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Agenda Packet City Council - 04/09/2013
[ g Tuesday, April 9, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Kenneth Mutchler, Immanuel Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 13- 000309 Proclamation declaring April 21, 2013 as "MADD Powertalk 21 Day" Proclamation declaring April 2013 as "Fair Housing Month" Proclamation declaring April 9, 2013 as "Mayors Day of Recognition for National Service" Proclamation declaring April 7 -14, 2013 as "National Days of Remembrance" Proclamation delcaring April 14 -20, 2013 as "National Public Safety Telecommunications Week" Certificate of Commendation presented to Tom Curlee Mirador Retirement Community and Foundation Check Presentation to the City of Corpus Christi Senior Companion Program and Meals on Wheels Program City Manager's "At Your Service" Award Corpus Christi Page 1 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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 SHOWANY 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. G. EXECUTIVE SESSION: (ITEMS 2 -3) 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. 2. 13- 000327 Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from voestalpine, a business prospect that the City Council seeks to have locate, stay, or expand near the territory of the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. 3. 13- 000328 Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code for consultation with attorneys about pending or contemplated litigation regarding a City park, with possible discussion and action in open session. H. MINUTES: 4. 13- 000308 Approval of Meeting Minutes - Regular Meetings of March 19, 2013 and Corpus Christi Page 2 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 March 26, 2013. Attachments: Minutes - March-1.9-201, I. BOARDS & COMMITTEE APPOINTMENTS: 5. 13- 000307 Clean City Advisory Committee Coastal Bend Council of Governments Community Youth Development (78415) Program Steering Committee Corpus Christi Downtown Management District Transportation Advisory Committee Attachments: Board Packet J. 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. K. CONSENT AGENDA: (ITEMS 6 -16) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. 6. 13- 000254 Professional services contract for park improvements at Parker Park located on the corner of Waldron Road and Graham Road (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements - Parker Park for design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda memo - Community Park Development 7. 13- 000164 Second Reading Ordinance - A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, on property Corpus Christi Page 3 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 located at 7269 State Highway 361. (1st Reading 3/26/13) Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property to be rezoned is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313 and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0213 -02, Carl and Sherry Badalich Zoning Report - 0213-02 for CC, Carl & Sherry Badalich 3-3-13 w aftchmt modified vFinal 20130306 8. 13- 000208 Second Reading Ordinance - A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, on property located east of U.S. Highway 77 and at the east end of County Road 52. (1st Reading 3/26/13) Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial Corpus Christi Page 4 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "I L" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0213 -01, Charles O Massey IMERWOUNFE * 9. 13- 000209 Second Reading Ordinance - A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, 5402 Chicago Drive (1st Reading 3/26/13) Case No. 0812 -02 N. P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to eight conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 5 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 Attachments: Agenda memo - 0812 -02, NP Homes 3 -8 -13 a.• A • 10. 13- 000232 Second Reading Ordinance - A change of zoning from the "CRA Resort Commercial District to the "Cl" Intensive Commercial District, on property located at 401 South Shoreline Boulevard (1st Reading 3126113) Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0213 -04, TR Inscore IMERWOUNFE 11. 13- 000233 Second Reading Ordinance - A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, on property located at 7511 Wooldridge Road (1st Reading 3126113) Case No. 0213 -03 N. P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property to be rezoned is described as Lot 1, Block 20, Rodd East, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to Corpus Christi Page 6 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 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 (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $82,003 in the No. 1061 Police Grants Fund. 1•, j + . R 13. 13- 000205 Second Reading Ordinance - Accepting and appropriating a State grant for border security (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 in the No. 1061 Police Grants Fund. WMINKMI 14. 13- 000160 Second Reading Ordinance -Amending Plumbing Code and International Residential Code to establish new language and change the residential irrigation backflow testing requirements Corpus Christi Page 7 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 from annual to triennial (1st Reading 3126113) Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. Attachments: Agenda memo - Dackflow 15. 13- 000235 Second Reading Ordinance - Agreement authorizing the use of property adjacent to Whitecap Wastewater Treatment Plant for staging a fireworks display (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. Attachments: Agenda memo - Fireworks Display Whitecap Plant offloomm"T IMMS ' • • •♦ 16. 13- 000268 Second Reading Ordinance - To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities (1st Reading 3126113) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00. Attachments: Agenda Memo - Puc Days 2013 L. PUBLIC HEARINGS: (ITEMS 17 -19) Corpus Christi Page 8 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 17. 13- 000288 Public Hearing and First Reading Ordinance -A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2, on property located at 6810 South Staples Street. Case No. 0313 -02 HEB Grocery Company, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on 15.73 acres (Tract 1) and to the "CN -1" Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property to be rezoned is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Ordinance Ordinance amending the Unified Development Code ( "UDC") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. t +- 1 11111,19 .» .. a �i+ mru► ���uww�+. �iw� +naa��+rr��+.�:i {wr,.r�..rar�� ���rnr`�rk'sii+.�Cr.��i 18. 13- 000289 Public Hearing and First Reading Ordinance -A request for a Special Permit Time Extension for an additional 12 months, on property located at 2217 Flour Bluff Drive. Case No. 0711 -02 Sigifredo Montemayor: A request for a Special Permit Time Extension for an additional 12 months. The property to be rezoned is described as Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive approximately 350 feet north of Purdue Road. Corpus Christi Page 9 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 Planning Commission and Staff Recommendation (March 13, 201 Approval of the requested Special Permit time extension for an additional 12 months. Ordinance Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - 0711- 02,Montemayor SP Time Ext FINAL Extension Request) Ordinance - 0711-02, Montemayor,CN-1 FINAL 19. 13- 000292 Public Hearing and First Reading Ordinance -A change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, on property located at 4310 Walton Place. Case No. 0712 -01 Garron Dean: A change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, resulting in a change of land use from low density residential to medium density residential. The property to be rezoned is described as Lot 8, Block 3, Alameda Estates, located on the north side of Walton Place and east of Robert Drive. Planning Commission and Staff Recommendation (August 29, 2012): Approval of the change of zoning from a "RS -6" Single - Family 6 District to a "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, subject to 12 conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Garron Dean, acting as agent on behalf of James Michael Tubbs, Donna Marie Baugh, acting as administrator for the estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), by changing the UDC Zoning Map in reference to Lot 8, Block 3, Alameda Estates, from the "RS -6" Single - Family 6 District to an "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, and publication. Corpus Christi Page 10 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 Attachments: Agenda memo - 0712- 01,Garron Dean 3 -26 -13 Map Aerial Overview FINAL Zoning Report - 0712-01 for CC, Garron Dean, 3-26-13 w attchmts 0712-02 • RECEIVED 1 • ♦ inance - Garron Dean . to RS6 wPUD vFinal 20130326 exhibits M. REGULAR AGENDA: (ITEM 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 1- 000250 Professional services contract for database survey to collect data for street maintenance fee Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $202,500. Attachments: Agenda Memo - Contract for land use survey (30 day) N. FIRST READING ORDINANCES: (ITEMS 21 - 22) 21. 13- 000244 First Reading Ordinance - Approval of Type A grant for federal grant application to locate an Unmanned Aerial Systems test range in the City; amending the budget, and appropriating the funds. Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Attachments: Agenda Memo - TAMU -CC FAA Center -- _ + . +R _ �+�_. _ + +a �R +a Corpus Christi Page 11 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 22. C 23 24 13- 000259 First Reading Ordinance - Construction contract for Saluki Street rehabilitation; amending capital improvement budget to add project and account for expenditures. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. Attachments: Agenda Memo - Saluki Street.pdf FUTURE AGENDA ITEMS: (ITEMS 23 - 34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000258 Lease Purchase of a pneumatic roller for street repair projects Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. Attachments: Agenda Memo - Caterpillar Pneumatic Roller.pdf 13- 000260 Service agreement for the printing, processing and mailing of utility bills Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year 12/13. Attachments: Agenda memo - Utility Bill Processing Corpus Christi Page 12 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 25 26 27 28 13- 000272 Supply agreement for lease of computers for City use Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -13. Attachments: Agenda memo - Lease of Dell Computers.pdf 13- 000273 Supply agreement for chemicals to be used for odor control at wastewater treatment facilities Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012- 2013.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 designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. Attachments: Agenda Memo - Ferrous Sulfate.pdf 13- 000293 Supply agreement for office supplies, equipment and furniture 491111101*41r1 Motion approving a supply agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies, equipment and furniture, based on lowest local bid, in accordance with Bid Invitation No. BI- 0245 -12, for an estimated annual expenditure of $549,737.29, of which $137,434.32 is required for the remainder of FY 2012 -2013. The term of the agreement will be for one year with an option to extend for up to four additional one -year periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by using departments in FY 2012 -2013. Attachments: Agenda memo - Office Supplies Engineering design contract amendment no. 4 for Citywide Hydraulic Model - Sanitary Sewer Overflow Initiative Corpus Christi Page 13 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 29 30 31. Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). . M's m.. .- •. i•.- •• 13- 000290 Architectural design contract for tennis center repairs and upgrades for HEB and Al Kruse tennis centers (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades - HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda Memo - Tennis Center Repairs and Up_ rades.pdf • 1 + .•� •• W*T*T.1 f OR . • ♦: 13- 000214 Engineering design contract for park development and improvements at Bill Witt/Oso Creek Park (Bond Issue 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. Attachments: Agenda Memo - Community Park Development 13 -00071 Agreement for temporary tax abatement for the development located in the 800 block of Carancahua Street Resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista 11 Apartments) providing for temporary property tax abatement. Corpus Christi Page 14 Printed on 4/5/2013 City Council Meeting Agenda - Final April 9, 2013 Attachments: Aqenda Memo - 164 Corpus .. ♦ • MA . •I • ♦ 1' + +' • • • 32. 13- 000286 Chapter 380 Agreement for development of an iron and steel facility Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits for the benefit of the City. Attachments: Agenda memo - Exec voestalpine rev 1 33. 13- 000297 Interlocal agreement for oil spill training and equipment storage at the marina Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding Corpus Christi Marina operations Attachments: Aqenda NSCS & CCM Oil Spill School 2.pdf 34. 13- 000302 Resolution requesting State legislation allowing local governments the option to generate revenue for street repair and maintenance with additional financing tools Resolution encouraging the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. P. FUTURE PUBLIC HEARING: (ITEM 35) 35. 13- 000300 Public Hearing and Resolution adopting the 5 Year Consolidated Action Plan for housing and homeless needs Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 Corpus Christi Page 15 Printed on 4/5/2013 City Council Meeting Agenda 'Final April 9.2018 PLAN ho the U.G. Department of Housing and Urban Development (HUC); and authorizing the City Manager or designee ho make changes to the FY2013-FY2017 PLAN if required bvHUD. Attachments: Q. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues. FL BRIEFINGS TO CITY COUNCIL: (ITEMS 36 - 37) 36. Regional Health Awareness Board Briefing Attachments: Agenda_,me.mo,-_,RHAB_,_presentation 2013 37. Corpus Christi Convention and Visitor's Bureau Quarterly Briefing Attachments: Agenda memo - CVB Quarterly Briefing S. CITY MANAGER'S COMMENTS: * Update on City Operations T. ADJOURNMENT Corpus Christi Page 16 Printed on 41512013 a, 7 Tuesday, March 19, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. IL1V10191A1I:0]L1 A City Council 11:30 AM Mayor Martinez called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The invocation was delivered by Reverend Gloria Lear, First United Methodist Church. C. PLEDGE OF ALLEGIANCE. :111] 1 NEOU I a The Pledge of Allegiance was led by Carlos Valdez, City Attorney. City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations / Commendations Mayor Martinez read and presented the Proclamations. 1 Proclamation declaring March 23, 2013 as "14th Annual Celebration of Cesar Chavez Day" Proclamation declaring March 22 -24, 2013 as "Corpus Christi Festival of the Arts" Proclamation declaring March 22, 2013 as "World Water Day" Proclamation declaring March 2013 as "Professional Social Work Month" Proclamation declaring March 19 -23, 2013 as "Texas Section of the ASCE Centennial Conference" Proclamation declaring April 2013 as "Corpus Christi Safe Digging Month" Proclamation declaring March 19, 2013 as "Coastal Bend Coalition Against Modern Day Slavery" Corpus Christi Page 1 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Presentation to Mayor Nelda Martinez from the Spirit Center of Corpus Christi This Proclamations was presented F. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Jerry Garcia spoke regarding an open records request that he submitted, and asked about the RFP process on Item No. 33; Jose Marroquin spoke regarding the plastic bag fee, and stated that he opposes the street maintenance fee; Susan Robinson spoke about the traffic and speeding on Robert Drive; Emily Olivarez opposes the street maintenance fee for residential; Abel Alonzo spoke about traffic safety on Ayers Street and commented on the recent accident that occurred in that area; Jack Gordy spoke about signs on bus benches; Representative from St. Bartholomew's Church spoke about the street maintenance fee and the impact to churches; Mary Ann Kelley spoke about the street maintenance fee and the industrial district area; John Gordon stated that he does not support the formula used to calculate the street maintenance fee; Lolly Bernal spoke in support of Select Baseball; and Maggie Sandoval Flores spoke in opposition to the street maintenance fee and also commented on the impact to small churches. G. EXECUTIVE SESSION: Mayor Martinez read Executive Session Item Nos. 2 and 3. The council went into executive session. The council returned from executive session. 2 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the City of Corpus Christi's wastewater treatment plants, with possible discussion and action in open session. This executive session was discussed and no action was taken. 3 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 Judge with possible discussion and action in open session. This executive session was discussed and no action was taken. Mayor Martinez deviated from the agenda and referred to Item No. 28, First Reading Ordinance - Establishing policies, methodologies, and rate to be charged for implementing the Street Maintenance Fee. 28 First Reading Ordinance - Establishing policies, methodologies, and rate to be charged for implementing the Street Maintenance Fee (Tabled on 2/26/13) Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. Corpus Christi Page 2 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Mr. Oscar Martinez, Assistant City Manager discussed the work plan and referred to a charge showing the overlay and seal coat square yard quantities for the first 5 years, collecting $15 million. He added that this program triples the amount of seal coat currently being performed and implements currently non - existent overly work annually. Mr. Martinez referred to a map depicting the level of effort for seal and coat for the first 3 years of the program and stated that out of the 1200 miles of city streets, this would cover about 22% of city streets (arterial, collector or residential). Mr. Martinez provided an overview of the direction from the council as being: 1) adjust cap on non - residential "Commercial ", Industrial, and other classes from 30,000 to 100,000 square feet, 2) consider process to ascertain non - residential land use categories beyond limited categories previously proposed, 3) readjust methodology to bill commercial residential (i.e., attached housing, mobile homes /manufactured /RV's) on a per dwelling unit basis. Mr. Martinez then reported on some of the results on the adjustments to cap for non - residential properties. Mr. Martinez stated that the data use survey would need to be contracted out to conduct a field survey of every non residential use of property. Mr. Martinez then discussed other considerations for council discussion: 1) adjusted calculation for some commercial establishments could be considered for factors that materially affect the volume of business beyond the square footage; final amount to be collected may be adjusted as negotiations with RTA regarding contribution for street maintenance is finalized; initial development of an administrative procedure manual for implementation of the street maintenance fee; development of a community education campaign to promote and understand the need for, benefit and impact of the program. Mr. Martinez then provided an overview of the sections in the ordinance being proposed. Mayor Martinez asked for comments from the audience and the following citizens spoke: Jack Gordy, Andy Taubman, Douglas Johnson, Mary Lou Huffman, Donna Hanson, Jonathan Wickam, Sarah Graham, David Hoyt, Lee Brandon, Sid Stovall, Reagan Brown, Daniel Fields, Debbie Brook, Ms. Anzaldua, Tony Norrell, Cliff Harris, Wilson Wakefield, Trey Bates, Eloy Salazar, Butch Escobedo, Abel Alonzo, and Mike Staff. After council discussion, Mayor Martinez asked that staff look at the outcomes if the 100,000 square foot cap was removed; place the ordinance on the City's home page (including Powerpoint and ITE categories); include the current RTA's contribution; in the future submit a Resolution to our delegation, State Representative and Senator regarding the vehicle registration fee and the gas tax; and the equity issue regarding hotels. Mr. Olson stated that a Workshop session will be scheduled to address issues before the second reading of the ordinance. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Corpus Christi Page 3 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Abstained: 0 H. MINUTES: 4 Approval of Meeting Minutes - Regular Meeting of February 26, 2013. A motion was made by Council Member Loeb, seconded by Council Member Magill to approve the minutes as presented, and passed. I. BOARDS & COMMITTEE APPOINTMENTS: 5 Building Standards Board Island Strategic Action Committee Landmark Commission Leadership Committee for Senior Services Transportation Advisory Committee Mayor Martinez referred to Item No. 5, Board Appointments. The following appointments /reappointments were made to the City's boards, commissions and committees: Building Standards Board: Reappointed - Shane Torno (Engineer), and Clarissa Beltran (At Large) Island Strategic Action Committee: Reappointed - Gregory Smith (Comm. Property Owner), Paul Schexnailder (Developer), John White (Padre Island Business Assn.), Stan Hulse (Padre Isles Property Owners Assn.), Jyoti Patel (At Large), and Ralph Tapscott (At Large). New Appointment - Rick Sowash (At Large) Landmark Commission: Reappointed - Sean Thorson (Title Search), Laura Commons (Real Estate), and Dr. Mark Robbins (Historian). New Appointment - Albert Soto (Architect) Leadership Committee for Senior Services: Reappointed - Willie Hardeman (Community Rep), Breanna Rye (Direct Service), Henry Savoy (Community Rep), and Billy Ray Sayles (Direct Service). New Appointments - Maria Elena Flores (Community Rep), Jose Mario Gomez (Community Rep), Robert Erwin (Community Rep), Suzanne Beltz (Community Rep), and Lewis Hardeman (Senior Center Participant). Transportation Advisory Committee: New Appointment - Scott Harris, Bryan Hall and John Garcia. Enactment No: K. CONSENT AGENDA: (Items 6 - 25) Mayor Martinez referred to the Consent Agenda, Items 6 - 25. Mayor Martinez asked for council and public comment. Council Members pulled the following items for individual consideration: 7, 8 and 10. There were no comments from the audience. The items were approved by one vote: 6 Supply agreements for water treatment chemicals used for treatment of potable drinking water at the O. N. Stevens Water Treatment Plant Corpus Christi Page 4 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Motion approving supply agreements with the following companies, for the following amounts for water treatment chemicals in accordance with Bid Invitation No. BI- 0050 -13, based on lowest responsible bid for an estimated annual expenditure of $522,502.00 of which $261,251.00 is budgeted for the remainder of FY 2012 -2013. The terms of the contract will be for one year with options to extend for up to three additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2012 -2013. Mosaic Crop Nutrition Lithia, FL Hydrofluorosilicic Acid $140,182.00 Polydyne Inc. Riceboro, GA Liquid Cationic Polymer $382,320.00 Grand Total: $522,502.00 The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -041 7 Service Agreement for wrecker services for City owned vehicles Motion approving a service agreement with Apollo Towing, of Corpus Christi, Texas for wrecker service for City owned vehicles in accordance with Bid Invitation No. BI- 0060 -13 based on only bid for an estimated twelve month expenditure of $93,852.50 of which $39,105.21 is required for the remainder of FY 2012 -2013. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2012-2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 5 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Enactment No: M2013 -042 8 Amending financial policies and providing financial policy direction on preparation of the annual budgets Resolution amending financial policies adopted by resolution 029521 and providing financial policy direction on preparation of the annual budgets. This Resolution was pulled from the agenda. 9 Construction contract for a waterline adjustment under the east bound On -Ramp at Carbon Plant Road and IH 37 Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Taft, Texas in the amount of $79,575.45 for the Base Bid of Bore and Case a 16 -Inch Water Adjustment under the east bound On -Ramp for IH 37 at Carbon Plant Road and IH 37. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -043 10 Amending consulting agreement to capture department and stakeholders input for future revised City Standard Specifications used in City construction contracts Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Small Architect /Engineer Consultant Agreement with Naismith Engineering Inc., of Corpus Christi, Texas in the amount of $92,740.00 for a re- stated fee not to exceed $142,390.00 for the City Standard Specifications Review. The foregoing motion was passed and apporved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -044 11 Construction agreement for lighting improvements along Aquarius Street to include medians and Commodores Drive median Corpus Christi Page 6 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Motion approving a Contribution -In- Aid -Of- Construction Agreement with American Electric Power (AEP) in the amount of $ 89,974.42, for the installation of Aquarius Street Lighting Improvements. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -045 12 Professional services contract amendment no. 1 for 2 new pumps for the Staples Street Water Pumping Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $129,070.00, for a total restated fee not to exceed $216,470.00 for Staples Street Pumping Plant New 10 MGD Pumps. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -046 13 Professional services contracts for wastewater collection system infrastructure repair /replacement in six wastewater plant service basins Motion authorizing the City Manager or designee to execute contracts for the City -Wide Collection System Replacement and Rehabilitation Indefinite Delivery/Indefinite Quantity (IDIQ) Program ( "Program" or "Project "): a construction contract with National Power Rodding Corp. of Chicago, Illinois in the amount of $5,500,000.00; a contract for professional services with LNV, Inc. of Corpus Christi in the amount of $162,950.00; a contract for professional services with Coym, Rehmet & Gutierrez, Engineering, L.P. of Corpus Christi in the amount of $120,880.00; and a contract for professional services with Urban Engineering of Corpus Christi in the amount of $120,880.00. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 7 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Enactment No: M2013 -047 14 Wastewater Line Construction and Reimbursement Agreement for property located at the south side of State Highway 44, east of Heinsohn Road and west of North Padre Island Drive Motion approving the Sanitary Sewer Collection Line Construction and Reimbursement Agreement submitted by 15T Investments LLC ( "Developer /Owner "), in the amount of $63,794.00 for property located at the south side of State Highway 44; east of Heinsohn Road and west of North Padre Island Drive (SH 358), including all related appurtenances. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -048 15 Second Reading Ordinance - Amending easement rights to allow San Patricio Municipal Water District to install an additional potable waterline across City owned land in San Patricio County (1st Reading 2/26/13) Ordinance authorizing the City Manager or designee to execute an instrument which amends the original Waterline Right -of -Way Easement granted to Reynolds Metals Company, whose easement is now owned and operated by the San Patricio Municipal Water District ( SPMWD), for the purpose of permitting SPMWD to install an additional potable waterline, not to exceed 12- inches in diameter, in the original easement and to permit realignment and centering of their original easement with the centerline of their existing 24 -inch diameter waterline, all within the City's 8.646 acre tract located approximately 3 miles southwest of Odem, Texas. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029759 16 Second Reading Ordinance - Amending the Capital Improvement Budget; amending a professional services agreement to extend the East General Aviation Apron (1 st Reading 2/26/13) Corpus Christi Page 8 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to accelerate Project No. E12156B Construct East General Aviation Apron from Fiscal Year 2015 to 2013; increasing expenditures in the amount of $250,000.00; and authorizing the City Manager or designee to execute Amendment No. 14 to a Professional Services Agreement with KSA Engineers, Inc. of Longview, Texas, in the amount of $140,000.00 for the Design of the East General Aviation Apron Extension. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029760 17 Second Reading Ordinance - Amending the Unified Development Code to allow City Staff to execute standard deferment agreements to expedite recordation of plats and issuance of building permits (1st Reading 2/26/13) Ordinance amending the Unified Development Code ( "UDC') by revising subsections 8.1.10. and 8.1.11. relating to the designation of authority under Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Improvements Based on Financial Security and Technical Compliance; providing for severance, penalties, and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029761 18 Second Reading Ordinance - Authorizing a loan and appropriating funds from the General Fund to the Public Health and Safety Fund to build out the second floor of the Public Safety Warehouse; amending the Capital Improvement Budget (1st Reading 2/26/13) Ordinance advancing $1,000,000 in cash from the No. 1020 General Fund and appropriating it in the No. 3350 Public Health & Safety Fund as a loan to fund the Police Public Safety Warehouse Project No. 140252; loan to be repaid from the No. 1061 Law Enforcement Trust Corpus Christi Page 9 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Fund in the amount of $250,000 per year for four years at a simple interest rate of 4% annually; and amending the FY2012 -2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $1,000,000. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029762 19 Second Reading Ordinance - Amending the Code of Ordinances to establish the process for managing the International Energy Conservation Code pertaining to inspection agencies, submission methods and submission time frames (1st Reading 2/26/13) Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 4, "ENERGY CONSERVATION CODE," Section 14 -251, "Energy conservation code," by adding provisions for approved inspection agencies, a submission method, and a submission time frame for test results; providing for severance, penalties, publication, and an effective date. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029763 20 Second Reading Ordinance - A change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District, at 10625 Gettysburg Street (1st Reading 2/26/13) Case No. 0113 -02 Jose Luis Martinez and Frances Martinez: A change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from park to low density residential. The property is described as Jackson Woods Subdivision Unit 1, Block G, Lot 17, located on the southeast corner of Gettysburg Street and Peach Tree Street. Planning Commission and Staff Recommendation (January 30, 2013): Approval of the change of zoning from the "ON" Office District to the Corpus Christi Page 10 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 "RS -6" Single - Family 6 District. Ordinance: Ordinance amending the Unified Development Code ( "UDC') upon application by Jose Luis Martinez and Frances Martinez ( "Owners "), by changing the UDC Zoning Map in reference to Lot 17, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029764 21 Second Reading Ordinance - Amending the Unified Development Code relating to street design standards (1st Reading 2/26/13) Ordinance amending Articles 1 and 8 of the Unified Development Code relating to design standards, criteria, and requirements for street design; requiring compliance with design standards issued by the City Engineer; requiring street design for a 30 -year life level of service; and providing for severance, penalties, and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029765 22 Second Reading Ordinance - Appropriating State cable franchise funds for capital equipment related to Public, Education and Government Access Channels (1st Reading 2/26/13) Ordinance appropriating $142,645.50 from the State Cable Franchises issued by the Public Utility Commission of Texas in the No. 1031 Public, Education and Government Cable Fund for capital expenditures related to the Public, Education and Government Access Channels; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to increase appropriations by $142,645.50. The foregoing ordinance was passed and approved on Second Reading with Corpus Christi Page 11 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029766 23 Second Reading Ordinance - Amending the operating budget to rebate excess funds contributed for General Liability and Workers' Compensation; appropriating funds for construction of a safe shelter during emergencies (1st Reading 2/26/13) Ordinance amending the Fiscal Year 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by adjusting expenditures and revenues in the General Fund and various Enterprise, Internal Service and Special Revenue Funds, by increasing expenditures by $6,600,000 and increasing revenues by $6,600,000 to rebate excess funds contributed for General Liability and Workers' Compensation; and, appropriating $600,000 of the unreserved fund balance in the General Fund as part of the Texas Safe Shelter Initiative, for the construction of a domed structure to be used by the City of Corpus Christi, Texas as a community safe room for protection from emergencies. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029767 24 Second Reading Ordinance - Approving reimbursement agreement and appropriation for a water distribution main line for a proposed warehouse development (1st Reading 2/26/13) Ordinance authorizing execution of a distribution main extension construction and reimbursement agreement ( "agreement ") with 15T Investments, LLC ( "Developer "), for the construction of a distribution waterline and appropriating $26,290.60 from the No. 4030 Water Distribution Main Trust Fund to reimburse the Developer in accordance with the agreement The foregoing ordinance was passed and approved on Second Reading with the following vote: Corpus Christi Page 12 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029768 25 Second Reading Ordinance on proposed assessments for Vaky Street, Ivy Lane, and Clare Drive; amending the Capital Improvement Budget and awarding construction contract (1st Reading 2/26/13) Public Hearing on proposed assessments for Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre Island Drive to McArdle Road (the "Project "); Ordinance finding and determining that the property abutting said streets will be specifically and specially benefitted and enhanced to an amount at least equal to the cost to each property owner; levying and imposing assessments totaling $191,716.44 against property abutting the improvements for the Project; fixing corresponding liens on property and charges against property owners; adopting the attached Preliminary Assessment Roll; providing for subsequent adjustment of assessment amounts and the corresponding liens and charges based on as -built conditions; specifying assessment payment terms and lien enforcement measures; amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to transfer $99,217.38 in unspent Storm Water funds and $48,592 in unspent Water funds from the Rodd Field /Yorktown Intersection at Airline Road project to the Project; increasing expenditures in the amount of $147,809.38; and authorizing the City Manager to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,381,270.55 for the Project for the Base Bid and Additive Alternates 1 and 2. (Bond Issue 2008) The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029769 L. REGULAR AGENDA: (Item 26 - 27) 26 Agreement for airport parking facilities management Motion authorizing the City Manager, or designee, to enter into a parking Facilities Management Agreement with Republic Parking Corpus Christi Page 13 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 System, Inc. ( "Republic ") to manage, operate, maintain, and collect revenues for the City of Corpus Christi ( "City ") from parking facilities located at the Corpus Christi International Airport, in consideration of a management fee of $9,583 per month to be paid to Republic by the City, for a term of five (5) years. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -049 27 Second Reading Ordinance - Amending the Unified Development Code (UDC) regarding public notices, special permits and setbacks to improve the effectiveness of the UDC (1st Reading 2/26/13) Ordinance amending the Unified Development Code by revising subsections 3.1.7.C.1 and 3.1.7.C.4 - public notice requirements, subsection 3.3.3.0 - City Council final action on rezonings, section 3.6 - special permits, subsection 3.18.4 - building permit expiration, subsection 3.24.1 - applicability of administrative adjustments, table 4.4.3.A - setbacks in two - family and townhouse zoning districts, table 4.4.3.6 - setbacks in multifamily zoning districts, table 4.5.2 - permitted uses in commercial zoning districts, table 5.1.4.1 - vehicle sales and service uses, subsection 5.3.1.J - accessory uses and structures, subsection 5.4.3.G - banners for temporary promotional events, subsection 7.5.13.E - institutional signs, and subsection 7.5.20.D - temporary and portable signs allowed in nonresidential districts; and providing for severance, penalties, and publication. The foregoing ordinance was passed and approved on Second Reading with the following vote: Aye: 8 - Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Loeb Abstained: 0 Enactment No: 029770 M. FIRST READING ORDINANCES: (Items 28 - 36) 29 First Reading Ordinance - Transfer and appropriation of funds to capital budget for arena / convention center loading dock repairs Ordinance transferring and appropriating $100,000 from the Corpus Christi Page 14 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CI P Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029775 30 First Reading Ordinance - Lease agreement for operation of news and gift concession at City airport Ordinance authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029776 31 First Reading Ordinance - Ratifying acceptance of the amendment to State grant for air quality planning activities; appropriating grant funds Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 15 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 Abstained: 0 Enactment No: 029777 32 First Reading Ordinance - Appropriating abandoned /unclaimed monies from Police Property room Ordinance appropriating $11,586.71 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No.029577 by increasing revenue and expenditures in the General Fund No. 1020 by $11,586.71 each. The foregoing ordinance was passd and approved on First Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029778 33 First Reading Ordinance - Amendment to lease agreement for additional baseball fields at Greenwood / Horne Youth Sports complex Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. This Ordinance was tabled. 34 First Reading Ordinance - Appropriating a State grant for serving homebound seniors in the Senior Companion Program Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2 - Council Member Scott and Council Member Riojas Abstained: 0 Enactment No: 029779 Corpus Christi Page 16 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 35 First Reading Ordinance - Amending the Code of Ordinances for the Mayor's Fitness Council duties and membership Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 Enactment No: 029780 36 First Reading Ordinance - Establishing the Downtown Catalyst Area in the City Ordinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 029781 N. PUBLIC HEARINGS: (Items 37 - 39) 37 Public Hearing and First Reading Ordinance - Designating the Downtown Reinvestment Zone within the City Ordinance designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Mayor Martinez referred to Item No. 37. Wes Pierson, Assistant City Manager stated that this ordinance establishes the Downtown Reinvestment Zone and includes all of the Downtown TIRZ to help the City cover all of the potential sites for growth. A motion was made by Council Member Loeb, seconded by Council Member Magill to open the public hearing and passed. There were no comments from the public. A motion was made by Council Member McIntyre, seconded by Council Member Leal to close the public hearing and passed. The foregoing ordinance was passed and approvd on First Reading with the Corpus Christi Page 17 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029782 38 Public Hearing and First Reading Ordinance - Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Mayor Martinez referred to Item No. 38. Mike Morris, Director of Park & Recreation stated that this item is to amend the current lease with the Corpus Christi Area Council for the Deaf to expand from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park for the expansion and operation of the CC Area Council for the Deaf. A motion was made by Council Member Leal, seconded by Council Member Loeb to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Magill, seconded by Council Member Leal to close the public hearing and passed. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 39 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to add the requirements and enforcement of Model Subdivision Rules to plats and subdivisions of land within the Extraterritorial jurisdiction of the City Ordinance amending the Unified Development Code ( "UDC') by Corpus Christi Page 18 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 revising Article 8, Section 8. 1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter II of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication. Mayor Martinez referred to Item No. 39. Mark Van Vleck, Director of Development Sevices stated that this is a housekeeping amendment to the Unified Development Code related to the Authority regarding subdivisions located in the extraterritorial jurisdiction of the City. A motion was made by Council Member Riojas, seconded by Council Member Leal to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member McIntyre, seconded by Council Member Leal to close the public hearing and passed. The foregoing ordinance was passed and approved on First Reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029783 O. FUTURE AGENDA ITEMS: (Items 40 - 55) Mayor Martinez referred to the Future Agenda, Items 42 through 52 and stated that these items are for informational purposes only and that no action or public comment would be taken. There were no presentations on these items. 40 BOND 2012 PROJECTS (Related Items 6 - 11) Award of a construction contract; and approval of construction materials testing contact for Yorktown Boulevard Phase 2 project (BOND 2012) Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -053 Corpus Christi Page 19 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 41 Professional services contract for design and construction of County Road 52 Extension (CR 69 to FM 1889) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for County Road 52 Extension from CR 69 to FM 1889 for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -054 42 Professional services contract for remodeling and improvements of the animal care facility (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos of Corpus Christi, Texas in the amount of $87,300.00 for Animal Control Remodel /Improvements for design, bid, and construction phase services. BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -055 43 Professional services contract for the design and construction of hike and bike trails along Schanen Ditch and Bear Creek Ditch (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services. BOND ISSUE 2012. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -056 44 Professional services contract for design and construction of new shop and office facility for signs & signals operations (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs /Signal Operations - New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). Corpus Christi Page 20 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -057 45 Professional services contract for Health Department parking lot improvements (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00, for Health Department Building Parking Lot for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 6 Public Health Improvements) This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -058 46 Professional Services Agreement for Veterinary Services Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated annual expenditure of $100,000.00, of which $33,333.33 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -059 47 Renewal of treated water supply contract with Violet Water Supply Corporation Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -050 48 Professional Services Contract for accelerated considerations of funding and constructing the Mary Rhodes Phase II pipeline project Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $80,000.00, for Water Supply Alternative Funding Strategies. Corpus Christi Page 21 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -051 49 Supply agreement for aluminum traffic signs Motion approving a supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic signs in accordance with Bid Invitation No. BI- 0097 -13 based on lowest responsible bid for an estimated annual expenditure of $133,994.55, of which $44,664.85 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Traffic Engineering FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -060 50 Lease - purchase of pothole patcher trucks for street maintenance Motion approving the lease- purchase of two (2) Bergkamp Flameless Pothole Patchers from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -061 51 Lease - purchase of two asphalt crack sealing machines to be used for street maintenance Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -062 52 Software Licensing Agreement to update existing Municipal Information Systems (MIS) service desk licensing and management Corpus Christi Page 22 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 suite licenses Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94. The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk and management suite licenses to an enterprise solution and this cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas' Department of Information Resources reseller number DIR -SDD -1009. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -052 53 Resolution of support for the application of Texas A &M University - Corpus Christi for Federal designation as a test range for unmanned aircraft system. Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. This Resolution was recommended by Staff to the Consent Agenda. Enactment No: 029772 54 Resolution authorizing submission of a grant application to the State for summer food program to serve children in summer recreation program Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. This Resolution was recommended by Staff to the Consent Agenda. Enactment No: 029773 55 Revisions to the Community Youth Development Steering Committee membership from 11 to 9 members Resolution revising membership of the Community Youth Development Steering Committee. This Resolution was recommended by Staff to the Consent Agenda. Enactment No: 029774 P. CITY MANAGER'S COMMENTS: Corpus Christi Page 23 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 City Manager Olson introduced the new Assistant City Manager, Susan Thorpe and stated that she began her employment with the City of Corpus Christi on March 18th. Ms. Thorpe stated that she is pleased and excited to began her employment with the City. * Update on City Operations Q. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 7:05 pm. Corpus Christi Page 24 Printed on 312812013 a, 7 Tuesday, March 26, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. C. I] E. IL1V10191A1I:0]L1 A City Council 11:30 AM Mayor Pro Tern Allen called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The invocation was delivered by Pastor Scott McDonald of Corpus Christi Community Church. PLEDGE OF ALLEGIANCE. I :111]1WOUIa The Pledge of Allegiance was led by Armando Chapa, City Secretary. City Secretary Armando Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to the conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Present: 8 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre, Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Mayor Nelda Martinez Proclamations / Commendations 1. AEP Check Presentation to the City of Corpus Christi for their participation in the 2012 CitySmart Program for Energy Efficiency Lighting Retrofit Projects Proclamation declaring April 13, 2013 as Earth Day - Bay Day 2013" Proclamation delcaring April 2013 as "Earth Month 2013" Proclamation declaring April 2013 as "Sexual Assault Awareness Month" Swearing -in ceremony of newly appointed City board, commission and committee members Mayor Pro Tern Allen read and presented the proclamations. Corpus Christi Page 1 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 F. PUBLIC COMMENT. Mayor Pro Tern Allen referred to Public Comment and the following citizens spoke: Carolyn Moon spoke regarding the plastic bag ordinance and it's implementation date; Wilson Wakefield spoke regarding the water rights for the Mary Rhodes Pipeline; Jerry Garcia spoke regarding funding for Southside Pony League, ethical standards, and number of tournaments held in Select Baseball; Deven Bhakta spoke of a subcommittee of the Chamber of Commerce to study the street fee issue and present a plan on behalf of the business community to council for consideration; Moses Mostaghasi spoke of a matter that occurred on October 4 at Oso Creek Park; and Buck Robinson spoke regarding Item No. 37 on residential irrigation and stated that he supports annual testing. G. EXECUTIVE SESSION: (ITEM 2) 2. 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 Judge with possible discussion and action in open session. Mayor Pro Tern Allen read Executive Session Item No. 2. The council went into executive session. The council returned from executive session. City Secretary Chapa read the following ordinance: Ordinance accepting the resignation of Melissa K. Madrigal from her position as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2 - Mayor Martinez and Council Member Riojas Abstained: 0 Enactment No: 029771 H. MINUTES: (NONE) BOARDS & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 28) Corpus Christi Page 2 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Mayor Pro Tern Allen referred to the Consent Agenda, Items 3 through 28. City Manager Olson announced that Item No. 27 was being pulled from the agenda. The following items were pulled for individual consideration: 4, 6, 9, and 10. 3. Renewal of treated water supply contract with Violet Water Supply Corporation Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -050 4. Professional Services Contract for accelerated considerations of funding and constructing the Mary Rhodes Phase II pipeline project Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $80,000.00, for Water Supply Alternative Funding Strategies. The foregoing motion was passed and approved with the following vote: Aye: 7 - Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Recused: 1 - Council Member Leal Abstained: 0 Enactment No: M2013 -051 5. Software Licensing Agreement to update existing Municipal Information Systems (MIS) service desk licensing and management suite licenses Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94. The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk Corpus Christi Page 3 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 and management suite licenses to an enterprise solution and this cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas' Department of Information Resources reseller number DIR -SDD -1009. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -052 6. BOND 2012 PROJECTS (Related Items 6 -11) Award of a construction contract; and approval of construction materials testing contact for Yorktown Boulevard Phase 2 project (BOND 2012) Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -053 7. Professional services contract for design and construction of County Road 52 Extension (CR 69 to FM 1889) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for County Road 52 Extension from CR 69 to FM 1889 for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) The foregoing motion was passed and approved with the following vote: Corpus Christi Page 4 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -054 8. Professional services contract for remodeling and improvements of the animal care facility (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos of Corpus Christi, Texas in the amount of $87,300.00 for Animal Control Remodel /Improvements for design, bid, and construction phase services. BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -055 9. Professional services contract for the design and construction of hike and bike trails along Schanen Ditch and Bear Creek Ditch (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services. BOND ISSUE 2012. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -056 10. Professional services contract for design and construction of Corpus Christi Page 5 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 new shop and office facility for signs & signals operations (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs /Signal Operations - New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -057 11. Professional services contract for Health Department parking lot improvements (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00, for Health Department Building Parking Lot for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 6 Public Health Improvements) The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -058 12. Professional Services Agreement for Veterinary Services Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated annual expenditure of $100,000.00, of which $33,333.33 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have Corpus Christi Page 6 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 been budgeted by the Police Department in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -059 13. Supply agreement for aluminum traffic signs Motion approving a supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic signs in accordance with Bid Invitation No. BI- 0097 -13 based on lowest responsible bid for an estimated annual expenditure of $133,994.55, of which $44,664.85 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Traffic Engineering FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -060 14. Lease - purchase of pothole patcher trucks for street maintenance Motion approving the lease- purchase of two (2) Bergkamp Flameless Pothole Patchers from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Corpus Christi Page 7 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Abstained: 0 Enactment No: M2013 -061 15. Lease - purchase of two asphalt crack sealing machines to be used for street maintenance Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: M2013 -062 16. Resolution of support for the application of Texas A &M University- Corpus Christi for Federal designation as a test range for unmanned aircraft system. Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029772 17. Resolution authorizing submission of a grant application to the State for summer food program to serve children in summer recreation program Resolution authorizing the City Manager, or designee, to submit a Corpus Christi Page 8 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029773 18. Revisions to the Community Youth Development Steering Committee membership from 11 to 9 members Resolution revising membership of the Community Youth Development Steering Committee. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029774 19. Second Reading Ordinance - Transfer and appropriation of funds to capital budget for arena / convention center loading dock repairs (1st Reading 3/19/13) Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CI P Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Corpus Christi Page 9 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Abstained: 0 Enactment No: 029775 20. Second Reading Ordinance - Lease agreement for operation of news and gift concession at City airport (1st Reading 3119113) Ordinance authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029776 21. Second Reading Ordinance - Ratifying acceptance of the amendment to State grant for air quality planning activities; appropriating grant funds (1st Reading 3119113) Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029777 22. Second Reading Ordinance -Appropriating abandoned /unclaimed monies from Police Property room (1st Reading 3/19/13) Corpus Christi Page 10 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Ordinance appropriating $11,586.71 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No.029577 by increasing revenue and expenditures in the General Fund No. 1020 by $11,586.71 each. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029778 23. Second Reading Ordinance - Appropriating a State grant for serving homebound seniors in the Senior Companion Program (1st Reading 3/19/13) Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029779 24. Second Reading Ordinance - Amending the Code of Ordinances for the Mayor's Fitness Council duties and membership (1st Reading 3/19/13) Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Corpus Christi Page 11 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Abstained: 0 Enactment No: 029780 25. Second Reading Ordinance - Establishing the Downtown Catalyst Area in the City (1st Reading 3119113) Ordinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029781 26. Second Reading Ordinance - Designating the Downtown Reinvestment Zone within the City (1st Reading 3119113) Ordinance designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029782 27. Second Reading Ordinance -Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall (1st Reading 3119113) Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, Corpus Christi Page 12 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. This Ordinance was withdrawn. 28. Second Reading Ordinance -Amending the Unified Development Code to add the requirements and enforcement of Model Subdivision Rules to plats and subdivisions of land within the Extraterritorial jurisdiction of the City (1st Reading 3/19/13) Ordinance amending the Unified Development Code ( "UDC') by revising Article 8, Section 8. 1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter II of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Enactment No: 029783 L. PUBLIC HEARINGS: (ITEMS 29 - 33) 29. Public Hearing and First Reading Ordinance -A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, on property located at 7269 State Highway 361. Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property to be rezoned is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313 and 3B, located Corpus Christi Page 13 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Allen referred to Item No. 29. Mark Van Vleck, Director of Development Services stated that this item is to rezone the property to allow a Planned Unit Development consisting of 31 single - family dwelling units, two townhouse units, and a multifamily structure. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of this zoning change. A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Member Leal to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 30. Public Hearing and First Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, on property located east of U.S. Highway 77 and at the east end of County Road 52. Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of Corpus Christi Page 14 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "I L" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Allen referred to Item No. 30. Mark Van Vleck, Director of Development Services stated that this item is to rezone the property to allow light industrial uses. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of this zoning change. A motion was made by Council Member Scott, seconded by Council Member McIntyre to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Member Magill to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 31. Public Hearing and First Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, 5402 Chicago Drive Case No. 0812 -02 N. P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). Corpus Christi Page 15 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to eight conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Allen referred to Item No. 31. Mark Van Vleck, Director of Development Services stated that this item is to rezone the property to allow for a 32 -unit townhouse development. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of the zoning change subject to eight conditions. A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Leal to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 32. Public Hearing and First Reading Ordinance -A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, on property located at 401 South Shoreline Boulevard. Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Corpus Christi Page 16 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Allen referred to Item No. 32. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to rezone the property to reduce setback requirements and allow additional commercial uses. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of the zoning change. A motion was made by Council Member McIntyre, seconded by Council Member Leal to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Leal, seconded by Council Member McIntyre to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Mayor Martinez and Council Member Scott Abstained: 0 33. Public Hearing and First Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, on property located at 7511 Wooldridge Road. Case No. 0213 -03 N. P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property to be rezoned is described as Lot 1, Block 20, Rodd East, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Corpus Christi Page 17 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Farm Rural District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Pro Tern Allen referred to Item No. 33. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to rezone the property to allow the development of a single - family subdivision. Mr. Van Vleck stated that the Planning Commission and Staff recommend approval of the zoning request. A motion was made by Council Member Magill, seconded by Council Member Leal to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Leal, seconded by Council Member Magill to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6- Council Member Allen, Council Member Leal, Council Member Loeb, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3 - Mayor Martinez, Council Member Scott and Council Member McIntyre Abstained: 0 M. REGULAR AGENDA: (ITEM 34) Mayor Pro Tern Allen referred to Item No. 34, Contract for Database Survey to collect data for Street Maintenance Fee. Mr. Oscar Martinez, Assistant City Manager stated that is a follow -up item related to the street maintenance fee. He added that Council had given direction to look at caps and trip factors and to consider conducting a survey to ascertain particular land use and attach trip factors for those businesses below 4.6. Mr. Martinez stated that the posted agenda item is a proposed contract for 90 days at a cost of $225,000; however, to complete within the six weeks timeframe, staff recommends accelerating the timeframe to 30 days at a cost of $270,000. Mr. Martinez added that to keep the contract cost low, staff would like to be included in the process. An amended version of the contract was distributed to council. After council discussion, Mayor Pro Tern Allen asked for comments from the public: Wilson Wakefield stated that he does not support the Chamber of Commerce plan, the fee, and stated that it is unfair for residents; Eloy Salazar stated that the Chamber of Commerce has taken a position to involve the business community and formed a subcommittee to recommend a plan and asked to delay the item; and Abel Alonzo stated that the council was elected to lead and do what is in the best interest of the community. City Secretary Chapa provided clarification on the two motions. A motion was made by Council Member Loeb, seconded by Council Member Scott to vote on the substitute contract for 30 days at a cost of $270,000. 34. Professional services contract for database assistance survey to collect data for street maintenance fee land use identification Motion authorizing the City Manager or designee to execute a contract Corpus Christi Page 18 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $270,000. The motion failed with the following vote: Aye: 4 - Council Member Allen, Council Member Loeb, Council Member Scott and Council Member McIntyre Nay: 4 - Council Member Leal, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 Professional services contract for database assistance survey to collect data for street maintenance fee land use identification Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $225,000. City Secretary Chapa then polled the council for their vote on the posted agenda item. The motion failed with the following vote: Aye: 4 - Council Member Allen, Council Member Loeb, Council Member Scott and Council Member McIntyre Nay: 4 - Council Member Leal, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 1 - Mayor Martinez Abstained: 0 N. FIRST READING ORDINANCES: (ITEMS 35 - 39) 35. First Reading Ordinance - Accepting and appropriating a federal grant to support a state initiative to combat narcotics trafficking and related crimes Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 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 (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Corpus Christi Page 19 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Officers, and 4 lease vehicles; and appropriating the $82,003 in the No. 1061 Police Grants Fund. Mayor Pro Tern Allen referred to Item No. 35. Floyd Simpson, Police Chief stated that this item is accepting a grant to support the Police department's role in the Texas Coastal Corridor Initiative in the amount of $82,003. Mayor Pro Tern Allen asked for comments from the audience. There were no comments. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6- Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3 - Council Member Allen, Mayor Martinez and Council Member McIntyre Abstained: 0 36. First Reading Ordinance - Accepting and appropriating a State grant for border security Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 in the No. 1061 Police Grants Fund. Mayor Pro Tern Allen referred to Item No. 36. Floyd Simpson, Police Chief stated that this item is to accept a grant for the Local Border Security Program in the amount of $85,000. Mayor Pro Tern Allen asked for comments from the audience. There were no comments. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6- Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3 - Council Member Allen, Mayor Martinez and Council Member McIntyre Abstained: 0 37. First Reading Ordinance - Amending Plumbing Code and International Residential Code to establish new language and change the residential irrigation backflow testing requirements from annual to triennial Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL Corpus Christi Page 20 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. Mayor Pro Tern Allen referred to Item No. 37. Mark Van Vleck, Director of Development Services stated that this item is amending the City Code of Ordinances, Chapter 14, the Plumbing Code, to change the frequency of testing requirements for residential irrigation backflow devices from annual to every three years. Mr. Van Vleck stated that the Mechanical Plumbing Advisory Board and Staff recommend denial of this change. Mayor Pro Tern Allen asked for comments from the public: James Rutherford stated that he supports annual inspections; Mr. Collins stated that he supports annual inspections; Buck Robinson stated that he supports annual inspections and asked that the council consider the Mechanical Plumbing Advisory Board's recommendation; and Abel Alonzo stated that this is a health issue and asked the Council to concur with the recommendation and keep the annual inspections. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6 - Council Member Allen, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Nay: 1 - Council Member Garza Absent: 2 - Council Member Leal and Mayor Martinez Abstained: 0 38. First Reading Ordinance - Agreement authorizing the use of property adjacent to Whitecap Wastewater Treatment Plant for staging a fireworks display Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. Mayor Pro Tern Allen referred to Item No. 38. Mr. Oscar Martinez, Assistant City Manager stated that this item is for an agreement for use of property adjacent to the Whitecap Wastewater Treatment Plant for a firewords display on July 4, 2013. Mr. Martinez stated that council approval is required for any use of city property. Mayor Pro Tern Allen asked for comments from the public. There were no comments. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 6 - Council Member Allen, Council Member Loeb, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 21 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 Absent: 3 - Council Member Leal, Mayor Martinez and Council Member Magill Abstained: 0 39. First Reading Ordinance - To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00. Mayor Pro Tern Allen referred to Item No. 39. Mike Morris, Director of Parks & Recreation stated that this item is for a lease agreement for Buc Days Festival and to allow use of City property. Mayor Pro Tern Allen asked for comments from the public. Abel Alonzo spoke in support of this item and thanked them for their work with the disabled community. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7- Council Member Leal, Council Member Loeb, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Mayor Martinez Abstained: 0 O. FUTURE AGENDA ITEMS: (ITEM 40) Mayor Pro Tern Allen referred to the Future Agenda, Item No. 40 and stated that these item(s) are informational purposes only and that no action or public comment would be taken. There was no presentation on the item. 40. Professional services contract for park improvements at Parker Park located on the corner of Waldron Road and Graham Road Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements - Parker Park for design, bid, and construction phase services BOND ISSUE 2012. This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 22 Printed on 41212013 City Council Meeting Minutes - Final March 26, 2013 P. LEGISLATIVE UPDATE: Mayor Pro Tern Allen referred to the Legislative Update item. Mr. Olson provided an update on the following items: 1) Texas Windstorm Insurance Association, 2) Senate Bill 102 and Senate Bill 144 regarding the Appraisal Cap, 3) Resolution in support of Unmanned Aircraft by Representative Hunter, and 4) the Choke Canyon Validation Act. Council Member Scott asked for update on Senate Bill 19, a mitigation bill associated with Windstorm. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 41 - 42) 41. Animal Care Division Mayor Pro Tern Allen referred to Item No. 41, Animal Care Division. Floyd Simpson, Police Chief and Todd Green, Commander, Police Department provided an update of the initiatives and improvements at the animal care facility; discussed the adoption rate for 2012; new equipment and uniforms; and improvements in the future. 42. Fiscal Year 2012 Comprehensive Annual Financial Report (CAFR) Mayor Pro Tern Allen referred to Item No. 42 , Fiscal Year 2012 Comprehensive Annual Financial Report (CAFR). Constance Sanchez, Director of Finance provided a briefing of the CAFR and stated that the Local Government Code requires the CAFR to be filed in the City Secretary's Office within 180 days of 6 months after the last day of the fiscal year, and it was filed timely. Ms. Sanchez referred to the Management's Discussion and Analysis - summary of the activity for the fiscal year; Statement of Net Assets - the City's balance sheet and includes all city funds; the Statement of Activities - the City's income statement. She then reported on the results for Fiscal Year 2012 and stated that $65.6 million was added to net assets, sales tax increased from $9 million from the prior year, hotel occupancy tax increased $1.3 million, $3.3 million of added revenue and savings due to a full year of recycling, and a decrease of $15 million of net expenses among all funds. R. CITY MANAGER'S COMMENTS: * Update on City Operations Mayor Pro Tern Allen referred to City Manager Comments. Mr. Olson reported on the following: 1) recognized the Police Department for the re- accreditation they received from the Commission on Accreditation for Law Enforcement Agency. He stated that the Police department was initially accredited in 2009 and that the city of Corpus Christi is 1 of 32 cities in the State of Texas with this accreditation; 2) reported that the City's Park & Recreation department was recognized by the Texas Recreation and Parks Society in the following three areas: Artesian Park Lonestar Legacy Award, 2012 Summer Games, and maintenance efforts on Gulf Beach programs; 3) staff is working on posting on the City website the Street Maintenance Fee issue and launched live this afternoon, and includes a link on the front page of the city's website; 4) Corpus Christi Page 23 Printed on 41212013 City Council S. ADJOURNMENT Meeting Minutes - Final March 26, 2013 reported that the Mayor's Blue Ribbon Committee held their Kickoff Meeting and is working at water supplies, desalinization and other issues impacting the water resources for our city; 5) Solid Waste Competitive Review has been completed and scheduled an update to Council at the next Workshop Meeting on the findings and the improvement plan, 6) the Facility Review has also been completed and schedule an update to the council on the findings, 7) reported that Chief Simpson organized a Motorcycle Ride for city employees and was an opportunity to build friendships, 8) and reported that his 7th 100 days will be completed on April 2 and stated most of the items have been completed and progress on all of items, except for one item. The 8th 100 days with a new set of goals will begin on April 3rd. In regards to the Mayor's Blue Ribbon Committee, Council Member Scott requested that the Council be provided copies of documents distributed to the committee on water issues. There being no further business to come before the Council, Mayor Pro Tern Allen adjourned the meeting at 4:15 pm. Corpus Christi Page 24 Printed on 41212013 a. CLEAN CITY ADVISORY COMMITTEE — One (1) vacancy with term to 7 -08 -14 representing the category of Educator. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. M_F MRTi ,R C ***Rebecca Lyons (Educator) Scot Barker (Chamber), Chair Brian Cornelius (Hauler) Lori Galan- Garcia (Beautify) Paige Dinn (Comm. at Large) Carolyn Moon (Comm. at Large) Teresa Klein (Comm. at Large) Juan Rodriguez (Comm. at Large) Joan Veith (Comm. at Large) Kimberly Brumley(Comm. at Large) Virginia Delgado (Comm. at Large) Director of Neighborhood Services Director of Environmental Services TERM 07 -08 -14 07 -08 -14 07 -08 -14 07 -08 -13 07 -08 -14 07 -08 -13 07 -08 -13 07 -08 -13 07 -08 -14 07 -08 -14 07 -08 -13 Ex- officio, non - voting Ex- officio, non - voting Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six or two -year service limitation ORIGINAL APPTD.DATE 02 -14 -12 06 -09 -09 07 -08 -08 04 -12 -11 07 -08 -08 07 -31 -12 02 -24 -09 05 -11 -10 07 -08 -08 02 -14 -12 02 -14 -12 (The Clean City Advisory Committee is recommending the realignment of Kimberly Brumley to the Educator category, and recommending Beth Becerra to Ms. Brumley 's Community At Large vacancy.) INDIVIDUALS EXPRESSING INTEREST: Christopher Anderson Owner/Designer, Creative Minds Sales and Design. Attended Del Mar College. Worked in Legal profession. In current business, adopted the Corpus Christi skateboard park to make improvements. (At Large) (1118113) Sarah Lathrop Baugh Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (At Large) (2125111) Beth Becerra Communications Manager, Coastal Bend Bays & Estuaries Program. Received a BS in Journalism from Texas Christian University. Worked previously as newspaper reporter. Activities include: works with Education and Outreach Implementation Team for CBBEP, Corpus Christi Downtown Farmer's Market, active in Corpus Christi film community. (At Large) (12103112) Marjorie N. Boudreaux Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (At Large) (09115111) Kimberly Brumley Coordinator for Professional Development, CCISD. Received MS from TAMU -CC and BS from TAMU- College Station. Former District & Campus Administrator and Classroom Teacher. Activities include: Delta Kappa Gamma Soc. Intntl. for Key Women Teachers, Learning Forward, Assn. for Supervision and Curriculum Development, GPS student mentor. Active in church, foster and adoptive parenting. (Educator) (At Large)(Current Clean City member) Micah DeBenedetto Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (At Large) (2/07/13) John C. Gilbreath Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los Angeles College at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Molay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De Molay Legion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (At Large) (618111) Roland Hernandez, Ph.D. Chief Administrative Officer, Corpus Christi Independent School District ( CCISD). Received Ph.D. from The University of Texas at Austin, Masters degree from The University of Houston — Clear Lake, and Bachelors from Texas State University — San Marcos. Has 21 years experience in Education with 15 years in Administration. Activities include: Leadership Corpus Christi - Class 40, Citizens of Educational Excellence (CEE) board, Assistant Scout Master — Troop 226, Texas Assn. of School Administrators (TASA), and CCISD Athletic programs. (Educator) (At Large) (1107113) Stephanie Knox Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (At Large) (11106112) Mark Mathias Self- employed /Owner. Currently attending Del Mar College towards Associates of Science in Physics. Served six years in U.S. Navy as Machinist Mate (nuclear). Educated at Naval Nuclear Power Training Command, Charleston, SC, and Nuclear Power Training Unit, Ballston Spa, NY. Activities include: member of Science, Engineering & Mathematics Majors Organization, Treasurer of Environmental Awareness Organization. (At Large) (03111113) Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (At Large) (115111) Evan Paret Planning and Construction Department Student Worker, Texas A &M University - Corpus Christi. Pursuing a BS in Environmental Science, with minor in Business Administration from Texas A &M University - Corpus Christi. Activities include: Student Government Association, TAMUCC Environmental Advisory Council, Young Business Professionals, World Affairs Council of South Texas, Army ROTC Leadership Training, and Church of the Good Shepherd. (At Large) (07131112) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (At Large) (8/27/12) Bradley D. Spillman Rental Agent, National Car Rental. Received MS in Management Information Systems and BBA from University of Missouri. Activities include: CCISD Volunteer Program. (At Large) (11/30/11) Julia Stafford Category Manager, Stripes, LLC. She and family actively support and participate in various events of the Dr. Clotilde P. Garcia branch public library. Other activities include: member of Net Impact, an organization of professionals working together through jobs and businesses to move towards a more sustainable future. (At Large) (11128112) Laurie Wood Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (At Large) (415110) Jo Woolsey Self- Employed, Woolsey Legal Services. Attended Victoria Junior College. Previously worked in Legal field in Corpus Christi, now self - employed in Legal field. Activities include: Member of the Athenian Club. (At Large) (7/31/12) b. COASTAL BEND COUNCIL OF GOVERNMENTS — Nine (9) vacancies with terms to 4- 30 -15, with four (4) being elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS Mayor Nelda Martinez Council Member David Loeb Council Member Colleen McIntyre Council Member Mark Scott Ron Olson, City Manager Tom Tagliabue, Director, Intergovernmental Relations Richie Quintero, Deputy Fire Chief Oscar Martinez, Assistant City Manager Bill Hennings ALTERNATES Armando Chapa, City Secretary Pat Eldridge, Corpus Christi Police Department Margie Rose, Assistant City Manager Lawrence Mikolajczyk, Solid Waste Services TERM 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 4 -30 -13 (City Manager Ron Olson is recommending reappointment of current Staff members and Alternates.) (Mr. Bill Hennings is interested in reappointment to the Coastal Bend Council of Governments) C. COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING COMMITTEE — Six (6) vacancies with terms to 8 -31 -14 and 8 -31 -15 representing the following: 2 — 78415 Resident, and 4 — At Large. DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Nine (9) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. City guidelines require that at least 51% of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers. City guidelines also require that no members of the committee may be related to each other. MEMBER Sandra M. Rivera (78415 Resident), Chair *Cookie Silverman *Belinda Barrera * * *Erica Rios (78415 Resident) *Jean Marie Giegerich * *Linda Moyer (78415 Resident) Rosa "Linda" Rincon (78415 Resident) Rosa Romero (78415 Resident), Vice -Chair *Norma Solis (78415 Resident) ORIGINAL TERM APPTD. DATE 8 -31 -13 9 -14 -10 8 -31 -12 10 -11 -11 8 -31 -12 10 -13 -09 8 -31 -13 10 -11 -11 8 -31 -12 6 -09 -09 8 -31 -12 2 -19 -08 8 -31 -13 1 -16 -07 8 -31 -13 10 -11 -11 8 -31 -12 9 -14 -10 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six or two -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Belinda Barrera 4 2 50% Jean Marie Giegerich 4 4 100% Cookie Silverman 4 2 50% Norma Solis (78415 Res.) 4 2 50% OTHER INDIVIDUALS EXPRESSING INTEREST: Jennifer De La Moya Office Administrator, American Tire Distributors. Excellent event and family fundraiser organizer. Volunteers with school fundraisers, bake sales, etc. (At Large) (1016111) David Dow Juvenile Corrections Officer /Community Relations, Texas Juvenile Justice Department. Previously served as Sgt -at- Arms in New Hampshire State Senate, and former member of NH House of Representatives. Activities include: Texas Rehab Action Network, Nueces County /Corpus Christi Election Judge. (At Large) (9114112) Jeff Fonseca Owner, Green Tree Lawn Care. Graduated Foy H. Moody High School. (At Large) (618111) Javier P. Garcia Relief Captain /Vessel Manager, Kirby Inland Marine. Attended Del Mar College. Has 31 years of training in the Martial Art and Olympic Sport of Judo. Trained and competed nationally and with Olympic champions. Desires to establish Judo training program with the youth of Corpus Christi. (At Large) (03112113) Santiago Hernandez Senior Officer Specialist, Dept. of Justice/Fed. Bureau of Prisons/Fed. Correctional Institution — Three Rivers, TX. Received a BS in Criminal Justice, and currently working on his Masters of Public Administration. (78415 Resident) (11/16/12) Stephanie Knox Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (78415 Resident) (11/06/12) Jason M. McDonel Head Physical Education Coach, Luther Jones Elementary — CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (At Large) (12/15/11) Anthony Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (At Large) (512111) Norman Navarro Technology Center Instructor, LULAC National Education Service Centers, Inc. Received BS in Computer Science and pursuing Masters in Educational Technology from Texas A &M University - Corpus Christi. Activities include: American G.I. Forum. (At Large) (5125111) Luella R. Gipson - Torres Self- Employed /Children's Story Author. Currently enrolled at Texas A &M University - Corpus Christi, Psychology major. Former Early Childhood Development Teacher and former Security Officer. (At Large) (03/12/13) d. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — One (1) vacancy representing one of the following: a resident of the district; an owner of property in the district; an owner of stock, or corporate owner of property within the district, or an agent, employee or tenant of one of the above. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07 -16 08 -21 -01 Eloy Salazar (PO) 07 -14 07 -27 -04 Con Browne (A /E /T) 07 -14 07 -31 -12 Wayne Lundquist (A/E /T) 07 -16 08 -22 -00 Jonathan Richter (A /E /T) 07 -16 07 -31 -12 Tray E. Bates (A /E/T), Vice -Chair 07 -14 07 -19 -11 Glenn R. Peterson (PO) 07 -14 06 -08 -10 Casey Lain (PO), Chair 07 -14 06 -08 -10 * * *Christoher Lawrence (A /E /T) 07 -14 03 -29 -11 Cass Austin Gabriel (R) 07 -14 07 -19 -11 Dee Dee Perez (A /E /T) 07 -14 06 -08 -10 Janet Maxwell (SO) 07 -16 12 -18 -12 Tim Heuston (A /E/T) 07 -16 03 -29 -11 Harold Shockley, Jr. (A /E/T) 07 -14 05 -08 -12 Joe Gonzalez (A/E /T) 07 -16 01 -22 -13 Legend: *Seeking reappointment **Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation R - Resident of District PO — Owner of Property within the District SO — Owner of Stock or Corporate owner of Property within the District A /E /T — Agent, Employee or Tenant of one of the above (The Corpus Christi Downtown Management District is recommending the appointment of Michael Richline (Corporate Property Owner)). INDIVIDUALS EXPRESSING INTEREST: Micah DeBenedetto Owner/Photographer, MD Photography. Received a BS in Chemistry from University of Texas at Austin. Has studio in KSpace Contemporary Art Museum. Activities include: Court Appointed Special Advocates (CASA) Board of Directors, YMCA, ALS Association of South Texas, and Young Business Professionals. (Agent/Employee/Tenant) (2/07/13) Stephanie Knox Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (Agent/Employee/Tenant) (11106112) Jennifer Reid Downtown Business Owner, Threads. Received a Business Accounting Certificate. (Corporate Property Owner) (7/18/11) Michael Richline President/Owner, Richline Technical Services, LLC. Activities include: USO of South Texas, Buc Days Bucarader, and Corpus Christi Chamber of Commerce. (Corporate Property Owner) (3126113) e. TRANSPORTATION ADVISORY COMMITTEE — One (1) vacancy with term to 4- 30 -16. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station, however, the Committee voted to change this to an At Large position. Chairman and Vice - Chairman elected annually. MEMBERS TERM John Garcia 4 -30 -16 Gretchen Arnold 4 -30 -15 Edd Price, Chair 4 -30 -14 *Robert G. Jacobi 4 -30 -13 Scott M. Harris 4 -30 -16 Bryan Hall 4 -30 -14 Sheila Cudd, Vice -Chair 4 -30 -15 Carl Weckenmann 4 -30 -15 Eric Villarreal 4 -30 -14 Legend: *Seeking reappointment * *Not seeking reappointment ORIGINAL APPTD.DATE 3 -19 -13 5 -08 -12 5 -26 -09 4 -13 -10 3 -19 -13 5 -30 -06 2 -10 -09 5 -08 -12 5 -08 -12 (The Transportation Advisory Committee is recommending the reappointment of Robert Jacobi.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Robert G. Jacobi 11 11 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Mark Mathias Self- employed /Owner. Currently attending Del Mar College towards Associates of Science in Physics. Served six years in U.S. Navy as Machinist Mate (nuclear). Educated at Naval Nuclear Power Training Command, Charleston, SC, and Nuclear Power Training Unit, Ballston Spa, NY. Activities include: member of Science, Engineering & Mathematics Majors Organization, Treasurer of Environmental Awareness Organization. (03/11/13) DATE: March 21, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 26, 2013 Action Item for the City Council Meeting of April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Execute Contract for Professional Services Community Park Development and Improvements — Parker Park Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements — Parker Park for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with CLK Architects & Associates, Inc. for Community Park Development and Improvements — Parker Park. BACKGROUND AND FINDINGS: The scope of this project includes Replacement of play equipment and play area, clearing of existing vegetation and replacement with topsoil and seeded with drought tolerant low water consumption Bermuda Grass, repair walking trail, upgrade irrigation, design new shade structure next to play area, benches, picnic tables, lighting and repair accessible route to play area from parking areas in compliance with the Parks and Recreation Open Space Master Plan. CLK Associates, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. MINOR z•�a� m�e���.y�:a� i��xxi rE: i• �. b�xK:�f:�xe_u�.�_en��K�_F:�xrua z zy� OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CLK Architects & Associates, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratino ❑ Revenue X Caoital ❑ Not aoolicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,250,000.00 $3,750,000.00 $5,000,000.00 Encumbered /Expended Amount This item $63,940.00 $63,940.00 Future Anticipated Expenditures This Project $536,060.00 $0.00 $536,060.00 BALANCE $650,000.00 $3,750,000.00 $4,400,000.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $63,940.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services CLK Architects & Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract C:\ USERS \HO LLYT \APPDATA \ROAMING \L5\ TEMP \E690780D -7EC6- 4898 - AODA- A4FF13A8931 D. DOCX PROJECT BUDGET ESTIMATE Community Park Development - Parker Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 FUNDS REQUIRED: Construction (preliminary estimate)* ......................................... ............................... Contingency( 10%) ................................................................ ............................... Design Fees: Engineer (CLK Associates ) .................................................. ............................... Geotechnical Study and Testing ( TBD) ...................................... ............................... Reimbursements $5,000,000.00 450,000.00 45,000.00 63,940.00 3,375.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 4,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 24,750.00 Finance............................................................................... ............................... $ 4,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 3,935.00 TOTAL................................................................................ ............................... $600,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $4,400,000.00 *Balance will be used for other projects in this Bond Proposition category : \councllexhlbltS \exht 1 Z 1 1 bc.dwq RIVER N'UECES B.AJ q w z z Q q w � o Y � � � z o Q J HWY 44 AGNES q C ° P CCIR � o ° o BEAR PROJECT #E12115 �y 5� N CO2 -P`US 0-WS 1T B92-4 j F.M. 4 ___ ���7 / \ �Q� Sq�W �SOWWY N�S Al FM 2444 PROJECT SITE Parker Park LOCATION MAP NOT TO SCALE .LA(juNA 'MAI)RE Community Park Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS and Improvements DEPARTMENT OF ENGINEERING SERVICES (Parker Park) PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and CLK Architects &Associates, Inc., a Texas corporation, 615 N. Upper Broadway, Suite 1250, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A /E), hereby agree as follows: 1. SCOPE OF PROJECT Community Park Development and Improvements — Parker Park Project # E12116 Voters in Bond Issue 2012 approved $5,000,000 to focus on irrigation upgrades, dog parks, skate parks, splash pads, shade structures, landscaping, trails, parking improvements and other items. For Parker Park the amount of monies allocated for improvements has been set at $600,000.00 the proposed improvements for this park include the following: Replacement of play equipment and play area, clearing of existing vegetation and replacement with topsoil and seeded with drought tolerant low water consumption Bermuda Grass, repair walking trail, update irrigation, design new shade structure next to play area, benches, picnic tables, lighting and repair accessible route to play area from parking areas. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE 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. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which 'are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services fisted in this publication as Additional Services will be considered as Basic Services. Contract for Engineering (A1E) Services Page 1 of 4 KWnginaering DalaExchange%ClarissaJlParks11 =12 11 5 - Community Park Development & ImprovemenlsSContract - CLK Archileclsll CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx n 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $63,940,00 (Sixty Three Thousand Nine Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts-for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) Conlracl for Engineering (AIE) Services Page 2 of 4 KAEogineering DalaExchangeSClarissaAParks1E12116 - Community Park Development & ImprovemenlslContract - CLK Arohileclsll CONTRACT PROFESSIONAL SERVICES - PARKER PARK.dacx 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI CLK Architects & Oscar R. Martinez, Date A. JavVi rtat ` Assistant City Manager Vice Presi nt 615 N. Upper Broadway Suite 1250 (361) 884.3295 Office (361) 884.3298 Fax RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services 3/�I3 Michael Morris Date Director of Parks and Recreation Contract for Engineering (AIE) Services Page 3 of 4 KAEngineering DataExchango %ClarissaJXParWE12115 - Community Park Development & ImprovementshContract - CLK Archilects%i CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Community Parks Development and Improvements -- Parker Park (Proiect No. E12115) Department Fund Source No. Amount Parks and Recreation Bond 2012 550950- 3293 - 00000- E12115 $63,940.00 Total $63,940.00 Encumbrance No. ENTERED MAR 0 8 2013 CONTRACT MANAOER�S%JX� "V Contract for Engineering (AIE) Services Page 4 of 4 KAEngineering DataExchanga lCiarissaAParks1E12115 - Community Park Development & ImprovemantslConlracl - CLK Archilecls\l CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation improvements - Parker Park Project # El 2115 I, SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area, e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f} Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements, i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page t of 9 Revised November 13, 2012 G�Wunicipal ProjeclsUly of Corpus ChnstiY2o M - HEB_AL Kruse_Parker_Park1Wniten 1`08ST EXHIBIT A LARGE AE REVSED Nw13 2012 -Parker Park ,doe 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section,geot ethnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report, q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report, r) Assimilate all review comments of the Draft Engineering letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and vB& for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2, Design _Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 GAMunicipal Projectskoay of Corpus Chnsli420 M - N£8_AL_Kruse_P8rker_P8rk\Wd1Ien Files@ EXHIBIT A LARGE AE REVEED N0913 2012 -Parker Park,doc b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans incompliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11"x 17 ", 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electr onic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes.with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the Qty of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required fand within the scope of Consultant's . duties under this contract) if, in the opinion of the City Irnaineer or designee, Consultant has not adeguately addressed City-provided review comments or provided submittals in accordance with City standards. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 G:SMuniclpal ProjectslCity of Corpus Chnsti1201310 - HEB_AL Kruse_Parker parMWrilten Flles52 EXHIBIT A LARGE AE REVISED Nw13 2012 . parker Park.doc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services), The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "At' Page 4 of 9 Revised November 13, 2012 GAMunicipal ProjeclskQty of Corpus Chrisli%201310 - HEB_AL Kruse_Parker_PsldWritlen Files)2 EXHIBIT A LARGE AE RFVGEO Nw13 2012 - Parker Park.doc d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red- line" drawings. Prepare Project record drawings and provide. a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services, l=ees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) EXHIBIT "A" page 5of9 Revised November 13, 2012 awecipal ProjeclsSCily m Corpus ChristA201310 - HEB _AL_Kruse_Perker_Park%Wrilten Files52 EXHIBIT A LARGE AE REVISED Nw13 2012 - Parker Park doc k. United States Environmental Protection Agency (USEPA) 1. Texas Department of Licensing and Regulation (TDLR } M. Texas General Land Office (TGLO) n. Other agency project- specific permits 2. Right-of-Way ROW Ac uisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network, All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. AIE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' ❑ Mar Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data wi11 remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 GWunlcipal ProjeclsQly of Corpus GhrisliQ01310 - H EB_AL_Kruse_Parker_ParklWrillen Files\2 EXHIBIT A LARGE AE REVISED NoV13 2012 - Parker Park.doc parent tract areas based on the most accurate information available: Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. AIE shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location -- The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater —Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 GAMunicipal Projecls4Cily of Corpus Chrisw(11310 - HEB_AL Kruse_Parker_ParklWrillen ReW EXHIBIT A LARGE AE REVGED Hov13 2012 - Parker Park.doc vi) Gas - Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract, Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1° Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". SCHEDULE Date Activity March 26'h, 2013 NTP April 11'4, 2013 Draft ELR submittal April 251 ", 2013 City Review Ma 2o, 2013 Final ELR submittal Ma 30'h, 2013 60% Design Submittal June 131h, 2013 City Review July 11", 2013 90% Design Submittal July 251h, 2013 City Review August 22 "d, 2013 100% Final Submittal Sep 1 S', 2013 Advertise for Bids Sep 10", 2013 Pre -Bid Conference Sep 19'h, 2013 Receive Bids Oct 3rd, 2013 Contract Award Oct 7", 2013 Begin Constructiori March 28'h, 2013 Complete Construction Ill. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 GAMuniapal Pro,,ecls\01y of Corpus Ch6stA201310 - HEB_AL Kruse_Parker_ParklWnllen Filesl2 EXHIBIT A LARGE AE REVISED Nov13 2012 - Parker Park.doc will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, AIE will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon AIE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE a not -to- exceed fee as per the table below: Summary of Fees Basic .Services Fees 1. Preliminary Phase $13,500.00 2. Design Phase $29,700.00 3. Bid Phase $2,700.00 4. Construction Administration Phase $8,100.00 Subtotal Basic Services Fees $54,000.00 Additional Services Fees (Allowance) 1. Permit Preparation (TDLR fees only) $700.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions $3,500.00 4. Environmental Issues 5. Public Involvement 6.S ubsurface Utility Investigation 7. Construction Observation Services To Be Determined 8. Start -up Services 9. Warranty Phase $3,600.00 Sub -Total Additional Services fees Authorized $9,940.00 Total Authorized Fee $63,940.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 G:1Municipal ProjeclsLCity of Carpus Chrisli\2a1310 - HEB_AL_Kruse_Parker_ParklWrilten Filesti2 EXHIBIT A LARGE AE REVISED NM3 2012 - Parker Park doe EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Proposition 4 -- Parks & Recreation Improvements - Parker Park Project # E12115 Basic Services: 1) Project limits include Waldron Rd. on the East; Graham Rd. on the South and drainage ditch on the north of the property. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in, project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report (ELR) including all pertinent information as described in Exhibit "A ". 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Engineering Letter Report (ELR), and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform the design of all improvements on the project, including the repairs to the existing trail, drainage and grading improvements, and other amenities such as shade structures, benches in compliance with Parks, Recreation and Open Space master plans as discussed with City Staff. EXHIBIT "A -1" Page 1 of 5 Revised April 2010 GMuniapal ProjedslCity of Corpus ChdadV01310 - HEB AL_Kruse_Parker_ParMW611an 8103 EXHIBIT A -i TASK LIST LARGE AE REVISED April 2010 -Parker Parkdxx 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project); • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Civil Grading Plan • Civil Utility Plan • Utility Details • Sanitary Sewer Plan • Sanitary Details • Planting Plans • Planting Details • Irrigation Plans • Irrigation Details • Architectural Site Plan • Architectural Floor Plans • Architectural Elevations • Architectural Sections • Architectural Details • Architectural Sections • Structural Notes • Structural Foundations • Structural Sections • Structural Details • MEP Site Plan • Electrical Plan • Electrical Details • Electrical Schedules • Plumbing Plan • Plumbing Details • Plumbing Schedules EXHIBIT "A -1" Page 2 of 5 Revised A rii 2010 G.Wunidpal Projads%Cily of Corpus Chrisliti201310 - HEB_AL Kruse_Parker_ParMWrillen Filesl3 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apra 2010 • Parksa Parkdocx 11) Prepare opinion of probable construction. costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include; • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control /Quality Assurance (QCIQA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT Page 3 of 5 Revised April 2010 GAMunidpai ProjedsUly of Corpus ChdsGV261310 - HE8_AL_Kruse_Parker Park\Written 1`1"s 3 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apri 2610- Parker Parkdoex 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5'h of each month. 21) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations as required. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY 1) None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey, 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Locate and tie -in known utilities and structures. 7) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) City to provide AIE team any and all assessment of the property if environmental issues have been identified. AIE has not included on their fee any phase I or II assessments for this site. CONSTRUCTION OBSERVATION SERVICES (as approved as additional services) 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A -1" Page 4 of 5 Revised April 2010 GAMuniapal ProjedsUly of Corpus ChrisU\201310 - HE8_AL Kruse_Parker_ParKiWrillen files53 EXHIBIT A -1 TASK LIST LARGE AE REVfSED ApN 2010- Parker Park.doex 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FN office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting; 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS The following tasks are not included on our scope of work. AIE team will notify city if items are discovered during the preliminary phase that might need to be addressed. 1) Sanitary sewer design outside our scope of work area 2) Offsite storm water, wastewater and waterline improvements 3) Improvements to parking lots EXHIBIT "A -9" Page 5 of 5 Revised A ril2010 GAMunicipal ProjeasSCily of Corpus Chriisfil201310 - HEB_AL Kruse_Parker_Pa MVJrillen FilesY3 EXHIBIT A-1 TASK LIST LARGE AE REVISFD April 2010- Padwr Park.doex EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A!E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE L1 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY r $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retry date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pa e 1 of 3 KAEngineering Data Exchange0arissaJ1Parks1E12115 - Community Park Development & ImprovementstContract - CLK Archilecis%4 EXHIBIT B 1NO MNIFILATION - OCT 2010.docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and .admitted to do business in the State of Texas and with an A.M. Best's rating of. no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT" "B" Pa e2 of 3 K %Engineering DalaExchange %ClarissaJkParks5E12115 - Community Park Development & Improvements %Contract - CLK Arrhitects14 EXHIBIT B INDEMNIFICATION - OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. it is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, (liabilities, losses and expenses, including court costs and attorneys' fees, for or on 'account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Pa e3of3 KAEngineering ❑ ataExchangelClarissaJXParks�E12115 - Community Park Development & Improvements\Cortract - CLK Archilecls%4 EXHIBIT B INDEMNIFICATION- OCT 20%doex N Q U) i 0. IT �� Z U) VN G) O 0 O aZz u �u�yo a c IL O V m G1 O d a 0 V o a c 0 0 0 a- 0 V3 O C F- 0 V N O Z V L, T O Z v c 0 v 9 00 � e t0 Q O O C7 O O Oe N ** 00 v O 0 O 0 p O ` -.1 z p M N Ecu 0 0 0 0 0 O C�pQ Oo L3 0 o° 0 LO H �H-L U u°)0 0 y i� 0 N U. lL v� V Z a t m 'D 0 v 00 0000 C c p 00 0 0 0 0 0 a'i LL. 0 C to Ift N N H 2 0 V) 2 0 tO T- 0 T EA Qo.� C+ 69 - 69 O0 ©ono a0cnc�n OOOppO°o calm o 000 O r- m m� A W N T �-- 69 0 C O N 0 N N In C7 0 ;e h I N 0 6a m m er hQ_ tQ N h 0� 60 40 60) r H H I••' Cd 4% 14 r 6� o Q 6 N 0 N m m m N co F. I_ i- 'r` r, T v 7— T 69 Q O C CqQ N a❑ ❑❑ lfl 66q N C N N T Vk 8t°rr ° ° ❑ ❑ ❑ o ' Q 0 0 o Fm-HN° Q aC)0 000 6F} CV tV 6�4 % 2 6c9 663 E EXHIBIT "C" Pa a 'I of T N to i. v d IL v �. au o cya m N ,� 0 CL co � 5 � � Ecu 0 m CL aco0(B EXHIBIT "C" Pa a 'I of T N N L3 U Q�1 y i� 0 N U. lL v� V Z a t m 'D 0 v C c yy* p N m Q �+ a'i LL. E ° Q.S 2 ¢ a »� Qo.� a0cnc�n calm o EXHIBIT "C" Pa a 'I of T SUPPLIER NUMBER TO BE ASSIGNED B'Y CITY- — PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST C.h:risti 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. It'the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CLK Architects & Associates, Inc. P. O. BOX: STREET ADDRESS: 615 N. Upper Broadway, Ste 1250 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation X 2. Padnership 8 3. Sole Owner E] F-1 4. Association 5, Other DISCLOSURE QUESTIONS If additional space is necessar, please use the reverse side of this age or attach separate sheet. 1. State the names of each ` y+ employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "f=arm." Name Job Title and City Department (if known) NIA 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 "farm." Name Title NIA 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 NIA 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 "farm." Name Consultant NIA EXHIBIT "D" Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 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: Atilano S. Huerta Title: Vice President (Type or Print) I I f „ Signature of Certifying Date: Person: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "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. d. "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. "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. "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." g. "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 "D" Page 2 of 2 t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Carl Badalich and Sherry Badalich (Case No. 0213 -02) Change from "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay Property Address: 7269 State Highway 361 CAPTION: Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313, and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. PURPOSE: The purpose of this item is to rezone the property to allow a Planned Unit Development consisting of 31 single - family dwelling units, two townhouse units, and a multifamily structure, which is a change from the previously approved 23 -unit townhouse Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions: Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single-family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks for the multifamily portion of the development shall be a minimum of five feet. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of 31 single - family dwelling units, two townhouse units, and a multifamily structure. The original PUD was approved by Council in June 2010 for a 23- unit townhouse development. PUDs approved by Council cannot be significantly modified without Council approval. The applicant is requesting a rezoning for a new PUD because he wants to change the existing development plan. By using a PUD, the developer would be committed to a site plan that could not be changed significantly without a public hearing. This PUD utilizes decreased lot sizes and setbacks for individual lots, while maintaining the required amount of open space. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with elements of the Comprehensive Plan, Mustang /Padre Island Area Development Plan, and Future Land Use Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0213 -02 HTE No. 13- 10000006 Planning Commission Hearing Date: February 13, 2013 0 Applicant /Owner: Carl and Sherry Badalich Legal Description /Location: Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313, and 3B, located between State Highway 361 and the QGulf of Mexico, approximately one -half mile north of Sea Way Drive. 0 N From: "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay To: "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay Area: 3.72 acres o Purpose of Request: To allow construction of 31 single - family dwelling units, N two townhouse units, and future multifamily structure(s). Existing Zoning Existing Land Use Future Land Use District "RM -AT /PUD" Vacant, Low Density Tourist & Site Multifamily AT with a Residential & Conservation/ co Planned Unit Conservation/ Preservation C a Development Overlay Preservation E D North "RM -AT" Multifamily AT Vacant & Low Tourist N Density Residential N _J South "RM -AT" Multifamily AT Vacant Tourist and Commercial W East "RS -6" Single - Family 6 Water Water Low Density West "FR" Farm Rural Vacant Residential and Commercial Area Development Plan: The subject property is located in the Mustang- Padre Island Area Development Plan (ADP) and is planned for a tourist use. m °- The proposed change of zoning to modify the Planned Unit Development a o Overlay is consistent with the adopted Future Land Use Plan for the area. 05 Map No.: 022037 Zoning Violations: None 0 Transportation and Circulation: The subject property has 125 feet of 0 CL frontage along State Highway 361, which is an "RA3" Primary Rural Arterial Divided street. L Zoning Report Case # 0213 -02 Carl & Sherry Badalich Page 2 � Urban Proposed Existing Traffic Street Transportation Section Section Volume d Plan Type Yp 2011 ( ) a, "RA3" Primary 250' ROW 120' ROW 8 325 cn SH 361 Rural Arterial 76 paved 47 paved (2010 Divided ADT) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning to modify the existing Planned Unit Development Overlay (PUD) to allow construction of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The original PUD was approved by Council in June 2010 for a 23 -unit townhouse development. PUDs approved by Council cannot be significantly modified without Council approval. The applicant is requesting a rezoning for a new PUD because he wants to change the existing development plan. Applicant's Development Plan: The proposed development of a residential subdivision will consist of 31 single - family units, two townhouse units, and one or more future multifamily structures on the lot nearest the beach. Phase 1 consists of 21 single - family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. Due to dune protection laws, the multifamily structure(s) will have to be built within the footprint of the existing structure located on the lot nearest the beach so that the dunes are not further impacted. The front yard setback in Phase 1 will be eight feet and five feet in Phase 2. The side and rear yard setbacks in all phases, including the multifamily lot, will be five feet. Single- family and townhouse dwellings will not exceed a maximum of 45 feet in height of habitable space. A garage will be located on the first floor of each residence. The infrastructure for Phase 1 of the PUD was already constructed. For the multifamily development, parking, access, and other development requirements with the exception of the side and rear yard setbacks will be in accordance with the UDC. Existing Land Uses & Zoning: North and south of the subject property is vacant land zoned "RM -AT" Multifamily AT District. West of the subject property is vacant land zoned "FR" Farm Rural District. East of the subject property is the Gulf of Mexico. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with elements of the Comprehensive Plan, Mustang /Padre Island Area Development Plan, and Future Land Use Plan. Plat Status: The subject property is currently platted. A replat will be submitted to match the approved PUD. Zoning Report Case #0213 -02 Carl & Sherry Badalich Page 3 Department Comments: • Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. • This PUD utilizes decreased lot sizes and setbacks for individual lots, while maintaining the required amount of open space. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development, subject to a Master Site Plan that complies with the following conditions: Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B of the ordinance. The development of the Property is to consist of 31 single - family dwelling units, four townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single-family dwelling units and Phase 2 consists of 10 single - family dwelling units, four townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks for the multifamily portion of the development shall be a minimum of five feet. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private Zoning Report Case # 0213 -02 Carl & Sherry Badalich Page 4 street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. Number of Notices Mailed — 6 within 200' notification area; 1 outside notification area 0 As of February 14, 2013: In Favor — 2 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \S HARE D\ZONING CASES \2013 \0213 -02 Carl & Sherry Badalich \0213 -02 Report for CC, Carl & Sherry Badalich 3- 3- 13.docx r--A"- rAwk r� UUM CASE: 0213-02 2. SITE - EXISTING ZONING, ubtecl Froperty owners FE -21 Swith 200' buffer 0 ift is vor Oviners within 200' lasted on V ownw5 attached mvrtershep to bL- A W 4PP04M"Oii R] Dare Crea red., 2/112013 Prepared By jeremym of Development Services NOTICE AREA & UWNERSHIP RM-1 Multifamily I It. Light Industrial RM-2 Multifamily 2 144 Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single - Family 6 CN-1 Neighborhood Commercial RS4.5 Single -Fam Ity 4,5 CN•2 Neighborhood Commercial RS•TF Two - Family CR-1 Resort Commercial RS-15 Single- Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial P Special Permit Cl Intensive Commercial ;V Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay SP Business Park ubtecl Froperty owners FE -21 Swith 200' buffer 0 ift is vor Oviners within 200' lasted on V ownw5 attached mvrtershep to bL- A W 4PP04M"Oii R] Dare Crea red., 2/112013 Prepared By jeremym of Development Services SUBJECT PROPERTY N Cit of Cory pus FLO—CATIO LELr_stJi I Ordinance amending the Unified Development Code ( "UDC ") upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301- 313, and 313, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Carl Badalich and Sherry Badalich ( "Owners ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Carl Badalich and Sherry Badalich ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City ") is amended by changing the zoning on Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores (the "Property "), located between State Highway 361 and the Gulf of Mexico approximately one -half mile north of Sea Way Drive as shown in Exhibit "A" (Zoning Map No. 022037), from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay subject to the nine conditions stated in this ordinance. Exhibit 'A" which is the location map pertaining to the Property, and Exhibit "B," which is the Master Site Plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The modified Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following nine conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single - family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum height of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks (front, rear, and side) applicable to the multifamily portion of the development shall be a minimum of five feet in width. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. Page 2 of 3 SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores) and that are in conflict with this ordinance are expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 A� % M&WROMM IMMUMPIty"A0194irl E3Subject Propetty EXH I BIT A 121! 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Z �4rz LOU fi 446 2d m i ppg _ LL n Q, q 2 co 1 �y i w o, T. 0 pl mom - �=rR. v9 J C m N O Z o $IyS�a �•� p -� a � ��N rn MNIN 4 0 m °m EL m p a 8 m C. �!E: �gq (� •{�� d' "" vvv &vv f 2 Fire z _ E� ,ono W 111111111111111111H H A ..�jj t li LU 15 Lo 11 m s I � GO £Ul£U'f:l `Nd £S:Z£ :Zf SMZ /£l /Z `l`dld '6MP'£l£lZO uold ja }soli jo; uold a}ls \}oafoJd puolSl— SWZI \s}oafo-Jd \::) £of£o'l :f 'Wd SZ:££:ZL £loZ /£l /Z '£f 133HS '6mP'£l£lZo uold ja }soli jo; uold a }Is \}oafoJd puolSI— SWZL \s}oafo-Jd \::) mLm'L:L 'Vid 9-0 :ZL S:LOZ/S:L/Z 'VI 133 HS 'Bmp-s:Ls:Lzo uDid jajsDu •ol uDid sl!s\lDsfOJd PUDISI—SWZL\SI3QfO-Jd\::) 0 8 IL IL IL ® / \� «\ \\ < \ \° w > ui LU > 0 \ \\ \\ \ \\ \\ \ \ LU a U* z aim z "D j- C §8 4,o U L gx v 7� w 2 k co � \ /� \\ \\ \ \ \\ \ \� \ \ \� \ \ \ \ \� \\ \ � \\ \ Q § s :§ . ...... . \:9a y . a. LLI §� mLm'L:L 'Vid 9-0 :ZL S:LOZ/S:L/Z 'VI 133 HS 'Bmp-s:Ls:Lzo uDid jajsDu •ol uDid sl!s\lDsfOJd PUDISI—SWZL\SI3QfO-Jd\::) t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Charles O. Massey (Case No. 0213 -01) Change from "CG -2" General Commercial District to "IL" Light Industrial District Property Location: East of U.S. Highway 77 and at the east end of County Road 52 CAPTION: Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow future light industrial uses on the property. The applicant currently has plans to construct an auto body shop on a portion of the property and subdivide the remainder of the property for future light industrial uses. Staff has determined that although the Future Land Use Plan calls for a commercial use on the property, an industrial use would be appropriate for this undeveloped area and would be an expansion of the industrial district immediately to the west. When the applicant subdivides the property, 95 feet of right -of -way will be dedicated for the future extension of County Road 52 and planned connection with Callicoatte Road. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0213 -01 HTE No. 13- 10000001 Planning Commission Hearing Date: February 13, 2013 Applicant: Charles O. Massey a ° Owner: COEL Properties, Ltd. 0 aOi .a Legal Description /Location: An 18.47 -acre tract of land out of the cL I y Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 CL Q Q (Interstate Highway 69) and at the east end of County Road 52. From: "CG -2" General Commercial District a� n To: "IL" Light Industrial District •� n Area: 18.47 acres Q Purpose of Request: To allow construction of an auto body shop and for N future light industrial uses. Existing Zoning Existing Land Use Future Land Use c District Site "CG -2" General Vacant Commercial Commercial .o North "FR" Farm Rural Drainage Corridor Drainage Corridor N - South "RMH" Manufactured Mobile Home Mobile Home J Home n East "IL" Light Industrial Vacant Light Industrial W West "CG -2" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Northwest c Area Development Plan (ADP) and is planned for commercial uses. The cL • proposed change of zoning to the "IL" Light Industrial District is not consistent a c with the adopted Future Land Use Plan. a Map No.: 066049 & 066050 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 110 feet of frontage along County Road 52, which is an "A1" Minor Arterial 0 Undivided street. The property is located approximately 455 feet east of U.S. CL Highway 77 (Interstate Highway 69), which is an "F1" Freeway /Expressway. The Urban Transportation Plan calls for the extension of County Road 52 c� through the subject property connecting to Callicoatte Road. Urban Proposed Existing Traffic W Street Transportation Section Section Volume L O Plan Type (2011) C County "A1" Minor Arterial 95' ROW 110' ROW Not Road 52 Undivided 64' paved 80' paved Available Zoning Report Case # 0213 -01 Charles O Massey Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District in order to construct an auto body shop and subdivide the property for future light industrial uses. Development Plan: The applicant plans to use approximately three to five acres out of the 18.47 acres being rezoned to construct an auto body shop. The auto body shop will be located adjacent to the existing Access Ford facility to the west of the subject property on U.S. Highway 77. The remainder of the land will be subdivided into individual lots and sold for light industrial uses. Existing Land Uses & Zoning: North of the subject property is a drainage corridor zoned "FR" Farm Rural District. East of the subject property is vacant land zoned "IL" Light Industrial District. West of the subject property is a car dealership zoned "CG -2" General Commercial District. South of the subject property is a manufactured home park zoned "RMH" Manufactured Home District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. However, the Urban Transportation Plan was amended to reclassify the roadway from a divided road to an undivided road. The removal of the median would allow the 18- wheelers to access the properties. Department Comments: • This rezoning would expand the light industrial use located east of the subject property. • Although there are manufactured homes located south of the subject property, required buffer yards and screening would be used to minimize the nuisance of the light industrial uses for the adjacent manufactured homes. • When this property is subdivided, 95 feet of right -of -way will be dedicated for the future extension of County Road 52 and planned connection with Callicoatte Road. • Although the Future Land Use Plan calls for a commercial use on this property, an industrial use would be appropriate for this undeveloped area and would be an expansion of the industrial district immediately to the west. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Zoning Report Case # 0213 -01 Charles O. Massey Page 3 Number of Notices Mailed — 7 within 200' notification area; 4 outside notification area 0 As of February 14, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0213 -01 Charles O. Massey \0213 -01 Report for CC, Charles O. Massey.docx 0 CES'RIV'E72, IRRIGATI' SUBJ PROPS CG-2 LACY`S ;SINES 5 0 G'i(j �C,2,N RACT 2 F HERITAGE WEST CASE: 0213 -02 2. SITE - EXISTING ZONING NOTICE AREA & OWNERSH RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 111,10 7 I L Date Created: 112512013 Prepared By: jeremym of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Special Warranty Deed recorded under clerk's File Number 2009006158 (the "Property "), located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52, from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map Nos. 066049 & 066050), as shown in Exhibits "A" and "B." Exhibit 'A" which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Special Warranty Deed recorded under clerk's File Number 2009006158) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 20 Page 2 of 2 p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING N.P. Homes, L.L.C. (Case No. 0812 -02) Change from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay Property Address: 5402 Chicago Drive CAPTION: Case No. 0812 -02: N.P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow a 32 -unit townhouse development. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north - south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. BACKGROUND AND FINDINGS: The applicant plans to build 10 one -story structures with multiple units in each building for a total of 32 dwelling units on the 3.3 -acre site. Each dwelling unit would share at least one common wall with a neighboring unit. The applicant has requested the Planned Unit Development Overlay (PUD) because the proposed development would not strictly comply with all setback and street width requirements as required by the Unified Development Code (UDC). PUDs allow for increased flexibility in site layout and design. The PUD zoning offers more protection to the single - family neighborhood from nuisances associated with commercial development. The existing "CG -2" General Commercial District permits a broad range of commercial uses. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Modify the PUD conditions; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the adopted Future Land Use Map and it meets criteria of the Comprehensive Plan and Southside Area Development Plan by encouraging infill development and locating medium - density residential development along a collector street with convenient access to an arterial street. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0812 -02 HTE No. 12- 14000001 Planning Commission Hearing Date: February 13, 2013 (Tabled on Aug. 15, Sept. 12, & Dec. 19) c a- o Applicant /Representative: N.P. Homes, L.L.C. Owner: N.P. Homes, L.L.C. CL y Legal Description /Location: King's Crossing West Unit 2, Block 2, Lot 3, CL Q °� o located at the northeast corner of Chicago Drive and approximately 500 feet west of South Staples Street (FM 2444). From: "CG -2" General Commercial District y To: "CG -2 /PUD" General Commercial District with a Planned Unit .� Development Overlay Area: 3.301 acres io Purpose of Request: To allow construction of a 32 -unit townhouse development. Existing Zoning Existing Land Use Future Land Use District c M Site "CG -2" General Vacant Commercial Commercial r_ (1) •o ? "CG -2" General Vacant Commercial North Commercial N South "RS -6" Single - Family 6 Low Density Low Density J Residential Residential n • East "CG -2" General Commercial Commercial w Commercial West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial uses. The cCL c proposed change of zoning to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay is consistent with the adopted a o Future Land Use Plan because the base zoning district is not changing. Q Map No.: 045031 Zoning Violations: None Transportation and Circulation: The subject property has 576 feet of cfrontage along the north side of Chicago Drive and has 235 feet of frontage CL c the east side of Chicago Drive, which is a Local Residential Street. The along c subject property has indirect access to South Staples Street (FM 2224), which is an "A3" Primary Arterial Divided Street, via Chicago Drive. The subject property is approximately 500 feet west of South Staples Street. Zoning Report Case # 0812 -02 NP Homes, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay (PUD) in order to construct a 32 -unit townhouse development. The proposed development would be classified as a medium - density residential land use, which ranges from 8 to 22 dwelling units per acre. The applicant is requesting the PUD zoning because it offers flexibility in the required development standards that the "CG -2" District imposes, such as setbacks and street design. Applicant's Development Plan: The applicant plans to construct a gated townhouse development consisting of three four -plex structures, six three -plex structures, and one duplex structure for a total of 32 dwelling units and a density of 9.7 dwelling units per acre. The proposed lot sizes are a minimum of 3,000 square feet and the floor area of each dwelling unit would range from 1,300 to 1,500 square feet with an attached two - car garage and two parking spaces in front of the garage. The development would maintain the existing building setback lines along Chicago Drive (20 feet along the north -south portion of Chicago Drive and 10 feet along the east -west portion of Chicago Drive). With the exception of the proposed street design, open space requirements, and rear yard setback, the proposed development complies with the typical dimensional requirements for townhouse developments, which are: Townhouse Requirements Proposed Urban Proposed Existing Traffic Minimum Dwelling Unit Area (front access): Street Transportation Section Section Volume Minimum Dwelling Unit Width (front access): 26 feet 36 ft. Plan Type Internal Street Yard Setback: 10 feet 15 ft. (2010) O Chicago Local Residential 60' ROW, 60' ROW, Not Building Separation: 10 feet Drive Yes 40' paved 40' paved Available Minimum Open Space: 30% 34.34% Yes Q South Staples "A3" Primary 130' ROW, 92' ROW, 7,651 ADT Street Arterial Divided 79' paved 65' paved (FM 2224) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay (PUD) in order to construct a 32 -unit townhouse development. The proposed development would be classified as a medium - density residential land use, which ranges from 8 to 22 dwelling units per acre. The applicant is requesting the PUD zoning because it offers flexibility in the required development standards that the "CG -2" District imposes, such as setbacks and street design. Applicant's Development Plan: The applicant plans to construct a gated townhouse development consisting of three four -plex structures, six three -plex structures, and one duplex structure for a total of 32 dwelling units and a density of 9.7 dwelling units per acre. The proposed lot sizes are a minimum of 3,000 square feet and the floor area of each dwelling unit would range from 1,300 to 1,500 square feet with an attached two - car garage and two parking spaces in front of the garage. The development would maintain the existing building setback lines along Chicago Drive (20 feet along the north -south portion of Chicago Drive and 10 feet along the east -west portion of Chicago Drive). With the exception of the proposed street design, open space requirements, and rear yard setback, the proposed development complies with the typical dimensional requirements for townhouse developments, which are: Townhouse Requirements Proposed Complies Minimum Site Area: 20,000 square feet 135,036 SF Yes Minimum Dwelling Unit Area (front access): 2,600 square feet 3,012 SF Yes Minimum Dwelling Unit Width (front access): 26 feet 36 ft. Yes Internal Street Yard Setback: 10 feet 15 ft. Yes Side Yard: Zero (0) feet 0 ft. Yes Rear Yard Setback: 15 feet 7.5 -15 ft. No Building Separation: 10 feet 10 ft. Yes Maximum Height: 45 feet 35 ft. Yes Minimum Open Space: 30% 34.34% Yes Zoning Report Case # 0812 -02 NP Homes, LLC Page 3 Existing Land Uses & Zoning: Located to the north of the subject property is a vacant lot, which is zoned as the "CG -2" General Commercial District. Across Chicago Drive to the south and west of the subject property is a single - family residential neighborhood, which is zoned as the "RS -6" Single - Family 6 District. To the east of the subject property is an animal hospital, which is zoned as the "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: Although the adopted Future Land Use Plan slates the subject property for commercial uses rather than medium - density residential uses, the requested Planned Unit Development (PUD) would not change the Future Land Use Plan because the base zoning district will not change. The requested PUD would be compatible with the surrounding commercial and residential uses and would protect the neighborhood from further encroachment of commercial uses. The rezoning is consistent with portions of the Comprehensive Plan and the Southside Area Development Plan such as: • Medium - Density residential development should be located in areas with convenient arterial access (Comprehensive Plan, Residential Policy Statement F). • Provide for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low- density residential activities from incompatible activities ( Southside ADP, Policy Statement B.1). • Planned Unit Developments and other creative land planning techniques should be encouraged (Comprehensive Plan, Residential Policy Statement K). • Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). Transportation: The subject property has frontage along the north and east sides of Chicago Drive, which is designated as a Local Residential Street. The Comprehensive Plan states that medium - density developments should be located with convenient access to arterial streets. The subject property is approximately 500 feet west of South Staples Street (FM 2224), an "A3" Primary Arterial Divided street. The proposed townhouse development has adequate access to an Arterial street. Plat Status: The subject property is currently platted and will be replatted in accordance with the approved Planned Unit Development. Department Comments: • The proposed townhouse development would be compatible with the surrounding single - family neighborhood and would provide a better transition between the existing and potential adjacent commercial uses and the single - family neighborhood to the south and west of the subject property. Zoning Report Case # 0812 -02 NP Homes, LLC Page 4 • The PUD zoning offers more protection to the single - family neighborhood from nuisances associated with commercial development. The existing "CG -2" General Commercial District permits a broad range of commercial uses. • The rezoning to the PUD would help to protect the surrounding single - family neighborhood from further encroachment of commercial uses, which are allowed by- right today with subject property's existing commercial zoning designation. • The subject property has sufficient access to an Arterial street. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north - south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. Zoning Report Case # 0812 -02 NP Homes, LLC Page 5 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. c Number of Notices Mailed — 30 within 200' notification area; 1 outside notification o area c>s As of February 14, 2013: zIn Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 9 (inside notification area); 19 (outside notification area) a For 10.4% in opposition. Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Associated PUD Replat 3. Public Comments K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0812 -02 NP Homes, LLC \Updated Files for 2 -13 CC \0812 -02 Report for CC, NP Homes 2-26 - 13.docx TONY &ROO 2 4Q 0 10 1 CASE: 0812-02 2. SITE - EXISTING ZONING., C-11 Subject Property ovener'T with 200' buffer 0 in f1vor owners withm 200' ksted On X Owners attached owner,�)Wp towe in oppc itbn SU PR R, QA CS jr 4, ILL] N W E City of ILOCATION MAP Corpus I Christi NU I 1(;t: AHI:A dt UVV)Vt:KbHIP RM-1 Multifamily I IL Light Industrial RM-2 Multifamily 2 iH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev, Overlay ON Professional Office RS-10 Single-Famity 10 RMAT MuffifamityAT RS-6 Single-Famlly 6 CN•1 Neighborhood Commercial RS-4,5 Single-Family 4.5 CN•2 Neighborhood Commercial RS-TF Two - Family CR-I Resort Commercial RS-15 Single-Family IS CR-2 Resort Commercial RE Residential Estate CG-I General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit C1 intensive Commercial RV Recreational Vehicle Park CSD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FIR Farm Rural H Historic Overlay BP Business Park C-11 Subject Property ovener'T with 200' buffer 0 in f1vor owners withm 200' ksted On X Owners attached owner,�)Wp towe in oppc itbn SU PR R, QA CS jr 4, ILL] N W E City of ILOCATION MAP Corpus I Christi :W e, N Lt) g 7 LL 1 :fir `Pb ° �wwzj= W Kam° Lli =l^ U) m W rr �wn O�pgOOp� aa 5¢ A S z om° wao]c°i r w ■ N � U W a :D Z �--- M U) < �o woF° o mw Z C7 r °" spa ° LU - Q�wz� CD z D n w w — / p o W _N ° 0�3 z oa oao y _ z - y N > p° ioN z,p _ w - wz ��w UQ Z y° _x H° .m N° M E o Owl } z m�� WWc� �//'�11 (n p <4 0D. p w U ooX,'o U) co LL p a ° z n LL O ry QW�N Q U O UN J = U Cl) w � WC CO U LL �m N �W w a �� o w Z �CR o ��'��° z w. v J w .ti ��qw °a to F aa�io ° t u >� W �z .-M W Z - bow 3� °d ow3p z a °zQ Zoe V Mw W wW z?F z�LL O°°akz< ¢xomw� mow °E�° wo yya ulow�o� >'xom wdi? 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U) O�cr) Q J0 =X z Z T Q W = o ZC7UcNo 00 U IlI co � cq Z C7 0 U M Z W ) U ,d v LL o W Z W� 0 �Z LL Z W COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0812 -02 Name: N.P. Homes, L.L.C. 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: 30 Favor: 0 Opposition: 9 #14 Mike Riley (5414 Fisher): Needs to meet setback #2 Steve Seidel (5417 Fisher Circle): The proposal would create hazardous traffic patterns. #3 Margaret and Gary Fenn (7801 Kingshire Dr.): Traffic congestion and safety issues with young children. #21 Donna Worley (5413 Fisher Circle): Traffic congestion and crime. #5 Rafael Fontanez (5409 Lady Diana): Thinks it will devalue the neighborhood. # 18 Raul G. and Eloisa M. Garcia (5426 Armstrong Dr.): Increase in traffic, townhomes are too small, decrease in property value. II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 19 Marilyn Gonzales (7846 Armstrong): Traffic and Crime Joshua Molina (7830 Terrell Circle): Crime rate, traffic, taxes David Crawford (7842 Terrell Circle): Crime and traffic Daniel Gains and Stacey Gains (5402 Borden Circle): Crime and traffic Simon and Arielle Badillo (7805 Armstrong): Traffic, crime, lower home values John and Cindy Oliveira (7801 Armstrong) Traffic, crime, and property value decreasing. Alberto Alvarado (7826 Regal): Traffic, property values Claudia Jackson (7818 Duchess): Traffic, parking congestion, and safety Mario Garcia (7826 Duchess): Property value will decrease Laura Griffiths (5401 Knights Circle): Safety and traffic Mildred Zapata (5409 Borden): Traffic and home value Joey Sienkiewiez (7825 Duchess): Traffic, parking, and home values Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of N.P. Homes, L.L.C. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by N.P. Homes, L.L.C. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 3, Block 2, King's Crossing West Unit 2 (the "Property "), located at the northeast corner of Chicago Drive approximately 500 feet west of South Staples Street (FM 2444) as shown in Exhibit "A" (Zoning Map No. 022037), from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to the eight conditions stated in this ordinance. Exhibit 'A" which is the associated plat of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north -south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 3, Block 2, King's Crossing West Unit 2) and that are in conflict with this ordinance are expressly repealed. SECTION 7. 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. NP Homes CG2 to CG2 PUD Chicago Dr vFinal 20130308 Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor NP Homes CG2 to CG2 PUD Chicago Dr vFinal 20130308 Page 3 of 3 N Lo LL CD ICJ IL '' r apo opa� �lJ o yo LU °�� 8 Z m . 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Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING TR Inscore LLC (Case No. 0213 -04) Change from "CR -1" Resort Commercial District to "Cl" Intensive Commercial District Property Address: 401 South Shoreline Boulevard CAPTION: Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. PURPOSE: The purpose of this item is to rezone the property to reduce setback requirements and allow additional commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to reduce the setback requirements along South Shoreline Boulevard, Born Street, and Broadway Court. Currently, the "CR -1" District encompasses all of North and South Shoreline Boulevard. By rezoning the subject property to the "Cl" Intensive Commercial District, the minimum front yard setbacks would be reduced to zero and a few additional commercial uses, such as boat and RV storage, vehicle service with outdoor repairs, and laboratory /research /experimental uses would be allowed. Although the "Cl" Intensive Commercial District would be inconsistent with the zoning district and setbacks currently along South Shoreline Boulevard, the Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. The Plan calls for minimizing setbacks to create storefronts along the street. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the South Central Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0213 -04 HTE No. 13- 10000005 Planning Commission Hearing Date: February 27, 2013 a Applicant: TR Inscore LLC E .2 Owner: Guinn -Soin, Ltd. u am a Legal Description /Location: Being a 0.50 -acre tract of land out of E � 5 Block 4, South Water Beach Addition, located on the west side of Q °a 6 South Shoreline Boulevard between Broadway Court and Born Street. From: "CR -1" Resort Commercial District y c Q To: "Cl" Intensive Commercial District F Cr Area: 0.50 acres N Purpose of Request: To reduce setback requirements. Existing Zoning Existing Land Use Future Land Use District Site "C Resort Vacant Commercial � Commercial 'o ? North "CR -1" Resort Vacant Commercial Commercial N "CR -1" Resort Vacant Tourist JSouth Commercial n • East "CR -1" Resort Park & Public Public Semi - Public w Commercial Semi - Public West "Cl" Intensive Vacant Commercial Commercial Area Development Plan: The subject property is located in the South Central c Area Development Plan (ADP) and is planned for commercial uses. The cL proposed change of zoning to the "Cl" Intensive Commercial District is a c consistent with the adopted Future Land Use Plan. a Map No.: 045044 Zoning Violations: None c ° Transportation and Circulation: The subject property has approximately M 275 feet of frontage along South Shoreline Boulevard, which is an "A2" ° CL Secondary Arterial Divided street. The property also has approximately 79 y feet of frontage along Born Street and 87 feet of frontage along Broadway c Court, which are local streets. H Zoning Report Case # 0213 -04 TR Inscore Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District to allow construction of an apartment complex with no required setbacks. Applicant's Development Plan: The rezoning is for a 0.50 -acre tract of land out of a 1.24 -acre site. The 0.50 -acre being rezoned from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District extends along South Shoreline Boulevard from Born Street to Broadway Court. The remainder of the property is currently zoned "Cl" Intensive Commercial District. The proposed 160 -unit apartment complex plans to utilize the decreased setbacks offered in the "Cl" Intensive Commercial District. The property would need to be replatted to reduce this setback. The proposed apartment complex will consist of one building that will be six stories tall including a parking garage on the first two levels. The development is not proposed for mixed -use purposes. Should the "Cl" District be granted, a replat will also be required to reduce the yard requirement, which is shown on the plat as 20 feet along South Shoreline Boulevard. Existing Land Uses & Zoning: The subject property is vacant with the western half being zoned "Cl" Intensive Commercial and the eastern half zoned "CR -1" Resort Commercial. North and south of the subject property is vacant land zoned "CR -1" Resort Commercial District. All of the properties fronting Shoreline Boulevard between the American Bank Center on the north end and between Park Street and Furman Street on the South end are zoned "CR -1" Resort Commercial District. East of the subject property is park land and a public parking lot zoned "CR -1" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2011) ROW O S. Shoreline "A2" Secondary 100' ROW 40' ' paved 0 6,464 Blvd. Arterial Divided 54' paved (2010) (Southbound) L Born St. Local Residential 50' ROW 50' ROW Not 28' paved 40' paved Available Broadway Local Residential 50' ROW 75 ROW Not Ct. 28' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District to allow construction of an apartment complex with no required setbacks. Applicant's Development Plan: The rezoning is for a 0.50 -acre tract of land out of a 1.24 -acre site. The 0.50 -acre being rezoned from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District extends along South Shoreline Boulevard from Born Street to Broadway Court. The remainder of the property is currently zoned "Cl" Intensive Commercial District. The proposed 160 -unit apartment complex plans to utilize the decreased setbacks offered in the "Cl" Intensive Commercial District. The property would need to be replatted to reduce this setback. The proposed apartment complex will consist of one building that will be six stories tall including a parking garage on the first two levels. The development is not proposed for mixed -use purposes. Should the "Cl" District be granted, a replat will also be required to reduce the yard requirement, which is shown on the plat as 20 feet along South Shoreline Boulevard. Existing Land Uses & Zoning: The subject property is vacant with the western half being zoned "Cl" Intensive Commercial and the eastern half zoned "CR -1" Resort Commercial. North and south of the subject property is vacant land zoned "CR -1" Resort Commercial District. All of the properties fronting Shoreline Boulevard between the American Bank Center on the north end and between Park Street and Furman Street on the South end are zoned "CR -1" Resort Commercial District. East of the subject property is park land and a public parking lot zoned "CR -1" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case # 0213 -04 TR Inscore Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the South Central Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. Additionally, Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. Department Comments: • The "CR -1" District that encompasses all of North and South Shoreline Boulevard requires a 20 -foot front yard setback. • While maintaining a 20 -foot wide landscaped setback along Shoreline Boulevard is not discussed in the Comprehensive Plan or Area Development Plan, reducing the front yard setback by rezoning this property to the "Cl" District will allow the proposed apartment complex to depart from the long standing requirement of a minimum 20 -foot wide lushly landscaped setback along Shoreline Boulevard and will allow instead a zero -foot wide front yard setback with no landscaping and a six -story building facade constructed at the property line. (Landscaping would also not be provided on Born Street or Broadway Court if the setbacks are reduced.) • Allowing this development to be constructed with no front yard setback would be inconsistent with the majority of the developed properties along the Shoreline Boulevard and sets a precedent for future projects. It appears that only two properties on Shoreline Boulevard violate the 20 -foot building setback and two properties violate the former prohibition against constructing parking spaces within the 20 -foot setback. Those properties are the Art Center, Shoreline Terrace, whose porte - cochere encroaches the setback, and the parking lots of Bayfront Inn, Budget Inn, and First United Methodist Church. However, three of these four properties are located in the immediate vicinity of the subject property. • Prior to the adoption of the UDC, the former Zoning Ordinance specifically prohibited automobile parking lots and accessory off - street parking spaces from being located in the required 20 -foot front yard setback of the "CR -1" District along Shoreline Boulevard. The UDC does not incorporate this restriction. The lack of the restriction impacts the visual corridor along Shoreline Boulevard. • Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. • Destination Bayfront is planned directly across from the subject property on Shoreline Boulevard at a width of approximately 450 feet, creating open space in front of the subject property. The open space may reduce the impact of the requested zero -foot wide setback. Zoning Report Case # 0213 -04 TR Inscore Page 4 While consideration was given to the front yard setbacks established by the existing zoning district and to the patterns of existing development, the request for no setback requirements is not considered inconsistent with the Comprehensive Plan since the Plan is silent on the issue and at the same time encourages increase the residential population in the central business district. Therefore, Staff recommends approval the zoning change. Staff recommends, however, that the developers incorporate some setback, landscaping, and attractive architectural features and detailing into the building facades within view of Shoreline Boulevard and the Destination Bayfront site. Doing so will provide an attractive and complementary appearance more in keeping with the City's prime Bayfront location and immediate proximity to the City's future signature park, Destination Bayfront. Planning Commission and Staff Recommendation (February 27, 20131 Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Number of Notices Mailed — 8 within 200' notification area; 2 outside notification area 0 As of February 28, 2013: In Favor — 1 (inside notification area); 1 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Development Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2013 \0213 -04 T.R. Inscore, LLC \0213 -04 Report for PC TR Inscore 2- 20- 13.docx UM Mm RAYN,E TR CASE. 1213 -4 2. SITE _ EXISTING ZONING, NOTICE AREA & OWNERSHIP R:M-1 Multifamily i IL Light industrial s Multifamily 2 iii Heavy industrial R:M-3 Multifamily 3 PUO Planned Unit ❑ev. Overlay ON Professional Office RS-10 Single - Family 10 RM -AT MuitlfamliyAT RS-6 Single- Family 6 CNA Neighborhood Commercial Mm RAYN,E TR CASE. 1213 -4 2. SITE _ EXISTING ZONING, ICJ. suj }i r prop€vCy � Owners with 200' bufty' in to Uw Owners wathirt 200' Prated ors Owners attached wmership fable In opposition NEE JOR jJ N F;A WKSE MKffn SU ISM -" Date Created., Prepared By: of Develooment NOTICE AREA & OWNERSHIP R:M-1 Multifamily i IL Light industrial RM -2 Multifamily 2 iii Heavy industrial R:M-3 Multifamily 3 PUO Planned Unit ❑ev. Overlay ON Professional Office RS-10 Single - Family 10 RM -AT MuitlfamliyAT RS-6 Single- Family 6 CNA Neighborhood Commercial RS -4.5 Single - Family 4.5 CN-2 Neighborhood Commercial RS-TF Two - Family CR -f Resort Commercial R:S -15 Single- Family 15 CR: -2 Resort Commercial RE Residential Estate CG -1 General Commercial R:S-TH Townhouse CG -2 General Commercial SP Special Permit C:t intensive Commercial RV Recreational Vehicle Parts CBQ Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay SP Business Park ICJ. suj }i r prop€vCy � Owners with 200' bufty' in to Uw Owners wathirt 200' Prated ors Owners attached wmership fable In opposition NEE JOR jJ N F;A WKSE MKffn SU ISM -" Date Created., Prepared By: of Develooment m > 0 � D � CL > - 0) % 2 E 2 T / 2 Ordinance amending the Unified Development Code ( "UDC ") upon application by TR Inscore LLC, acting as agent on behalf of Guinn - Soin, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 27, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.50 -acre tract of land out of Block 4, South Water Beach Addition (the "Property "), located on the west side of South Shoreline Boulevard between Broadway Court and Born Street, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibits "A" and "B." Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (0.50 -acre tract out of Block 4, South Water Beach Addition) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 URBAN ENGINEERING January 25, 2013 Job No. 05201.B3.00 State of Texas County of Nueces Pieldnotes for a 0.50 acre tract of land of Block 4, South Water Beach Addition, a map of which is recorded in Volume 21, Page 50, Map Records of Nueces County, Texas; said 0.50 acre tract of land being more fully described by metes and bounds as follows: Beginning at a found "X" chiseled in concrete at the intersection of the south right -of- way of Born Avenue and the west right -of- -way of Shoreline Boulevard, public roadways, for the northeast corner of said Block 4; Thence, South 11'28'56" West (Plat —South 11'01'00" West), a distance of 275.20 feet (Plat= 275.21 feet) to a found 518 inch iron rod (Bass and Welsh) found at the intersection of the north right -of -way of Broadway Court and said west right -of -way of Shoreline Boulevard, public roadways, for the southeast corner of said Block 4 and of this tract, for the beginning of a non - tangent curve to the left whose radius point bears South 05 °28'05" West, a distance of 849.02 feet, having a central angle of 05 °52'04 ", a radius of 849.02 feet, a tangent length of 43.51 feet and an are length of 86.95 feet; Thence along said non - tangent curve to the left, same being the north boundary of said Broadway Court, an are length of 86.95 feet for the southwest corner of this tract; Thence, North 13 °36'58" East, along the west boundary of this tract, a distance of 266.68 feet to a point on the south boundary of said Born Avenue, for the northwest corner of this tract; Thence, North 85 °10'02" East (Plat =North 84 °41'00" East), along said south boundary of Born Avenue, a distance of 79.11 feet to the Point of Beginning and containing 0.50 acres of land. Bearings based on GPS, NA13 83, State Plane Coordinates, Texas South Zone 4205. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also, reference accompanying map of the tract described hereon. Urban ± ngineering Keith W. Woolcy, R. .L.S License loo. ( 364 W�4- gV,\oata \st«rveying\5201\8�99' i q� i bVQ 'iR 't f s (18404 FAXPW58'4L6001 EXHIBIT A www.urbaneng,com TBP[ Firm #145 Kenney. „Cy 0 o a a Kenney oQ � Born 0 Sloe Laredo m Corpus Christi Agnes es Broad aY Bay o s Christi. -C Site Map (Plat =N84'4 1'00 E)W "Point of �� N8510 0� E ° Beginning" 1 o Born Avenue 79,11 I Elev 9.52 v v QNJ Elev =4.27 cr o v = u ?c � 40' 0 I I o I 40' I � x vatim v; N N m 8 no 4. 3o m II II cN2 � m 3 g 2 0.50 acres 21,755sf ti� ti I 40' I I 40' I `r C �3 I c.:)j h Elev =5.70 d) N Elev 10.19 '=p0 Broadway Court Radius Point Bears I o S0528'05 "W 849.02' _ 0 = 05'52'04" R= 849.02' T= 43.51' L= 86.95' Map to Accompany Rev.: Feb. 6, 2013 DATE: Jan. 25, 2013 FIELONOTES for a 0.50 acre tract of land SCALE: 1 " =60' out of Block 4, South Water Beach E N G I N E E RING JOB NO.: 05201.83.00 Addition, a map of which is recorded in CORPUS CHRISTI, TEXAS SHEET: 1 of 1 Volume 21, Page 50, Map Records of DRAVNV BY: XCs Nueces County, Texas. F� No. 145. 2725 swontner St, capus Christi, TX 76404 PHONE. (361) 654 -3101 FAX (361) 654 -6001 02013 by Urban Engineering t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading /Action Item for the City Council Meeting of April 9, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING N.P. Homes, L.L.C. (Case No. 0213 -03) Change from "FR" Farm Rural District to "RS -6" Single - Family 6 District Property Address: 7511 Wooldridge Road CAPTION: Case No. 0213 -03 N.P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property is described as Rodd East, Block 20, Lot 1, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. PURPOSE: The purpose of this item is to rezone the property to allow the development of a single - family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow construction of a residential subdivision consisting of 41 lots. The proposed rezoning is consistent with the adopted Future Land Use Plan and would be an extension of Greensfield by the Bay subdivision located west of the property. The proposed rezoning is compatible and consistent with the surrounding residential areas surrounding the property. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0213 -03 HTE No. 13- 10000004 Planning Commission Hearing Date: February 27, 2013 a Applicant /Owner: N.P. Homes, L.L.C. o Legal Description /Location: Rodd East, Block 20, Lot 1, located a) a along the south side of Wooldridge Road and approximately 510 feet a � 5 east of Quebec Drive. CL 0 From: "FR" Farm Rural District y To: "RS -6" Single - Family 6 District •- Area: 9.5 acres QPurpose of Request: To allow the development of a single - family io subdivision. Existing Zoning Existing Land Use Future Land Use District Site "FR" Farm Rural Vacant Low Density Residential "RS -4.5" Single - Family Low Density Low Density 'E North 4.5 & Residential & Residential & N � "RM -1" Multifamily 1 Vacant Medium Density Residential a� J South "RS -6" Single - Family 6 Low Density Low Density n Residential Residential w East "FR" Farm Rural Vacant & Estate Low Density Residential Residential West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Southside c Area Development Plan (ADP) and is planned for low density residential uses. cL • The proposed change of zoning to the "RS -6" Single - Family 6 District is a 6 consistent with the adopted Future Land Use Plan. a Map No.: 040032 Zoning Violations: None Transportation and Circulation: The subject property has approximately ° 330 feet of frontage along Wooldridge Road, which is an "A2" Secondary M Arterial Divided. The property will have future access to New Brunswick Drive, ° CL which is a local residential street. Wooldridge Road, west of the subject y property, is currently under construction to widen the road. The paved width of c the road is being increased to 61.5 feet and will include two bike lanes and a middle turn lane. Construction is planned to be completed by May. Zoning Report Case # 0213 -03 NP Homes, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District in order to allow construction of a residential subdivision consisting of 41 lots. Existing Land Uses & Zoning: South and west of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. North of the subject property are single - family houses zoned "RS -6" Single - Family 6 District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is vacant land and a single - family house zoned "FR" Farm Rural. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Department Comments: • The rezoning is consistent with the adopted future land use plan and would be an extension of Greensfields by the Bay subdivision located west of the property. • The rezoning to the "RS -6" Single - Family 6 District is compatible and consistent with the residential areas surrounding the property. Planning Commission and Staff Recommendation (February 27, 20131: Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 63 within 200' notification area; 3 outside notification area 0 As of February 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Subdivision Plat Urban Proposed Existing Traffic Q Q � Street Transportation Section Section Volume L O Plan Type (2011) C Wooldridge "A2" Secondary 100' ROW 50' ROW Not Road Arterial Divided 54' paved 28' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District in order to allow construction of a residential subdivision consisting of 41 lots. Existing Land Uses & Zoning: South and west of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. North of the subject property are single - family houses zoned "RS -6" Single - Family 6 District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is vacant land and a single - family house zoned "FR" Farm Rural. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Department Comments: • The rezoning is consistent with the adopted future land use plan and would be an extension of Greensfields by the Bay subdivision located west of the property. • The rezoning to the "RS -6" Single - Family 6 District is compatible and consistent with the residential areas surrounding the property. Planning Commission and Staff Recommendation (February 27, 20131: Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 63 within 200' notification area; 3 outside notification area 0 As of February 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Subdivision Plat b ; J• I ALL RM -1 Q Q f � - IMORNINGSTAR ESTATES U' M M Q o CR " FLOUR BLUFF & EN'C PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 MOR JNG S TAR ESTATES U b " b RS -TF Two - Family M b r CR -2 2 r n C M 3.V O M N L b b 35�, — 7" �✓ Q b N h " 16 Downtown Commercial RMH Manufactured Home D 41 50� -4.5 Q M 19 M- 53 6 1859 6 30 5120' '0 5 3 " Q " et b 0 M400 " h o $0 Feet " b b CASE: 0213 -03 2. SITE - EXISTING ZONING, Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition b Q n Q i /�a /y " " SUBJECT PROPERTY FLOUR BLUFF & ENC " " Date Created: 2/1 12013 h Prepared By: jeremym r, n r e. Oeoaamen t ofrDevelooment Services NV I RA: AKtA & VW1VtKZiH1F' RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition b Q n Q i /�a /y " " SUBJECT PROPERTY FLOUR BLUFF & ENC " " Date Created: 2/1 12013 h Prepared By: jeremym r, n r e. Oeoaamen t ofrDevelooment Services C, u ~ _ Wk og g og a4 a N �z =wN �w LL o LL = z LL 3Xo ° a w 1 - �w _ a o o °z ° z z g3N° ° ° — 0. wz a a> - s' =� _ =% -=gip 4� 4 .� z x ° 3 a N ° ° ° ° A ° � ° Ir g ° ° _ ° o a < ° w _ 3 0 3 m ° SITE" z YOULURI UGE RB. Q G ° _ NUBIE C LBERTA - : U U' -Z L, UJ Z�r SEBFSi [AN IRT. MUNiREF C O T c=i� ,W♦ W Q BRUISE NEW BRUNSY CK ° 0 a U Z w Q ^°o°Z WF 11 Ix KITCH R T. C[RpYp m I..L sFrc =eu o • N oW w-z _ CLFNCYp QUEBEC DR. ¢ n N BR. o Ld wF J z c1l j�u ZI 5a 1-1 a. mr SFRFiUGF BLVD. a C9 1• •• 1• asa � 5° LLg ° `06Z - '. . - - 4 = W- N�a° Iz 11 _ z a� w ;o �LL 3y w`a° �w . z �w &= oa °= LLN 3n5 w _ F o< Ix F ° �o zrcr _ _�z� - 5z� oQ w,� 5oa - 3a w >Na _" m° N �Y `3zw w �z wG 35 wry _ ° Z. w� z $- wz a wz ai < x S 3� p ?g3� om� 3 om 3aw ww i z z o ,, go mw -3 'a - <g ww -zz<W �` g„ N u 3a 9 H I o CL W 00 LID R I DGE ROAD u u S6 L' 03' 22' E 330. 00' em�11uw '3'n .01 -]- 5`31•- OE.fCAFEOH - - - -gq N61 °00'22'V 124.99' /'3'n AI T O.S2 Ht Ff3 152 - - -- A N 0 t °00'22'. 125. O1' 'il 'A/ 3YI o '3'n .01 r I� I� N6l'00'20'V 140.00' p m L ml m'��r�olal '3 '3 t I m 7 sm L .b2'sG sl'S2l '3 n s — A 9 '62[ � O - a I m I m O A- 3 n Tm " nii m m N I mm m I I IW 3 3n IH m 1 N6l °00'20'W 140. 00' // �.I -° "w I' r .1 9 ,52 N61'00'50'V ,S2 1,52 I c M '. N61'00'50.00'V NEW BRUNSWICK DRIVE N - - - 165.00' _ 0I" O v -- r��ntlxts3 -- � L m 0 y S61' 50 E 25. 'H ,S2 6 _ N O cl "" m 00 N I m m K o PN =I m N6l° 00' 20.00'W 140.00' f'J I .9 LO p�I 7 m 00 - NI1 z 1 - L� w ° m I '3 '3 ,E J 1 ad I - ° - I� Nm I F m N6l'..'2.'W 140.00' .. — — '3_n ,S'L 1 — — — , S6l'00'50'E m ,S2 ,52 1 - " n n m 140. 61'00'20'. 139.91' OS61'00'20'E 119. 3' C N T-- \ -n „ 161'00'20'W 110.39 I- m ° N � W U (� N jo �w oz Q ~aw m r\ W 2 W O zrcr 4L) Z � W u ° o ww wzNo Hm H zw <m g o � zoaa aN U w WnaF Z !n W wz ^= W�rc i Z° V Q�rcu 0 N mr a U �,'� e u u m , 2 �' em�11uw Om��uw N _ 39. -$2, o 88a�a" L �S.SO lQ' T rl p n L ml m'��r�olal P 11p 7 sm L .b2'sG sl'S2l '3 n s — A 9 '62[ L 3 O 'L '3 . 'b 'W _3 'n Al m �'� _ _ _ _ m � ` 09 [2611N dAtl96 ^O 9 �N 0�� M xLb iL :I T31 V'3HL AH SQl3 [JN33M9 N � W U (� N jo �w oz Q ~aw m r\ W 2 W O zrcr 4L) Z � W u ° o ww wzNo Hm H zw <m g o � zoaa aN U w WnaF Z !n W wz ^= W�rc i Z° V Q�rcu 0 N mr a U Orc r u u u em�11uw Om��uw Om��wu o 88a�a" Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of N.P. Homes, L.L.C. ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 27, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by N.P. Homes, L.L.C. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 1, Block 20, Rodd East (the "Property "), located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District (Zoning Map No. 040032), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 1, Block 20, Rodd East) and that an conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 Date Created: 21112013 I Prepared By: jeremym Development Services *:4:i1 :11r_l i :J`I- MORNINGSTAR ESTATES U \ FLOUR BLUFF & EN'C 0 M M M M MORiM.INGSTAR ESTATES U 2 M~ M b A 2 ^ b N 4 Date Created: 21112013 I Prepared By: jeremym Development Services *:4:i1 :11r_l Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 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 (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles; and appropriating the $82,003 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $82,003 from the 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 (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles. SECTION 2. That $82,003 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 2013. NOTICE OF GRANT AWARD TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS RANGER DIVISION ' Program Title: Local Border Security Program FY 2013 (LBSP-13) Funding Instrument: General Appropriations Act, Rider 41, 825TLegislature ---- — --- - ---- - -- - -- - ------------------------------ - - Texas Department of Public Safety Administered by: Texas Rangers Division P.O. Box 4087 Austin, Texas 78773-0600 Grant Number: LBSP-13-09 Recipient: City of Corpus Christi — ------------- Amount of Grant: - - -------------- $85,000.00 Period of Grant: jJanuary 1, 2013 through August 31, 2013 -------------------- - AGENCY APPROVAL GRANT ACCEPTANCE ..... ----- r nd C of rinte Name: Title: Date: 02115/2013 TDate. Return Signed Award to: Texas Department of Public Safety Texas Rangers Division Attention: Brandy Prinz P.O. Box 4087 Austin, Texas 78773-0602 or brandy. p rinz @ dps.texas.gov Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $85,005 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant. SECTION 2. That $85,000 is appropriated in the No 1061 Police Grants Fund from the the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2013 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing/ First Reading for the City Council Meeting of March 26, 2013 Second Reading/ Action for the City Council Meeting of April 9, 2013 1852 DATE: February 22, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., Interim Director, Development Services arkVV cctexas.com 361.826.3246 Amendment to the Code of Ordinances, Chapter 14, Article II, City of Corpus Christi Technical Construction Codes: Division 7, Plumbing code, Section 14 -281, Plumbing code, and Division 8, Residential code, Section 14 -292, Residential construction code. CAPTION: Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. PURPOSE: Create new subsections (10.1) pertaining to Section 312.10 of the International Plumbing Code, which relates to inspection and testing of backflow prevention assemblies and (16.1) pertaining to Section P2503.8 of the International Residential Code, which also relates to inspections and testing of backflow prevention assemblies. In doing so, we will establish new language and change the testing requirements from annual to triennial. BACKGROUND AND FINDINGS: The Backflow Prevention Program was instituted in 1996 to protect the City's potable water supply from potential hazards contaminating customer internal water distribution systems. The prevention program is regulated by the Safe Drinking Water Act (SWDA) of 1974, the Texas Commission on Environmental Quality (TCEQ), as well as Plumbing and Building Codes. The program is administered by the Backflow Division in Development Services, and funded by the Water Department. If a backflow preventer fails on a lawn irrigation system there are many potential hazards such as lawn chemicals, fertilizer, or pet waster that can leak into our general water supply. There are currently 10,872 active irrigation systems with backflow preventers according to our records with an annual inspection failure rate of 15 %. On December 13, 2012, Development Services presented a backflow power point to the Mechanical /Plumbing Advisory Board seeking their recommendation. The Board recommended that we adhere to the code as it is written, which is annual testing on residential irrigation backflow devices. Subsequent to, we took the same presentation to City Council on January 15, 2013, in the decision to have residential backflow irrigation devices tested triennial instead of annually was reached unanimously. Additionally, staff prepared an ordinance amending the language to read triennial testing instead of annual testing in the International Plumbing Code and International Residential Code. The ordinance was taken to Mechanical /Plumbing Advisory Board on February 14, 2013 seeking their recommendation. The Board's decision to leave the language as is was unanimous. The Board was in opposition of changing the testing to anything other than annually. ALTERNATIVES: Make no change to the 2009 International Plumbing Code and Residential Code as adopted, leaving the more stringent requirement in place. OTHER CONSIDERATIONS: In 2009, 391 backflow assemblies for residential irrigation were installed. Since that time four of those devices have had to be replaced due to multiple failures or device defects. The regional water system depends on surface water for its supply. Best Management Practices in maintaining water quality is essential to healthy systems. Any reduced vigilance raises the risk for intrusion of contaminants into the system. Back flow inspections are important for public health and welfare of the community and ensure that back flow equipment is maintained and operating correctly. If there were to be an intrusion into our system, it could lead to a localized or system wide boil water order until the water is cleared for drinking. A boil order could potentially cost the city hundreds of thousands of dollars and the loss of consumer confidence. CONFORMITY TO CITY POLICY: The administrative provisions of the 2009 International Plumbing Code and Residential Code allow for local amendments to developed and incorporated to meet the needs of the community. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Mechanical /Plumbing Advisory Board Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends denial of the proposed ordinance, and reiterates the importance of annual testing. Mechanical /Plumbing Advisory Board recommends denial of the proposed ordinance, and opposes any other action other than annual testing. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing code," is amended by creating a new subsection to read as follows: "Sec. 14 -281. Plumbing code. "With the following additions, deletions, and revisions, the International Plumbing Code, 2009 Edition [including Appendix C, Gray Water Recycling Systems; Appendix E, Sizing of Water Piping; Appendix F, Structural Safety; and Appendix G, Vacuum Drainage System (see International Plumbing Code Section 101.2 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: "(10.1) Section 312.10 of the International Plumbing Code is revised to read as follows. "312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Sections 312. 10.1 and 312.10.2. "312.10.1 Inspections. Residential irriaation backflow prevention assemblies shall be inspected at least once every three years. Annual inspections shall be made of all other backflow prevention assemblies and air gaps to determine whether they are operable. "312.10.2 Testinq. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spillproof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. SECTION 2. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "RESIDENTIAL CODE," Section 14 -291, "Residential code," is amended by creating a new subsection to read as follows: "Sec. 14 -291. Residential code. "With the following additions, deletions, and revisions, the International Residential Code for One- and Two - Family Dwellings, 2009 Edition [including Appendix O, Gray Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: "(16.1) Section P2503.8 of the International Residential Code is revised to read as follows. "P2503.8 Inspection and testinq of backflow prevention devices. Inspection and testing of backflow prevention devices shall comply with Sections P2503.8.1 and P2503.8.2. Technical Constructn Code Resid Backflow Testing Ord Page 2 of 4 "P2503.8.1 Inspections. Inspections shall be made of all backflow prevention assemblies to determine whether they are operable. "P2503.8.2 Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventers, double check valve assemblies, double- detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. SECTION 3. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 1 -6.1, and 14 -207 of the Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance and its requirements take effect on and after May 1, 2013. Technical Constructn Code Resid Backflow Testing Ord Page 3 of 4 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Nelda Martinez Mayor Technical Constructn Code Resid Backflow Testing Ord Page 4 of 4 to DATE: March 5, 2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 26, 2013 Second Reading Ordinance for the City Council Meeting of April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Foster Crowell, Director, Wastewater Department FosterC @cctexas.com 361- 826 -1801 Fireworks Display adjacent to the Whitecap Wastewater Treatment Plant agreement CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. PURPOSE: Jerry Watkins is requesting use of property adjacent to the Whitecap Wastewater Treatment Plant for a fireworks display on July 4, 2013. BACKGROUND AND FINDINGS: Mr. Watkins called the Wastewater Department to request the use of property adjacent to the Whitecap Wastewater Treatment Plant for a free fireworks display event on July 4, 2013. ALTERNATIVES: Do not approve Use Privilege Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council action is required for use privilege agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $1.00 $1.00 BALANCE 1 $1.001 1 $1.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement Whitecap Wastewater Treatment Plant Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. Section 1. That the City Manager or designee is authorized to execute a Use Privilege Agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4 2013. A copy of the agreement will be on file in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 1 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Use Privilege Agreement ('Agreement') is made this day of , 2013, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, or his designee, and Jerry Watkins, ( "Permittee "), with mailing address of . The parties agree as follows: 1. The City is the owner of the Whitecap Wastewater Treatment Plant, located in 13400 block of Whitecap Blvd. Corpus Christi, Texas. 2. The Permittee desires to use the portion of the City property on the lot adjacent to the Whitecap Wastewater Treatment Plant for the purpose of staging a free fireworks display in conjunction with a 4th of July 2013. The Permittee will contract with Zambelli Fireworks to conduct the fireworks event. Zambelli Fireworks will temporary install mortars, racks, firing boxes, electronic firing systems, and splitters on the Property. Approximately 1300 firework shells between 3" and 5" in diameter will be fired from the installed equipment during the performance. The fireworks event will take place at approximately 9:00 p.m. On the day of the fireworks event, if prevailing winds blow towards the Padre Island Yacht Club or towards the Whitecap Wastewater Treatment Plant, the fireworks launch shall be canceled. 3. The exact permitted location for the fireworks launch will be identified by the City Fire Marshall, on City property adjacent to location of the Whitecap Wastewater Treatment Plant, as shown by site map on Exhibit A. The permitted location for the fireworks launch is at least 350 feet from structures or improvement in all directions. 4. In consideration of providing the free fireworks event and Permittee's covenants expressed in this Agreement, the City grants Permittee the use of the City Property described in Section 3, for the purposes stated in paragraph 2 of this Agreement, on July 4, 2013. All references herein to Permittee also apply to Permittee's contractor(s), agent(s), and employee(s) if applicable. Permittee may have access to the property on July 3 for purposes of investigation and set up, but the actual fireworks event will take place on July 4, or other date as mutually agreed to in writing by the City Manager or designated Assistant City Manager. 5. Permittee's use of the property is subject to the following conditions; A. This Agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager), giving the Permittee in writing 3 days notice of the revocation of this agreement. 2 B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed description of its planned use of the Property, including drawings showing the specific location where the equipment identified in Paragraph 2 will be installed and specifications for the fireworks that will be used, to the City's Fire Marshall and Wastewater Director. D. INDEMNIFICA TION. (1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS OFFICERS. MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTOR AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES (`INDEMNITEES') AGAINST ANYAND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAYALL CHARGES OFATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT 1S THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PREEXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL 3 MATTERS ARISING OUT OFANYACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS (INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS `HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITYACT OF 9980 ( "CERCLA'), AS AMENDED, AND THE TERMS "SOLID WASTE "AND `DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 9976 ( "RCRA'), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. (3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHER ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL rd COSTS INVOLVED WITH BRINGING THE WHITECAP WASTE WATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in Exhibit B, which is the attached to and incorporated into this Agreement. The insurance policies must show the City and Padre Island Yacht Club as a named additional insured. Upon City Managers written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property may not interfere with the operation of the City's Wastewater Treatment Plant ( "Plant "). Any construction or equipment installed by Permittee must be removed by the Permittee and the Property restored to its original condition before this Agreement expires. G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. H. Permittee must consult with City Traffic Engineering Office for traffic control plan. Permitee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office and paid applicable street closure, Traffic Control, and Traffic Engineering permit fees. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. K. Before digging or doing any excavation on the Property, Permittee must verify depth and location of existing Water, Wastewater, Gas, AEP (C.P.& L.), Southwestern Bell Telephone., Time Warner, and Grande Communications lines, as well as all other telecommunication providers in the area. Prior to the start of any excavation, the Permittee or Permittee's Agent must call the Texas One Call System, at (800) 245 -4545, 1-800 - DIG-TESS, and Lone Star Notification Center, at (800) 669 -8344, for 5 locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. L. Permittee may not begin work without 48 hours prior notice to the AEP (C.P,& L), S.W.B.T., Grande Communications, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along with the telecommunication providers in the area. M. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. N. If damage occurs to any gas, storm water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). 0. Prior to utilizing the Premises, Permittee must obtain all required Federal, State and Local permits, including but not limited to the fireworks permit from the Corpus Christi Fire Department. P. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Q. Damage to any City property, or driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. R. Permittee may not store or leave any equipment or material in City Property overnight. S. Permittee must notify Wastewater Director, or his designee, at least 24 hours prior to starting work. T. The Permittee must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits may be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. U. Barrel type barricades, approved by City's Traffic Engineering Office, will be placed adjacent to all open pits at Permittee's expense. V. Because the Property is in full view of the public, it must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. 6. This agreement takes effect on date of last signature. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Ronald L. Olson City Manager The Permittee, Jerry Watkins, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. By: , Jerry W ns Date: The fireworks contractor, Zambelli Fireworks, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. By: Name: Title: Date: - Exhibit A Site Map EXHIBIT B INSURANCE REQUIREMENTS I. PERMIITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. At least thirty (30) days prior to the fireworks event, Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 10 -Day written notice of cancellation and Bodily Injury and Property Damage a 30 --- day written notice of non- renewal, Per occurrence aggregate material change or termination required on all certificates Commercial General Liability including: $10,000,000 PER OCCURRENCE 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Inde endent Contractors AUTOMOBILE LIABILITY — OWNED, NON- $1,000,000 COMBINED SINGLE LIMIT OWNED, OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS EMPLOYERS' LIABILITY WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 0 II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance. The City of Corpus Christi and Padre Island Yacht Club must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words "endeavor to ", and deleting the wording after "left'. The name of the project must be listed under 'Description of Operations ". At a minimum, a 30 -day written notice of material change, non - renewal or termination and a 10 - day written notice of cancellation is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.13(1 ) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13.(1) -(7) are included or excluded. � o �. 1 `�Jv -��- �Q x, , l� 1 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Buc Days 2013 lease agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00 PURPOSE: To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities. BACKGROUND AND FINDINGS: The Buccaneer Commission hosts the annual Buc Days events. The activity schedule includes a rodeo, festival and carnival, and illuminated night parade. The 2013 events begin April 9 and continue through May 4. The mission of the Buccaneer Commission includes educational opportunities support for area students. City Council approved the 2010, 2011 and 2012 Buccaneer Days Festival lease agreement for the annual festival and related activities. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements and approval of fees charged in conjunction with public events. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating ❑Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures CIP onl Current Year Future Years TOTALS Line Item Budget $33,000 $33,000 Encumbered / Expended Amount This item ($33,000) ($337000) BALANCE 0 0 Fund(s): General Fund — Police, Streets, Parks & Recreation Comments: Agreement allows for up to $33,000 in reimbursement for City services provided for Buc Days RECOMMENDATION: Staff recommends approval of agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2013 Buccaneer Days Festival and related activities. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor BUC DAYS SHORT TERM 2013 LEASE AGREEMENT State of Texas § County of Nueces § Page 1 of 23 Know All By These Presents: This short term Lease Agreement ("Lease Agreement') between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ("Commission"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein, 1. - Definitions. a. City - means the City of Corpus Christi, a Texas home-rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non-profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ("Buc Days") and related activities sponsored by the Commission including carnival a barbeque cook-off along Shoreline Blvd; and parade. Events, The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. police Chief - means the City's Police Chief or designee. j. Promises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Risk Manager - means the City's Director of Risk Management or designee, 1. City Secretary — means the City Secretary or designee 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the Page 2 of 23 periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Promises and Permitted Uses. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Cook Off: Premises are parking lot on the north side of the former Memorial Coliseum location. C. For the Buc Days Festival; City property to be used for the Buc Days Festival includes: Parking lots located north and south of the former Memorial Coliseum site; the grass area located at the former Memorial Coliseum site, and the park bounded by Kinney Street and N. and southbound Shoreline excluding Sherrill Park. The grass area located at the former Memorial Coliseum site may only be used for tents, and electric drive type of "kiddie" carnival rides, with weight that does not exceed 20,000 pounds per ride. D. If any of the desired Premises include use of the American Bank Arena area ("Arena Area"), Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. E. For the Buc Days Illuminated Night Parade on Saturday May 4, 2013, : Parade begins on Leopard Street at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. to Park Avenue. Breakup area is on southbound Shoreline Blvd. at former Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. Parade route is depicted on attached Exhibit. F. For the Junior Parade on Saturday April 27, 2013 : Parade route is depicted on the attached Exhibit. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. Landscaped areas within the Promises or utilized for the Event must be protected by the Commission. H. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Promises Revisions. Construction along Shoreline may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. Page 3 of 23 5. Event Layout Diagram. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee of $400.00 health permit/vendor fees, Development Services permit fees, traffic engineering street closure permit fees and parade permit fees, 7. Payment of City-Costs 7.1 Payment of City Costs for services provided A. City agrees to provide the following services for total not to exceed cost of $33,000.00. 1) Stormwater. Cleaning inlets day after parade, not to exceed $2,500.00. 2) Solid Waste: Street cleanup before and after night parade, not to exceed $3,500.00. 3) Parks and Recreation: Deliver and pickup trash receptacles at Festival Event site and night parade and junior parade; assist with cleanup of both parades in downtown tourst area, not to exceed $3,200.00, 4) Street Signs and Services: Deliver and pickup barricades at Festival Event site, night parade, and BBQ/Rodeo event site; construct barricades as needed., not to exceed $800.00 5) Police: Overtime for carnival event not to exceed $23,000.00. These fees are also shown on Exhibit D. B. The Parks Director will invoice the Commission for these costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. C. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. As additional consideration for City services, the Commission will name the City as a sponsor of the Parade and Festival. The city logo will be placed on the sponsor section of the website, the Festival section and the parade section. Four (4) banners will be placed on the fence of the Festival site for its duration, to be provided by the city. The PD will be Page 4 of 23 provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City workforce beginning in Fall of 2014 7.2. Reimbusement for Damages to City property as a result of the Event. A. Damages to City property will be billed at the City's cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water and/ or irrigation lines or related equipment caused by acts of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. B. If the sod at the Premises is damaged, Commis ' sion agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement, C. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within seven (7) days after the Commission has vacated all City property after the end of the Buc Days Festival. Commission will restore all items on the {punchlist within ten (10) days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for direct costs. Commission shall be responsible to replace any turf damage due to the use for these Events. Commission or its agent must fill and compact all holes in grassy areas made during the Event. Parks Director must approve fill material. D. City will provide an itemized bill for reimbursement of the damages, if any, within 30 days after the Event closes. Commission will pay City's invoice for damages, within thirty days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed. .7.3 Late Fee. Commission's. failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City, 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Promises be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Promises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office, Commission's Agent may request additional meetings. 9. Deposit. The Commission must pay a deposit of $2.000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City Page 5 of 23 property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to Commission: Event Manager The Buccaneer Commission, Inc. P.O, Box 30404 Corpus Christi, TX 78463-0404 (361) 884-8331 or 882-3242 FAX (361) 882-5735 11, Temporary Street'Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will,govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Promises maps. 13. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Promises may not be blocked or partially blocked without detour signage and alternate street access 14. Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of'the Event and its related activities. 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Page 6 of 23 Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurances policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Promises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non- exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 77. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ( "Indemnifees ") harmless of, from, and against all claims, demands, actions, damages, lasses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the dart of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon City property to set -up and take -down, hold, attend, or participate in the Buccaneer ,Gays Festival and associated activities, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. Page 7 of 23 These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where lndemnifees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 20. Permits. A. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. B. Fireworks. The Commission is not hosting fireworks for the 2013 Event. C. Music licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 21. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade"), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade"), beginning at a time to be designated by the City Manager, but not later than 6 :00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of !Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi- Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the safe and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, Page 9 of 23 the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. I Stationary vending booths at City - approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City- approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.1 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route between Coopers Alley and Parke Avenue on Shoreline, from the start of the parade until the end of the parade. B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission.. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food designated zone adjacent to their respective boothE Commission may designate the zone, but it will not b( immediate area around each food and beverage bootl immediately after closing the Event each .day. All ti deposited in a trash bag provided by the Commission by the Commission. Commission may hire and wort after the Event. If the Parks Director determines the Parks Director will give Commission's Agent 2 hour; it is still unsatisfactory, Parks Director may authorize u Page 10 of 23 an , d beverage vendors to clean a at regularly scheduled intervals. less than 10 feet by 20 feet in the The clean up will be hourly and ash cleaned up must be properly and taken to a location designated its own clean up crew during and additional clean up is necessary, notice to increase services; and if -6 of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non-exclusive use period after* the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 7 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Promises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. 26. Electrical & Water Services. City does not provide electrical service on the Premises, A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians, Chalk markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and the Commissio arise between them concerning this Lease Agreeme of damage to City property occurring as a result of amount, will be submitted for determination and resoh, a right to appeal to the City Manager. The decisi6 unless that decision is appealed to the City Council the City Secretary within ten (10) days after the writ ' t( been sent to the Commission. In the Event of app( will be final. Upon a resolution of the dispute, either I: result of an appeal, the disputed amount will be cw, within ten (10) calendar days of the resolution. This] the Commission's rights to seek other legal remedies Page 11 of 23 a that any disputes which may ,1h as determining the amount ,ent, or regarding an invoiced rst to the Parks Director, with ie City Manager will be final, ing written notice of appeal to ision of the City Manager has i decision of the City Council !ement of the parties or as the I due and payable to the City Agreement in no way waives i the appeals process, 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Promises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set-off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continu, of any fiscal year of the City, which fiscal year ends on appropriations and budget approval, The City does n required by the City for the provision of services require adopted by future City Councils, said determination be City Council at the time of adoption of each fiscal year I Page 12 of 23 n of any contract after the close y 31 of each year, is subject to epresent that the expenditures � this Lease Agreement will be within the sole discretion of the 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 36. Non-discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six-foot (6) chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A becomes effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the City costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and Page 13 of 23 its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Promises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on _UWAAXA 15 2013. ATTEST: Armando Chapa City Secretary ector 111ate: CITY OF CORPUS CHRISTI Ronald L. Olson City Manager 0 0 =R"Ift la �1 � sr 71 yy - I ri Pat,", Peoples St. T-Head Lawrence St, 7-.Head CD R) R Forma" AvO- CID 7 z 0 Taylor St, 1< (ID CD (D Starr St. CIL = . CID IM CL E* - =r C. CD M F:� ci Peoples St. c C7. u=, (cap St. Pat,", Peoples St. T-Head Lawrence St, 7-.Head CD R) R Forma" AvO- CID C- �5: R r'=-r ff eL Ej 0 CID 1< (ID a — CID 0 CA (A CIL = . CID IM CL E* - =r C. CD M F:� ci c- c C7. u=, (cap CID -(:D, to CL to 0 0 0 w OG tia • tip + —i CID C, =r C— RL *� N S, CL Et 0 -0 !j. CD a = R CID CID 0 CID 0 Et - CID CID CI) Ci ue, "o, , ty It .JG WJvd H lb,% r 1, 1647�,, .IL @ ff--"--q RIM Page 17 of 23 2013 Lease Agreement Event Locations, Dates & Summary Buc Days Festival Scheduled for April 26, 2013 through May 6, 2013 Along Shoreline from parking lot south of former Memorial Coliseum site to park bounded by Kinney Street at Shoreline, excluding Sherill Park. Exclusive use on: April 22, 2013 through May 8, 2013 Mutton Bustin' Mania Scheduled for: April 13, 2013 To be located on parking lot north of former Memorial Coliseum site Exclusive Use on: April 12, 2013 — April 13, 2012 Buc Days Pro Rodeo American Bank Center Arena April 18-April 21, 2013 (Commission shall contract directly with third party arena management company for use of American Bank Center Area.) EXHIBIT C - STREET CLOSURE _ SITE PLAN - SUBJECT: TEMPORARY STREET CLOSURES Traffic Engineering Div. own BUC JAYS BBQ CHALLENGE & RODEO TRUCK TRAILER PARKING Engineering Services Dept. -IR 1) 101 G� Page 19 of 23 BUC DAYS 2013 EXHIBIT D — NOT TO EXCEED FEES FOR THE FOLLOWING CITY DEPARTMENT SERVICES DESCRIBED IN SECTION 7.11A"" Park & Recreation (credit account 343697-1020-12910): Police (Carnival overtime at 50% of cost) Solid Waste Streets signs and services Storm Water TOTAL: 9 $3,500.00 $800.00 t1 M1 $33000.00 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental, (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card-required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for Page 21 of 23 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000,00) per person and three hundred thousand dollars ($300,000,00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38-17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec. 38-7. Health permits required for food and beverage businesses, No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec, 38-17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety, In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety, Page 22 of 23 b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under Subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1, 3- 2- 2004) Page 23 of 23 MR] Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. 0. Box 30404 Corpus Christi, Texas 78401-0401 1=891M In accordance with the Buc Days Short Term 2013 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2013 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, Ronald L. Olson City Manager U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2013 2852 Second Reading for the City Council Meeting of April 23, 2013 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING HEB Grocery Company, LP (Case No. 0313 -02) Change from "RS -6" Single - Family 6 District to "CG -2" General Commercial District (Tract 1) and "CN -1" Neighborhood Commercial District (Tract 2) Property Address: 6810 South Staples Street (FM 2444) CAPTION: Case No. 0313 -02 HEB Grocery Company, LP: A change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District (Tract 1) and the "CN -1" Neighborhood Commercial District (Tract 2), resulting in a change of future land use from low density residential and medium density residential to commercial. The property is described as being a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow commercial and multifamily development. RECOMMENDATION: Planning Commission and Staff Recommendation (March 13, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning that would allow commercial and multifamily uses. The majority of the subject property (Tract 1) would be zoned "CG -2" General Commercial District. A commercial use on the subject property would not have a negative impact on the surrounding properties. The 300 -foot wide portion on the south end would be zoned "CN -1" Neighborhood Commercial District (Tract 2) to help protect future single - family uses located south of the subject property from more intense uses allowed in the "CG -2" District, such as mini - storage, vehicle sales and service, and bars. The Neighborhood Commercial District allows commercial services that primarily benefit surrounding residential areas and provides more protection to surrounding residential areas by prohibiting higher intensity commercial uses and imposing a height restriction of 35 feet. The requested zoning district is consistent with current development trends and existing zoning patterns along South Staples Street (FM 2444). This location will have direct access to South Staples Street (FM 2444), a Primary Arterial Divided Street. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential and low density residential uses. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map, Zoning Report with Attachments, Ordinance with Exhibits ZONING REPORT Case No.: 0313 -02 HTE No. 12- 10000040 Planning Commission Hearing Date: March 13, 2013 Representative: Urban Engineering o Applicant /Owner: HEB Grocery Company, LP an a Legal Description /Location: Being a 21.21 -acre tract of land out of •Q _ •0 Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden c otf o Tracts, located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444). From: "RS -6" Single - Family 6 District a� n To: "CG -2" General Commercial District (Tract 1) and •� Q "CN -1" Neighborhood Commercial District (Tract 2) 0 Q Area: 21.21 acres Purpose of Request: To allow commercial development. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low & Medium Density Residential c "RM -1" Multifamily 1 Vacant & Commercial & North & "CG -2" General Commercial Medium Density Commercial Residential N South "RS -6" Single - Family 6 Vacant Low &Medium Density Residential CD c M East "RM -1" Multifamily 1 Vacant Medium Densit y y Residential w "RS -6" Single - Family 6 & Public Semi - public, Public Semi - public, West "CN -1" Neighborhood Low Density Low Density Commercial Residential & Residential & Commercial Commercial Area Development Plan: The subject property is located in the Southside aArea Development Plan (ADP) and is planned for low density residential and c� 0 medium density residential uses. The proposed change of zoning to the "CG -2" General Commercial District and the "CN -1" Neighborhood a o Commercial District is not consistent with the adopted Future Land Use Plan. Q Map No.: 044032 & 044033 Zoning Violations: None Transportation and Circulation: The subject property has approximately 0 1,145 feet of frontage along South Staples Street (FM 2444), which is an "A3" Major Arterial Divided street. The property also has approximately 770 feet of 0 frontage along Timbergate Drive, which is a "C3" Primary Collector street. The CL applicant submitted a traffic generation comparison plan showing that the peak hour weekday trips would increase by 488 trips per day. The applicant c� was not required to submit a Traffic Impact Analysis because the increase in number of peak hour weekday trips did not exceed 500. Zoning Report Case # 0313 -02 HEB Grocery Company, LP Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on the northern 15.73 acres at the corner of South Staples Street (FM 2444) and Timbergate Drive (Tract 1) and the "CN -1" Neighborhood Commercial District on the 5.48 acres abutting the single - family district to the south (Tract 2) in order to allow future multifamily and commercial uses. Development Plan: The owner plans to rezone the property to allow commercial uses and a multifamily development on the property. The western portion of the property along South Staples Street (FM 2444) will be used for commercial purposes and the eastern portion may be developed with an apartment complex. The property has deed restrictions limiting the type of commercial activity that can occur. Tract 2 is proposed for a less intense commercial district in order to protect future single - family uses south of the property from the incompatible commercial uses allowed in the "CG -2" General Commercial District, such as mini - storage, vehicle sales and service, and bars. The "CN -1" District also limits the height of commercial structures to 35 feet to make them more compatible with single - family structures. A portion of the property is planned for an apartment complex, the majority of which would be constructed within the 15 acres of "RM -1" Multifamily 1 District east of the subject property. Existing Land Uses & Zoning: North of the subject property is a shopping center zoned "CG -2" General Commercial District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is 15 acres of vacant land zoned "RM -1" Multifamily 1 District. West of the subject property across South Staples Street is a single - family subdivision and a church zoned "RS -6" Single - Family 6 District. There is also a self - service storage facility zoned "CN -1 /SP" Neighborhood Commercial with a Special Permit. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use and a low density residential use. However, the proposed rezoning is Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume D S. Staples St. ,A3" Primary Arterial 130' ROW 104' ROW 17,220 (FM 2444) Divided 79' paved 66' paved (2010) L Cn Timbergate "C3" Primary 75' ROW 84' ROW Not Dr. Collector 50' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on the northern 15.73 acres at the corner of South Staples Street (FM 2444) and Timbergate Drive (Tract 1) and the "CN -1" Neighborhood Commercial District on the 5.48 acres abutting the single - family district to the south (Tract 2) in order to allow future multifamily and commercial uses. Development Plan: The owner plans to rezone the property to allow commercial uses and a multifamily development on the property. The western portion of the property along South Staples Street (FM 2444) will be used for commercial purposes and the eastern portion may be developed with an apartment complex. The property has deed restrictions limiting the type of commercial activity that can occur. Tract 2 is proposed for a less intense commercial district in order to protect future single - family uses south of the property from the incompatible commercial uses allowed in the "CG -2" General Commercial District, such as mini - storage, vehicle sales and service, and bars. The "CN -1" District also limits the height of commercial structures to 35 feet to make them more compatible with single - family structures. A portion of the property is planned for an apartment complex, the majority of which would be constructed within the 15 acres of "RM -1" Multifamily 1 District east of the subject property. Existing Land Uses & Zoning: North of the subject property is a shopping center zoned "CG -2" General Commercial District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is 15 acres of vacant land zoned "RM -1" Multifamily 1 District. West of the subject property across South Staples Street is a single - family subdivision and a church zoned "RS -6" Single - Family 6 District. There is also a self - service storage facility zoned "CN -1 /SP" Neighborhood Commercial with a Special Permit. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. AICUZ: The subject property is not located in a Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use and a low density residential use. However, the proposed rezoning is Zoning Report Case # 0313 -02 HEB Grocery Company, LP Page 3 appropriate at this location due to its access to an arterial -type roadway and due to previous changes in the Future Land Use Map. Department Comments: • Although inconsistent with the Future Land Use Plan, a commercial use is suitable for this location along South Staples Street. The Future Land Use Plan is outdated and inconsistent with the recent development and rezonings in this area. • Medium density residential development should be located in areas with convenient access to arterial -type streets. The proposed apartment complex will have convenient access to South Staples Street, an arterial roadway, via Timbergate Drive. • Commercial developments that generate large volumes of traffic should have direct access to arterial -type streets without having to traverse low density residential areas. The proposed commercial development will have direct access to South Staples Street, which is a Primary Arterial Divided street. • The 300 -foot wide "CN -1" District on Tract 2 will help protect future single - family uses located south of the subject property from more intense uses allowed in the "CG -2" District. The Neighborhood Commercial District allows commercial services that primarily benefit surrounding residential areas and provides more protection to surrounding residential areas by prohibiting higher intensity commercial uses and imposing a height restriction of 35 feet. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and would not have a negative impact upon the surrounding neighborhoods. Planning Commission and Staff Recommendation (March 13, 20131 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2. Number of Notices Mailed — 19 within 200' notification area; 8 outside notification area 0 As of March 14, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES\2013 \0313 -02 HEB Grocery Company, LP \0313 -02 Report for CC, HEB Grocery Company, LP.docx MEND LESK/' ESTATES ,P, 6 �105" 1 CRQSSGA,TE ANNEX 131 1032'x` M M M b M M,1_6 c"�-s " b N h ry 2a M X33 a pp 1V"V M " " M " M 1 M_ ARCLAY "GROVE I M A F R A C T ^40 800 Fee RAF CASE: 0313 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIF RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS -4.5 Single - Family 4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition �± SIXTY SIX . UNDRED S S If - 2 ZTA-_ES P "kA ,ZA U'NIT 4' b N 9 15 19 O /RM -1 1SUBJECT /PROPERTY M -1 R'M- 1 -1 Date Created: 2/27 /2013 I Prepared By: jeremym f Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by HEB Grocery Company, LP ( "Owner "), by changing the UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 and the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of HEB Grocery Company, LP ( "Owner") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, April 9, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by HEB Grocery Company, LP ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located on the southeast corner of Timbergate Drive and South Staples Street (FM 2444), from the "RS -6" Single - Family 6 District to the "CG -2" General Commercial District on Tract 1 (northern 15.73 acres) and the "CN -1" Neighborhood Commercial District on Tract 2 (southern 5.48 acres) (Zoning Map Nos. 044032 & 044033), as shown in Exhibits "A," "B," and "C." Exhibit 'A" which is a metes and bounds description of Tract 1, Exhibit "B," which is a metes and bounds description of Tract 2, and Exhibit "C," which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a 21.21 -acre tract of land out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts) and that are in conflict with this ordinance are expressly repealed. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 URBAN ENGINEERING February 13, 2013 Job No. 37698.82.00 State of Texas County of Nueces Fieldnotes for a 15.73 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4I -43, Map Records of Nueces County, Texas; said 15.73 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the southwest boundary of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas, bears South 61 °00'00" East, a distance of 554.91 feet; Thence, South 29000'00" West, a distance of 859.80 feet for the south corner of this tract; Thence, North 61 °04'31" West, a distance of 796.13 feet to a point on the southeast boundary of South Staples Street (F.M. 2444); a public roadway, for the west corner of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 845.85 feet to a point on said southwest boundary of Timbergate Drive, for the north corner of this tract; Thence, South 61 °00'00" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 11.50 feet for a corner of this tract; . Thence, North 73 °58'26" East, continuing along the southwest boundary of said Timbergate Drive, a distance of 21.20 feet for a corner of this tract; Thence, South 61'00'00" East, continuing along said southwest boundary of said Timbergate Drive, a distance of 770.41 feet to the Point of Beginning and containing 15.73 acres (684.980.78 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas. No monumentation found or set at corners, unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engineering BMI WN LEE IM �< ...... /...104PYCG 'j Dan L. Urban, R.P.L.S. _ License No. 4710 (361 QAgU7698W2001fn15.73acre ?.499 SWANTNER DR'. CORPUS CHRISTI,�18ee J� 404 FAX (361)854-6001 www.urbanong.com EX H I BIT A TBPE Firm #145 URBAN ENGINEERING State of Texas County of Nueces February 13, 2013 Job No. 37698.B2.00 Fieldnotes for a 5.48 acre tract of land (not based on an on -the- ground survey) out of Lots 17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a trap of which is recorded in Volume A, Pages 41 -43, Map Records of Nueces County, Texas; said 5.48 acre tract being more fully described by metes and bounds as follows: Commencing at a point on the southwest boundary of Timbergate Drive, a public roadway, for the east corner of this tract, from which the north corner of Lot 1, Block 1, The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas, bears North 29 °00'00" East, a distance of 859.80 feet, South 61 100'00" East, a distance of 554.91 feet; Thence, South 29 °00'00" West, a distance of 300.00 feet for the south corner of this tract; Thence, North 61 10411" West, a distance of 795.86 feet to a point on the southeast boundary of South Staples Street (F.M. 2444), a public roadway, for the west corner of this tract; Thence, North 28 °56'53" East, with said southeast boundary of South Staples Street (F.M. 2444). a distance of 300.00 feet to a point for the north corner of this tract; Thence, South 61 °04'31" East, a distance of 796.13 feet to the Point of Beginning and containing 5.48 acres (238,798.76 square feet) of land. Bearings are based on the recorded plat of The Village at Timbergate Unit 1, a map of which is recorded in Volume 67, Pages 344 -345, Map Records of Nueces County, Texas. No monumentation found or set at corners, unless otherwise noted. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. ,r Urban Engineering 1A Dan L. Urban, R.P.L.S. License No. 4710 ( 361 ^IS e rtg1376981B2fl01rn5.4,,,,, .fig 5 SWANTNER DR. • CORPUS CHRISTI,FXe/� a �4D4 FAX (361)854 -6001 EXHIBIT 6 www,urbanerig,com TBPE Firm #145 r 300.00' 859.80' 52W00 00 1159.80' "Point of Beginning" "Point of Beginning" 5.48 Acres 15.73 Acres � "Point of Commencement " R for 5.48 Across Lot t8, Section 11 Flour Bluff and Encinal Farm and Garden Tracts $ Vol. A, Pgs. 41 -43, Map c Records of Nueces County, Texas 7,5'U.E. (Doc. No. 2009047355, OAN.C.T. (nn 7.5'U. III )uj Ilo I I r I 11Q fl N Lot 19. Section 11 Lot 1, Block 1 The Village at Timbergate Unit 1 Vol. 67. Pgs. 344 -345, Map Records of Nueces County, Texas — 20� — — 10 —, —E.- �r— Spanish Wood Drive Lot 1. Block 3 1 1 Lot 1, Block 2 S I N Stonehenge Drive1Lot 20, Section 11 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas Map to Accompany REWIC7 S for a 5.48 acre ffact of land (not based on an on -the ground survey) out of Lots 17 and 14 Sectlan 11. flour Bluff avrd Enalnal Form and Garden Tracts a map of which Is r I IC3 30' c a LM 2 1=. Lot 8� b\ ` Cr.. V xP����� g A. Lot 7 a. 24 CL Lot 1 S. Section 11 I a C w2 C w E. U �.r m Aa z' Wa a u m 0 U. Lot 13, Section 11 Flour Bluff and Encinal Form and Garden Tracts Vol. A. Pgs. 41 -43. Mapp Records of Nueces County, Texas recorded in Volume �, Pages 4f -� Map Records of Nrrecea Gbunty, URBAN Fexas. fWNOW for a 117J acre Hatt of land (not hosed an an ENGINEERING an- the -ground sunscyj out of Lots 17 and 18 Section 11, Flour 81uff and EI I farm and Gorden Tracts, a map of which Is 2725 Sw�lAll1VER, CORAUS CHhSAy IFXAS 78!04 recorded in ftme A, Pages 41-93, Map Records of Naeoes County, o 04- .1191. Fax' (361)874 -M EXHIBIT C REV: Feb. 15 2013 Feb. DAM ' 2013 , $ JOB NO.: 3769 &82.00 SHMT: 1 of 1 DRAWN BY: XG ig echlbit.dwg, 2/15)2013 13 7:07 PK \\uFbanshs03kEng1n+ . f >t South Staples btreet (F.M. 2444)S81150 EN73'58'2fi "E 300.00' 845.85' 59 a i u'�a Lot. o N to a: w Lot 17, Section 11 ,� I a Flour Bluff and Encinal c� ^ 1 m a Farm and Garden Tracts 1 o. co r" I Re Vol. A. Pgs. 41 -43, Map rds of Nueces County, Texas oo Z` > f �ff Lot 58 o � UZ * ° �I �, Proposed CG -2 g `° M o Sri E " 15.73 Acres w O I • °- ._ ° c°4 9 r 300.00' 859.80' 52W00 00 1159.80' "Point of Beginning" "Point of Beginning" 5.48 Acres 15.73 Acres � "Point of Commencement " R for 5.48 Across Lot t8, Section 11 Flour Bluff and Encinal Farm and Garden Tracts $ Vol. A, Pgs. 41 -43, Map c Records of Nueces County, Texas 7,5'U.E. (Doc. No. 2009047355, OAN.C.T. (nn 7.5'U. III )uj Ilo I I r I 11Q fl N Lot 19. Section 11 Lot 1, Block 1 The Village at Timbergate Unit 1 Vol. 67. Pgs. 344 -345, Map Records of Nueces County, Texas — 20� — — 10 —, —E.- �r— Spanish Wood Drive Lot 1. Block 3 1 1 Lot 1, Block 2 S I N Stonehenge Drive1Lot 20, Section 11 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41 -43, Map Records of Nueces County, Texas Map to Accompany REWIC7 S for a 5.48 acre ffact of land (not based on an on -the ground survey) out of Lots 17 and 14 Sectlan 11. flour Bluff avrd Enalnal Form and Garden Tracts a map of which Is r I IC3 30' c a LM 2 1=. Lot 8� b\ ` Cr.. V xP����� g A. Lot 7 a. 24 CL Lot 1 S. Section 11 I a C w2 C w E. U �.r m Aa z' Wa a u m 0 U. Lot 13, Section 11 Flour Bluff and Encinal Form and Garden Tracts Vol. A. Pgs. 41 -43. Mapp Records of Nueces County, Texas recorded in Volume �, Pages 4f -� Map Records of Nrrecea Gbunty, URBAN Fexas. fWNOW for a 117J acre Hatt of land (not hosed an an ENGINEERING an- the -ground sunscyj out of Lots 17 and 18 Section 11, Flour 81uff and EI I farm and Gorden Tracts, a map of which Is 2725 Sw�lAll1VER, CORAUS CHhSAy IFXAS 78!04 recorded in ftme A, Pages 41-93, Map Records of Naeoes County, o 04- .1191. Fax' (361)874 -M EXHIBIT C REV: Feb. 15 2013 Feb. DAM ' 2013 , $ JOB NO.: 3769 &82.00 SHMT: 1 of 1 DRAWN BY: XG ig echlbit.dwg, 2/15)2013 13 7:07 PK \\uFbanshs03kEng1n+ to AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2013 Second Reading for the City Council Meeting of April 23, 2013 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING -ZONING Sigifredo Montemayor (Case No. 0711 -02) Special Permit Time Extension Property Address: 2217 Flour Bluff Drive CAPTION: Case No. 0711 -02 Sigifredo Montemayor: The applicant is requesting that Zoning Ordinance 029355 be amended by adding a 12 -month time extension to the Special Permit time limit initially approved. PURPOSE: The purpose of this item is to grant a 12 -month time extension for a Special Permit to allow the applicant to construct a storage warehouse. RECOMMENDATION: Planning Commission and Staff Recommendation (March 13, 2012): Approval of the requested Special Permit time extension for an additional 12 months. BACKGROUND AND FINDINGS: The property was rezoned to "CN -1" Neighborhood Commercial District with a Special Permit to allow a storage warehouse and limited outdoor storage for a metal roofing business. The Special Permit expired on January 17, 2013. The current business has existed at this location in a single - family district for a number of years. After a Code Enforcement investigation, the owner rezoned the property to bring it into conformity with the Unified Development Code. The applicant plans to apply for building permits for the construction of a warehouse if the Special Permit time extension is approved. The purpose of the warehouse is for the indoor storage of equipment and materials. ALTERNATIVES: 1. Denial of the requested Special Permit time extension; or 2. Grant more or less time than requested OTHER CONSIDERATIONS: Denial of the time extension will require the owner to relocate the storage of his commercial equipment and materials. CONFORMITY TO CITY POLICY: The proposed Special Permit time extension does not affect the Future Land Use Plan or the Comprehensive Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 0711 -02 Planning Commission Hearing Date: March 13, 2013 c Applicant: Sigifredo Montemayor ° Owners: Edward Montemayor & Mearary Iveth Montemayor c�a E �.L Legal Description /Location: Flour Heights, Block 1, Lot 22, located along the 'Q _ y east side of Flour Bluff Drive and approximately 350 feet north of Purdue Road. CL Q a o Request: Special Permit Time Extension c Q Area: 0.74 Acres c a Purpose of Request: Extend the expiration date of the Special Permit for an N w additional 12 months. Existing Zoning District Existing Land Future Land Use "CN -1 /SP" Neighborhood Commercial & Site Commercial District with a Low Density Commercial ayi Special Permit Residential c N North RS -6 Single - Family 6 District Low Density Low Density Residential Residential 8' c� South "RS -6" Single - Family 6 District Low Density Low Density n Residential Residential w East "RS -6" Single - Family 6 District Low Density Low Density Residential Residential West "CG -2" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Flour Bluff Area c Development Plan (ADP) and is planned for a commercial use. cL Map No.: 037031 a c Zoning Violations: The landowner was cited by code enforcement for an illegal aland use on the property. The Special Permit was granted in order to bring the property into conformity. CL Transportation and Circulation: The subject property has approximately 108 .2 feet of frontage along Flour Bluff Drive, which is an "Al" Minor Arterial Undivided street. The property is located approximately 320 feet north of Purdue Road, ~ C which is a proposed "Cl" Minor Residential Collector street. Urban Proposed Existing Traffic Street Transportation Section Section Volume L O Plan Type (2011) Cn Flour Bluff Dr. "A1" Minor Arterial 95' ROW 88' ROW 14,048 Undivided 64' paved 22' paved (2011) Staff's Summary: Request: The purpose of the request is to extend the time limit of the Special Permit for an additional 12 months. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Department Comments: • The applicant is requesting a time extension for the Special Permit that was issued on January 17, 2012. It has been one year since the approval and there has been no action on the Special Permit. Therefore, a time extension is needed in order for the Special Permit to remain valid. • The original application for a Special Permit was for the continued use of the property as a metal roofing business and contractor's storage yard. The property was previously zoned "RS -6" Single - Family 6 District. Staff recommended denial of the change of zoning to the "IL" Light Industrial District that was requested. • The property was previously in violation of the zoning ordinance. The metal roofing shop was in a residential district which did not allow this type of commercial activity. The Special Permit brings the property into conformity with the Unified Development Code. • The applicant plans to get building permits for the expansion of the commercial business if the Special Permit time extension is approved. Planning Commission and Staff Recommendation (March 13, 20131 Approval of the requested Special Permit time extension for an additional 12 months. Number of Notices Mailed — 15 within 200' notification area; 1 outside notification area 0 As of March 14, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership 2. Special Permit Ordinance 3. Site Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2013 \0711 -02 Montemayor Time Extension \0711 -02 Zoning Report for CC, Montemayor (Special Permit Time Extension Request).doc WE z W. � FzV" MAR& W—A 0 Mi 3 1 h b I RS -6 0 400 CASE: 0711 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject PropeHy O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition 5 2 3 Y 4 AFL E Uhl � 1 07/05/2011 Prepared By: JDM 2 / Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS -6" Single- Family 6 District to the "CN -11SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) conditions, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS -6" Single - Family 6 District to the "CN -11SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single- family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - , "Planning Commission and Staff Recommendation "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "CN -1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN -1" Neighborhood Commercial District. 1 29355 iNDEXED Page 2 of 4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right -of -way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right -of -way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 110 -day of �, 2012. K:1 Lega11S HARE DILEGAL- DEV.SVCS12012 Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend. DWBFinal - Revised 1- 6- 2012.doc Page 3 of 4 ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI <' k a & /� �-Ie � Jo / Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2012 r r eborah Walther Brown Assistant City Attorney For City Attorney K:ILegaI1SHAREDI LEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1- 6- 2012.doc Page 4 of 4 Corpus Christi, Texas 1-141- day of 12012 TO THE ME ERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Joe Add6le Mayor, City of Corpus Christi The above ordinance was passed. by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant EFFECTIVE' DA's 7-3 jj-Z, K:1 LegalI SHAREDILEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc 029355 A R S "�;, ' La R 16 DR C►. I DR , ��R ' - LDR VACIO Q COM'� r LDR LD R 8 ?g p VAC. LDR; 23 7 LQR. 7 LDR 1.8 LDR VAG LDR 17 LDR 6 LDR 25. LDRX LDR 16 dp 2A� AG' 4 3A .: '. C� 4 LDR 1 S LE7R Q. v Off, ;> v .. LDkR LDS VAC; � 2DR LDR, K 1 WN o 400 s ��R 3 DR spa oM went ergpr 3'y gees .... ......... ... CASE::07� =02 { 1 F Exhibit A Planning Corn Staff Reeommendat�onr �ti JEC+ f b�. PROP 's 4 3 1 Q r, From: RS -;ti Single 1Family.6 a H To: " N 1.fSP "' Ne +ghbarhoaa �G:om.mercial a;` "�' with a Special. Permit' _ ra tna i qe No: ' ...... MAP L N DCATfO `' f! J bo -0- oa I,t:q- 4 0 ov t-e Ordinance amending Ordinance No. 029355, upon application by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a 12 -month time extension to the special permit time limit initially approved; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners "), requested, prior to the initial special permit expiration date provided by Ordinance No. 029355, a 12 -month extension of the 12 -month special permit time limit initially approved, therein requesting a total time limit of 24 months; WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Sigifredo Montemayor for an amendment to the time limited stated in the special permit time granted in Ordinance No. 029355; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, April 9, 2013, during a meeting of the City Council, 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, convenience and the general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Sigifredo Montemayor, acting as custodian agent on behalf of Edward Montemayor and Mearary Iveth Montemayor ( "Owners ") to extend the time limit stated in the special permit previously approved in Ordinance No. 029355 and made effective January 23, 2012, Ordinance No. 029355 is amended by adding a 12 -month time extension to the 12 -month special permit time limit initially approved, thus extending the time limit in the approved special permit to a total of 24 months. A copy of the special permit previously approved by Ordinance No. 029355 is attached to this ordinance as Exhibit "A," the provisions of which are incorporated by reference in this ordinance as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of Lot 22, Block 1, Flour Heights, and that are in conflict with this ordinance are expressly repealed. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 Ordinance amending the Unified Development Code (UDC), upon application by Sigifredo Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot 22, from the "RS -6" Single- Family 6 District to the "CN -11SP" Neighborhood Commercial District with a Special Permit and subject to eight (8) conditions, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sigifredo Montemayor, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 20, 2011, during a meeting of the Planning Commission, and on Tuesday, January 10, 2012, 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, 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 UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and approximately 320 feet north of the Purdue Road intersection, from the "RS -6" Single - Family 6 District to the "CN -11SP" Neighborhood Commercial District, subject to eight (8) conditions, resulting in a change of future land use from single- family use to a commercial use with a special permit (Zoning Map 037,031) (Exhibit A - , "Planning Commission and Staff Recommendation "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1. Uses: All uses allowed in the "CN -1" Neighborhood Commercial District, plus the addition of a storage warehouse and limited outdoor storage. 2. Landscaping: Landscaping must be provided in accordance with Article 7.3 of the UDC Landscaping as if new construction in the "CN -1" Neighborhood Commercial District. EXHIBIT A 029355 iNDEXE ; Page 2 of 4 3. Screening: Construction of a solid screening fence along the north, east and south property lines. In addition the existing solid screening fence and gate combination must be maintained along the Flour Bluff Drive right -of -way exposure. 4. Lighting: Any and all outdoor lighting shall be shielded and directed away from adjacent neighboring properties and the Flour Bluff Drive street right -of -way. 5. Dumpsters: No dumpster storage permitted within the existing 20 foot street yard. 6. Hours of Operation: Hours of operation shall be 6 a.m. to 9 p.m. Any and all deliveries must occur within this time frame. 7. Storage: All storage will be inside of a building with a provision to allow for the temporary storage of vehicles, equipment, and associated construction materials outside for a time period not to exceed (24) hours. 8. Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and/or Article 10 of the UDC. 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 110 -day of �, 2012. K:1 Lega11S HARE DILEGAL- DEV.SVCS12012 Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend. DWBFinal - Revised 1- 6- 2012.doc *:4:i1 :11r_I Page 3 of 4 ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI <' k a & /� �-Ie � Jo / Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2012 r r eborah Walther Brown Assistant City Attorney For City Attorney K:ILegaI1SHAREDI LEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinai - Revised 1- 6- 2012.doc i0:N:I1 -.11 _I Page 4 of 4 Corpus Christi, Texas 1-141- day of 12012 TO THE ME ERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, Joe Add6le Mayor, City of Corpus Christi The above ordinance was passed. by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott District 1 Representative is vacant EFFECTIVE' DA's 7.-3 jj—Z, K:1 LegalI SHAREDILEGAL- DEV.SVCS12012Agenda101 -17- 201210711 -02, Sigifredo Montemayor111.29.11 0711 -02 Sigifredo Montemayor (RS -6 to CG -2)- PC Recommend.DWBFinal - Revised 1- 6- 2012.doc EXHI BIT A (29355 LaR 16 DR C►" I DR , ��R ' - LDR VACIO Q COM'� r LDR LD R 8 ?g p VAC. LDR; 23 7 LQR. 7 LDR 1.8 LDR VAG LDR 17 LDR 6 LDR 25. LDRX LDR 16 dp 2A� AG' 4 3A .: '. C� 4 LDR 1 S LE7R Q. v Off, ;> v LDkR LDS VAC; � 2DR LDR, K 1 WN o 400 s ��R 3 DR spa oM went ergpr 3'y gees .... ......... ... CASE::07� =02 { 1 F Exhibit A Planning Carnrn�sslon Staff Reeommendat�onr �ti JEC+ f b�. PROP 's ..3 1 Q r, From: RS -;ti Single 1Family.6 FAR H To: " N 1.fSP "' Ne +ghbarhoaa �G:om.mercial a;` "�' with a Special. Permit' _ ra tna i qe No: ' ...... MAP L N DCATfO `' f! J EXHIBIT A p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of April 9, 2013 1852 Second Reading for the City Council Meeting of April 23, 2013 DATE: March 20, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Garron Dean (Case No. 0712 -01) Change from "RS -6" Single - Family 6 District To "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay Property Address: 4310 Walton Place CAPTION: Case No. 0712 -01 Garron Dean: A change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, resulting in a change of land use from low density residential to medium density residential. The property to be rezoned is described as Lot 8, Block 3, Alameda Estates, located on the north side of Walton Place and east of Robert Drive. PURPOSE: The purpose of this item is to rezone the property to allow a Planned Unit Development of five duplex structures. RECOMMENDATION: Planning Commission and Staff Recommendation (August 29, 2012): Approval of the change of zoning from a "RS -6" Single - Family 6 District to a "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, subject to the following 12 conditions: Development Plan: The Owners shall develop the Property in accordance with the site plan and architectural plan (Exhibits B and C, respectively). The Property may contain up to five duplex structures on one platted lot so long as all of the remaining enumerated conditions are met. 2. Density: The number of dwelling units on the Property cannot exceed 10. 3. Setbacks: The minimum front yard setback must be in accordance with the approved plat. A minimum 10 -foot rear yard and five -foot side yard setback must be provided. 4. Open Space /Building Coverage: Open space must be provided at a minimum of 40% of the site. Building coverage cannot exceed 60% of the site. 5. Height: Buildings on the Property cannot exceed one -story and 20 feet in height. 6. Landscaping: The street yard must be landscaped according to the residential landscaping standards of 30% landscaped area and 0.06 points per square foot of total street yard. Parking within the street yard must be screened with shrubs averaging 24 to 36 inches in mature height within a five -foot wide landscape strip and in accordance with the UDC. 7. Screening: A six -foot solid wood screening fence along the north, east and west property boundary lines must be constructed, maintained, and remain in place. 8. Trash: The Owners shall ensure that no dumpster or community trash bin is placed or located between the public right -of -way line and the facade of the structures located nearest to Walton Place. 9. Lighting: All outdoor lighting must be designed and installed in accordance with the UDC. Security and parking lighting must be shielded and light trespass onto the right -of -way and adjacent properties must be limited to one foot - candle. Light fixtures cannot exceed 15 feet in height. 10. Parking: Each dwelling unit must be provided two parking spaces. A minimum of two guest parking spaces is required to be provided on the Property. 11. Access: Each duplex structure must have access to a private access drive of not less than 24 feet in paved width. The private access drive is required to be striped to indicate "Fire Lane /No Parking" so as to maintain the access drive for emergency vehicles. Additionally, a fire truck turn - around is required on the Property. 12. Time Limit: A complete building permit application must be submitted for the development on the Property within 24 months of the approval date of this ordinance. BACKGROUND AND FINDINGS: The applicant plans to build five, one -story duplex structures for a total of 10 dwelling units on the 0.92 -acre site. The proposed development would have 10.9 dwelling units per acre, which is considered a medium - density residential land use. PUDs allow for increased flexibility in site layout and design. The PUD would commit the developer to a site plan that could not be changed without a public hearing. The PUD would set conditions to create increased compatibility with the adjacent neighborhood. Staff recommends a PUD rather than a multifamily district because the increased requirements of a PUD will control the design of the project and help create better compatibility with the surrounding neighborhood. Staff finds that the proposed rezoning is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. Staff finds that the property to be rezoned is suitable for the proposed uses and the rezoning would not have a negative impact on the surrounding neighborhood. This rezoning is considered controversial with 35.64% of the land area within 200 feet of the rezoning being represented as opposed. This rezoning requires three - fourths of the City Council to approve it. A summary of public comments received is provided in the attachments. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; or 2. Deny the requested rezoning. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the adopted Future Land Use Map, but it meets criteria of the Comprehensive Plan and Southeast Area Development Plan, such as encouraging infill development and locating medium - density residential development with convenient access to an arterial street. Additionally, the proposed rezoning will retain the "RS -6" designation as the property's underlying zoning district should the PUD expire, which will keep the property's zoning district more consistent with the Future Land Use Map. EMERGENCY/ NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES Planning Commission Planning /Environmental Services, Legal, and FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Public Comment Summary Ordinance with Exhibits ZONING REPORT Case No.: 0712 -01 HTE No. 12- 10000018 Planning Commission Hearing Date: August 29, 2012 (Tabled from July 18, 2012) o Applicant /Representative: Garron Dean CL Owners: Jerry Robert Baugh, Jr., Gertrude Baugh, and James Michael Tubbs 'Q 4) '7 Legal Description /Location: Alameda Estates, Block 3, Lot 8, located on the c otf north side of Walton Place and east of Robert Drive. 0 From: "RS -6" Single - Family 6 District �., To: "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development c Overlay .o a 0.92 0.92 acres (40,075 square feet) N Purpose of Request: To allow the construction of five duplex structures on one platted lot. Existing Zoning Existing Land Use Future Land Use District Site "RS -6" Single - Family Vacant Low Density Residential North "RS -6" Single - Family Low Density Low Density Residential Residential N "RS -6" Single - Family & Vacant & Low Low Density c South "ON" Office Density Residential Residential & Professional Office W East "RS -6" Single - Family Low Density Low Density Residential Residential West "RS -4.5" Single - Family Low Density Low Density & "RS -6" Single - Family Residential Residential Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for low density residential uses. cCL c The proposed change in zoning to the "RS -6" District with a Planned Unit Development Overlay (PUD) is not consistent with the adopted Future Land a c Use Map with regards to density. Q Map No.: 043038 & 042038 Zoning Violations: None °a c Transportation and Circulation: The subject property has 132 feet of frontage on Walton Place, a Local Residential Street, and is approximately 110 feet east of Robert Drive, which is a "Cl" Minor Residential Collector. H Zoning Report Case #0712 -01, Garron Dean Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay (PUD) to allow the construction of five duplex structures on a 0.92 -acre platted lot. The "RS -6" District does not allow multi - family development or multiple duplex structures on a single lot. The PUD is being requested because the proposed development will not meet the standards of the "RS -TF" Two - Family District or the "RM -1" Multifamily 1 District and it will afford more compatibility with the single - family neighborhood. Applicant's Development Plan: The applicant plans to build five one -story leasable duplex buildings on a 0.92 -acre site. The number of dwelling units would total 10 for a density of 10.87 dwelling units per acre. The development would be classified as "medium density residential," which ranges from eight to 22 dwelling units per acre. Each dwelling unit is approximately 980 square feet in floor area, with each structure being 1,960 square feet. The proposed buildings would cover approximately 24% of the site. Existing & Future Land Uses: Located to the north, south, east and west of the subject property are single - family houses in the "RS -6" District. To the south of the subject property is a vacant lot zoned "ON" Office District. One single - family lot to the west is zoned "RS -4.5" Single - Family 4.5 District. The area is proposed for "low density residential" uses with the exception of the professional office use to the southwest of the subject property. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed development plan is not consistent with the adopted Future Land Use Map with regards to residential density. The site and majority of adjacent properties are slated for low density residential land use, which is classified as up to eight dwelling units per acre. The developer's proposed density of 10.87 dwelling units per acre is in the bottom of the range for medium density residential land use (8 - 22 dwelling units per acre). Urban Proposed Existing Traffic Street Transportation Section Section Volume O Plan Type (2013) Walton Place Local Residential 50' ROW, 50' ROW, Not Q 28' paved 28' paved Available L C1 Minor 60' ROW, 60' ROW, Robert Drive Residential 40' paved 28' paved 4,982 ADT Collector I Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "RS -6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay (PUD) to allow the construction of five duplex structures on a 0.92 -acre platted lot. The "RS -6" District does not allow multi - family development or multiple duplex structures on a single lot. The PUD is being requested because the proposed development will not meet the standards of the "RS -TF" Two - Family District or the "RM -1" Multifamily 1 District and it will afford more compatibility with the single - family neighborhood. Applicant's Development Plan: The applicant plans to build five one -story leasable duplex buildings on a 0.92 -acre site. The number of dwelling units would total 10 for a density of 10.87 dwelling units per acre. The development would be classified as "medium density residential," which ranges from eight to 22 dwelling units per acre. Each dwelling unit is approximately 980 square feet in floor area, with each structure being 1,960 square feet. The proposed buildings would cover approximately 24% of the site. Existing & Future Land Uses: Located to the north, south, east and west of the subject property are single - family houses in the "RS -6" District. To the south of the subject property is a vacant lot zoned "ON" Office District. One single - family lot to the west is zoned "RS -4.5" Single - Family 4.5 District. The area is proposed for "low density residential" uses with the exception of the professional office use to the southwest of the subject property. AICUZ: The subject property is not located in one of the Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed development plan is not consistent with the adopted Future Land Use Map with regards to residential density. The site and majority of adjacent properties are slated for low density residential land use, which is classified as up to eight dwelling units per acre. The developer's proposed density of 10.87 dwelling units per acre is in the bottom of the range for medium density residential land use (8 - 22 dwelling units per acre). Zoning Report Case #0712 -01, Garron Dean Page 3 The proposed rezoning is consistent with other aspects of the Comprehensive Plan, such as encouraging infill development on vacant tracts within developed areas and encouraging Planned Unit Developments and other creative land planning techniques (Comprehensive Plan, Residential Policy Statements H and L). Plat Status: The subject property is currently platted. Department Comments: • Infill development should be encouraged in the city. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. • Using a PUD would commit the developer to a site plan that could not be changed significantly without a public hearing and the PUD would establish conditions to create increased compatibility with the adjacent neighborhood. • Staff recommends against a rezoning to a multifamily district that permits multifamily uses by -right and instead recommends a PUD in order to control the design requirements and create compatibility with the surrounding single - family neighborhood while allowing infill development. • The proposed PUD maintains the "RS -6" District as the base zone, which provides more consistency with the Future Land Use Map. Planning Commission and Staff Recommendation (August 29, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "RS- 6 /PUD" Single - Family 6 District with a Planned Unit Development Overlay, subject to the following 12 conditions: Development Plan: The Owners shall develop the Property in accordance with the site plan and architectural plan (Exhibits B and C, respectively). The Property may contain up to five duplex structures on one platted lot so long as all of the remaining enumerated conditions are met. 2. Density: The number of dwelling units on the Property cannot exceed 10. 3. Setbacks: The minimum front yard setback must be in accordance with the approved plat. A minimum 10 -foot rear yard and five -foot side yard setback must be provided. 4. Open Space /Building Coverage: Open space must be provided at a minimum of 40% of the site. Building coverage cannot exceed 60% of the site. 5. Height: Buildings on the Property cannot exceed one -story and 20 feet in height. 6. Landscaping: The street yard must be landscaped according to the residential landscaping standards of 30% landscaped area and 0.06 points per square foot of total street yard. Parking within the street yard must be screened with shrubs averaging 24 to 36 inches in mature height within a five -foot wide landscape strip and in accordance with the UDC. Zoning Report Case #0712 -01, Garron Dean Page 4 7. Screening: A six -foot solid wood screening fence along the north, east and west property boundary lines must be constructed, maintained, and remain in place. 8. Trash: The Owners shall ensure that no dumpster or community trash bin is placed or located between the public right -of -way line and the facade of the structures located nearest to Walton Place. 9. Lighting: All outdoor lighting must be designed and installed in accordance with the UDC. Security and parking lighting must be shielded and light trespass onto the right -of -way and adjacent properties must be limited to one foot - candle. Light fixtures cannot exceed 15 feet in height. 10. Parking: Each dwelling unit must be provided two parking spaces. A minimum of two guest parking spaces is required to be provided on the Property. 11. Access: Each duplex structure must have access to a private access drive of not less than 24 feet in paved width. The private access drive is required to be striped to indicate "Fire Lane /No Parking" so as to maintain the access drive for emergency vehicles. Additionally, a fire truck turn - around is required on the Property. 12. Time Limit: A complete building permit application must be submitted for the development on the Property within 24 months of the approval date of this ordinance. c Number of Notices Mailed — 36 within 200' notification area; 1 outside C notification area c>s As of March 20, 2013: zIn Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 16 (inside notification area); 1 (outside notification area) a For 35.64% in opposition. This case requires 3/4 vote. Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Site Plan 3. Architectural Plan & Dwelling Unit Floor Layout 8 13 Is 8 IL Light Industrial RM -2 O 7 6 14 7 6 ABERDEEN' Multifamily 3 Nr 1 �` 5 Professional Office RS -10 Single - Family 10 4 4 CN -1 Neighborhood Commercial Q Neighborhood Commercial RS -TF Two - Family 17 Q? 16 15 3 7 3 21 O 14ALA�;-EDA ESTATE g3 6 © FLOUR BLUFF & ENc J 13 General Commercial RS -TH Townhouse CG -2 E</ 1 12 9 Cl Intensive Commercial 2 3 11 10 3 4 5 8 RMH Manufactured Home 4 5 0 2 18 4 1 =5 1 9 FR Farm Rural 11 H 7 1 �rf LAM6E EST A E 26 19 — 1G 362 3 6 Business Park 2 © ,Q 8 3 9 1— 3� 20 29, 5 1 4 ��' 13 8 1® 27 3 X25\ 15 5 A 4 39B 21 A EDA 5 63 ST�iT E S 14 26 7 0 28 1 13 8 9 C 7 8 9 32 10 14 ��� - � 7C —24 9 12 1 GN -i �� 22 10 11 AMEDA ESTS 34 — 5 SUBJECT 7D 6206A ELDDN2C PROPERTY s RCL 1 TOWN AND GAUNTRY G 9 10 5 8 4A 7 �A �� 8 ALA A A TAT10; 2 �� 5A 1oB 1►7 1 -C 6 CG -2 CN =a 11 1 -B 12D 1 -A -1 1 oC 12C 1 -A -2 Q a Y� 12A 0 0 12B 4!/' ALAM'ED ENTER #3: RS -6 7A ALAMEDA CE TER 0 1 400 800 61191201'2 Prepare d,py. jeregyrn Fe &tnn c n •v,.r c o Department ofDeveloomentServces CASE: 0712 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition [a PU G. z cY 7, T 7'7'7� R7 , U #�7 X, Z� I M PU G. � 11 .. \ \ IT � ! � 2 f � < / /� /� 2 \\ °7 :- .� � COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0712 -01 Name: Garron Dean 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: 36 Favor: 0 Opposition: 16 #3 Karen Creekmore (421 Robert): Loss of privacy, construction of fences, bright lights flooding onto adjacent property, noise, crime, traffic, property value, tenant turnover. #5 & #30 Raymond Summy (4330 Walton Place): Doubles the population of the street, property value, had life threatened by Mr. Dean's tenant before, crime. # 11 Larry Conley (418 Robert): Density would be too high for neighborhood. #14 Steven Garcia (429 Roberts): More noise on block, effect on property value. #20 Alison Horton (4305 Amherst): Density and property value. #21 Helen Dobbs (4815 Ocean Dr.): Degradation of neighborhood, problems associated with apartments. #22 Cynthia Garcia (2402 Lofty Falls): High density, noise. #23 Judy Dobbs (7507 Olympia): Property taxes. #26 Danny Conley (418 Robert): Increase in crime. #32 Kenny Amado (4237 Junior Terrrace): High population density, reduction in quality of life, tenant turnover. #34 Bridget Horan (433 Robert): Traffic, tenant turnover, noise, double population of street. II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 1 Outside: Mr. & Mrs. Robert Amis (4333 Walton Place): Keep neighborhood quiet and peaceful. Ordinance amending the Unified Development Code ( "UDC ") upon application by Garron Dean, acting as agent on behalf of James Michael Tubbs, Donna Marie Baugh, as administrator for the estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), by changing the UDC Zoning Map in reference to Lot 8, Block 3, Alameda Estates, from the "RS -6" Single - Family 6 District to an "RS- 61PUD" Single - Family 6 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final reports and recommendations regarding the application of Garron Dean, acting as agent on behalf of James Michael Tubbs, Donna Marie Baugh, as administrator for the estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, and August 29, 2412, during meetings of the Planning Commission, and on Tuesday, April 9, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Garron Dean, acting as agent on behalf of James Michael Tubbs, Donna Marie Baugh, as administrator for the estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 8, Block 3, Alameda Estates (the "Property "), located on the north side of Walton Place and east of Robert Drive, from the "RS -6" Single - Family 6 District to the "RS- 61PUD" Single - Family 6 District with a Planned Unit Development Overlay, subject to 12 conditions (Zoning Map Nos. 043038 & 042038), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a location map pertaining to the Property, Exhibit B, which is the site plan pertaining to the Property, and Exhibit C, which is the architectural plan pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following 12 conditions: Development Plan: The Owners shall develop the Property in accordance with the site plan and architectural plan (Exhibits B and C, respectively). The Property may contain up to five duplex structures on one platted lot so long as all of the remaining enumerated conditions are met. 2. Density: The number of dwelling units on the Property cannot exceed 10. 3. Setbacks. The minimum front yard setback must be in accordance with the approved plat. A minimum 10 -foot rear yard and five -foot side yard setback must be provided. 4. Open Space /Building Coverage. Open space must be provided at a minimum of 40% of the site. Building coverage cannot exceed 60% of the site. 5. Height: Buildings on the Property cannot exceed one -story and 20 feet in height. 6. Landscaping: The street yard must be landscaped according to the residential landscaping standards of 30% landscaped area and 0.06 points per square foot of total street yard. Parking within the street yard must be screened with shrubs averaging 24 to 36 inches in mature height within a five - foot wide landscape strip and in accordance with the UDC. 7. Screening: A six -foot solid wood screening fence along the north, east and west property boundary lines must be constructed, maintained, and remain in place. 8. Trash: The Owners shall ensure that no dumpster or community trash bin is placed or located between the public right -of -way line and the facade of the structures located nearest to Walton Place. 9. Lighting: All outdoor lighting must be designed and installed in accordance with the UDC. Security and parking lighting must be shielded and light trespass onto the right -of -way and adjacent properties must be limited to one foot - candle. Light fixtures cannot exceed 15 feet in height. 10. Parking: Each dwelling unit must be provided two parking spaces. A minimum of two guest parking spaces is required to be provided on the Property. 11. Access: Each duplex structure must have access to a private access drive of not less than 24 feet in paved width. The private access drive is required to be striped to indicate "Fire Lane /No Parking" so as to maintain the access drive for emergency vehicles. Additionally, a fire truck turn - around is required on the Property. 12. Time Limit: A complete building permit application must be submitted for the development on the Property within 24 months of the approval date of this ordinance. Garron Dean RS6 to RS6 wPUD vFinal 20130326 Page 2 of 4 SECTION 3. The official UDC Zoning Map of the City is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time and except as changed by this ordinance, both remain in full force and effect. SECTION S. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lot 8, Block 3, Alameda Estates) and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Garron Dean R56 to RS6 wPUD vFinal 20130326 Page 3 of 4 PASSED AND APPROVED this the day of , 2a ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Carron Dean RS6 to RS6 wPUD vFina1201303 26 Page 4 of 4 8 Is 8 13 7 7 6 14 6 1 �` 5 Nr 4 Q17 O 3 2� 4 3 7 Q? 16 15 © 14 �A DA ESTATE 8 3 6 -E 1p 1 12 9 2 3 11 10 3 4 5 4 O1 2 ✓f 5 6 1 ABERDEEN' X%,el // 1 RS-10 I FLOUR BLUFF & ENG \ / / /�ALAM'ED ;: ENTER #3 RS-6 7A AL ME D E/ TER 619 /2012 0 1 400 L.FetnA 0 Prepared,8y: �eremym c n •v,.r c o � Department of DevelopmentServ� es CASE: 0712 -01 1. SUBJECT PROPERTY Subject Property EXHIBIT A � l C n y r� u Sic 4 1 4I ml I { � � I S FA L Sic 4 1 4I ml I 0 0 CD a C: EXHIBIT C r7 - R: E- r- IT, ---------- - Ff ry e� 0 0 CD a C: EXHIBIT C DATE: March 29, 2013 TO: Ronald L. Olson, City Manager Professional services contract for database survey to collect data for street maintenance fee CAPTION: Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $202,500. PURPOSE: This item is an Agreement for third party resources to perform a survey of the non - residential properties within the City in order to more specifically identify land use to be used in assigning trip factors for the Street Maintenance Fee. BACKGROUND AND FINDINGS: During the February 26, 2013 City Council meeting, Council members expressed an interest in City staff performing a survey in order to more specifically assign the land use for trip factor determination. This Agreement provides the service of performing the survey and assigning a trip factor based on direction provided by staff and the Trip Factor Index referenced in the Ordinance establishing rates, policies, and methodologies presented to Council on March 19, 2013 as may be modified subsequently. ALTERNATIVES: Council may choose not to approve the Agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Agreement follows all appropriate policy. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Operations. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $ 202,500 $ -0- $ 202,500 Encumbered / Expended Amount $ -0- $ -0- $ 0 This item 1 1 $ 202,500 1 $ -0- $ 202,500 BALANCE 1 1 $ -0- $ -0- $ -0- Fund(s): 530000 - 1041 -12415 Comments: None "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends approval of the Agreement. LIST OF SUPPORTING DOCUMENTS: None. AGREEMENT For Professional Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee, and HDR ENGINEERING, INC , acting through its duly authorized representative who is Carl E. Crull, P.E., Vice President (CONSULTANT), which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Street Maintenance Fee Data Base Assistance "Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as 'Exhibit A". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $202,500.00. 4, INDEMNIFICATION AND HOLD HARMLESS. The consultant agrees to indemnify, save harmless, and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B", S. INVOICE, "CONSULTANT" shall submit invoices for the PROJECT in accordance with the accompanying Sample attached as "Exhibit C". "CONSULTANT" will submit monthly invoice statements for services rendered. "CITY" will make prompt monthly payments in response to "CONSULTANT" monthly estimates. CITY OF CORPUS CHRISTI Oscar R. Martinez (Date) Assistant City Manager ATTEST: Armando Chapa, City Secretary APPROVED AS TO FORM: Operating Department (Date) Legal Department (Date) Project Number: Funding Source: Encumbrance Number: HDR ENGI EERING, INr. �_:: 77,"� Carl E. Crul I P.E., Vice President (Date) 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office (361) 696-3385 Fax 4 Mardi 28,2013 P81746 Mr. Oscar Martinez Assistant City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, 'Texas 78469 Pte: Street Maintenance Fee Data Base Assistance (Second Amended Proposal) Dear Mr. Martinez: HIT. Engineering is pleased to continue its assistance in the development of the data base associated with the Street Maintenance Fee, finder the current proposed fee calculation, commercial businesses would be assigned n trip factor of 4.6 which is the median of the'ITE trip factors for commercial uses.and industrial businesses would be assigned a trip factor of 0.48. Based on conversations with City staff, HDR's assistance is needed to further assign trip factors specific -to the land use for the coon- nercial and industrial property categories. The existing data bases of the City and Ilueees County Appraisal District do not assign specific land uses, only= general categories of `commercial' or 'industrial', Some properties may be incorrectly assigned the cosnntercial or industrial code. In order to assign trip factors specific to the use, it will be necessary to visually review the properties in the field and assign a land' use code within the data base. It is estimated that there are 18,000 lines within the data base to be evaluated. Many properties will have multiple lines. HDR's scope and fee for services related to enhancing the City data base to .include specific land uses is outlined below as'well as the City's responsibilities, Scope a of Scl- vices• 11DR will Provide temporary staff to field review the properties currently classified as `commercial' or `industrial' in the city provided'data base and assign a land use code from the Trip Factor Indcx list (enclosed). HDR will coordinate with City staff development of the survey form, said form to include information identifying criteria against which trip factor was determined. Data collected will include visible business nanie(s), vacant/occupied status,'structural notes such as demolished building, etc. In the event the assignment of n trip factor code by field,persoin7el is in question, a digital picture of the business will be taken. HDR office staff in consultation with City staff will review the digital picture and assign a trip factor code for that business. HDH Engineering, Inc. 558 N iCarancahua Phone: (351) 896 -3390 Texas Registered Engineering Firm F -754 Suite 1590 Fax: (381) 595 -3385 Corpus Christi,TX78401.085D =m.hdrinc.ccm Mr. Oscar Martitiez March 28, 2013 Page 2 Enter the Trip Factor codes collected by field persom'iel into the City's Street Maintenance Pee Excel data. base as directed by !City staff. HDR will not perform any service associated with water meter verification. o Provide management and oversight of the field data collection and data entry. City will 9 Provide four city employees to assist in the field review of properties currently classified as `commercial' or `industrial' in the City provided data base and assign a land use code. City will be responsible for providing transportation and equipment for these personnel o Provide the data base sorted by zip code, street name and street number. 0 Assist in providing training for field persomiel. Time of Completion: The es;tinlated time of completion for tasks covered under this contract is M days. Should it appear that the time of completion �vvill be exceeded, HDR will notify the City and mutually agreed adjustment made. Estimated Fee: This agreement initially authorizes a maximum fee NOT TO EXCEED $202,500.00 for services from authorization for a period of 30 days. 'H 3R will, not incur expenses beyond the maximum amount' authorized without prior authorization and amendment of this agreement. The table below presents the HDR staff classifications that are anticipated to be involved with this project and their hourly rate. They will be supported by other HDR staff as needed. HDR will invoice for other employees at direct salary times a multiplier of 3.5. Direct expenses such as mileage, supplies, -and equipment will be billed at cost plus 15 %. EMPL+OtiYEE CLASSII+ICATION HOURLY RATE Field. Data Collector (Temporary Staff) $35.00 Data Entry (Administrative Assistant) $80.75 Project Management $295.00 QA/QC and Project Controls $95.00 If this agreement and terms and conditions are acceptable, please prepare the necessary Agreement for Professional Services for City Council Approval. The City' Council's approval of the Agreement will constitute a Notice to Proceed with the,work, HOR,Engineering, Inc. Texas Registered Engineering Firm F -754 Mr, Oscar Martinez March 28, 2013 Pap 3 Should you deed additional information regarding this proposal, please contact Mr. Crull at 361 - 696 -3326 at your convenience., Sineerely, HDRENGINEERING, INC, Carp E. Crull, P.E. Vice President cc. Valerie Gray, City Director of Storm 'Water and Street Operations HRR Engineering, Inc. Texas Registered Engineering Firm F -754 I IF Exhibit IS Mandatory Requirements (Revised November, 2005) LWWAUNADOM. 2, For non-professional services, Consultant agrees to Indemnify, save harmless and defend the City of Corpus Christi, and Its Ogents, servants, and employees, and each of them against and hold It and them harmless from any and all lawsuits, claims, demands, liabilities,, losses and expenses, Including court costs and attorney fees, for or on account of any Injury to any person, or any death at any time resulting from such Injury, or any damage to a ny property, which may arise or Which may be alleged to have arisen out of or In connection with the work covered by this contract, for professional services, Consultant agrees to Indemnify, save harmless and defend the City of Corpus Christi, and Its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, Including court costs and attorney fees, for or on account of any Injury to any person,, or any death at any time resulting from such Injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions In the performance of professional services under this contract, The foregoing Indemnity shall apply except If such Injury, death or damage Is caused by the sole or concurrent negligence of the City of Corpus Christi, Its agents, servants or employees or any other person Indemnified hereunder. EXHIBIT "B" Paw 1 of I HAHOMEV4flyMPNT'jfff41SMALL At (12-04)kSmALL EXHISIT 0,HDR INDEMNHY.000 4 ,0 tr 50 CE 0 CL t -E 0 C) C E E 0 0 0 LO 0 LO a r: 1� > Frw 0 N 00000 au) 8 0 to a. U9 0 r- 0 Ui U3 LU va U- 0 0 0 C) 0 6% 0 u LD P- LU C%, w 0660 te z z te U) LLI .2 0 :07 LO a I'. to (L . cl) 2 C4 pi 0 (0 cy) 'o 4) C) C) 0 0 0 LO 0 LO a r: 1� > 0 N 00000 au) 8 0 to U9 0 r- rz Ui U3 va U- 0 0 0 C) 0 6% 0 u LD P- 64 w ao) W LL CL c U) O 0 g LO t� I'. to C-4 cl) C4 pi ca (0 cy) 'o m < U- c (n m c 0 g 64 .2 t; ti) 0 LO b N 0 N E ch CL 0 -0 00 0 C) 0 ca C) 0 a 0 0 an 0 U) 3: FL 0 in co to T co , .000000 4) 00000 v 0 0 to LO 0 a C4 o as \ 4F'g o 0000000 0 0 N q�lwI L =j gl il,lw il.mr, 0- W- ME 000 C) (D Lfi Iq Irl T- ta VIV 00 C) r- U) W) 0) N F« 0 0 1- r- Lr) N w co T-- r: Cq 61/ &), C) o 0 0 C14 04 0 r T.- 1-: CST 6vy bc� 0 0 0 C) 0 0 q ql (6 N co 0 1 (00 b V. Gr Ui U3 va U- ? U) u c w ao) W LL CL c U) o LL U) (D ca (0 cy) 'o m < U- c (n m c 0 g .2 t; m 5 < b -6 E ch CL 0 -0 c o U) :0 0 an 0 U) 3: FL 0 in co to T co , b V. Gr DATE (M.WDDNWY) '' .. CERTIFICATE OF LIABILITY IN aU RANCE WUNM, inl1012012 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED; the policy(les) (must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A sta(g(nent on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Lockton Companies, LLC -1 Kansas City ..... 444 W. 47th Street, Suite 900 P o Kansas City MO 64112 -1906 AIC N E-MAIL (816) 960-9000 ass' Y -_- INSURERW AFF RDING COVERAGE NAIC 6/]/2012 IN$UR §R A. Hartford fire Insurance Company 19682 INSURED HDR ENGINEERING, INC.. 11113472 INsuRER a: St, Paul Fite and Marine Insurance company '$ 1,000,000 8404 INDIAN HILLS DRIVE INSURER C, Sentinel Itl$urattce GGitl aD Ltd. 11000 OMAHA A 68114 -4049 INsuR R 0: Zurich American Insurance Company 16535 INSU1�It DAMAGE TO RENTED PREMISES EaacMnsncs} MEO EXP rMrn IN 1p2ERF; - -- CLAIMS -MADE OCGUI1 COVERAGES 14DRIN01 SA CERTIFICATE NUMBER- 12051254 RFVISIAN NLIMRFR! XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R LTR TYPE OF INSURANCE D_ POLICY NUMBER POLICY E.FF I,IMlDG ppp�iLICY EXP L641RI LIMITS A GENERAL LIABILITY Y Y 37CSEQU0950 6/]/2012 611/2013 RENGE '$ 1,000,000 - .�i MMERGIALGEN!•_. UiY DAMAGE TO RENTED PREMISES EaacMnsncs} MEO EXP rMrn CLAIMS -MADE OCGUI1 PERSONAL sADV INJURY $ 1,000,000 X COntraClual Liall. GENERAL AGGREGATE $ GENIL AGGREGATE LIMIT APPLIES PER; PROD s-- compiopAGO 1 2 POLICY N x PRO- X LOC $ q A AUTOMOBILE LIABILITY Y Y 37CSE U0951 (ADS) 37CSE L10952 (HI) 6/112012 6/112012 &If2013 6112013 UMOIklenl A X ANYAiITO 37MCPU1160(MA) 61112,012 61112013 BODILY INJURY (Per Pte) $ XXXUXX BODILY INJURY Perocradent S AUTOS LO NED SCHEDULED AUTOS PROPERTY DAMAGE IL $ X ry VXXXXr X HiREO AUTOS N NON -OWNED AUTOS $ XXXXJCXX B X I UMBRELLA LIAR i{ OCCUR N N ZUP- IOR64084 -12 -NF 611/2012 61112013 EACHGCCURRENGE $ 1000000 EXCESS LIAR CLAIMS•MAGE (EXCLUDES PROF. LIAR) AGGREGATE 1!0001000 DED I X I RETENTION$ $0 s =Xxxx C WORHERS COtdPENSATIDN AND EMPLOYERS LIAWLITY + � 91WEOHI000 71112012 71112013 T XYLIMITS J ER 'TOR', YIN AWPROPRIETORlPARTNERIEXECUTi" E.L. EACH ACCIDENT '$ j ,00 FI e"EMBER EXCLUDEDi ® OFandat"InNH) NIA (M E.L. DISEASE -EA EMPLOYEE $ 1,000,000 II yyes, daxrbQ under E.L. DISEASE - POLIGYLIMIT $ DESCRIPTISNOF OPERATIONS below D ARCHS & ENDS N N FOC9260026 -05 6/1/2012 61112013 PER CLAIM; $1,000,000. AGO: PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 109, Add €llona6 Remarks Schaduls, If mare space Is mclulred) RE: ENGINEERING SERVICES - THE CITY OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO ON A PRIMARY, NON - CONTRIBUTORY BASIS, AS PER WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 12051 254 AUTHORIZED REPRESIRSTAT CITY OF CORPUS CHRISTI CONTRACT ADMINISTRATOR ATTN: DEPARTMENT OF ENGINEERING SERVICES P,1}, BOX 9277 CORPUS CHRISTI TX 78469 -9277 ACORD 25 (2010105) The ACORD name and logo are reglalered marks of ACORG 1968 -2010 CORPORATION. All rights reserved nSUITLILk NUMUR 10BF1SSfGNEDM-L-M- PURCIIASINO DIVISION City of CITY 01" CORPUS CHRIST] Corps, Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firths seeking w do business with the Cite rovide the following information. Every liestion must be answered, If the question is not "app Picable. answer %vilh "NA". See reverse side I'm Filing Requirements. Certifications and definitiorts. CONVANN'NAINIE: 11. 0. BOX: 111DI2 Engineering, Inc. STREET ADDRESS: 555 N. Cal-ancalmil, Sidle 1650 CITY: Corpus Christi Z1111. FIRM IS: L Corporation X 2. Pa Inership 3, Sole Owner El 4, Association ❑ S. otlici. H DISCLOSURE QUESTIONS If additional space is necessary please use the reverse side of this page ora"ach separate sheet. 1. State the names of each "eIilployec of the City of Corpus C11-isti havmi an -ownership interest" constituting 3% or more of ownershipi in the above named "firm.' Name JobTitle and City Department (il'known) NIA 2. State the names of each -oft icial" ol'the City of ( "Ir l e is Christi having in "ownership inicrest" constituting 31114 or more of the ownership in- the al)mIl, named "firm," Name "Title N/A 3. State the names of etch -board member "" of the Cit\ olTorpus Christi having an --ownership interest" constituting 31% or more of the. ownership iii the above named '`firm. " Name Board,, Commission or Committee N/A 4. State the names of each emplovee or officer ot'a -consultant" for tile City of Corpus Christi who worked on ,in), 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." Name Consultant N/A 78478 FILING RI QUIREME.NTs if person 11'110 requests official action oil a matter knows that the requested action Will confer an economic benefit on may City Official or employce that is distinguishable from the efrect that tile action will have on members of file public in general Or it SUbstallfial segment thcreor, voll shall disclose Iliat fact in a signed wrifin to tile City official, employce 'or body that has been requested to act in the matier, unless tfle interest of tile City official "Or emPloyee, in the matter is imparent. The disclosure shall also be made in a signed 'writing file([ with the 01N Secretary. P-thics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and COMO WR Of the (late of this slatemem, that I have not knowingly withheld disclosure of any information requested-, and that supplemental statements will be promptly submitted to the Cit5? of Corpus Christi. Texas its changes occur, Certifying Person: Carl E. Crull, P. E. Title: Vice President IType a r Prim) signature or Certify ing Date: Person: DEFINITIONS a. "Board member.- A member of auty board, commission, or commitice appointed by file City Council of' tile City of Corpus Christi, ,exas. 1). "Economic benefit". Ail action 11111 is likely to affect an ecollorilic interest if' it is likely to have an effect on that interest that is distinguishable fi-olli its effect oil membel'S of* the public its gencril Ora substantial segment thercol'. c. "Employee." Ali), person employed by the City of Corpus Christi. Texas either oil a full or part-time basis, bill not as nit independent contractor. (1, "Firm." Any entity operated ror economic gain. %V11011CY prOfCSSiOnal. iffilListrial 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 v person, partnership, corporation,joint stock company,joint ven(ure, receivership or trust, all(] entities which for purposes of taxation are trwated as icon - profit orgalliz,,11jolls. e. "Official." The Nlayor, members of file City Council, City IManager, Deputy Of), Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. 17. "Ownership Interest." Legal or equitable interest, whellier actually or constructively field, in a firm, including when sticli interest is held through all agent, irost, estate. or holding entity. "ConstrucHvely held" refers to holdings or control established through voting trusts, proxies, or special terms of'venture or partnership agrecmcnts.'* g. "'Consultant." Any person or firill, such as engineers and architects, hired by flic City of Corpus Christi for the purpose ol'professional consultation and recommendation. 0 AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of April 9, 2013 852 Second Reading Ordinance for the City Council Meeting of April 23, 2013 DATE: March 20, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Type A Grant for Texas A &M University- Corpus Christi CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. PURPOSE: TAMU -CC will submit an application to the FAA to locate an FAA Center in Corpus Christi. BACKGROUND AND FINDINGS: The FAA will designate six UAS test sites in 2013 for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace. It is critical for Texas to compete successfully for this designation in order to reap its share of UAS national industrial development and economic growth estimated at 150,000 jobs and $8 billion annually by 2020. Texas is proposing a statewide test site that will be comprised of five test ranges, with the principal range and command center located in Corpus Christi. In -depth consultation with former FAA senior executives indicates that, properly developed into a coordinated system, Texas, and Corpus Christi in particular, are ideal for the type of testing, evaluation and policy development required by the FAA to meet its congressionally mandated goal of integrating all classes of UAS into U.S. national airspace over the next 10 to 15 years. Texas A &M University — Corpus Christi is the lead entity preparing to submit a bid for one of these test sites. The cost of securing and preparing the bid to the University could be as high as $600,000. This cost is being matched by in -kind and in -cash contributions from the Texas Engineering Experiment Station and the lead systems integrator on the project, Camber Inc. Given its role as lead test range and command center for Texas, if Corpus Christi reaps just 2 percent of economic activity projected for the UAS national market, more than 300 well - paying jobs will be created by private- sector investment in UAS manufacturing and technology research and development. Texas A &M University — Corpus Christi will, moreover, increase its capacities for UAS - related research funding from public and private sources. Students at all levels will benefit from this upgrade as they prepare for careers related to UAS industries, from high -tech maintenance bays to research labs and advanced flight- testing. In all likelihood, UAS industrial development in Texas, spawned by UAS integration test ranges, will lead to long -term — and, to date, unimagined — economic and educational benefits, much of it in the Corpus Christi area. Type A funds may be granted for start -up costs for research centers. The statute also allows the Type A Board to approve grants that will increase economic development. ALTERNATIVES: OTHER CONSIDERATIONS: This is a competitive process. Corpus Christi may not be selected. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 600,0001 1 600,000 BALANCE 1 600,0001 1 600,000 Fund(s): Type A RECOMMENDATION: Staff recommends approval of the Type A Grant to TAM U-CC for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace LIST OF SUPPORTING DOCUMENTS: Type A Agreement Business Service Agreement BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRIST[ BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A&M UNIVERSITY — CORPUS CHRISTI This Business Incentive Agreement for ("Agreement") is entered into between the Corpus Christi Business and job Development Corporation ("Corporation") and Texas A&M University - - Corpus Christi, a Texas institution of higher education ("TAM U-CC") WHEREAS, the Texas Legislature in Section 4A of Article; 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979:), now codified as Subtitle C!, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one4ghth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 1 2003, to be administered by the Corpus Chnsti Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes to assist small and start-up companies carries the heading "Business Development/] ncubation; " WHEREAS, the Board of Directors of the Corporation ("Board • September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 20091- WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation', WHEREAS, the Federal Aviation Administration (FAA) has proposed to designate six regional test sites for the purpose of developing technologies, policies and procedures that will safely integrate unmanned aerial systems UAS into the national airspace that would be located in Texas-, WHEREAS, it is critical for Texas to compete successfully for this designation in order to reap its share of UAS national industrial development and economic growth estimated at 150,000 jobs and $8 billion annually by 2020; I * " 0 *so 0 Z I - all a LIVIM2411--mal 2 so- �J!A some A 1110A =4 2040115 AIM W-W, cost is being matched by in-kind and in-cash contributions from the Texas Engineeri%c Experiment Station and the lead systems integrator on the project, Camber Inc., [in Lig-ka I I I L�A E I a I* EI I I U� I it I'l WHEREAS, TAMU-CC will increase its capacities for UAS-related research funding from publi# and private sources; WHEREAS, TAMU-CC students at all levels will benefit from this upgrade as they prepare for careers related to UAS industries, from high4ech maintenance bays to research labs and advanced flight-testi'ng. WHEREAS, on March 18, 2013 the Board determined that it Is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TAMU-CC, through this Agreement with TAMU-CC, to be used by TA;MU-CC to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will: safely integrate UAS into the national airspace; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. F � I 'Jiffily-Tr i[alIE!Ill�l�l�����4l���li�llill"sl��fflill;'!-3i-it� �9� 11=1 I IF III I! FIRIF11111 IIIIN 1111 1115! INIT! p 111 �! 3. Performance Requirements and Grants. Corporation shall provide a grant not to exce-# 1 iii to TAMU-C�C. TAMU-CC must use the grant to fund activities in support of an application to become one of six regional FAA Test Sites for the purpose of developing techno;logies, policies and procedures that will safely integrate UAS into the national airspace. As grant funds are expended, TAMU-CC must deliver invoices for payment. The Corporation shall pay invoices within 30 days. 2. TAMU-CC is an institution of higher education established under the laws of the State V Texas, has all power and authority to carry on its activities as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability, us am- M a rWZT* UNFUNTO FZ#W. in MIS Agreement m MET OF uIllizea solely TOF the terms • this Agreement. e. The person executing this Agreement on behalf of TAMU-CC is duly authorized-b.o. execute this Agreement on behalf of TAMU-CC, 5. Compliance with Laws, During the Term of this Agreement, TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. ,i. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. V _Q_ —Trier VITI Fg_UIITrdI 0 UlTdl as possible after the occurrence of the cause or causes relied upon. 8. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 9M. a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. TAM -CC shall, to the extent authorized by law, pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC. shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 13. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. nw.- b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CCs default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU�CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may ha�ve, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies; or elect to terminate this Agreement on account of t4 le default. I a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: IIII&MI Texas ► & orpus Chn Attn.- President/CEO 6300 Ocean Drive, Unit 5756 Corpus Christi, Texas 78412-5756 RIM City of Corpus Christi Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following City of Corpus Christi Aftn.: City Manager P.O. Box 9277 Corpus Christi, Texas 7846 92-1 c. Notice is effective upon deposit in the United States mail in the manner provideig I 2bove. 21. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose, b. To the extent that any clause or provision is held illegal, invalid, or unenforceabli; under present or future law effective during the term of this Agreement, then th.'.X remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the 5M illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. I I I Ili I' I Il I I I IN Ill I IIIII Ill I iii I 23. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 24. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and 'the obligation of the parties relating to Section 21 a and b shall survive the termination of this Agreement. By: Robert Tamez President Date: Attest, B y., Armando Gape Assistant Secretary Texas A&M University — Corpus Christi 7 of 6 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ( "the Act "), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Texas A &M University — Corpus Christi ( "TAMU -CC ") has submitted a proposal to the Type A Corporation for a $600,000 grant of up to $600,000 for start -up expenses for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test ranges in Corpus Christi, Texas; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund TAMU -CC's that business development funds be provided to TAMU -CC, through this Agreement with TAMU -CC, to be used by TAMU -CC to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace; and WHEREAS, the Type A Corporation, TAMU -CC has executed a business incentives agreement to fund an application to be an FAA Test Center for UAS for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: Page 1 of 3 Type A Business Service Agreement - TAMU -CC FAA Center 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and TAMU -CC related to TAMU -CC FAA Center in Corpus Christi ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is March 1, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Type A Business Service Agreement - TAMU -CC FAA Center The City of Corpus Christi Ronald L. Olson City Manager Date: Attest Armando Chapa City Secretary Type A Business Service Agreement - TAMU -CC FAA Center Corpus Christi Business & Job Development Corporation Robert Tamez President Date: Page 3 of 3 Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Texas A &M University- Corpus Christi ( "TAMU- CC") to provide a grant of up to $600,000 for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, and authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Type A Corporation regarding implementation and administration of the TAMU -CC Business Incentive Agreement; amending the budget to allow for this funding of up to $600,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $600,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas, will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas between the Type A Corporation and TAMU -CC, which is on file at the City Secretary's office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with TAMU -CC, which is on file at the City Secretary's office. ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Page 2 of 3 SECTION 3. That $600,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $600,000 for a business incentive grant from the Type A Corporation to TAMU -CC for an application to the Federal Aviation Administration (FAA) to locate an Unmanned Aerial Systems (UAS) test range in Corpus Christi, Texas. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 3 of 3 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. ATTEST: Armando Chapa City Secretary ORDINANCE -- TAMC CC FAA Grant 3 -15- 1303/14/13 Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 9, 2013 Second Reading Ordinance for the; City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager RO danb@cctexas.com (361) 826-3729 Execute Construction Contract Saluki Street Rehabilitation Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E! 2053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with i. Carroll Weaver, Inc. • Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. The purpose of this Agenda Item is to execute the construction contract for the Saluki Street Rehabilitation. lw�l glARMU On January 30, 2013, the City received proposals from four (4) bidders and the bidders and their respective bids for the project Base Bid are as follows: KAENGINEERNG DATAEXCiiANGEkVELh4AP%STREE-nEI2053 SALUKI STREET REHABILITATIONiCONSTRUCTtONAGENDA MEMO - SALUKI STREET DOCX Contractor Base Bid J. Carroll Weaver, Inc. $192,479.50 Sinton, Texas 2013 -2014 Mako Contracting, LLC $214,922.00 Corpus Christi, Texas TOTALS Clark Pipeline Services $217,885.14 Corpus Christi, Texas Garrett Construction Company $231,148.50 Ingleside, Texas $270,000.00 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's engineer, Urban Engineering, conducted a bid analysis of the four (4) proposals submitted to the City. The lowest bidder based on the Total Base Bid is J. Carroll Weaver, Inc. of Sinton, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, J. Carroll Weaver, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A Funds. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013 -2014 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $270,000.00 $0.00 $270,000.00 Encumbered / Ex ended Amount $72,477.10 $72,477.10 This item $192,479.50 $192,479.50 BALANCE $77,520.50 $(72,477.10)1 $51043.40 Fund(s): Type A Board, Storm Water CIP FY 2012 -2013 Developer Participation Comments: The project requires 90 calendar days, with anticipated completion approximately July 2013. Thus, funding for this contract will only be required during Fiscal Year 2013 -2014. K%ENGINEERING DATAE XCHANGEIVELMAPISTREEnEI2053 SALUKI STREET REHABILITATIOMCONSTRUCTIONWGENDA MEMO - SALUKI STREET.DOCX RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be awarded to J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Saluki Street Rehabilitation for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance K%ENGINEERING DATAEXCHANGE \VEIMWPGTREET\E12053 SALUKI STREET REHABILITATIONICONSTRUCTIONWGENDA MEMO - SALUKI STREET.000X PROJECT BUDGET SALUKI STREET REHABILITATION (Project No. E12053) First Reading Ordinance for the City Council Meeting of April 9, 2013 Second Reading Ordinance for the City Council Meeting of April 23, 2013 FUNDS AVAILABLE: Type A Funding ............................................................. ............................... $210,000.00 Storm Water CIP - Developer Participation .......................... ............................... 60,000.00 TOTAL........................................................................ ............................... 270,000.00 FUNDS REQUIRED: Construction (J. Carroll Weaver, Inc.) Base Bid .................... ............................... Contingencies( 10%) ....................................................... ............................... Engineer Fees: Engineer (Urban Engineering) * . ............................... ........ ............................... Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. Reimbursements: Contract Administration (Contract Preparation / Award/ Admin) .. ............................... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ..... ............................... Construction Observation Services .................................... ............................... $192,479.50 19,247.95 22,800.00 10,700.00 5,293.19 6,736.78 6,736.78 Misc. (Printing, Advertising, etc.) ....................................... ............................... 962.40 TOTAL........................................................................ ............................... $264,956.60 BALANCE.................................................................... ............................... $5,043.40 * Consultant Design Contract awarded on August 8, 2012 to Urban Engineering (administrative approval). Construction Observation Services is not included in Consultant Design Contract. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E12053 Saluki Street Rehabilitation Project; increasing expenditures in the amount of $60,000; and executing a construction contract with J. Carroll Weaver, Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of Saluki Street Rehabilitation Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add Project No. E12053 Saluki Street Rehabilitation Project. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase expenditures in the amount of $60,000. SECTION 3. A construction contract for Project No. E12053 Saluki Street Rehabilitation Project in the amount of $192,479.50 with J. Carroll Weaver, Inc. of Sinton, Texas is executed. ATTEST Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K%Engineedng Data Exchange%VELMAP%STREEnE12053 SALUKI STREET REHABILITATIONICONSTRUCTION %Ordinance - Saluki Street.doex That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2013. ATTEST Armando Chapa Nelda Martinez City Secretary Mayor K1ENineenn8 OutaExdiarwWELAMP%STREET%E12053 SALUKI STREET RENABILITATIONICONSTRUCTION %Ordirwm - Saluki Street -cl= \ Mproject\ councilexhibits \ exhE 1 2053dwg o= PROJECT LOCATION FM 2444 o y ray y �yyyy� O JO Oso O Creek S= 6_ Q LOCATION MAP NOT TO SCALE N J SALUKI ST PROJECT LOCATION VICINITY MAP NOT TO SCALE PROJECT #E12053 CITY COUNCIL EXHIBIT SALUKI STREET REHABILITATION CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 0 0 PAGE: 1 of 1_ Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of April 9, 2013 1852 Action Item for the City Council Meeting of April 23, 2013 DATE: April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Valerie Gray Director of Storm Water and Streets valerie scctexas.com (361) 826 -1875 Caterpillar Pneumatic Roller CAPTION: Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount of $112,183.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease purchase financing program. PURPOSE: The Street Department's base failure, utility cut repair and level -up crews require the use of a pneumatic wheel roller to compact soft spots and provide for uniform compaction in hot -mix asphalt used in street repair projects throughout the city. BACKGROUND AND FINDINGS: The current unit has been in service for fourteen years and the useful life of this roller has been exhausted. The local Holt Caterpillar dealer will deliver and service the new unit. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Caterpillar Pneumatic Roller will be funded for a sixty -month period with an estimated interest rate of 1.89 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment for the Caterpillar Roller will be $23,531.04. Total estimated cost over the sixty month period, including principle of $112,183.00 and interest of $5,472.20 is $117,655.20 CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $135,089.71 $109,811.52 $244,901.23 Encumbered / Expended Amount $78,213.36 $0 $78,213.36 This item $7,843.68 $1097811.52 $117,655.20 BALANCE $497032.67 $497032.67 Fund(s): Street Fund Comments: The $7,843.68 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $109,811.52 for the last fifty -six months of payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY ITEM DESCRIPTION Caterpillar CW -14 HW Pneumatic Roller - 1 00h with 5 year /5,000 Hrs. Premier Extended Warranty 28,528 lb. operating weight Price Sheet Buyboard Contract #345 -10 H O LT -CAT Corpus Christi QTY. I UNIT I Price I Price each 1 $112,183.00 $112,183.00 TOTAL: I 1 1 $112,183.00 s cP AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2012 DATE: April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Constance Sanchez, Director of Financial Services Constance PCa)-cctexas.corn 361- 826 -3227 Utility Bill Processing CAPTION: Motion awarding a service agreement with QuestMark Information Management Inc., of Houston Texas, to provide printing, processing and mailing of utility bill services, in accordance with Bid Invitation No. BI- 0043 -13, based on lowest responsible bid, for an estimated three year expenditure of $307,905.84 of which $25,658.82 is required for the remainder of this fiscal year. The term of the contract will be for thirty -six months, with two, twelve month automatic extensions. Funding is available in the Utility Business Office Operations Budget of the Finance Department for fiscal year 12/13. PURPOSE: The contractor is responsible for printing the City's utility bills, processing and preparing the statements for mailing and issuing the bills to our customers. BACKGROUND AND FINDINGS: Approximately 4,000 utility statements are processed for billing each workday of the month. Each day, an electronic file containing the daily accounts that are due to be billed for utility service is transferred to the contractor who processes the statements and mails them to our customers. Included in this service are utility bill forms ordering and inventory control, printing of customer specific data, folding of bills and inserting into envelopes, applying postage to each bill and mailing. The cost of postage is not included in this contract but is billed directly as a pass through cost from the contractor. Delinquency notices and return mail processing is also a part of the service. The contractor will also track each bill as it is processed through their system for quality assurance and quality control purposes. ALTERNATIVES: The City issued a Request for Bid for these services. The recommended award is made to the lowest responsible bidder meeting all aspects of the service requirements. OTHER CONSIDERATIONS: The utility bill will be redesigned to provide for messaging and a graphical presentation of customer usage over time. Once implemented, staff will work with the contractor on expanding paperless notification and billing (ebills) for those customers who prefer this type of service. CONFORMITY TO CITY POLICY: This award conforms to all State Statutes and City policies governing procurement activities of the City. EMERGENCY /NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable (ENSURE THE APPROPRIATE BOX ABOVE IS CHECKED). Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $187,960.00 $282,247.02 $470,207.02 Encumbered / Expended Amount 122,817.55 122,817.55 This item 25,658.82 282,247.02 1 307,905.84 BALANCE $39,483.63 0 $39,483.63 Fund(s): 4010 Comments: The $25,658.82 financial impact shown above represents three months of expenditures that will be encumbered this fiscal year. The remaining $282,247.02 represents thirty -three months of expenditures that will be requested in future fiscal years through the normal budget process. RECOMMENDATION: Staff recommends awarding the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation ADDENDUM 4 — EXHIBIT 2 Service Contract Service Agreement No. THIS Printing, Processing and Mailing Utility Bill Service (this "Agreement ") is entered into by and between 0,,gsrM4,er_ Z1 r*xmA-n6ovMdmT 1-raC , (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Printing, Processing and Mailing Utility Bill Service in response to Bid Invitation No. BI- 0043 -13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Printing, Processing and Mailing Utility Bill Service in accordance with Bid Invitation No. BI- 0043 -13 and Contractors Bid Offer to Bid Invitation No. BI- 0043 -13. 2. Term. This Agreement is for thirty -six (36 ) months commencing on and continuing through , with two (2) automatic twelve month extensions subject to termination by either party with 120 days notice. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Utility Business Manager or designee. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Certificate must state that the Utility Business Manager or designee will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0043 -13, or the Contractor's bid offer to Bid Invitation No. BI- 0043 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Utility Business Manager. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0043 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. .Alternatively, the City may terminate this Agreement upon twenty (120) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Utility Business Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Contact Address: City, State, 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of , 20 CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services Incorporated: Exhibit A: Bid Invitation No. BI- 0043 -13 Exhibit B: Bidder's Bid Offer Date QuestMark Information Management Beth Ludeke itle: CEO to Z5 cc \ }\ \\ / a ) \§ ■ @m■ aaeGaf© =3 a- �f CIL LU ` } �k / e ak a .0 0 222A� . . . � } IR B � � CV to w . 0 ° k a CR [0d < ' a`0L =IAu« . ke cm Iq §& _ . s . «; )] . Ia . co � co .)- Cl) .2f . . §} - CD 7( §» k /E CD )k \ �§ CR � )� § �§ § . Ete . LO IV cm }/a o =�= \ ■. k k a ) \§ ■ @m■ aaeGaf© =3 a- E i7ibl 1 DATE: April 9, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.co 361- 826 -3169 Michael Armstrong, Director of Information System michaela.L@cctexas.com 361- 826 -3740 Lease of Dell Computers CAPTION: Motion approving a supply agreement with Dell Financial Services, Round Rock, Texas for lease of approximately 400 desktop computers, 200 laptop computers, 44 servers, and other computer peripherals and related products in accordance with the State of Texas cooperative purchasing program and the City's Master Lease Agreement No. 6656492 for an estimated expenditure of $1,011,500.93. The term of the contract will be for twelve months with an option to extend for up to three additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the using departments in FY 2012 -2013. PURPOSE: This lease contract will provide for the lease of computers, servers and other computer peripherals and related products to be ordered by various departments throughout the year. BACKGROUND AND FINDINGS: The desktop computers and servers will be leased for a forty -eight month term. The laptop computers will be leased for a thirty -six (36) month term. The decision to lease the laptops for a 36 month term is based upon the expected life and maintenance costs associated with a laptop computer. The laptops are moved from location to location, may be exposed to extreme temperatures and are susceptible to damage. These conditions tend to lower the expected life of a laptop unit and increase the maintenance cost. Desktop computers and servers are normally located in a stable environment that provide for longer term performance. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The lease is a continuation of the City's program to lease computers in lieu of purchasing them outright. The program's objectives are targeted at: 1) providing users with the latest technology once every three years for laptops and four years for desktops 2) providing a disposal process for old computer equipment, 3) spreading the cost associated with acquiring computer equipment over the lease period and 4) decreasing the cost associated with maintaining computer equipment by including a warranty for the duration of the lease period. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Municipal Information Systems (MIS) Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,207,892.15 $919,844.18 $3,127,736.33 Encumbered / Expended Amount $834.822.97 $834.822.97 This item $91,656.75 $919,844.18 $1,011,500.93 BALANCE $1,281,412.43 $1,281,412.43 Fund(s): Monies are budgeted in the 530180 expense account (non - capital lease payments) of the various operational budgets of the requesting departments. Comments: The $91,656.75 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $919,844.18 will be requested during each of the following budget years. The City will order computers as needed and is not compelled to order a minimum number of computers in any given year. If at the end of the twelve -month term of the contract, if all 400 desktop computers, 200 laptop computers and 44 servers are ordered, the City will obligate to the $1,011,500.93 of the award. Annual funding will be requested during each of the following budget years. The ongoing contract is contingent upon all future budget appropriations. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. Ln d) (7 d' N .. N O3 Z E E U �j Q — m d Z -C O o d U N U N d � J 0 M Z0 N O Z 20Q� U(A�d M > J Q FD W LLJ O Z Q Q w 0 p O 7 O U a m U - U � O co N (O co N V V n W (O M N V M r N r 0 U O N > O U) E o V d C " Q M m EiT 0 O O U O O t 0 M O co V V O co V V - U � O co N (O co N V V n 00 W ((0 O M N r co N O N U) 0 ON,) M N U N t 0 M t 0 a U U a5 V V M 0 E M C t ON t LI W I t m W U T O U 0 .. t m W O O O O M 0 0 U .V O O O U) M °� E � N CD O O (O O (O C V-T N N In 0 d 5D O ` co i W N U) i O N Ln i CA U U) 7 Ln N to M U (fl 7 U) O c U O O O �• C_ V Q (O E O N M 'V M Q Ln E O a) N .(? O d (p N LO C6.2 C E O M 0 N U 0O U 00 ( O O >'— O V O N UO u U) 2 Q ai=o O d ° O CU m OM m V N m M O = y C O C ° Q d o Z 0 �'E00 E U a) M H fn U M U C -Coll 0 M^ N N V (0 N N^ CO N O N O V 'w 0 y. C (° O N ° M U -C 7= U U >. Q U Q m Q m OOa�rn'OO C O 0 U U y E M E O U — E O ° — Ln E O C a5 O I a) U U — U 0 O 0 of 00 W ((0 O M U) U) O N 1- NN� U) W ON,) M n O t 0 O0 t 0 a t 0 a V V M M V t LI W (O (O (O (� O t m W W t m W O O O O O O O O O O N � M 00 W ((0 O O U) ON,) O ON,) V 0 U) 0 a t 0 t 0 a t 0 a t 0 a V V M M V t LI W W t m W W t m W O O O O Q M O LO C N N In 0 d 5D O ` N Q =i p 0 a5 U N a (n > N 2 M 02 T N O .O C6.2 C M 0 N Q a5 ( a (O V aO) UO u ai=o d ° CU m OM O m M O = y C O C ° Q d o Z �'E00 E 7 '6 W — 0 fn U M U C -Coll 0 fan ) E 0 QO a° 5 � 'w = 0 O E m => W U O Q X U) " m N O Q U -C 7= O i Q U 'E O 0 O m OOa�rn'OO JJN- N M N M V Ln (6 O H Ln O O U) O_ LO LO O N N N N 0000 3 O O O O Q O (O (O O O 0 1- 1- 1- O d) r M M I` � I�ooc m O C O U CF) 0 f U O c O O ma 0 o i O L 0 °M ( O LO L W L X U a O J _ 6 6 L t t _ 0 0 OD (O V M M � m _t E V E i7ibl 1 DATE: April 9, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mie cctexas.com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations fosterc cctexas.com 361- 826 -1801 Ferrous Sulfate CAPTION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0124 -13 based on lowest responsible bid for an estimated twelve month expenditure of $308,200 of which $102,733.33 is required for FY 2012 -2013. 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 designee. Funds are available in the Wastewater Operations Budget in FY2012- 2013. PURPOSE: This chemical will be used by the Wastewater Department for odor control at sixteen (16) treatment locations. BACKGROUND AND FINDINGS: Historically, the City has received limited bids for this chemical. Included with the supply of chemical are holding tanks and chemical feed injectors. Additionally, the supplier performs testing and analysis of the performance of the chemical and reports these findings to the Wastewater Department. These requirements limit the pool of qualified suppliers of this chemical. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Wastewater Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,636,260.06 $205,466.67 $1,841,726.73 Encumbered / Expended Amount $716,285.69 $716,285.69 This item $102,733.33 $205,466.67 $308,200.00 BALANCE $817,241.04 $817,241.04 Fund(s): Wastewater Operation Budget Comments: The $102,733.33 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $205,466.67 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. q / / / / / / / Q U / / / / / / / 6 \ 2 0 0 o q e CD = o c / % <U) / / cu / \ 60- @/2 / , ® � w/ / \ z § " cu (D c— ( �0 2 f E cu E E 3 � 0 z� ° R R R R R R " \ /% / m C C / k / k C-) f m E — / _� 7 cu % of / n §$ 0- / (D0 pDs / \ Ni /k b �/7 2 , m cu Z�G k? Ga _ A OC f7§ \ 02'E c§2 c2 J R R R R R R R a c 0 k / A / %% 2 / / / / % �: / c c m cu = ƒ 2- \ (D c ± 2 ±/ ® w e% 2 / / O 2§ = a C\[ �2 -2 U) (D o 3 a)2 = \ % \ 0 m m L) 7 G 2 2 � / w$ = ® E£ m m G® : G / 2 §' § 7 E 2 U $ T' / ƒ/¥ = 7 0 � / f % / / \ / f U) R a$ R/ 0 /� // 2 % 0 m co / / / / / / CD LU / LL CD Q 6 D 6 ? 6 ? 6 $ 6 q 6 7 a G // LU/D 04 C qT z m Z « // 0 z \ 2 2 $ 2 2 2 \$\ (1) $ /0> k R ± >: R e e cl CD L R / ± R c / % / / cu / \ E / k / , ® � / \ z § " cu (D c— ( �0 2 f E cu E E 3 � 0 /_ / / E / 2 $ R : " \ ® ® % � g 5 — C-) f m E — / _� 7 cu % of / n §$ 0- / (D0 / /k b �/7 2 , m cu Z�G C: E ecn n Ga _ A OC f7§ \ 02'E c§2 c2 $ 0 A / = c" \ a a c 0 k ' m 2 %% 2 ® E L) a E/ I — U) a �: / c c m cu = ƒ 2- \ (D c ± 2 ±/ ® w e% 2 / / O 2§ 7 2\ 0 2¥ �2 -2 U) (D 3 a)2 = cu cu �� ƒ o b® m L) 7 G 2 2 � / w$ = ® E£ G 2/ § G® : G O z« o \ §' § 7 E 2 U $ T' ƒ/¥ = 7 0 � / f % / / \ / f U) R a$ R/ 0 /� // p 0 / & a 4 a a G Cyr AGENDA MEMORANDUM oPOa,EO Future Item for the City Council Meeting of April 09, 2013 1852 Action Item for the City Council Meeting of April 23, 2013 DATE: April 09, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Office Supplies CAPTION: Motion approving a supply agreement with Gateway Printing and Office Supply, Inc., Corpus Christi, TX for office supplies, equipment and furniture, based on lowest local bid, in accordance with Bid Invitation No. BI- 0245 -12, for an estimated annual expenditure of $549,737.29, of which $137,434.32 is required for the remainder of FY 2012 -2013. The term of the agreement will be for one year with an option to extend for up to four additional one -year periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by using departments in FY 2012 -2013. PURPOSE: This competitive procurement continues consolidation of the City's office supplies, equipment & furniture into one centralized supply agreement. The supplier will provide not only the commodities, but, the service, transportation /freight, material tracking and delivery competencies necessary to provide the City with next -day delivery. BACKGROUND AND FINDINGS: The current office supplies supply agreement has expired and has no extensions remaining, thus, necessitating this procurement. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinances. The ordinance provides for local preference when the local bidder is within 3% of a non -local bidder. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: Financial Services FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,108,203.24 $412,302.97 $1,520,506.21 Encumbered / Expended Amount $863,704.82 $0 $863,704.82 This item $137,434.32 $412,302.97 $549,737.29 BALANCE $107,064.10 $0 $107,064.10 Fund(s): All Funds Comments: The $137,434.32 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $412,302.97, for the last nine months of the contract, will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation C14 N Z K O LO U N Z N w O D 0 0 d CO DE (DQa .. O Z_ J D U N D C Q m U H Z LL LL 72 v a m O m 0) � v Ea oc o Lo v ER M V O r- 6-1 00 M N M N 0 N N N T N M 0 ri N LOlf') d) M 6- va J F O v; c O O v O U t a O U O U t c v V_ 0 a O U +L+ 0 0 N C O V C O v �6 f0 3 f0 � N '6 N u O O V O v 0 v O L O H v O m a 6 O > C U v O t CL � v t 3 0 C V 6 C E N O � 'v 3 o v 0 0 0 O v CL u C o Q Q O 0 C V O m O �> ai c C � f0 i -6 N 7 � Q � C7 o V _0 O V � i Z O U N O Q O V N V w C O N N V O � Z a w U of rn c d — 0 � v Q o w (0 (D 0 12 m O w � T H C 0 x a Q w w — U Qx Q O 0) M � Q H d N V M - ) 0 V) M (D W N = w N r- u L w U 0 Z V O M M O n w N 69 eR 63 M tR H Q U W w U_ Q d O I,- O r- N LO (O U7 0 LO 00 r- 00 x nOi ~ w 0 M (0 M LO Z O) rn -7 ao rn o w H o W w U u d ao U7 c N in 00 v 0 N 0) lf') p w M (0 V) t to 0 LO O O � � w H ER ER > x Q o w w U M N U N T 0 O N = 0 O) O) Q OZ L7 0) LO M T U N 3 v 69 69 69 69 N V m w V /U w C7 O u w U a LO (q LO q 0 ao 0 O ui r- Y w M 0 Z m rn L v a v w e» e» N e» X m f0 o V) U w } C 7 E C 7 E C 7 E C 7 E C v C v C v C v Q 7 Q 7 Q 7 Q 7 oa C Z � O m H � d C U Q N M V E CL w ob ob oa oa C W c co w a) CL 7 N n 7 n 7 i n o 7 V Q O C C O O O O w Q (7 H C7 a (7 Li (7 O co - 0) � v Ea oc o Lo v ER M V O r- 6-1 00 M N M N 0 N N N T N M 0 ri N LOlf') d) M 6- va J F O v; c O O v O U t a O U O U t c v V_ 0 a O U +L+ 0 0 N C O V C O v �6 f0 3 f0 � N '6 N u O O V O v 0 v O L O H v O m a 6 O > C U v O t CL � v t 3 0 C V 6 C E N O � 'v 3 o v 0 0 0 O v CL u C o Q Q O 0 C V O m O �> ai c C � f0 i -6 N 7 � Q � C7 o V _0 O V � i Z O U N O Q O V N V w C O N N V O � Z a DATE: March 21, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Execute Contract for Amendment No. 4 Citywide Hydraulic Model - Sanitary Sewer Overflow Initiative (SSOI) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, of Garland, Texas in the amount of $179,251.00, for a restated fee not to exceed $2,342,179.00 for Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI). PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 4 to the Contract for Professional Services with Pipeline Analysis, LLC, for Citywide Hydraulic Model (SSOI). BACKGROUND AND FINDINGS: The original contract included the development of a SSOI Plan for the Oso service area. Amendment No. 1 incorporated the Broadway and Greenwood service areas in the SSOI program. Amendment No. 2 included the Allison, Whitecap, and Laguna Madre service areas. Amendment No. 3 provided for the development of a comprehensive citywide hydraulic model of the wastewater collection system which included citywide flow monitoring. Phase 1 flow monitoring of Broadway, Greenwood, and Oso service areas was completed on schedule; however, Phase 2 flow monitoring of Allison, Whitecap, and Laguna Madre service areas did not record sufficient rainfall for model calibration. Amendment No. 4, this contract, is necessary due to the lack of rainfall during the Phase 2 flow monitoring. Adequate rainfall data is critical in the process of calibrating the hydraulic model. Major tasks include wastewater flow monitoring at 25 key locations within the Allison, Whitecap, and Laguna Madre service areas and rainfall monitoring at 12 locations to establish storm even intensity and duration. This amendment also revises the project schedule to account for delay of the model development for Phase 2. The hydraulic wastewater system model will equip the City with a powerful tool for analyzing system capacities, bottlenecks, and unwanted overflows before they actually occur. It will help facilitate the development of system improvements by using sound engineering methods and help produce quality maps and calculations to support department needs. Capacity issues can be investigated in a timely fashion using this tool. This allows the City to predict potential capacity problems in advance and develop least cost strategies to optimize system performance. This hydraulic model will serve as the basis for future Wastewater Collection Conveyance System infrastructure planning, prioritization and programming in support of City's Sanitary Sewer Overflow prevention program. ALTERNATIVES: 1. Execute the Contract for Professional Services with Pipeline Analysis, LLC as proposed. 2. Do not execute the Contract for Professional Services with Pipeline Analysis, LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,167,400.00 $1,015,000.00 $3,182,400.00 Encumbered / Expended Amount $2,167,400.00 $2,167,400.00 This Item $179,251.00 $179,251.00 Future Anticipated Expenditures This Project $234,208.00 $234,208.00 BALANCE $0.00 $601,541.00 $601,541.00 Fund(s): Wastewater CIP #4 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $179,251.00. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 4 with Pipeline Analysis, LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET CITYWIDE HYDRAULIC MODEL SANITARY SEWER OVERFLOW INITIATIVE PROGRAM FUNDS AVAILABLE: Prior Wastewater CIP .......................................... ............................... $2,167,400.00 Wastewater CIP FY 2013 .................................... ............................... 1,015,000.00 Total ............................................................... ............................... $3,182,400.00 FUNDS REQUIRED: Construction ( estimate) ....................................... ............................... N/A Contingencies ( 10%) .......................................... ............................... N/A Engineer Fees: Engineer, including this amendment - (Pipeline Analysis, LLC) * ................. 2,342,179.00 Reimbursements Contract Administration (Contract Preparation /Award /Admin) .................... 71,604.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ........................ 111,384.00 Finance........................................................... ............................... 39,780.00 Misc. (Printing, Advertising, etc.) ........................... ............................... 15,912.00 Total ............................................................... ............................... $2,580,859.00 BALANCE.................................................... ............................... $601,541.00 *Orginal Contract approved by City Council on 8/24/10 by Motion M2010 -195 and Large Amendment No. 3 approved by City Council on 06/21/2011 by Motion M2011 -133 City Wide Hydraulic Model - Sanitary Sewer CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS fie' to Initiative DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 4 'L--O'U:TT,4CT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and PIPELINE ANALYSIS, LLC, agree to the following amendments to the Contract for Engineering Services for Citywide Hydraulic Model-Sanitary Sewer Overflow Initiative ISSOIJ (Project No. E100151, as authorized and administratively amended by: ERE M-W- RIP-11M August 24, 2010 j Motion No. M2010-195 Amendment No. I October 11 2010 Administrative Approval Amendment No. 2 December 4, 2010 Administrative Approval I Amendment No. 3 June 21, 2011 EXHIBIT "A", SECTION 1. SCOPE OF ENGINEERING SERVICES, shall be amended • the additional tasks as described in Amendment No. 4. Exhibit EXHIBIT "A", SECTION 2. PROJECT SCHEDULE shall be amended as specified in the attached Amendment No. 4 Exhibit "A", Schedule. HEMM 1111111111111111111111 lip All other terms and conditions of August 24, 2010 contract between the City and Engineer will remain in full force and effect. MW L4 WIfframi 11TI OW-M AMEND. NO. 4 Page I of 2 MENGINEERING DATAEXCHANGEJENNIFF-RkVVASTEWATERVE10015 CITYWIDE 68 HYDRAULIC MODWAMENDMENT NO 45CONTRACI XCONTRACT. DOC . It ' , Legal Department Date ATTEST Armando Chapa, City Secretary Project No. E10015 Fund Source No. 550950 -4510- 00000- E10015 Fund Name: Wastewater Capital Reserves Encumbrance No. AMEND. NO.4 Page 2 of 2 MENGINEERING DATAEXCHANGEWENNiFER1WASTEWATER1E10015 CITYWIDE SS HYDRAULIC MODMAMENDMENT NO.4%CONTRACTICONTRACT.DOC PIPELINE ANALYSIS`- v,1_S,'_rv=TD1 COLLEC'710N rNGWEERS March 4, 2013 William J. Green, P.E. Assistant Director of Engineering Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3598 - direct (361) 816-4916 - mobile billa(&_�cctexas. coin Dear Mr. Green, 1115 Main Street Garland, Texas 75040 800-637-0164 RE: Contract Amendment No. 4 City-Wide Sanitary Sewer Hydraulic Model Phase 2 Temporary Wet Weather Flow Monitoring (Project No. E10015) The prime contract provided technical assistance necessary to prepare a SSO Initiative Plan for the Oso service area and a city-wide CMOM (Capacity, Management, Operation & Maintenance) Self-audit to meet TCEQ and proposed EPA regulations. The original contract included the development of a SSO Initiative Plan for the Oso Service Area and Amendment No. I authorized Pipeline Analysis to incorporate the Broadway and Greenwood Service Areas into the SSO Initiative program. Amendment No. 2, in anticipation of future TCEQ actions, included the Allison, Whitecap and Laguna Madre Service Areas. Amendment No. 3 provided for the development of a comprehensive city-wide hydraulic model of the wastewater collection system which included city-wide flow monitoring. Phase I flow monitoring of Broadway, Greenwood and Oso Service Areas was completed on schedule; however, Phase 2 flow monitoring did not record sufficient rainfall for model calibration. Amendment No. 4 to this contract is necessary due to the lack of rainfall during the Phase 2 temporary flow monitoring of the Allison, Laguna Madre and Whitecap service areas. Adequate rainfall data is critical in the process of calibrating the hydraulic model. Inadequate rainfall during flow monitoring in 2012 has necessitated the need for additional flow monitoring in May — June, 2013. The hydraulic wastewater system model will equip the wastewater department with the tools for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. The hydraulic model will facilitate system analysis, aid in development of system improvernents, produce informational maps/exhibits, and will predict the system's response to future improvements. The hydraulic model will enable the City to assess and predict potential capacity requirements and develop least cost strategies to optimize system performance. The major tasks included in the city-wide project scope for this Amendment No.4 are: • Wastewater Flow Monitoring at 25 key locations within the Allison, Laguna Madre and Whitecap Service Areas. • Rainfall monitoring at 12 locations to establish storm event intensity and duration. AMEND. NO. 4 EXHIBIT "A" Page 1 of 15 The total amount of this Amendment is $179,251 as shown in the breakdown on Attachment "A ". The man hour and fee analysis for this Amendment is shown in Attachment "B ". I have also attached the project schedule for the work as shown in Attachment "C ". If you have any questions or require additional information, please give me a call at (800) 637 -0164 or email me at jforbes@pipelineanalysis.com. Very truly yours, PIPELINE ANALYSIS, LLC James H. Forbes, Jr., P.E. Attachments: Attachment "A" Attachment `B" Attachment "C" AMEND. NO.4 EXHIBIT "A" Page 2 of 15 Attachment A Project No. E! 0015 7-rofessional Services Contract City of Corpus Christi l��� Jill - 77 Vito JIIIJ��111111 Phase 2 Re-Flow Monitoring Allison. Ls , Madre and WhitecaD Service Are) March 2013 IPELINE ANALYSIS"' in association with LNV engineers I architects i contractors AMEND. NO. 4 EXHIBIT "A" Page 3 of 15 Attachment A SCOPE OF WORK CITY OF CORPUS CHRISTI, TEXAS SANITARY SEWER OVERFLOW REDUCTION PROGRAM WASTEWATER HYDRAULIC MODELING Amendment No.4 Phase 2 Temporary Flow Monitoring CITY PROJECT E10015 BACKGROUND The approach to the hydraulic modeling of the wastewater collection system is organized around the City's objectives for this project: • Reduction in Sanitary Sewer Overflows • Cost controls and Least Cost Alternatives • Attainment of long -term Infiltration/Inflow solutions • Collection System Capacity Assurance • Regulatory compliance • Customer satisfaction GENERAL INFORMATION A hydraulic wastewater system model will equip the wastewater department with the tool for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. The hydraulic model is calibrated to actual wastewater flows using temporary flow meters placed at key locations within the collection system. Inadequate rainfall during Phase 2 in 2012 has resulted in the need to obtain additional wastewater wet weather flow measurements in order to calibrate the hydraulic model. OBJECTIVES This project will address the following objectives: 1. Install approximately 25 temporary flow meters within the Allison, Laguna Madre and Whitecap service areas and record dry and wet weather wastewater flows. 2. Install 12 temporary rainfall gauges to establish the rainfall intensity and duration. 3. Analyze the recorded data and update the Phase 2 Final Report to include this additional collected data. PROJECT PHASING Phase 2 will consist of the Allison, Laguna Madre, and the Whitecap WWTP basins. The earliest historical optimum period to record wet weather flows is during May and June. MODEL BENEFITS • Flow Capacity Evaluation • Overflow Management • Infiltration/Inflow Modeling • System Deficiency Identification • CIP Development • New System Design 4of15 BASIC SERVICES — N/A The development of a hydraulic model for the six wastewater service areas ensures consistent assessment of future growth, maintenance and system capital requirements for current and future conditions. Furthermore, hydraulic modeling will provide the project team consultants with pertinent data to assess system impacts to various wet weather events and will further enable the project team to test cost effective repair strategies and alternatives. Modeling will allow the team to conduct a series of "what if' scenarios that will help determine least cost solutions. These various scenarios take into account the City of Corpus Christi maintenance and personnel needs, budget, planned growth, capacity issues and can be used to more accurately design relief and/or replacement lines and optimize system rehabilitation. The following tasks are anticipated with the hydraulic modeling effort: 1.6 Wastewater Flow and Rainfall Monitoring Develop a 60 day wastewater flow monitoring plan to collect data that will be used for hydraulic model calibration, establish magnitude of wet weather inflow and prioritize sub-basins for future testing and rehabilitation. Mobilize flow monitoring team and coordinate startup. Establish personnel assignments and responsibilities. Inventory equipment needs and order expendable supplies. Perform meter pre- calibration, prepare mounting rings for various pipe sizes, set-up meter database and project information. Delineate sub-basin boundaries based on current GIS mapping for each preliminary site such that the linear footage of pipeline within each sub-basin can be determined. 1.6.1 Preliminary Monitoring Locations —Previously completed. 1.6.2 Finalize Flow Monitoring Locations —Previously completed. L6.3 Conduct Field Inspections —Previously completed. 1.6.4 Conduct Flow Monitoring for 60 days (including Rainfall Gauges) Temporary flow meters will be utilized to establish wastewater flows during dry (and wet) weather conditions. Flow metering equipment will be capable of recording flow under surcharged conditions and will be synchronized to the same clock used for rain gauges. The duration of monitoring will be 60 days. A total of 25 temporary flow meter sites and 12 rain gauge sites are anticipated based on a preliminary evaluation. The following is a summary of consultant provided equipment: Service Area Flow Rainfall Meters Gauges ALLISON-PH2 8 4 LAGUNA-PH2 10 4 WHITECAP-PH2 7 4 Phase 2-Sub-total 25 12 Pipeline Analysis staff will use sound engineering judgment in adjusting raw depth and velocity data to account for debris, etc. and may use other analysis techniques, such as scatter graphs, AMEND. NO. 4 EXHIBIT "A" Page 5 of 15 multiple flow equations and hydrographs to review data integrity or further analyze the flow data. Each meter will be field calibrated prior to installation. Calibration of each meter will consist of an independent verification of the flow depth and velocity. The flow sensors will be secured to a mounting band that fits snugly in the pipeline. The data logger for each site will then be installed and secured in the top of each manhole and the meter will be activated at industry standard user defined sampling intervals not to exceed 15 minutes. Continuously recording rainfall gauges will be installed to obtain each storm event intensity and duration across the study area. Each rainfall gauge will be installed and calibrated to ensure proper operation and recording. Rainfall gauges are of the tipping bucket type and accurately record rainfall to 0.01 inches. Maintenance logs will be prepared by consultant for each weekly site visit and will show as a minimum the date, time, operational check, verification of recordings, and other applicable maintenance items. The frequency of site visits will be based on the site history and will generally be weekly unless more frequent visits are required due to debris of sensor fouling. Using the collection system maps in association with GIS and supplemented by the City storm water rain gauges, a rainfall distribution analysis will be performed for each major storm event. For each metered sub -area, the volume of rainfall that fell over the surface will be determined using GIS spatial analysis and compared to the discrete wet weather infiltration/inflow. 1.6.5 Data Collection From Flow Meters Routine maintenance and service will be undertaken to confirm normal operation. Written logs of each site visit will be maintained and will be used to record date and time of visit, meter velocity and depth reading, corresponding independent velocity and depth reading, maintenance items such as battery voltage, etc. A tabular and graphical presentation of the final data will be prepared. Peak, minimum and average flow depths and rates will be generated to assist in data analysis and provided in hardcopy and electronic (MS Excel) formats. 1.6.6 Confirmation of Adequate Wet Weather Data The proposed flow monitoring will be undertaken to obtain adequate hydraulic information for dry (and wet) weather conditions. A review of the dry and wet weather data will establish the number of storm events recorded and a determination if adequate data exists or if the metering period needs to be extended. In general at least three (3) storm events, that cause a noticeable system response, will be necessary to evaluate wet weather flows. The wet weather flow data information will be used to establish rainfall derived infiltration/inflow (RDH). Both cumulative and discrete flows will be evaluated. Should rainfall not be adequate during the 60 day monitoring period then a determination will be made to either extend the now monitoring on a week by week basis or terminate the monitoring based on forecasts for the area. The City project manager and consultant will review the data collected, review the impact on the hydraulic model, review the National Weather Service long - range precipitation forecast and make a decision on whether to extend the monitoring period. The City project manager will have the final authorization to extend the flow monitoring or terminate the flow monitoring at the end of the 60 day milestone. 1.6.7 Flow Data Analysis PA will analyze the gathered data and develop tabular and graphical summaries. Comparisons with any previous historical flow meter data from previous I/I Analysis, Sewer System Evaluation Surveys will be summarized and evaluated. The impact of silt and debris will be evaluated. AMEND. NO.4 EXHIBIT W Page 6 of 15 Information obtained during the monitoring period will be used to determine the following for each meter site: 1. Dry weather average daily flow — A typical dry weather week will be established that is not impacted by rainfall. Velocity data will be compared to debris levels to analyze the scouring velocity necessary to prevent deposition in the lines. Discrete flows from each metered sub -basin will be calculated. 2. Dry weather peak flow — Peak flows during dry weather will be determined from the recorded meter site data. 3. Wet weather average daily flow — Wet weather flows for each rainfall event will be analyzed to determine the percentage of rainfall that enters the collections system (also known as the leakiness factor). By comparing the storm event flow with the dry weather flows will establish the Rainfall Derived Infiltration/Inflow (RDII). This value will vary for each storm duration and intensity. The discrete RDII for each sub -basin will be determined and will allow the ranking (prioritization) of each sub -basin by severity of RDII. 4. Wet weather peak flow — Peak flow rates during wet weather are critical to the capacity analysis. Peaking ratios (Peak flow rate to average dry weather flow) will be compared for dry and wet weather. 5. Peak inflow rates — Peak inflow rates are calculated by observing peak flow during a wet weather events. 6. Total I/I volume — The area under each storm event curve will be evaluated to establish the volume of rainfall induced infiltration/inflow. These values can then be normalized to establish the volume of RDII per inch of rainfall. Projections can then be made to accurately determine the impact of RDII during a normal year. During data analysis, the Manning and continuity equations may be plotted for flow. Under ideal free flow hydraulic conditions the two separate equations for flow should provide similar results. However, in a backwater or restrictive hydraulic situation, the Manning equation will over quantify flows and diverge from the continuity equation. Such an occurrence will indicate to the data analyst that a backwater condition was observed and a downstream restriction should be investigated. The project team will use sound engineering judgment and experience in adjusting raw depth and velocity data to account for debris levels. By obtaining accurate velocity and depth data, the engineer can further isolate hydraulic problems within the collection system. L 6.8 Ranking of Meter Sub - basins A major result of the city-wide flow monitoring program will be the priority ranking of sub - basins based on various factors such as RDII, SSOs, maintenance history, etc. This matrix ranking will be used in a multi-year program to find and fix system defects. Using the rainfall distribution analysis and recorded wet weather flow data, the gallons of rainfall dependent I/I (RDII), per inch of rainfall, per linear feet of service area pipeline (gal/in/1f) will be calculated. By performing this matrix analysis, each sub -basin is compared, assessed and ranked on an equal basis. Consultant will prepare a matrix for city review and approval. L 6.9 Preparation of SSES Phasing & Cost Estimates Based on the matrix ranking of sub - basins, a phased Sanitary Sewer Evaluation Survey (SSES) AMEND. NO.4 EXHIBIT "A" Page 7 of 15 program will be prepared along with estimated implementation cost estimates. 1.6.10 Review of 1/1 Study Report PA will prepare three (3) copies of the I/I Analysis Pre- Submittal Final Report which summarizes all findings, observed deficiencies, and recommendations with estimated costs. Review comments will be incorporated into the Final Report and five (5) copies submitted to the City. The final I/I Study Report will include the following: • Executive Summary • Dry Weather Flows • Wet Weather Flows • Rainfall Distribution Analysis • Distribution of RDII • Priority Ranking of Sub -basins • Discussion and estimated cost of a Permanent Flow Monitoring Network • Recommended testing and rehabilitation schedule and cost estimates • Appendix with flow and rainfall data • Electronic spreadsheets, photographs, maps and report on CD included with each report Deliverables: 1. Meter site locations. List of meter sites and location map(s) delineating the basin boundaries will be prepared by Pipeline Analysis 2. Completion of meter site location forms 3. Map showing proposed meter and rain gauge site locations 4. Velocity, depth, and flow data in tabular format 5. Site photographs and site installations sheets 6. Rainfall summary intensity and duration, rainfall volume, rainfall distribution using GIS 7. Matrix and final priority ranking of sub -basins 8. Three (3) copies of Pre -Final Report 9. Five (5) copies of Final Report CITY'S RESPONSIBILITIES CITY will provide ENGINEER at no cost: 1. Access to sites for placement of equipment and personnel. Assistance (if requested) for placement of rainfall gauges at secure locations such as fire stations, pump stations, etc. 2. Review and authorization to extend flow and rainfall monitoring beyond 60 days (if applicable) 3. Wastewater treatment plant flow records — average and peak wet weather 4. Meeting room for meetings 5. Provide Access 6. Arrange for access to, and make all provisions for, ENGINEER or ENGINEER'S Sub consultants to perform services under this AGREEMENT. AMEND. NO.4 EXHIBIT "A" Page 8 of 15 7. City Representative - CITY shall designate both a Wastewater Department and Engineering Department representative to act as a contact persons on behalf of the CITY. The ENGINEER'S services shall be performed in a timely manner consistent with sound professional practices. The ENGINEER will complete the work according to the following schedule: Z' Phase 1 - Broadway, Greenwood and Oso Service Areas 1 12 1 128 1 8 136 1 Combine Phase 1_& 2 Draft Reports into Final Cit-wide Report I The time limits set forth in the schedule shall include allowances for reasonable and expected review time by the CITY and approval by authorities having jurisdiction over the PROJECT, and shall not be allowed as cause for delay or adjustments to the schedule. Delays in the design critical path caused by review times by the CITY or a permitting agency exceeding those anticipated by the ENGINEER'S schedule are cause for adjustments in the schedule. Any adjustments made to the agreed upon schedule shall be made in writing and acceptable to both parties. The ENGINEER shall begin work within 10 days of receipt of the executed CONTRACT and written Notice to Proceed. A schedule of completed work, including a bar graph schedule showing the percentage complete of each of the items of the scope of work, will be submitted each month to the CITY. AMEND. NO. 4 EXHIBIT "A" Page 9 of 15 Attachment A Contract Amendment No. 4 Sanitary Sewer Overflow Initiative Plan Development and Capacity, Management, Operation & Maintenance Self-audit (Project No. El 0015) Amendment No. 4 City-Wide Sanitary Sewer Hydraulic Model Phase 2 Temporary Flow Monitoring Summary of Fees AMENDi NO. 4J EXHIBIT "A" Page 1 0 'f 15 age 10 of 15 Attachment A mnx��� Phase 2 - Allison, Laguna Madre and Whitecap Service Areas Task Description Quantity Unit Price Total 100 Re-mobilization L.S. L.S. $2,860.00 200 Temporary How Monitoring a. InstallationlCalibration - Flow Meters b. Flow Monitoring - 25 sites at 60 days=1 500 25 1500 $ 325.00 $ 88.00 $ 8,125.00 $ 132,000.00 300 400 c. Installatio n/Ca lib ration - Rain Gauges 12 $ 150.00 $ 1,800.00 d. Rain Monitoring -12 sites at6Odays=720 Aclmin,,Project W. Data Analysis 720 L.S. L.S. $ 18.00 L.S. L.S. $ 12,960.00 $2,690.00 $5,376,00 500 Final Report L.S. L.S. $13,44000 [Total Not to Exceed $179, Weisz AMEND. NO. 4 EXHIBIT "A!' Page 11 of 15 Attachment B Amendment No.4 Manhour and Fee Analysis Allison Service Area AMEND. NO.4 EXHIBIT "A" Page 12 of 15 a $$ f p N T MM M N M � IO p H O $ M $ Co J N tl A ^^ V 0 2 W N Q F ZO V W � Q 'A m ip W ,�W/ In = 8 ° 8 - R C Oa t� 5 g w O N ° N o F y =.ice WO O G1 W A O N N _ V O. q $ cc 6 Y M W C y Ol W f O Q O O p IL Q' o° 9 0Q t A O O ✓S� C> Q o r � O Qp W � � W i1 Z., Z C �E C O E p 9 Ts W d V g �j a V m µ M Za d L EE F C O .a 'ps G m QI z m Or C .Q m R a e " 8 U �= $ O 2 g _gd��!> N LL¢ s ar o -5 r o L f c tb iA b 3 faG. j� W IE pC U 6 W W •E U Y 2 IIS 3 us. Y W a m ' Y Vl r 3 Y Y a p Y jy ¢ U (/ YN� Q Y (/ Y� Q 4 Q AMEND. NO.4 EXHIBIT "A" Page 12 of 15 Attachment B Amendment No 4 manh0urand Fee Analysis Laguna Madre Service Area K AMEND. NO. 4 EXHIBIT Page 13 @ 15 aft aaa 2,asesaasas@Kaaeaas , sRa ■ saaaaa © k ! k 2 �■ © E7 � 2 ■■2� ' ,k aaa■se seas, asAsa asses Gaaa e § _ k � d § § ■! k �- I I I I I I \ o ®` ■ k § -A § ON �� ON o■ §! t q! © § © j 3 - �ag # K § a § � ■ � _ �,- ! ■a a12 ■■ a a ; a § J ■ k I! )2 F F | ■ ! � � ■z$f � ��•| ; � k � f= s -- } ■�] IRl�!! ! §2 ;,| �JE ■!� k} k ��!! §'!]!%!�/ , & �I�!|a . °� ■l�; 44 $� - © , ■!k .loo §� ;� ; :# , a 2■ . +� �k■ ■! ■�- `I2tA ®© J• ��_ &,. %!. ■■ ■§ ©° e�- - ' £ 2! 2!2 ®�$e!! ©� &�l�� /)l2��2�!$�..■� AMEND. NO. 4 EXHIBIT Page 13 @ 15 Attachment B Amendment No 4 Manhour and Fee Analysis Whitecap Service Area AMEND. NO. 4 EXHIBIT "N' Page «oe -2 • a 5 -2 - -- - - ■- -�; e § ka ■ �k B ; 2 a as § | §§ mmaeaee# ■ ■e #■ 8@ ■e ■ ■ ■ ■ ■S� e° ■Wisa ■2a @9299 ■92- 999asaea §a ■ gag e 22 § @ ■ ! _ 01 1 , R F � ■ � 0 2 - ! E§ � § § § ! # - ■ § 2 a °% A §.. � ' k§ 7 ■ » © &� ��k� , k BB uCc § 2 ■ ! ■ k a 0 )2 2' © §§ ■ s ■ ■ !) f ! k .. | � ;. a `• . � � �f \\ �■ 0: �■ �� s$a , ©e•�.�� a | �� ' -; _ E N�aG�l�Ik\f!�)� ! ■�� &■ a !a E ■. fL - I ■!!! ! - 5''! ■!! e£! £.� §�.�a��- !]9l�k)�l2kk��}ID.�� i1la�s�2| -� ■�& §� ; ; ;�., ■� „ ;_ §2� ;- ■ ■��- ;� § %�� - § §$ §§ AMEND. NO. 4 EXHIBIT "N' Page «oe Attachment C Contract Amendment No. 4 City -Wide Sanitary Sewer Hydraulic Model REVISED SCHEDULE: CONTRACT AMENDMENT NO. 4 Phase 1 - Broadway, Greenwood and Oso Service Areas Major Tasks Week No. Start Duration (Weeks) Week End ACTIVITY 1 1 31 32 Kick - Off Meeting / Workshop/Data Collection and Review 1.6 8 20 28 Wastewater Flow Monitori no 2 16 28 44 Model Development 3 28 64 1 92 Model Calibration 4 1 80 12 92 Ebsti System Analysis 5 80 12 92 Future S tem Analysis 6 80 12 92 Phase 1 Draft Report 7 4 28 32 Manhole Inspection 8 4 28 32 Topographic Suve 9 1 135 136 Model Purchasefrraining 10 1 135 136 Supplemental/Confingency 11 1 3 4 Traffic Control Plan 1 135 136 PHASE 1 COMPLETE Phase 2 - Allison. Laquna Madre and Whitecap Service Areas Major Tasks Week No. Start Duration (Weeks) Week End ACTIVITY 1 40 28 68 Kick- Off Meeting / Workshop/Data Collection and Review 1.6 60 56 116 Wastewater Flow Monitoring withExlended Meted n 2 64 36 100 Model Development 3 76 44 1 120 Model Calibration 4 1 88 36 124 E)dsbnq S Ystern Analysis 5 88 40 128 Future System Analysis 6 116 16 132 Phase 2 Draft Report 7 36 16 52 Manhole Inspection 8 48 20 68 Topographic Suve 9 1 135 136 IModel Purchasefrraininq 10 1 135 1 136 ISupplemental/Confingency 11 1 32 4 36 ITraffic Control Plan 1 135 136 PHASE 2 COMPLETE 12 1 128 8 1 136 lCombine Phase 1 & 2 Draft Reports into Final City-wide Re ort AMEND. NO.4 EXHIBIT "A" Page 15 of 15 _ m � v `O O r C N m 7 V O .� •' � C IL - C v O E > Q S W o O In +•' V 0 O 0 O M L ESN W �O O 0 O N V W 0 0 M N CL ° N N a > ° E O a � . V _ m � v `O O r C N m 7 V O .� •' � C IL - C v O E > Q S W o O In +•' V 0 O 0 O M L z W �O O 0 O N V W 0 0 M N O 6613 ° N aZZ ° ° ° d. z° W V O = J ° ° as ° o _ O O v z o O a O C) E cn M Q � v cu O L V) ul rOn Un O O C O U O O O r o O In 0 O 0 O 0 O M 0 0 N o 0 O 0 o 0 0 O 0 O o r r O O C7 o r r 0 M N ° ° ° ° ° ° ° ° i ° ° ° ° ° o o O N a o O O O C) to cn M o � 0 cu O (4 V) ul rOn Un O O IV- .E rn a Cq vi 6% o 64 U a U m a a 6R? bi °° (n 0000000 � ° O O d o O 6 9 rn Q N 6% O c ° o LO U o p O E O Un In c °� U 69 > cNa a o Qa�_ao(uo 69. 64 ° o o 00 0 o p p p °o U) °o Ul (a °o_ to to N � � H H f- r 6fi O O O O O O O t+ Q Q Q r` O ti f• O O in O an O N N m m m of N d' O) O O t` N N 0 r. CO F- F- I-- t- N t• W 40 4a ta T- to ° ° N O N 6a m m m IN N (ND ~ ~ ~ CNO 0~O r r r N 63 6}3 ffi 6% 0- O °° Q N° p p p N O N N 6°R O O r m r O r r r bs} 6F} 63 r N Eft 0 0 0 00 p cc o o° CO cc O ° ° �° d O °_ O ° O_ rNi 64 � � N 69, � � E . NO.4 IT "B" 1 of 1 N N U N N i N O U � N a V .V a cn M 0 cu O (4 a rOn U m O .E rn a O o U a U m a a o0 u) E . NO.4 IT "B" 1 of 1 N N U � M U) Vl LL O ca O U- U O (n a � � a d o c° rn Q N R� c '0 O U p O E O c °� U > > cNa a o Qa�_ao(uo w00< E . NO.4 IT "B" 1 of 1 k�i SUPPLIER NUMBER TO BE ASSIGNED BY-C1TY- PURCHASING DIVISION Ci of CITY OF CORPUS CHRISTI City of �; DISCLOSURE OF INTEREST 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 Filing Requirements, Certifications and definitions. COMPANY NAME: Pipeline Analysis, LLC P. O. BOX: STREET ADDRESS: 1115 Main Street CITY: Garland, Texas ZIP: 75040 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) N.A. 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 N.A. 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 N.A. 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 supject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed wasting filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 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: James H. Forbes, Jr., P.E. Title: President (Type or Print) Signature of Certifying 1 Date: q Person: 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. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "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. d. "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. e. "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. f. "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." g. "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. SC 0 o° 1 AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of April 9, 2013 ss Action Item for the City Council Meeting of April 23, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Architectural Design Contract Tennis Center Repairs and Upgrades — HEB and Al Kruse Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis Center Repairs and Upgrades — HEB and Al Kruse, for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE- The purpose of this Agenda Item is to execute the Contract for Professional Services with CLK Architects & Associates, Inc. for Tennis Center Repairs and Upgrades — HEB and Al Kruse. BACKGROUND AND FINDINGS: Improvements to the HEB Tennis Center will include structural assessment of the stadium seating & structural assessment of the seating areas between courts 5 -8 & 9 -12. Post Tension Concrete Caps to courts 1, 2, 5, 6, 9, 10, 13, 14 & 15. Acrylic Surfacing / Resurfacing courts 3, 4, 7, 8, 11, & 12. After the structural assessment of the stadium is completed, a determination will be made as whether to repair the stadium or to build (2 to 3) new post tension courts where stadium court currently resides; design services will be provided for the repair of the stadium or for the new courts. No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Create new backboard practice area near stadium court. After structural assessment determined if new seating area needs to be provided, design and build as required by code. Renovate pro shop. Provide covered area by players' lounge. Provide new entry way with control to tennis center. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. At Al Kruse provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. Provide petromat overlay to courts 5, 6 & 7. Provide backboard practice area at basketball court. Provide new backboards to court no. 8. Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. K: \ENGINEERING \LEGISTAR \APRIL 9 \TENNIS CENTER REPAIRS AND UPGRDES \AGENDA MEMO -TENNIS CENTER REPAIRS AND UPGRADES.DOCX CLK Associates, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY- The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CLK Architects & Associates, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $750,000.00 $2,250,000.00 $3,000,000.00 Encumbered /Expended Amount This item $204,700.00 $0.00 $204,700.00 Future Anticipated Expenditures This Project $545,300.00 $2,168,800.00 $2,714,100.00 BALANCE $0.00 $81,200.00 $81,200.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $204,700.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services CLK Architects & Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \APRIL 9 \TENNIS CENTER REPAIRS AND UPGRDES \AGENDA MEMO -TENNIS CENTER REPAIRS AND UPGRADES.DOCX PROJECT BUDGET ESTIMATE HEB and Al Kruse Tennis Centers (Project No. E12118) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 $3,000,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 2,180,000.00 Contingency ( 10%) ................................................................ ............................... 218,000.00 Design Fees: Architect (CLK Architects & Associates, Inc.. ) ........................ ............................... 204,700.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... 43,600.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 32,700.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 218,000.00 Finance............................................................................... ............................... $ 10,900.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 10,900.00 TOTAL................................................................................ ............................... $2,918,800.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $81,200.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and CLK Architects & Associates, Inc., a Texas corporation, 615 N. Upper Broadway, Suite 1250, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A /E), hereby agree as follows: 1. SCOPE OF PROJECT Project # E12118 — HEB and Al Kruse Tennis Centers Voters in Bond Issue 2012 approved $3,000,000 dollars for repairs, upgrades and improvements to the HEB and Al Kruse Tennis Center, which were both built in the 1960's. Improvements to the HEB Tennis Center will include structural assessment of the stadium seating & structural assessment of the seating areas between courts 5 -8 & 9 -12. Post Tension Concrete Caps to courts 1, 2, 5, 6, 9, 10, 13, 14 & 15. Acrylic Surfacing l Resurfacing courts 3, 4, 7, 8, 11, & 12. After structural assessment determine whether to build (2 to 3) new post tension courts where stadium court currently resides. No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Create new backboard practice area near stadium court. After structural assessment determined if new seating area needs to be provided, design and build as required by code. Renovate pro shop. Provide covered area by players' lounge. Provide new entry way with control to tennis center. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. At Al Kruse provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. Provide petromat overlay to courts 5, 6 & 7. Provide backboard practice area at basketball court. Provide new backboards to court no. 8. Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. 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, 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. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. Contract for Engineering (AIE) Services Page 1 of 4 K%Engineoring DataExchanga %CIanss[LAParks1E12118 - Tennis Center Repairs and UpgradeslContract - CLK Architects%l CONTRACT PROFESSIONAL SERVICES - Tennis Center Repairs and Upgrades docx A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $204,700.00 (Two Hundred Four Thousand Seven Hundred Forty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering (AfE) Services Page 2 of 4 K %Engineering DataExchangelCiarissaJ %Parks1E12118 - Tennis Center Repairs and UpgradestContract - CLKArchitectsll CONTRACT PROFESSIONAL SERVICES - Tennis Center Repairs and Upgrades docx 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager CLK Architects & Associates A. Javi&- u r a Date Vice President 615 N. Upper Broadway Suite 1250 (361) 884.3295 Office (361) 884.3298 Fax Contract for Engineering (A(E) Services Page 3 of 4 K1Enginearing DataExchangelC1srissaAParM %E12118 - Tennis Center Repairs and UpgradeslContract - CLK Architectslt CONTRACT PROFESSIONAL SERVICES - Tennis Center Rapairs and Upgrades do" 11299; � wpll,�l *1 xel r� Office • Management Date and Budget RWTW� (Proiect No. E121181 Encumbrance No. CONTRACT MANAGERS' Contract for Enginmrinq (Afl ServicGs Page 4 of 4 KAEftgineering DataExdiangel.ClarissaJ,ParksSE 12118 - Tonms Center Repass and Upg=ados',Convac, - CLK ArchtecWl CONTRACT PROFESSIONAL SERVICES - Tennis Center Repa,is and Upgta.f s dc�� EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation Improvements Project # E12118 — HEB & Al Kruse Tennis Centers SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. D Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: Gu4lunropai Pro)ectsiC iy of Carpus Ctnsn1201310 - MEB AL Kruse Parkor Park%Wntten Fdest2 EXHEBIT A LARGE AE REV6ED Noo13 2012 EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 HEB M Kruse. doc 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section,geot echnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and VB& for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13.2012 G Wunppal ProlectstCIty of Corpus Chnsh1201310. HEB AL Kruse_Parker_ParklWMten Fdes12 EXHIBIT A LARGE AE REVISED Novi 3 2012 - HEB AI Kruse we b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal -electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100°/x) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 G Wunbpai Propas+Cdy of Ccrpus Cnnsn1201310 - HEB AL Knse_Parker- P&*%%%Intten Fdes12 EXHIBIT A LARGE AE REV6ED Nw03 2012 - HEB Al Kruse aoc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 G Wuroopaf ProfeaslCGty of Corpus Cnns6t201310 - HEB AL Kruse- Parker- Park%VVntten FAesV EXHOT A LARGE AE REVISED Nov13 2012 • HEe Al Kruse WC B. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red- line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shallbe CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) G Wun*pal Propc1slCdy of Corpus Cnnsti1201310 - HEB AL Kruse_Parker Parklwntten PdesV EXHIBIT A LARGE AE REVSED Novi 3 202 EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 HEB Al Kruse COC k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to.the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' ❑ m,31 99Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate EXHIBIT "A" Page 6 of 9 Revised November 13,20`12 G Wurmpal Projects%Cny of Corpus CMsti%201310 • MEB_AL.Kniw_Parker_ParkW6htten Fdes12 EYHOT A LARGE AE REVSED Nw13 2012 - NEB Al Kruse occ parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. M) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 G Wun*pal Pro�ects%City o} Carpus ChnstiVO1310 - HEB_AL_Kruse_Parker_PanalWntten Flles%2 EXHIBIT A LARGE AE REVISED N003 2012 - HEB AI Kruse doc vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction- related excavation of the potential for encountering their utility lines during construction. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". SCHEDULE Date Activity March 26h,2013 NTP April 18", 2013 Draft ELR submittal May 2nd , 2013 City Review May 16`", 2013 Final ELR submittal June 20'h,2013 Desi n Submittal Jul 3'd , 2013 it Review !00 Au ust 15`" , 2013 0% Design Submittal August 29'h , 2013 City Review Sep 26"', 2013 100% Final Submittal Sep 291", 2013 Advertise for Bids Oct 10"', 2013 Pre -Bid Conference Oct 17'", 2013 Receive Bids Oct 31$', 2013 Contract Award Nov 2nd , 2013 Begin Construction May 3`d , 2013 Complete Construction G NAuniopal PropcWCdy of Corpus CMSh1201310 • HEB AL Kr so_Paftt ParklWntlen Fdes$2 EXHIBIT A LARGE AE REVISED Noa13 2012 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 HEB Al Krute. doc III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.14 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $48,000.00 2. Design Phase $105,600.00 3. Bid Phase $9,600.00 4. Construction Administration Phase $28,800.00 Subtotal Basic Services Fees $192,000.00 Additional Services Fees (Allowance) 1. Permit Preparation (TDLR fees only) $700.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions $5,400.00 4. Environmental Issues 5. Public Involvement 6. Subsurface Utility Investigation 7. Construction Observation Services To Be Determined 8. Start -up Services 9. Warranty Phase $6,600.00 Sub -Total Additional Services Fees Authorized $12,700.00 Total Authorized Fee $204,700.00 G Wuns apal ProtadsSCay of Corpus ChnsIQ01310 • HEB_AL Nnue_Parker ParMWntten Fdes12 EXHIBIT A LARGE AE REVISED Now13 2012 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 HE Al Kruse. daa EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation Improvements Project # E12118 — HEB & All Kruse Tennis Centers Basic Services: 1) Project limits include Ayers Street to the East and Shelly Street to the west. The scope of the work is as follows: Improvements to the HEB Tennis Center will include • Structural assessment of the stadium seating after structural assessment determine whether to build (2 to 3) new post. tension courts where stadium court currently resides. • Structural assessment of the seating areas between courts 5 -8 & 9 -12. After structural assessment determined if new seating area needs to be provided, design and build as required by code • Post Tension Concrete Caps to courts 1, 2,. 5, 6, 9, 10, 13, 14 & 15. • Acrylic Surfacing / Resurfacing courts 3, 4, 7, 8, 11, & 12. • Create new backboard practice area near stadium court. • Renovate pro shop and Iockerroo m areas with new doors, flooring, paint, ceiling, Iights,HVAC & lockers. Address any accessibility issues. • Provide covered area by players' lounge. • Provide new entry way with control to tennis center. • Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. • No work will be done to courts 17, 18, 19, 20, 21, 22 & 23. Improvements to Al Kruse Tennis Center will include: • Provide new acrylic surfacing to courts 1, 2, 3, 4, 8 & 10. • Provide petromat overlay to courts 5, 6 & 7. • Provide backboard practice area at basketball court. • Provide new backboards to court no. 8. • Repair entry ramps, sidewalks around pro shop to comply with accessibility standards. • Repair main parking lot with new hot asphalt overlay with code compliant accessible parking. • Renovate pro shop and locker room areas with new doors, flooring, paint, ceiling, lights, HVAC & lockers. Address any accessibility issues. EXHIBIT "A -1" Page 1 of 6 Revised April 2010 G.Wuniopat ProteaslCrty of Corpus Chnsti1201310 - HEB_AL_Kruse_Pamer_ParldWnnen Flles%3 EXHIBIT A -1 TASK LIST LARGE AE REVISED April 2010 - HEBAI Kruse docx 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report (ELR) including all pertinent information as described in Exhibit "K. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Engineering Letter Report (ELR), and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform the design of all improvements on the project, including the repairs to the existing trail, drainage and grading improvements, and other amenities such as shade structures, benches in compliance with Parks, Recreation and Open Space master plans as discussed with City Staff. 14) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Civil Grading Plan • Civil Utility Plan • Utility Details • Sanitary Sewer Plan • Sanitary Details EXHIBIT "A -1" Page 2 of 6 Revised April 2010 G hIuniopal ProfeaskClly of Carpus ChnsM01310- HEB_AL_Kruse_Pa*er_ParMWntten Frles43 EXHIBIT A -1 TASK LIST LARGE AE REVISED APnI 2010 -HEB AI Kruse doex • Planting Plans • Planting Details • Irrigation Plans • Irrigation Details • Architectural Site Plan • Architectural Floor Plans • Architectural Elevations • Architectural Sections • Architectural Details • Architectural Sections • Structural Notes • Structural Foundations • Structural Sections • Structural Details • MEP Site Plan • Electrical Plan • Electrical Details Electrical Schedules Plumbing Plan • Plumbing Details • Plumbing Schedules 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond EXHIBIT "A -1" Page 3 of 6 Revised A dl 2010 G.Wunlopal ProjeCIMClty of Corpus Chosb5201310. HEB AL Kruse Parker ParM'Atltten FllesQ EXHIBIT A -1 TASK LIST LARGE AE REVISEDAPM Kruse ooex 2010- HEB AI 13) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC /QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5`h of each month. 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations as required. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY 1) None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. EXHIBIT "A -V Page 4 of 6 Revised A dl 2010 G %Mun opal ProJeas%Cdy of Corpus Cnnsu =310 • HEB AL Kruse Parker ParMWntten RIe0 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apat 2010• HEB Al Kruse docx 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Locate and tie -in known utilities and structures. 7) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) City to provide A/E team any and all assessment of the property if environmental issues have been identified. A/E has not included on their fee any phase I or II assessments for this site. CONSTRUCTION OBSERVATION SERVICES (as approved as additional services) 1 } Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, EXHIBIT "A -1" Page 5 of 6 Revised April 2010 G Wunlapal Proiecistcdy of Ccrpus Chnsb1201310 • HEB AL Kruse Parker PanAWnaen NeW EXHIBIT A•1 TASK LIST LARGE AE REVISED Apnl 2010- HEB AI Kruse docx patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS The following tasks are not included on our scope of work. A/E team will notify city if items are discovered during the preliminary phase that might need to be addressed. 1) Sanitary sewer design outside our scope of work area 2) Offsite storm water, wastewater and waterline improvements 3) Improvements to parking lots EXHIBIT "A -1" Page 6 of 6 Revised April 2010 G Wumopal ProjeaslCrly of Corpus Cnnso1P01310 - HEB AL Kruse Pancer Pan6Wntten Files%3 EXHIBIT A•1 TASK LIST LARGE AE REVISED Apol 2010 - HEB AI Kruse doex EXHIBIT "Bf1 MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Page 1 of 3 K tEngineering DataExc^.ango%ClanssaJ%ParkstE 12116 -Tennis Center Repairs and Upgrados%Contract • CLK ArctsAetlsW EXHIBIT 8 INDEMNIFICATION - 0CT 2010 docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page K liEngineenng DataExchange %ClanssaJXParks1E12118 -Tennis Center Repairs and Upgrades%Contract • CLK Architects%4 EXHIBIT 6 INDEMNIFICATION -OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or In connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Pa e3of3 K %Engineering DataExchangelClar4ssaJVParks1E12t 18 -Tennis Center Repairs and UpgraoeslContract - CLK ArchdactsW EXHIBIT B INDEMNIFICATION -OCT 2010.docx a ` a 1 O �o ♦+ v CL m y m O �a� d 0 .. 0 F- o c � 4f O v � O C CL — W N ;; U azz0 W � � � 'O O E, a U z 'O V C O U Se I.R ve * \ Ive Se o N 0 0 0 0 0 N 0 0 0 0 0 0 0 o p p Cl 0 o a °o_ ° LO Co m LO � � 00 C%F t6 0 0 0 0 0 609 O O P Co m p h O O O Co o UA W) F- F- F- tO 1n NINC) � 44 64 69 64 0 69 Q 0 0 0 0 00 o O p p p 0 U0 00 0 � m 6� to N fA 0 0 0 W) 0 N N m 1� Q~1 O O t• go N O T- W m m (� N h 01 to 609 0 UU) O UU) 6% 0 N p p O N UU) N� N O N (D UD N CD Co Efi 61 to So 0 0 0 0 N 0000 N O N N 0 0 Fm- Fm- Fes- `- o T- .- e= e- Ir e- N 69 69 69 6A O O 0 Q p O O o O p On O O O O 0 0 0 1W o O m 0 O O O 669 N CV � � 669_ 6 N Co N U N Ml %j N U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 O C W z 0 0 r r- 0 Se I.R ve * \ Ive Se o N 0 0 0 0 0 N 0 0 0 0 0 0 0 o p p Cl 0 o a °o_ ° LO Co m LO � � 00 C%F t6 0 0 0 0 0 609 O O P Co m p h O O O Co o UA W) F- F- F- tO 1n NINC) � 44 64 69 64 0 69 Q 0 0 0 0 00 o O p p p 0 U0 00 0 � m 6� to N fA 0 0 0 W) 0 N N m 1� Q~1 O O t• go N O T- W m m (� N h 01 to 609 0 UU) O UU) 6% 0 N p p O N UU) N� N O N (D UD N CD Co Efi 61 to So 0 0 0 0 N 0000 N O N N 0 0 Fm- Fm- Fes- `- o T- .- e= e- Ir e- N 69 69 69 6A O O 0 Q p O O o O p On O O O O 0 0 0 1W o O m 0 O O O 669 N CV � � 669_ 6 N Co N U N Ml %j N U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 U. N V td N N N L C 0 LL CO V m z a a�i cv a EL Ca CL N v m c c .o v) cco Q Z• f0 w C1 E a} a N y N C p 0 E U= 0 ly0 41 O '� O to Ca U E b 15 s O m a o Co U cn Q a 5 a 0 L7 Co m coo Q F- EXHIBIT "C" Pa e 1 of 1 EXHIBIT "C" Pa e 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BYCtTY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekingg 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 Filing Requirements, Certifications and definitions. COMPANY NAME: CLK Architects & Associates, Inc. P. O. BOX: STREET ADDRESS: 615 N. Upper Broadway, Ste 1250 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation L 2. Partnership 8 3. Sole Owner E] 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age 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) N/A 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 NIA 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 N/A 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." Name Consultant N/A EXHIBIT «D» Page 1 of 2 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City, official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -349 (d)J CERTIFICATION 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: Atilano J. Huerta Title: Vice President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, ar committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. `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. d. "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. e. "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. f. "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." g. "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 "W Pa e2of2 \ Mproject\ councilexhibits \ exhE 1 2118dwg �b~ ti Shp J� I H 37 PROJECT SITE AL KRUSE I H 37 AGNES o MORGAN PROJECT SITE �- V) HEE <r O Oc�9ti d 9 � l9� W, POINT ^v O� oo� GOC�Iyq�P � 00 LOCATION MAP NOT TO SCALE PROJECT #E12118 CITY COUNCIL EXHIBIT Tennis Center Repairs CITY OF CORPUS CHRISTI, TEXAS ,I and Upgrades DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of April 9, 2013 ss Action Item for the City Council Meeting of April 23, 2013 DATE: April 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; (361) 826 -3464 Engineering Design Contract Community Park Development and Improvements Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $156,780.00, for Community Park Development and Improvements for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. for Community Park Development and Improvements. BACKGROUND AND FINDINGS: The scope of this project includes irrigation system infrastructure upgrade and extension at Bill Witt/Oso Creek Park. Additionally this project will include specialty use amenities, shade structures, landscaping, trails, parking improvements and other items designed for community parks in compliance with the Parks and Recreation Open Space Master Plan. Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements K: \ENGINEERING \LEGISTAR \APRIL 9 \COMMUNITY PARK DEVELOPMENT -BILL WITT PARK \AGENDA MEMO -COMMUNITY PARK DEVELOPMENT. DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Martinez, Guy & Maybik, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,250,000.00 $3,750,000.00 $5,000,000.00 Encumbered /Expended Amount This item $156,780.00 $156,780.00 Future Anticipated Expenditures This Project $1,093,220.00 $250,000.00 $1,343,220.00 BALANCE 0 $3,500,000.00 $3,500,000.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $156,780.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services Martinez, Guy & Maybik, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \APRIL 9 \COMMUNITY PARK DEVELOPMENT -BILL WITT PARK \AGENDA MEMO -COMMUNITY PARK DEVELOPMENT. DOCX PROJECT BUDGET ESTIMATE Community Park Development - Bill Witt Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 FUNDS REQUIRED: Construction (preliminary estimate for Bill Witt Park) .................... ............................... Contingency( 10%) ................................................................ ............................... Design Fees: Engineer (Martinez, Guy & Maybik, Inc. ) ................................. ............................... Geotechnical Study and Testing ( TBD) ...................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ Finance............................................................................... ............................... $ $5,000,000.00 1,100,000.00 110,000.00 156,780.00 22,000.00 12,210.00 88,000.00 5,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 5,510.00 TOTAL (Bill Witt Park Project Budget) .................................... ............................... $1,500,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $3,500,000.00 : \councllexhlbltS \exht 1 Z 1 1 bb.dwq RIVER N'UECES BAJ q w z z Q q w � o Y Y � U q � � z o Q HWY 44 AGNES q C ° CCIR � o ° o BEAR PROJECT #E12115 �y 5� N CO2 -P`US 0-WS 1T B92-4 j F.M. 4 ___ ���7 / \ �r� Sq�W �SOWWY N�S FM 2444 PROJECT STE Bill Witt ParI LOCATION MAP NOT TO SCALE 'MAI)RE Community Park Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS and Improvements DEPARTMENT OF ENGINEERING SERVICES (Bill Witt Park) PAGE: 1 of 1 ? n� p' CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 10 The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Martinez, —Guy & Maybik, Inc., a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (ArchitectlEngineer – AIE), hereby agree as follows: 1. SCOPE OF PROJECT Community Park Develo mentand Improvements Project No. E12115 BOND ISSUE 2012 The scope of this project includes irrigation upgrades and extensions at Bill Witi/Oso Creek Park and will include specialty use amenities, shade structures, landscaping, trails, parking improvements and other items designed for community parks in compliance with the Parks and Recreation Open Space Master Plan. 2. SCOPE OF SERVICES The AIE 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. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers: For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering WE) Services Page 1 of 4 K:SENGINEERING DATAEXCHANGESCLARISSAJ4PARKS1E12135 - COMMUNITY PARK DEVELOPMENT &;MPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIK 1 CONTRACT PROFESSIONAL SERVCCES.DOG The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase -in fee _is- required:- Services- or_ tasks - requiring -an- increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $156,780.00, (in numbers), One Hundred Fifty Six Thousand Seven Hundred Eighty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the. AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (NE) Services Page 2 of 4 K:IENGINEERING DATAEXCHANGE ICLARISSAJLPARKS1E12115 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIM1 CONTRACT PROFESSIONAL SERVICES. DOC if 9. OWNERSHIP OF DOCUMENTS - All documents including contract- documents - (plans and- specificatto -ns)- record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific. to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Q- d_��� Z Daniel Biles, P. E., I Date Director of Engineering Services Mic ael Morris Date Director of Parks and Recreation APPROVED AS TO FORM Office of Management Date and Budget MARTINET, GUY & MAYBIK, INC �z I J� . � 71 icardo Martin z, P E. at Rresident 6'000 S. Stapi s ., Suite 207 Corpus Christi, X 78413 (361) 814 -3070 Office (800) 653 -5510 Fax Contract for Engineering (A/E) Services Page 3 of 4 K'IENGINEERING DATAEXCHANGE %CLARISSAJ%PARKS%E12115 - COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT - MARTINEZ GUY MAYBIK4i CONTRACT PROFESSIONAL SERVICES.DOC ATTEST Armando Chapa, City Secretary Community Park Development and Improvements Pro'ect No. E12111 Department Fund Source No. Amount 'arks and Recreation 550950 - 3293 - 00000- E12115 $156,780.01 Encumbrance No. ENTERED MAR 2 5 2013 CONTRACT MANAGER$;, -„ v) Contract for Engineering (A/E) Services Page 4 of 4 K- (ENGINEERING DATAEXCNANGEICLARISSAJIPARKS 1El2115 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSCONTRACT- MARTINEZ GUYMAYBIKII CONTRACT PROFESSIONAL SERViCES.DOC EXHIBIT "At' CITY OF CORPUS CHRISTI, TEXAS -- - Community- Park- Development and- Improvements -for Bill Witt Park - .---_._. - (Project No. E12115) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. Preliminary Phase. The Arch itect /Engineer -AIE (also referred to as Consultant) will- a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting, c) Provide scope of geotechnical testing requirements to the City's Geotechnicai Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or Upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- EXHIBIT "A" Rage 1 of 10 Revised November 13, 2012 K4Engineering DalaExchangelClarissaJ %Parks4E12l l5 - Community Park Development & ImpmvemenlslContracl - Martinez Guy Maybik12 EXHIBIT A LARGE AE.doex level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1 _ _ Provide a_ concise_ presentation _of_ pertinent - -factors, sketches, designs, ----cross-sections, and parameters which -will or -may impact the design, including engineering design, basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing. report, right -of -way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, .which this project will affect. 6. Provide anticipated index of drawings and specifications. p) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. C) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (AIE to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT "A" Page 2 of 10 Revised November 13, 2012 K NEngineerPng Da laExchangelCfarissaJ4Perks5E12115 - Community Park Development & ImprovemenlslConlracl -Martinez Guy Maybi%12 EXHIBIT A LARGE AE.doox 2, Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and -- private pipeline companies that - may -have existing - facilities- and Must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. . d) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities, 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus_ Christi and the Consultant The City agrees that any modifications of the submitted final plans (for other uses by EXHIBIT "A" Page 3 of 10 Revised November 13, 2012 KAEngineering DateExchangelClarissaJ %Parks5E12115 - Community Park Develapment & lmprovemenlslConlracl -Martinez Guy MaybikQ EXHIBIT A LARGE AE.docx the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that - -- - submittal - -of- the- interim, pre- final -(if- required), - -and- final - complete plans and complete bid documents with- - specifications accurately -_ reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if- in the opinion of the City Engineer or designee, Consultant has not adequately addressed C;+.,_ provided review comments or provided submittals in accordance with Cit standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions, concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. EXHIBIT "A" 'Page 4 of 14 Revised November 13, 2012 KAEngineering Data €xchanpokClarisseJlParksYE12115 -Community Park Development & ImprovementslContract -Martinez Guy Maybik52 EXHIBIT A LARGE AE.doex b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. - - - c) - Receive the— Engineer's— recommendation concerning -bid - evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The AIE will perform contract administration to include the following: a) Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided EXHI BIT "All Page 5 of 10 Revised November 13, 2012 KAEngineering DateExchange %CtarissaJYParks1E12115 - Community Park Development & ImprovementsSContract - Martinez Guy MaybikU EXHIBIT A LARGE AE.docx and will be negotiated by the Director of Engineering Services as required. The.A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. - Permit P-reparation_— f=urnish the —City all—engineering--data --and-- documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable . to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit /Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. 'U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right -of -Way (ROW) Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW; which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyor' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. E BIT "A" e 6 of 10 vember 13, 2012 K:SEngineering DalaExchangeSClarissaJ %ParksVE12115 -Community Park Development & Improvemenls\Conlract - Marlinez Guy Maybik52 EXHIBIT A LARGE AE -decx d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied -- i.e. — the coordinate data will remain in grid. -_ e)- Vertical- control- will -be- based -on NAVD -88 -- - - - - -- - - f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to . subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1} Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m} Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -1, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation - The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the EXHIBIT "A" Page 7 of 10 Revised November 13, 2012 KAEnginearing DataExchaagelClarissaJlParks1E12115 - Community Park Development & ImprovemontsXContract - Martinez Guy MaybikV EXHIBIT A LARGE AE.decx horizontal and vertical position of underground utilities, as well as the type, size, condition-, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic - - - - - - survey- control.- The- - utility - will- be- identifiedandan elevation will be obtained to the top of the utility. ii) Utility Location - The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water - Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater - Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water - Water facilities within the project limits will be located to Quality Level C. vi) Gas - Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -v Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -V Task List does not supersede Exhibit "A ". EAIBIT "A" Page 8 of 10 Revised November 13, 2012 KAEngineering OalaExchangaSClarissaJSParksIE12115 - Community Park DeveTopmenl & ImprovementMConlracl - Marlinaz Guy Maybik12 EXHIBIT A LARGE AE.docx II. SCHEDULE . Date Activity March 26, 2013- - -NTP - July 23, 2013 Draft ELR submittal August 6, 2013 City Review - August 27,2013 Final ELR submittal November 26, 2013 60% Design Submittal December 10, 2013 City Review February 11, 2014 100% Final Submittal March 10, 2014 Advertise for Bids March 21, 2014 Pre -Bid Conference March 26, 2014 Receive Bids April 22, 2014 Contract Award August 4, 2014 Begin Construction August 3, 2015 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.14, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXIi1BIT "A„ Page 9 of 10 Revised November 13, 2012 KAEngineering DataExchangeSClarissaJ %Parks1E12115 -Community Park Development & ImprovementslContract -Martinez Guy Maybik%2 EXHIBIT A LARGE AE.doex Summary of Fees Basic Services Fees 1. Preliminary Phase $22,840.00 2. Design Phase $69,800.00 3. Bid Phase $6,620.00 4. Construction Administration Phase $15,680.00 Subtotal Basic Services Fees $114,940.00 Additional Services Fees (Allowance) 1. Permit Preparation To Be Determined 2. ROW Acquisition Survey None Anticipated 3. Topographic Survey $27,680.00 4. Environmental Issues $1,920,00 5. Public Involvement $4,600.00 6. Subsurface Utility Investigation $5,240.00 7. Construction Observation Services To Be Determined 8. Start -up Services Not Applicable 9. Warranty Phase $2,400.00 Sub -Total Additional Services Fees Authorized $41,840.00 Total Authorized Fee $156,780.00 EXHIBIT "A" Page 10 of 10 Revised November 13, 2012 K.1Engineenng DataExchangelClarissaJ %Parks1E12115 - Community Park Development & ImprovementslContracl - Martinez Guy Maybikl2 EXHIRIT A LARGE AE,doex EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Community Park Development and Improvements for Bill Witt Park (Project No. E12115) The scope and fee presented herein, and on Exhibit "A" are based on the following: Project Budget: $1,500,000.00 Estimated Construction Budget: $1,200,000 Basic Services: 1) Project limits include Bill Witt City Park located on the southside of Yorktown Boulevard, east of Cimarron Boulevard and west of Logan Road. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings. It is anticipated that approximately 76 acres of the total. 136 acres of Bill //Mitt City Park will require a full topographic survey for design purposes (for use in irrigation, dog park, drainage /grading, parking lot, and landscaping design, and for locating and addressing any existing drainage issues that would be exacerbated once the new irrigation system improvements are installed). Strategic spot elevations will be surveyed on the remaining 60 acres, as necessary. a) Dog Park Area- full topographic survey (approximately 8 acres) b) Soccer Fields- full topographic survey (approximately 32 acres) c) Football Fields- full topographic survey (approximately 9 acres) d) Baseball Fields- full topographic survey (approximately 10 acres) e) Kickball Fields- full topographic survey (approximately 3 acres) f) Undeveloped Areas- full topographic survey (approximately 14 acres) g) Other Areas- spot elevations as needed (approximately 60 acres) 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. EXHIBIT "A -1" Page 1 of 6 Revised A ril 2010 KAEngineering Data ExchangeSClarissaJ%Parks1Et2115 -Community Park Development R ImprovementskGontract -Martinez Guy Maybikl3 EXHIBIT A -1 TASK LIST LARGE AE- E12115 -docx 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A ". Included in the ELR will be a discussion on how the proposed - -- - — 1rrrgat ovements will affect drainage (specifically existing lovv spot j; -- along with a plan for addressing any issues, as necessary. 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform a Drainage Study to determine existing drainage characteristics within the project limits, and develop a plan to address non- draining areas along with any capacity deficiencies that currently exist within the drainage system of swales, ditches, culverts, and underground storm lines, per the City of Corpus Christi Storm Water Master Plan. 10) Perform the engineering design of all improvements on the project, including a looped water system, a comprehensive irrigation system, a dog park, drainage and grading improvements, and shade structures, landscaping, trails, parking improvements and other items designated for community parks in compliance with the Parks, Recreation and Open Space Master Plan, as determined to be part of the project per the planning meetings with City Staff. 11) Develop construction drawings in. English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Topographic Survey Sheet(s) • Drainage Area Map • Hydraulic and Hydrology Sheet(s) • General Grading Plan • Dog Park Site Plan and Grading • Fencing Plan and Details • Parking Lot Site Plan and Grading • Storm Water Plan & Profile (as needed) • Storm Water Outfall Improvements (as needed) EXHIBIT `rA -1 r' Page.2 of 6 Revised 00120101 o K:1Enginearing DataExchangelClarissaJ %Parks1E12115 -Community Park Development & ImprovemenlsSGontracl - Martinez Guy Maybik%3 EXHIBIT A -1 TASK LIST LARGE AE- E 12115.doex Storm Water Details Sidewalk Details • Curb Ramp Details Pavement-Markin g - and i n - an -- -- zJ age - Pavement Marking Details Waterline Plan & Profile • Waterline Adjustments Waterline Tie -in Sections • Waterline Details Landscaping Plan • Landscaping Details • Irrigation Plan • lrrigation Details - Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing Traffic Control Plan • Traffic Control Sections Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan Storm Water Pollution Prevention Details Storm Water Quality Management Plan • Miscellaneous Details • City of Corpus Christi ADA Standards 12) Prepare opinion of probable construction costs including contingency amounts. 13) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors --B • Part A— Special Provisions • Part B General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice m KAEngineering DalaExchange \ClarissaJlParks1E12115 - Community Park Development & lmprovemen[MConlracl - Martinez Guy MaybiLARGE AE- E12115.docx • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 14) Provide Quality Control /Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 15) Address comments received from the City for the pre -final submittal. 16) Provide Quality Control/Quality Assurance (QCIQA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 17) Update the opinion of probable construction costs. 18) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5t" of each month. 22) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City'to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated EXHIBIL&6 Page Revised 10 UEngir Bering DalsExchange %ClarissaJxParks4E12115 - Community Park Development & Improvemenls4Contracl - Martinez Guy Maybik%3 EXHIBIT A -1 TAEKLIST LARGE AE- El2115.docx TOPOGRAPHIC SURVEY 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to be improved, estimated at 76 acres. Survey will include all topographic features within the survey limits with a 100' x 100' grid for ground elevations. 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie -in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. 11) Prepare AutoCAD drawing of topographic survey. ENVIRONMENTAL ISSUES 1) Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION EXHIBIT Page 5 of 6 Revised Aril 2010 KSEngineering DataExchange4ClarissaJ lParks5E12115 -Community Park Development & ImprovementslCantract - Martinez Guy Mayb'W3 EXHIBIT A -1 TASK LIST LARGE AE- E12115.doox - Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 4 bore holes will be required to identify the underground utilities associated with this project. Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ", and shall be in accordance with Section 8 under Additional Services in Exhibit "A ". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be determined START -UP SERVICES Not applicable WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS Specifically Excluded from Scope and Budget (to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Sanitary sewer design. 2) Building design (restrooms). 3) Illumination design. 4) Offsite storm water, wastewater, and waterline improvements. EXHIBIT "A-1" Page 6 of 6 Revised A ril 2010 K AEngineering DateExchangelClarissaJlParks1E12115 -Community Park Development & ImprovementSkUntract -Martinez Guy Mayb!W EXHIBIT A -1 TASK LIST LARGE AE- E12115.docx EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to. the City's Risk Manager, The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non- renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 =EXHIBIT KAEngineering DaleExchanga4ClarissoJLParks5E12115 - Community Park Development & Improvemenls4Conlracl - Martinez Guy MaybM4 MOT B INDEMNIFICATION OCT 2010 docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should- there -be -a- lapse -in- coverage -at- any - time- daring- this - contract. Failure- to- prode and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or, property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence -of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. - ExHIBIT "B" Pa e 3 of 3 KAEngineering DaleExchaage \ClarissaJLParks%E12115 -Community Park Covetopmenl & ImprovemenlsAConlracl • Martinez Guy MaybM4 EXHIBIT B INDEMNIFICATION - OCT 201 D.docx F 1. W Z V LLI H.- to OOCG azZ u LLI 0 teIL"' IL O v O � 09 � y a- 0 0 [7" d C � O C) N O Z .O V- O Z V r7 G A -O- o -Lo- M u? N O O G q C O r r O O M- O r t+7 r -N- - N o V N O O t7 Q C C1 Q Q p ©❑ a o O o tt u � m N F- Cl Lo 0 e- 9 63 � 0000000 ¢o o as �aov nm¢� H H to v w I r r 61). T- 60* T- 61% 00000 o O Q p p p a H M H $ .008 64), .- 61)� °ra. 0 °aeNg Cm g O 0 uoioi°n ti MI) N O ti (4 elf WP � r� r � l 64 G O ° N © ©❑ N N N 00 t0P? bd4 N Ca N co m m N tD oe �NQ ❑ ❑ ❑N ©N N C) Q Q 6% e e-^ O rw r" 6R N3 64 CMj b4 g 0 17 0 d Q Q ❑❑ p 0 d O d qOq O. �7 LO .¢ O O F O 00 O N N N � � 6NR � i Y' �1 ol EXHIBIT "C" Pane 1of1 d a. v N it ?-, d 0 m �!} .9 r= rna N o V N ol EXHIBIT "C" Pane 1of1 N V N co as �aov nm¢� w ol EXHIBIT "C" Pane 1of1 SUPPLIER NUMBER TO BE ASSIGNED I3Y� PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Carpus �ISCLOSU OF INTEREST ST -- - - h�i�isti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to dQ business with the City to provide the following information. Every uestion must be answered. If the question is not applicable, answer with "NA ". See reverse side for Piling Requirements, Certifications and definitions. COWANY NAME: Martinez, Guy & Maybik, Inc. P. O. BOX: STREET ADDRESS: 6000 S. Staples St. Suite 207 CITY: FIRM IS: 1. Corporation 2. Partnership B 4. Association 5. Other Corpus Christi 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." N me 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." Namg Consultant EXHIBIT "D" Page I of 2 78413 S 4� FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect,that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the - matter, - unless- the interest -of -the Cityoff�al or employee in the matter sc is apparent. he a osure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 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: Ricardo Martinez, P. E. Signature of Person: DEFINITIONS President Date: s� a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic. benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "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. d. "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. e. "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. "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." g. "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 "D" Page 2 of 2 DATE: March 20, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Temporary Tax Abatement for 164 Corpus, Ltd. (Bay Vista II Apartments) for the property located in the 800 block of Carancahua Street CAPTION: Approving a resolution authorizing the execution of an agreement with 164 Corpus, Ltd. (Bay Vista II Apartments) providing for temporary property tax abatement PURPOSE: Granting a tax abatement to 164 Corpus, Ltd. for a term of up to eight years. BACKGROUND AND FINDINGS: 164 Corpus, Ltd. submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located in the 800 block of Carancahua Street. The development is located within the Council designated downtown catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, 164 Corpus, Ltd. is seeking tax abatement as per section 2 (i)(3) of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad- valorem tax will be abated based on the following schedule: • Years 1 -5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The building to be constructed will become multi - family housing. Improvements are estimated to be approximately $17.9 million of which $16.2 million is eligible for tax abatement. The property is currently appraised at $743,928. This project will create 7 permanent jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Level 3 treatment. It is in a catalyst area as defined by the City Council. EMERGENCY /NON- EMERGENCY: NON - EMERGENCY FINANCIAL IMPACT: ❑ Operating N Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 508,3661 5087366 BALANCE 1 5087366 1 5087 366 Fund(s): General Comments: The amount of taxes for ten years for the unimproved property would be $42,445. With the tax abatement, the amount of property tax collected over the base amount of $743,928, will be $508,366 in new tax revenues. RECOMMENDATION: Staff recommends approval to grant a temporary tax abatement to 164 Corpus, Ltd., the owner of taxable property located of Carancahua Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with 164 Corpus, Ltd. providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by 164 Corpus, Ltd. for the construction of a facility in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with 164 Corpus, Ltd. providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with 164 Corpus, Ltd., attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2013. ATTEST: Armando Chapa City Secretary RESOLUTION -Tax Abatement 164 Corpus 01 -17 -13 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION -Tax Abatement 164 Corpus 01 -17 -13 MEMO This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. 11��i 111! 11111 2LM.1MR=. UUM EMME 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic fevelopment purposes under the Act 2. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. (a) The Construction Phase ends upon the earliest to occur of the following events, (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion,; based upon the above criteria and the other factors as the City may deem relevant. (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substa-ktial evideice role. Tax Abatement Agreement Bay Vista H W W Z A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in pa within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached this Agreement and made a part of this Agreement. The Property is located within a zone tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the Ci if Corpus Christi, Texas. g MOJ M 1 11r4pra Bloto Maw lar-11161AILO ra C--z 1 V&SI amy-14tvi 4 LvItIRLOIRIII Is —1111- - HKMM�� Land $54,270 Tax Abatement Agreement Bay Vista ii IF 11 1111:111i", II flissfllr "� Land $473,658 EMIGHEM Land $216,000 C The City and the Owner agree that the value of any add;itions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is- Additional Improvements: $0 D. Addition of the above amount to the valuation of r as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: .11 MEM MIA 1T1 14 4< ., 11110,111 Uut 11 1, dFIU III EIS: C.;C111 Fitay LIM ^UelLUIFFUIF year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of t abatement period. All terms and conditions imposed upon the Owner continue in effect dun the period, and the Owner is obligated specifically to continue the minimum employment leve 11 specified in this Agreement. Any default is subject to the provisions of Article VIII of th Agreement. OTA M LII fl] k 11111 M11I. RMMITZ-F. MM r # - , go- - M s-�ffig Ta x Abatement Agreement Bay Vista ii 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. kyj W_-1 & rel I 1',, 111 d W Xt#M#Hi A. The Abatement provided by this Agreement is based upon a downtown revitalization housing facility, Owner represents and warrants that this project will add seven (7) additional permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement, the percentage of tax abated is under the following schedule- Construction Period 100% (not to exceed 2 years) Year 1 100% Year 2 100% Year 3 100% Year 4 75% Year 5 50% Year 6 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-till position providing regular work schedules at least 35 hours per. week. For complian purposes, the determination it is january 1 of each year commencing with the January following the date of completion of construction. The percentage of abatement provided ea year under this Agreement is based upon the employment information as of january I of t year. As a result, the actual amount of abatement may vary from year to year based up employment levels and property valuations. BOOM= I W I 1, 1 ogitmall-711161ul 4 H a !Maw* w i ti;;:�Iiltrl (Tax Rate) x [(85% of ffflnimum Investment - Actual Minimum Investment) x (100% Abatement %)] = Additional Tax. I I=' r*115 E Tax Abatement Agreement Say Vista It A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the; Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add seven (7) permanent or full-time operating or contract employee and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to anotler. A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of seven (7) permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of seven (7) permanent jobs by the next January 1, then this Abatement Agreement terminates ZAt 2M 244�t."' * rg 4 ` �. ! M& -i a-4-4 lirr&.-� We,-, A76i"fm 6 HW11V days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility completed and begins operation with the required minimum number of permanent jobs, b subsequently discontinues operations or the minimum number of permanent jobs is n maintained on any January I during the term of the Agreement after the completion 4. construction, for any reason except on a temporary basis due to fire, explosion, or oth casualty, accident, or natural disaster, the Agreement may be terminated by the City, and taxes previously abated by virtue of this Agreement are recaptured and must paid within days of the termination, I 1. MEREMEIM M- law, WMIIAM. -WROM I 111 UU11111MR01119=_ 0 I Tax Abatement Agreement Bay Vista I I within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may ba. terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is addel-0 to the current total value of the City, but is not treated as "new property defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.0-4,2 (c) (2) of the Texas Tax Code and if the City's budget calculations indicate that a tax rat4 in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. to W, W. I ME- I i N I MIN 1 -9, Ma .0, OR'. M. Nr.01,-,iiioql-.@,,,-ro,,%-- lliso- -3 11ZIA VtDa SITAI 111= M rl wrl it 1:Xonlarmy] I 1 This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Te G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. JFALW "'IF ITAERIEW"FIK01111 Tax Abatement Agreement Bay Vista it 1. Owner must be afforded written notice of the default and the opportunity to cure az--� provided above, 2. If Owner believes the action was improper, Owner may file an appea,l in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. if the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.4Z 5. if the final determination of the appeal decreases Owners tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § r.. 4:. 1 K W-11 111T, I Lill I M 11 ZT-M III 3*= (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. Mir 1 'il M 11gulknizaanuo 1-ki MERE= Tax Abatement Agreement It Bay Vista I I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 4. Submit to the Nueces County Appraisal District an Application for Property Ta�l Abatement Exemption (Texas Comptroller of Public Accounts Property Tax Form 50- 116). A copy must be forwarded to the City. F. Living Wage Requirement. In order to count as a permanent full-'time job under this t abatement program, the job should provide a "fiving wage" for the employee. The target livi wage under this abatement program is that annual amount equal or greater than poverty le for a family of three, established by the U.S. Department of Health and Human Servic Poverty Guidelines, divided by 2,080 hours per year for that year. —' ME? Tax Abatement Agreement Bay Vista II G. Health Insurance. To qualify for this incentive, an employer shall certify that it has oftred a health insurance program for its employees during the term of the Agreement. H. Undocumented Workers. 164 Corpus, Ltd. does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, 164 Corpus, Ltd. is convicted of a violation under §U.S.C. Section 1324a(f), 164 Corpus, Ltd. shall repay the payments at the rate and according to the terms as specified by City Ordinance, as ,2mended, not later than the 120 1h day after the date 164 Corpus, Ltd. has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld, C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities are joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. X1. NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn -. City Manager li �-M Tax Abatement Agreement Bay Vista 11 I z- - Irstalwitoumv.. I C. Either party may designate a different address by giving the other party ten days writter notice. This Agreement has; been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this _ day of .2012. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By o. Armando Chapa Ronald L. Olsor City Secretary City Manager F-11413711 rov,711114-21r] 7LIT41h Page 10 of 14 Tax Abatement Agreement Bay Vista 1111 AP,Y PUBLIC, State of Texas SCHEDULE1 "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor" (total). 5. Number of jobs created in the construction project (local), 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improverne temoli�tion, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings a i,caffolding, insulation, temporary construction facilities, supplies, equipment rental construction, small tools and consumables. This term does not include major items machinery and equipment not readily-available locally. ** "Labor" is defined to include all labor in connection with the excavation, site i:mproveme demolition, concrete construction, structural steel, fire proofing, equipment placement, pipint electrical, instruments, painting and scaffolding, insulation, construction services, craft benefi" payroll burdens, and related labor expenses. This term does not include engineering servicesi connection with the project design, I The term "local" as used to describe manufacturers, suppliers,; contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. [imlilnsfi[ Tax Abatement Agreement Bay Vista 11 UM M_ ifimaziml AD '611,01 FRUK ul Cal d I III I L'd 0 LF tlu L L) IF ly L)IIII U'Ur t-,U LJ7 OvIl Iff 1"M LUI 0 U Ulct, r 1111 1aFr7kTW, R Coleman Street�. The Project is to consist of 164 multi-family dwelling units containing approximately 129,642 square feet along with a multi-level parking garage containing 360 parking spaces, a club hiouse, and various recreational areas with an investment of at least $16,200,0W Tax Abatement Agreement Bay Vista 1'i EXHIBIT B a& ATU 1 a u:- A= 11111 1011111111i'lill 16=111M. I I li� I � I RMIN I N 101'aaw 90 F 144 U I A' 111 IF I I d f j 1111 r 1 1 rw7lvill";�' IVF tilt! !SVULF1'Kt!bL G0111W 01 LOt D, sal [OCK I �idfne uUnly the southeast comer of said Lot 5, and of this tract; of said Coleman Street as follows, North 840 3000" East, 1 59 74 feet (plat= 168.00 feet) for a corner of this tract; North 05030'00" West, 4.50 feet for a comer of this tract; North 84'40'00" East, 9.50 feet for a corner of this tract; %iouth 05030'00" East, 4.5 feet for a corner of this tract North 84030'00" East, 223.08 feet (plat=222.9:2 feet) to a 5/8 inch rod with a red plastic cM# stamped a® Engr C.C. Tx" set on the east boundary • South Upper Broadway, a public roadway, for a corner of said Lot T, and this tract; Thence, North 20013'36 West, along the east boundary • said South Upper Broadway, a listance • 10.34 feet to a 5/8 inch iron rod with a red plastic cap stamped "Urban Engr C.C. TIA r.et for the southwest corner of Lot 2, Shoreline Terrace, a map of which is recorded in Volume 26, Page 83, Map Records • Nueces County, Texas and the comer of this tract; i�M Tax Abatement Agreement Bay Vista 11 ;MI oil I M-e, I nence, Vo—u =M, the West boundary ot said of 200.05 feet (Plat=200.64 feet) to a drill hole set for the northeast corner of said Lot 6, same being southeast corner of said Lot T, and of this tract', Thence, South 84030'00" West, along the common boundary of said Lots 6 and T, a distance of 226.49 feet to a common north corner of said Lots 5 and 6, from which point a 1 inch iron pipe bears South 84030'00" West, a distance of 0.24 feet, thence North 0530'00" West, a distance of 0.57 feet-, Tax Abaternent Agreement Bay Vista II DATE: March 25, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Roland C. Mower, President/CEO Corpus Christi Regional Economic Development Corporation (361) 882 -7448 rcmower@ccredc.com Chapter 380 Agreement for voestalpine Texas LLC CAPTION: Approving a resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits for the benefit of the City. PURPOSE: The Chapter 380 agreement between the City and voestalpine Texas, LLC will provide economic incentives to develop and operate an iron and steel production facility in the City's extra territorial jurisdiction. The agreement provides for sharing certain tax revenues over a twenty year term. BACKGROUND AND FINDINGS: voestalpine Texas, LLC is a wholly owned subsidiary of voestalpine Eurostahl an Austrian steel manufacturer and processor. voestalpine has been in business for over 50 years and has over 46,000 employees worldwide. They will construct a direct reduced iron ( "DRI ") plant for the production of hot briquetted iron ( "HBI ") with an estimated annual production of 2,000,000 tonnes within the City's extraterritorial jurisdiction on land owned by the Port and may construct piers that may extend into the city limits. They wish to have an agreement to have predictability in their tax structure. voestalpine will invest up to $700 million in their plant and create up to 150 full time jobs in this phase. Future phases for this project are possible and probable. This phase is expected to create almost 2,500 peak construction jobs ALTERNATIVES: Failure to address this issue would result in the company selecting another site for their plant. OTHER CONSIDERATIONS: voestalpine expects to enter into a Chapter 381 incentive agreement with San Patricio County and expects to enter into a tax abatement agreement the San Patricio County Drainage District and will be applying for a Chapter 313 Value Limitation with Gregory - Portland ISD. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the Chapter 380 agreement between the City of Corpus Christi and voestalpine. LIST OF SUPPORTING DOCUMENTS: Resolution Certification of Funds Chapter 380 Agreement Page 1 of 2 Resolution Authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with voestalpine Texas LLC ( "Agreement ") for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. WHEREAS, the City has established a program in accordance with Article III, Section 52 -a of the Texas Constitution and Chapter 380 of the Texas Local Government Code ( "Chapter 380 ") under which the City has the authority to make loans or grants of public funds for the purposes of promoting local economic development and stimulating business and commercial activity within the City; and WHEREAS, City Council deems that the Agreement is in compliance with the City's Chapter 380 Economic Development Program Policy adopted by Resolution 028424 on November 17, 2009, and it is the best interest of the City and citizens to approve the Agreement with voestalpine Texas LLC for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council declares the recital paragraphs of this Resolution to be true. The City Manager or the City Manager's designee is authorized to execute the Agreement, which is on file at the City Secretary's office, with voestalpine Texas LLC for certain economic development grants for development of an iron and steel facility within the City's extraterritorial jurisdiction and for construction of docks potentially within the Corpus Christi city limits, for the benefit of the City. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary RESOLUTION voestalpine 380 Agmt 3 -20 -13 Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION voestalpine 380 Agmt 3 -20 -13 Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of 4/9/13 1852 Action Item for the City Council Meeting of 4/23/13 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent PeterD @cctexas.com 826 -3980 Interlocal Agreement with TAMU -CC National Spill Control School and City of Corpus Christi Marina - Oil Spill Training and Equipment Storage CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University - Corpus Christi regarding operations in Corpus Christi marina. PURPOSE: The purpose of this agreement is to establish a framework for collaboration between the National Spill Control School and the Corpus Christi Marina which assures mutually beneficial conditions but involves no exchange of funds between the two organizations. The National Spill Control School will provide equipment and training. The Corpus Christi Marina will provide storage space and access to utilities (fresh water rinse). BACKGROUND AND FINDINGS: The Corpus Christi Marina staff requires emergency Oil Spill response training to hazardous oil spills occurring within the marine confines from water borne vessels including land based sources. TAMU -CC, National Spill Control School is able to provide this training in exchange for a storage location for their equipment such as oil booms, absorbent spill pads and skimmers. This equipment would be utilized as a first response in an emergency situation. ALTERNATIVES: "Not applicable" OTHER CONSIDERATIONS: "Not applicable" CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON - EMERGENCY: Non emergency DEPARTMENTAL CLEARANCES: "Not applicable" FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable There will be no financial impact. The purpose of this agreement is to establish a framework between the National Spill Control School and the Corpus Christi Marina which assures mutually beneficial conditions but involves no exchange of funds between the two organizations. Comments: None RECOMMENDATION: City staff approve of this mutually beneficial exchange and cooperation between the National Spill Control School and the Corpus Christi Marina Department. LIST OF SUPPORTING DOCUMENTS: 1. Resolution. 2. Interlocal agreement. Page 1 of 1 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with Texas A &M University — Corpus Christi regarding Corpus Christi Marina operations Be it resolved by the City Council of Corpus Christi, Texas; SECTION 1. That the City Manager or is authorized to execute an Interlocal Agreement with Texas A &M University — Corpus Christi regarding operations in Corpus Christi Marina. A copy of the Interlocal Agreement is on file in the office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott il STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF NUECES § This Interlocal Agreement made and entered into this day of 1 2013, • and between Texas A&M University-Corpus Christi acting through its National Spill Control School, and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter •' Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the Texas A&M University - Corpus Christi ("TAMU-CC") and the City are local governments as defined in Texas Government Code, Section 791-003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law: and WHEREAS, both the City and TAITITI-CC represent to one another that each respective party has the authority to enter into this agreement and perform the *bligations and duties stated herein; and WHEREAS, the National Spill Control School at TAMU-CC and the City oll Corpus Christi Marina envision an era of expanded cooperation building upon the many years of successful collaboration already appreciated by both organizations; and WHEREAS, the ® Spill Control School at Texas A pus Christi TAMU-CC has been using the City of Corpus Christi Marina boat ramps, a small area • L-Head space adjacent to the boat ramps, storage spaces, and waters inside the protective bulkhead to conduct periodic spill response training exercises for over 10 years; and WHEREAS, these facilities have been used only during the National Spill C • n t r o I S c h o • I course exercises; and WHEREAS, prior the 9/11 events in 2001, since its inception in 1977, the National Spill Control School had conducted some spill response exercises inside the harbor of the Port of Corpus Christi and the shift • location to the Corpus Christi Marina was in the interest • homeland security; and N MMMM WHEREAS, the TAMU-CC and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by TAMU-CC and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("The Agreement")- I 2) Sufficient anchor systems with anchors, chain, rope, and floats to support the deployment of the stored boom, 3) One or more oil spill skimmers and associated motors and oses, A) At least one gasoline or diesel or hydraulically powered pump. 11 1145TI1011MOHIMUMMEM, — E,11MMEMS0,11 TjjWAVF #JUNS-1 JTJUUA VMLI ■ annncrolyw Official notice shall be ,<»« ®» notice and dx » ®< to «l/ 2® parties to this Agreement. Delivery shall be by deposit in the United States Postal Service, first class, return receipt requested to: TO TAMU-CC Texas A&M University-Corpus Christi Attn: D|mGor of i Natonal Spill Control School 6300 Ocean Drive Corpus Christi, Texas 78412 TO THE CITY: City of Corpus Christi Attn: Marina Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 IE M IN WITNESS WHEREOF this Agreement has been exeOpted on behalf of tht City of Corus Christi and Texas A&M University —?£t» Christi In © -«z« © r provided by law. ATTEST: By: Armando Chapa City Secretary By: Bruce A. Payne Director, Contracts & Property to DATE: March 28, 2013 TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of April 9, 2013 Action Item for the City Council Meeting of April 23, 2013 FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 RESOLUTION REQUESTING STATE LEGISLATION ALLOWING LOCAL GOVERNMENTS THE OPTION TO GENERATE REVENUE FOR STREET REPAIR AND MAINTENANCE WITH ADDITIONAL FINANCING TOOLS. CAPTION: Resolution encouraging the 83 d Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. PURPOSE: To encourage support by the Coastal Bend legislative delegation of legislation that would authorize municipalities to generate revenue to fund street repair and maintenance through local option vehicle registration fees, gasoline taxes or other mechanism. BACKGROUND AND FINDINGS: The Council adopted a legislative policy priority on October 16, 2012, that recommended giving local governments access to a variety of financing tools, and further recommended removing any restrictions that limit flexibility to use economic incentives to address community- specific transportation infrastructure needs through all project phases. No localized legislation was drafted to generate additional revenue for transportation projects, such as city street repairs and maintenance. Since pre - filing of legislation began on November 12, 2012, the IGR Director has reviewed all bills related to transportation funding and continues to track them throughout the session. Bills are identified which may deal with the subject of funding transportation infrastructure and determine whether they are specific to funding for the Texas Department of Transportation (TxDOT) or whether they are specific to local funding. If any bills are germane to local transportation funding, but which need an amendment to achieve the City's goal, the IGR Director and /or the City's lobby team communicate with the author of the bill. The majority of transportation funding bills filed this session address funding for the TxDOT and only a few address funding needs at the county level — not municipal. As the Mayor and City Council work with City staff on development of a street user fee system, there is still significant Council interest in exploring a local funding option through legislative action. Council requested City staff to prepare a resolution to send to members of the Coastal Bend legislative delegation recommending that they take action during the 83 d Regular Session of the Texas Legislature to enact legislation that would authorize municipalities to generate revenue to fund street repair, rehabilitation, and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism. Given the lack of local option funding legislation, the City Council wanted to remind members of the Coastal Bend legislative delegation of the need for additional transportation project financing tools. ALTERNATIVES: The City Council could: (1) Adopt the resolution, (2) Vote against the resolution, or (3) take no action. It is too late in the Regular Session to consider filing a local- option bill empowering only the City of Corpus Christi due to public notice requirements and the limited number of days remaining in the 140 day session. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY /NON- EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Assistant City Manager for Public Works; Assistant City Manager for Business Support Services; City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: 1. Resolution RESOLUTION ENCOURAGING THE 83RD TEXAS LEGISLATURE TO ENACT LEGISLATION AUTHORIZING MUNICIPALITIES TO GENERATE REVENUE TO FUND STREET REPAIR AND MAINTENANCE, THROUGH LOCAL OPTION VEHICLE REGISTRATION FEES, GASOLINE TAXES OR OTHER MECHANISM. WHEREAS, The City of Corpus Christi has approximately 1,204 miles of streets; and WHEREAS, Over the years, numerous factors, including funding constraints and new street miles being added to the city's inventory at a faster rate than the growth of the tax base and population, have resulted in deferred maintenance of city streets, and furthered deterioration of the street infrastructure; and WHEREAS, Street maintenance has been deferred to the point that 50% of City streets are considered to be in "Fair" and "Good" condition and 50% are considered to be in "Poor" condition. It is important for the City to prevent the Good streets from further deterioration; and WHEREAS, Street maintenance is current funded at approximately $11 million of which approximately 50% is used towards preventative maintenance (seal coat and crack sealing) and 50% towards reactive street work (pot hole repair, base failures, utility cuts, etc.); and WHEREAS, In order to get on a systematic seven -year preventative maintenance cycle, the City would need an additional $15 million a year; and WHEREAS, In November of 2010, the City Council passed a resolution approving the formation of the Street Maintenance Finance Ad Hoc Advisory Committee to evaluate various funding options, and further, on January 31, 2012, the Final Report from the Committee was presented to City Council recommending adoption of a Street User Fee and examination of alternative /additional funding mechanisms, policy changes and a recommended funding level of $55 Million per year; and WHEREAS, After evaluating the Committee report, the City Council agreed that a minimum of an additional $15 million per year is needed for street maintenance; and WHEREAS, Over 19 presentations or action items have been brought to City Council since 2010, to create a Street Improvement Plan; and WHEREAS, The City Council adopted a legislative policy priority on October 16, 2012, that recommended giving local governments access to a variety of financing tools, and further recommended removing any restrictions that limit flexibility to use economic incentives to address community- specific transportation infrastructure needs through all project phases; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS That the Corpus Christi City Council hereby Encourage the 83rd Texas Legislature to enact legislation authorizing municipalities to generate revenue to fund street repair, and maintenance, through local option vehicle registration fees, gasoline taxes or other mechanism; and BE IT FURTHER RESOLVED, that copies of this resolution be presented to members of the Coastal Bend legislative delegation. PASSED AND ADOPTED this sixteenth (16th) day of April, 2013. APPROVED this sixteenth (16th) day of April, 2013. Mayor of the CITY OF CORPUS CHRISTI Pursuant to Article XXX, Section XXX, CORPUS CHRISTI City Charter, the effective date of the foregoing resolution is City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott FAR • Y�t AGENDA MEMORANDUM Future Public Hearing for the City Council Meeting of April 9, 2013 Public Hearing /Resolution for the City Council Meeting of April 23, 2013 DATE: 3/26/2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services EieO _cctexas.com 361- 826 -3234 FROM: Rudy Bentancourt, CD Administrator RudyB @cctexas.com 361- 826 -3021 Public Hearing /Resolution adopting the FY2013- FY2017 5 Year Consolidated Action Plan. CAPTION: Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. PURPOSE: Purpose of Public Hearing is to abide by HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on proposed project funding for FY2013 -2017 5 -year Consolidated Action Plan. The Resolution proposed will adopt the FY2013- FY2017 PLAN and allow submission of the PLAN to HUD. BACKGROUND AND FINDINGS: The FY2013 -2017 5 Year Consolidated Plan provides an overview of housing and homeless needs in Corpus Christi, an analysis of the housing market, and a strategic plan for meeting needs identified through the development of the document. The analysis included utilizing the 2007 -2011 American Community Survey data, along with 2010 U.S. Census data, with information gathered locally, including a homeless survey conducted in Corpus Christi, a survey of citizens in prioritizing needs, real estate data provided by the Association of Realtors and the Apartment Association, and building permit data compiled by the City of Corpus Christi. The major sections of the Consolidated Plan include Consultant and Citizen Participation, Housing Market Analysis, Housing and Homeless Needs Assessment, Strategic Plan and Annual Action Plan. The FY2013- 2017 Consolidated Plan will be submitted to HUD on June 13, 2013 for review and approval following the required 30 -day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON - EMERGENCY: This item is non - emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT Not applicable Fiscal Year: 2013 -2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Resolution Resolution adopting the fiscal year (FY) 2013- FY2017 Consolidated Action Plan (PLAN) which includes the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships Programs (HOME); authorizing the City Manager or designee to submit the FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban Development (HUD); and authorizing the City Manager or designee to make changes to the FY2013- FY2017 PLAN if required by HUD. Whereas, with proper notice to the public, published on April 21, 2013 in the Corpus Christi Caller Times, a public hearing was held on Tuesday, April 23, 2013, during a meeting of the City Council, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that adoption of this resolution would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2013- FY2017 PLAN, which includes the CDBG, the ESG, and the HOME Programs is adopted. Additionally, the City Manager or the City Manager's designee is authorized to submit the FY2013- FY2017 PLAN to HUD and is further authorized to make changes to the FY2013- FY2017 PLAN if required by HUD. PASSED AND APPROVED this day of Meeting of the City Council of the City of Corpus Christi, Texas. Attest: Armando Chapa City Secretary , 2013 at a Regular City of Corpus Christi Nelda Martinez Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott to AGENDA MEMORANDUM for the City Council Meeting of April 9, 2013 DATE: March 18, 2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com 361- 826 -7205 STAFF PRESENTER(S): Name 1. None OUTSIDE PRESENTER(S): Name 1. James Mobley, MD BACKGROUND: UPDATE TO CITY COUNCIL Regional Health Awareness Board Briefing Title /Position Title /Position Chairman Department Organization Regional Health Awareness Board Regional Health Awareness Board was created in 2003 to connect public, government and industry on issues regarding health, safety, and the government. The board is comprised of thirteen (13) voting members representing a cross - section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County for three -year terms. At -large members are appointed to three -year terms as follows: 1 -City of Corpus Christi, 1 — Nueces County, 1 — San Patricio County, 2 — Port Industries of Corpus Christi, 1 — Texas A & M — Corpus Christi, and 1 — Texas A & M — Kingsville. Additionally, there are four (4) ex- officio /non- voting representatives, one (1) from each of the following agencies: Texas Commission on Environmental Quality, Environmental Protection Agency, Nueces County /City of Corpus Christi Public Health District and San Patricio County Department of Public Health. The Regional Health Awareness Board is funded through an Inter -Local Agreement between The City of Corpus Christi, Nueces County and San Patricio County LIST OF SUPPORTING DOCUMENTS: PowerPoint PP irl, a , I tup"ll", I U) a) 0 -C - L) U) 4- 0 Z3 0 U) CU A) co C -W E U) 0 a) m C) 0 0- C: m a) C) 0) 0 Z cn a) a) 00) L- C7 CL ui -C° rt 0 CL a) -0- E - c N a) 0 c . =Z .— > tf C: (D 4- Co LLj C: 0 M a) 4— M 7FD a) < 11 0 0 1 x w 4— 0 C7 0 " a) 0() c 4- 0 >I.— 0 a) .L- Z C7 cry 0 a) E 0 n rry cy) < E a) a) 0 IL 0 m N 15 (D 70 C7 0 C) 0 0) C: -0 -i5 CU 4- c M -1.- c co a)= E E cn cn 9?'E -1— �2 E a) > cn > a) -o E C: a) a) 70 CU up a) a) a) -o 0 a) L- cn 0 cn U) U) in c: c6 L- a) U) 0 o o o o a) E6 C cn a LZ a) c: = 0 CU cc 0 m -U5 00 0 E w 4- U) 0- I I 1 0 1 1 1 1 1 1 z z° .< � � � c .. . » - a > \ � � � — ...... / ,.. . � « « .« . - > a � . . . _. ,.. . � � � . :a m / ,< a � < .d y } « » \ �� `� . � . \\ \ � . 2 w mm. . . �— . � ®© y\ � . « � » 2\ . » © °� - . _ . . . \ .\ ., ZZ\ � � � � \ / d ._. � . � . w. . � . « » y � Q 0-0 O 0 O D 0 ci Q O Q D 0 O O' 0,0 r- r CYj S'7 N M a© {f} tpt {f} 61)-- Q` O 0 0 010 D 00 Q Q Q 0 D D D U E cft .}.1 LM CL cn .� (%j (n N N 3 o Yp Q :, ` C) 0 ul m X W c C/) C) _ �- o tt3 _ O U) U {.. U) 0 Z U) U 1-^ mp to AGENDA MEMORANDUM for the City Council Meeting of April 9, 2013) DATE: March 18, 2013 TO: Ronald L. Olson, City Manager FROM: Keith Arnold karnold @visitcorpuschristitx.org 361- 331 -1720 UPDATE TO CITY COUNCIL Corpus Christi Convention and Visitor's Bureau Briefing STAFF PRESENTER(S): Name 1. 2. 3. OUTSIDE PRESENTER(S): Name 1. Keith Arnold 2. 3. BACKGROUND: Quarterly Briefing to City Council Title /Position Title /Position CEO LIST OF SUPPORTING DOCUMENTS: Presentation Department Organization CC CVB L mmmm 4 w 100 r C6 RT 04 w i' +e 4� a � � s s 1#41 F � M F W3 e i L w r i' +e a � � s s F � M e :.. . � El El EM �% � \ � \ 2 2 z ƒ m ± k Oo � El El I 3d�� ©! � » : �: \ �` \� ^` ` :.. . � El El k � < ! : j � \� .} � \ °\ §�\ � \ � � t 1 R % «y A