reverse side for definitions. FIRM NAME: STREET: FIRM IS: 1. Corporation 4. Association () ( ) CITY: 2. Partnership ( ) 5. Other ( ) ZIP: 3. Sole Owner ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type of Print) Signature of Certifying Person: Date: EXHIBIT 5 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 5 GRID MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Grid Main Extension Construction and Reimbursement AGREEMENT ( "AGREEMENT ") is entered into between the CITY of Corpus Christi ( "CITY "), a Texas Home -Rule Municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and N.M. Edificios, LLC, ( "DEVELOPER "), 3900 North McColl Road, McAllen, Texas, 78501. WHEREAS, DEVELOPER in compliance with the CITY Platting Ordinance, has filed a plat, approved by the Planning Commission on November 11, 2009, to develop a tract of land of approximately 32.41 acres called L & F Subdivision Lot 1 located on State Highway 44, west of Bockholt Road and east of Clarkwood Road, as shown in Exhibit 1, attached; WHEREAS, under the Platting Ordinance, the DEVELOPER is responsible for construction of Grid Main Extension; WHEREAS, under the Platting Ordinance, the DEVELOPER is eligible for reimbursement of the DEVELOPER's costs for the construction of Grid Main Extension; WHEREAS, it is to the best interest of the CITY that Grid Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by the City Council, from the Grid and Arterial Transmission Mains Fund as per Platting Ordinance, Section V.B.5.f)(1)(ii.)(4); and WHEREAS, DEVELOPER has submitted an application for reimbursement of the costs of installing the Grid Main Extension, see Exhibit 2, attached; NOW, THEREFORE, for and in consideration of the mutual covenants in this AGREEMENT, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The DEVELOPER shall construct the Grid Main Extension, in compliance with the CITY's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 2 of 8 2. PLANS AND SPECIFICATIONS a. The DEVELOPER shall contract with a professional engineer, acceptable to the CITY's Development Services Engineer, to prepare plans and specifications for the Grid Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 5479 linear feet of 12 -inch PVC water Grid main line. 2. Install 170 linear feet of 18" Bore & Casing. 3. Install 55 linear feet of 12" Bore. 4. Install eight (8) 12 -inch gate valves. 5. Install ten (10) Fire hydrant assemblies. 6. Install 12" x 12" Tapping Sleeve and Valve 7. Install one pavement repair b. The Grid Main Extension must begin at the intersection of Clarkwood Road and the south side of State Hwy. 44 Extending east along the south right -of -way of State Highway 44 to the intersection of Buckholt Road then extending south along the east right -of -way of Buckholt Road, for a total of approximately 5479 linear feet to an existing fire hydrant assembly. c. The plans and specifications must comply with CITY Standard Wastewater Detail Sheets and Standard Specifications. d. Before the DEVELOPER starts construction the plans and specification must be approved by the CITY's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, DEVELOPER shall acquire and dedicate to the CITY the required additional utility easements ( "Easements "), if necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and DEVELOPER is unable to acquire the Easements through reasonable efforts, then the CITY will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. DEVELOPER shall pay to the CITY of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Grid Main Extension. Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 3 of 8 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. DEVELOPER shall award a contract and complete the Grid Main Extension, under the approved plans and specifications, by June 30, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this AGREEMENT. If this AGREEMENT calls for review or inspections by the CITY, then the CITY's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. DEVELOPER fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. DEVELOPER's professional engineer fails to submit the plans and specifications to the CITY's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. DEVELOPER fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. DEVELOPER's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. DEVELOPER's contractor fails to complete construction of the project, under the approved plans and specifications, on or before June 30, 2011. f. Either the CITY or DEVELOPER otherwise fails to comply with its duties and obligations under this AGREEMENT. 9. NOTICE AND CURE. a In the event of a default by either party under this AGREEMENT, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. -75— Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 4of8 b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should DEVELOPER fail to perform any obligation or duty of this AGREEMENT, the CITY shall give notice to DEVELOPER, at the address stated herein, of the need to perform the obligation or duty, and should DEVELOPER fail to perform the required obligation or duty within 15 days of receipt of the notice, the CITY may perform the obligation or duty, charging the cost of such performance to DEVELOPER by reducing the reimbursement amount due DEVELOPER. e. In the event of an uncured default by the DEVELOPER, after the appropriate notice and cure period, the CITY has all its common law remedies and the CITY may: 1. Terminate this AGREEMENT after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the DEVELOPER under this AGREEMENT and charge the cost of such performance to DEVELOPER. DEVELOPER shall pay to CITY the reasonable and necessary cost of the performance within 30 days from the date DEVELOPER receives notice of the cost of performance. In the event that DEVELOPER pays the CITY under the preceding sentence, and is not otherwise in default under this AGREEMENT, then the AGREEMENT shall be considered in effect and no longer in default. f. In the event of an uncured default by the CITY after the appropriate notice and cure period, the DEVELOPER has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this AGREEMENT means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this AGREEMENT, then the party shall Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 5 of 8 give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent effected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this AGREEMENT must be given to the other Party in writing at the following address: 1. If to the DEVELOPER: N.M. Edificios, LLC 3900 North McColl Road McAllen, Texas, 78501 2. If to the CITY: CITY of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant CITY Manager Development Services b. Notice required by this paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. DEVELOPER's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the CITY is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. DEVELOPER shall require its contractor for the construction of the project, before beginning the work, to execute with DEVELOPER and the CITY a performance bond if the contract is in excess of $100,000 and a payment bond if Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 6of8 the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. DEVELOPER shall fully warranty the workmanship of and function of the Grid Main and the construction of the Grid Main Extension for a period of one year from and after the date of acceptance of the facilities by the CITY Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the CITY will reimburse the DEVELOPER 100% of the reasonable cost of the Grid Main Extension, not to exceed $296,483.86. See attached cost estimate (Exhibit 4). b. The CITY agrees to reimburse the DEVELOPER on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30- days from the date of the invoice. DEVELOPER shall submit all required performance bonds and proof of required insurance under the provisions of this AGREEMENT. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the CITY. The CITY agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this AGREEMENT is terminated by the CITY at a time when there has been a partial completion and partial payment for the improvements, then the CITY shall only reimburse DEVELOPER for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the CITY up to the time that there is an uncured default by the DEVELOPER. 16. INDEMNIFICATION. DEVELOPER shall indemnify and hold harmless the CITY, its agents, officers, and employees ( "Indemnitees ") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Grid Main Extension by DEVELOPER. 17. COVENANT RUNNIG WITH THE LAND. This AGREEMENT is a covenant running with the land, L & F Subdivision Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the AGREEMENT are binding on and inure to the benefit of the DEVELOPER's successors or assigns. Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 7 of 8 18. ASSIGNMENT OF AGREMENT This AGREEMENT or any rights under this AGREEMENT may not be assigned by DEVELOPER to another without the written approval and consent of the CITY's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS DEVELOPER further agrees, in compliance with the CITY Ordinance No. 17110, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE This AGREEMENT becomes effective and is binding upon and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of 2010. DEVELOPER: N.M. Edificios, LLC. By: Anthony LaMantia, Developer THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Anthony LaMantia, Developer, N.M. Edificios, LLC., on behalf of the corporation. Notary Public, State of Texas Grid Main Const. & Rmbrmt. Agreement N.M. Edificios and the City Page 8 of 8 THE CITY OF CORPUS CHRISTI: ATTEST: By: By: Armando Chapa 'Angel R. Escobar City Secretary City Manager THE STATE OF TEXAS§ COUNTY OF NUECES§ This instrument was acknowledged before me on , 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: This day of , 2010 FOR: Carlos Valdez, City Attorney BY: Deborah Walther Brown Assistant City Attorney for the City Attorney Juan Parales. Jr., P.E., Development Services Engineer S. eOCKHOLT RD w 1- iii S. CLARKWOOD RD L Antonio Lamont la. Principal of N.M. Edificios LLC a z 2 0 O 4 W (ryW W Z H I 0 O O� L Z NO 3 a 0 L 'mU � U dU _c "t H Commission Expiration Dote Notary Public In and for The N 0 0 cn W Page 1 of 2 Z cC — < U 0 _J 03 o ct. Z u-icc 0 o CC 0 0 0 .LJZ 18 8 zz z 1.11 UJLJ CC uj cn cy N0ce < CO N 0 CD •— z cc d g 28 r. 6' z \ L z \ %, a iii o \ \ a In g ". s. - el o 1- N u9 N tc),0 0 \ U.. 0 0 z c.) 0 _10 VUJZ • CC 0 0 0 0 IC 00 0 Lu "- • 0 0 Z Z LJ La la 1■MIIIMIMP r-I H PI H Page 2 of 2 APPLICATION FOR GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT I, Anthony LaMantia of N.M. Edificios, LLC developer of proposed L & F Subdivision Lot 1 Subdivision, herby request reimbursement of $296,483.86 for the improvements to the grid main waterline in conjunction with L & F Subdivision Lot 1 subdivision, as provided for by City Ordinance No. . Said $296,483.86 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. Anthony LaMantia, Developer (Date) N.M. Edificios, LLC THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on , 20_, by , a Limited Liability Corporation, on behalf of the said corporation. Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer EXHIBIT 2 —83— (Date) cC+ Err. L F DIsetutPrs New Btsifetng rE ECT N 42:fi DATE: MBy 11, 2010 BY. HC PRELIMi1 ARV ESTIMATE OF PROBABLE QI+tSi'RUCTI I COST la. Unit Price To PrI C- Wa er Lira 2 Pam Re 0 5 S30.i?t7 $1 ,37 $S,C 00 F o-25OE00 $42. 7 Ya Fire H 2 x 12 Tapping Sleeve artd V CA 0 A GONT N CONsTRt 8,00 SUBTOTAL $277,245. i+CIES (1O%) $27 724 TOT INEERING DESIGN (8° TC3 OGRAPH C SU TESTD4 PERMITS' 24,397.507 $ Q .00 $2,50,00 $3, 30.00. AAti tNt ATt� SUS TOTAL PROJECT TOTAL Exhibit 4 :42.0€1 New Building TOT/ ACREAGE t=a URSEtl IT REQU 4 3. CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA." See reverse side for definitions. FIRM NAME: STREET: FIRM IS: 1. Corporation 4. Association () ( ) CITY: 2. Partnership ( ) 5. Other ( ) ZIP: 3. Sole Owner ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type of Print) Signature of Certifying Person: Date: EXHIBIT 5 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 5 -87- Page 1 of 2 AN ORDINANCE APPROPRIATING $296,483.86 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE N.M. EDIFICIOS, LLC, FOR THE EXTENSION OF A 12- INCH GRID MAIN LINE, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF L & F SUBDIVISION, LOT 1, AS SPECIFIED IN THE WATER GRID MAIN LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $296,483.86 is appropriated from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse N.M. Edificios, LLC, for the extension of a 12 -inch grid main line, including all related appurtenances for development of L &F Subdivision, Lot 1, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement. SECTION 2. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of March, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: May 11, 2010. By. ieborah Walther Brown Assistant City Attorney For City Attorney Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM 1st Reading May 11, 2010 2 "d Reading May 18, 2010 Agenda Date: May 11, 2010 AGENDA ITEM: AN ORDINANCE GRANTING APPROVAL TO AEP TEXAS CENTRAL COMPANY, FOR THE PARTIAL ASSIGNMENT OF ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS TO ELECTRIC TRANSMISSION TEXAS, LLC. ISSUE: AEP Texas Central Company received approval from the Public Utility Commission of Texas in PUCT Docket 37574 to sell some transmission assets to Electric Transmission Texas, LLC ( "ETT "). AEP Texas Central Company and ETT are requesting City of Corpus Christi consent to the assignment of the franchise as it pertains to the transferred assets located within the City rights -of -way. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: Ordinance 028022 awarding franchise to AEP Texas was approved by City Council on January 13, 2009. FUNDING: None CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. Dry Zvi. Rudy Garza Director of Intergovernmental Affairs RudyGa©cctexas.com (361)826 -3082 TE March 23, 2010 SM Mr. Angel R. Escobar City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. Escobar: Kenneth W. Griffin Manager, External Affairs kwgriffin @aep.com (361) 881 -5828 (work) (361) 881 -5497 (fax) AEP Texas Central Company currently provides electric delivery service in the City of Corpus Christi. Electric Transmission Texas, LLC (ETT) is an affiliate of AEP Texas Central Company that was formed by subsidiaries of American Electric Power Company and MidAmerican Energy Holdings Company to construct, own, operate and maintain transmission facilities in the service areas of the AEP companies in Texas. In the near future, on or about March 29, 2010, AEP Texas Central Company plans to transfer certain transmission facilities within your city to the ownership of ETT. Texas Central Company also will transfer to ETT associated rights, permits, consents and rights -of -way related to the ownership, operation and maintenance of the facilities. The transfer of ownership was approved by the Public Utility Commission of Texas in PUCT Docket No. 37574. Notice of that proceeding was sent to you on October 26, 2009. The transmission facilities in your city that will be transferred from Texas Central Company to ETT include four (4) transmission lines, portions of which are located in the public rights of way of the city. The 11.5 mile McKenzie to Westside 138 kV line runs in a southeasterly direction from the McKenzie Substation along the Corpus Christi city limit boundary and then turns south crossing State Highway 44 (Agnes Street). The line continues south and then makes a 90 degree turn to the east, then turns southeasterly, and then turns again to the south paralleling Bockholt Road. After another 90 degree turn to the east, the line crosses McGloin Road before again turning southeasterly, crossing Old Brownsville Road. The line then turns to the northeast and into the Westside Substation. The 1.2 mile Citgo West to Weil Tract 138 kV line runs in an easterly direction from the Citgo West Substation generally paralleling Interstate 37 before turning in a southeasterly direction along Leopard Street and into the Weil Tract Substation. The 6.88 mile Lon Hill to Hearns Ferry to Upriver 139/69 kV double- circuit line runs in an easterly Mr. Angel R. Esc ;ob March 23.20 0 Page 2 direction from the Lon Hill Substation and generally parallels and makes one crossing of Interstate 37 before turning into the Upriver Substation. The 6.35 mile Upriver to Valero West to Valero East to Air Liquide to Highway 9 line is a 69 kV line that runs in an easterly direction from the Upriver Substation generally paralleling Interstate 37 before turning in a southerly direction and crossing Interstate 37. The line then continues south paralleling State Highway 358. The line then turns 90 degrees to the east and crosses State Highway 358 and into the Highway 9 Substation. A map is attached showing the approximate locations of the substations and the general course of the lines through Corpus Christi. Texas Central Company will retain all distribution facilities in Corpus Christi. ETT will operate and maintain the transmission facilities in the same location and manner (including the same safety standards) used by AEP Texas Central Company, and with the same personnel as have been used by AEP Texas Central Company in Corpus Christi. ETT will own only transmission facilities and will not provide distribution service to retail customers in your city. Further, because Texas law dictates that franchise charges be based on the amount of electricity delivered to retail customers within the city, this transaction will not affect the amount of franchise charges received by Corpus Christi. AEP Texas Central Company will continue to provide distribution service in Corpus Christi and pay the same amount of franchise fees. Please provide your acknowledgement and consent to the operation and maintenance of these facilities by ETT by signing both originals as indicated below, and returning a signed copy for my files. Thank you for your attention in this matter. If you have any questions or need additional information, please contact me at 361 -881 -5828. Sincerely, ■ Kenneth W. Gri Manager, External Affairs AEP Texas Central Company Concur: Date: Enclosure: Map Angel R. Escobar City Manager City of Corpus Christi, Texas -96- AN ORDINANCE GRANTING APPROVAL TO AEP TEXAS CENTRAL COMPANY, FOR THE PARTIAL ASSIGNMENT OF ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS TO ELECTRIC TRANSMISSION TEXAS, LLC. WHEREAS, AEP Texas Central Company, ( "AEP ") currently provides electric delivery service in the City of Corpus Christi ( "City ") under a franchise ordinance passed and approved by the Corpus Christi City Council on January 13, 2009 (the "Franchise "); and, WHEREAS, AEP on or about March 29, 2010, transferred ownership of certain transmission facilities within the City to Electric Transmission Texas, LLC ( "ETT "), an affiliate of AEP that was formed by subsidiaries of American Electric Power Company and MidAmerican Energy Holdings Company to construct, own, operate and maintain transmission facilities in the service areas of the AEP companies in Texas; and, WHEREAS, Article IX, Section 4 of the City's Charter provides that no franchise of the City shall be transferred by the holder thereof except with the approval of the City Council expressed by ordinance, which approval shall not be unreasonably withheld; and, WHEREAS, AEP and ETT desire City's approval of a partial assignment of AEP's Franchise to ETT covering certain transmission facilities within the City, as more particularly described and depicted in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Approval of Partial Assignment. Pursuant to Article IX of its Charter, City herby grants to AEP approval of a partial assignment of its Franchise to Electric Transmission Texas, LLC, covering certain transmission facilities within the City as more particularly described and depicted in the Exhibit A attached hereto and incorporated by this reference, contingent upon ETT's timely filing of written acceptance in accordance with Section 6 below. SECTION 2. Operation and Maintenance. ETT shall comply with all applicable terms and provisions of the Franchise respecting the transmission facilities owned within the City. H: \LEG- DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise — clean May 4 2010.docx _97_ SECTION 3. No Distribution Service. As ETT will own only transmission facilities within the City, it shall not provide distribution service to retail customers in the City. Further, because Texas law dictates that franchise fees be based on the amount of electricity delivered to retail customers within the City, the partial assignment of transmission facilities to ETT shall not affect the amount of franchise fees received by the City. AEP shall continue to provide distribution service to the City and pay the same amount of franchise fees calculated as set out in the Franchise. SECTION 4. Notices. All notices and communications to ETT shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the address set forth below. ETT may change its address by providing notice of same in accordance herewith. J. Calvin Crowder President Electric Transmission Texas, LLC 400 W. 15th St., Suite 800 Austin, TX 78701 -1677 Telephone: (512) 391 -2961 Fax: (866) 947 -1063 With copy to: Alexandra L. Hobbs Senior Corporate Counsel Electric Transmission Texas, LLC 400 West 15th Street, Suite 800 Austin, Texas 78701 Telephone: (512) 391 -6330 Fax: (512) 391 -2965 SECTION 5. Publication. Publication shall be made as required by City's Charter, with AEP to pay publication costs. SECTION 6. Acceptance. ETT shall file its written acceptance of partial assignment of the Franchise within 30 days after final passage by the City Council of the City. If the acceptance is not filed within such time, City's approval of the partial assignment shall be null and void. SECTION 7. Effective date. This ordinance shall be in full force and effect from and after its final passage and approval at two regular meetings of the City Council, its publication and ETT's filing of its acceptance thereof. H: \LEG- DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx _98_ PASSED, ORDAINED, APPROVED AND ADOPTED this day of , 2010. CITY OF CORPUS CHRISTI BY: ATTEST: Armando Chapa, City Secretary APPROVED AS TO FORM: May 3, 2010 Lisa Aguila , Assistant City Attorney For City Attorney Joe Adame, Mayor H: \LEG- DIR \Lisa\2010 AEP franchise Approval to Assign CC Franchise_clean May 4 2010.docx —99— EXHIBIT A Transferred Transmission Lines The transmission facilities in Corpus Christi that have been transferred from AEP Texas Central Company to ETT include four (4) transmission lines, portions of which are located in the public rights of way of the City. The 11.5 mile McKenzie to Westside 138 kV line runs in a southeasterly direction from the McKenzie Substation along the Corpus Christi city limit boundary and then turns south crossing State Highway 44 (Agnes Street). The line continues south and then makes a 90 degree turn to the east, then turns southeasterly, and then turns again to the south paralleling Bockholt Road. After another 90 degree turn to the east, the line crosses McGloin Road before again turning southeasterly, crossing Old Brownsville Road. The line then turns to the northeast and into the Westside Substation. The 1.2 mile Citgo West to Weil Tract 138 kV line runs in an easterly direction from the Citgo West Substation generally paralleling Interstate 37 before turning in a southeasterly direction along Leopard Street and into the Weil Tract Substation. The 6.88 mile Lon Hill to Hearns Ferry to Upriver 139/69 kV double- circuit line runs in an easterly direction from the Lon Hill Substation and generally parallels and makes one crossing of Interstate 37 before turning into the Upriver Substation. The 6.35 mile Upriver to Valero West to Valero East to Air Liquide to Highway 9 line is a 69 kV line that runs in an easterly direction from the Upriver Substation generally paralleling Interstate 37 before turning in a southerly direction and crossing Interstate 37. The line then continues south paralleling State Highway 358. The line then turns 90 degrees to the east and crosses State Highway 358 and into the Highway 9 Substation. A map is attached showing the approximate locations of the substations and the general course of the lines through Corpus Christi. AEP Texas Central Company will retain all distribution facilities in Corpus Christi. H:\LEG- DIR\Lisa\2010 AEP franchise\Approval to Assign CC Franchise_clean May 4 2010.docx —100— That the foregoing ordin, ce was read for he first time and passed to its second reading on this the 1/ day of Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick 42{ That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: , 2010, by the following vote: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: -7-ha, 4, 2010 By: Lisa Aguilar ssistant City Attorney for the City Attorney 7 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 10 AGENDA MEMORANDUM May 6, 2010 AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: May 18, 2010) Case No. 0410 -01 Mitchell Vicha and Courtney Urban Vicha -A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District resulting in a change of land use from a Vacant Agriculture use to a Single Family Residential Estate use on the property described below: A 3.00 acre property out of the Flour Bluff and Encinal Farm and Gardens Tract, Section 52, Lots 32 and 33, generally located southeast of Waldron Road, at 4121 Waldron Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (April 14, 2010): Planning Commission and Staff recommends approval of the "RE" Residential Estate District. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on an area consisting of 3.0 acres from the "F -R" (Farm - Rural) District to the "RE" (Residential Estate) District, for the development of a single - family home, barn, and pond. Site Existing Land Use: The subject property is currently vacant. Existing Zoning: The subject property is zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on Tots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. Proposed Zoning: The applicant is requesting a change in zoning from the "F -R" Farm -Rural District that requests a minimum lot area of five (5) acres to the Residential Estate District which provides for single - family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setback of 25 feet. The maximum number of units per acre is one (1), and the minimum lot width is 150 feet. dtV, Agenda Memo Case No. 0410- 01(Mitchell Vicha and Courtney Urban Vicha) Page 2 Jua Perales, Jr. .E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp(a cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —118— Case No.: 0410 -01 ZONING REPORT ril 14, 2010 : _, w .� t, •¢' ^ a A 9 - -_---- a - Applicant: Mitchell Vicha and Courtney Urban Vicha Owner: Same Representative: Dan Urban, Urban Engineering Address: 4121 Waldron Road, Corpus Christi, Texas Legal Description/Location: 3.0 acres out of Flour Bluff & Encinal Farm & Garden Tracts, Section 52, Lots 32 and 33, generally located southeast of Waldron Road, at 4121 Waldron Road. Zoning Request From: "F -R" (Farm - Rural) District (Minimum lot area five (5) Acres) To: "RE" (Residential Estate) District (Minimum lot area one (1) Acre) Area: 3.0 acres Purpose of Request: For the construction of a single - family home, barn, and pond. Zoning Existing Land Use Future Land Use Site "F -R" (Farm -Rural District Vacant Low Density Residential North "F -R" (Farm -Rural District Vacant Low Density Residential East "F -R" (Farm -Rural District Vacant Low Density Residential South "RE" (Residential Estate) District Vacant Low Density Residential West "F -R" (Farm -Rural) District Residential Estate Agricultural/Rural in the Flour Bluff Area uses, so the proposed "RE" (Residential Estate) Land Use Map which ADP, Map & Violations Area Development Plan: This tract of land is located Development Plan and is planned for Low - Density Residential change in zoning from the "F -R" (Farm- Rural) District to the District is consistent with the ADP and the adopted Future designates the area for Low Density Residential use. Map No.: 037027 Zoning Violations: None Staff Summary: Request: The applicant is requesting a change of zoning on an area consisting of 3.0 acres from the "F -R" (Farm - Rural) District to the "RE" (Residential Estate) District, for the development of a single - family home, barn, and pond. Site Existing Land Use: The subject property is currently vacant. Existing Zoning: The subject property is zoned "F -R" Farm -Rural District. The purpose of the "F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until infrastructure is available or planned to support higher density of development or, until a property owner requests rezoning. -1 1 9- Page 2 of 4 Applicant: Mitchell Vicha & Courtney Urban Vicha Case #: 0401 -01 Proposed Zoning: The applicant is requesting a change in zoning from the "F -R" Farm -Rural District that requests a minimum lot area of five (5) acres to the Residential Estate District which provides for single - family residential development of a spacious character on lots not less than one (1) acre. The minimum front yard setback is 50' with a minimum side and rear yard setback of 25 feet. The maximum number of units per acre is one (1), and the minimum lot width is 150 feet. Transportation and Circulation: The subject property is located on Waldron Road, which is classified as an A -1 Minor Arterial undivided right -of -way. Minor Arterials provide for citywide and inter - neighborhood traffic mobility, but function at a lower level then the Secondary Arterials. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2008 Waldron Road A -1 Minor Arterial 95 foot, 2 -lane right -of -way, 20' paved. A -1 Minor Arterial /95', 5 -lane NA Infrastructure Demand: ❖ Water: ❖ Wastewater: ❖ Stormwater: ❖ Gas: Public Safety: •S Police: ❖ Fire: ❖ AICUZ: The City of Corpus Christi has a 6 inch water line along Waldron Road. No wastewater lines exist. The nearest hookup line is located approximately 3,030 feet from the subject property on Yorktown. No stormwater lines exist. A gas line exists approximately 200 feet south of entrance to the subject property. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics indicate a decrease in the number of crimes reported, from 1261in 1993 to 839 crimes reported in 2005. The closest Fire Station is Station #13, located approximately 3.03 miles from the subject property at 1801 Waldron Road. The subject property is not within an Accident Potential Zone. —120— Page 3 of 4 Applicant: Mitchell Vicha & Courtney Urban Vicha Case #: 040 1 -01 Environmental Constraints: • Flood Zone: • Soil Type: • Wetlands: Zone C, areas of minimal flood hazard. Galveston and Mustang Fine Sands. 100% Drainage Capability: Somewhat excessively drained soils Depth to water table: 32 to 72 inches Frequency of flooding: Occasional Frequency of ponding: None. Freshwater Emergent Wetlands, (Class "PEMIC "), are shown to exist near the entrance to the site, and are characterized by erect, rooted, herbaceous hydrophytes, present for most of the growing season in most years, and dominated by perennial plants. Normally surface water is present for brief periods during the growing season, but the water table usually lies well below the soil surface. This wetland may have been filled in the past to construct that portion of Waldron Road because wetland maps indicate that a wetland on the subject property originally connected to the wetland that currently exists on the other side of Waldron Road further to the west. COMPREHENSIVE PLAN CONSISTENCY: Land Use b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today' s market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. Staff Comment: The applicant is proposing to develop the lot for single-family use which is consistent with the ADP and the Future Land Use Map low - density residential planning designation. Low - density residential development for this site would be consistent with what is currently present in the area. —121— Page 4 of 4 Applicant: Mitchell Vicha & Courtney Urban Vicha Case #: 0401 -01 AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: Flour Bluff POLICY STATEMENT B. 7 The City should continue to encourage large lot development in the southwest quadrant consistent with the existing development trend in the area and to preserve environmental qualities of the area. The southwest quadrant (bounded by the Cayo del Oso, Purdue Road, Barney Davis Power Plant, Flour Bluff Drive and Purdue Road) is characterized by a unique and sensitive natural environment. The City should support protection of this environment encouraging a continuation of the existing trend of large lots (1 acre or larger). Large lot development will help to protect the unique natural shrubbery, oak mottes, etc. in the area that would normally be lost as an area becomes developed. Large lot development is compatible as a buffer to the industrial use of the Barney Davis Power Plant which borders the south end of Flour Bluff. Staff Comment: The subject property is located adjacent to an area that the ADP designates as being "brushy" and worthy of protection through the establishment of large lot residential use which also provides a buffer to sensitive areas such as the Barney Davis retention area. STAFF RECOMMENDATION: Approval of the Applicant's request for a change in zoning to the "RE" Residential Estate District. PLAT STATUS: The subject property is not platted. PLANNING COMMISSION RECOMMENDATION: Planning Commission and Staff recommends approval of the "RE" Residential Estate District. Comments b Number of Notices Mailed 5 within 200 foot notification area; 2 outside notification area Favor — 0(inside notification area); 0 (outside notification area) Opposition — 0(inside notification area); 0 (outside notification area) (As of April 9, 2010) Attachments: 1. Site 2009 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Metes & Bounds —122— CASE. 0410 -01 1. SITE- 2009 AERIAL // S &4ect Ptvperti Refer to Map 2 for Ne4hborhood Exist» g Laird Use. A to availabk. at www.cctexas.com -123- SUBJECT PROPERTY At,faf ,gfit; CASE: 0410-01 2.a. NEIGHBORHOOD - EXISTING LAND USE 111 LDR Estate Residential -ER Low Dewily Res. • 1DR Atbd Dewily Res. - MDR El 110 DensAy Res. •NLIR Nbbik Home -Mi Want -VAC RofessionalOffEe -PO 111111 Commercial • CUM VAC 1011 light kdestriol • Li Ikavy kdestrial • Ili Rib* Serni.Public -PSP M Rea Lesinege Corridor • DC 1CP CossersotionPreservetion • CP n1 Meter Map Scale: 1:10.000 —1 25— SUBJECT PROPERTY Eff,-,14tvit eltrAl OR VAC ,120. CASE: 0410-01 2.b. SITE- EXISTING LAND USE abate Residential -ER Low DensAy Res. - LDR llIkd Density Res. - NO Densay Res. -HDR liable Home • MI Vacant -VAC Professional Office • PO 1111 Commercial -COM tight industrial -LI fria Davy Industrial -HI MI Public Semi-Public -PSP Park Drainage Corridor -DC Contervation/Preservation • CP 71 Water Map Scale: 1:2,400 -127- SUBJECT / PROPERTY i‘f dr*F• 2d1 VAC CASE: 0410-01 3. SITE- FUTURE LAND USE Ag liarallRaral • AR Estate Residential • ER LowDiyRs. -LEY? AIM Densay Res. • MDR Densrly Res. -MR • tbme Vacant •VAC AofssioiiaI Office - PO Co 'clef -COM Transportation Plan Expressways FE12312 zwassxta meriais Colectors •4 Parkway Railroad .111 Tourist • 7OR ReSearckaisittess • RBP Liglit industrial -LI Homy industrial -HI Publk Semi-Publk PSP IM Pm* Drainage Corridor •DC Dredge Placement • 03 El Vtlater T-C-V Cornervadon/Preservation • CP 1131 1121 ES7, Map Scaie: 1:2,400 ILOCATON MAP • TRAIL BLAZER ADD 0r F -R 1 c YDR#(T R -18 D ' .< ITS ANNE. SUBJECT /PROPERTY TRAIL BE AZER ADD 0 1 3 400 800 et CASE. 0410 -01 4. SITE - EX'ISTING ZONING. NOTIC'E AREA OWNERSHIP' - -1 -i. Went H •ace DI: 111 ? -1 Daltnen, H are DI: 11/ ,pas tntnl H are DI: 111 -1 Prc *::lav1.) Ice DI:11 1 =T - i!aflnent- Tall:l DI :11:1 6.1 Neill* 11c.)1 6u:Ux:: DI: 111 Htlg11. :lhi a1 1u:llx:: DI:111 6- 6.Y't•311641:111E : DL'1P:1 6 -2, . tank' 1:121.1 : DI :111 6•a 6uax:: DI: IItI 6 -s Genial 6t1:Hx:: DI:11:1 1 -n PUraalp Iu:llx:: DI: 111 14 PiImar, 6u:hx::•: cre Di alcl 6D 4a1'u: •:111:I leach De:IIn DI: 1. F -P Farm Pual D1 ;111 H•: HI: laI I 11.1a1 Landinali 11 Uhl kd Irlu:1 1:1 Dla'I:I I•_ UI1111livalal DI at:I h1 Xer v I Iua61101:Yki PUD P1 *.I UPC De.elq.b.tiNI P. 1:. Cu* Fae D'A'Nllo 01: 11:1 P -11 •31x Fah. Si D wellltil DI :111 P. IC •31x Faml/ Dwelling DI: 11:1 P -3 C111101e D'A *IIbb D:•11 P -. eine Fain ly DvdIhp DI: 111 PE Pe:WeflIil E: la* DI: IC P-TH TYAIriaI;e D .*IIW DI:1P :I :P ;j.relal PeU+HI T- I,. Tlave1T1a1I I Pa F. DI: IIcI T 16 Gantna:1.1e•1 Hane Part. DI:: 111 T I•: P.Imtncc kw! Xuna:16d1'.t :tat DI: 11:1 ��l :l�•�: ti4�r t.. ��lt:'y1:4•:�: t��.Jl��: l`'!S IL +_}r_:,4flON MAP -131- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0410 -01 Name: Mitchell Vicha and Courtney Urban Vicha I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 5 Returned undeliverable: 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 2 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 1-1:\PLN -DIR \SHARED \1. Planning Commission \2010 PC\2010 Public Comments \0410 -01 Mitchell Vicha and Courtney Urban Vicha. -133- ▪ n CO CI 0 R P 22 O O 9 N u u u Pn n n S S T = RIDING CENTER INC 4121 WALDRON ROAD 1151UHD SfldNO0 5 880900010040 TINKER CAROLYN A 3AV NVWNfld 0105 OVOU NO801VM 1Zib O 0 0 0 0 01 9 7:17n of C C C C In n to n 2• '. 2 2 x A p A A Wi -( -i D O m 1 Z5S380OV N N -i -1 H -I -I -i -I -i In n 4 X - X X X X X X X X X N C m m Z J P 0 O V V V V V V V V V V N H co m W m m 0000000000 S J .A. 0 O A V O .A+ Fa 0 A I.+ 0 m W A A CO A N CO A m .+ T 9 fn C C C C Z D A A A 0 T 1 m r 0100=�'C f• E N E E E K m mp r T T O I > < a R0 O m m m in 2 0 2 2 2 n _nnn;o • O W 3 3 3 g o 0 0 0 0 O A 0 0 0 2 m Z Z Z A ti 1 -♦ -I G n n O 01 N W H q V D V N n. L., N N N x co O C o n ,' C -I C h -i r- -1 0 C I W In W to Q W In W m P12-.7.-1 W W W N N N N N 0 W N W � to � n NN 8. � N � D to A p a 0 A A m 0 m D .N+ N Ol Om0 l0 N W W N O W A N V N O W N W W O V O A A-- O V O 440 G A In O A O O O O O O n A A A A A A 0 0 0 0 0 0 01 O 0 0 0 0 0 2 ...... 0 AMENDED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall April 14, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services /Planning Lisa Wargo, Senior City Planner Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Deborah Brown, City Attorney Elizabeth Johnson, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0410 -01: Mitchell Vicha and Courtney Urban Vicha — A change of zoning from the "F -R" Farm -Rural District to the "RE" Residential Estate District 3.00 acre property out of the Flour Bluff and Encinal Farm and Gardens Tracts, Section 52, Lots 32 and 33, generally located southeast of Waldron Road at 4121 Waldron Road. Ms. Lisa Wargo, Development Services, presented the above stated case via Powerpoint. Ms. Wargo stated the applicant was Mitchell Vicha and Courtney Urban Vicha. The applicant is requesting to rezone 3.0 acres from "F -R" (Farm - Rural) District to "RE" (Residential Estate) District for the construction of a single - family home, barn, and pond. The Aerial Map shows the subject property is generally located southeast of Waldron Road, at 4121 Waldron Road. The property zoning map shows the existing "FR" zoning onsite and the surrounding zoning districts which are; North "F -R" (Farm -Rural District East "F -R" (Farm -Rural District South "RE" (Residential Estate) District West "F -R" (Farm - Rural) District The Site Existing Land Use Map shows the vacant use on the subject properties and the surrounding existing land uses which are; —135— Planning Commission Minutes April 14, 2010 Page 2 North Vacant East Vacant South Vacant West Residential Estate "F -R" Farm -Rural District allows areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures, but does require all single family uses to be located on lots with a minimum of five acres in size. "RE" Residential Estate District allows for single - family residential development of a spacious character on lots not less than one (1) acre. The Site Future Land use map shows the subject property as being planned for low- density residential uses, and the surrounding properties being planned for which are; North Low Density Residential East Low Density Residential South Low Density Residential West Agricultural/Rural Department Comments The applicant is proposing to develop the lot for single- family use which is consistent with the ADP and the Future Land Use Map low- density residential land use designation. Low - density residential development for this site would be consistent with future land use. The subject property is located adjacent to an area that the ADP designates as being "brushy" and worthy of protection through the establishment of large lot residential use which also provides a buffer to sensitive areas such as the Barney Davis Power Plant retention area. Staff recommends approval of the applicant's request to rezone the property to the "RE" Residential Estate District. There were 5 notices mailed out within the 200 ft. property radius, 2 outside the radius. We received zero (0) in favor and zero (0) in opposition; therefore the 20% rule has not been invoked. The property is not platted and there have been no recorded Code Enforcement violations reported onsite. In response to Commissioner Skrobarczyk's question, Lisa Wargo, Development Services, stated "ADP stands for Area Development Plan." In response to Commissioner Skrobarczyk's next question, Farcye Goode - Macon, Development Services, stated, "Low- density residential means minimum lot area of 6,000 square feet. Commissioner Skrobarczyk asked if the Air Installation Compatibility Use Zone (AICUZ) areas will be enlarged in the future. In response to Commissioner Skrobarczyk's third question, Johnny Perales, Development Services stated, "We were anticipating that the AICUZ areas may be enlarged in the future based on the information that we received from the Military regarding the proposed change in the planes used for training, but we don't have the specifics on that." -136- Planning Commission Minutes April 14, 2010 Page 3 Public hearing was opened by Chairman Garza. Matthew Bussard came forward and stated his name and address at 4101 Waldron Road. Matthew Bussard stated he lives across the street and bought his home in 1980. He and five other houses on the other side of the road that have five acres did not get a notice. Matthew Bussard stated, "It's more of a quiet countryside neighborhood with a lot of land between each neighbor and there is also a 30 acre riding stables in the area, which gives him space to ride his horses. With this request for the change of zoning in this area, it now feels like it's going to be more of a city -like neighborhood than countryside and is also concerned about not having enough room for his horses." He also mentioned the sign that was posted for this hearing was 50 yards down from the resident's homes and unless you work for CPL, then you won't be able to see that posted sign. The only reason he found out about this hearing is because he is friends with the applicant's parents. Matthew Bussard stated it was not fair that he and his five other neighbors did not get a notice. He is not against this 3.00 acre property being built, he just doesn't want a lot of other properties being built in this area because then it would be a crowded and noisy neighborhood since it is requested by the applicant to change the zoning from "F -R" Farm Rural to "RE" Residential Estate. He stated, "I like my quiet neighborhood just the way it is and would prefer not to change it." In response to Mr. Bussard's statement, Faryce Goode - Macon, Development Services stated, "Texas State Law requirement of notifications for a change of zoning request is a 200 ft. radius. Your property did not fall within the 200 ft. radius. Those who were in 200 ft. radius were the five landowners who own businesses in that area and the sign that was posted is not state required, it is done as a courtesy notice. Therefore notifications were done properly." Matthew Bussard stated, "If the law requires notifications to be sent out in the 200 ft. radius and they post a sign in that radius out of courtesy, but homeowners are still not able to see that sign, isn't that kind of a back run deal if homeowners didn't get the message ?" Mr. Bussard also stated it was not fair that he did not get a notification. Chairman Garza stated, "The State law is based on what is reasonable. It may not be fair, but that is what the State Law requires. Actually, these applicants have every right to purchase the 3 -acre lot as you had every right when you purchased your 5 -acre lot in 1980." However, we will make a staff recommendation to City Council about your complaint. In response to Vice - Chairman Huerta's question, Faryce Goode - Macon, Development Services, stated, "F -R" Farm -Rural District minimum amount size for development is five acres. The applicants only have 3 acres. South of this lot is already "RE" Real Estate District, so someone already has "RE "zoning on Waldron Road, which is south of the property that is currently requesting for the change of zoning. Therefore, it would be possible that all of the area could some day be rezoned to the "RE" Residential Estate District. Matthew Bussard stated, "I just don't want to wake up 20 years later and find twenty -five, 1 -acre trailer homes moved in my neighborhood. In response to Mr. Bussard's statement, Deborah Brown, Legal Department, stated "If that was the case, then you would get a notification because you would fall in the 200 ft. radius. Faryce Goode - Macon, Development Services, stated that trailers require a separate district of their own. —137— Planning Commission Minutes April 14, 2010 Page 4 Commissioner Martinez suggested for Mr. Bussard and his neighbors to come to City Council Meeting when this case is being presented and voice their opinions to the City Council Committee. Chairman Garza asked if there was anyone else who would like to speak on this case. Dan Urban, Representative for Mitchell and Courtney Vicha, came forward and stated his name and company name, which is Urban Engineering. He also stated his address at 2725 Swantner Drive. Dan Urban, stated, "I want to clarify that the riding stables is not 30 acres, it is 60 acres or probably more. The property would be 400 ft away from the road. Like Matthew Bussard's 5 acre lot, it is going to have riding horses, nice driveway, grass, and a small pond with a fence built around it. Generally, it is going to be a nice slab foundation home with a big lot for young children to grow up in. The owners want to live in a countryside area that is close to the city. This property is what the owners are looking for. The other lots in the area are 2 acre lots; this is a 3 acre lot. Those might expand in the future, but at this point in time the rear of this property is blocked off for potential development of new property being added. Chairman Garza asked if there is anyone else who would like to speak on this case. No one came forward. Public hearing was closed. Motion to approve the "RE" Residential Estate District was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. H:\PLN- DIR\SHARED\ZONING \Planning Commission \ Agendas\2010 \4 -14 -10 Agenda.doc -138- State of Texts oJ1lnt D N iiecc:es Febnlari 11.592ED job No. a r /3S.AL00 it ie dnutes for a 3.00 acre tact of land (not based on an on- the - ground survey) out of Lots 32 and 33, Section 52, Flour B l ?? f and I nc +ral Farm and Garden Tf acts, a map of which is recorded in Volume(( A, Pages 41-43, Map Records ofNueces County, Texas; said 3.00 acre tract being lnore fully described by metes and botmds as follows: Beginning at a point (no monumentation found or set) on the centerline of Waldron Road 1, a 40 foot wide public roadway, for the northwest corner of this tract, from which corner the southwest corner of Lot 17, said Section 52 and the northwest corner (no rnonumentation found or set) of said Lot 33 bears North 28 °58'00" East, with said centerline, a distance of 1085.05 feet; Thence, along the north boundary of this tract, as follows: South 61°00'00" East, a distance of 26.84 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 62 °02'47" East, a distance of 37.83 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 62'26'18" East, a distance of 53.42 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 70 °23' 19" East, a distance of 47.27 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 87°14'14" East, a distance of 61.97 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 88 °29'27" East, a distance of 44.16 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 89 °34'03" East, a distance of 39.60 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; • North 68 °31'49" East, a distance of 57.27 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; °33' 5�0" East, distance of A9 97 A set - 8 h ' with red North 65 �J .,+. , -.a5i, a �iS+uex�,.... � •-rte. � �vwa. to a sei;; /es inch i'a3i3 rod �vii.� ieli plaSiC cap labeled "Urban End'. C.C. Tx "; North 66 °40'25" East, a distance of 43.60 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; North 81°45'02" East, a distance of 48.78 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 88°07'59" East, a distance of 72.18 feet to a set 5/8 inch iron rod with red plastic cap Labeled "Urban Engr. C.C. Tx. "; South 84 °53'38" East, a distance of 71.08 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 79 °49'41" East, a distance of 4 7.4 7 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; South 82 °51'28" East, a distance of 49.87 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx. "; (361)854 -3101 2725 SWANTNER DR. ° CORPUS CHRISTL,TEXAS 73404 S:'\ \Surveying \.37735-0001 \0001 \court FN37735A v vwi: e6i nacom 7g4 rm #145 FAX (351)854 -6001 Page 1 of South 20°32'2" 7a-4t, riPn•--e of 40.2,9 feet g• set 5/3 inch F,-)(1 7.1,C.1 plastic cap labeled "Uban Eng. C.C. Tx."; South 29°21'24" East, a distance c57.36 feet iD a set 5' inch iron rod with red plastic cap labeled "Urban Eng. C.C. North 8505'07" East, a distanc.e. of 59.41 feet to a set 5/3 inch iron rod with red plastic cap labeled "Urban Frag, r.r. Th."; South 87°541'29" East, a distance •of 36.55 fee. to a set 5,'8 inch iron rod with red plastic cap labeled''Urban Eng. C.C. Tx." for the northeast corner of this tract; Thence, South 2.3°53'12" West alc,T4 the ZaSt bOL'Ildars of this tact, a distance of 3'16.66 feet for title sontheast a se .- 5/8 inch h-r,n Fad With red plastic capia.beled "Urban IF C r m «-v 0,1q trsv-- Thence, along the south boundary of this h-act, as follows: North 61°06'48" West, a distance of 209.13 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx..."; North 74°59'26" West, a distance of 197.55 feet to a set 5/ inch iron rod with red plastic cap labeled "Urban Eng/. C.C. Tx."; South 89°42'12" West, a distance of 152.16 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx."; North 75°28'49" West, a distance of 128.63 feet to a set 5/8 inch iron rod with red plastic cap labeled "Urban Engr. C.C. Tx."; North 62°41'55" West, a distance of 160.23 feet to a point on the centerline of said Waldron Road, for the southwest corner (no monumeatation found or set) of this tract; C F14 7—Ele- °E The 1\T nce,orth 28°55'00" East, along t • of said Waldron Road, same being the west boundary of this tract, a distance of 65.00 feet to the Point of Beginning and containing 3.000 Acres (130,688.66 Square Feet) of land. Bearing are based on the recorded plat of Lot 5, Yorktown Heights Annex, a map of which is recorded in Volume of which is recorded in Volume 39, Page 107, Map Records of Nueces County, Texas. This description was prepared from a previous 60 acre hollndary survey prepared by Urban Engineering and the boundary o said 3.00 acre fact was scaled from an aerial: photograph. No current on the field survey was done to determine the boundary of the 3.00 acre tract Urrban Engineerringj, 52; " , L. Urban, R.P.L.S. License No. 471D ■ - • SASurveying\37735-0001\ 0001 \court 71\137735A800-3acres.doc Page 2 of —1 40— .4 _ _ " Page 1 of 1 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MITCHELL VICHA AND COURTNEY URBAN VICHA, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.00 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDENS TRACT LOTS 32 AND 33, SECTION 52, FROM "F -R" FARM -RURAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mitchell Vicha and Courtney Urban Vicha, 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, April 14, 2010, during a meeting of the Planning Commission, and on Tuesday, May 18, 2010, 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 3.00 acres out of the Flour Bluff and Encinal Farm and Gardens Tract, Lots 32 and 33, Section 52, located southeast of Waldron Road, at 4121 Waldron Road, from "F -R" Farm -Rural District to "RE" Residential Estate District. (Zoning Map 037027) (Exhibit A) 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\LEGAL- DEV.SVCS\2010 Agenda \5 -16 -10 \CASE NO. 0410 -01 MITCHELL VICHA AND COURTNEY URBAN VICHA \ORD- zoning .MVicha.CUVicha.FR.to.RE.doc —141— 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: •.'' , 2010 deborah Walther Brown Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \5 -18 -10 \CASE NO. 0410 -01 MITCHELL VICHA AND COURTNEY URBAN VI CHA \ORD- zoning. MVicha.CUVicha. FR.to. RE.doc Page 3 of 3 Corpus Christi, Texas day of , 2010 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \5 -18 -10 \CASE NO. 0410 -01 MITCHELL VICHA AND COURTNEY URBAN VICHA \ORD- zoning.MVicha.CUVicha. FR.to. RE.doc AGENDA MEMORANDUM AGENDA ITEM: May 6, 2010 PUBLIC HEARING — ZONING (City Council Action Date: May 18, 2010) Case No. 0410 -02 Raju Bhagat - A change of zoning from the "1 -2" Light Industrial District to the "B-4" General Business District resulting in a change of land use from a Vacant Light - Industrial use to a General Business use to build a 39,000 sq. ft. Holiday Inn Express on the property described below: A 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37, at 929 N. Navigation Boulevard. PLANNING COMMISSION AND STAFF RECOMMENDATION (April 14, 2010): Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "B -4" General Business District. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on 1.93 acres from an "1 -2" Light - Industrial District to a "B-4" General Business District to develop the property for a 39,000 square foot Holiday Inn Express hotel. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The purpose of the "1 -2" Light Industrial District is to provide for Tight manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not permitted in this district. The "1 -2" Light Industrial District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; then a 10 -foot side and rear set back would be required. The "1 -2" Light Industrial District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. Agenda Memo Case No. 0410 -02 (Raju Bhagat) Page 2 Proposed Zoning: The applicant is requesting a change in zoning to the "B-4" General Business District. The purpose of the "B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B-4" General Business District. The "B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. G�.L Juan Pereles, r., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnypr'a cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —148— ZONING REPORT Case No.: 0410 -02 Planning Commission Hearing Date: April 14, 2010 Applicant: Raju Bhagat a; c Owner: Same • '2 Representative: Same ;; •°' Address: 929 N. Navigation Blvd., Corpus Christi -414 Legal Description/Location:. 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, d • A generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street approximately 100 feet south of Interstate 37, at 929 N. Navigation Boulevard. Zoning Request From: "I -2" Light Industrial District To: `B -4" General Business District Area: 1.93 acres. Purpose of Request: The applicant is requesting a change in zoning from "I -2" Light Industrial District to the `B -4" General Business District to develop the property for a 39,000 square foot Holiday Inn Express hotel. Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Vacant Light Industrial North "I -2" Light Industrial District Professional Office Light industrial East "I -2" Light Industrial District Commercial Commercial South `B -4" General Business District Commercial Commercial West "I -2" Light Industrial District Light Industrial Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Westside Area Development Plan and is planned for Light - Industrial uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for Light - Industrial uses. However, a modification to the ADP and Future Land Use Map would be acceptable for this property which is compatible with the adjacent commercial uses to the east and south, and the Professional Office use to the north. Map No.: 050042 Zoning Violations: None Staff Summary: Request: The applicant is requesting a change of zoning on 1.93 acres from an "I -2" Light - Industrial District to a "B -4" General Business District to develop the property for a 39,000 square foot Holiday Inn Express hotel. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not permitted in this district. The "I -2" District requires a minimum 20 -foot -149- Zoning Report Page 2 of 5 Applicant: Raju Bhagat Case #: 0410 -02 front yard setback and no side or rear yard setbacks are required unless the property abuts a residential district; then a 10 -foot side and rear set back would be required. The "I -2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement, or floor area intensity factor requirement. Proposed Zoning: The applicant is requesting a change in zoning to the `B -4" General Business District. The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B -4" District. The "B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. Transportation and Circulation: The subject property has access to N. Navigation Boulevard, which is a planned 130 -foot wide, 6 -lane, A -3 Arterial right -of -way. North Navigation Boulevard is currently a 60 -foot paved right -of -way. Street .O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2008 N. Navigation Blvd. Planned A -3 Arterial 60' wide/ 60' paved, 4 -Lanes 130' /6 -Lanes 10,850 Infrastructure Demand: + Water: + Wastewater: + Stormwater: ❖ Gas: Public Safety: ❖ Police: ••• Fire: ❖ ACUIZ: A 6 -inch water line runs along N. Navigation Blvd. and Interstate 37. The closest wastewater line hookup is located at the southwest corner of the subject property. Stormwater lines are located along Interstate 37, N. Navigation Blvd., and along the southern boundary of the subject property. A gas line is present at the site. The subject property is served by the Corpus Christi Police Department Direct Patrol District D20. In 1993, 1,520 crimes were reported, with a decrease to 1,184 crimes reported in 2005. The closest Fire Stations are; Station # 9, located at 501 Navigation Blvd., approximately 3,300 feet from the subject property. None. Environmental Constraints: ❖ Flood Zone: Zone C, "areas of minimal flooding ". • Soil Type: 100% (VcA) Victoria clays, 0 to 1 percent slopes. ❖ Wetlands: None. —150— Zoning Report Page 3 of 5 Applicant: Raju Bhagat Case #: 0410 -02 COMPREHENSIVE PLAN CONSISTENCY: Commercial Policy a. COMMERCIAL ACTIVITIES WHICH GENERATE LARGE VOLUMES OF TRAFFIC SHOULD HAVE DIRECT ACCESS TO AN ARTERIAL WITHOUT HAVING TO TRAVERSE LOW- DENSITY AREAS. Stores or businesses that provide supportive services and are characterized by activities of low intensity or that are otherwise beneficial to residential areas should be allowed to locate closer to neighborhoods. Businesses that generate high - traffic flows and are characterized by intense activity should be located at arterial intersections away from low- density housing and separated by a buffer. Economic Development Policy a. PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT TO PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY. The city should promote the growth and expansion of existing businesses because they are the "backbone" of the local economy, and it should also attract new businesses that will create new jobs and increase family income levels. A city must have a diversified economic base in order to insulate the area, to the greatest extent possible, from economic cycles in any sector of the economy. While the tourist and the oil industries are major employment generators, other sectors such as light manufacturing and high technology should also be encouraged to provide a wide spectrum of income and job opportunities. In addition, while businesses that require skilled workers are important to the city's economy, endeavors should be made to attract companies that need semi - skilled and unskilled workers. There is a large pool of semi - skilled and unskilled labor in Corpus Christi and the surrounding area. This situation makes the city an ideal site for labor- intensive industries, especially in manufacturing and construction. Tourist & Conventions Policy a. ENCOURAGE HOTEL /MOTEL CONSTRUCTION. The convention industry depends upon the availability of hotel and motel rooms to draw large conventions. For this reason, the construction of additional hotels /motels in the Central Business District and Corpus Christi Beach should be encouraged so that they will continue to support the community's investment in the convention center. Additionally, hotels /motels should also be encouraged elsewhere in the City to support the tourist industry. —151— Zoning Report Page 4 of 5 Applicant: Raju Bhagat Case #: 0410 -02 Staff Comments: The proposed project has adequate access for the proposed use in that it is located along N. Navigation Blvd. and 1-37. The City's Comprehensive Plan supports new businesses that provide employment and support the tourist industry. AREA DEVELOPMENT PLAN CONSISTENCY: Westside Economic Development Policy E.1 Encourage light industrial development in the Westside Study Area where infrastructure is in place and ready to serve development (see Figure 11). A. Some storm water im.rovements should be made to this area. I0 Eueva MAGIE I4VUSr glaL vevaLoP)dBI4T AS Naa-r FAGILrrW Age. ALiee.Avy AwkiLAI5La P`oR TaeveLc..n.46I4-Y FIGURE f}_.__ G■!! OF 00004, OM!!t Staff Comment: The proposed project is located within an area that the ADP recommends for Light - Industrial uses due to the presence of existing infrastructure; However, with its close proximity to Interstate 37, a hotel at this site would be more aesthetically pleasing along the interstate and the infrastructure present would provide for a higher density commercial use. In addition, with the existing commercial development located to the south and the professional office use located to the north of the proposed development site, a commercial use would not only be a more appropriate use for this site, it would provide a more appropriate transition between the two existing uses. —152— Zoning Report Page 5 of 5 RELATIONSHIP TO SMART GROWTH PRINCIPLES Applicant: Raju Bhagat Case #: 0410 -02 (The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these policies are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achieving healthy communities that provide families with a clean environment.) The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 53 points out of a possible 100 points. PLAT STATUS: The subject property is platted. STAFF RECOMMENDATION: Staff recommends approval of the applicant's request to rezone the property to the `B -4" General Business District PLANNING COMMISSION RECOMMENDATION: Planning Commission and Staff recommends approval of the `B -4" General Business District. cy E tee og Notices Mailed: 5 within 200 foot notification area; 3 outside 200 foot notification area: Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) As of: April 9, 2010 Attachments: 1. Site 2009 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Smart Growth Chart —153— N ury trr-r . CASE: # 0410 -02 1. SITE- 2009 AERIAL Refer t o M a p 2 fo r Net riborho ad Existing Land Use. Also available at www.actexas.com OBVEC OPERTY CASE: # 0410 -02 2.a. NEIGHBORHOOD - EXISTING LAND USE VAC NM Estate Residential -ER Low Density Res. • LDR Md Density Res. - NE1R ►fgh Density Res. -MDR ►UbbA+ Home • WH Vacant -VAC Antesstoma! Cffice - PD Commercial - COM ICI UR Light Industrial •LI Davy Indestrisa► - i# ® Public Semi -Public -PSP Park Drainage Corridor • DC Cr ' Conservationineservation - CP Water Map Scale: 1:70,000 PROPERTY -- IL t AT NEAP\ —157— SUBJECT PROPERTY\ ER LDR CASE: # 0410 -02 .kr. SITE- EXISTING LAND USE Estate Residewtial-ER Low Dewsriy Res. • LDR 1:67 Aid Densr7y Res. - AILY? _ Ffgf Dens y Res.. HDR INE Mebde Horne • MI Ifacawt -VAC Professional Office • PO Commercial - COM VAC PO Ca:1 Map Scale: 1:,400 Lig& krdastrial -LI Heavy Ardasirial - Fa PubJ4c Seal- F4nbitic -PSP Flack Qainage Corridor • DC CoKservation4servation - CP W r IL() AT10N MAP SUBJECT PROPERTY PAC ER LDR 1 CASE: 3. SITE- FUTUR Agricultural'/Rural - AR Estate Residential- ER Low Density Res. - t_DR Med Density Res.- MDR ® Nigh Density Res. - NOR Mobile Ronne- MH Vacant - VA C Professional' Office - PO ® Commeroia' - COM VAC G Po 1 Transportation Plan weartaa Expressways LL: LT • Arterials - Collectors .. Parkway m-4- Railroad UMW 01111011 0410 -02 E LAND USE - Tourist - TOR IIIII Research Business Park- REP Light industrial' - Li ;ihl':: Healey industrial - Hi ® Public Semi- Public - PSP IM Park Drainage Corridor • DC Dredge Placement - OP 11 Water Ci?'I Ceatn /Preservato CP i Map Scale: 1:2,4010 -161- H 0 I \n A, 7 SUBJECT PROPERTY 1-2 111 37 ,,em y WHELAIJF,. R UNIT 3 SAVAGE LANE CASE: # 0410-02 4. SITE - EXISTING ZONING. NOTICE AREA & OWNERSHIP 1 .14 Went Harr 01:11:I 1-1 Onik.t Irtt: Ill DI: II:I 1-. .1 a him! N mile DI: l I :1 lI 141111rIt61 W101 AI e1 pniaeill Nml.e DI: It I Neae.lrtcl1 DI:,11:I .6 PIai ::1.161.6112 01: Ik! PUD ?lam,' U1110e.•.el:lanall .T -1+1I I0eI*Ta11:1 DI: II :1 P- i °.. ?ne• Falk D7.e11166 DI: II :I 6- 1 Nell. ahxd kl :lx:: DI : 11 :1 P- if. ,1lle F3r16 PAIN DI :lilt I 1. 1? NeNW a'I1•_51 Imam:: DI: II :I P -t: •:q Falb" DaM1166 DIltF:1 D- i .i ntkklne:a. D1:1I:1 P -] Ltl Pk Daellrl DI: II :I F.. Da do DWI k1:lx::' DI: II :1 P .61x Falk Di 1II 1 DI:II: D-: Iuuiir:-: 01:11. :1 PE Pe :1kIllal EUk DI: 1I :1 Fs Gelxltl 41.1:tfle : DI :II :I P -TN TTMtl U:e D?M6ry 61:61:1 bs P11nay kl:Ix:: DI :II:I :P .1•edtl Prong 6.8 Pllnay kl:I*:7 •: ar DI: II T- 1 -- 1I0-.e1 Mole! 1,3F DI: NW 60 C41pe: .2111 :16ea•]1 De:Ip1 DI:I. T- 16 F7alxfp:llr•1 Nave Pak D1:1k1 F -P Faln Ptaa101:11e1 T- 67.. P.10•43: 11e.' Haar '.1.601171: I-.11 N•: HI: I :N•0F• :t1kid LatlmaI DI: 11:1 PIe:e17•a1 eza 17 t'. • 'F SUBJEC PROPERTY ;ATtON MA: P` —163— COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0410 -02 Name: Raja Bhagat I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 5 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 3 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2009 Public Comments \1209- 04.doc —165— m O O A A > 0 r 00 ~ m > D v0i O O IN A A - o o 00 z A 00 D 0 O O n 0 n n n 8 C n n n n n n 0 0 0 0 0 - C N C C v L I C C - n n nn N In n In IA In ix A A" A A F 2 N -4.-1 -I -I -I -1 -I -1 -I 1n rl 2 x x X X x x x x 00 x x D -I C m z z - o ,Z N A 0 CO 00 00 .0 Oo 00 00 a. W 00 A 0 O N A 0 N N O A If+ 0 A 00 W RV:. 00 A N CO A 0 S V OC D C C C A D ,., A m 0000 I P r ===-< - C N C C C T mA T -0-00 R. >•R'< m O m m m In n oz =1000;1; o w 3 z333, O -I O O O N O A 0 0 0 z o,zz2 -I x- a-1 -lIn w 737377 0 a "aaasi VI N In . , V D V N N .9.P,;4'0= n o si O N 0 y 0 C H W 1 -I W In O W In W -n m r w I^ w In N N N N iti W N m W n W v. PI n n 4 04 N D A y A O A A 0 0 N W ut 01 0 01 CO N 01 CO l0 m CO W C1 O W A N T - 1,3 0 03 00 01 30 OA A N O N O t0 CO A 10 0 A A 0 A 0 A A» 0 0 0 0 0 o m 6,6 0 0 0 62 SMART GROWTH COMPARISON: ATTACHMENT #7 The principles listed below are taken from "Getting to Smart Growth 11: 100 More Policies for Implementation ", provided by the Smart Growth Network. The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming f f lations and ^rowth and achieving healthy commues that provide families with a clean environment. o ions or mcreasin o u Zoning Case:_ #0410 -02 Raju Bhagat From: _ "I -2 "_ To _ "B -4 "_ Will the re• uest I romote develo • ment that fosters the followin • ? Answer Pts. Weight Score 1. Mix land uses. 13 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail/service? 2 uses added 1 use added 2 1 x 3 9 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 x 2 0 No 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 4 2 + uses 1 2. Takes advantate of com , act buildin: desi . n. 5 Utilizes reduced setbacks and /or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to .ursue a range of activities in a small area? Yes No 1 0 x 3 3 Manages and effectively provides a transition between higher and lower - density Yes 1 x 2 2 neighborhoods? No 0 3. Creates a ran • e of housin . o • • ortunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 x 3 0 within the community? (condos, townhomes, single -famil , a.artments) No 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 0 homeowners and individuals to reduce building costs and uses available resources more effectively? No 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 0 range in .ricing available for varying income levels for sale or lease? No 0 4. Creates walkable nei • hborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance commutes? Yes 1 0 x 3 0 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 x 3 0 develo iment or connects to existing sidewalks? No 0 Promotes development so children are close enough to walk to school? Yes I x 2 0 No 0 5. Fosters distinctive, attractive communities with a strong sense of lace. 3 The building is an existing building that is historic in any way, or provides Yes 1 x 2 0 focus on a historical, cultural, or natural attributes? No 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 0 x 2 0 Development Plan, the Future Land Use Ma., and/or Com.rehensive Plan? Promotes shopping and makes retail centers distinctive and attractive Yes I x 3 3 destinations and :atherin: •laces where residents fre• uent on the weekends? No 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 x 3 0 No 0 Does the project remove blight from its neighborhood? Yes 1 x 3 0 No 0 —167— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 5 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 0 areas; utilizes land management techniques, to decrease the amount of pollution entering the water system and preserve wildlife habitats? No 0 Does the project implement green building techniques or standards for reducing Yes 1 x 3 0 environmental impacts? No 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a minimum) to replace trees being removed? Yes No 1 0 x 3 3 Provides community green open space or includes useable green space for Yes 1 x 3 0 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 2 farmland? No 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 12 1/4 to '/2 mile 1 'h + miles 0 Is the availability of existing public services, such as police, fire, schools and health, sufficient to serve the project? Yes No 1 0 x 3 3 Is the project a redevelopment of an existing building or Brownfield area that would make the property a productive piece of land? Yes No 1 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 3 communities? No 0 Does the project enhance the use of existing public outdoor recreation facilities or areas, such as parks, fishing piers, boat storage areas, or rental equipment? Yes No 1 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. 3 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 3 The project within walking distance to public transit? (Within 1,000 ft) Yes No 1 0 x 3 0 9. Makes development decisions predictable, fair and cost effective. 6 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 0 Plan? No 0 The project is consistent with the Area Development Plan? Yes No 1 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x 3 0 provide onsite retention? No 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes No 1 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 53 0 -20 pts = * 21 -39 pts: ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * -1 6 8- AMENDED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall April 14, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services /Planning Lisa Wargo, Senior City Planner Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Deborah Brown, City Attorney Elizabeth Johnson, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0410 -02: Raju Bhagat — A change of zoning from the "I -2" Light Industrial District to the `B -4" General Business District 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37 at 929 N. Navigation Boulevard. Lisa Wargo, Development Services, presented the above stated case via Powerpoint. Ms. Wargo stated the applicant was Raju Bhagat. The applicant is requesting to rezone 1.93 acres from the "I -2" Light Industrial District to the `B -4" General Business District to develop the property for a 39,000 square foot Holiday Inn Express hotel. The Aerial Map shows the subject property is generally located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37, at 929 N. Navigation Boulevard. The Zoning Map shows the subject property and the existing "I -2" zoning onsite and the surrounding zoning districts which are, North "I -2" Light Industrial District East "1 -2" Light Industrial District South `B -4" General Business District West "I -2" Light Industrial District The Site Existing Land Use Map shows the vacant use on the subject properties and the surrounding existing land uses which are; -169- Planning Commission Minutes April 14, 2010 Page 2 North Professional Office East Commercial South Commercial West Light Industrial The "I -2" Light - Industrial provides for light manufacturing, fabricating, warehousing, and wholesale distributing, and allows for outdoor storage, but does not allow for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons The "B -4" General Business provides sufficient space in appropriate locations for commercial and miscellaneous service activities and shopping centers. The Site Future Land use map shows the subject property as being planned for light- industrial uses, and the surrounding properties being planned for. North Light industrial East Commercial South Commercial West Light Industrial Department Comments The proposed project has adequate access for the proposed use in that it is located along N. Navigation Blvd. and I -37. The City's Comprehensive Plan supports new businesses that provide employment and support the tourist industry. The proposed project is located within an area that the ADP recommends for Light - Industrial uses due to the presence of existing infrastructure; However, with its close proximity to Interstate 37, a hotel at this site would be more aesthetically pleasing along the interstate and the infrastructure present would provide for a higher density commercial use. In addition, with the existing commercial development located to the south and the professional office use located to the north of the proposed development site, a commercial use would not only be a more appropriate use for this site, it would provide a more appropriate transition between the two existing uses. Staff recommends approval of the applicant's request to rezone the property to the `B -4" General Business District. There were 5 notices mailed out within the 200 ft. property radius, 3 outside the radius. We received zero (0) in favor and zero (0) in opposition; therefore the 20% rule has not been invoked. The property is not platted and there have been no recorded Code Enforcement violations reported onsite. The public hearing was opened. Gosha Bhagat came forward, stated his name and said he is the applicant's nephew and business partner. Gosha Bhagat stated, "We currently own the Hampton Inn next door to the subject property and we are asking permission to consider the rezoning to the "B -4" General Business District. Special Permits would be acceptable, but would make it difficult for us to find funding. Please consider `B -4" for us, it would be highly appreciated." —170— Planning Commission Minutes April 14, 2010 Page 3 Chairman Garza asked if there are any questions. No questions were asked and public hearing was closed. Motion to approve the `B -4" General Business District was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously. H: \PLN- DIR \SHARED\ZONING\Planning Commission \ Agendas \2010 \4 -14 -10 Agenda.doc —171— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RAJU BHAGAT, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.93 ACRES OUT OF WHELAN TRACT UNIT 4 BLOCK 1, LOT 1, FROM "1 -2" LIGHT- INDUSTRIAL DISTRICT TO "B-4" GENERAL 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 Raju Bhagat, 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, April 14, 2010, during a meeting of the Planning Commission, and on Tuesday, May 18, 2010, 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 1.93 acres out of the Whelan Tract Unit 4, Block 1, Lot 1, located north of Savage Lane, west of N. Navigation Boulevard, east of Krill Street, approximately 100 feet south of Interstate 37, at 929 N. Navigation Boulevard, from "1 -2" Light Industrial District to "B -4" General Business District to develop the property for 39,000 square foot Holiday Inn Express hotel. (Zoning Map 050042) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \5 -18 -10 \CASE NO. 0410 -02 RAJU BNAGAT\ORD-Zoning.0410- 02.Rbhagat.Doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: 2010 Deborah Walther Brown " Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda\5 -18 -10 \CASE NO. 0410 -02 RAJU BHAGAT\ORD-Zoning.0410- 02.Rbhagat.Doc Page 3 of 3 Corpus Christi, Texas day of , 2010 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \5 -18 -10 \CASE NO. 0410 -02 RAJU BHAGAT\ORD-Zoning.0410- 02.Rbhagat.Doc 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION May 18, 2010 AGENDA ITEM: Corpus Christi Convention and Visitors Bureau (CCCVB) Quarterly Report STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Keith Arnold CEO CCCVB 2. John Trice Board Chair CCCVB 3. BACKGROUND: Regular quarterly report as required by contract. REQUIRED COUNCIL ACTION: None - informational only. PowerPoint Supplemental Information "e i' .... . - . • . • • • ' _,. , ,.. . i " ''''' TN o • • „,•••' . ' : • "AP , .6. • ' .- • , . • ' . 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BACKGROUND: REQUIRED COUNCIL ACTION: n/a PowerPoint Supplemental Information 2 „A, Cynth'rfa Garcia Director of Human Resources cynthiag@cctexas.com 361- 826 -3315 City of Corpus C i sti 417;•%•41.7 Department of Human Resources Health and Risk Management Claims Report Year -to -Date Report Period Ending January 31, 2010 1 -235- Table of Contents Risk Fund Health Plan Update 3 Workers' Compensation .11 General Liabilities 16 2 -237- Health Plans The following provides an overview of expense activity for the first six months of fiscal year 2010 for the City's health plans: • Citicare (Civilian) • Alternate (Civilian) • Fire • Public Safety (Police) Data is also provided, where helpful, in comparison to previous years experience at the same point in time. It is important to understand that although claims experience and resulting costs vary month to month, given the City's self - insured plan structure, the data provided illustrates plan activities for the period, and is useful in communicating the financial status of the health plans. Enrollment At the end of the second quarter of FY10, there were an average of 1,909 active employees enrolled in Citicare, 81 in Alternate, 383 in Fire, and 449 enrolled in Public Safety. Graph H -1 shows that the ratio of employees to dependents insured under Citicare and Alternate is almost 1:1, whereas the ratio for Fire & Public Safety plans is almost 2:1. 2,500 2,000 1,500 1,000 500 0 Graph H -1 FY 2010 Average Enrollment by Plan for Active Employees and Dependents Citicare Fire Public Safety Alternate • Employee 1,909 383 449 81 • Dependent 2,098 775 883 112 —239— 3 Table H -1 shows, at the end of the second quarter FY10, 14% of the enrollees in Citicare were Retirees. In Fire, Retirees made up 22% of total enrollment, and in Public Safety retirees made up 23% of enrollees. The Alternate plan is not offered to retirees at this time. Table H -1 Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph 11-2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 4•0,u1.,u,uuv Employee Retiree Citicare 1,909 86% 312 14% Fire 383 79% 105 21% Public Safety 449 77% 135 23% Alternate 81 100% 0 0% Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph 11-2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 4•0,u1.,u,uuv $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Citicare Fire Public Safety Alternate • Employee & Cobra $5,360,544 $1,407,063 $1,402,500 $203,940 ❑ Retiree $903,151 $745,988 $411,643 $- 4 —241— Graph H -3 shows that 30% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 47% of total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 36% of total pharmacy expenses paid are for Retirees. FY10 Total Pharmacy Expenses by Subscriber Type Period Ended January 31 $1,000,000 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Graph H -3 Citicare Public Safety ® Employee & Cobra $899,210 ❑ Retiree $391,958 $351,274 $316,476 $409,465 $230,556 Alternate $12,580 $- Medical and Pharmacy Expense by Plan Graph H -4 shows the medical, stop loss and pharmacy expenses for Citicare (including Basic in FY08 and Alternate Choice in FY09 & FY10) for the first six months of the year in FY08, FY09 and FY10. Citicare Graph H -4 DI VVV,VVV 66,000,000 65,000,000 54,000,000 63,000,000 62,000,000 51,000,000 $. FY08 FY09 FY10 • Medical $4,895,407 $5,544,122 $6,467,635 111 RX $1,016,968 $1,243,397 $1,303,748 5 —243— Graph H -5 shows the medical, stop loss and pharmacy expenses for Fire for the first six months of the year in FY08, FY09 and FY10. Graph 11-5 Fire IL,auu,uvu ;2,000,000 ;1,500,000 Graph H -6 shows the medical, stop loss and pharmacy expenses for Public Safety for the first six months of the year in FY08, FY09 and FY10. Public Safety Graph 11-6 IJ,VVV rVVV 2,500,000 ;2,000,000 $1,500,000 ;1,000,000 $500,000 $- FY08 FY09 FY10 • Medical $2,601,765 $1,600,808 $1,627,912 ® RX $517,245 $583,435 $640,022 6 —245— 6 —245— Total Medical and Pharmacy Expense Graph H -7 shows medical, stop loss and pharmacy expenses paid for all plans combined for the first six months of FY08, FY09 and FY10. • The overall costs for all plans in FY10 increased in claims expense paid compared to FY09. • Total medical expenses decreased from FY08 to FY09, but increased from FY09 to FY10. • Pharmacy expenses increased each year, from a 16% increase from FY08 to FY09, as compared to a 6% increase from FY09 to FY10. $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 Graph H -7 Total Medical & Pharmacy Expenses Paid All Plans as of January 31 FY08 FY09 —247— FY10 • Medical ®RX 7 Claims by Category Comparison Table H -2 shows by plan the total medical and pharmacy costs for the first six months of FY10 by type of utilization. • Hospitalization represents 24% of total claims costs • Specialists care represents 22% of total claims costs • Outpatient Facility represents 12% of total claims costs r Citicare Fire Public Safet Table H -2 Totals Distribution Facility (Inpatient) $ 164,691 $ 1,482,184 $ 912,022 $ 534,647 $ 3,093,544 24% Emergency Room $ 4,470 $ 511,810 $ 105,612 $ 110,061 $ 731,953 6% Urgent Care $ 820 $ 10,133 $ 9,851 $ 12,014 $ 32,818 0% Facility (Outpatient) $ 3,273 $ 836,749 $ 410,456 $ 227,589 $ 1,478,067 11% Office Visit (Primary Care) $ 8,919 $ 439,790 $ 91,998 $ 146,091 $ 686,798 5% Office Visit (Specialist) $ 14,478 $ 1,997,292 $ 436,364 $ 314,395 $ 2,762,529 21% Outpatient Physician Sys $ 778 $ 268,758 $ 79,174 $ 96,187 $ 444,897 3% Independent Lab $ 1,472 $ 90,355 $ 27,284 $ 31,036 $ 150,147 1% *Other $ 5,039 $ 626,623 $ 80,290 $ 155,893 $ 867,845 7% Total Medical $ 203,940 $ 6,263,694 $ 2,153,051 $ 1,627,913 $ 10,248,598 80% Pharmacy $ 12,580 $ 1,291,169 $ 667,748 $ 640,021 $ 2,611,519 20% Total Medical /Pharmacy $ 216,520 $ 7,554,863 $ 2,820,799 $ 2,267,934 $ 12,860,115 100% Stop Loss Activity At the end of the second quarter there were four stop loss cases; participants who have had claims costs exceeding $150,000 in the plan year. The stop loss carrier, Humana, will be responsible for remaining claims costs which would have been the City's responsibility. Expenses that are paid in excess of the $150,000 cap are reimbursed to the City. Those reimbursements have not been deducted from the above claims expense data. We have received a total of $567,618 in reimbursements in the first six months of FY10. 8 -249- Cost Per Employee /Retiree Graph H -8 and Table H -3, show average cost per employee for medical & pharmacy expenses (employee count is based on active employees, retirees & Cobra participants), comparing the first six months of FY09 to FY10. • Citicare had a 13% increase in cost per employee; • Citicare Public Safety had a 3.4% increase in cost per employee; • Citicare Fire had a 54.4% increase in cost per employee. Annual Comparison of Average Monthly Cost Per Employee (Includes Retirees) of Total Medical and Pharmacy Plan Expenses Graph H -8 FY09 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $203 , 10% Public Safety, $626 , 32% Citicare, $500 , 26% Fire, $623 , 32% FY10 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $445 , 17% Public Safety, $648 , 25% Citicare, $565 , 22% Fire, $962 , 36% Table H -3 9 —251— Citicare Fire Public Safety Alternate Medical Pharmacy Avq per Medical Pharmacy Avq per Medical Pharmacy Alm per Medical Pharmacy Avg per Employee Employee Employee Employee FY09 $408 $92 $500 $412 $211 $623 $459 $167 $626 $179 $24 $203 FY10 $469 $97 $565 $734 $228 $962 $465 $183 $648 $419 $26 $445 9 —251— Total Costs Table H -4 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums for the first six months of FY10. Table H -4 Health Plan Actual Expenses (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY10 Total (Period Ended Jan 31) Citicare $ 6,263,695 $ 1,291,168 $ 975,685 $ 8,530,548 Citicare Fire $ 2,153,051 $ 667,748 $ 216,442 $ 3,037,241 Citicare Public Safety $ 1,627,912 $ 640,022 $ 262,781 $ 2,530,714 Total: _ $10,044,657 $ 2,598,939 $ 1,454,908 $ 14,098,504 Table H -5 Expenses Citicare Fire Public Safety Humana Claims $ (7,554,863) $ (2,820,799) $ (2,267,934) TPA Fees $ (434,148) $ (96,954) $ (117,711) Stop Loss Premiums $ (535,054) $ (119,488) $ (145,070) CVB TPA Fees $ (2,904) $ - $ - CVB Stop Loss Premiums $ (3,579) $ - $ - Total: $ (8,530,548) $ (3,037,241) $ (2,530,714) Revenues Active $ 1,507,385 $ 762,775 $ 601,348 Retired $ 733,467 $ 351,072 $ 421,102 Cobra $ 12,770 $ 2,342 $ 1,617 Grants Contribution $ 207,751 $ - $ - City Contribution $ 4,699,939 $ 1,134,150 $ 1,719,348 Council Contribution $ 1,433 $ - $ - CVB Contribution $ 32,975 $ - $ - Stop Loss Reimbursements $ 252,209 $ 237,540 $ 77,869 Total: $ 7,447,928 $ 2,487,879 $ 2,821,285 Net Balance: $ (1,082,620) $ (549,362) $ 290,570 Table H -5 shows the revenues and expenses for the first six months of FY10, and the net balance by plan for the year. • Citicare expenses exceeded revenues collected from premiums and stop loss reimbursements. Citicare was budgeted to draw down from the fund balance $850,000 in FY10. • Fire expenses exceeded revenues collected from premiums and stop loss reimbursements. As ofJuly 31, 2009, per City CAFR, Fire has a deficit of $4,622,159. • Public Safety's revenues have exceeded their expenses during the first six months of FY10, however the City CAFR indicates a fund balance deficit of $109,143 as ofJuly 31, 2009. As such, the Public Safety plan remains at risk due to the impact a high claim could have, given the small size of the group. 10 -253- Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred in the first six months of fiscal year 2010. Workers' Compensation The total number of claims filed for Workers Compensation has increased 3.7% during the first six months of FY10, compared to the number of claims filed in FY09. As illustrated by Graph WC -1 shown below and Table WC -1 shown on the next page, the Solid Waste, Water, Storm Water, Police and Gas departments show decreases in the number of claims filed, however the Wastewater department increased 51.9 %, Fire increased 44.9 %, and Streets increased 18.8 %. The number of Solid Waste claims decreased from 67 to 51, down by 23.9 %; Water had 25 claims at the end of the second quarter 2009 and 22 in FY2010, down by 12 %. All other departments had insignificant increases /decreases. 500 450 400 350 300 250 200 150 100 50 0 Graph WC -1 Year -To -Date Claims Count Comparison (Period Ending January 31) FY08 FY09 —255— FY10 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police 11 Table WC -1 Year -to -Date Claims Count Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 -FY10 Police 118 92 83 -9.8% Fire 63 49 71 44.9% Solid Waste 39 67 51 -23.9% Wastewater 45 27 41 51.9% Park & Recreation 45 34 35 2.9% Water 23 25 22 - 12.0% Gas 14 22 20 -9.1 Streets 25 16 19 18.8% Storm Water 5 10 9 -10.0% All Other 78 89 96 7.9% Total: 455 431 447 3.7% Incurred costs have decreased from FY2009 compared to FY2010, going from $821,468 to $671,939, down 18.2% as shown by Graph WC -2 and Table WC -2. Wastewater had the largest increase (275.7 %) while Streets had the largest decrease (74.9 %) in incurred costs. Incurred costs also increased in the Gas department (33.7 %) and Park & Recreation (25.8 %). Incurred costs decreased in Storm Water (69.9 %), Fire (25.9 %), and Solid Waste (26.4 %). $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Graph WC -2 Year -To -Date Incurred Cost Comparison (Period Ending January 31) FY08 FY09 —257— FY10 • All Other ■ Park & Recreation o Fire • Gas o Storm Water • Water o Solid Waste o Wastewater ■ Streets o Police 12 Table WC -2 Year -to -Date Incurred Costs Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Solid Waste $ 28,775 $ 240,808 $ 177,252 -26.4% Police $ 271,047 $ 126,328 $ 117,691 -6.8% All Other $ 83,859 $ 103,184 $ 103,826 0.6% Fire $ 50,547 $ 83,034 $ 61,541 -25.9% Gas $ 14,254 $ 45,594 $ 60,955 33.7% Wastewater $ 40,881 $ 11,086 $ 41,647 275.7% Water $ 69,559 $ 32,385 $ 38,951 20.3% Storm Water $ 5,981 $ 109,467 $ 32,992 -69.9% Park & Recreation $ 69,627 $ 19,500 $ 24,525 25.8% Streets $ 65,092 $ 50,082 $ 12,558 - 74.9% Total: $ 699,622 $ 821,468 $ 671,939 -18.2% Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our incurred cost at the end of the second quarter of FY10 was $671,939; paid cost totaled $333,981. Graph WC -3 $1,000,000 $800,000 $600,000 $400,000 $200,000 Incurred Costs vs. Paid Costs (Period Ending January 31) $699,622 $821,468 $671,939 $588,481 $333,981 FY08 FY09 o Incurred Costs ■ Paid Costs -259- FY10 13 Graph WC -4, represents dollars paid during the first six months of the year for claims filed in previous years. The total is $935,933, of which 65% were payments on claims filed in FY09. Graph WC -4 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Dollars Paid in Current Year for Prior Years' Claims Graph WC -5 shown next provides claims count data by the type of accident occurring during the first six months of each of the recent fiscal years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year and are two of the most common types of accident the City incurs. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Accident (Period Ending January 31) FY08 FY09 -261- FY10 Graph WC -5 ❑ All Other • Struck /Injured • Striking Against /Stepping On ❑ Strain /Injury • Motor Vehicle o Foreign Body in Eye • Falls /Slips ❑ Cuts /Scrapes ❑ Caught Between • Bums /Scalds o Animal /Insect Bite 14 Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Injury (Period Ending January 31) FY08 FY09 FY10 Graph WC -6 • M Other Injuries • Strain ❑ Sprain • Puncture Multiple Physical Injuries • Laceration ❑ Inflamation ❑ Foreign Body ■ Contusion (bruise) O Burn Table WC -3 shows that the type of injury that has increased the most is Multiple Physical Injuries, up 190.9 %, followed by All Other Injuries (153.1 %) and Punctures (64.7 %). Overall, the total number of injuries has increased only 3.7% from FY09 to FY10. Table WC -3 Year -To -Date Claims Count by Type of Injury (Period Ended January 31) Claim Type FY08 FY09 FY10 % Change FY09 to FY10 Strain 89 121 108 -10.7% All Other Injuries 156 32 81 153.1% Contusion (bruise) 60 81 66 -18.5% Sprain 33 39 42 7.7% Laceration 55 61 37 -39.3% Multiple Physical Injuries 5 11 32 190.9% Inflammation 13 44 31 -29.5% Puncture 27 17 28 64.7% Foreign Body 9 15 13 -13.3% Burn 8 10 9 -10.0% Total: 455 431 447 3.7% 15 —263— General Liabilities General Liability claims filed in the first six months of FY10, compared to FY09, increased by 27 %, from 311 to 395, as shown in Graph GL -1 and Table GL -1. The largest increases were in Water (111.5 %), Streets (78.9 %) and Solid Waste (50 %), and the largest decreases were in Park & Recreation (23.5 %) and Fire (17.6 %). Graph GL -1 450 400 350 300 250 200 150 100 50 0 Liability Claims Count by Department Period Ended January 31 FY08 FY09 FY10 • All Other • Park & Recreation ❑ Fire is Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets Police Table GL -1 General Liability Claims Count By Department (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Police 81 69 68 -1.4% Streets 30 38 68 78.9% All Other 29 45 59 31.1% Water 36 26 55 111.5% Wastewater 51 40 44 10.0% Solid Waste 42 28 42 50.0% Storm Water 15 20 21 5.0% Fire 24 17 14 -17.6% Park & Recreation 25 17 13 -23.5% Gas 23 11 11 0.0% Total: 356 311 395 27.0% 16 -265- CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health and Risk Management Claims Report — Year -to -Date, Period ending January 31, 2010 STAFF PRESENTER(S): Name Title /Position 1. Cynthia Garcia Director 2. 3. OUTSIDE PRESENTER(S): Department Human Resources Name Title /Position Organization 1. 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: n/a PowerPoint Supplemental Information o Cynthifa Garcia Director of Human Resources cynthiag ©cctexas.com 361- 826 -3315 City of Corpus Christi Department of Human Resources Health and Risk Management Claims Report Year -to -Date Report Period Ending January 31, 2010 1 -269- Table of Contents Risk Fund Health Plan Update 3 Workers' Compensation 11 General Liabilities .16 2 —271— Health Plans The following provides an overview of expense activity for the first six months of fiscal year 2010 for the City's health plans: • Citicare (Civilian) • Alternate (Civilian) • Fire • Public Safety (Police) Data is also provided, where helpful, in comparison to previous years experience at the same point in time. It is important to understand that although claims experience and resulting costs vary month to month, given the City's self - insured plan structure, the data provided illustrates plan activities for the period, and is useful in communicating the financial status of the health plans. Enrollment At the end of the second quarter of FY10, there were an average of 1,909 active employees enrolled in Citicare, 81 in Alternate, 383 in Fire, and 449 enrolled in Public Safety. Graph H -1 shows that the ratio of employees to dependents insured under Citicare and Alternate is almost 1:1, whereas the ratio for Fire & Public Safety plans is almost 2:1. 2,500 2,000 1,500 1,000 500 Graph H -1 FY 2010 Average Enrollment by Plan for Active Employees and Dependents Citicare • Employee 1,909 Public Safety 449 Alternate • Dependent —273— 3 Table H -1 shows, at the end of the second quarter FY10, 14% of the enrollees in Citicare were Retirees. In Fire, Retirees made up 22% of total enrollment, and in Public Safety retirees made up 23% of enrollees. The Alternate plan is not offered to retirees at this time. Table H -1 Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph H -2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 zo,uuu,uvv Employee Retiree Citicare 1,909 86% 312 14% Fire 383 79% 105 21% Public Safety 449 77% 135 23% Alternate 81 100% 0 0% Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph H -2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 zo,uuu,uvv $5,000,000 . $4,000,000 $3,000,000 $2,000,000 $1,000,000 $ Citicare Fire Public Safety Alternate • Employee & Cobra $5,360,544 $1,407,063 $1,402,500 $203,940 ❑ Retiree $903,151 $745,988 $411,643 $- 4 —275— Graph H -3 shows that 30% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 47% of total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 36% of total pharmacy expenses paid are for Retirees. Graph H -3 FY10 Total Pharmacy Expenses by Subscriber Type Period Ended January 31 4- I,000,UUV $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Fire Public Safety Alternate Citicare ® Employee & Cobra $899,210 $351,274 $409,465 $12,580 ❑ Retiree $391,958 $316,476 $230,556 $- Medical and Pharmacy Expense by Plan Graph H -4 shows the medical, stop loss and pharmacy expenses for Citicare (including Basic in FY08 and Alternate Choice in FY09 & FY10) for the first six months of the year in FY08, FY09 and FY10. Graph H -4 Citicare 1,UVU,000 6,000,000 5 —277— Graph H -5 shows the medical, stop loss and pharmacy expenses for Fire for the first six months of the year in FY08, FY09 and FY10. Graph H -5 Fire >c,Uuu,uuu $2,000,000 ;1,500,000 $1,000,000 $500,000 $ FY08 FY09 FY10 • Medical $1,623,749 $1,234,358 $2,153,051 ® Rx $589,519 $630,767 $667,748 Graph H -6 shows the medical, stop loss and pharmacy expenses for Public Safety for the first six months of the year in FY08, FY09 and FY10. Public Safety Graph H -6 w,wu,vuu 12,500,000 ;2,000,000 ;1,500,000 ;1,000,000 $500,000 $- FY08 FY09 FY10 • Medical $2,601,765 $1,600,808 $1,627,912 ® RX $517,245 $583,435 $640,022 6 -279- Graph H -6 shows the medical, stop loss and pharmacy expenses for Public Safety for the first six months of the year in FY08, FY09 and FY10. Public Safety Graph H -6 w,wu,vuu 12,500,000 ;2,000,000 ;1,500,000 ;1,000,000 $500,000 $- FY08 FY09 FY10 • Medical $2,601,765 $1,600,808 $1,627,912 ® RX $517,245 $583,435 $640,022 6 -279- 6 -279- Total Medical and Pharmacy Expense Graph H -7 shows medical, stop loss and pharmacy expenses paid for all plans combined for the first six months of FY08, FY09 and FY10. • The overall costs for all plans in FY10 increased in claims expense paid compared to FY09. • Total medical expenses decreased from FY08 to FY09, but increased from FY09 to FY10. • Pharmacy expenses increased each year, from a 16% increase from FY08 to FY09, as compared to a 6% increase from FY09 to FY10. $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $- Graph H -7 Total Medical & Pharmacy Expenses Paid All Plans as of January 31 FY08 FY09 —281— FY10 ■ Medical RX 7 $10,248,597 $9,120,921 $8,379,287 $2,123,731 $2,457,599 $2,611,519 FY08 FY09 —281— FY10 ■ Medical RX 7 Claims by Category Comparison Table H -2 shows by plan the total medical and pharmacy costs for the first six months of FY10 by type of utilization. • Hospitalization represents 24% of total claims costs • Specialists care represents 22% of total claims costs • Outpatient Facility represents 12% of total claims costs Alternate Citicare Fire Public Safet Table H -2 Totals Distribution Facility (Inpatient) $ 164,691 $ 1,482,184 $ 912,022 $ 534,647 $ 3,093,544 24% Emergency Room $ 4,470 $ 511,810 $ 105,612 $ 110,061 $ 731,953 6% Urgent Care $ 820 $ 10,133 $ 9,851 $ 12,014 $ 32,818 0% Facility(Outpatient) $ 3,273 $ 836,749 $ 410,456 $ 227,589 $ 1,478,067 11% Office Visit (Primary Care) $ 8,919 $ 439,790 $ 91,998 $ 146,091 $ 686,798 5% Office Visit (Specialist) $ 14,478 $ 1,997,292 $ 436,364 $ 314,395 $ 2,762,529 21% Outpatient Physician Sys $ 778 $ 268,758 $ 79,174 $ 96,187 $ 444,897 3% Independent Lab $ 1,472 $ 90,355 $ 27,284 $ 31,036 $ 150,147 1% *Other $ 5,039 $ 626,623 $ 80,290 $ 155,893 $ 867,845 7% Total Medical $ 203,940 $ 6,263,694 $ 2,153,051 $ 1,627,913 $ 10,248,598 80% Pharmacy $ 12,580 $ 1,291,169 $ 667,748 $ 640,021 $ 2,611,519 20% Total Medical /Pharmacy $ 216,520 $ 7,554,863 $ 2,820,799 $ 2,267,934 $ 12,860,115 100% Stop Loss Activity At the end of the second quarter there were four stop loss cases; participants who have had claims costs exceeding $150,000 in the plan year. The stop loss carrier, Humana, will be responsible for remaining claims costs which would have been the City's responsibility. Expenses that are paid in excess of the $150,000 cap are reimbursed to the City. Those reimbursements have not been deducted from the above claims expense data. We have received a total of $567,618 in reimbursements in the first six months of FY10. -283- 8 Cost Per Employee/Retiree Graph H -8 and Table H -3, show average cost per employee for medical & pharmacy expenses (employee count is based on active employees, retirees & Cobra participants), comparing the first six months of FY09 to FY10. • Citicare had a 13% increase in cost per employee; • Citicare Public Safety had a 3.4% increase in cost per employee; • Citicare Fire had a 54.4% increase in cost per employee. Annual Comparison of Average Monthly Cost Per Employee (Includes Retirees) of Total Medical and Pharmacy Plan Expenses Graph H -8 FY09 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $203 , 10% Public Safety, $626 , 32% Citicare, $500 , 26% Fire, $623 , 32% FY10 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $445 , 17% Citicare, $565 , 22% Public Safety, $648 , 25% Fire, $962 , 36% Table H -3 -285- 9 Citicare Fire Public Safety Alternate Medical Pharmacy Avq per Medical Pharmacy Avg per Medical Pharmac Avq per Medical Pharmacy Avq per Employee Employee Employee Employee FY09 $408 $92 $500 $412 $211 $623 $459 $167 $626 $179 $24 $203 FY10 $469 $97 $565 $734 $228 $962 $465 $183 $648 $419 $26 $445 -285- 9 Total Costs Table H -4 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums for the first six months of FY10. Table H -4 Health Plan Actual Expenses (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY10 Total (Period Ended Jan 31) Citicare $ 6,263,695 $ 1,291,168 $ 975,685 $ 8,530,548 Citicare Fire $ 2,153,051 $ 667,748 $ 216,442 $ 3,037,241 Citicare Public Safety $ 1,627,912 $ 640,022 $ 262,781 $ 2,530,714 Total: $10,044,657 $ 2,598,939 $ 1,454,908 $ 14,098,504 Table H -5 Expenses Citicare Fire Public Safety Humana Claims $ (7,554,863) $ (434,148) $ (2,820,799) $ (96,954) $ (2,267,934) $ (117,711) TPA Fees Stop Loss Premiums $ (535,054) $ (119,488) $ (145,070) CVB TPA Fees $ (2,904) $ - $ - CVB Stop Loss Premiums $ (3,579) $ - $ - Total: $ (8,530,548) $ (3,037,241) $ (2,530,714) Revenues Active $ 1,507,385 $ 762,775 $ 601,348 Retired $ 733,467 $ 351,072 $ 421,102 Cobra $ 12,770 $ 2,342 $ 1,617 Grants Contribution $ 207,751 $ - $ - City Contribution $ 4,699,939 $ 1,134,150 $ 1,719,348 • Council Contribution $ 1,433 $ - $ - CVB Contribution $ 32,975 $ - $ - Stop Loss Reimbursements $ 252,209 $ 237,540 $ 77,869 Total: $ 7,447,928 $ 2,487,879 $ 2,821,285 Net Balance: $ (1,082,620) $ (549,362) $ 290,570 Table H -5 shows the revenues and expenses for the first six months of FY10, and the net balance by plan for the year. • Citicare expenses exceeded revenues collected from premiums and stop loss reimbursements. Citicare was budgeted to draw down from the fund balance $850,000 in FY10. • Fire expenses exceeded revenues collected from premiums and stop loss reimbursements. As of July 31, 2009, per City CAFR, Fire has a deficit of $4,622,159. • Public Safety's revenues have exceeded their expenses during the first six months of FY10, however the City CAFR indicates a fund balance deficit of $109,143 as of July 31, 2009. As such, the Public Safety plan remains at risk due to the impact a high claim could have, given the small size of the group. 10 -287- Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred in the first six months of fiscal year 2010. Workers' Compensation The total number of claims filed for Workers Compensation has increased 3.7% during the first six months of FY10, compared to the number of claims filed in FY09. As illustrated by Graph WC -1 shown below and Table WC -1 shown on the next page, the Solid Waste, Water, Storm Water, Police and Gas departments show decreases in the number of claims filed, however the Wastewater department increased 51.9 %, Fire increased 44.9 %, and Streets increased 18.8 %. The number of Solid Waste claims decreased from 67 to 51, down by 23.9 %; Water had 25 claims at the end of the second quarter 2009 and 22 in FY2010, down by 12 %. All other departments had insignificant increases /decreases. 500 450 400 350 300 250 200 150 100 50 0 Graph WC -1 Year -To -Date Claims Count Comparison (Period Ending January 31) FY08 FY09 —289— FY10 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets Police 11 Table WC -1 Year -to -Date Claims Count Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 -FY10 Police 118 92 83 -9.8% Fire 63 49 71 44.9% Solid Waste 39 67 51 - 23.9% Wastewater 45 27 41 51.9% Park & Recreation 45 34 35 2.9% Water 23 25 22 -12.0% Gas 14 22 20 -9.1 Streets 25 16 19 18.8% Storm Water 5 10 9 -10.0% All Other 78 89 96 7.9% Total: 455 431 447 3.7% Incurred costs have decreased from FY2009 compared to FY2010, going from $821,468 to $671,939, down 18.2% as shown by Graph WC -2 and Table WC -2. Wastewater had the largest increase (275.7 %) while Streets had the largest decrease (74.9 %) in incurred costs. Incurred costs also increased in the Gas department (33.7 %) and Park & Recreation (25.8 %). Incurred costs decreased in Storm Water (69.9 %), Fire (25.9 %), and Solid Waste (26.4 %). $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Graph WC -2 Year -To -Date Incurred Cost Comparison (Period Ending January 31) FY08 FY09 -291- FY10 • All Other • Park & Recreation ❑ Fire • Gas Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police 12 Table WC -2 Year -to -Date Incurred Costs Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Solid Waste $ 28,775 $ 240,808 $ 177,252 -26.4% Police $ 271,047 $ 126,328 $ 117,691 -6.8% All Other $ 83,859 $ 103,184 $ 103,826 0.6% Fire $ 50,547 $ 83,034 $ 61,541 -25.9% Gas $ 14,254 $ 45,594 $ 60,955 33.7% Wastewater $ 40,881 $ 11,086 $ 41,647 275.7% Water $ 69,559 $ 32,385 $ 38,951 20.3% Storm Water $ 5,981 $ 109,467 $ 32,992 -69.9% Park & Recreation $ 69,627 $ 19,500 $ 24,525 25.8% Streets $ 65,092 $ 50,082 $ 12,558 -74.9% Total: $ 699,622 $ 821,468 $ 671,939 -18.2% Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our incurred cost at the end of the second quarter of FY10 was $671,939; paid cost totaled $333,981. $1,000,000 $800,000 $600,000 $400,000 $200,000 Graph WC -3 Incurred Costs vs. Paid Costs (Period Ending January 31) FY08 FY09 o Incurred Costs • Paid Costs -293- FY10 13 Graph WC -4, represents dollars paid during the first six months of the year for claims filed in previous years. The total is $935,933, of which 65% were payments on claims filed in FY09. Graph WC -4 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 Dollars Paid in Current Year for Prior Years' Claims Prior to FY06 FY06 FY07 FY08 FY09 Graph WC -5 shown next provides claims count data by the type of accident occurring during the first six months of each of the recent fiscal years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year and are two of the most common types of accident the City incurs. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Accident (Period Ending January 31) aye FY08 FY09 —295— FY10 Graph WC -5 ❑ All Other • Struck /Injured • Striking Against /Stepping On ❑ Strain /Injury • Motor Vehicle o Foreign Body in Eye • Falls /Slips ❑ Cuts /Scrapes ❑ Caught Between • Bums /Scalds o Animal /Insect Bite 14 Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Injury (Period Ending January 31) FY08 FY09 FY10 Graph WC -6 ■ All Other Injuries • Strain ❑ Sprain ® Puncture O Multiple Physical Injuries • Laceration ❑ Inflamation ❑ Foreign Body • Contusion (bruise) o Bum Table WC -3 shows that the type of injury that has increased the most is Multiple Physical Injuries, up 190.9 %, followed by All Other Injuries (153.1 %) and Punctures (64.7 %). Overall, the total number of injuries has increased only 3.7% from FY09 to FY10. Year -To -Date Claims Count by Type of Injury (Period Ended January 31) Claim Type FY08 FY09 FY10 % Change FY09 to FY10 Strain 89 121 108 -10.7% All Other Injuries 156 32 81 153.1% Contusion (bruise) 60 81 66 -18.5% Sprain 33 39 42 7.7% Laceration 55 61 37 -39.3% Multiple Physical Injuries 5 11 32 190.9% Inflammation 13 44 31 -29.5% Puncture 27 17 28 64.7% Foreign Body 9 15 13 -13.3% Burn 8 10 9 -10.0% Total: 455 431 447 3.7% —297— Table WC -3 15 General Liabilities General Liability claims filed in the first six months of FY10, compared to FY09, increased by 27 %, from 311 to 395, as shown in Graph GL -1 and Table GL -1. The largest increases were in Water (111.5 %), Streets (78.9 %) and Solid Waste (50 %), and the largest decreases were in Park & Recreation (23.5 %) and Fire (17.6 %). Graph GL -1 450 400 350 300 250 200 150 100 50 Liability Claims Count by Department Period Ended January 31 FY08 FY09 FY10 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police Table GL -1 General Liability Claims Count By Department (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Police 81 69 68 -1.4% Streets 30 38 68 78.9% All Other 29 45 59 31.1% Water 36 26 55 111.5% Wastewater 51 40 44 10.0% Solid Waste 42 28 42 50.0% Storm Water 15 20 21 5.0% Fire 24 17 14 -17.6% Park & Recreation 25 17 13 -23.5% Gas 23 11 11 0.0% Total: 356 311 395 27.0% 16 -299- As shown below in Graph and Table GL -2, overall incurred costs have decreased 60% in FY10 compared to FY09. Incurred cost for Streets claims was the largest of all departments, with a 848.5% increase from FY09 to FY10. We also saw increases in Parks and Recreation (78.8 %). The largest decreases were in Fire (100 %), Police (94.6 %), Water (72.7 %) and Gas (70 %). Graph GL -2 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 General Liability Incurred Costs by Department Period Ended January 31 FY08 FY09 FY10 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police Table GL -2 General Liability Incurred Costs By Department Period Ended January 31 Department FY08 FY09 FY10 % Change FY09 to FY10 Solid Waste $ 15,339 $ 55,426 $ 38,792 -30.0% Water $ 2,151 $ 65,661 $ 17,930 -72.7% Police $ 79,735 $ 288,236 $ 15,465 -94.6% Parks $ 8,034 $ 7,472 $ 13,358 78.8% Wastewater $ 8,729 $ 17,260 $ 12,534 -27.4% Storm Water $ 50,750 $ 12,338 $ 7,649 -38.0% Gas $ 6,400 $ 20,194 $ 6,050 -70.0% Streets $ 4,979 $ 517 $ 4,908 848.5% Fire $ 12,864 $ 15,297 $ - - 100.0% All Other $ 47,806 $ 5,797 $ 78,607 1256.0% Total: $ 236,786 $ 488,198 $ 195,293 -60.0% -301- 17 As shown in Graph GL -3 below, the percent of incurred costs actually paid out was 48% in FY08, 37% in FY09 and 62% in FY10. The total number of claims from FY09 to FY10 increased 27 %, the total incurred costs decreased 60 %, and the paid costs decreased 32.1 %. Graph GL -3 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Incurred Costs vs. Paid Costs Period Ended January 31 FY08 FY09 o Incurred Costs • Paid Costs FY10 General Liability Claims Types The following Graph GL -4 and Table GL -3 show claim counts by type of claim for General Liability claims. Property Damage claims continue to be one of the largest number of claims filed, however vehicle accidents and damage to vehicles was the most common. The claim types with the largest increases from FY09 to FY10 are Policies/Practices /Contract claims (100 %) and City Only claims (75.9 %). 18 —303— Graph GL -4 450 400 350 300 250 200 150 100 50 0 General Liability Claim Types Period Ended January 31 FY08 FY09 FY10 ❑ Vehicle Related • Property Damage o Policies /Practices /Contract • Personal Injury ❑ Collectible ❑ Civil Rights /Employment • City Only o All Other The City Only claim type includes claims that are filed within city departments; not involving outside entities, such as when two city vehicles collide. The Policies/Practices /Contract claim type includes issues such as challenges to city ordinances or zoning issues. Table GL -3 General Liability Claim Types (Period Ended January 31) • Claim Type FY08 FY09 FY10 % Change FY09 to FY10 Vehicle Related 96 83 115 38.6% Property Damage 109 91 103 13.2% Collectible 82 69 93 34.8% City Only 42 29 51 75.9% Personal Injury 24 20 22 10.0% All Other 1 12 4 -66.7% Civil Rights /Employment 0 7 4 -42.9% Policies /Practices /Contract 2 0 3 100.0% Total: 356 311 395 27.0% 19 -305- Graph GL -5 charts the amount of money paid during FY2010 for claims filed in previous years. The total amount paid is $727,677of which 31% were payments on FY09 claims and 42.9% were payments on FY08 claims. Graph GL -5 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 Dollars Paid in Current FY for Prior Years' Claims Period Ended January 31 Prior to FY06 FY06 FY07 FY08 FY09 Motor Vehicle Accidents At the end of the 2nd quarter of FY10, the number of total motor vehicle accidents was 124, compared to 146 for FY09, down 15 %. The number of total preventable accidents for FY10 was 72, compared to 62 in FY09, up 16 %. The Police Department consistently has the highest number of preventable accidents each year. 160 140 120 100 80 60 40 20 City Vehicle Accidents Annual Comparison - Period Ended January 31 Graph GL -6 2008 2009 o Number of Accidents ■ Number of Preeentables 2010 20 —307— Year -To -Date Claims Count Comparison (Period Ending January 31) 500 450 • All Other 400 Park & Recreation • 350 ❑ Fire 300 Gas 0 Storm Water 250 • Water 200 Solid Waste 150 ❑ Wastewater 100 »�» Streets 0 Police 50 0 1 1 FY08 FY09 FY10 O a E ch 0 U O • c O v • c ✓ • � C W m 18 +- O c�• a) o a IT a) • All Other • Park & Recreation 0 Storm Water 0 Solid Waste 0 Wastewater 4 N O ) U _ � O d 0 0 0 0 0 0 0 0 0 0 El 0 o o 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 69 co ti CD LO M N O� Eii f:} Eii f:} Eii f:} Eii f:} Eii co u_ 0 CD o o 0 0 0 0 0 o o 0 0 0 0 >.0 o o o a o o >0 Q E CO LO 0 0 - Ef} Eft Ef} Efi Ef} Ef}' i 0) E cc a Q M 0 co A = s) _ ca O w U v CO = E w O U 'E a .0 ca J All Other Park & Recreation N cn ❑ ❑ Storm Water 1L-2 co o Solid Waste Wastewater 1 1 1 1 EMU ° In 00 0 00 I°n 00 0 00 I° 0 n Tr M M N N 0_ LL E to Q. 0 A M N O O c) 'c3 v :.iw v o S J cv c Dollars Paid in Current FY for Prior Years' Claims Period Ended January31 1■•• co Eft co 0 0 .cf 47). o o o o o o o o o o o o o o 0 0 0 0 0 0 0 0• 0• ci 0• 0• ci 0• ul o in o in 0 in C.) cl N N t7). 7). EA- EA- EA- EA- EA- CO 0 LI N- O LL cD >- u- Prior to FY06 City Vehicle Accidents Annual Comparison - Period Ended January 31 160 146 140 137 124 120 100 80 62 72 60 60 40 20 0 2008 2009 2010 ❑ Number of Accidents 0 Number of Preventables 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 18, 2010 AGENDA ITEM: Motion directing staff to plan for a Charter Amendment Election on November 2, 2010 that would include a charter amendment proposition changing the City Council election date from the second Saturday in May to the November uniform election date and other Council approved Charter propositions. BACKGROUND: On April 27, 2010, the City Council reviewed recommendations presented by the 2008 -2009 Charter Review Committee. The following propositions /topics were approved for inclusion at the next Charter Amendment election: 1. Updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent. 2. Changing the term limits on the Mayor and Council members to allow for a waiting period of 3 terms before a person can run again. 3. Adding a position of City Auditor who shall be appointed by the City Council. 4. Clarifying the provisions concerning leases, franchises and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi-year agreements no longer than five years. 5. Authorizing a removal process for Municipal Court Judges. ISSUES: The Texas Legislature has set a deadline of December 31, 2010 for cities to make a decision to move to the November election date. If the City is interested in moving to the November date, the Charter would have to be amended to allow for such a move at the November 2, 2010 election which would cost the City approximately $160,000. —349— Following are estimated costs and historical voter turnout on uniform election dates: Uniform Election Date 2°d Saturday in May 1st Tues after 1ST Sat Nov. of odd years 1s` Tues after 1s` Sat Nov. of even years EstimatedCost Historical Turnout $200K $160K $160K 12 -16% 12 -16% 50 -55 %* *50 -55% is reported total voter turnout. Voter turnout for school and college district races is approximately 35 %. RECOMMENDATION: Discuss and provide direction to staff to plan for a November 2010 or May 2011 Charter Amendment election. Armando Chapa City Secretary (361) 826 -3105 armandoc(&cctexas.com —350— Carlos Valdez City Attorney (361) 826 -3873 Carlosv(ai.cctexas.com 16 AGENDA MEMORANDUM DATE: May 18, 2010 SUBJECT: Bayfront Development Plan, Phase 3 (BOND ISSUE 2008) Project No. 6511/ CIP No: ST 17 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $1,126,976.70, for a total re- stated fee of $1,168,976.70 for the Bayfront Development Plan, Phase 3. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 7 Bayfront Master Plan project. HDR Engineering, Inc. was selected as the design consultant for this project on December 17, 2008. The proposed Amendment No. 1 is for roadway improvements from Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline Boulevard. FUNDING: Funding is available from the FY2010 Street Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends.approval of the Motion as presented. Pete Anaya, P.E., Director of Engineering Services 361- 826 -3781 • petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map —35 H en : \HOME \KellyO \GEN\STREETS \6511- Bayfront Development Plan, Phase 3VSmd"ment No. 1\2 AGENDA MEMO.doc AGENDA BACKGROUND SUBJECT: Bayfront Development Plan, Phase 3 (BOND ISSUE 2008) Project No. 6511/ CIP No: ST 17 AMENDMENT NO. 1 DESCRIPTION: The limits of the project include roadway improvements from Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline Boulevard. This project does not include the Coliseum or the adjacent north parking lot, nor does it include improvements within the adjacent park areas. This project will include utility stub -outs to the park areas, as well as minor re- grading and re- vegetation for areas demolished under this contract. The project will relocate the northbound lanes of South Shoreline Boulevard to the west. The consultant, HDR Engineering, Inc., will provide professional services for the coordination with City staff for preliminary design, final design and construction documents, bidding, and construction phases described further below: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1. Traffic Analysis 2. Public Involvement and Coordination Meetings 3. Permitting 4. Survey 5. Subsurface Utility Engineering 6. Construction Observation Services 7. Warranty Phase The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include traffic analysis, public involvement and coordination meetings, permit preparation, right -of -way HAHOME\KellyO\GEN\STREETS \6511 - Bayfront Development Plan, Phase 3mendment No. 113 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 3 and topographic surveys, subsurface utility engineering, construction observation services, and warranty phase services. Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director of Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "B ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is required. ORIGINAL CONTRACT: The original contract provided preliminary engineering services for the development of a preliminary Engineering Letter Report (ELR) for the Bayfront Development Plan, Phase 3. The project limits include Shoreline Boulevard between Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline Boulevard. This project does not include the Coliseum or the adjacent north parking lot. The project will relocate the northbound lanes of South Shoreline Boulevard to the west. Scope of services include the following: • Perform necessary field investigations to generally establish the nature of the project site. Photographs will be taken as applicable. • Perform partial right -of -way and horizontal alignment survey to provide basic data for use in developing one conceptual horizontal roadway alignment for proposed project. • Attend up to one project meeting with City staff and distribute meeting minutes within seven days of the meeting. • Submit one (1) copy in an approved electronic format (PDF) and one (1) paper copy of a preliminary ELR for City review and approval. This brief preliminary ELR shall include the following: • Project location • Project background • Overview of existing roadway conditions and existing roadway utilities • Conformance with relevant city master plans • Project roadway right -of -way considerations • Schematic strip maps of existing condition, proposed conceptual roadway alignment and proposed conceptual roadway utility layouts • Conceptual typical roadway sections (considering both 4 -lane and 6 -lane section for one flexible pavement and one rigid pavement section) • Conceptual opinion of probable project costs PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was H: \HOME\KellyO \GEN\STREETS \6511 - Baytront Development Plan. Phase 3\A 3 5 5nt No. 1 \3 AGENDA BACKGROUND.doc held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. BOND ISSUE 2008: The Bayfront Implementation Plan provides for the relocation of traffic lanes inland away from the water. The realignment will begin near Coopers Alley and continue south until they merge back to the current Shoreline alignment south of McGee Beach in the vicinity of Furman and Buford. The realignment will reduce the number of traffic lanes from the current three lanes in each direction to two lanes in each direction. This phase of work provides a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L -Head. The realignment could include: improved access to water features such as the Seawall steps, beach and marina without crossing multiple lanes of traffic; a large public space for community events, concerts, festivals and other special events; public amenities and the necessary utility connections and lighting to support such events. 3CA H: \HOME\KellyO \GEN\STREETS \6511 - Bayfront Development Plan, Phase mendment No. 1\3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Bayfront Development Plan, Phase 3 (BOND ISSUE 2008) Project No. 6511/ CIP No: ST 17 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. June 19, 2009 — Administrative approval of Small NE Agreement for Architect/ /Engineer Consultant Services with HDR Engineering, Inc. in the amount of $42,000 for the Bayfront Development Plan, Phase 3. H:I HOME \Kelly° \GEN \ STREETS \6511• Bayfront Development Plan, Phase 37315n7nt No. 114 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Bayfront Development Plan, Phase 3 (BOND ISSUE 2008) Project No. 6511/ CIP No: ST 17 1. SCOPE OF PROJECT Bavfront Development Plan, Phase 3 (Project No. 6511) BOND ISSUE 2008 - The limits of the project include roadway improvements from Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline Boulevard. This project does not include the Coliseum or the adjacent north parking lot, nor does it include improvements within the adjacent park areas. This project will include utility stub -outs to the park areas, as well as minor re- grading and re- vegetation for areas demolished under this contract. The project will relocate the northbound lanes of South Shoreline Boulevard to the west. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Tuesday May 18, 2010 Consultant Contract Approval Wednesday May 12, 2010 Begin Preliminary Phase Friday August 13, 2010 Submit Roadway and TCP Strip Maps (30% submittal) Friday August 27, 2010 30% Design Review Workshop Monday August 30, 2010 Begin Design Phase Friday December 31, 2010 Submit Legal Descriptions and Parcel Maps for ROW Acq. Friday December 31, 2010 Submit Interim (60 %) Plans Friday January 14, 2011 60% Design Review Workshop Friday May 6, 2011 Pre -Final Submittal H: \HOME\KellyO\GEN\STREETS \6511- Bayfront Development Plan, Phase 3\Amenoment No. 1 \5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 2 4. Friday May 20, 2011 Design Review Workshop Friday June 3, 2011 Final Submittal Monday (2) TBD Advertise for Bids Wednesday TBD Pre -Bid Conference Wednesday TBD Receive Bids Wednesday TBD Council Award Friday TBD Begin Construction Friday TBD Roadway Realignment Complete Admin A. •royal M2010- The estimated construction cost for Bayfront Development Plan, Phase 3 BOND ISSUE 2008 is $7,880,232. The total basic services fee proposal for this project is $720,173.50. Therefore, the percentage of design cost to construction cost is 9.14 %. H: \NOME\Kelly° \GEN \STREETS \6511- Bayfront Development Plan, Phase 3\Amendment No. 1 \5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 2 Initial Contract Amend. No. 1 Total BASIC SERVICES 1 Preliminary Phase $42,000.00 $74,836.40 $116,836.40 2 Design Phase 0.00 495,300.00 495,300.00 3 Bid Phase 0.00 16,015.10 16,015.10 4 Construction Phase 0.00 92,022.00 92,022.00 Subtotal Basic Services 42,000.00 678,173.50 720,173.50 ADDITIONAL SERVICES 1 Traffic Analysis 0.00 32,563.20 32,563.20 2 Public Involvement and Coordination Meetings (Authorized) 0.00 49,458.80 49,458.80 3 Permitting (Authorized) 0.00 13,906.40 13,906.40 4 Survey (Authorized) 0.00 91,320.20 91,320.20 5 Subsurface Utility Engineering (Authorized) 0.00 83,446.00 83,446.00 6 Construction Observation Services (up to 20 hours per week for up to 14 months) 0.00 163,353.00 163,353.00 7 Warranty Phase 0.00 14,755.60 14,755.60 Subtotal Additional Services 0.00 448,803.20 448,803.20 TOTAL FEE $42,000.00 $1,126,976.70 $1,168,976.70 Admin A. •royal M2010- The estimated construction cost for Bayfront Development Plan, Phase 3 BOND ISSUE 2008 is $7,880,232. The total basic services fee proposal for this project is $720,173.50. Therefore, the percentage of design cost to construction cost is 9.14 %. H: \NOME\Kelly° \GEN \STREETS \6511- Bayfront Development Plan, Phase 3\Amendment No. 1 \5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 2 PROJECT BUDGET BAYFRONT DEVELOPMENT PLAN, PHASE 3 BOND ISSUE 2008 PROJECT NO. 6511 May 18, 2010 FUNDS AVAILABLE: Street CIP 2010 ST 17 (Three -Year Total) $12,955,000.00 * Street CIP 2009 (Original Small A/E, HDR Engineering, Inc.) $42,000.00 Total $12,997,000.00 FUNDS REQUIRED: Estimated Construction (Contractor To Be Determined) $7,880,232.00 Contingencies (10 %) 788,023.20 Consultant (HDR Engineering, Inc.) 1,168,976.70 Estimated Testing 157,604.64 Estimated Reimbursements 843,184.82 Estimated Misc. (Printing, Advertising, etc.) 39,401.16 Total $10,877,422.52 FUNDS REMAINING $2,119,577.48 * The original Small A/E for HDR Engineering, Inc. in the amount of $42,000 was encumbered under FY 2009 CIP. EXHIBIT "D" Page 1 of 1 File : \ Mproject \councilexhibits \exh6511 b.dwg j!. 1 1 TA PRO J 111 r , • r h P OR n 0 ❑u hit ■ olvEogit CDNEc, s 111 PROJECT No. 6511 PROJECT SITE �cr�r�r Cif 'ICS' B.ly VICINITY MAP EXHIBIT "E" NOT TO SCALE Bayfront Development Master Plan, Phase 3 BOND ISSUE 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/18/2010 MN O= SIND -361- in p p 0. ri op go 4.1 RIC' NI o (11 ma RI CD .. a) p e 4.• p ,� > u o E vil (5 �' p 4 to c el p u 0/ to c 4.1 a) IliNir MC 4.1 ) 3 E _.. � * 11 Qi al 0) (11i .0 p 0. it A- .0 0 it Ti p0. .er p �o 3p C3J CI o NI 1-00 .� 4001 .. 0 I1) © R el .c �� 0 m � L fir p f5 0) CD Cri G cu dMt [13 u) 2E =co a. a. a. a. a. % ... i %., co PI eu w ici in eu IC o cZ IIC OM L w.. e 4.1 :5 fp 12. E co ce 4-• 0 •• t c 0 4.• a) 4.1 N CD ....1 . Cis cli 15 c .s 1 o 0 .1_ Tii co 72 12) 0 w iE CI me V 44 e 2 s : c iti CO ca. Ci CO 1 1. 0 CD m cu mC O a) .0 .F.. fp "5 E › (u co • c 0 0 = 0 a) co 4.• E N .. ci) CI) .= i al .15 0 ma; CO MI .0 Li 0 0to in C > a i c to C E 49 2 0 0 ■_ S 7ii Eta 1 iv 0 1 tj o V tri No 0. 0. 0. to L 4' 15 X ■ E 4- 0 4' 0) to 0 m w D E co 4-i 0 Eo N E o 0 re) co w • • 0 u w .r. 0 1 ci U flu3 uo 5 Ri 0. a. st‘i 8 >4 ala 131 Wm. CO _ ■Cif E 17 AGENDA MEMORANDUM DATE: May 18, 2010 SUBJECT: Williams Drive (BOND ISSUE 2008) Phase 1 from Rodd Field to Nile Drive (Project No. 6466 / CIP No. ST 23) Phase 2 from Nile Drive to Airline (Project No. 6467 / CIP No. ST 24) A. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $974,190, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 1, from Rodd Field to Nile Drive. (BOND ISSUE 2008) B. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Naismith Engineering of Corpus Christi, Texas in the amount of $1,106,174, for preliminary design, design, bidding, and construction phase services and additional services for Williams Drive, Phase 2, from Nile Drive to Airline. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Streets. A contract for professional services is required to complete the preliminary design phase, final design phase, bid phase, and construction phase; and requires City Council approval. RVE, Inc. and Naismith Engineering were initially selected for the Phase 1 and Phase 2, respectively, for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map Exhibit "F" PowerPoint Presentation H: \HOME\VelmaP \GEN \STREET\6467 WILLIAMS DRIVE PHASE 2 \CONSUL &&TTRACT\AGENDA 2 MEMO.doc BACKGROUND INFORMATION SUBJECT: Williams Drive (BOND ISSUE 2008) Phase 1 from Rodd Field to Nile Drive (Project No. 6466 / CIP No. ST 23) Phase 2 from Nile Drive to Airline (Project No. 6467 / CIP No. ST 24) PROJECT DESCRIPTION: Williams Drive, Phase 1, from Rodd Field to Nile Drive - The proposed project improves the existing two lane roadway to a four lane roadway (C3 Collector). The improvements will include curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The project will include an 8 -foot wide sidewalk on one side for a bike path. The intersection at Nile Drive will be signalized. A vehicle drop zone will be added at the school at the Nile intersection. Utility lines will be replaced and /or rehabilitated if needed. The storm water system will be increased in capacity and /or rehabilitated if needed. The construction budget for the project is $3,220,600. The project will also include Williams Drive Offsite Drainage Improvements as an additional service. The offsite drainage improvements will include an open channel system to meet the storm flow capacity requirements to be determined in separate study by Naismith Engineering Inc. The offsite drainage improvements may require regulatory permitting. Naismith Engineering will provide all regulatory permitting services. The construction budget for the offsite drainage improvements is $5,000,000. Williams Drive, Phase 2, from Nile Drive to Airline — The proposed project improves the existing two lane roadway to a four lane roadway (C3 Collector). The improvements will include curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The project will include an 8 -foot wide sidewalk on one side for a bike path. The intersection at Nile Drive will be signalized. Utility lines will be replaced and /or rehabilitated if needed. The storm water system will be increased in capacity and /or rehabilitated if needed. The construction budget for the project is $8,431,000. The project will also include storm water hydrology /hydraulic study. This study will determine needed offsite drainage improvements including sizing of open channel system to meet the storm water flow capacity requirements. Naismith Engineering will also provide necessary regulatory permitting services. CONTRACT DESCRIPTION: The consultants, RVE, Inc. and Naismith Engineering, will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will H: \HOME\VelmaP \GEN \STREET16467 WILLIAMS DRIVE PHASE 2 \CONSULTANT a FAMAGENDA 3 BACKGROUND.doc EXHIBIT "A" Page 1 of 2 EXHIBIT "A" Page 2 of 2 include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, right -of -way and topographic surveys, construction observation services, public meetings, sanitary sewer investigation, subsurface utility exploration, franchise utility coordination, and off -site drainage. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "0 ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is required. H: \HOME \VelmaP \GEN\STREET16467 WILLIAMS DRIVE PHASE 21CONSULTANT C7513-8617GENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Williams Drive (BOND ISSUE 2008) Phase 1 from Rodd Field to Nile Drive (Project No. 6466 / CIP No. ST 23) Phase 2 from Nile Drive to Airline (Project No. 6467 / CIP No. ST 24) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). EXHIBIT "B" Page 1 of 1 H: \HOME\VelmaP \GEN \STREEf\6467 WILLIAMS DRIVE PHASE 2 \CONSULTANT CONTRACT\AGENDA 4 PRIORACTIONS.doc —386— EXHIBIT "C" I Page 1 of 4 CONTRACT SUMMARY SUBJECT: Williams Drive (BOND ISSUE 2008) Phase 1 from Rodd Field to Nile Drive (Project No. 6466 / CIP No. ST 23) Phase 2 from Nile Drive to Airline (Project No. 6467 / CIP No. ST 24) 1. SCOPE OF PROJECT Williams Drive, Phase 1, from Rodd Field to Nile Drive - The proposed project improves the existing two lane roadway to a four lane roadway (C3 Collector). The improvements will include curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The project will include an 8 -foot wide sidewalk on one side for a bike path. The intersection at Nile Drive will be signalized. A vehicle drop zone will be added at the school at the Nile intersection. Utility lines will be replaced and /or rehabilitated if needed. The storm water system will be increased in capacity and /or rehabilitated if needed. The construction budget for the project is $3,220,600. The project will also include Williams Drive Offsite Drainage Improvements as an additional service. The offsite drainage improvements will include an open channel system to meet the storm flow capacity requirements to be determined in separate study by Naismith Engineering Inc. The offsite drainage improvements may require regulatory permitting. Naismith Engineering will provide all regulatory permitting services. The construction budget for the offsite drainage improvements is $5,000,000. Williams Drive, Phase 2, from Nile Drive to Airline - The proposed project improves the existing two lane roadway to a four lane roadway (C3 Collector). The improvements will include curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The project will include an 8 -foot wide sidewalk on one side for a bike path. The intersection at Nile Drive will be signalized. Utility lines will be replaced and /or rehabilitated if needed. The storm water system will be increased in capacity and /or rehabilitated if needed. The construction budget for the project is $8,431,000. The project will also include storm water hydrology /hydraulic study. This study will determine needed offsite drainage improvements including sizing of open channel system to meet the storm water flow capacity requirements. Naismith Engineering will also provide necessary regulatory permitting services. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. H: \HOME\VelmaP \GEN \STREET6467 WILLIAMS DRIVE PHASE 2 \CONSULTAT CONTRACTAGENDA 5 CONTRACT SUMMARY.doc 3. PROJECT SCHEDULE Williams Drive BOND ISSUE 2008 Phase 1, from Rodd Field to Nile Drive (Project No. 6466) Phase 2, from Nile Drive to Airline (Project No. 6467) Day Date Activity Monday September 27, 2010 30% Submittal (Letter Report) Wednesday October 6, 2010 Begin Design Monday January 31, 2011 60% Submittal Monday February 21, 2011 City Review Monday March 14, 2011 90% Submittal Monday April 4, 2011 City Review Wednesday April 25, 2011 Final Submittal Monday May 9, 2011 & May 16, 2011 Advertise for Bids Tuesday May 17, 2011 Pre -Bid Conference Wednesday May 25, 2011 Receive Bids Tuesday June 21, 2011 Contract Award Monday August 22, 2011 Begin Construction Friday February 22, 2013 Complete Construction H: \HOME \VelmaP \GEN \STREET\6467 WILLIAMS DRIVE PHASE 21CON -41 tVTCONTRACTV+GENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 2 of 4 4. SUMMARY OF FEES Williams Drive, Phase 1, from Rodd Field to Nile Drive (Project No. 6466) The estimated cost of construction for Williams Drive, Phase 1 - Rodd Field to Nile Drive is $3,220,600. The Basic Services fee for the project is $264,090. Therefore, the percentage of basic engineering services cost to construction costs is 8.2 %. H: \HOME\VelmaP\GEN \STREET\6467 WILLIAMS DRIVE PHASE 2\ CONSULTA3IE2ITRACTIAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 3of4 Original Contract BASIC SERVICES 1 Preliminary Phase $39,600.00 2 Design Phase 158,460.00 3 Bid Phase 13,200.00 4 Construction Phase 52,830.00 Subtotal Basic Services Fees 264,090.00 ADDITIONAL SERVICES 1 Permit Preparation (Authorized) 14,680.00 2 ROW Acquisition Survey (Authorized) 54,700.00 3 Topographic Survey and Parcel Descriptions (Authorized) 34,340.00 4 Subsurface Utility Exploration (Authorized) 40,500.00 5 Box Culvert Evaluation (Authorized) 78,020.00 6 Box Culvert Rehabilitation Design TBD 7 Offsite Drainage Design, Bid Phase, Construction Phase (Authorized) 245,000.00 8 Television Inspection of Sewer Lines (Authorized) 40,540.00 9 Public Meetings (3 Meetings) (Authorized) 11,730.00 10 Construction Observation Services (18 -Month Duration) (24 hrs /wk x $100/hr) 187,200.00 11 Warranty Phase (Authorized) 3,390.00 Subtotal Additional Services Fees 710,100.00 TOTAL PROJECT FEE $974,190.00 The estimated cost of construction for Williams Drive, Phase 1 - Rodd Field to Nile Drive is $3,220,600. The Basic Services fee for the project is $264,090. Therefore, the percentage of basic engineering services cost to construction costs is 8.2 %. H: \HOME\VelmaP\GEN \STREET\6467 WILLIAMS DRIVE PHASE 2\ CONSULTA3IE2ITRACTIAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 3of4 Williams Drive, Phase 2, from Nile Drive to Airline (Project No. 6467) Bond Issue 2008 The estimated cost of construction for Williams Drive, Phase 2 - Nile Drive to Airline is $8,431,000. The Basic Services fee for the project is $691,342. Therefore, the percentage of basic engineering services cost to construction costs is 8.2 %. H: \HOME \Velmap\GEN \STREET\6467 WILLIAMS DRIVE PHASE 2 \CONSZT3194171tRACTIAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 4 of 4 Original Contract BASIC SERVICES 1 Preliminary Phase $172,835.50 2 Design Phase 483,939.40 3 Bid Phase 6,913.42 4 Construction Phase 27,653.68 Subtotal Basic Services Fees 691,342.00 ADDITIONAL SERVICES 1 Permit Preparation (Authorized) 5,200.00 2 ROW Acquisition Survey (Authorized) 8,500.00 3 Topographic Survey and Parcel Descriptions (Authorized) 42,000.00 4 Subsurface Utility Exploration (Authorized) 54,472.00 5 CCTV Wastewater Lines (Authorized) 15,000.00 6 Construction Observation Services (Optional) 149,760.00 7 Storm Water Hydrology /Hydraulic Study (Authorized) 125,000.00 8 TCEQ Water Quality Permit (Optional) 1,000.00 9 Archeological Survey (Optional) 4,000.00 10 Endangered /Threatened Species Survey (Optional) 2,000.00 11 Mitigation Construction Plans (Optional) 3,500.00 12 Three (3) Public Meetings (Authorized) 3,500.00 13 Warranty Phase (Authorized) 900.00 Subtotal Additional Services Fees 414,832.00 TOTAL PROJECT FEE $1,106,174.00 The estimated cost of construction for Williams Drive, Phase 2 - Nile Drive to Airline is $8,431,000. The Basic Services fee for the project is $691,342. Therefore, the percentage of basic engineering services cost to construction costs is 8.2 %. H: \HOME \Velmap\GEN \STREET\6467 WILLIAMS DRIVE PHASE 2 \CONSZT3194171tRACTIAGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 4 of 4 FUNDS AVAILABLE: Bond Issue 2008 Street CIP Utilities Total PROJECT BUDGET WILLIAMS DRIVE (BOND ISSUE 2008) PHASE 1 FROM RODD FIELD TO NILE DRIVE (PROJECT NO. 6466) PHASE 2 FROM NILE DRIVE TO AIRLINE (PROJECT NO. 6467) May 18, 2010 FUNDS REQUIRED: Construction (estimate): Phase 1 from Rodd Field to Nile Drive Phase 1 from Rodd Field to Nile Drive (Off Site Drainage) Phase 2 from Nile Drive to Airline Contingencies (10 %) Consultant: RVE, Inc (Phase 1 from Rodd Field to Nile Drive) Naismith Engineering (Phase 2 from Nile Drive to Airline) Testing Reimbursements Misc. (Printing, Advertising, etc.) Total FUNDS REMAINING H \HOMEWe &meRGEN\STREETB467 WILLIAMS DRIVE PHASE 2\CONSULTANT CONTRACTAGENDA 6 PROJECT BUDGET -391- Phase 1 Phase 2 Total $1,188,000.00 $4,840,950.00 $6,028,950.00 8,506,239.00 6,757,672.00 15,263,911.00 9,694,239.00 11,598,622.00 21,292,861.00 3,220,600.00 0.00 3,220,600.00 3,636,363.00 0.00 3,636,363.00 0.00 8,431,000.00 843,100.00 8,431,000.00 1,528,796.00 685,696.00 974,190.00 0.00 974,190.00 0.00 1,106,174.00 168,600.00 1,106,174.00 305,740.00 137,140.00 514,270.00 632,325.00 1,146,595.00 34,285.00 42,155.00 76,440.00 $9,202,544.00 $11,223,354.00 $20,425,898.00 $491,695.00 $375,268.00 $866,963.00 File : \Mproject \councilexh \exh6466- 6467.dwg NUECES BAY CORPUS CHRISTI BAY PROJECT #6466 & #6467 LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT "E" PROJECT #6466 WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE & PROJECT #6467 WILLIAMS DRIVE, PHASE 2 FROM NILE DRIVE TO AIRLINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5/18/2010 - — — - - war w a) 49 num E -a w 'a > 0 0 a/ L a 2 E ta u o a+ ix 60 au Zc3 ` I cu ,-1 Ida a) (1), IC CL co Z O a.+ cu c c c t 1 N d th t6 s a IN COUNCIL PRESENTATION May 18, 2010 co 0 0 N 'd C O co 1 w in c 0 r o L u in w 0 4) D1 4) . 4) ma CL U , >_ 4) a.+ — MI C mla u = a) u o v) a) o RI s VI g .6 4-a 4-a mia mia � � O L Di V V V V V V '- 4) 4) 4) 4) 4) 4) v • • • • • • ti) O O O O O O 3 m a a a a a a a • • • • • • • • N Williams Drive - Bond 2008 03 0 0 N 'd C 0 CO 1 (3) • CO Williams Drive - Bond 2008 1 I 1 1 IA 4w in to s O. 1 w 0 0 u V = V H W w 0 Ee L aI • -c; c rQ 6 -c; c c ro s L '- V i , m s= .- EL r(a O cLU) .471113 rQ E , N L L 6,3 - V 0 0 oc w L i w c ra i. Z 4 a) z 0 z . _ 2 1 1 u) CD — D ._ u) .>7 W aw i 6 0 D a) z u x 0 in im .47/ u) .>7 W 4 0 ,0 .1.1 rQ Z — ra W i z V i .1••1 s 0 s. Z V s aw Williams Drive - Bond 2008 0 03 0 ri 'Q 0 CO 1 (1) N w . (� V is = s~ a= a) o..51 o= VW C wia V E ' 1m% El Oz L CL • -0 s _ E o ra 0 a) .0 6 ig 4-i (i) _.= i a) u) L 47, s �-0 z , WI c = V al w L' .im c 0 r3 .c c ' 6m '- = L L = L _ c z (5 \� O a) 1. RI 4.1 �� Fi . I 0 (i) 2 E.N w — al iii 0 orate n � eu) ; v (i) (Dm al 0 al -0 u) ( z u _ to _ .- z .0 1 L) lim IP .U4 0.= iti < a1 0 gj � Q W ce U a ,_- V a) a) u, a) MIMI AI RI .. " =•=..5 ul " (i) m• 4.1 1- > OzoO0 0 >= O0 0 Williams Drive - Bond 2008 co 0 0 N 'd C O co 1 w >% a) via to L to o a) Ui ma Ei a) .im be constructed - Both Phases wi >% a) via ra L eu ci. a) Ui TS a) 4a to TS 0 E E O V V to a) . ._ ■ O V r V 4 1_ RI 4-• L Vi 4.• c >% O fa V 01 _ � O i z 1— -a 1 rn Williams Drive - Bond 2008 co 0 0 N 'd C O co w u i 4a W c 0 V MI _ w ._ s a) V a) w) ._ = V W .,..� O 7 L u, CL • Issue for Bids Commence Construction February, 2013 End Construction 0 _0 H a 9 WO iV -V H 2 O I- t.) V Q � O re 1--1 W H V • 1- n I0 ce I I., 0. zu)= inaI- aI- O LIJ ~ Q J ul O Z� =I-a VIZ �� O I- a0 al OVa Z * O .1 Williams Drive - Bond 2008 CX) 0 0 N 7= m vO O Lt qtr O O O O LA C O O ,-1 O N 0 00 N � O CO op O 01 vO N VI- I (1) V mia in w 0 W U� V ,A w W 'I+ tan 0< L = CIE a • Construction Costs cn cn cn . Ln U O N U � i NLi) E o c - O U w Q H Project Cost 1 1 1 Williams Drive - Bond 2008 co 0 0 N 'd C O co 1 (3) V °o °o N CO Z o ,-1 o 1.1 ,--I M k,p M L7 m 0000 1-1 0000 Z re 4A- 4A- 4A- W W Z ca Z W I- ,„ 4_, 4.1 ~ Li) .(6) 'A tnz 4_, 0 1, v 0 Q a v > VZ o.0� c ro lz a-+ i a) . - ■I- cu � c c .E D a U u w Q H L I a s 1 1 1 1 1 $11,223,354 ( • N .1 Williams Drive - Bond 2008 co 0 0 N 'd C O co 1 w QUESTIONS? M r-1 Williams Drive - Bond 2008 18 AGENDA MEMORANDUM City Council Action Date: May 18, 2010 SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar (Project No. 6469) CIP No. ST 25 & ST 26 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Contract for. Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,892,273 for design, bid, construction and additional phase services for Staples Street (Bond Issue 2008): • Staples Street, Phase 1 from Brawner to Barracuda • Staples Street, Phase 2 from Barracuda to Gollihar ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. These proposed improvements include the complete reconstruction of a five -lane urban arterial street including two travel lanes in each direction and a continuous left -turn center lane, as well as off -site drainage improvements to the Brawner Parkway Channel. The proposed contract is for design, bid, construction and additional phase services for this project. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteancctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Contract Summary Project Budget Location Map Powerpoint Presentation H: \HOME \Rachelle \GEN\Streets16468 & 6469 - Staples (Brawner to Gollihar)1Agenl2eVo_doc AGENDA BACKGROUND INFORMATION SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar (Project No. 6469) CIP No. ST 25 & ST 26 PROJECT DESCRIPTION: Both phases of street work will consist of the complete reconstruction of the five -lane urban arterial street including two travel lanes in each direction and a continuous left -turn center lane. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting (by AEP). CONTRACT DESCRIPTION: The consultant, LNV Engineering, will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases described further below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre -bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include permit preparation, right -of -way and topographic surveys, construction observation services, public meetings, sanitary sewer investigation, subsurface utility exploration, franchise utility coordination, and off -site drainage. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" Page 1 of 1 H: \HOME \Rachelle \GEN \Streets \6468 & 6469 - Staples (Brawner to Gollihar)'Agenda Background.doc —422— PRIOR PROJECT ACTIONS SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar (Project No. 6469) CIP No. ST 25 & ST 26 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). —423 - H: \HOME \Rachelle\GENIStreets16468 8 6469 - Staples Pawner to Gollihar)1Prior Project Actions.doc CONTRACT SUMMARY 1. SUBJECT: Staples Street (BOND ISSUE 2008) Phase 1 from Brawner to Barracuda (Project No. 6468) Phase 2 from Barracuda to Gollihar (Project No. 6469) CIP No. ST 25 & ST 26 The proposed improvements on Staples Street (Phases 1 and 2) from Brawner Parkway to Gollihar will consist of the complete reconstruction of the five -lane urban arterial street including two travel lanes in each direction and a continuous left -turn center lane. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting (by AEP). As part of this project, public utilities (water, wastewater, and gas) will also be rehabilitated or replaced to meet the City's Utility Master Plans. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY ACTIVITY PHASE 1 PHASE 2 Monday May 24, 2010 Begin Preliminary Phase Monday July 19, 2010 Submit Draft Engineering Letter Report Monday August 2, 2010 City Review Monday August 16, 2010 Submit Final Engineering Letter Report Monday August 23, 2010 City Review Monday August 23, 2010 Begin Design Phase Monday September 27, 2010 60% Submittal Monday October 11, 2010 City Review Monday October 25, 2010 Pre -Final Submittal Monday November 8, 2010 City Review Monday November 22, 2010 Final Submittal Monday (2) Nov. 9 & Dec. 6, 2010 Advertise for Bids Tuesday December 7, 2010 Pre -Bid Conference Wednesday December 15, 2010 Receive Bids Tuesday January 11, 2010 Award by Council Weekday March 2011 Begin Construction H: \HOMEIRachelle \GEN\Streets\646B & 6469 - Staples (Browner to Gollihar)\Cpy4 Summary.doc Monday April 4, 2011 Total Begin Design Phase Monday June 6, 2011 1 60% Submittal Monday June 20, 2011 Design Phase City Review Monday July 11, 2011 $14,545.80 Pre -Final Submittal Monday July 25, 2011 City Review Monday August 8, 2011 Final Submittal Monday (2) August 15 & 22, 2011 Advertise for Bids Tuesday August 23, 2011 2 Pre -Bid Conference Wednesday August 31, 2011 Topographic Survey Receive Bids Tuesday September 21, 2011 TBD Award by Council Weekday November 2011 Construction Completion Public Meetings Weekday December 2011 Sanitary Sewer Investigation Begin Construction Weekday August 2012 $81,675.00 Construction Completion 4. FEES Staples Street, Phase 1 - Brawner to Barracuda (Project No. 6468) Total Basic Services 1 Preliminary Design Phase $145,458.00 2 Design Phase $271,521.60 3 Bid Phase $14,545.80 4 Construction Phase $47,274.60 Subtotal Basic Services $478,800.00 Additional Services 1 Permit Prep TDLR TCEQ -TPDES Subtotal Permit Preparation $8,500.00 $1,500.00 $10,000.00 2 Right of Way Acquisition TBD 3 Topographic Survey $62,260.00 4 Construction Observation TBD 5 Warranty Phase $6,000.00 6 Public Meetings $15,000.00 7 Sanitary Sewer Investigation $146,500.00 8 Subsurface Utility Exploration $81,675.00 9 Franchise Utility Coordination $20,000.00 10 Off-Site Drainage $125,000.00 Subtotal Additional Services $466,435.00 Total Authorized Fee $945,235.00 The estimated construction cost for Staples Street Phase 1— Brawner to Barracuda is $6,060,750. The total basic services fee proposal for this project is $478,800. Therefore, the percentage of design cost to construction cost is 7.9 %. H: \HOME\RachellelGENtStreetsl6468 & 6469 - Staples (Brawner to Gollihar)1Con4a2 mmary.doc The estimated construction cost for Staples Street Phase 2 — Barracuda to Gollihar is $6,905,550. The total basic services fee proposal for this project is $545,538.00. Therefore, the percentage of design cost to construction cost is 7.9 %. H: \HOME \Rachelle \GEN \Streets16468 & 6469 - Staples (Brawner to Gollihar »Ce6 S_mmary.doc Staples Street, Phase 2 - Barracuda (Project No. 6469L to Gollihar Total Basic Services 1 Preliminary Design Phase $165,732.00 2 Design Phase $309,366.40 3 Bid Phase $16,573.20 4 Construction Phase $53,866.40 Subtotal Basic Services $545,538.00 Additional Services 1 Permit Prep TDLR TCEQ -TPDES Subtotal Permit Prep $8,500.00 $1,500.00 $10,000.00 2 Right of Way Acquisition TBD 3 Topographic Survey $69,190.00 4 Construction Observation TBD 5 Warranty Phase $6,000.00 6 Public Meetings $15,000.00 7 Sanitary Sewer Investigation $88,000.00 8 Subsurface Utility Exploration $68,310.00 9 Franchise Utility Coordination $20,000.00 10 Off -Site Drainage $125,000.00 Subtotal Additional Services $401,500.00 Total Authorized Fee $947,038.00 The estimated construction cost for Staples Street Phase 2 — Barracuda to Gollihar is $6,905,550. The total basic services fee proposal for this project is $545,538.00. Therefore, the percentage of design cost to construction cost is 7.9 %. H: \HOME \Rachelle \GEN \Streets16468 & 6469 - Staples (Brawner to Gollihar »Ce6 S_mmary.doc Combined Total Phase 1 and Phase 2 (Project Nos. 6468 & 6469) Total Basic Services 1 Preliminary Design Phase $311,190.00 2 Design Phase $580,888.00 3 Bid Phase $31,119.00 4 Construction Phase $101,141.00 Subtotal Basic Services $1,024,338.00 Additional Services 1 Permit Prep TDLR TCEQ -TPDES Subtotal Permit Prep $17,000.00 $3,000.00 $20,000.00 2 Right of Way Acquisition TBD 3 Topographic Survey $131,450.00 4 Construction Observation TBD 5 Warranty Phase $12,000.00 6 Public Meetings $30,000.00 7 Sanitary Sewer Investigation $234,500.00 8 Subsurface Utility Exploration $149,985.00 9 Franchise Utility Coordination $40,000.00 10 Off-Site Drainage $250,000.00 Subtotal Additional Services $867,935.00 Total Authorized Fee $1,892,273.00 The estimated construction cost for the combined total of Staples Street Phases 1 & 2 is $12,966,300. The total basic services fee proposal for these projects is $1,024,338. Therefore, the percentage of design cost to construction cost is 7.9 %. H:IHOME \Rachelle\GEN1Streets \6468 & 6469 - Staples (Brawner to Gollihar)1Cont yrmary.doc PROJECT BUDGET STAPLES STREET (BOND ISSUE 2008) PHASE 1 FROM BRAWNER TO BARRACUDA (PROJECT NO. 6468) PHASE 2 FROM BARRACUDA TO GOLLIHAR (PROJECT NO. 6469) May 18, 2010 FUNDS AVAILABLE: Bond Issue 2008 Street CIP Utilities Total FUNDS REQUIRED: Construction (estimate) Contingencies (10 %) Consultant (LNV Engineering) Reimbursements Estimated Testing Misc. (Printing, Advertising, etc.) Total FUNDS REMAINING HAHOME1RachetleeGEMStreets1646B B 8469 - Staples (Brawner to GoIIlhar) \PROJECT BUOGET.ads -428- Phase 1 Phase 2 Total $4,997,300.00 $5,226,900.00 $10,224,200.00 3,326,553.00 4,256,948.00 7,583,501.00 8,323,853.00 9,483,848.00 17,807,701.00 6,060,750.00 6,905,550.00 12,966,300.00 606,075.00 690,555.00 1,296,630.00 945,235.00 947,038.00 1,892,273.00 454,556.00 517,916.00 972,472.00 121,215.00 138,111.00 259,326.00 30,304.00 34,528.00 64,832.00 8,218,135.00 9,233,698.00 17,451,833.00 105,718.00 250,150.00 355,868.00 EXHIBIT "D" Pa4e1of1 File : \Mproject *pti Plir°/? P'6,gh councilexh \ 6468 -6469. dwg PHASE 1 16468 Staples Street from Brawner to Barracuda PROJECT # 6468 & 6469 104/7( I PHASE 2 #6469 Staples Street from Barracuda to Gollihar LOCATION MAP NOT TO SCALE 0 / EXHIBIT "E" Staples Street - Phase 1 from Brawner to Barracuda Phase 2 from Barracuda to Gollihar (BOND 2008) 12 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 -04 -2010 Stapes Street Reconstruction Phases 1 & 2 Project Nos. 6468 & 6469 CZ CD N 0 CO Council Presentation May 18, 2010 • Background • Project Limits a) 0 0 V C1) C31 c L a) a) c c w V a) .O L Ci- E eii •(n co m a) Cn co c mr172 0 CU (1) 0 • au 0 0 V (1) c 0 .4_J V L .i_J u) c 0 0 V au .O Ci- CU CU V (1) 0 CU .O L Ci- • .I_J ti) 0 0 V au .O L ci_ • 0 U L tn 0 V N DC L 00 mo 0 1 m V N (I) O N cL fp Q 1 C Q © a U " > NO O CON -0 0 •� Ulm 1 _ O M _E m11") 00 ' >a O 1-1 CD -o-uck EL1546 CD CY) 0 Ec >O!, ca � U OO C1-4-; Ln -O ,o �T' E cn'O 'E- O� Off'-' U Q —L C � u0_ a_D rP2 (0 o'n�p�j��caU -0 Es 2 0_ pin 1 cc' � CA cu ccBc° te a�i >n� �v) o O aoexcn2 V) m • MI MI MI : • • • nac owawr W I I u I i1 1 ift 0 Cri L tn O -o V ce O m a) I cu V (1i � 'o cL. � L a co Ni ty) czi 4) w a) U O 0 • co 'C Co U O 0_ I O V) (!) co I) U_ a o L CO 4) .C_ CD (f) E c '" "w CL CO tt U ca 0 c c co O w i CU ct 0_ a) () c (!) 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(o LO ct m N e-1 N ,--1 r-1 0 .-1 Ol co N to m trt CO N Ni .-1 �-I r-1 0 .-1 CI to Ln d- m N Staples Street Reconstruction Project — Bond 2008 F>j��t • O O 00 11) N VO N O co M M N M VD CO O M CO O N Oi �O - N D O N kO N L( O 0 N O CO O N i Construction Costs (Estimated) cn 4) •_ On ( � a) a) •_ V (I) a., (o ; V) O V .( - L U U N `n .0 an E 0 .c c a) a) � (n N N � � CD a--i V) 0 CCU) U W W DC W $17,451,833 wia ria O V ria .o a wia 0) O. 111 $21,711,975 CA A (ti• Cn C 0 CU CY 19 AGENDA MEMORANDUM City Council Action Date: Mav 18, 2010 AGENDA ITEM: Motion authorizing the appointment of Morgan Keegan & Company, Inc. as Senior Manager and Loop Capital Markets, L.L.C. as Co- Manager for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Certificates of Obligation, Series 2010, and the City of Corpus Christi, Texas General Improvement Bonds, Series 2010. ISSUE: The City of Corpus Christi intends to issue Combination Tax and Limited Pledge Certificates of Obligation in an amount not to exceed $3,000,000 for improvements to the Convention Center and Selena Auditorium and General Improvement Bonds in an amount not to exceed $14,000,000 for the last traunch of Parks and Recreation bonds as part of the Bond 2008 initiative. In order to begin this process, it is necessary to appoint an underwriting team so they may begin the analytical process necessary to support the City in this bond sale. PREVIOUS COUNCIL ACTION: May 11, 2010 - Approval of a resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. May 11, 2010 — Approval of a resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Convention Center facilities; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. May 11, 2010 - Approval of a motion authorizing the appointment of M. E. Allison as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010. FUTURE COUNCIL ACTION: June 22, 2010 — Ordinance providing for the issuance of Combination Tax and Limited Pledge Certificates of Obligation in an amount not to exceed $3,000,000 for improvements to the Convention Center and Selena Auditorium; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. June 22, 2010 — Ordinance providing for the issuance of General Improvement Bonds in an amount not to exceed $14,000,000 for the last traunch of Parks and Recreation bonds as part of the Bond 2008 initiative; establishing parameters regarding the sale of the general improvement bonds; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. —459— REQUIRED COUNCIL ACTION: Approval is required of the motion to appoint the financing team for the upcoming sale of bonds and certificates of obligation. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion appointing the financing team for the certificates of obligation and general improvement bonds to be issued in June 2010. Attachments: Background Information —460— Constance P. Sanchez Interim Director of Financial Services phone: 826 -3227 e -mail: constancep @cctexas.com BACKGROUND INFORMATION The City of Corpus Christi intends on having two individual bond issuances which will be ad valorem tax backed: (1) Combination Tax and Limited Pledge Certificates of Obligation in an amount not to exceed $3,000,000 for improvements to the Convention Center and Selena Auditorium; and (2) General Improvement Bonds in an amount not to exceed $14,000,000 for the last traunch of Parks and Recreation bonds as part of the Bond 2008 initiative. Since both of these issuances will be backed by ad valorem taxes (thus are general obligation issues), it makes fiscal sense to select one financing team for both issues. This will save the City of Corpus Christi money since only one set of fees will be paid to the underwriters, bond counsel, and financial advisor for this one combined issue — rather than paying 2 separate fees. To comprise the financing team, City Council approved M. E. Allison & Co. as financial advisor on May 11, 2010. Fulbright & Jaworski L.L.P. will serve as bond counsel on the financing team since they are currently under contract with the City to serve as the City of Corpus Christi's bond counsel. The third and final part of the financing team is the underwriter, and Morgan Keegan & Company, Inc. is being recommended as Senior Manager and Loop Capital Markets, L.L.C. as Co- Manager. Morgan Keegan & Company, Inc. previously served as Senior Manager for the City of Corpus Christi in December 2008 for the City's Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 and as Senior Manager in April 2004 for the Corpus Christi Business and Job Development Corporation's Sales Tax Revenue Bonds, Series 2004 to finance the baseball stadium. They performed well as Senior Manager for these deals, and since that time, has been actively reviewing and analyzing the City's debt. City staff is confident that Morgan Keegan & Company will perform well as Senior Manager for this deal. The Co- Manager recommended: Loop Capital Markets, L.L.C., is a minority -owned firm that has done work for the City in the past, and City staff would like to give them an opportunity to participate in this bond issue. Approval of this item will enable to financing team to begin with the preparation of one official statement for both issues and preparation of the necessary documents to proceed with the issuance on June 22, 2010. 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 18, 2010 AGENDA ITEM: Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor; Frost Bank as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as Co- Managers for the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A. ISSUE: The City of Corpus Christi intends on selling approximately $75,000,000 of Utility System Revenue Improvement Bonds in June 2010. In order to begin this bond sale process, it is necessary to appoint a financing team so they may begin the analytical process necessary to support the City in this bond sale. REQUIRED COUNCIL ACTION: Approval is required of the motion to appoint the financing team for the upcoming sale of said bonds. FUTURE COUNCIL ACTION: June 22, 2010 - Ordinance providing for the issuance of the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A in an aggregate principal amount not to exceed $75,000,000; establishing parameters regarding the sale of the revenue bonds; authorizing the distribution of a preliminary official statement; approving the execution of a purchase contract; and other related matters. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion appointing the financing team for the utility system revenue bonds scheduled to be issued in June 2010. Attachments: Background Information Financial Advisor Fee Schedule Bond Counsel Fee Schedule —465— Constance P. Sanchez Interim Director of Financial Services phone: 826 -3227 e -mail: constancep @cctexas.com BACKGROUND INFORMATION The City of Corpus Christi intends on selling approximately $75,000,000 of Utility System Revenue Improvement Bonds in June 2010. In order to begin this bond sale process, it is necessary to appoint a financing team so they may begin the analytical process necessary to support the City in this bond sale. To comprise the financing team, City staff is recommending M. E. Allison & Co. as financial advisor and Fulbright & Jaworski L.L.P. as bond counsel. Please note that it is not necessary to include bond counsel in the motion approving the financing team since the City currently has a contract with Fulbright & Jaworski L.L.P. as the City of Corpus Christi's bond counsel. Attached are both financial advisory fees and bond counsel fees associated with the issuance of these revenue improvement bonds. The third and final part of the financing team is the underwriter, and Frost Bank is being recommended as Senior Manager. Since this is a relative large bond deal, City staff is also recommending four underwriters to serve as Co- Managers: Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. Frost Bank served as Senior Manager on the City's last utility revenue bond issue in March 2009. They performed well as Senior Manager for these deals, and since that time, has been actively reviewing and analyzing the City's debt and has brought forth many ideas to help the City in its issuance of debt. Additionally, Frost Bank has a local presence of eight retail branch locations in Corpus Christi. City staff is confident that Frost Bank will perform well as Senior Manager for this deal. Each of the Co- Managers recommended: Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. has a good working relationship with the City of Corpus Christi. Although Hutchinson, Shockey, Erley & Company is new firm on the City's list of underwriters, the primary banker affiliated with that firm has assisted the City with many previous bond issues when he worked for other firms. Likewise each of the four firms being recommended as Co- Manager has been communicating financing options to the City over the past year. They are all qualified on our list of underwriting firms, and we would like to give each one an opportunity to participate in this City bond issue. Approval of this item will enable to financing team to begin with the preparation of the official statement and all the necessary documents to proceed with the issuance on June 22, 2010. —466— C/IVa � � i• �ae r ��de 1NVE$TMC14? BAH KVie FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION NOTES And Nct MN Ica! MEMBER $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $1$0,000 250,000 350,000 $9,500 plus $10.00 per 51,000 for all over $250,000 350,000 500,000 .$10;500 plus 55.00 par 51,000 for ell over 5350,000 500,000 700,000 511,700 plus $7.00 per $1,000 for all over 5500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over 5700,000 1,000,000 1,500,000 $14 ,900 plus 55.00 per 51,000 for ell over 51,000,000 1,500,000 5,000,000 517,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 P0,000,000 $27,900 plus 51.65 per$1,000 for all.ovar 55,000,000 10,000,000 20,000,000 536,150 plus 51.00 per 51,000 for all over 510,000,000 70,000,000 No T46,150 plNa.$0.tl5 per 51,000 for ate over $20,000„.000 REVENUE3OODS AND COMBINATION TAX AND REVENUE 13RT1RICATES Of . In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revamp • Cartit ca$sa.of Obligation, Refunding or Lease Purchase, the fee shall be the amount competed. from the above schedule plus 2534. FULBRIGHT & JAWORSKI LoLePe (San Antonio) Fee Schedule* Principal Amount of Obligations Obligations* (per S1,000 denomination) $0 - $10,000,000 $1.2500 $10,000,001425,000,000 $1.1250 $25,000,001 - $50,000,000 $0.8750 $50,000,001 - $100,000,000 $0.7500 $100,000,001 - $200,00n,0n0 $0.6250 Over $200,000,000 $0.5000 *This scale will be increased by 35% for the issuance of any refunding obligations and provides for a minimum fee of $15,000 for the issuance of any Obligations. *In addition, the City will authorize an amount not to exceed $5,000 to our Firm for additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly billing rates. *To the extent that our Firm is responsible for preparing the offering documents relating to the issuance of any Obligations, an additional fee of $7,500 will be charged. *This fee scale is not applicable if the Obligations are issued in a variable rate mode, are further secured with a liquidity facility, and /or involve the utilization of any derivative products, are issued by a non -profit corporationn created by the City, or are issued in connection with an economic development financing, including a TIRZ or other similar financing. *This fee schedule is applicable to the following types of Obligations: general obligation bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness. 80467497 .4 —468— EXPENSE/SERVICE Binding FULBRIGHT & JAWORSKI L.L.P, (San Antonio) Expenses and Services Summary** CHARGE Data Base Research Lexis, Westlaw, Information America Deliveries Overnight/Express Outside Courier In -House Courthouse Messengers Document Scanning Duplicating Photocopy Color photocopy Microfilm /Microfiche Videography (duplication) Electronic Mail (via Internet) Library Research by Library Staff Weekend & Late Evening Air Conditioning. Postage Secretarial. Overtime lra�cir.pile (Outgoing) 80467497 4 N/A (Pricing varies in other office locations) Costs allocated by the Firm Direct Cost Direct Cost N/A (Pricing varies in other office locations) $40.00 /Hour plus Transportation (Pricing varies in other office locations) $.12 per page — Direct Cost —469— $0.15 per page $0.85 per page $0.50 per page $ 5 .00 /tape plus $20.00 /duplication No Charge $130.00 per hour N/A (Pricing varies in other office locations) Direct Cost on any item or group of items which cost $1.00 or more $28.00 per hour (Pricing varies in other office locations) $0.80 per page plus applicable LD charges EXPENSE/SERVICE FULBRIGHT & JAWORSKI L.L.P. (San Antonio) Expenses and Services Summary ** CHARGE Telephone Long Distance (Domestic) Long Distance (International) File Storage Retrieval Transportation Mileage (personal automobile) Lodging Meals Car Rental /Airline /Rail /Etc. CD -ROM Research Graphic Arts Practice Support E- Discovery Firm hosting of on -site document review performed by outside contract attorneys $0.30 per minute 80% of direct dial rate N/A (Pricing varies in other office locations) Applicable IRS allowable rate per mile Direct Cost Direct Cost Direct Cost $30.00 - $50.00 per Search (rate varies based on length of search) $120.00 - $150.00 per hour, plus direct cost of supplies $60.00 - $215.00 per hour Direct. Cost $ 5.00 per hour ** These fees are capped at $1,500.00 per individual Matter. 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 18, 2010 AGENDA ITEM: Ordinance directing the Board of the CC Digital Community Development Corporation to proceed with dissolution of the Corporation, with said dissolution to be effective on July 31, 2010; and declaring an emergency. ISSUE: The purpose for which the CC Digital Community Development Corporation (CCDCDC) was formed (managing the City's networks and developing relationships with other parties that could lead to additional partnerships) no longer exists. Because of a changed focus for the City's Wi -Fi network, the CCDCDC no longer plays a useful role in management of the City's networks. All functions formerly performed by the CCDCDC can be more effectively performed by City personnel. The CCDCDC should be dissolved. REQUIRED COUNCIL ACTION: Article XIII of the Articles of Incorporation of the CC Digital Community Development Corporation provides that the City Council may at any time consider and approve an ordinance directing the Board to proceed with the dissolution of the Corporation, at which time the Board shall proceed with the dissolution of the Corporation in accordance with the applicable state law. PREVIOUS COUNCIL ACTION: In January 2006, the Council created the CC Digital Community Development Corporation, a non -profit corporation, which would manage the network, would manage relationships with partners, and would provide some flexibility in procuring network equipment and material. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance as presented. ichael Armstrong Director of MIS 826 -3735 MichaelAr@cctexas.com —473— BACKGROUND INFORMATION BACKGROUND: In June, 2003, the City developed a plan to implement an automated meter reading system (AMR), using Wi -Fi technology to allow the static automated reading of gas and water meters. In August, 2005, the Council authorized construction of a city -wide WiFi network which was substantially completed in December 2006. In June, 2005, the City issued a "Call for Partnerships ", seeking a partner who could lease and manage the excess bandwidth that would be available. In January 2006, the Council created the CC Digital Community Development Corporation, a non -profit corporation, which would manage the network, would manage relationships with partners, and would provide some flexibility in procuring network equipment and material. On March 6, 2007, the City concluded the sale of the Wi -Fi portion of its wireless network to EarthLink. A subsequent Network Services Agreement established the CC Digital Community Development Corporation ( "CCDCDC ") as the anchor tenant. In August 2007 EarthLink announced that they would make no further investments in Wi -Fi. This was followed in November 2007 by an announcement that EarthLink planned to leave the municipal Wi -Fi market, and that it was beginning a search for alternate strategic partners to assume or purchase its existing networks. In February, 2008, after this process had begun, EarthLink approached the City to assess the terms and conditions under which the City might consider reacquiring the Wi -Fi network. In March, 2008, The CCDCDC Board approved a resolution to reacquire the network. The City Council approved the reacquisition in May, 2008. Under terms of the agreement, all network assets were returned to the City, not the CCDCDC. At that time, the Municipal Information Systems Department received direction that activities related to the WiFi network should focus on use of the network to improve City services, and to provide free service to the public in public spaces and City facilities. While other uses were not precluded, it was clear that available Wifi bandwidth should be used to benefit the City and its citizens, with a much lower emphasis on partnerships and commercial services. The movement of focus away from the Wifi network as a public /private commercial venture has effectively eliminated the role that the CCDCDC was to fulfill at its creation. Staff recommends that the Council direct the CC Digital Community Development Corporation to proceed with dissolution of the CCDCDC with said dissolution to be effective on July 31, 2010. Staff is grateful for the service provided by the CCDCDC Board of Directors. We have discussed this action with the CCDCDC Board and found that they concur with the proposed dissolution. Staff will explore alternative methods for obtaining input from the public for appropriate future uses of the networks in order to continue to serve both internal government and public interests as directed by the Council. Once Council gives direction, then the CCDCDC board of directors determines by resolution that the purposes for which the Corporation were formed have been substantially met, and the Directors shall execute a certificate of dissolution stating those facts and declaring the corporation is dissolved. The certificate is filed for recording with the Secretary of State office. On the filing of the Certificate of dissolution, the corporation is dissolved. The title to all funds and property owned by the corporation at time of dissolution vests in the City government to be used exclusively by the City. This is per Local Govenrment Code Section 394.026 in accordance with Transportation Code Section 431.102 (a)(1). —475— ORDINANCE DIRECTING THE BOARD OF THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION TO PROCEED WITH DISSOLUTION OF THE CORPORATION, WITH SAID DISSOLUTION TO BE EFFECTIVE JULY 31, 2010; AND DECLARING AN EMERGENCY. Whereas, by Resolution No. 026635 on January 31, 2006, the City Council created the CC Digital Community Development Corporation, a local government corporation under the provisions of Subchapter D, Chapter 431, Texas Transportation Code, for the management of the City's wi -fi network and development of relationships for joint use of the network; Whereas, Article XIII of the Articles of Incorporation for the CC Digital Community Development Corporation provide that the City Council may at any time consider and approve an ordinance directing the Board of the CC Digital Community Development Corporation to proceed with the dissolution of the Corporation, at which time the Board shall proceed with the dissolution of the Corporation in accordance with applicable state law; Whereas, there is change of focus for the City's wi -fi network and functions regarding the network may be effectively performed by City personnel; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the Board for the CC Digital Community Development Corporation is directed to take all steps necessary to dissolve the Corporation, with said dissolution to be effective July 31, 2010. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of May, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May 3, 2010 Lisa Ag r, Assistant City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 18, 2010 AGENDA ITEM: Ordinance naming the approximately 91.70 acres of park land located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. ISSUE: The City has established a formal policy for naming parks and facilities. The City, through the Parks and Recreation Department, received a naming request from Fernando Salinas for the State School Park Property to be named for Manuel Q. Salinas. BOARD /COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received the presentation at their January 13, 2010 regular meeting, and instructed staff to begin the 60 day process of due diligence research and public notification. Five inquiries were made regarding the identification of Manuel Q. Salinas. Of those, three suggested additional qualifications or another community leader's name. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at Parks and Recreation Advisory Committee meetings, one member of the community spoke in favor of the park renaming. During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process, the committee voted to recommend City Council approve the request to name the State School Park Property, the Manuel Q. Salinas Park. (The appropriate excerpt from the PRAC minutes is attached.) REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Advisory Committee recommends the City Council approve the request to name the State School Park Property, the Manuel Q. Salina Park. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming the schools. Stacie A. Talbert, Interim Director Parks and Recreation Department 361- 826 -3464 StacieT(c�cctexas.com Attachments: Background Information Exhibit A, aerial map of park complex Council Policy Information for Naming of City Parks and Recreational Facilities —48 BACKGROUND INFORMATION The park property adjacent to the State School is located in the Cliff Maus Tracts, 91.70 acres of Tract G /State School Park Property at 1343 Airport Road. On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park. The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting. (Previous) staff research (from the Carl Lewis name request,) noted the park property had not previously been named. It was only referenced as the State School Property Park or State School Park due to its proximity to the State School. Public notification signs (for Salinas) were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18th. Fifty -two neighborhood notifications were re- mailed March 12th. Thirteen notices were returned as undeliverable. Newspaper Public Notices were re -run on April 4th and 11th Five inquiries were received regarding the identification of Manuel Q. Salinas, three included suggestions for another community leader to be honored or further explanation of Mr. Salinas' qualification. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at the Parks and Recreation Advisory Committee meeting, one member of the community spoke in favor of the park renaming. Information provided by Manuel Q. Salinas (1927 -2007) Family Long time resident of the Molina Neighborhood Semi - professional baseball player in Texas Leagues in 1950s and 1960s Sought and acquired permission to utilize State School Property as baseball fields in 1960s and 1970s o Area unofficially referred to as Salinas Field Later acquired permission to utilize same area for soccer leagues in late 1970s Advocated and promoted creation of soccer leagues for youth on the West side First President of the Corpus Christi Latin Soccer League During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process, the committee voted to recommend City Council approve the request to name the State School Park Property, the Manuel Q. Salinas Park. (The appropriate excerpt from the PRAC minutes is attached.) It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming schools. Staff will make recommendations to the Parks and Recreation Advisory Committee regarding improvements to this process. -482- Excerpt from the meeting minutes: PARKS AND RECREATION ADVISORY COMMITTEE Regular Meeting April 14, 2010, 5:00 p.m. Sixth Floor Conference Room, City Hall 1201 Leopard Street, Corpus Christi, TX 78401 All members present. C. Old Business for Discussion and Possible Action 1. Due Diligence Report for Request to Name the State School Park Property, Manuel Q. Salinas Park — handout provided in meeting packet. Stacie Talbert reviewed the Due Diligence Report noting the department has not received any calls specifically against renaming the park property for Mr. Salinas. However, the department has received calls inquiring about Mr. Salinas' identity. Usually, these calls would suggest other community leaders be considered in the renaming process. Since other names were coming forward, Ms. Talbert suggested the callers hold their requests in consideration of expanding the current process to better address multiple suggested names for large park areas. Then all submissions could be appropriately evaluated. Discussion was,held by the committee members. > Concern was expressed about changing the process after accepting the request. > The previous time line for consideration of Carl Lewis' name was clarified by noting the meeting agenda called for the member vote when David Noyola and Fernando Salinas requested the committee table the item so they could correctly submit Mr. Salinas' name and additional historical data about the park could be collected by staff. Thereafter, Mr. Lewis' name was withdrawn by his family in consideration of his nomination for a school name. > Concern was also expressed regarding the absence of the additional naming recommendations. Danny Noyola addressed the committee requesting support of naming the park for Manuel Q. Salinas. Jesse Noyola addressed the committee suggesting they let the City Council approve or decline the Salinas name. Javier Colmenero said he came to share Manuel's story, including some CDBG funds were earmarked for 'Salinas Park'. Isabel Martin stated she was the niece of Manuel. She feels the man was a visionary man who loved youth, baseball, soccer and wanted to help his community. Each family member suggested the committee follow the existing process and name the park for Manuel Q. Salinas. Huxley Smith made a motion for the committee to execute the vote. Carlos Haney seconded. Motion passed. Huxley Smith made a motion to recommend to City Council the State School Park Property be named the Manuel Q. Salinas Park. Carrie Robertson seconded. Motion passed. —483— Exhibit —484— COUNCIL POLICIES Citizens shall not approach the City Coun- cil table except with permission or re- quest of the Mayor or the City Council. Citizens, Council Members, and City staff shall be prompt in all sessions of the City Council and in the dispatch of the City, business. Time limitations imposed by the Mayor or the Council on presentations shall be strictly enforced. City Council, City staff, and all fellow citizens shall be courteous, polite, concise, and respectful of one another, and shall respect the letter and spirit of these rules so that the City Council may fairly hear all sides of an issue and by due delibera- tion act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or. title with surname. All remarks shall be addressed to the Mayor and City Council and not to the Council Members as individuals. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the peti- tions part on non - agenda City - related mat- ters, However, such should be done in a factual, precise presentation and ques- tions of Council or staff are inappropriate. Loud, boisterous, profane, or obscene lan- guage or behavior is not allowed. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demonstra- tion, or other act disrupting to the City Council business. These rules are not meant to restrain a citizen's first amendment rights. (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 25507, § 3, 9 -30 -2003) 6 facility and upon recommendation of the Park and Recreation Advisory .Commit- tee, the City Council may name the park or park facility as the donating party designates. B. Subdivision Dedication. Park land re- ceived through dedication under the City's Platting Ordinance shall be named by the Park and Recreation Advisory Commit- tee. No formal action needs to be taken by the City Council. C. Name Change. The City of Corpus Christi discourages proposals whereby the name . of a park or park facility would be changed. However, under extreme circumstances the Park. and Recreation Advisory Com- mittee will consider the request. The nam- ing of an unnamed new park or park facility is preferred and is recommended. The : following definitive ` steps : shall be taken regarding a proposed name change. 6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recre- ation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall. be as follows:. A. Donations. Upon donation of at least 51 percent of the value of a park or park _485- (1) :; Persons, groups, or organizations de- siring the name change shall fill out a request for name change and sub- mit the proposal to the staff of the Park and Recreation Department for review and consultation with the re- questing entity. (2) Name change requests shall be sub- mitted to the Park and Recreation Advisory Committee. No action may be taken by the Board for a mini- mum of 60 days after receipt of the proposal. During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circula- tion giving notice, of the proposed name change. (4) Written comments are to be submit- ted to the Park and Recreation Ad- visory Committee and interested in- dividuals are invited to come before the Board to address the issue. CP:5 CORPUS CHRISTI CODE (5) At the first meeting after the 60 -day waiting period, the Park and Recre- ation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or Table the request for future ac- tion or additional information. In the event the request is re- jected by the Board, the request - ing entity may appeal the re- ject to the City Council. The Council shall consider the re- quest and either approve or reject the request. The Council, at its op- tion can waive all provisions herein provided in commemorating or me- morializing an individual or act. If approved, the Park and Recreation Department shall arrange suitable renaming ceremonies. Costs associ- ated with renaming ceremonies and the provisions of markers, plaques, or memorials shall be borne by the entity proposing the name change. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contri- butions the person has made to the City, State, or Country. A facility or park may not be named after an individual cur- rently in public office or serving as an employee of a local governmental jurisdic- tion. A one -year waiting period after ter- mination from public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered un- less the rules of donation_ apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. (Res. No. 21901, § 1, 3 -22 -1994) 7. Naming of streets. a, The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. b. In any case, the City Council declines to rename any street: that is a currently "named" functional classified arterial through street as listed in the Code of Ordinances, Section 53 250; for person not deceased; that would create disruption or disconti- nuity to the name of a longer section street; or that is reflected on the 1852 Plan of Cor- pus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus, Christi for a period of greater than 50 years. c. Not included in 7a or 7b is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clar- ification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e. g. F.M. xxxx or CR. xx). (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 024619, § 1, 10-4-2001) • Sunn. No. 6 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. (Res. No. 21901, § 1, 3 -22 -1994) 9. 'Community Development Block Grant and HOME Programs. Through the Community Development Block Grant and HOME Programs, . the City Council provides for the development and preservation of a' viable urban community, a suitable living envi- ronment, decent housing and expanded economic opportunities, principally for persons of low and 486 CP:6 Page 1 of 2 ORDINANCE NAMING THE APPROXIMATELY 91.70 ACRES OF PARK LAND LOCATED NEAR INTERSECTION OF AIRPORT ROAD AT HORNE ROAD, THE MANUEL Q. SALINAS PARK. WHEREAS, the City of Corpus Christi Parks and Recreation Department has received a request to name approximately 91.70 acres of park land located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park; WHEREAS, the Parks & Recreation Advisory Committee ( "PRAC ") considered this request at their January 13, 2010 regular meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the park on March 18, 2010 with legal notice about the proposed name change posted in the Corpus Christi Caller Times on April 4, 2010 and April 11, 2010; WHEREAS, the PRAC considered the request and voted to recommend the park property name change to the City Council at their April 14, 2010 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the approximately 91.70 acres of park land as depicted on the attached Exhibit A, and Exhibits B -1 and B -2, and located near intersection of Airport Road at Horne Road, is hereby named the Manuel Q. Salinas Park. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: May I , 2010 By: S:13rr -JCS ..,� Lisa Aguil�f Assistant City Attorney V* A kai 't" A 41,43. 4ii Airport Road ° ss. • - • SI/ . (t./..`f• '" • • • - Exhibit -489- *". AiLs- Bg Mrays TrcIct.,1 \p• ,w 4c.1. 7; Pr:. 9" 'S. 50 3 '00 400 SCALE N ;Ert M R., N.:7J., x. CORPUS CHRISTI STATE SCHOOL 7SAC'T ,k 0 VM. 21, PG, 5 !NE. 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(R=459.70 ) (L. =80'28'10') (T=267. 92') (L485.16) 50 (-1/1-7f7 _ PLAT OF LOTS 9 & 10, BLOCK 7, CLIFF MAUS TRACTS, Being ar.p1atdTtaG. CI At Maus Tracts as recorded M Mame 27, Page 95, Map Records, Nueoss County. Texas. LITILITY EASEMLN1 LINE TABLE MIEW11111 LtNG LO 3.02 15.00' I13,87-• le 1.9 Lit L11 L12 L la 9 0188'49 `d '4 8873131! E 9 01."88,01e N t)1"28'49• W 0,7;00 '2 88431'31! E 1.14 1, 88'29'49' E la 88731'11' 5 1.0E S 47'15'82' 0 L17 N 88'3131' E 118 N ore8'49. v 7,79 N 88'3131` E N 3V21249. '+, 7098, N 88-3111' E 35,00' L22 N 01'2849' W 87.06' 1,23 N 88.32'12 L 32.75' 1.2, N 01'28'49' 4/ 03400' L0 5 N 01'28'49' L, 94.23' I 2/4, N 88'71117 E 8322' ! -1 127 4 8-8*.31'12' E 83.22 54.53, 35.52? ! 25.84' •822' 79.02 :47,75!' L2.1 L50 N 01.2849 W 2482 129 N 29'45'55' E 14346' 455 TRAM 2:22;!" • 4 • VOL. 27. PG. 95 e.f.R.. N,07, T.Y. Pz - .--,S88°32 '531Y 333.1.5' 018 9°5 7 '50 "E 1 8 ') • Exhibit 1?7-- I -490- 03 LOT 10. 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THE =MEW ROM 1,111=1.Y INTO TNE MORAY 444E7313 743<04105440 7744404470 41111444'6OR'1764 Orb a, AS '1070444L 341i0'075156 WPM' .41.4C CATECOEV.0 n17 flICVNNG WATZP./4.4.COWACT 0.EC4EATION. 14111101NOKT An1 COMPIETED4NITNOL,THE IENF, tn "MA C01.711740, IHIRVHAP1441.4P40E7 04011317 UNRECOADE EASEMENTS AU. 407.7.1N6601130 31NEI P744603 44014444740 00 KAT CN/71014 MET 40146644 GEFOU =CNC <1 4,3414164034000100044141767.044214.2<0. CONP114N14 MTN 043USUCO7SI4SPA� *MARTO% l.4111. n01010013 CONNG '40 1111:DiNG MOTT 474.AW LE.Q.E.L.,12; '0044P314706110 • •• IRON 11.01.40AI00 SAC MON 4.0b VATI/ P1000426 174711E0 • 4434077* 6440 47. 73. WM, 00431'P1ATlEPfll0 ANC. 0117ANCT OF 1164 MAil5 11 1.4 011131) 14317114' 111011110117177 CBINaismithEngineerIng,Irc ENGINSERINS It NNN IRONNINTALN SURVIVING TIM Ow fan 6II06.11146 100311640 •toi SCCONAN771 C:1410s'S CNN.. TEXAS `se, 4, 110 :V lu. 9114 141.11r , 4. 1141.4117.• 1,1no 0<.1162-REVISEOPLA, Aeria co -0 State School Park Property il il (red outline) 0 0 Q 6 0 0 Horne Road c 4) 0 December 10, 2009 a) a) E co 0 U) co co o- To co V) c -0(!) CO • a) E c 2 O L N — 0- a) a) o_ Ti o > "" U co CD 4E1 o N _c E co a) Q a) co D (1) • January 13, 2010 PRAC Meeting • Public Notification ▪ March 18th: park signs posted • March 12th: neighborhood flyers mailed • April 4th and 11th: Caller Times notifications N O cn Q .0) 0 co U L co 2 4) L a) 4- O 0 0 0) CV U L co 2 • cn 0 co O N E a) To 0 co 0_ co Ta- (1) 0 co 2 O O t E cn N • A u cn a) O O I> c Q • - -a) O 0 Q co a) o c E a) E O N O ' a) Q 0 CD 0 CD L a) 2 • • E O ca co Information on Manuel Q. Salinas (1927 — 2007) Information provided by the Family of Manuel Q. Salinas L N r, 0 O U O U N �) (/) O 0) O J � N- L co C%)0 U _0 X N-0 O 0 co co 0) = co •a) .� co 0 Z L Op a) N co N co � N 0 's_ CO >, — - c co .0'- � }' 0 = co o o_ co . co 92 co 0 = L -0 L N 00o• 0 a O co Q N U 45 CO - _ O� N ° _a O co 2 • E O to +' "� _o LN- O}, f IN N c0) co _a 'o N co a) N 1 co -N co a) U° 0_ - Latin Soccer L = O 'ELC) =0< �) >= cn O 0) O c� NLD c6w � p L0 J C/) — (/) 0 ' J N < > LL J A A /A, A A A 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 5/18/10 AGENDA ITEM: AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028176 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2010 -11 BUDGET. ISSUE: The City's Financial Policies require annual adoption by the City Council before the end of May, just prior to the consideration of the proposed budget. These Policies serve as a basis for preparing the City's annual budget. In addition, these policies have helped to enhance financial management practices and have played a significant role in building the City's unreserved fund balance. The attached Resolution amends the policies in effect. REQUIRED COUNCIL ACTION: Adoption of Resolution amending the City's Financial Policies. icimitteth Eddie Houlihan Assistant Director of Management & Budget EddieHoacctexas.com (361)826 -3792 Attachments: BACKGROUND INFORMATION The City Council adopts financial policies on an annual basis just prior to consideration of the proposed budget. These policies have helped to enhance financial management practices and have played a significant role in building the City's unreserved fund balance. RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028176 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2010 -11 BUDGET. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; and amended the Financial Policy in May 2009 by Resolution 028176; WHEREAS, as a result of those policies, the City has achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain that balance and to utilize any surplus balance to provide for enhanced financial stability in future years; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 028176 are amended to read as follows: "Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted by each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY 2009 10 FY 2010 -11 H: \LEG- DIR\Lisa12010 Resolutions 12010 -11 Budget Policy Resolution.doc —501— 2 proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. "Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. "Section 3. Fund Balance Reserve/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unreserved fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10 %) percent of total annual General Fund appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be 10% of total annual General Fund appropriations will be designated as Reserve for Major Contingencies, and set up in a separate account. The remaining balance in the unreserved fund balance will be considered excess, and available for use in accordance with this section. The City Manager shall report on the status of compliance with this ten (10 %) percent policy at least annually as part of the budget process. Undesignated fund balance in excess of the ten percent policy requirement may be recommended for expenditure on one -time improvements, deferred maintenance, lifecvcle replacement, and /or capital items with a priority on infrastructure and equipment which will reduce the need for future debt or avoid future maintenance costs. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve. The City Manager shall note these situations to the City Council as soon as the information is known. "Section 4. Property Tax Rate for Operations and Maintenance. The Proposed Budget for FY 2009 10 2010 -11 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to maintaining the "effective tax rate" for maintenance and operations. "Section 5. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. "Section 6. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. H:1LEG- DIR1Lisa12010 Resolutions12010 -11 Budget Policy Resolution.doc —502— 3 "Section 7. Multi -Year Financial Forecasting. The City will maintain a five -year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of action plans necessary for the accomplishment of City short term or long term goals. These action plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. "Section 8. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined in Sections 2 and 4, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. "Section 9. Interfund Transfers. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City may also transfer funds from the Utility funds (Water, Wastewater, Gas and Stormwater) in an amount not to exceed 7% of the three -year average revenues for the respective utility, calculated using the current year estimate and the previous two years' actual revenues taken from the City's Comprehensive Annual Financial Report. Consideration will first be given to utilization of excess fund balances in the utility funds. "Section 910. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. "Section 4011. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. "Section 1412. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 0083 028441 adopted by the City Council on December 1 a 2008 December 15, 2009. "Section 4213. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected H:1LEG- DIR \Lisa\2010 Resolutions \2010-11 Budget Policy Resolution.doc —503— 4 incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. "Section 4314. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. "Section 15. Zero Based Budgeting process. To prepare the General Fund operating budget, the City shall utilize the Zero Based Budgeting process. The staff shall be accountable for utilizing the Zero Based Budgeting process comprehensively for all General Fund department budgets. Consideration may be given to expanding the Zero Based Budgeting process to Non - General Fund Departments if deemed appropriate by the City Manager." ATTEST: Armando Chapa City Secretary APPROVED: May 13, 2010 Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \Lisa\2010 Resolutions \2010-11 Budget Policy Resolution.doc —504— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott