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HomeMy WebLinkAboutAgenda Packet City Council - 09/21/2004CITY COUNCIL AGENDA SEPTEMBER 21, 2004 Corpus Ch risti AlI-AmedcaCity 11:45 A.M. - Proclamation declaring September 21, 2004 as "International Day of Peace" Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD SEPTEMBER 21, 2004 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of ~he audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into ~he 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 difigirse al Concilio y cree que su ingl&s es limitado, habr~ un int~rprete ingl&s-espat~ol en todas las juntas del Concilio para ayudarte. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Deacon Fino Palacios, Corpus Christi Cathedral. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of September 14, 2004. (Attachment # 1) Agenda Regular Council Meeting September21,2004 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a two reading ordinance; 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. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requidng separate discussion have been acted upon. The remaining items wiil be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase and installation of bi-directional radio amplifier system from Dailey & Wells Communications, Inc., San Antonio, Texas in the amount of $44,712.22. This award is exempt from the competitive bidding statutes. Funds are available from the Airport Capital Improvement Program bond funds. (Attachment # 2) Motion to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care Food Program (CACFP) to provide after school snacks to youth enrolled in after school enrichment programs for FY 2004-2005. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Rear to legend at the end of the agenda summary) Agenda Regular Council Meeting September 21,2004 Page 3 Ordinance appropriating a grant in the amount of $206,451 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No. 1067 Park and Recreation Grants Fund providing for after school supplements for youth enrolled in approved after school enrichment programs for FY 2004-2005. (Attachment # 3) Resolution authorizing the City Manager or his designee to execute an Intedocal Cooperation Agreement with Corpus Chdsti Independent School Distdct for the After School Snack - Child and Adult Care Food Program. (Attachment # 3) Motion authorizing the City Manager or his designee to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $97,546 with Kleinfelder of Corpus Chdsti, Texas for the Southside Water Transmission Main, Phases 4 and 4a (Staples Street to Holly Road). (Attachment # 4) Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Chdsti, Texas in the amount of $111,246, for a total restated fee of $980,219 for the Water System Interactive Hydraulic Model and Analysis. (Attachment # 5) Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $53,238.24 for the Bear Lane Bddge project. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Chdsti, Texas, in the amount of $300,000 for a total restated fee of $1,348,480 for the Storm Water Master Plan Project. (Attachment # 7) CiTY COUNCIL PRIORITY ISSUES (Refer lo legend at I~e end ol'~e agenda summary) Agenda Regular Council Meeting September21,2004 Page 4 10. 11. 12. 13. Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the Seawall Contract B-2B with Gunther Nash, Inc., of St. Louis, Missouri in the amount of $222,212 for backfill of existing voids and installation of approximately 14,500 square feet of reinforced concrete paving on the Cooper's Alley L-Head. (Attachment # 6) Motion authorizing the City Manager or his designee to execute Change Order No. 2 for the Transportation Security Administration, United States Customs and Border Protection Offices/Facilities with Beecroft Construction, of Corpus Christi, Texas in the amount of $46,778 to expedite the Continental Maintenance Facility Build-out. (Attachment # 9) Motion authorizing the City Manager or his designee to execute Change Order No. 59 with Fulton Coastcon, Inc., a Joint Venture, of Corpus Christi, Texas in the amount of $104,217.77 for the Corpus Christi International Airport New Terminal Building to complete extedor Terminal Expansion to address architectural, electrical, and mechanical modifications. (Attachment # 10) Motion authorizing the City Manager or his designee to execute an amendment to the consulting contract with TdData Corporation, of Arlington, Virginia in the amount of $79,663 approved by the City Council on July 13, 2004 to expand the scope of work to include a comprehensive analysis of the Corpus Chdsti Fire Department. (Attachment # 11) Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Meyers and Associates for governmental relations services. (Attachment # 12) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with Corpus Chdsti Softball Association ("Lessee") for use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refes' to legend aL t~e end of agenda surnma~) Agenda Regular Council Meeting September21,2004 Page 5 14. 15. 16.a. 16.b. 17. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year Lease and Use Agreement with South Texas Youth Football League, Inc. ("Lessee") for use of City property (Bill Witt Park) for Lessee's Pop Wamer Football program and in consideration of Lessee maintaining the premises and improvements. (Attachment # 14) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Chdsti AK Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. (Attachment # 15) PUBLIC HEARINGS: Public headng to amend the Platting Ordinance of the City of Corpus Christi by revising Section Ill. I. (3)(0 and Section V. B. (11 )(c)(4) removing the requirement for the Texas General Land Office written approval of state boundary determination of state owned submerged lands. (Attachment # 16) Second Reading Ordinance - Amending the Platting Ordinance of the City of Corpus Chdsti by revising Section III. I. (3)(0, and Section V. B. (11)(c)(4), removing the requirement for the Texas General Land Office wdtten approval of state boundary determination of state owned submerged lands. (Attachment # 16) ZONING CASES: Case No. 0604-06, Southwest Phoenix Group, Inc. and Dykeswill, Ltd.: A change of zoning from an "AT" Apartment Toudst Distdct to a "B-2A" Barrier Island Business District. The property is 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, located on the south side of State Highway 361 and three (3) miles north of Access Road No. 2. (Attachment # 17) CiTY COUNCIL PRIORITY ISSUES (Refer ~3 legend at Ihe end of agenda summary) Agenda Regular Council Meeting September21,2004 Page 6 18. 19. Plannina Commission and Staff's Recommendation: Denial of the "B-2A" Barder Island Business District, and in lieu thereof, recommend the Special Permit within the "AT" Apartment Tourist District for a retail shopping center subject to 14 conditions and site plan. ORDINANCE Amending the Zoning Ordinance, upon application by Southwest Phoenix Group, Inc. and Dykeswill, Ltd., by changing the zoning map in reference to 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, (currently zoned "AT" Apartment Tourist District) by granting a Special Permit for a retail shopping center subject to a site plan and fourteen (14) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0804-01, Suzanne Scott: A change of zoning from an "A-1 "Apartment House Distdct to a "B-1" Neighborhood Business District. The property is a 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3, located along the west side of South Carancahua Street and 60 feet south of Coleman Street. (Attachment # 18) Planning Commission and Staff's Recommendation: Approval of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Suzanne Scott by changing the zoning map in reference to 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3, from "A-l" Apartment House Distdct to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0804-02. Housing 2000: A change of zoning from an "AB" Professional Office District, "A-1" Apartment House Distdct with a "SP" Special Permit, "A-1" Apartment House District, and "A-2" Apartment House Distdct to a "B-5" Pdmary Business District. The property is in Hampton, Block 2, Lots 1 through 12, CITY COUNCIL PRIORITY ISSUES (Rear to legend at the end of the agenda summary) Agenda Regular Council Meeting September21,2004 Page 7 20. Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block 1, Lots lA, 2A, 3, 4, and 5, located along Furman Avenue between South Carancahua and South Water Street. (Attachment# 19) Planning Commission and Staff's Recommendation: Approval of a "B-5" Pdmary Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Housing 2000 by changing the zoning map in reference to Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block 1, Lots lA, 2A, 3, 4, and 5, from "AB" Professional Office District, "A-I"/SP Apartment House District with a Special Permit, "A-1" Apartment House Distdct and "A-2" Apartment House Distdct to"B-5" Pdmary Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0804-03, Wiedy Gunawan: A change of zoning from a "R-lB" One-family Dwelling District to a "B-l" Neighborhood Business District. The property is in Bass Subdivision, Block 29, Lots A and B, located on the north side of Sandra Lane, approximately 300 feet east of Aidine Road. (Attachment # 20) Planning Commission and Staff's Recommendation: Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB" Professional Office District. ORDINANCE Amending the Zoning Ordinance, upon application by Wiedy Gunawan by changing the zoning map in reference to Bass Subdivision, Block 29, Lots A and B from "R-lB" One-family Dwelling Distdct to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer I~ legend at Ihe end of agenda summary) Agenda Regular Council Meeting September21,2004 Page 8 PRESENTATIONS: Public comment will not be solicited on Presentation items. 21. Presentation of a regional park proposal by the Coastal Bend Regional Park Foundation, Inc. The foundation is interested in the development of a regional style park to provide outdoor educational, recreational, and eco-tourism activities. (Attachment # 21) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: CITY COUNCIL PRIORrFY ISSUES (Relier to legend a[ Ihe end o[ Ihe agenda summary) 22. Ordinance abandoning and vacating a 27,082-square foot portion of an undeveloped and unsurfaced 60-foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Ddve, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified conditions. (Attachment # 22) (RECESS REGULAR COUNCIL MEETING) L. MEETING OF CITY CORPORATION: 23. CORPUS CHRISTI COMMUNITY CORPORATION: (Attachment # 23) IMPROVEMENT AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION SPECIAL MEETING DATE: Tuesday, September 21,2004 TIME: Dudng the meeting of the City Council beginning at 10:00 a.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Chdsti, TX 78401 1. President Rex Kinnison calls meeting to order. Agenda Regular Council Meeting September21,2004 Page 9 2. Secretary Armando Chapa calls roll. Board of Directors Rex A. Klnnlson, President Javier Colrnenero, V~ce President Brent Chesney Melody Cooper Henry Gan'et~ Bill Kelly Mark Scott Jesse Noyola Samuel L. Neal, Jr. George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, A~st. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of Minutes of July 20, 2004. 4. Financial Report. 5. Revisions to Loan and Grant Rehabilitation Handbook. 6. Appointments to Loan Review Committee. 7. Public Comment. 8. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) PUBLIC COMMENT FROM THE AUDIENCE ON MATrERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se difige a la junta y cree que su ingl~s es limflado, habn~ un int(~rprete ingl&s-espatfol en la reuni6n de la junta para ayudafle. CITY COUNCIL PRIORITY ISSUES (Re[er ~n legend at We end o~ the agenda summary) Agenda Regular Council Meeting September21,2004 Page 10 24. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.074 for deliberations regarding the duties of Municipal Court Judges and the appointment of full time and/or part time municipal court judges with possible discussion action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concems; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 25. CITY MANAGER'S REPORT * Upcoming Items 26. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer [o legend at Ihe end of~e agenda summa~) 27. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting September 21,2004 Page 11 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the Ciys official bulletin board at the i=ront entrance to City Hall, 1201Leopard Street, at 11:00 a.m., September17 ,2004. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Re[ar to lege~l at Ihe end of agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 14, 2004 - 10:00 a.m. P][1jESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero (Arrived at 10:13 a.m.) Council Members: Brent Chesney Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABS 3NT Melody Cooper Mayor Neal called the meeting to order in the Council Chambers of City Hall_ The invocation was delivered by Pastor Mike Behrendt of Galilean Lutheran Church, ELCA, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal thanked Mayor Pro Tem Colmenero for presiding over the August 31 Council meeting in his absence_ Mayor Neal called for approval of the minutes of the joint Council meeting of August 24, 2004 and the regular Council meeting of August 31, 2004. A motion was made and passed to approve the minutes as presented_ Mayor Neal referred to Item 2 and the following board appointments were made: Electrical Advisory Board Bill Ewlng (Appointed) Richard Gray (Appointed) Nueces Count-,' Community Action Agency Mayor Loyd Neal (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member Jesse Noyola (Reappointed) Sister City Committee Randy Farrar (Reappointed) Hsiu "Mindy" Chang (Reappointed) Regis Barber (Reappointed) Sonia Quadros Heft (Appointed) Heather S. Moretzsohn (Appointed) Joseph P. Alley (Appointed) Venecia Kelly (Appointed) Vicki Garza (Appointed) Minutes - Regular Council Meeting September 14, 2004 - Page 2 Mayor Neal referred to the presentations on the day's agenda. He deviated fi-om the agenda and referred to Item 4, a presentation on the humcane evacuation lane on 1-37. TxDOT District Engineer Craig Clark introduced Mr_ Ismael Soto, director of transportation operations, to report on TxDOTs progress on hurricane planning and evacuation in the area. Although TxlX)T was working to improve the hurricane evacuation process on 1-37, Mr. Soto emphasized that the use of alternate routes and the need for citizens to develop individual evacuation plans were high priorities. Mr. Soto reviewed the evacuation issues learned fi'om previous humcane events. Three areas were especially susceptible to congestion as follows: the IFK causeway, the SH 358/1-37 interchange, and the 1-37/US 77 interchange. He said the greatest traffic congestion was experienced in the latter intersection, 1-37/US 77 interchange in the Calallen area. Mr. Soto discussed the various improvements made to each of the areas. Regarding the JFK causeway, he said an elevated section of the causeway was opened in August 2004_ A four-lane divided roadway was scheduled for completion in October or November 2004. Finally, he said the entire project was estimated for completion in November or December 2004. With regard to the SH 358 (South Padre Island Drive) and 1-37 area, Mr. Soto reported on several improvements. First, he said the one-lane connector ramp in that area had been converted into a two-lane connector ramp to address congestion problems. He said TxDOT had also milled the surface of this roadway to provide better traction in wet weather. Second, he said a $1,604,860.72 contract was awarded to Bay, Ltd_ to rebuild the Lantana Street overpass and re-work the S.P.I.D_ to northbound 1-37 connector to support two lanes. The work was scheduled to begin after hurricane season_ Third, he discussed progress on the plan to reduce the shoulders ofi-37 to create an additional hurricane evacuation lane. The plan was comprised of two projects as follows: an urban section approximately 18 miles long and a rural section approximately 51.5 miles long. He reported the northbound urban section was substantially complete and ready for use, and the rural section was close to completion. He said both projects were scheduled for completion this year. He noted the rural section of the project began at the 1-37 / US 77 interchange, and would convert the shoulder into a third evacuation lane until State Highway 72, north of Three Rivers. Mr. Soto stated that TxDOT would need 24 days notice to implement the necessary re-striping and signage for the project. Mr. Scott questioned whether the city would be able to provide TxDOT with three days notice before a hurricane event for lane re-striping and roadway signage_ Mr. Soto replied that advances in hurricane forecasting made this type of notice possible. He also said TxDOT had redesigned the plan for a quicker response time. Mr. Soto reported on signage improvements for the rural evacuation lane. He said they designed a standard sign with a plaque on the bottom right that can be changed quickly. Mr. Soto discussed the plan to txansition the hurricane evacuation lane back into a shoulder. He said the plan was to transition the roadway at State Highway 72, allowing citizens to take the following alternate routes: continue northeast on Hwy. 72 to Kames City; take S.H. 183 to the Austin/San Marcos area; or take Hwy. 16 at Three Rivers to San Antonio. In addition, he said TxDOT was In the process of implementing a new lane configuration to extend the limits of Hwy 72, and the San Antonio district in turn was working on intersecting this roadway to Hwy. 281 to Minutes - Regular Council Meeting September 14, 2004 - Page 3 Pleasanton. He stated that Hwy. 281 was a good route that could better handle the large capacity traff}c into San Amonio. He anticipated that the plan would be implemented by next year~ Mr. Soto also reported that 1-37 has been resurfaced with a new type of pavement called a "porous fi-iction course". The porous friction course served to reduce spray fi-om vehicles and improve ~'action in wet weather by making the rain flow through the pavement instead of over the surface of the pavement. In conclusion, Mr. Soto reminded the Council and the citizens there were alternate evacuation routes that were not being fully utilized as follows: US 77 to US 183; FM 624 to SH 16; SH 44 to Laredo; FM 43 to FM 665 to SH 44; and FM 70 to SH 44. He said even with all the hurricane evacuation route improvements to I-37, it would still be subject to congestion under heavy usage. He recommended that citizens work on their individual evacuation plans (e.g. to do list, pack provisions, alternate routes) now so they would be prepared to leave early in case of a hurricane evacuation. He said TxDOT, in conjunction with the city, had prepared brochures and maps delineating the alternate evacuation routes for the public_ In addition, he said TxDOT would provide up-to-date roadway information to the public during a hurricane evacuation event at their toll-fi'ce number (1-800-452-9292) or on their website (www.dot.state.tx.us/road conditions). Mr. Kelly acknowledged the new surface on 1-37 was extraordinary during wet weather conditions. He noted a dramatic difference in performance, however, where there were gaps between the old pavement and the new pavement. He asked when the gaps would be close& Mr. Clark replied TxDOT was in the process of filling the gaps now. Mayor Neal referred to Item 3, a briefing by the South Texas Military Facilities Task Force. Mr_ Steve "Spike" Karlakeas reported on their efforts to keep the area's military facilities open during the Base Realignment and Closure (BRAC) process. Using a baseball analogy, Mr. Karlakeas said the area was now in the seventh inning of a nine inning game. He said the Depastment of Defense's base closure process was moving forward quickly. Under the law, the DOD was required to disclose a list of proposed closures and realignments by May 16, 2005. He said, however, they had received a number of reports indicating that the DOD was accelerating the process and may complete its work by early next year. He said the task force was working on this assumption. Mr. Karlakeas stated Secretary of Defense Rumsfeld wished to close 25 percent of the installations in the United States, a.mouating to approximately 100 more bases. He said this BRAC would probably be the last round in our lifetime. Mr. Karlakeas thanked the city and the surrounding counties for their financial support of the military task force. He said now that the effort was in the eleventh hour, the task force needed additional reinforcements to strengthen their efforts_ First, they needed representation fi-om the senior leadership in the navy. Second, they needed a mine warfare expert to help further the region's case. He introduced Admiral Paul Ryan, the former commander of the city's Naval Air Station, who they have retained to provide the expertise. He also introduced Admiral Al Konet~ni, recently retired fi-om the navy, who they have retained as well. Admiral Konetzni stated he thought having Minutes - Regular Council Meeting September 14, 2004 - Page 4 a center of excellence in mine warfare in Ingleside, TX was of utmost importance to national security. He also though~ that if the tngleside facility was closed, the coantry wtmld have to wait for another facility to open, creating a great security risk. In conclusion, he was convinced keeping the military installations in the area open was well worth the fight. Mayor Neal referred to Item 5, the quarterly update from Work-Force 1. City Manager Noe introduced Mr. Oscar Martinez, noting that this would be his last time representing Work-Force 1 since he has was joimng city staff as an assistant city manager next month. Mr. Martinez stated Work-Force 1 Chairperson Irma Caballero was scheduled to give today's presentation, but was unable to attend, so he was making the presentation in her absence. Mr. Martinez stated the beard was looking at the selection of a new CEO as an opporttmity to seek an individual who would use a business model approach, had knowledge of the workforce system, had local relationships in the community, and add a business process and design to the organization. Mr. Martinez also reported on the new direction of the beard itself. He said the board was moving its focus from administrative and operational issues, and instead focusing on strategic issues affecting workforce services and economic development. Toward this end, he said the board would look at strategic partnerships to make its hmited resources go further, and to pursue grantwriting opportunities to better target the needs of the community beyond the limits of the usual workforce funding. In addition, the board desired to create more community involvement and development, and create a better relationship with economic development organizations in the area_ Mr. Martinez announced Work-Force I would host an economic development panel discussion for next week to inform economic development corporations in the region on the business needs in the area_ He said they would also share the results of the regional cluster analysis study performed by Dr. Jim Lee of Texas A&M University-Corpus Christi. He said the study would promote understanding which industries were particular drivers of the region's economy to ensure that Work-Force 1 services were positioned to support them. In addition, he said Work-Force 1 was working on city and county data to share with local elected officials and others to gauge whether they were truly responding to the needs of the community. In conclusion, Mr. Martinez thanked the board and the Work-Force 1 system for their support, and thanked for the opportunity to be of service. Mr_ Martinez introduced Ms_ Deborah Arnold, Work-Force 1 Director of Planning, to report on the industry cluster analysis study. Ms. Arnold stated the purpose of the cluster analysis was to obtain a better understanding of the industry composition within the entire 12-county work:force region. Ms_ Arnold defined industry clusters as "engines" of an economy, driving its prosperity. She said the five industries identified in the coastal bend area were as follows: petrochemical, health care, hospitality, construction, and education. She displayed a graph showing how the five industry clusters performed. Minutes - Regular Council Meeting September 14, 2004 - Page 5 Ms. Arnold reviewed the strengths and weaknesses of each cluster. Regarding the petrochemical induslry cluster, sl~ said their ~a'engths were as follows: expm't--oriented industries; occupations with high wages and skills; location advantages, including geographic concentration, infrastructure support, and proximity to the Port and Houston. The weaknesses were as follows: declining employment trends; sensitive to oil price movement; and possible environmental impacts. With regards to the construction cluster, its strengths were relatively high wages and a mix of occupational skills. The weaknesses were that they were non-export oriented industries and their sensitivity to regional economic conditions. The strengths of the health care cluster was character/zed as follows: well-established facilities; large numbers of occupations with high wages and skills; served the needs of retirement communities and aging population; enhanced the community's quality of life; and the presence of a nursing school and other medical workforce training facilities in the area. The weaknesses of the health care industry cluster were competition with medical centers in Houston and San Antonio, and a lack of training progiams for physicians_ The strengths of the education cluster were as follows: complementary to other industries and growing workforce training progr~.ms at regional universities. The weaknesses were their reliance on public funding and that they were non-export oriented industries. She noted that tiffs category typically included government entities, but government was excluded fi.om this particular study due to a coding issue. She said the size of the employment in this industry was second only to the Corpus Christi Army Depot. In addition, she said this industry cluster was noteworthy because it could address the problems with educational attainment in the community which affect wages and income earnings for the community. Regarding the hospitality cluster, the su-engths of this cluster are as follows: the community's potential as a top tourist destination with attractions; strong community support with major construction projects (e.g. multi purpose arena); and enhances the community's quality of life. The weaknesses were characterized by the mostly low-paying, low-skill jobs in this industry and geographical disadvantages when compared with San Antonio and Houston_ Ms_ Arnold discussed what the clusters represented to the region's economy. First, she said the clusters represented a diverse mix in the coastal bend, accounting for 44 percent of the regional total employment Second, the health care, education, and hospitality industry clusters share about 10 percent of the total regional workforce. Th/rd, these five clusters were projected to gain 8,930 jobs by 2010, accounting for 32.6 percent of projected employment growth_ Fourth, the five industry clusters account for a total of 4,209 firms or about 40 percent of all fu-ms in the coastal bend area. Fifth, she said the five identified clusters closely match Work-Force l's existing "targeted" industrSes, those industries which drive the selected training opportunities for those participants coming to the Work-Force centers. Ms. Arnold provided statistics on Work Force l's training opportunities related to the identified clusters. Since July 2002, there were a total of 677 pomona Irained with Work Force lnves~maent Act funds, and over 400 of those individuals were mined in the health care industry (72 percent). She said over 100 individuals (18 percent) were trained in truck driving, a support to the construction induslry and petrochemical industries. Finally, she said only 50 participants (18 Minutes - Regular Council Meeting September 14, 2004 - Page 6 percent) were trained in education-related industries. She noted that no training was held for electricians, plumbers, or carpenters in support of the construction indusa~y, and the goal was to better align Work Force l's training resources with projected industry needs. Ms. Arnold covered several initiatives to better address projected industry needs. Focusing on the education industry, she mentioned a self-sufficiency grant given to CCISD as business partner and Del Mar College as fiscal agent, with the goal of providing training to paraprofessionals to gain certifications as certified teachers. An apprenticeship initiative was also created to better meet the needs of the construction industry in the area, partnering with the following organizations: Texas Gulf Coast Electrical Joint Apprenticeship and Training Committee, South Texas Chapter of the Associated General Contractors, Associated Builders & Contractors Texas Coastal Bend Apprentice Program, and the Corpus Christi Air Conditioning and Plumbing Contractors Association. Finally, she discussed an economic development alignment to discuss the following issues: areas of consensus; potential growth industries; workforce availability; training opportunities; and emerging industries. In conclusion, Ms_ Arnold stated numerous data sources were available on Work Force l's website for more information. Mayor Neal thanked Ms. Arnold, Mr. Martinez, and the Work Force 1 Board of Directors, for their efforts to move the organization forward. Mayor Neal called for consideration of the consent agenda (Items 6-29)_ City Secretary Chapa announced that Council Member Noyola was abstaining fi.om the vote and discussion on Items 26 and 29. Mr. Jack Gordy, 4118 Bray, requested that Item 15 be discussed. Council members requested that Items 7, 11, and 22 be discussed. A motion was made and passed to approve Items 6 through 29, constituting the consent agenda, except for Items 7, 11, 15, and 22, which were pulled for individual consideration_ City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2204-347 Motion approving a supply agreement with SBC, of Austin, Texas for hardware and operating system maintenance and support on the City's Cisoo network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $108,894.30. The term of the contract 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. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 7 8.a. MOTION NO. 2004-349 Motion authorizing the City Manager or his designee to accept grant funding in the amount of :t;77,491 fi.om the Texas Deparlment of Transportation for a SPEED Selective Traffic Enforcement Project (STEP) in the Police Department for overtime speed enforcement and to execnte all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garret% Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 8.b. ORDINANCE NO_ 025933 Ordinance appropriating $77,491 fi.om the Texas Department of Transportation for funding for a SPEED Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.a. RESOLUTION NO. 025934 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a Community Oulxeach Campaign on the City's new anti-litter ordinance, including recycling and illegal dumping efforts. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garret% Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent_ 9.b. ORDINANCE NO. 025935 Ordinance appropriating $10,000 fi.om the Coastal Bend Council of Governments m the No. 1051 Solid Waste Grants Fund for Community Outreach Campaign on the City's new anti- litter ordinance, including recycling and illegal dumping efforts. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.c. RESOLUTION NO. 025936 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $26,619 to provide funding for the City's Assistant Compliance Officer. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison. Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 8 9.d. ORDINANCE NO. 025937 Ordinance appropriating $26,619 fi.om the Coastal Bend Council of Governments in the No_ 1051 Solid Waste Grants Fund to provide funding for the City's Assistant Compliance Officer. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.e. RESOLUTION NO. 025938 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $2,000 for an Educational Program on the City's landfill operations_ The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.f_ ORDINANCE NO, 025939 Ordinance appropriating $2,000 fi.om the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for an Educational Program on the City's landfill operations. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 10. ORDINANCE NO_ 025940 Ordinance appropriating $2,000 fi'om the Alamo Area Council of Governments in the No_ 1071 Community Enrichment Grants Fund for use in the Greater Corpus Christi Clean Cities Coalition programs. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 12.a. RESOLUTION NO. 025943 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $ 80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant program located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garret't, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 9 12.b. ORDINANCE NO. 025944 Ordinance appropriating a grant of $80,000 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for a full-time computer repair technician for public libraries within the South Texas Library System_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 13.a_ RESOLUTION NO, 025945 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $143,518 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 13.b. ORDINANCE NO. 025946 Ordinance appropriating a grant in the amount of$143,518 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Center located at the Corpus Christi Public Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye"; Cooper was absent_ 14.a. RESOLUTION NO. 025947 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $707,709 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library Systc'm located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 10 14_b. ORDINANCE NO. 025948 Ordinance appropriating a grant in the amount of $707,709 fi.om the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the South Texas Library System located at the Corpus Christi Public Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 16.a. RESOLUTION NO, 025949 Resolution authorizing the City Manager or his designee to accept a grant fi.om the Texas Department of Health authorized in the amount of $640,245 for bioterrorism preparedness. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent_ 16.b. ORDINANCE NO. 025950 17. Ordinance appropriating a grant in the amount of $640,245 in the No. 1066 Health Grant Fund fi.om the Texas Department of Health for bioterrorism preparedness_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2004-350 Motion authorizing the City Manager or his designee to execute Subrecipient agreements for funds provided fi.om the FY 2004 Community Development Block Grant (CDBG) Program and Emergency Shelter Grant (ESG) Program_ FY2004 CDBG Program: Harbor Playhouse Company - $50,000 for replacement of all roof systems on the building with the exception of the roof over the office located at 1 Bayfi.ont Park. FY2004 ESG Program for Homeless Activities: The Salvation Army - $15,000 for the provision of essential services including services concerned with employment, physical health and education of the homeless, and payment of maintenance and operations that includes rent, insurance, utilities and furnishings. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnisen, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 11 18. 19. 20. 21. MOTION NO. 2004-351 Motion authorizing the City Manager or his designee to execute a Utility Easement, Surface Site Easement and Access Easement instrument with R. Bryan Gulley, for Parcels lA, lB, lC, and 1D in the total amount of $85,000, necessary for the Rincon Bayou Diversion Pipeline, Project No. 8416, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2004-352 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Agnes L. Polasek, et al, for Parcel 3, in the total amount of $78,800 plus $1,500 in closing costs, necessary for the Buckingham Estates LiR Station and Force Main Diversion Project No. 7117 and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2004-353 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with Holloman Corporation, of Converse, Texas in the amount of $70,971.10 for the Kostoryz Lift Station and Force Main Project to decommission offsite Cabaniss and Crestmont lift stations and convert the offsite temporary force main into a gravity line. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2004-354 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Engineering & Construction Management Services, of Corpus Christi, Texas in the amount of $31,680 for Americans with Disabilities Compliance at Various Sites: Individual Requests - Staples fi.om Brownlee to DeForrest Mary Grett Cunningham Middle School area Memorial Hospital area The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 12 23_ MOTION NO. 2004-356 24. 25. 26. Motion authorizing the City Manager or his designee to authorLze an agreement with American Electric Power (AEP) in the amount of $140,543.12 for the Street Lighting System for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley. The foregoing motion was passed and approved with the following vote: Ne. al, Chesney, Colmenero, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent MOTION NO. 2004-357 Motion authorizing the City Manager or his designee to make an additional payment in an amount not to exceed $64,000 to Wilson Plaza Associates, L.P. for modifications to the City's Detention and Magistration Center located at Wilson PlaTa; Suite 113-A. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. RESOLUTION NO. 025951 Resolution authorizing the City Manager or his designee to execute an lnterlocal Cooperation Agreement with San Pathcio County in the amount of $40 per prisoner per day for jail services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. ORDINANCE NO. 025952 Ordinance appropriating $150,000 into Passenger Facility Charge Fund No_ 4621 fi.om unreserved Fund Balance for Passenger Loading Bridges at the Corpus Christi International Airport; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $150,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, ICinnison, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. Minutes - Regular Council Meeting September 14, 2004 - Page 13 27. RESOLUTION NO~ 025953 Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005; authorizing the City Manager or his designee to sign a contract with STAP for the City of Corpus Christi's 2005 electricity needs; and committing to budget for energy purchases in 2005 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2005 through STAP. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garret-t, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 28_ ORDINANCE NO. 025930 Ordinance authorizing the City Manager or his designee to execute a Drainage Easement Maintenance Agreement with Home Depot, U.S.A_, Inc. (Owner), allowing owner the right to use the lO-foot wide (3,660-square feet) drainage easement by building a garden center structure out of Lot 10R, Block 1, Moore Plaza, fi.om manhole to manhole, with specified conditions; and establishing a fee of $18,300. An emergency was declared, and the foregoing Ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 29. ORDINANCE NO. 025954 Authorizing the City Manager or his designee to execute a long term lease expiring September 30, 2016 with the Federal Aviation Administration for an Airport Surveillance Radar Facility Site at Evelyn Price Park located in the City of Corpus Christi_ (First Reading - 8/17/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. Mayor Neal opened discussion on Item 7 regarding the TxDOT Driving While Intoxicated Selective Traffic Enforcement Project (STEP)grant. Mr. Kinnison noted there were thirteen alcohol -related deaths in the city this year, and he asked for any data showing if certain areas of town (e.g. downtown) or certain establishments were contributing to the problem. Mr. Noe replied staffwould provide a report on alcohol-related fatalities as well as DWI arrests to see if there were any patterns. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 14, 2004 - Page 14 7.a_ MOTION NO. 2004-348 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $44,380 fi.om the Texas Department of Transportation for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI enforcement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent_ 7.b. ORDINANCE NO. 025932 Ordinance appropriating $44,380 fi'om the Texas Department of Transportation for funding for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 11 regarding a gift fi.om Wa[mart for the Northwest Branch Library. Mr. Kelly recognized Walmart for their donation to the library, saying they were another example ora good corporate citizen contributing to the community. City Secretary Chapa polled the Council for their votes as follows: ll.a. RESOLUTION NO. 025941 Resolution authorizing the City Manager or his designee to accept a $2,000 gift from Walmart to purchase books and other library materials for the Northwest Branch Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garret% Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11.b. ORDINANCE NO. 025942 Ordinance appropriating a $2,000 gif~ fi.om Walmart in the General Fund No. 1020 to purchase library materials and amending the FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $2,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 15 regarding an annual grant for access studio equipment. Mr. Jack Gordy, 4118 Bray, asked the Council to withhold payment of the $7,000 grant award to NuPAC, Incorporated because of serious concerns regarding the NuPAC leadership and the management of the studio. He said NuPAC President Cruz Colomo had made several Minutes - Regular Council Meeting September 14, 2004 - Page 15 questionable management decisions, including allowing the studio's insurance to lapse, restricting studio access, failing to pay th~ studio's electricity bill, and using NuPAC funds for expenses that were not allowed under the contract. Finally, Mr. Gordy suggested that if the Council did decide to approve the grant, the city should take steps to assume control of the funds to prevent further misuse. Mr. Noyola asked if the Cable Communications Commission was aware of the problem, and asked if they had taken any action. Director of E-Government Services Susan Cable explained the Cable Commission oversaw the activities of the public access user groups, but by contract, the city oversaw the use of the studio_ She reported the $7,000 grant in question was fi.om October 2003, and the grant award was postponed pending a police investigation and financial audit due to a complaint_ She said no violation was found, so the funds can now be distributed. She noted the current contract reslricted the use of funds for the repair and replacement of equipment only. She reported last Friday, the city sent a certified letter to NuPAC citing their concerns about the studio's management, and gave them ten days to address the concerns. Cable Communication Commission Chairman Richard Pulido stated that the commission was taking a proactive approach to the problems with public access user groups. He said on August 30, the commission directed the PAUG to review their bylaws and regulations to see if they could come to an agreement on how the PAUG should be mn. He asked the Council to postpone the funding request until the PAUG have demonstrated that they are moving forward in a professional manner. In response to Mr. Colmenero's question, Chairman Pulido stated the commission would be meeting on September 27 with the PAUG board members to discuss their progress, and he asked the Council to wait until after this meeting before approving the grant. Mr. Kinnison thanked Chairman Pulido and the Cable Communications Commission for their efforts to resolve this problem. He stated the city should strongly consider controlling the funds in the future to ensure that the funds were being used properly. Mr. Noyola agreed with Mr. Kinnison. City Manager Noe replied the funds in questions were approved for use in 2003-04, and thus were covered under the provisions of the previous contract_ He said the contract had now expired, however, and staff could amend the new contract to provide for city control of the funds. Ms. Cable added staffwould also require the president of NuPAC to sign an acknowledgment form citing the allowable uses for the funds and requiring them to submit receipts for any expenditures. Mr. Kelly stated it was becoming tiresome that the Council was continually becoming involved in the PAUG's basic financial and operational issues. He asked if the Cable Communications Commission could be given the authority to distribute funds to PAUG. City Munager Noe replied to this point, the commission has been involved in operational issues. He said staff could explore how to involve the commission more directly in the PAUG's financial oversight as well. Mr. Jerome Bradford, a PAUG producer, spoke regarding concerns about the historical problems with NuPAC leadership, and the lack of funding for the studio. Mr. Kinnison made a motion to table Item 15 until the first Council meeting in October (October 11), seconded by Mr. Kelly, and passed. Minutes - Regular Council Meeting September 14, 2004 - Page 16 15. TABLED UNTIL OCTOBER 11, 2004 OMiil,,,~c av},~op~iafi,,g a $7,000 annual s,o,~t [,~ovided by cable of~,,~to,~ ia thc Fu,,d Reserve fo~ access studio Mayor Neal opened discussion on Item 22 regarding an underground storage tank mitigation contract. Mr_ Kelly asked for a status report on the city's progress in mitigating the underground storage tanks at the Old RTA Facility. Assistant Director of Engineering Services Kevin Stowers replied the TCEQ was reviewing the results of the last year of monitoring and ground water withdrawal to see if the area could be closed as an active site. If the TCEQ det~:nnined there was still product in the ground greater than their closure requirements, they would require additional mitigation efforts_ Mr. Kelly asked if the TCEQ closed the site, could the site be used for another purpose. Assistant City Manager Ron Massey replied affirmatively, noting there were limitations on the usage. He said the city was optimistic the s~te would be closed. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2004-355 Motion authorizing the City Manager or his designee to assign the contract with Applied Earth Sciences, Inc. of Houston, Texas for Underground Storage Tank Mitigation (Contract No. 2) for Fire Station No. 10 and the Old Regional Transportation Authority Facility to Delta Environmental of Shoreview, Minnesota. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and ScotI, voting "Aye"; Cooper was absent. Mayor Neal referred to Item 32.a., and a motion was made, seconded and passed to open the public hearing on the following item: Public hearing to consider abandoning and vacating a 30,000-square foot portion of an undeveloped and unsurfaced 20-foot wide dedica ted public fight-of-way out of Lots 1, 8, and 9, Artemus Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right- of-way and west of the Rand Morgan Road Stzeet right-of-way); subject to owner's compliance with the specified conditions. No one spoke in opposition to the abandoning and vacating of the public right-of-way. Mr. Noyola made a motion to close the public heating, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 14, 2004 - Page 17 32.b_ ORDINANCE NO_ 025955 Ordinance abandoning and vacating a 30,000-square foot portion of an undeveloped and unsurfaced 20-foot wide dedicated public right-of-way out of Lots 1, 8, and 9, Artemus Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right-of-way and west of the Rand Morgan Road Street fight-of-way); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 33 regarding a federal cost sharing agreement for the Nueces River Feasibility Study_ Assistant City Manager Ron Massey reported the Council had previously approved a draft federal cost sharing agreement which was forwarded to the Corps of Engineers for review. He said minor changes were made to the agreement that had been approved by staff.and the other partners. The Council's approval today would allow the city manager to sign the contract on behalf of the city, and would appropriate the city's first year share of the project study costs ($118,000). Mr. Kelly asked if the recharge enhancement projects were approved, would the feasibility study address what mitigation efforts the city was entitled to. Mr. Massey replied mitigation efforts would be part of the feasibility study, and it was important for the city to be involved in the study to ensure that the mitigation wound be acceptable to the city. Mr. Kelly expressed concern about San Antonio's efforts to infringe on the city's water rights, and he was wary of this project. City Manager Noe replied the feasibility study was completely separate bom the city's dispute with San Antonio over existing recharge initiatives_ Mr. Kelly said the city should still keep a close eye on the situation. There were no comments fi.om the audience_ City Secretary Chapa polled the Council for their votes as follows: 33.a_ RESOLUTION NO, 025931 Resolution authorizing the City Manager or his designee to execute a Federal Cost Sharing Agreement between the Department of the Army and Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio River Authority, and Guadalupe- Blanco River Authority for the Nueces River and Tributaries, Texas Feasibility Study. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Gan-eR, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 18 33.b. ORDINANCE NO. 025956 Ordinance appropriating $118,820 from the No. 4010 Water Fund for the City's initial cost share under Federal Cost Sharing Agreement between the Department of the Army and the Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio River Authority, and Guadalupe-Blanco River Authority for the Nueces River and Tributaries, Texas Feasibility Study. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal called for a brief recess to present proclamations. The Council returned fi-om recess, and Mayor Neal called for petitions fi-om the audience. Ms. Ria Jacobson, 2921 Coleman, spoke regarding concerns about the risque content of a number of billboards in the city and programming on Channel 7. Mayor Neal referred to Item 31 .a., and a motion was made, seconded and passed to open the public hearing on the following item: 31.a. Public heating to consider abandoning and vacating a 27,082-square foot portion of an undeveloped and unsurfaced 60-foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive and east of Southbay Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified conditions. City Secretary Chapa announced this ordinance would be read in two readings, this being the first reading. He also stated Council Member Scott would be abstaining fi-om the vote and d~scussion on this item. Director of Development Services Barbara Bailey explained the city had received a request from Ms. Dawn Melancon, Mr. Arnold IG-ueger, and the Baptist Foundation of Texas, to close Seabreeze Drive. She said they comprised two of three abutting property owners in the area, and were requesting the closure to build a multi-story apartment complex that would not be divided by a public road. Ms. Bailey reported when staffevaluated a request for abandonment, they needed to ensure all public interest in the road had been extinguished. She said the public interest in the road was mostly extinguished, with the notable exception of the third abutting property owners where the undeveloped public right-of-way deadended, Dr. and Mr. Guthrie. Dr. and Mr. Guthrie were opposed to the abandonment and vacation of the public right-of-way because the closing of Seabreeze Drive would hinder accessibility to their property and affect the quality of access. Minutes - Regular Council Meeting September 14, 2004- Page 19 Ms. Bailey said staffmet with the Guthries and informed them they would still be able to a~ce~ theix property fi.om Baylark Drive, Cayo Drive, and Seashore Drive, Io~at streets in the area. Without Seabreeze Drive, however, the access to their property was less than ideal because it would be limited to a local street. Generally, she said apartments were placed on collector streets due to density and resulting Waffic. In addition, if the proposed development proceeded, it would make the rear property less suited to single family development. Ms. Bailey stated that the preferred solution would be to provide alternative access to the Guthries's property. She showed a proposed alternate road to the rear property branching off of Southbay Drive that would not require going through a local street. Staff was proposing that the developer pay for the cost of the proposed street, approximately $45,000, as well as approximately $20,000 toward storm sewer and water improvements. Ms. Bailey also stated many residents in the area had signed a petition in favor of the closure of Seabreeze Drive. Mr. Larry Urban with Urban Engineering, representing the applicants, stated Seabreeze Drive was approximately 27,000 square-feet, valued at approximately $27,000. The proposed alternate access road was approximately 21,000 square feet. He said the applicants proposed swapping the cost of 21,000 square feet of the proposed alternate access road for the cost of 21,000 square feet of Seabreeze Drive. This would leave a difference of 6,000 square feet, which the developer agree to pay for at the appraised value of $1 per square foot. In addition, the applicants proposed paying the city $62,400 for the cost of the water, sewer, paving, drainage, and curb and gutter improvements for the proposed alternative access road_ Mrs. Mary Ann Guthrie spoke in opposition to the closing of Seabreeze Drive. She commented this was the first time she had heard about the proposed alternate route. She was interested in the proposal because it seemed that the developer would bear the cost of the new road, which seemed fair in her opinion. She and her husband were unhappy, however, with the very short amount of notice they had been given about the issue. On August 12, 2004, Ms. Bailey had informed them that the street closure was not going to take place. Three weeks later, Mrs. Guthrie said Mr. Willie Medina with Development Services called and said the closure was going to take place after all_ She received one week's notice that the item was going to be on the agenda today, and received a mailed notice three days before today's hearing. Mr. Kelly questioned closing Seabreeze Drive because it would limit access from the Guthries's property to S.P.I.D. Ms. Bailey replied that an off-ramp fxom SPID was located directly in front of Seabreeze Drive. The proximity of the off-ramp to the Seabreeze did not make it a safe access point to the any of the properties abutting the street. She said TxDOT preferred that a replacement street be implemented. Mr. Kelly was sympathetic to Dr. and Mrs. Guthrie's assertion that they were given insufficient notice and information about the matter. He thought it would be premature to approve the ordinance until more discussion had taken place. Ms. Bailey replied staff was recommending two readings for this ordinance to allow for more discussion with the interested parties. Staff was not recommending final action at this meeting, but instead wanted to hold the public hearing and then bring the item back at a later date_ Ms. Bailey said ~affwanted to give Dr. and Mrs. Guthrie more time to digest the offer before making a decision. Minutes - Regular Council Meeting September 14, 2004 - Page 20 Mr. Chesney expressed concern that the Guthries were given such short notice about the matter. He did not want to pass the ordinance on first reading, suggesting in~tead that the ttem be tabled and brought back as an emergency ordinance next week. Mr. Noyola and Mr. Colmenero agreed with Mr. Chesney. Ms. Dawn Melancon, one of the applicants, stated she has been trying to work with the Guthries, but they did not seem to want to communicate with her. A motion was made, seconded, and passed to close the public hearing. Mr. Chesney made a motion to table this item until next week (9/21/IM), bringing it back as an emergency ordinance, seconded by Mr. Colmenero, and passed. 31 .b. TABLED UNTIL SEPTEMBER 21, 2004 Ordinance abandoning and vacating a 27,082-square foot portion of an undeveloped and unsurfaced 60-foot wide dedicated public fight-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified conditions. Mayor Neal referred to Item 30_a., and a motion was made, seconded, and passed to open the public hearing on the following item: 30.a. Public hearing to consider approving and adopting the Wastewater Collection System Master Plan - Allison Service Area as described on Attachment 1, which amends the Master Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted December 23, 1964 by Ordinance No. 7441 and rescinds the Sanitary Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail Valley in the area of Farm-to-Market Road 624 west of Highway 77 adopted March 10, 1982 by Ordinance No_ 16927. City Engineer Angel Escobar stated that there were six areas in the city's Wastewater Collection System as follows: Allison service area (extreme northwest); Whitecap (Padre Island); Laguna Madre (Flour Bluff); Oso (extreme east); Greenwood; and Broadway (downtown). He said these amendments to the Wastewater Collection System Master Plan would focus on the Allison service area only. He said the amendments would address factors in present and future developments by providing guidance in the preparation of the collection system for the Allison service area based on ultimate land use. He said the plan would cover development for the next 20 to 30 years. The plan had been presented to the Planning Commission, department and local consultants and developers, and had received support for the plan. Mr. Escobar introduced Mr. Carl Crull with HDR Engineering, the firm hired to complete the master plan for collection systems that service the Allison area. Mr. Crull displayed a map of the Allison service area, bounded by the Nueces River and Missouri Pacific Railroad along the northern boundary; Corn Products Road along the eastern boundary; State Highway 44 along the southern boundary (including the Clarkwood Township); and the Robstown ETJ and County Road 73 along the western boundary. Within the service area, he noted there were two areas covered by existing plans that encompassed a large portion of the proposed Wastewater Collection System Minutes - Regular Council Meeting September 14, 2004 - Page 21 Master Plan - Allison service area. He provided a brief history on their creation. A sanitary sewer master plan was adopted in 1964, developed by Reagan and McCauglm, due to an aunexation-in 1961. A second sanitary sewer master plan covering another area was adopted in 1982 to cover the Wood River area. One of the shortcomings of the 1982 plan was it stated that the sewer system was it was not specific enough. In 1984, city staff developed a report specifying how to expand the sewer system between the Allison plant and other areas. Mr. Crull stated the flow assumptions staffmade for the plan were 70 gallons per person per day, and 400 gallons per acre of infiltration. He said the land use assumptions were based on the area development plans, which were not available for use in the previous master plans. Mr. Crull reported the Allison wastewater collection system was comprised of five component systems: System 1 (Turkey Creek line); System 2 (Woodland Creek Line); System 3 0team Road Line to Sharpsburg Lilt Station); System 4 (Leopard Road Line to Sharpsburg Lilt Station); and System 5 (Sharpsburg Road Line to Sharpsburg Lift Station). He said Systems I and 2 would flow directly into the Allison Wastewater Treatment Plant while Systems 3, 4, and 5 would flow into the Sharpsburg Lift Station and are then pumped into the Allison Wastewater Treatment Plant. To create the new Wastewater Collection System Master Plan for the Allison service area, Mr. Crull stated the following actions were needed: the 1964 sanitary sewer master plan had to be amended to include additional areas in the new master plan the 1982 sanitary sewer master plan had to be rescinded in its entirety, except the storm sewer master plan that is part of it · delete the area north of 1I-I-37, east of the Turkey Creek wastewater collection main, and west of Corn Products Road fi-om the 1964 Master Sanitary Sewer Plan. The development of this area has primarily been large petrochemical plants and associated industrial uses. These plants have their own treatment facilities to address their domestic wastewater and industrial process water. the area generally bounded by IH-37, Corn Products Road, Sedwick Road, Sedwick Road extended, and R_hew Road needs to be lxansferred fi.om the 1964 Allison Service Area to the Greenwood Service Area. Wastewater flows fi.om this area will be serviced by the Greenwood Treatment Plant. adopt the Wastewater Collection System Master Plan - Allison Service Are~ Mayor Neal noted this plan only covered the Allison Service Area. He asked when the city would develop plans for the city's other service areas. Mr. Escobar replied the city was deficient on several of its service area plans, notably the Laguna Madre service area_ City Manager Noe added according to the city's CIP discussions, the plan was to take one of the areas at a time and update it. In response to Mayor Neal's question, Mr. Foster Edwards, director ofwastewater services, stated the city's wastewater system was operating under a variance with a 20/20 permit The TCEQ wanted to see the city operate under a 10/15 permit, which was more expensive. The city and the TCEQ have been discussing the matter for over 10 years. Mr. Edwards stated he and First City Attorney Jay Reining were going to discuss the matter with the TCEQ at a meeting soon. Minutes - Regular Council Meeting September 14, 2004 - Page 22 There were no comments from the public. A motion was made, seconded, and passed to close the public hearing. City Secrelary Chapa polled the Council for their votes as follows: 30.b. FIRST READING ORDINANCE Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan, as adopted December 23, 1964 by Ordinance No_ 7441 (Master Sanitary Sewer Plan for areas annexed in 1960 and 1961 except Flour Bluff), and rescinding the Sanitary Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail Valley, in the area of Farm-to-Market Road 624 west of Highway 77, adopted March 10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and Sanitary Sewer Plan for the area west of Calallen (Five Points), by approving and adopting the Wastewater Collection System Master Plan - Allison Service Area, as shown in Attachment 1. The foregoing ordinance was passed and approved on its fa'st reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal called for the City Manager's report_ City Manager Noe reported the first meeting for NIP Site 6 took place last night at the Zavala Special Emphasis School. He said there was record attendance at the meeting, and he thanked the school principal and the neighborhood for getting the word out. Mr. Noe also referred to a memo on the operation of the detention and magistration center this weekend. He thanked everyone involved for making the opening as smooth as possible, especially Judge Tamez and Mr. Rene Mendiola with Municipal Court, the police department, and Sheriff Larry Olivarez and his office. He said there were a few outstanding construction items but staffanticipated completely them incrementally over the next few weeks. Mr. Garrett commented the greatest accomplishment was processing prisoners in 40 minutes on the average, as opposed to three to four hours in the county. Mr_ Noe also reported Assistant City Manager Mark McDaniel would be leaving the city's employment_ He said the city would hold a function soon to wish him well. Mayor Neal called for Council concerns and reports_ Mr. Noyola gave his condolences to the family of Ms. Evita Moreno, who passed away recently. He also asked regarding the new dance hall permit fees, saying non-profits were being adversely affected by the fees. He asked staff to provide a report on the projected revenues fi.om the dance hall permit fees. Mr. Noyola also thanked Mayor Neal and Mr. Garrett for participating in the 16 de Septiembre parade. Finally, Mr. Noyola reported the old TxDOT building near Port and Morgan was in bad shape, and the grass needed to be mowed. Mr. Garrett reported a traffic light near Port and Morgan was hanging too low. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:08 p.m. on September 14, 2004. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase and installation of a bi-directional radio amplifier system from Dailey & Wells Communications, Inc., San Antonio, Texas in the mnount of $44,712.22 This award is exempt from the competitive bidding statutes. Funds are available from the Airport CIP bond funds. Purpose: '[tie bi-directional radio amplifier system (BDA) will enhance radio communication that takes place within the new Airport Terminal Building. Frequency interference and "dead spots" throughout the building have compromised the ability of staff to communicate with one another in carrying out their day to day duties. This includes the public safety officers who are responsible for the safety and welfare of all patrons at the airport. The BDA system will include twelve bi-directional antennas that will be installed throughout the building and integrated with the existing EDACS 800 MHz radio system. Bas is of Award: This purchase is exempt from the competitive bidding statutes as a procurement necessary to preserve or protect the public health or safety of the inunicipality's residents. The EDACS 800 MHz radio system is an integral part of the public safety function of the City. Therefore, this modification to the Airport's system warrants an exemption under the statutes. Dailey Wells Communications is currently under contract for maintaining the EDACS 800 MHz radio system and has designed and engineered the BDA system to work scamlessly with the City's radio communication system. Funding: Aviation Departmenl 550720-3020-00000-100998 550720-3024-00000-100998 550720-4621-00000-100998 pMr ~;lml ent~e~ a~ mMl~e rv ice s Manager $28,973.52 6,539.9O 9,198.80 Total: $44,712.22 City of Corpus Christi Purchasing Division Bid Tabulation 9/21/2004 Bi-Directional Radio Amplifier System BDA system including 1 BDA, high gain donar antena, 10 power splitters, 12 RF distribution antenas, Plenum rated coaxial cable and all related conduit and j-boxes. Qty Unit 1 each Dailey&Wells Communications, Inc San Antonio, Texas Unit Price Total $ 44,712.22 Award Total $ 44,712.22 3 CITY COUNCIL AGENDA MEMORANDUM September 21, 2004 AGENDA ITEM: A. Motion to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 for the Child and Adult Care Food Program (CACFP) to provide after school snacks to youth enrolled in after school enrichment programs for FY 2004-2005. Ordinance appropriating a grant in the amount of $206,451 from the Texas Department of Human Services to operate the Child and Adult Care Food Program in the No. 1067 Federal/State Grants Funds providing for after school supplements (snack) for youth enrolled in approved after school enrichment programs for FY 2004-2005. Resolution authorizing the City Manager, or his designee, to execute [nteflocal Cooperation Agreements with Corpus Christi Independent School District to provide after school supplements (snacks) for youth enrolled in approved after school enrichment programs for FY 2004-2005. ISSUE: In order to provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites, the City Council must A) accept the grant from Texas Health and Human Services Commission in the amount of $206,451 for the Child and Adult Care Food Program (CACFP) B) appropriate $206,0451 in grant funds from the U.S. Department of Agriculture and Texas Health and Human Services Commission for a youth nutrition program, B) approve and execute an Inteflocal Cooperation Agreement with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds for qualifying sites. REQUIRED COUNCIL ACTION: Action is required to appropriate grant funds and authorize the City Manager, or his designee, to execute all related contracts and documents for the FY 04-05 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. RECOMMENDATION: Staff recommends that the City Council appropriate the Child and Adult Care Food Program grant with U.S, Depadment of Agriculture and Texas Health and Human Services Commission and approve the Intedocal Cooperation Agreements with Corpus Chdsti Independent School District (CCISD). PRIOR COUNCIL ACTION: The City Council h as for eleven (11) y ears approved a similar youth nutrition grant related to the Summer Recreation Programs. In addition, the City Council has also approved the Child and Adult Care Food Program grant for the past three school years. FUNDING: U.S Department of Agriculture and Texas Health and Human Services Commission grant funds. ADDITIONAL SUPPORT MATERIAL Background Information [] Contract Summary [] Ordinance/Resolution [] Map(s) [] i~llrkY aG a/)Rikr~ R~r~t~to°nr'~D e p art m e n t AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The U.S. Department of Agriculture (USDA) through the Texas Department of Human Service (TDHS) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment b) include educational and/or enrichment activities as part of the programming c) site must be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals The Park and Recreation Department has a total of 24 Latchkey sites (Agenda Item A). Sites to be served are Casa Linda Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Central Park Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista Elementary , Crocker Elementary, Garcia Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Prescott Elementary and Woodlawn Elementary. There are 5 sites that do not qualihj for this program based on enrollment of youth eligible for free and reduced school meals. These sites are Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary and Club Estates Elementary. However, to maintain the consistency and quality of the Latchkey program, these sites will be provided an afternoon snack. Cost for these sites will be paid from already designated funds. Over the past few years, the City and CClSD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into contracts with CCISD to prepare and deliver snacks at a rate of $.53 per snack for the school year beginning October 1, 2003-May 29, 2004. CCISD will also maintain and provide menu preparation records. The snack consists of fruitJvegetable, milk/juice and dessert. It is estimated that approximately 2,755 youth per day will be served after school snacks. At each site, city staff will vedfy daily snack counts and distribute snacks to youth. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program to qualifying sites, but an ordinance is necessary to appropriate the grant of $206,451 in order to implement the program. CCISD has approved the food service agreements. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager ("City Manager") or the City Manager's designee, and the Corpus Christi Independent School District ("District"), acting through its duly authorized Superintendent or the Superintendent's designee, for pur- poses of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally-funded and state-administered program to provide after school snacks to school-age children at approved after school program sites, from October 1, 2004, through May 26, 2005; and, WHEREAS, the District agrees to provide unitized snack-sized meals, inclusive of milk or juice, to City for a fixed fee. NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2004, and continues through May 26, 2005. Section 2. Consideration. The City shall pay the District $.55 per snack-sized meal ("Snack" or "Snacks") provided to City by the District. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Human Services for supplemental food components, in accordance with the Child and Adult Care Food Program Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. H:~LEG-DIR\OlgaR~Doyle~°ark & Rec\082404DC CCISD CACFP Snac~,AgmLFY03-04 doc Page ! of 4 Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference; and (2) Snack Records, which will include the daily number of Snacks delivered by type and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (c) District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of Human Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress, Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Programs' designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section 6. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall no/exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment. The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. H:~-EG-DIR\OlgaR'~)oy~e~Pank & Rec~)82404DC.CCISD CACFP.SnaG~.AgrnLFY03~34 doc Page 2 of 4 Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is be[ween the City and the District for the purpose of providing snacks at City-sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non-Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or ind(recQy, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Section 12. Modifications. No changes or modifications to this Agreement may be made, nor any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not effect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 14. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. H:~-EG-DIR\OlgaRq3oyte~Park & Rec~O82404DC.CCISD CACFP Snack.Agra[ FY03-04 doc Page 3 of 4 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of ,2004. ATYEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K. Noe, City Manager, or {:he City Manager's designee Chief, Ad mlstratlve Law Section Senior Assistant City Attorney For City Attorney ,2004. ATTEST: By: Name: Title: Date: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT BY:~a Na vez. Ph.D., Title~' Superintendent of Scho0is Date: s~pt~mher 14. 2004 APPROVED AS TO LEGAL FORM this Attorney for Corpus Christi Independent School District ,2004. H:%EG-DIR\OlgaR~Doyie~°ark & Rec~82404DC.CCISD.CACFP.SnacA Agmt FY03-04.doc Page 4 of 4 AN ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $206,451 FROM THE TEXAS DEPARTMENT OF HUMAN SERVICES TO OPERATE THE CHILD AND ADULT CARE FOOD PROGRAM IN THE NO. 1067 PARK AND RECREATION GRANTS FUND PROVIDING FOR AFTER SCHOOL SUPPLEMENTS FOR YOUTH ENROLLED IN APPROVED AFTER SCHOOL ENRICHMENT PROGRAMS FOR FY 2004-2005; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $206,451 from the Texas Department of Human Services is appropriated in the No_ 1067 Park and Recreation Grants Fund to provide for after school supplements for youth enrolled in approved aCter school enrichment programs for FY2004-2005. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the ~eed for immediate action necessary for the efficient and effective administration of City alfairs (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 24, 2004 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney for City Attomey Samuel L. Neal, Jr. Mayor H:\LEG DIR\OIg:xR~Doyle~Park & Rec\082404[¥g.CCISD CACFP.Sr~ack. Ord.doc Corpus Chdsti, Texas Day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\OlgaR~yleXPark & Rec\082404DC,CCISD.CACFP,Snack_Ord.doc A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK - CHILD AND ADULT CARE FOOD PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to exe- cute an Intedocal Cooperation Agreement with the Corpus Chdsti Independent School District for the After School Snack-Child and Adult Care Food Program. A copy of the Agreement is attached as Exhibit A. INTRODUCED AND PASSED by the City Council of the City of Corpus Chdsti, Texas, on the day of September, 2004. ATI'EST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor APPROVED: August 24, 2004 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney H:~LEG-DIR\OlgaR~Doyle~Patk & Rec\082404DC.CCISD.CACFP.Sro~k Re~.doc Corpus Chdsti, Texas Day of ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG4)lRXOlgaR~Doyle~Park & Rm~082404DC CCISD.CACFP Snack Res.doc 4 AGENDA MEMORANDUM September 21, 2004 SUBJECT: Southside Water Transmission Main Phases 4 & 4A Projects No. 8390 & 8425 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $97,546 with Kleinfelder of Corpus Christi, Texas for the Southside Water Transmission Main Phases 4 and 4a (Staples Street to Holly Road). FUNDING: Funding is available from the Water CIP Fund - Commercial Paper Program. RECOMMENDATION: Approval of the motion as presented. A~el R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Council Actions Exhibit C. Site Map H:~HOME~KEVINS\GEN\WATER~B390 & ~425SoulhsldePh4&4A~LabMemo doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main Phases 4 and 4a. ADDITIONAL INFORMATION: The contract is necessary to ensure the materials incorporated into the project comply with specifications set forth by the contract documents. Material inspections and engineering laboratory testing are routinely performed on every City construction project. CONTRACT: The contract is based on a fee for services actually performed. Services include compaction testing of fill and backfill materials, moisture density relationship, cement and concrete tests, field observations and laboratory testing, and project management and report preparations. Services include a full time soil technician on site to implement a field monitoring and testing program to ensure backfill materials are appropriately placed and compacted. The contract provides for invoices to be based on the fee schedule for actual work performed. The total contract is not to exceed $97,546.00. PRIOR COUNCIL ACTION: See EXHIBIT "B" PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). Page 1 of 3 H:~OMEAKEVINS\GEN\WATER~390 & 8425SouthsidePh4&4A~abBkgExhA.doc FUTURE COUNCIL ACTION: Approval of design amendments, construction contracts and testing agreements to complete the project as required. PROJECT BACKGROUND: The Council-approved 1997 Water Distdbution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant (Staples Street Pumping Plant) to alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area essentially southeast of Everhart Road. The new transmission main would substantially increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. PHASE 1: On June 16, 1998, Council awarded an engineering services contract to Urban Engineering for the Southside Water Transmission Main Project - Phase 1 from the ON Stevens Water Treatment Plant to Clarkwood Road. Council awarded a construction contract for this phase of the project-to Pate & Pate Construction on December 12, 2000 The construction project for the Southside Transmission Main Phase 1 from O.N. Stevens Water Treatment Plant to Clarkwood Road was completed and put into service in May, 2002 PHASE 2, 2a and 3: On April 24, 2002, Council awarded an engineering contract to Urban Engineering for the Southside Water Transmission Main Phases 2, 2a & 3 from the intersection o[ Saratoga Boulevard and County Road 54 to the Staples Street Pumping Plant, including a connection to the existing 42~ Holly Road main. On January 14, 2003, a construction contract was awarded to Gamey Companies, Ltd. of Kansas City, Missouri, for $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a & 3. Work has been completed for this phase of the project. PHASE 4, 4a and 5: This project will be constructed in phases with Phases 4 and 4a being constructed together and Phase 5 constructed separately to expedite completion of both contracts. A design contract was awarded December 17, 2002 to Urban Engineering in the amount of $11824,742 for the Southside Water Transmission Main, Phases 4, 4a, and 5. As part of that contract Council authorized the permitting and design of a water line from the South Staples Street pump station to Flour Bluff, terminating in the vicinity of Yorktown Boulevard and Laguna Shores Road. A significant portion of this line's capacity would go towards feeding a new pipeline to Padre and Mustang Islands. PHASE 6 and 7: Padre Island currently receives its water via a 24" pipeline installed in 1969. The final segments of this project will begin at Laguna Shores Drive (end of Phase 5) and extend a water main across the Laguna Madre to Padre Island and the intersection of Whitecap Boulevard and the Padre Island Pumping Plant. PROJECT DESCRIPTION: Phase 4 of the transmission main begins at the end of an existing 42" diameter water main close to the intersection of South Oso Parkway and Staples St. (FM 2444). The existing I EXHIBIT "A" Page 2 of 3 H:~IOME~J~EVINS~EN\WATER~8390 & 8425SouthsidePh4&4A'~J_abBkgExhA.doc 42" diameter main is located along Staples St. and is connected to the existing Staples Street Pump Station. Phase 4 is approx. 20,950 feet long and runs from Staples Street southward to the back of King Estates and then turns east and crosses the Oso Creek by directional drilling. Phase 4 continues across City property north of and parallel to Oso Creek until it reaches Rodd Field Road ROW and then turns north where it ends at the Rodd Field Road and Yorktown Boulevard intersection. Phase 4A is approx. 14,200 feet long and begins at the end of Phase 4 at the Rodd Field Road and Yorktown Boulevard intersection. Phase 4A continues northward along Rodd Field Road until it reaches Holly Road where it is connected to the existing 30" diameter waterline located in Holly Road. Fittings will be provided at the end of Phase 4, beginning of Phase 4A (Rodd Field Road and Yorktown Boulevard) for connection to Phase 5 (to be constructed in the near future). Phase 5 will be located along Yorktown Boulevard from Rodd Field Road to Laguna Shores Road. EXHIBIT "A" I Page 3 of 3 H:~OME~,~EVINS\GEr~WATER~390 & 8425SoulhsidePh4&4A~_abBkgExhA doc AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main 1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). 4. June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Read (M98~208). 5. September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). 6. September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). 7. November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). 8. March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). 9. March 23, 1999 - Amendment to the F-Y98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). 11. May 18, 1999 - Award of purchasing contract to A&H Enterprises for [wo horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract I - 75 Million Gallon Storage Reservoir (M99-189). 14. July 20, 1999 - Approval of F-Y99-00 Capital Budget (Ord. No. 023703). EXHIBIT "B" Page 1 of 3 15. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16 October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106) 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19, 2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens P;;~r~t to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission-, [~/~ain - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,,~60. (Motion M2000-435). 23. February 13, 2001 - Approval of acquisition of Parcels No. :~la and ~1~ for $28,291in connection with the Southside Transmission Main - Stevens Flan~ to Clarkwood Road project (M2000-060). 24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located of Callicoate Estates Unit 4 in connection with the Southside Water Transm~s~on Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25 April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001..16;_) 26. June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to [he contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission IVlains. 27. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $1,824,742.00 with Urban Engineering for Southside Transmission Main, Phases 4, 4a & 5. EXHIBIT ='B" Page ;~ of 3 28. 29. March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute an amendment to an engineering services contract in the amount of $615,245 with Urban Engineering for Southside Transmission Main, Phase 6 - Laguna Madre Pipeline Crossing Permitting. July 13, 2004 - a. Ordinance appropriating $2,605,124.62 from the unappropriated fund balance, which includes interest, bond proceeds, and other miscellaneous revenues, from Water CIP Fund 4080; and appropriating in Water CIP Fund 4080 for the Southside Water Transmission Main Phases 4 and 4a; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $2,604,608.64; and declaring an emergency (Ordinance No. 025825) b. Motion authorizing the City Manager, or his designee, to award a construction contract to Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $7,139,820 for the $outhside Water Transmission Main Phases 4 and 4a (M2004-258). EXHIBIT "B" Page 3 of 3 ~c ~Z m~ 5 CITY COUNCIL AGENDA MEMORANDUM DATE: September 21,2004 SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with LNV Engineering, Inc. in the amount of $111,246, for a total restated fee of $980,219, for the Water System Interactive Hydraulic Model and Analysis. ISSUE: In case of an emergency pipeline break in the existing Oso Bay 30-Inch Pipeline Crossing, it is very important that a contingency plan of action and permit identification exist for appropriate response to correcting the break. The proposed Amendment No. 2 will allow for the development of Phase 1 resoume agency coordination with federal and state agencies, concurrence of Best Management Practices (BMP), and contingency plan of action. Contingency planning is necessary to allow the development of pre-negotiated responses with the U. S. Army Corps of Engineers (USACE), resource agencies, and the U S. Naval Air Station of Corpus Christi. The total fee of $111,246 exceeds the $25,000 contract limit; and requires Ci~ Council approval. FUNDING: Funding is available from the FY 2003-2004 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ,~gcfl R. Escobar, P. E., 'Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map Exhibit "C" Contract Summary BACKGROUNDINFORMATION SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AMENDMENT NO. 2 PRIOR COUNCIL ACTION: 1. November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute a consultant contract with LNV Engineering, Inc. of Corpus Chdsti, Texas for a total fee not to exceed $507,157 for the Water System Interactive Model and Analysis Project (Motion No. M2003-420). 2. February 10, 2004 - Appropriation of the Fiscal Year 2003-2004 Capital Budget and Capital Improvement Planning Guide in the amount of $173,624,300 (Ordinance No. O25647). 3. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for engineering services with LNV Engineering, Inc. of Corpus Christi, Texas for a total fee not to exceed $361,816 for the Water System interactive Model and Analysis Project (Motion No. M2004-221). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering fin'ns (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11, 2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). EXHIBIT "A" I Page 1 of 3 PRIOR ADMINISTRATIVE ACTION (continued): 8. Apdl 25, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Auqust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Approval of an Interactive Hydraulic City-wide Water Model to complete the subject project. PROJECT BACKGROUND: The original contract provided for preliminary phase services for the Interactive Hydraulic Model. Council was advised that approval of a City-wide Interactive Hydraulic Model would be necessary to complete the project. This was not included in the odginal contract to allow an assessment of existing data and additional data needs. This allowed the City and consultant to better understand the scope of the work required for the project and negotiate a fee based on the defined scope. Amendment No. 1 consists of an updated interactive hydraulic model and analysis, that will be used to update the 1995 Water Master Plan and includes field verification of the City's distribution system; inventory/analysis of valve system; review of water delivery system; provide steady state/extended pedod simulation analysis; all deliverables to be compatible with the City's GIS and all databases generated will be compatible with vadous water system modeling software. Amendment No. 1 provides for the: FOR INTERACTIVE HYDRAULIC MODEL: · Collection of the additional data required to build the Extended Pedod Simulation (EPS) capabilities into the Corpus Christi Water Model (CCWM). FOR LAGUNA MADRE CROSSING: · Preparation of contingency plans and negotiation of pre-positioned responses with United States Army Corps of Engineers (USACE) and Resource Agencies. · Minor tasks such as workshops, training and system improvements AMENDMENT NO. 2: The existing Oso Bay 30-Inch Pipeline Crossing provides water service to the Flour Bluff area and to Padre Island. In case of an emergency pipeline break of the existing Oso Bay 30-Inch Pipeline Crossing, it is very important that a contingency plan of action and permit identification requirements be available for an appropriate response to correct the break in minimal time and prevent water service disruption. Amendment No. 2 will provide for the development of Phase 1 of contingency planning with federal and state agencies for the Oso Bay 30-Inch Pipeline Crossing. Contingency planning is necessary to allow the development of pre-negotiated responses with the U. S. Army Corps of Engineers (USACE), resource agencies, and I EXHIBIT "A" I Page 2 of 3 I the U. S. Naval Air Station of Corpus Christi. The Contingency Plan will allow for the following: · Identity the most likely repair action and the possible effect. · Identity and assess the range of likely impacts on each segment of the crossing for each type of repair actions. · Describe the likely impacts and appropriate environmental aspects of response, such as potentially applicable best management practices and reporting protocols. · Acquire agency concurrence on Best Management Practices during construction and restoration plan, if sea grasses were present. · Mock Emergency Drill. · Coordinate with Naval Air Station-Corpus Christi for emergency tie-into their existing water distribution system to provide temporary feed to Flour Bluff and Padre Island Also, Amendment No. 2 will allow for a draft and final Contingency Plan and periodically review / update, and meet with the City staff as appropriate. CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "C". EXHIBIr "A" J P~cg~ .~ of 3 \ Mproject \ councilexhibi~s \ exh8487, dwg N NUECES BAY CORPUS CHRIST BAY LAGUNA MADRE PROJECT LOCATION GULF OF MEXICO LOCAT£ON MAP NOT To SCALE PROJECT No. 8487 EXHIBIT 'B' WA TER S YS TEM IN TERA C TIVE MODEL A ND HYDRAULIC ANAL YSlS PROJECT CiTY OF CORPUS CHRIST~, TEXAS CITY COUNCIL EXHIBIT PAGE: I ol= 1 DATE: 09/15/2004- CONTRACT SUMMARY AMENDMENT NO. 2 WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (Project No. 8487) 1. SCOPE OF PROJECT Phase I - Contingency Planning for Oso Bay 30-Inch Pipeline Crossing Objective: Prepare Continqenc¥ Plan, Negotiate pre-positioned responses with: 1. United States Army Corps of Engineers (USACE) 2. Resource Agencies 3. U.S. Naval Air Station - Corpus Christi 1. Prepare project description for use with agencies and identify planning/negotiating parameters. 2. Conduct preliminary meetings with USACE and resource agencies to explain the project and to solicit their input on regulatory issues. 3. Using aedal photographs with limited ground truthing characterize habitat along pipeline route and likely access points (suggest 3-4 segments); all information, including existing pipeline, will be GIS referenced. 4. In close coordination with Team (LNV, SMA, & Orion) and City, identify the most likely repair actions and their possible effects. 5. For each type of repair action, briefly identify and assess the range of likely impacts on each segment of the crossing, 6. Prepare draft Contingency Plan that describes likely impacts and appropriate environmental aspects of response, such as potentially applicable best management practices, reporting protocols, etc. 7. Obtain agency concurrence on Best Management Practices (BMP's) during construction and restoration plan, if sea grasses were present. (No mitigation required if restoration is successful) 8. Location survey approximately 1 mile of 30" inch pipeline across the Oso Bay and the 24-inch line that crosses the relief channel located east of the Intercoastal Waterway. The survey will include: · Probe and survey pipeline at 250 ft. intervals to a depth of 8' below the natural bottom. Page.__lof5 ~ 10. 11. 12. · Depths deeper than 8 ft. will be noted on the drawing as no physical contact with the pipe. · Should high pipe with less than 1' of cover be located intervals will be shortened to locate the start and stop points of exposed pipe. · At the 500' survey intervals the pipeline will be uncovered and cathodic protection readings shall be taken when the pipeline has 3' of cover or less. · A detailed report of the survey findings with drawings will be included in Contingency Plan Prepare a Draft and Final Contingency Plan and periodically review and update/meet with the City as appropriate. Deliverable: A Contingency Plan with the following provisions: (a) description of existing conditions; (b) plan to respond to various types of pipeline failures and type of repair action; (c) pre-agreed upon response measures by agencies; and (d) schematic drawing with status of topographic survey, baseline, and depths indicating location of existing 30" line. Mock Emergency - To critique the Draft Contingency Plan a mock emergency covering one day will be performed. Once completed, a critique of the plan will be performed immediately following the Mock Emergency. The results of the critique session will be incorporated into the Final Contingency Plan. Communication with Naval Air Station - Contact appropriate personnel at the Corpus Christi Naval Air Station to determine if the City may utilize temporary connections on the Shoreline gate and Waldron Road gate locations. The purpose of obtaining the determinations is to allow for a backfeed of the Flour Bluff system thus the Navy Base system in the event that a break occurs in Oso Bay. Signage - Install signs where indicated in the original drawings for both the Laguna and Oso Crossings. IEXHIBIT "C" ! Page 2 of 5 SUMMARY OF DELIVERABLES: 1. Prepare Project Description and Identify Planning/Negotiating Parameters 2. Conduct Preliminary Meetings with USACE 3. GIS Referencing 4. Identify Repair Actions and Effects 5. Identify and Assess Range of Impacts 6. Prepare Draft Contingency Plan 7. Obtain Agency Concurrence on Best Management Practices 8. Location Survey approximately 1 mile of 30" Pipeline across Oso Bay 9. Prepare Contingency Plan & Periodically Review and Update with City 10. Mock Emergency 11. Communication with Naval Air Station 12. Signage SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design ~ervices necessary to review and prepare plans, specifications, and bid and r-qtract documents. In addition, Engineer will provide monthly status update"; i~.,~oiect progress or delays, gantt charts presented with monthly invoices) and ]ro,,ide contract administration services to complete the Project. Work will not beqm on Additional Services until requested by the Engineer (provide breakdow~ ~ ' :-;ts, schedules), and written authorization is provided by the Director of Engn~ecring Services. PROJECT SCHEDULE Task Begin Technical Memorandum Submit DRAFT Contingency Plan City Review Mock Emergency Final Submittal Completion Date June 7, 2004 November 5, 2004 November 19, 2004 TBD TBD 4. SUMMARY OF FEES BASIC SERVICES 1.0 Preliminary Phase $467,157.00 $0,00 2.0 Design Phase 0.00 0.00 3.0 Bid Phase 0.00 0.00 4.0 Construction Phase 0.00 0.00 Subtotal Basic Services 467,157.00 0.00 ADDITIONAL SERVICES 1.0 Permit Preparation 0.00 0.00 2.0 ROW Acquisition Survey 0.00 0.00 3.0 Topographic Survey 0.00 0.00 4.0 Environmental Survey 0.00 0.00 5.0 Construe'don Observation Services 0.00 0.00 6.0 Start-Up Services 0,00 0.00 7.0 Warranty Phase 0.00 0.00 8.0 Provide SCADA Documenation 0.00 0.00 Extended Petiod Simulation (EPS) Model 9.0 Development 0.00 107,067.00 Long-Term Service Projections - Data 10.0 Collection/Demand Projections 0.00 0.00 Modeling Analyses of Dislribution System Expansion (5- 11.0 20 Years) 0,00 0.00 ~2.0 Lot'9 Term Service Development 0.00 0.00 13.0 Cost Methodology 0.00 32.,158.00 14.0 CIP Development 0.00 0.00 15.0 Detailed Evaluation of City-Wide ASR Fadlities 0.00 0.00 160 EPS Training 0 00 0.00 17.0 On-Going Madeliog Support 25,000.00 0.00 WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (Project No. 8487) SUMMARY OF FEES ORIGINAL AMD. AMD, CONTRACT NO. 1 NO. Z TOTAL $0.00 $467,157.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 467,157.00 0.00 0.00 0.OO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.O0 0.00 0.00 107,067.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 32,158.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25,000.00 WATER SYSTEM INTERACTIVE HYDRAULIC MODEL AND ANALYSIS (Project No. 8487) SUMMARY OF FEES ORIGINAL AMD. AMD. CONTRACT NO. 1 NO. 2 TOTAL 18.0 Digitizing Tie Maps 15,000.00 0.00 0.00 15,000.00 19.0 In[rastructure Condition Assessment 0.00 0.00 0.00 Q00 20.0 Vulnerability Assessment 0.00 0.00 0.00 21.0 Vulnerability Reduction & Redundancy Improvement 0.00 0.00 0.00 0.00 22.0 System Operational Protocol 0.00 0.00 0.00 0.00 23.0 Best Business Practices (BPP) 0.00 0.O0 0.00 0.00 24.0 Workshops 0.00 20,154.00 0.00 .......~ ~4 00 25.0 Project Administration 0.00 33,383.00 0.00 35,JU3.00 26.0 Int'ormation Management Services 0.00 0.00 0.00 ...... ~0_~_ 27.0 Project Deliverables 0.00 40,627.00 0.00 40,627.00 28 0 Phase I - Contingency Planning 0.00 128,427.00 0.00 128 427.00 29.0 Phase II - Response to Failure 0.00 0.00 0.00 0.00 30.0 Phase III - Restoration 0.00 0.O0 0.00 0.00 Phase I - Contingency Planning for Oso Bay 30" Pipe 31.0 Line Crossing 0.00 0.00 111,246.00 11, ,246.00 Subtotal Additional Services 40,000.00 361,816.00 111,246 00 TOTAL AUTHORIZED FEE $507,157.00 $361,816.00 $111,246.00 513,062.00 $980,219.00 EXHIBIT "C" 6 AGENDA MEMORANDUM DATE: September 21, 2004 SUBJECT: Bear Lane Bridge Project (Project No. 2406) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to increase the escrow amount with the Texas Department of Transportation in the amount of $53,238.24 for the Bear Lane Bridge project.. ISSUE: Payment of the City's share of construction costs (10%) must be paid prior to the contract being let by TXDOT. FUNDING: Funds are available in the Storm Water Capital Improvement Program. RECOMMENDATION: Staff recommends approva~ef the mgt~on Is presented. id~-['-L_~ngel R. Escobar, P.E., V y Director of Engineering Services Director of Storm '¢~ater Services Additional Supl~ort Material: Exhibit A: Background Information Exhibit B: TXDOT Letter Exhibit C: Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND MEMORANDUM PRIOR COUNCIL ACTION: January 19, 1999 - Resolution authorizing the City Manager to execute an advance funding agreement with the Texas Department of Transportation in the estimated amount of $35,700.00 for preliminary engineering and bridge construction associated with the Bear Lane Bridge Replacement project (Resolution No. 023534). PROJECT DESCRIPTION: The existing Bear Lane Bridge is a timber structure that is inadequate based on current hydraulic and structural standards. The project will install a multi-barrel box culvert on Bear Lane between Heinsohn and Talbert Roads to replace the existing bridge. The multi-box culvert is necessary to accommodate the future widening of the Margaret Kelly Drainage Channel. The project is being constructed by the Texas Department of Transportation as part of the Off State System Bridge Replacement and Rehabilitation Program. Funding co'~:ists of 80% Federal, 10% State and 10% City participation. The City was also responsible for: · Environmental assessments and permits; · Utility adjustments and relocations; · Land acquisition; and · Operation and maintenance upon project completion. FUNDING: The City paid only the estimated preliminary engineering cost ($2,400) at the time the advanced funding agreement was approved. The requested payment consists <)t ~ ~ it¥'s share of the construction contract and the additional preliminary engineering co~;t The City's share of construction (10%) and preliminary engineering (10%) total $55,/.~"~ :'.4 ess the $2,400 previously paid. The letter requesting payment and cost calculation ~s a~tached. See Exhibit B. - Exhibit A ] / Page 1 of 1 Texas Department of Transportation F~O. BOX 9907 · CORPUS CHRISTI, TEXAS 78468-g907 · (361) 808-2300 September 10, 2004 Project: BR 99 (576) Control: 0916-35-074 Highway: CS Bear Lane Cotmty: Nueces Mr. Kevin Stowera Deparlment of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Stowera; We recently received bids for the above referenced project and it seems that we never received the original mount needed for the City of Corpus Clmsti's portion for the construction of the project. This coupled with cost overrun (6.74 %) lead to a shortage of funds in the City escrow funds for this project. We have attached a breakdown of the escrow account which shows a shortage of $ 55,638.24. We need the City send us a check or warrant for tlxis amount made payable to the Texas Department of Transportation to bring up the funds in the escrow account. If you have any questions or neexl additional information relating to this request, please let us know. Sincerely; / ( Peter W. Stricker, P.E., R.P.L.S. Dis~ct Design / Pavement Engineer PWS\ Attachment Xc: Martin C. Horst, P.E. Jose Gaylan, P~E. District Project File I Exhibit B An Equal Opportunity Employer i ~,QO ~ 0!. _ STATEMENT OF COST FOR CITY OF CORPUS CHRISTI SUM OF CONSTRUCTION AND CE (10%)LOCAL SUM OF PRELIMINARY ENGINEERING (10%) CS BEAR LN @ DRAINAGE O PROJECT BR 99(576) CS J: 0916-35-074 CONSTRUCTION $300,00Q00(Pre-Letting Amount) $467,548.19 ( Letting Amount) CE * $33,30000 $51,897.85 $2,400,00 $3,740 39 TOTAL $35,700 00 $55,638.24 Amount Chargeable to the City of Corpus Christi Less: Amt. Placed In Escrow Deficit Amount $55,638.24 $2,400.00 ($53,23824) ExhibE B Page 2 of 2 ~ Mproject~ councilexhibits \ exh2 406.dwg N NUECES BAY CORPUS CHRISTI BAY PROJECT LOCATION LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 2406 EXHIBIT "C" BEAR LANE BRIDGE PROJECT CITY OF CORPUS CHRISTI, TEXAS CT_TY COUNC£L EXHT_BIT DEPARTIdENT OF ENC4NEERING PAGE: I ot: 1 DATE: 09/21/2004 7 CITY COUNCIL AGENDA MEMORANDUM DATE: September 21, 2004 SUBJECT: Storm Water Master Plan (Project No. 2083) AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Goldston Engineering, Inc. in the amount of $300,000, for a total restated fee of $1,348,480, for the Storm Water Master Plan Project. ISSUE: The proposed Amendment No. 2 is necessary to prepare the following five (5) items: 1. Manning's Analysis (Hydraulic Modeling) of approximately 450 miles of existing and ultimate land development open channels (Phase 2). 2. Development of Padre Island / Mustang Island Basin Storm Water Master Plan Map Sheets (Phase 2). 3. Preliminary Hydraulic Analysis (HEC - PAS) of Oso Creek (Phase 3 vice Phase 2). 4. Additional Meetings in support of continued work product review by community and staff (Phase 3). 5. Recommend list of capital improvements for twenty (20) open channel miles for the Stage 1 Implementation Plan work (Phase 3). The total fee of $300,000 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ~/~lerie Gra~(,p. E., -- )lrngbl R. Escobar, P. E., Director of Storm. Water Department 'Director of Engineering Services Additional Sul313~3rt Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUNDINFORMATION SUBJECT: StormWaterMasterPlan(Pr~ectNo. 2083) AMENDMENTNO. 2 PRIOR COUNCIL ACTION: 1. Auqust 28, 2001 - Update on City Council Priodty Issues Action Plan to evaluate the need for a Storm Water Drainage Utility. 2. Auqust 28, 2001 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services in the amount of $1,048,480 with Goldston Engineering, Inc. for the Storm Water Master Plan Project (Motion No_ M2001-336). 3. January 28, 2003 Resolution tentatively approving the Storm Water Management Policies, and directing staff to proceed with preparation of the Storm Water Criteria and Design Manual, including the preparation of alternate levels of protection (Resolution No. 025182). 4. February 10, 2004 - Approval of the FY 2003-2004 Capital Improvements Program (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. June 23. 2000 - Distribution of Request For Proposals (RFP) No. 2000-02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local). 2. June 23, 2000 - Authorization to waive the 75/25 local participation policy, City Policy No. F-13, in the selection procedure. 3. July 19, 2000 - Addendum No. 1 to the Request For Proposals (RFP) No. 2000- 02 - (Storm Water Master Plan Project) to 163 engineering and architectural firms (72 local and 91 non-local). 4. Auqust 16, 2001 - Presentation of Storm Water Master Plan Project to the Storm Water Management Advisory Committee. 5. February 5, 2002 - City Staff Workshop with consultant team. 6. February 0, 2002 and July 9, 2002- Presentation on Storm Water Master Plan Project to Development Services Advisory Group 7. February 21,2002 and April 12, 2002 - Presentation of Storm Water Master Plan Project before the Storm Water Management Advisory Group. 8. March 13, 2002 - Presentation bdefing to Planning Commission on Storm Water Master Plan Project. 9. April 17, 2002 - Town Hall Meeting with the general public. 10. March 7, 2002, April 9, 2002 and July 1, 2002 - meetings to discuss and receive input with Technical Advisory Group on level of protection and policies. 11, January 13, 2003 - Tentative approval by Storm Water Management Advisory Committee of the Storm Water Management Policies. EXHIBIT "A" I Page 1 of 4 PRIOR ADMINISTRATIVE ACTION (continued): 12. January 15, 2003 - Tentative approval by Planning Commission of the Storm Water Management Policies. 13. April 22, 2003 - Administrative approval of Amendment No. 1 to the Contract For Professional Services in the amount of $0 with Goldston Engineering, Inc. for the Storm Water Master Plan Project. This amendment re-aligned fees to include special presentation to the Nueces County Commissioners Court on February 20, 2003, 9:00 AM. 14. July 30, 2004 - Administrative approval of Small NE Agreement in the amount of $24,990 with Goldston Engineering, Inc. for Storm Water Master Plan Training. FUTURE COUNCIL ACTION: 1. Ordinance adopting the Drainage Criteda and Design Manual and the Storm Water Master Plan. 2. Motion authorizing City Manager, or his designee, to enter into an engineering contract for implementation plan, additional evaluation of Individual Storm Water Systems, and deficiencies for the Capital improvement Program. 3. Motion authorizing City Manager, or his designee, to enter into an engineering contract for Phase 4 of the Storm Water Master Plan - Financial analysis/services to develop alternative financing options for future Storm Water Capital Improvement Projects. PROJECT BACKGROUND: On August 16, 2001 the Storm Water Management Advisory Committee was presented with the Storm Water Master Plan Project and the Committee unanimously recommended the project be presented to the City Council. The project was awarded and initiated with the consultant team of Goldston Engineering, Inc., Don Rodman and Dodson & Associates, Inc. in August, 2001. The need for a Storm Water Master Plan Project became evident as a result of a number of drainage studies for different areas in the approved Storm Water Capital Improvements Program (CIP) for FY 1999-2000 on July 20, 1999 (Ordinance No. 023703). The City utilizes Master Plans that date back to 1946, 1961, 1970, 1982, and 1988 with inconsistent cdteria and without an adopted level of protection policy. As a result the Storm Water Master Plan Project includes the development of a comprehensive, updated, consistent Storm Water Master Plan based on an adopted Storm Water ManaQement Polices with a level of protection responsive to the community. The Storm Water Criteria and Desicln Manual is based on the storm water policies and level of protection. The Manual is necessary to respond to land use development, environmental issues and to better define and prioritize on-going and future storm water capital improvement projects. PROJECT DESCRIPTION: This project consists of two phases. Phase One will produce Storm Water Manaqement Policies to be included and implemented through the Storm Water Criteria and Desiqn Manual and adopted by Council action. The Manual will include policy statements for storm water EXHIBIT "A" [ Page 2 of 4 management consistent with federal/state regulations and subdivision development, a level of protection and drainage design criteria that reflect the input of the community. Phase Two will develop an updated, consistent Storm Water Master Plan for the City. The Master Plan will consist of map sheets at a scale of 1" = 400 I.f. with two foot contours based on LIDAR (Light Imaging Detection and Ranging) and aerial photography using USGS 1995 digital orthogonal rectified quarter- quadrangle base maps. The map sheets will reflect the results of the hydrologic and hydraulic modeling of the selected areas to include the parameters required for design of future capital improvement projects as well as land use development projects. Amendment 1 allowed Goldston Engineering, Inc. to provide assistance to City Staff for the presentation before Commissioner's Court in February 2003. AMENDMENT NO. 2: Amendment No. 2 specifically designates Open channel system requirements, augments the storm water master plan map sheets to include Padre and Mustang Island areas, provides additional consultant support, and provides for a Phase Three initial implementation plan. Dudng the development of the Design Criteria and Design Manual (DCDM) it was determined that approximately 450 miles of open channels are anticipated to meet existing and ultimate development. These open channels are identified as "Major" channels that convey runoff from over 500 acres, and "Collector" channels that convey runoff from 200 to 500 acres. The amendment defines engineering effort, topographic requirements for channel location, channel location, size, conveyance requirements, and deliverables. Under the amended Phase Two, the Storm Water Master Plan (SWMP) map sheet boundaries will be increased to include Padre and Mustang Islands within City jurisdiction. Additionally, under Phase 3, twenty-five (25) stream miles of preliminary hydraulic modeling (using HEC-RAS analysis) for the Oso Creek watershed will be performed. Phase Three includes Oso Creek watershed as stated above, consultant support and initial implementation planning as follows: The Oso Creek modeling includes 25.9 open channel miles as presented in Exhibit A3 of the Amendment. This work will provide an estimate of the water surface elevation and inundation limits for both the existing and ultimate land development conditions (100-year storm event) allowing the City to plan for proper development. EXHIBIT "A" Page 3 of 4 I Consultant support provides for presentations with stakeholder interests to present project information and secure community input to the DCDM and SWMP. Included is an initial implementation plan for 20 of the 450 miles that identifies required conveyance improvements for designated channels. The reports will be provided in Capital Improvement Program (CIP) format. PROJECTSCHEDULE: Storm Water Criteda and Design Manual Storm Water Master Plan Public Hearing - Storm Water Advisory Committee Public Headng - Planning Commission Public Headng - City Council Master Plan Adoption - City Council Oso Creek Analysis Implementation Plan 12/22/04 12/17/04 01/12/05 01/19/05 02/08/05 02/22/05 03/07/05 04/18/05 CONTRACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "B". EXHIBIT "A" Page 4 of 4 I CONTRACT SUMMARY AMENDMENT NO. 2 STORM WATER MASTER PLAN (Project No. 2083) SCOPE OF PROJECT Amendment No. 2 specifically designates open channel system requirements, augments the storm water master plan map sheets to include Padre and Mustang Island areas, provides additional consultant support, and provides for a Phase Three initial implementation plan. During the development of the Design Cdteda and Design Manual (DCDM) it was determined that approximately 450 miles of open channels are anticipated to meet existing and ultimate development. These open channels are identified as "Major" channels that convey runoff from over 500 acres, and "Collector" channels that convey runoff from 200 to 500 acres. The amendment defines engineering effort, topographic requirements for channel location, channel location, size, conveyance requirements, and deliverables. Under the amended Phase Two, the Storm Water Master Plan (SWMP) map sheet boundaries will be increased to include Padre and Mustang Islands within City jurisdiction. Additionally, under Phase 3, twenty-five (25) stream miles of preliminary hydraulic modeling (using HEC-RAS analysis) for the Oso Creek watershed will be performed. Phase Three includes Oso Creek watershed as stated above, consultant support and initial implementation planning as follows: The Oso Creek modeling includes 25.9 open channel miles as presented in Exhibit A3 of the Amendment. This work will provide an estimate of the water surface elevation and inundation limits for both the existing and ultimate land development conditions (100-year storm event) allowing the City to plan for proper development. Consultant support provides for presentations with stakeholder interests to present project information and secure community input to the DCDM and SWMP. Included is an initial implementation plan for 20 of the 450 miles that identifies required conveyance improvements for designated channels. The reports will be provided in Capital Improvement Program (CIP) format. EXHIBIT "B" I Page 1 of 2 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. PROJECT SCHEDULE ACTIVITY Project Start Up Level of Protection Research & Evaluation Policy Review and Recommendations Drainage Criteda Guidance Stakeholder Input Storm Water Criteria and Design Manual Storm Water Master Plan Oso Creek Analysis Implementation Plan COMPLETION DATE (Original) 10/15/2001 01/15/2002 04/15/2002 07/15/2002 07/15/2002 12/15/2002 12/15/2002 COMPLETION DATE (Revised) 02/05/2002 11/18/2002 01/28/2003 03/31/2004 09/11/2003 01/12J2005 01/25/2005 03/17/2005 04/18/2005 4. SUMMARY OF FEES Basic Services Phase One - Storm Water Criteria and 1 Design Manual Phase Two - Development of Storm Water Master Plan (includes LIDAR 2 flight) 3 Phase Three - Oso Creek Analysis Subtotal Basic Services Fees Additional Services (Allowance) 1 Topographic Sup,,ey 2 Addifdonal Travel (8 one-day meetings) 3 Special Presentations Subtotal Additional Services Fees Total Authorized Fee ORIGINAL AMD, CONTRACT NO. I AMD, NO. 2 $216,365.00 $0.00 $0.00 740,820.00 0.00 957,185.00 0.00 52,500.00 0.00 38,795.00 (5,000.00) 0.00 5,000.00 91,295.00 0.00 $1,046,460.00 $0.00 11,725.00 288,275.00 300,000.00 TOTAL CONTRACT $216,365.00 752,545.00 288,275.00 1,257,185.00 0.00 52,500.00 0.00 33,795.00 0.00 5,000.00 0.00 91,295 00 $300,000.00 $1,34B,4B0.00 CITY OF CORPUS CHRIS11 STORM WATER MASTER pLAN NUECES CORPUS CHRISTI BAY mm ~ m CITY OF CORPUS CHRISTI STORM WATER MASTER PLAN PRELIMINARY HYDRAULIC ANALYSIS-OSO CREEK  Cit~ of ~ Cor[)us _i--- I~ Ck, isd NC, UN.*, ~ORE BASIN (L~B)I N CITY OF CORPUS CHRISTI STORM WATER MA~TER PLAN 8 AGENDA MEMORANDUM September 21,2004 SUBJECT: Seawall Reconstruction Project - Contract B-2, Part B (Project #3264) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 to the Seawall Contract B-2B with Gunther-Nash, Inc. of St. Louis, Missoud in the amount of 222,212.00 for backfill of existing voids and installation of approximately 14,500 square feet of reinforced concrete paving on the Coopers Alley L-Head FUNDING: Funding is available from the Seawall Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. scobar, P.E. Date ~irector - Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - Change Order Summary Exhibit C - Location Map H:~H 0 M E~EVIN S~G E N~S EAWALL'~ 2'~C~a dB-Powe rto People s~;O5 Memo.doc ADDITIONAL INFORMATION PRIOR ACTIONS: This project has involved a number of complex actions. The most significant Council and administrative actions are attached. See Exhibit BACKGROUND: This change order became necessary due to the discovery of voids behind the bulkhead dudng the replacement of the sanitary sewer line on Coopers Alley L-Head. These voids were not visually apparent during the design of the project. It is necessary to demolish old paving to fill the voids discovered. The change order addresses the required void filling and new paving. An evaluation of paving repair options was completed. It was determined that reinforced concrete paving was preferable to asphalt due to the Iow speeds, frequent vehicular starts and stops, parking movements, and heavy equipment at the haul out facility. The project will provide for approximately 14,500 square feet of reinforced concrete paving. The required scope of work was presented to Laughlin-Thyssen and Gunther Nash [or evaluation. Laughlin-Thyssen offered a lower price for the change order, but it was not deemed to be the best value after review. The proposal submitted by Gunther Nash was $528.40 higher. Laughlin Thyssen proposed to complete the work in 70 days which was deemed excessive and an inconvenience to the public. Gunther Nash would complete the work in only 30 days. The Laughlin Thyssen proposal required the waiver of almost $35,000 in accr~Jed liquidated damages. Further, saving the cost of forty additional days of quality assurance made combined to make the Gunther Nash proposal the best value. PROJECT SCHEDULE: The work will be performed by Gunther Nash following the demobilization from the work area by Laughlin-Thyssen. Gunther Nash should proceed with the work and be complete during October, 2004. RECOMMENDATION: Approval of the motion as presented. H:~HOME~J,~EVINS~GEI~SEAWALL~2~adB-PowerIoPeoples~O5BkgExhA.doc _Exhiblt A ?a(j~ 1 of 1 DEPARTMENT OF F-NGINEERING SERVICES CHANGE ORDER SUMMARY SHEET PROJECT: Seawall Reconstruction Project - Contract B-2B Project No: 3264 APPROVED: City Council on 12/16/03 - Motion No. M2003-454 CONTRACTOR: Gunther Nash, Inc. Two City Place, Suite 380 St. Louis, MO 63141 Total Contract Amount .................................. 25% Limit Amount ......................................... Change Order No. 1 (2/24/04) ...................... Change Order No. 2 (3/22/04) ....................... Change Order No. 3 (5/11/04) ....................... Change Order No. 4 (7/9/04) ........................ Change Order No. 5 (8/31/04) ...................... Total ...................................................... $9,900,080.58 2,475,020.15 351,256.00 0.00 24,310.00 19,715.00 222,212.00 617,493.00 -- 6.24% < 25% Exhibit B { Page 1 of 1 File : \Mproject\councilexhibits\exh3264c.dwg COOPER'S ALLEY L-HEAD PROJECT S[TE PROJECT No. 3264 VICINITY MAP NOT TO SCALE SEAWALL RECONSTRUCTION PROJECT- CONTRACT B-2, PART B CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT D£P~E~ OF ~GINEERtNG S£RV~CES PAGE: I of 1 DA~: 08-24-2004 9 AGENDA MEMORANDUM DATE: September 21, 2004 SUBJECT: Change Order No. 2 - CClA Transportation Security Administration U.S. Customs and Border Protection Offices/Facilities (Project #1091) AGENDA ITEM: Motion recommending authorizing the City Manager, or his designee, to execute Change Order No 2 for the Transportation Security Administration, U. S. Customs and Border Protection Offices/Facilities in the amount of $46,77800 with Beecroff Construction to expedite the Continental Maintenance Facility Build-out ISSUE: During negotiations, Continental Airlines made build-out of their Maintenance Facility a condition of re-locating their facility to CCIA. The City negotiating team agreed to pay for the build-out as a one time expense as the annual lease charges of $55,748.40 exceed the build-out costs. FUNDING: Funds for this project are available in the Airport Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~a[n~el R. Escobar, P. E. Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Change Order Summary Exhibit"C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Continental Airlines Maintenance Facility Build-out ADDITIONAL INFORMATION: The build out of this facility was necessary to induce Continental to locate their maintenance facility in Corpus Christi. The build out includes electrical, fire alarm, ducfing and air conditioning, fencing, interior and mechanical improvements. The City has a four and one half year lease with Continental on this facility with an annual lease payment of $55,748.40. The Continental Maintenance Facility will initially employee ten to twelve people. Expansion of the facility in the future is a distinct possibility. The productivity of the local work'force when combined with competitive rents has made Corpus Christi an attractive business environment. PRIOR COUNCIL ACTION: April 13, 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to Beecrofl Construction of Corpus Christi, Texas, in the amount of $1,698,704 for the Corpus Christi International Airport Transportation Security Administration U.S. Customs and Border Protection Offices/Facilities (M2004-143).. PRIOR ADMINISTRATIVE ACTION: Auc~ust 20, 2004 - Approval of Change Order No. 1 with Beecroft Construction in /he amount of $24,484.00 for the Transportation Security Administration U.S. Custon~s and Border Protection Offices/Facilities for various architectural, electrical, mechanical and security modifications. FUTURE COUNCIL ACTION: Additional action by the Council is not anticipated for this contract. H :~-IOME~,KEVI NS\G E N~AIR\1091TS A\CO 2 Bkg ExhA doc Page 1 of 1 ~ Department of Engineering Services Change Order Summary Sheet September 21, 2004 PROJECT: CCIA Transportation Securit7 Administration/US Customs & Border Protection Project No. 1091 APPROVED: Cib/Council on 4/13/04. by Motion No. M2004-143 CONTRACTOR: B. E. Beecroft Co., Inc. P. O. Box 2643 Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT ................................ 25% Limit Amount ................................................. Change Order No. I (7/20/04) .................................... Change Order No. 2 (9/21/04) ............................... Total $1,698,704.00 424,676.00 24,484.00 46,778.00 71,262.00 = 4.19% < 25% Exhibit B Page 1 of 2 File : \Mproject\councilexhibits\exh 109 !.dwg N San Patricio County NUECES BAY PROJECT LOCATION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE CITY PROJECT No. 1091 CORPUS CHRISTI INTERNATIONAL AIRPORT TRANSPORTATION SECURITY ADMINISTRATION U. S. CUSTOMS AND BORDER PROTECTION OFFICESIFACILITIES (Change Order No. 2) EXHIBIT "C' CITY COUNCIL EXHZB[T CITY OF CORPUS CHRISTI, TEXAS O~:7~ARTMENT OF ENGINEERING $~.RVlCES PAGE: I of 1 DATE: 09-21-2004 10 AGENDA MEMORANDUM September 21, 2004 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute change order 59 with Fulton/Coastcon, Inc., A Joint Venture, in the amount of $104,217.77 for Corpus Christi International Airport New Terminal Building to complete exterior Terminal Expansion to address architectural, electrical, and mechanical modifications. ISSUES: Approval of the change order is necessary to authorize payment of work completed. FUNDING: Funds for this project are available Airport Capital Project Fund. RECOMMENDATION: Approval of the motion as presented. scobar, P.E. Director of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Summary of Change Orders Exhibit D: Location Map H:~IO M E'~EV] N S\G EN~AI R~,IEWTERM\'~CO5 9m doc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The change order is necessary to address thirteen (13) work items that were necessary to complete the project. The most expensive item is for HVAC revisions at the new checkpoint area (No. 12. - $42,613.55). The new checkpoint area did not have HVAC in the immediate area This would not pose a problem at the location as it was originally designed as a corridor. Relocation of the checkpoint required HVAC be located in the immediate area to ensure proper temperature control. The other twelve (12) work items ranged between $662.06 and $12,167.63. The items in order of descending value were: · Installation of fire sprinklers in vacant building shell areas - $12,167.63. The work was originally intended to be deferred until build out. Installation of the sprinkler system was required to obtain a certificate of occupancy. · Extend electrical feed, box and breaker to new retail magazine shop $12,115.83. The work was to be done by the tenant, but lease negotiations resulted in the City extending the power to the space with the tenant providing build out. · Revisions to break room 2015 - $7,665.18. Added built in cabinets, range and other improvements at request of City. · Install electrical to support relocated checkpoint - $6,099.45. Checkpoint was relocated to a location that did not have the required electrical equipment to operate equipment. · Provide a new Fire Department stand pipe connection $5,406.80. Fire Department requested an additional stand pipe connection point. · Repair Gate 7 area fascia - $4,359.64. This repaired old walkway area at the end of the roof and fascia. · Add Viracon stripped glass - $4,214.39. Installation of ornamental glass to dress up area. · Relocate Gate I back wall counter - $2,984.56. Negotiated change with Delta Airlines to accommodate their being the first relocated airline. · Lower valve boxes and install 2-6-inch bollards $2,253.07. Existing valve boxes required adjustment to be level with pavement and bollards were needed to protect an existing fire hydrant. · Re-route 4-inch HVAC vent to new location $1,867.12. Vent could not be routed as originally designed to conflicts with structure and other electrical, mechanical and plumbing systems. · Provide HVAC, additional lighting and receptacle in Room 1111 - $1,808.49. Vacant downstairs room was modified to be used as storage included partition removal, HVAC, lights, receptacle and floor repairs. · Add smoke detectors in front of elevator - $662.06. Required by State inspectors before certifying elevator. H:~HO M E~KEVI NS~G E N~AIR~IEVCI'E R M\^co59a~,~l b kg doc IEXHIBITA I Page 1 of 2 PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. FUTURE COUNCIL/ADMINISTRATIVE ACTIONS: A construction contract will need to be awarded to complete the build out of the ~dried in" lease space shell. BOARDICOMMI'I-rEE REVIEW: The Airport Board has reviewed the change order and recommended its approval. H:~HO M E~KEVINS\GEN~AI R~',,JEWTE RM\^co5 9 aw:l.b kg .doc IEXHIBIT A 1 Page 2 of 2 PRIOR COUNCIL ACTIONS Auqust 25, 1998 - Resolution approving the financial i:easibility plan to fund the five-year capital improvement program for COlA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-O0 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. 6 January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to Ihe architectural/engineenng services contract with M. Arthur Gensler, Jr. and Associates.' thc in the amounl ot $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B E. Beecro[t Company, Inc. tor temporary facilities for the Terminal Reconstruction Program (M2000~6) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M Arthur Gensler, Jr and Associates, Inc in the amount ot $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport, (M2000-153) 9 Auqust 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in /he amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412) 11. November 21, 2000 - Motion authorizing Ihe City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount oi: $196,400 for the for the Corpus Chdsti International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Ful/onlCoastcon in the amount of $56,026.58 for the Corpus Chdsti international Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcen in the amount of $103,140.44 for the Corpus Chdsti International Airport Terminal Construction project {M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 !rews~on of structural foundations to reflect t~eld conditions) with Fulton/Coastcen in the ~rrount of IEXHIBIT B t Page 1 of 6 H:~IOME~KEVINS\GE N~AIR~N EWTE RMV~CO59 P dorAc~io ns Exh B .doc 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architecturat/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi International Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 9, 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). October 23, 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326 24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the Cib/ Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Chdsti International Airport Terminal Construction project. (M2001-401). April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102). May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Chdsti International Airport Terminal Construction project. (M2002- 132). June 61 2002 - Motion authorizing the City Manager to execute Change Order No, 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). December 17, 2002 - Motion authorizing the City Manager to execute Amendment No. 13 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $366,158.00 for the for the Corpus Chdsti Inlemational Airport Terminal Construction project (M2002-102). May 27, 2003 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcon, Inc,, A Joint Venture, in the net amount of $425,410.87 for Corpus Chdsti International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Secudty Administration lease areas and an extedor finish system for the Air Cargo Building (M2003-198). H:~HOME~KEVlNS\GEN~AIR~IEVV'rERM\^CO59PdorActionsExhB doc t EXHIBIT B I Page 2 of 6 25 26¸ 27¸ 2 3. 4 5. 6. 7. October 141 2003 - Motion authorizing the Ci[~ Manager, or his designee, to execute Amendment No. 16 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount o[ $150,350 [or additional construction phase services for the Corpus Christi international Airport Terminal project (M2003-361). January 13, 2004 - Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcen, Inc., A Joint Venture, in the net amount of $425,410.87 [or Corpus Christi International Airport New Terminal Building to complete extedor Terminal Expansion to include all work associated with the final phase of the original terminal design as modified and the exterior shell of the Transportation Security Administration and Federal Inspection Station areas (M2004-011 ). January 13, 2004 - Motion authorizing/he City Manager, or his designee, to execute Amendment No. 17 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc in an amount not to exceed $143,870 for additional construction phase services for the Corpus Chdsti International Airport Terminal project (M2004-014). PRIOR ADMINISTRATIVE ACTIONS January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coasthon for temporary vestibules, air curtains, and lighting. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcen [or temporary canopy. January 23, 2001 - Award of Amendment No. 4 to M Arthur Gensler and Associates in the amount o1 $14,000 for structural slab and double wall air handler units. February 9, 2001 - Award o[ Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for vadous util~ work, rerouting o[ conduits, and temporary speakers at curb-side. February 14, 2001 - Award o[ Amendment No. 5 to M Arthur Gensler and Associates in the amount ot $14,920 [or apron extension/access roads & terminal apron projects. (separate project) February 16, 2001 - Award o[ Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. March 19, 2001 - Award ot Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon tot storm drain repairs and removal, additional traffic markings and signage, and isolation o[ HVAC piping and controls. March 29, 2001 - Award o[ Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 [or design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. March 30, 2001 - Award o[ Amendment No 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award o[ Change Order No. 7 in the amount o[ $5,974 87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. ADdl 13, 2001 - Award of Change Order No. 8 in the amount o[ $14,495.95 to Fulton/Coastcen [or various electrical modifications and security alarms 12. Ma,/ 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount ot $5,280 for design o[ three (3) overhead coiling security gdlls and side-stream filter and isolation valves [or cooling towers. H:'~IOME~EVIN S\G E N~AIRtN EWTE RM\~CO 59 P no rActio ns Exh B.doc EXHIBIT B Page 3 of 6 13. May 10, 2001 - Award o[ Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modit~cation o[ a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount o[ $22,253.97 to Fulton/Coastcon for additional fill matedal and relocation ot [ood cour~ water meter. 15. Ma,/ 22, 2001 - Award ot Change Order No. 13 in the amount ot $23,381.00 to Fulton/Coastcon for substitution oi' double wall air handlers in lieu of single wall air handlers. 16 June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of tithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcen [or substitution of copper wound trans[ormem in lieu oi: aluminum wound trans[ormers and additional fill material. 18. Jul,/2, 2001 - Award or Change Order No. 16 in the amount o[ $23,965.32 to FultonJCoastcen for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. Jul,/ 51 2001 - Award o[ Change Order No. 17 in the amount o[ $13,119.75 to Fulton/Coastcen for- storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation ot telephone and local area neb,york (LAN). 20. Auqust 22, 2001 - Award o[ Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcen for raising the elevation ot asphalt crosswalks and additional excavation and ~11 matedal under the old restaurant area 21. September 4, 2001 - Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcen for relocation of equipment [or jet bridge power room, and baggage service office/additional operation space for Continental Express 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment 23. March 30, 2001 - Award of Amendmenl No. 2 in the amount oi: $15,000 to AGCM, Inc. for additional inspection services. 24. December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewa/er lift station and aluminum panel details at security checkpoint 25. January 24, 2002 - Award o[ Amendment No, 10 to M Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award ot Amendment No, 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension oi: the Terminal Building Main canopy. 27 October 31, 2001 - Award oi' Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors [or baggage doors, include baggage equipment on emergency power, revise cooling tower i:oundation, and relocate water line to improve future access 28, November 14, 2001 - Award of Change Order No, 26 in the amount of $17,712.62 to Fulton/Coastcon [or emergency power [or airlines, modification of bag handling door cenb'ols, and other modifications. H:~HOM E~KEVINS\GE N~AIR~IEWTE RIV~CO5 9PriorAc~io ns Exh B .doc I .EX_H!BIT B I Page 4 of 6 29. December 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastccn for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Change Order No. 28 in the amount o[ $24,424.61 to Fulton/Coastcon ~:or secudty modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award o[ Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon [or additional security expenses, bag conveyor openings, and fire damper. 32 February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for extedor baggage operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32 in the amount o[ $24,840.92 to Fulton/Coastcon [or additional offices, relocation of ticket counters and return air openings. 34 Ma,/ 15, 2002 - Award of Change Order No. 33 in the amount oi: $24,871.93 to Fulton/Coastcon [or mechanical and structural modifications 35 May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 36. Jul,/ 17, 2002 - Award ol~ Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for vadous minor enhancements (carpet, voice/data circuits, door pulls, security modifications, etc). 37. Auqust 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fuiton/Coastcon [or mechanical, elecLrical and other modifications. 38 September 5, 2002 - Award oi' Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. 39 October 30, 2002 - Award oi' Change Order No. 39 in the amount oi' $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No 40 in /he amount of $17,231.32 to Fuiton/Coas[con for electrical modifications, advertising modifications, rent car telephones, and window blinds. 41 February 6, 2003 - Award of Change Order No. 41 in the amount oi: $21,337.32 to Fulton/Coastcon for food court ceiling and relocation oi' visitor information desk. 42 February 171 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fuiton/Coastcon [or additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for vadous electrical, plumbing, signage, fire alarm, and HVAC modifications. 44 March 211 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for vadous ticket counter shell, bagwell for Delta, additional piping ftanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. 45. April 10, 2003 - Award of Change Order No. 46 in the amount of $24,919 61 [o Fulton/Coastcon for valance support, fire alarm monitoring modules for jet bddges, HVAC modifications, westem power feed to jet bridge power center, and interior trash receptacles. Page 5 of 6 H :~H OM EtKEVI NS \GE N~AIR~IEV'Cr E RMV~CO59P rio rActio ns Exh B .doc 46. April 30, 2003 - Award ot Change Order No. 47 in the amount of $24,393.37 to Fulton/Coastcon for painting old terminal, hardware revisions, exterior opera[ors for fire doors, relocation of fire hydrant, fiber optic network, power [or vending, retail and check point lights, and adding regulator and vent to boiler. 47 June 25, 2003 - Amendment No. 14 to M. Arthur Gensler and Associates in the amount of $24,900 for relocation of the jet bridge emergency generator, women's restroom, security checkpoint, and modification of Gate 6 for in[emational and domestic arrivals, 48. June 27, 2003 - Award of Change Order No 48 in the amount of $23,998.95 to Fulton/Coastcon for painting type-S light fixtures, adding four smoke alarms to baggage claim, backf]ow check valve at Gate 2, photocells for type-M light fixtures, electrical support for Southwest Airline move, revise cargo facility CCTV cameras, chiller expansion tank, revise doors for the temporary Southwest Airline ticketing location. 49. July 71 2003 - Award of Change Order No. 49 in the amount of $23,562.00 to Fulton/Coastcon for Hayden W. Head sign. 50. July 28, 2003 - Award of Change Order No. 50 in the amount of $22,923.05 to Fulton/Coastcon for modifications to the Southwest Airline Air Traffic Operations area, modification of existing fire sprinklers, additional ticket lobby restroom signage, underground utilities for concourse expansion, power to temporary Aero Mex location, revision of cargo building participation to tenants' requirements, removal of transite material, and wall grills in cargo building. 51. September 23, 2003 - Amendment No. 15 to M, Arthur Gensler and Associates in the amount of $16,250 for documentation of revisions to west and east administrative offices, specification of fumiture, meetings with Art Task Force, improvement of lighting in security checkpoint area, design and document Terminal pdmary sign and lighting adjacent to McGregor murals. 52. September 24, 2003 - Award of Change Order No. 51 in the amount of $24,802.51 to Fulton/Coastcon for automated chiller valve operation, 277 volt lighting circuits, and chiller piping modifications, 53 October 241 2003 - Award of Change Order No. 52 in the amount of $24,189.76 to Fulton/Coastcon for upgrade of the temporary partition, additional signage, and finish tdm not included on plans. 54 November 6, 2003 - Award of Change Order No. 53 in the amount of $23,766.51 to Fulton/Coastcon for modification of AHU ducts, modification of Southwest Airline ticket counters, additional exterior hose bibs and gate operator power 55. February 17, 2004 - Award of Change Order No. 55 in the amount of $24,715.95 to Fulton/Coastcon for extend and install electrical power and communications to American Eagle ticket counters, extend gate 10 secudty guard monitoring, roofing and sheet metal work to back of ATO canopy, and revise existing ticket lobby ceiling. 56. March 24, 2004 - Award of Change Order No. 56 in the amount of $24,794,26 to Fullon/Coastcon for stucco repairs on existing ATO canopy, plaster system for belly cargo west wall, parking lot camera, condensate drains for AHU in corridor, 4" concrete slab between sidewalk and roadway curb on north side of belly cargo. 57, April 201 2004 - Award of Change Order No. 57 in the amount of $24,612.91 to Fufton/Coastcon for trash compactor relocation, building signage power, water meters for cooling towers, and camera south of checkpoint. 58. April 21, 2004 - Award of Change Order No. 58 in the amount of $23,753.25 to Fulton/Coastcon for relocation of gate 1, card readers for Whataburger, cutting and removal of concrete, tie in of lay in ceiling, duct and air devices in restrooms. H:~HOME~KEVlNS\GEN~AIR~IEWTERM\^CO59PdorActionsE:~hB.doc Page 6 of 6 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET Sap[ember 7, 2004 PROJECT: CCIA TERMINAL CONSTRUCTION PROGRAM 2000 PROJECT NO: 1(~71 APPROVED: APPROVED BY COUNCIL MOTION NO. M2000-292 CONTRACTOR: FULTON CONSTRUCTION/COASTCON lNG, p. O. Box 9466 CORPUS CHRISTI, TX 78,469 TOTAL CONTRACT AMOUNT ................ 25% Limit Amounl ................... 16,472,000.00 Change Order No. 1 (Approved by Council 1 1/21/00) .~,026.5~ Change Order No. 2 (1/17/01) 24,071 00 Change Order No. 3 (1/22/01) 19,121.55 Change Order No. 4 (2/9/01) 11,922.16 Change Order No. 5 (2/16/01) ............... 19,914.33 Change Order No. 6 (3/3/26/01) .................... 15,672.70 Chan,ge Order No. 7 (4/2/01) 5,974.87 Change Order No. 8 (4/13/01) .............. 14,495.95 Change Order No. 9 (4/18/01) ....................... 103,140.44 Change Order No 10 (4123101) 19,340.74 Change Order No. 11 (5/8/01) ....................... 22,253.97 Change Order No. 12 (5/'i6/01) ......................... 36,6~,6.74 Change Order No. 13 (5/21/01) ....................... 23,38t.00 Change Order No. 14 (5/29/01) .......................... 23,636.11 Change Order No. 15 (6/1/01) ...................... 19,995.02 Change Order No. 16 (6/19/01) ............... 23,965.32 Change Order No. 17 (6/29/01 ) .......................... 13,119.75 Change Order No. 18 (0/14/01) ...................... 23,885.98 Change Order No. 19 (8/20/01) ........................... 514,974~42 Change Order No. 20 (0/27/01) .......................... 21,597.34 Change Order No. 21 (8/30/01) .......................... 24,686.68 Change Order No. 22 (8/6/01) ............................ 155,449.01 Change Order No. 23 (9/24/01) ........................ 20,326.24 Change Order No. 24 (10/1/01) .......................... 23,490.93 CJnange Order No. 25 (10/17/01) .................. 14,515.57 Change Order No. 26 (11/14~1) .......................... 17,712.62 Change Order No. 27 (12/24/01) ............... 21,234.46 Change Order No. 28 (118102) 24,424.61 Change Order No. 29 (2/1 2/02) 24,078.56 Change Order No. 30 (2/28102) 21 ,'543.15 Change Order No. 31 (4/18/02) ................... 63,257.13 Change Order No. 32 (4/30/02) ......... 24,840.92 Change Order No. 33 (5/10/02) .................. 24,871.93 Change Order No. 34 (5/17102) ....................... 19,673.85 Change Order No. 35 (5/6/02) 212,129.61 Change Order No. 36 (7/10/02) ............ 20,265.24 ChanCre Order No. 37 (7/24/02) ...................... 19,556.82 Change Order Ne. 38 (8/25/02) ......................... 24,g54.30 Change Order No. 39 (10121102) ......................... 20,030.69 Change Order No. 40 (10/28/02) ......................... 17,231.32 Change Order No. 41 (11/8/02) .......................... 21,337.32 Change Order No. 42 (1/7/02) .............. 22.,915~20 Change Order No. 43 (2/19/03) ........................... 24,542.08 Change Order No. 44 (3/20/03) ........................ 20,422.87 Change Order No. 45 (3/20/03) ...................... 425,410.87 Change Order NO. 46 (414103) ............................ 24,919.61 Change Order Ne. 47 (4/1 5/03) ........................... 24,393.37 Change Order No. 48 (6/16/03) ........................ 23,998.95 Change Order No. 49 (6/30/03) .......................... 23,562.00 Change Order No. 50 (7/11/03) ..................... 22,923.05 Change Order No. 51 (9~4/03) ........................... 24,802.51 Change Order No. 52 (10/1/03) ........................... 24,169.76 Change Order NO. 53 (10129103) ....................... 23,766.51 Change Order No. 54 (12/29/03) .......................... 1,250,000.00 Change Order No. 55 (2/17/04) ......................... 24,715.95 Change Order No. 56 (3/24/04) .................... 24,794,26 Change Order No. 57 (4/20/04) ..................... 24,612.91 Change Ordez No. 58 (4/21/04) ....................... 23,753.25 Change Order No. 59 (7r27/04) ................. 104,217.77 Total .......................... 3,g68,762.45 = 24.1%- ~' File : \Mprojecg\councilexhibit$\exhlO71o.dwg San Pqtricio County PROJECT lO00 INTERNATIONAL DRIVE CORPUS CHRISTI, LOCATION LOCATION MAP NOT 70 SCALE NUECES BAY CORPUS CHRISTI BAY TERMINAL PARKING LANDING APRON RMINAL LANDING APRON BUILDING PROJECT LOCATION NOT ro SCALE CITY PROJECT No. 1071 CORPUS CHRISTI INTERNATIONAL AIRPORT CHANGE ORDER NO. 59 FAA AlP 5-48-0051-28-00 CITY OF CORPUS CHRISTI, TL-XAS EXHIBIT "D" CITY COUNCIL EXHIBIT ~ ~P~ENT OF EN~NEERI~ SERV~C~ PAGE: I of 1 DA~: 09-21-2~4 ~ 11 CITY COUNCIL AGENDA MEMORANDUM Date: September 21, 2004 AGENDA ITEM: Motion authorizing the City Manager, or the City Manager's designee, to execute an amendment in the amount of $79,663.00 to the consulting contract with TriData Corporation approved by the City Council on July 13, 2004 to expand the scope of work to include those items discussed during the Council meeting of July 13th. Funding for this contract amendment is available in 1020-11030-53000. ISSUE: The proposed contract amendment will expand the scope of review o f the Corpus Christi Fire Department both fire and EMS within the Corpus Christi Fire Department in an effort to identify current operational levels and potential efficiencies that may be available for implementation within the Department. BACKGROUND: During the Fire Department's budget hearings for the FY 04-05 City Budget, the City Council requested that a study of the department be undertaken. The initial contract for tiffs review was approved by the City Council on July 13, 2004. During th. at meeting there were suggestions to expand the scope of work to include the entire Fire Department within the review. in response to those suggestions, staffentcred into discussions with TriData to define the expansion of the scope of work and to identify costs that would be associated with the expanded scope of work. The result is the attached Proposal Phase 1/(Revised) for a Comprehensive Analysis of Fire End Emergency Medical Service Delivery, which provides detailed concerning the expansion of work and an accounting of the expenses associated with that work. Briefly, the scope of work has been expanded to include the following: 1. Review organizational structure and management practices. Expanded review of fire suppression, EMS, and special operations, including best practices. Analysis of health and safety programs, and work related Injuries, including review of the following: a. Review work related injury claims, costs, absenteeism, overtime pay, and disability claims to assess strengths and weaknesses of current safety, fitness, and wellness programming and make recommendations for program modifications that can improve firefighter safety and fitness. b. Development and implementation of firefighter task-specific exercise programs that are time efficient, requiring minimal investment into equipment. c. Development of periodic fitness evaluations delivered effectively by station commanders or appointed personnel. d. Implementation ora comprehensive program that expands beyond fitness programming to include education, seminars, workshops, and rehabilitation (return-to-work). e. Ability to follow established fitness guidelines as outlined under the IAFF/IAFC Wellness-Fitness Initiative. Review of fire prevention and investigation, including existing codes, plan review, and public education. 5. Revenue ideas, including analysis of existing fee structure. 6 Review of support services, including 91 l dispatch and communications, emergency management, training, and fleet management. The proposed contract amendment with TriData is attached. Funding for this contract is budgeted in 1020-11030-53000. FUTURE COUNCIL ACTION: The results of the TriData study will be presented to thr (?ity in three forms. First, a final draft will be forwarded for review and comment. Followinu 'c, ~t,~ of comments, the company will complete the study and forward copies of their final repert :,; 'i~ { , t y. TriData will also schedule a formal presentation of their study and their recommendations let a City Council meeting. RECOMMENDATION: It is recommended that the Council approve the motion to accept the amendment to the contract with TriData Corpora~,xj t"~N~ PROPOSAl.- PHASE II (Revised) Comprehensive Analysis Fire and Emergency Medical Service Delivery City of Corpus Christi, Texas Submitted to: Mr. Richard Hooks City of Corpus Christi Corpus Christi Fire Department 2406 Leopard #301 Corpus Christi, Texas 78408 (361) 880-3931 Submitted by: TriData Division System Planning Corporauon 1000 Wilson Blvd., 30m Floor Arlington, Virginia 22209 (703) 351-8300 PROPRIETARY/CONFIDENTIAL INFORMATION The information contained in ibis document is the property of TriData, a division of System Planning Corporation and represents proprietary and confidential lnformalion. Duplication, use, or disclosure, in whole or part, of the information wiibout the express written permission of System Planning Corporation is prohibited. AUGUST 17, 2004 City of Corpus Chrtsh, Texas - Phase II Proposal TABLE OF CONTENTS METHODOLOGY ....................................................................................................... 2 Scope of Work Phase I ...................................................................................................... 2 Scope of Work - Phase II .................................................................................................... 3 Project Timeline ................................................................................................................ 9 PERSONNEL ........................................................................................................... '10 Qualifications and Experience o f TriData Project S taft ..................................................... 10 COS1 PROPOSAL .................................................................................................. '14 TriData, A Division of i ,,~gust 2004 System Planning Corporation City of Corpus Christi, Texas - Phase [I Proposal METHODOLOGY The City desires to have the original contract amended to include a study of all major divisions and operations of the Corpus Christi Fire Department (CCFD). Phase I includes a review of key components of the emergency response system including finding ways to "provide the most economical service delivery while maintaining acceptable levels of service to the community." The CCFD is a mumcipal fire department that provides a full range of modem fire department services, including fire suppression, emergency medical services, EMS transport, hazmat, prevention, and other services. It protects a population of nearly 280,000 spanning over 135 square miles. Major business for the City includes petroleum refineries and tourism. Phase I of the study includes seven key areas: SCOPE OF WORK - PHASE I 1. A detailed review and analysis of fire station locations, fire suppression staffing asld deployment, and recomn-tendations for alternate methods of staffing and deployment taking into consideration type and number of calls for service. Personnel leave patterns and history as well as personnel policies and contractual issues shall be reviewed and included in this review. 2. An analysis of current response times to determine how often fire companies arrive on scene within four minutes, and how often the full alarm assignment is on scene within eight minutes, also to determine current "turn out" time 3. A detailed review and analysis of current EMS delivery including Medic Unit staffing and deployment, and recommendations for alternate methods of EMS delivery to include, but not limited to: Municipal utility models · Paramedic Engine concepts · Public/Private integration · Citywide Franchising · Other delivery methods not listed above. 4. An assessment of cost of delivering emergency medical service as compared against other major metropolitan areas within the State of Texas, to include specifically: · Cost of service versus revenue production · Cost per EMS vehicle operated · Costper call response · Call volume per EMS vehicle operated. TriDala, A Division of 2 August 2004 System plannmg Corporation City of Corpus Christi, Texas - phase 11 Proposal 5. An assessment of the impact of current contractual requirements of all firefighters to become paramedics and the impact of National Registry examinations on retention of cadets as well as impact on overall staffing of the department. 6. A review of current revenues and recommendations for the Department to increase current or add additional revenue sources. 7. Compahsons of Corpus Christi to ten similar/comparable (financial status) municipalities to include the cost of providing fire suppression services. SCOPE OF IArORK - PHASE II The proposed Phase II of the study will include completion of all elements of Phase I, and the following: 1. Review Organizational Structure and Management Practices. (Brezler and Owens) We will consider the logic of the organization chart, internal communications, spans of control, training of people in supervisory positions, nianagement information, md other aspects of the organization and management of the department. We consider the use of information management, adequacy of facilities, and clerical support staff. We will review departmental policies and procedures and their documentation In the course of other tasks here, we will see if they are consistent with actual practices and City policy. We will also review information technology and records management systems (e.g., documentation and reporting systems). They are vital functions that affect the productivity of the department. We will review them to see if there are any major problems, and if the staffing and structure of those functions seems appropriate. We will review the state of the department's computer support. In part, this is determined by the ease of providing data to the variety of questions that will be raised in this study. Most fire departments have become dependent on computers but do not recei', ,* ~ ,:quate IT support for applications development and maintenance, and for system mai~t~ nance TriData will also consider human resources policies and procedures. Items that ,~,ill be reviewed include, application and use of FMLA, light duty, leave (vacation a~,l, i'.,ess), position descriptions, recruitment and retention, promotional procedures, perfo~mm~ce reviews, u~fion and management relations, cormnurtity input process (CIP) and awareness. We will also consider whether additional civilianization is prudent and reasonable. Expanded Review of Fire Suppression, EMS, and Special Operations. (Richmond, Orgen) In Phase II the review of fire suppression, EMS, and Special Operations is exp~ dod beyond the limited study of Phase I. Where Phase I was designed for the study of TriDala, A Division of 3 August 21304 System planrung Corporatuon City of Corpus Christi, Texas - Phase [1 Proposal personnel and apparatus, Phase II is designed primarily to look at strategic issues and policy formulation that affect actual delivery of fire and EMS services. The expanded review looks more in-depth at actual operations including the review of operating policies and guidelines, the division of labor between various ranks, effectiveness of supervision and management and the overall quality of service provided by personnel. A review of incident command procedures including how well persormel are trained and use the national model Incident Management System (IMS) will also be accomphshed. We will also look at inter-department command procedures required for large-scale incidents where multiple agency cooperation is necessary (unified command). The review of command and control will also assess the effectiveness of the current fire and EMS system; whether or not fire and EMS are adequately integrated operationally and procedurally. The expanded review of operations will look at mutual aid policies, the availability of ' outside resources, and whether mutual aid can be expanded to improve service and efficiency. We will review existing mutual agreements and whether or not they are sufficient, up-to-date, and serve the best interest of the City. Cooperative Inter- Governmental Agreements (IGA) currently in-place with other local or state agencies will also be reviewed. Finally, we will also look at the scope of specialized services such as technical rescue and hazardous material response. This review will include the assessment of current certification and training levels, annual refresher training and whether or not the department provides these services at a level consistent with the needs and demand of the community. We will also look at whether another state or local agency is more strategically suited to deliver these services (either in whole, or part). Best Practices We will compare the current levels of services provided against community needs, and against services and service levels in comparable jurisdictions. TriData has much data on other jurisdictions of Corpus Christi's size, but we also will discuss with you the jurisdictions to which you compare yourselves and will fill in needed comparative data. We have a unique perspective of best practices and "Best Model" municipalities not only in the United States, but also around the world. We did a series of research called International Concepts in Fire Protectton in which we studied best practices in the Far East, Europe, Australia, and other places, in addition to North America (U.S., Cal~ada, and Mexico) to understand why so many foreign cities spend less money yet have better bottom-line results in fire protection, and firefighter injuries that we do. TriData, A Division of 4 August 2004 System Planning Corporation City of Corpus Christi, Texas - Phase I1 Proposal Our comparisons view bottom-line results, not just inputs That is, while we look at input measures such as the number of firefighters per 1,000 population, cost per 1,000 population, the staffing of units, and the size of the response complement sent to various types of calls, we also look at intermediate measures such as response times, and bottom- line measures such as the fires, deaths, injuries, dollar-loss per capita, and the number of firefighter injuries per 100 firefighters, to name just a few statistics examined. 3. Analysis of Health and Safety Programs, and Work related Injuries. (Comana) The keys to success of a wellness program depend upon the ability to periodically assess the effectiveness of current safety programs. The primary purpose of the review of safety health, and wellness is to assess how the current safety program, still in infancy, can be improved. The review will include the following: · Creation of a Wellness Coordinator position for an individual who is both knowledgeable (specific to firefighter needs) and resourceful (having strong affiliations with a university or similar institution) to ensure both credibdity and cost-effectiveness of the program. · Development and implementation of firefighter task-specific exercise programs that are time efficient, requiring minimal investment into equipment. · Development of periodic fitness evaluations delivered effectively by station commanders or appointed personnel. · lmplemcmtation of a comprehensive program that expands beyond fitness programming to include education, seminars, workshops, and rehabilitation (return-to-work). Ability to follow established fitness guidelines as outlined under the IAFI' IAFC Wellness-Fitness Initiative The effectiveness of a program review is contingent upon the accessibility and availability to key personnel, data, internal political culture and internal adminJs~r ~ ive support. We will evaluate current statistics on work-related injuries. TriData will ~:view work-related injury claims, costs, absenteeism, overtime pay, and disability. W~ evaluate the current wellness and fitness program, assessing the programs el'fec~,~ '~!ess, appropriateness and accessibility, employee participation rates (both fitness and b:.ick-to- work) and compliancy issues. We will make recommendation on the current ~,,~, program, outliaing strengths and weaknesses, identifying costs and current returv investment (ROI) for current programs. TriData has written manuals for the U.S. Fire Administration on cost-effectivenes~- of health and wellness (fitness) program, and on programs that work best in fire ttcp;li m~ent. 4 Review of Fire Prevention and Investigation. (Word-Haley) TriDam, A Division of 5 /~: ~gust 2004 System Plaruung Corporal/on City of Corpus Christi, Texas - Phase II Proposal TriData will review the four major aspects of prevention: the codes being used and the plans review process; code enforcement/inspections; public fire education; and fire investigation/arson control. We will consider current staffing levels, workloads, and organizational structures in both prevention and fire investigation. We will assess whether the current model of using trained fire investigators to do both cause and origin while also having arrest authority is the most efficient, or whether t-rte investigators should focus primarily on cause and origin, with police officers being responsible for enforcement and arrest. Perhaps the most cost-effective element of prevention is public fire and injury education. It affects demand, not just what to do once an incident occurs. (Note: The cost of the fire investigation and arson control analysis will be deducted from the total price of this contract if the FEMA grant is received.) TriData will also consider the targeting of public education to high-risk groups and leading causes, the extent to which smoke detectors are being used and maintained, and the quality of the materials and the messages. We will look to se~ if any activities can be terminated (non-mandated activities for which there is relatively low public support). For example, we will consider the use of self-inspections for low-risk properties. Revenue Ideas Working in collaboration with senior City staff, TriData will identify existing fees, fines and pemfits (herein referred to as "Fees") collected by the Fire Department. Once identified, the following information will be compiled on a fee schedule: a. Name of revenue source; b. Most recent date the rate was established; c. Ordinance or statute authorizing the revenue source; d. Recommended rate of adjustment, based on the cost of service delivery; and e. Estimated fiscal impact, after adjustment. Fees will be expanded based upon inflation or comparability analysis since the rate of the revenue source was last established. The number of fees exposed to comparability analysis will have a combined fiscal impact amounting to at least three-quarters of total Fire Department fees, fines, and permit revenues. In addition, we will suggest a variety of revenue sources that are either new, or that would represent an increase in rates above adjustments for inflation. Analysis for each such source will include cost of service analysis and be supported by a description of the application of the same revenue source in another jurisdiction, where appropriate. Review of Support Services. (Brezler and Bradshaw) The quality of services delivered to the public is dependent on an array of support services behind them. We will evaluate training, fleet management (e.g., replacement TriDa~, A Division of 6 August 2004 System Plartmng Corporation City of Corpus Christi, Texas - Phase 11 Proposal schedule, maintenance), station and facilities maintenance, and emergency management. We will also look at the 911/dispatch system. We will make recommendations for each support service area as necessary. 911 Dispatch and Communications Surviving a life-threatening emergency is predicated by a series of actions that optimally occurs within well-defined periods of time. The first link is emergency dispatch and communications. We will analyze the dispatch and communication centers in Corpus Christi. We wilt review these systems by visiting and observing dispatch operations, and by monitohng radio communications when we are on site; we generally prefer to borrow a radio or monitor for this purpose. This step will include PSAP delay and synchronization as well as call routing procedures and EMD. TriData will review staffing and management of center, as well as coordination between the police and fire department. Emergency Management - TriData will conduct a cursory review the emergency management function of the fire department, focusing mainly on organization and whether the current structure provides a good framework for operations. We will consider the role and responsibilities of incumbent personnel, as well as the effectiveness of the current structure of the emergency management coordinator function. In many cities across the country, the Emergency Management Coordinator function is currently structured in the fire department. In addition, many other departments also play a significant role in emergency preparedness, which is why one central coordinating group is vital. TriData will evaluate the department's ability to respond to a large-scale emergency operation. The review of emergency management is designed to be a general review only, not an in-depth assessment of all capabilities. Where major deficiencies are noted in structure or scope, recommendations will be provided to address these issues. Training The review of training will include looking at current staffing levels, program design and actual delivery. We will also evaluate workloads of current staff members assigned to training as well as the policy for selecting potential instructors. We will assess the physical layout of the training facility and make recommendations on immediate or long-term needs of thc department. We will look at credentials of instructors, how instruction is delivered and the opportunity to improve efficiency. We will assess the use of outside resources such as state training assets to lower cost and improve efficiency. Finally, we will look at the intake process for new firefighters and EMS providers to determine to the appropriateness of initial training. Fleet Management The management of a fire department fleet is often neglected inasmuch as suppression vehicles have a long service life. Strategic decisions about how and when to replace them are difficult. When those decisions are not executed well or when they incremental, costly repercussions often result. As part of Phase II we will look TriData, A Division of 7 August 21304 System Planning Corporation City of Corpus Christi, Texas - Phase I1 Proposal at all vehicles used by the fire department including first-line apparatus, reserve apparatus, EMS units, and staff/support vehicles. We will assess the age and condition of all vehicles in inventory. We will evaluate the City's current replacement policy and make specific recommendations about whether or not the replacement strategy can be improved. We will review current purchasing policy and the design of units to determine whether the city is getting 'best value'. We will also review existing maintenance programs, how well station and fleet maintenance is performed including preventative maintenance procedures and guidelines. This review does not include an assessment of the city's fleet management operation, only those aspects directly under the control of the fire department. Ultimately, we will make specific recommendations on any vehicles that should be replaced in the near-term and provide cost estimates for those vehicles. As part of the review of fire and EMS operations we will also suggest other vehicle types if they can provide improved flexibility or lower cost(s). TriData, A Division of 8 August 2004 System Planmng Corporation City of Corpus Cl'a-isii, Texas - Phase II Proposal PROJECT TIMELINE Initial Meetings and Triage Visit Review of Organization and Management Expanded Review of Fire, EMS, and Special Operations Review and Analysis of Health and Safety Programs, Work Related Injuries Expanded Review of Fire, EMS, and Special Operations Review and Analysis o£Health and Safety Programs, Work Related Injuries Review and Analsysis of Fire Prevention and Investigation Services Review of Support Services - Emergency Management - Fleet Management - 9-1-1/Dispatch and Communications - Training Prepare and Deliver Draft Final Report Comments, Review, and Deliver Final Report Presentation of Report ot Cib/Council (Optional Task) TriData, A Division of 9 August 2004 System plannmg Corporation City of Corpus Christi, Texas - Phase II Proposal PERSONNEL We have a superior group of professionals whose collective experience in public safety mid data analysis is unmatched. TriData's staffis augmented with a network of more than 50 public safety consultants who actively participate in our projects. This organizational approach allows us to tap high-caliber, nationally recognized professionals for specific projects. The following section outlines the extensive expertise and experience that the TriData team will provide for this project. We have an unsurpassed level of quality that distinguishes our team from our competitors. The team's fire and EMS department experience encompasses an array of professional services including operations analysis, performance measurement, organizational restructuring, workforce analysis, and business process analys~s and technology, in addition to experience in evaluating all fire department functions. We have in- depth experience in fire department management studies. QUALIFICATIONS AND EXPERIENCE OF TRIDATA PROJECT STAFF The specific responsibilities for each member of the team are defined; in practice, several members of the team contribute to each section through direct research, brainstorming, or review of each other's work. In addition to the personnel identified as part of the Phase I station location and resource deployment analysis (efficiency review), the proposed Phase 1I (comprehensive) review includes additional team members. Each team member has been selected based on their professional background mid experience in the respective subject matter area. Stephen Brezler will serve as project manager and Brian Orgen will serve as deputy project manager. The proposed prolect team has worked on many studies together, including the just concluded (and very successful) Long Beach Fire/EMS review. TRIDATA TEAM MEMBERS Philip Schaenrnan, MIFireE, is President and founder of TriData, which was created to undertake exactly this type of study and related public safety management research. Mr. Schaenman will provide corporate oversight. He has more than 22 years experience leading similar studies on management of large fire organizations and 25 years related research in fire protection, EMS, Hazmat, and emergency management. He will serve as an advisor for the review of prevention and performance measurement as he has done on many of our past projects. He has conducted workshops for state and local government officials on how to do strategic planning of fire departments, and is an internationally known expert in fire management data TriDa~, A Division of 10 August 2004 Syslem planning Corporation City of Corpus Chrisln, Texas - Phase Il Proposal analysis, fire prevention research, performance measurement, and management of complex fire protection studies. Schaenman is also the principal researcher on TriData's studies of International Concepts in Fire Protection. We have examined cities around the world to understand why U.S. cities have much higher fire incidence, fire fatality rates, md dollar losses than other cities yet have much larger fire departments and expenditures per capita. Stephen Brezler, a Senior Program Manager, will serve as the Project Manager and will lead the review of Organization and Management and major portions of Support Services. As a fire services professional with over five decades of experience, Brezler has gained a wealth of experience and knowledge about emergency service issues. Having served at the positions of Firefighter, Fire Inspector, Fire Investigator, Engineer, Lieutenant, Captain, Battalion Chief and Chief of Department, Brezler has integrated his knowledge of emergency services with a desire to help other communities improve their service delivery through inno,, ative solutions. In addition to his service as a command level officer in a large, metropolitan sized department, Mr. Brezler was also fire chief of a combination fire department, Salisbury, MD. At TriData since 2000, he has been the project manager for a number of local gove~ ~,ment studies including a major amalgamation of the New Ottawa Fire Department, a study where nine separate fire service agencies were consolidated into one as part of a Provincial restructuring. Other studies that he has managed include Waterbury, CT; Prince George's County, MD; Waukesha, Wl; Carlisle, PA; and Brighton, CO. As Senior Program Manger for Local Government Studies since 2003, he is currently responsible for studies of Long Beach, CA, and Salt Lake City, UT. Brian Orgen is a Research Analyst at TriData. He will lead the comparison analysis and assist in many facets of this project, including the analysis of the emergency medical services department. He has most recently served as the Deputy Project Manager on a comp~,'bcnsive fire/EMS study for Long Beach, CA; Sonoma, CA; Lynnwood, WA; and Whatcom County, WA. He served as a principal analyst for many studies including Long Beach, CA; Sm~oma, CA; Lynnwood, WA; Fort Worth and Irving, TX and has assisted on many others including Houston, TX; Bellingham, WA; Broward County, FL; Northbrook, IL; Everett, W Jacksonville, FL; Ottawa, ON; and Palm Beach County, FL. Mr. Orgen graduated from The George Washington University with a Bachelor of Science in Health Sciences and a concentration in Prehospital Emergency Care in May 2001. TRIDATA CONSULTANTS IVtlIiam Richmond, a long-time TriData Consultant, is the former Fire Commissioner of Philadelphia. He supervised one of the largest fire departments in the United States and implemented innovative programs in the areas of emergency medical services, fire inspections, employee assistance, and hazardous materials. Prior to becoming Conmussioner, TriDala, A Division of II Au[mst 2004 Sysh~m Planning Corporation City of Corpus Chris,J, Texas - Phase 11 Proposal he served for many years as the head of the department's research and planning un/t. He has participated for over 10 years in TriData studies of fire departments (37 to date), such as in Long Beach, CA; Waterbury, CT; Houston, TX; Seattle, WA; Winnipeg, MB; Chicago, iL; Worcester, MA; Colorado Springs, CO; Omaha, NE; Des Moines, IA; Washington, D.C.; and others. Mr. Gaull will assist in the expanded review of EMS. Martha Word-HaleO, is an expert in financial management and computerized management information systems. She has a Master's degree in Finance Rom Vanderbilt University in Nashville. She has worked on many TriData studies, including most recently, Waterbury, CT, and Long Beach. CA. From her past experience analyzing metro sized fire prevention divisions, Ms. Word-Haley has developed a wealth of knowledge and understanding about codes used in different areas of the country, and the application of consensus standards such as NFPA. She is also adept at determining how fire departments approach fire prevention and public education strategically, the policies and plans they use to reduce dollar loss, deaths, and injuries related to fire. Word-Haley was project coordinator in Nashville/Davidson County, Tennessee, for the development of performance measures of effectiveness and productivity for the fire department and other services. She worked in a variety of positions for the city finance department. She has also worked on corporate management systems in private industry (a major accounting firm), for Vanderbdt University, and for a major newspaper. She brings a combination of experience in private sector management as well as an understanding of local government finance and administration. Because of her education and experience in both finance and fire prevention, Word-Haley brings a unique blend that allows her to confront the issues operationally, but also, from the perspective of cost and benefit. Her in-depth review of performance measurement for the Waterbury, CT fire prevention division is noteworthy for replication. Ms. Word-Haley will perform the evaluation of fire prevention including a review of workloads and opportunities for enhanced performance. Fabio Comana is a Senior TriData consultant whose expertise is in safety and fitness training program development and evaluations. He is an expehenced exercise physiologist and nutritionist with demonstrated success in health education, exercise testing, programming and leadership. This compliments his outstanding achievement in program delivery, coaching, and management of fitness facilities and adult populations. Mr. Comana has designed and delivered stand-alone on-site wellness training programs, training curricula, HRAs, task analysis, beta-testing and program integration into populations ranging in size from 1,500 to 50,000+ for fire departments, municipalities, and corporations. He has a Masters of Science in Nutrition, Masters o fArt in Exercise Physiology, and Bachelors of Science in Nutrition from San Diego State University. Mr. Comana will be leading the evaluation of the safety and wellness programs. Thera Bradshaw is a Senior TriData consultant for Dispatch, Communications, and Emergency Management. She served in the Executive Director of the City & County of San TriData, A Division of 12 August 2004 System Planmng Corporation City of Corpus Christi, Texas - Pha~se Il Propo~l Francisco's Emergency Communications Department. Under her leadership, a new department was established from what has been traditionally a support service function within police, public health, and fire departments. She led the implementation ora $200 million dollar capital communications project improving 9-1-1 emergency communications in San Francisco. Previous to that, she served for ten years as thc Executive Director of the Southwest Washington Regional Communications Agency. She recently served as the 69th International President of the Association of Public Safety Communications Officials (APCO), which is the largest public safety communications organization in the world, with over 16,000 members in thirty-four countries. Bradshaw currently works in the Honorable Mayor James Hahn administration for the City of Los Angeles, Information Tectmology Agency, as the Assistant General Manager leading the Office of Policy and Public Services. The City of Los Angeles is the second largest city in America with the Mayor and Council committed to improve customer service. Thera's leadership on e-government, public access and telecommunications policy is the number one priority for the city. Kathy Owens is a Senior TriData consultant who is expert in operations research and planmng. She has been active in the Palm Beach County Fire Department for mo~ e than 15 years. She will provide insights in local deployment issues. Her planning experic~, c c tends beyond the realm of emergency services. Ms. Owens has a good working knowledge ~ ,~' land use and growth management issues. She possesses a good mix of conceptual thinkm}z mid attention to detail, resulting in a high quality product. Ms. Owens is a graduate o National Fire Academy's Executive Fire Officer Program, as well as a member v~ ~!~c Metro Fire Planners group. She has also served as a Peer Assessor and Team Leader tbr the Commission of Fire Accreditation International and has keen insight into the raj methods of organization and operations throughout the fire service. Ms Owens L, ~il assist with the review of organization and management, including being the lead analyst on information technology. TriDa~a, A Division of 13 August 2004 Systom Planning Corporation City of Corpus Christi, Texas - Pha~e I1 Proposal COSTPROPOSAL Our proposed budget was based on similar work we have done for other fire department studies of simdar size and similar scope. To complete the Phase II review TriData recommends a fixed-price fee of $79,663. The table on the next page shows hours for each person assigned. Costs include all expenses and fees for labor, travel, miscellaneous expenses, and printing the final report. A presentation of the final report to the City Council is also included in the cost. TnData, A Division of 14 August 21304 System Planrtmg Corporation Pro pd elary/Conl~dential In[orrnatlon THDaI~ Proposal//2005-023 Period of Peri'ormance: August '17 te September 10, 200,1 Corpus ChHs~, TX: Fire I EMS Comprehensive Review BREZLER, STEPHEN K Project Manager 162 ORGEN, BRIAN Deputy Projec~ Manager 160 ARGABRIGHT, MARIA Researc~ Analys[ 48 SCHAENMAN, PHIL Corporale Oversite 6 Richmond Senior Cor~ultan{ 80 Comana Senior Consultant 100 Word-Haley Senior Corm~tant 120 Bradshaw Senior Consultant 80 Owens Senior Consultant 100 B66 $69,640 J $3,379 $5,936 3 $443 $265 JTo~l Travel & ODC, Jorand Total $10,023 I TrlData, a Oivls~on c~ System Planning Corporation Augus{16, 2004 Client: Corpus Chnsti, TX Project Manager: Brezler FIr~/EMS Comprehensive Review - Phase II Add-o~ 50 24 40 40 32 40 100 8o 120 32 16 4 D430.76 $6,46133 $1,152 76 $2,89517 $2,881 90 $2,89517 $5,42845 $B,685 52 Ta~k 1, KIc~,off Conferenee CalJ Task 2. Coll~-t~,,n and Revtr~ of Ba~nd M~zri~ T~k 3, In~M Tri~e ~Jt and St~oM~ Me~ngs T~k 5. ~ R~ of Fir~ EMS, ~ S~dal O~r~io~ T~k · R~ a~ AnMys~ of H~h ~d Saf~ ~ogra~, Worl R~ lnjud~ T~k 8. R~ · 911/D~tch and Come.ons *Tr&n~g T~k 9, ~e ~d De~r Draft ~ T~ 1~ Co~ R~ ~ Defi~ ~nM R~rt T~k 11, ~em~on of R~n to C~ C~ncil (Opgo~ T~) FIRST AMENDMENT TO PROFESSIONAL CONSULTING SERVICES AGREEMENT This Amendment to the Pro[essional Consulting Services Agreement ("Agreement") entered into by and between the City of Corpus Chdsti, a municipal corporation ("City"), and TdDa/a Corporation, a foreign business corporation, ("Consultant") is effective for all purposes upon execution by the City Manager or City Manager's designee. This is the First Amendment to the Agreement which was approved by City Council on July 13, 2004. WHEREAS, [he City desires tn have Consultant perform additional services in its analysis of Fire and Emergency Medical Service delivery to be known as Phase II; NOW, THEREFORE, Consultant and City agree as follows: I. SERVICES TO BE PERFORMED UNDER PHASE II. The following services to be performed under Phase II are in addition to those specified in the Agreement, now known as Phase I. The listed services are I~urther described in the Phase II Proposal submitted by TdData Corporation to the City of Corpus Christi. 1. Review organizational structure and management practices. Expanded review ot fire suppression, EMS, and special operations, i~;cluding best practices. Analysis of health and safety programs, and w~rk related injuries, nduding review of the following: a. Review work related injury claims, costs, absenteeism, overtime pa.. ' ~d disability claims to assess strengths and weaknesses of current safety and wellness programming and make recommendations for program modil~cations that can improve t~refighter safety and fitness. b. Development and implementation of firetighter task-specific exercise programs that are time efficient, requiring minimal investment into equipment. c. Development of pedodic fitness evaluations delivered effectively by ,,ration commanders or appointed personnel. d. Implementation o[ a comprehensive program that expands beyonJ t'i, ~ss programming to include equsation, seminars, workshops, and rehabilita~i( n (retum-to-work). e. Ability to I:ollow established fitness guidelines as outlined under the If, ?/IAFC Wellness-Fitness Initiative. 4. Review o1: fire prevention and investigation, including existing codes, pi ~ ,?v~ew, and public education. Revenue ideas, including analysis of existing fee structure. Review o[ support services, including 911 dispatch and communications, emergency management, training, and fleet management. The parties agree performance of the work shall commence upon authorization to proceed by the City. Deputy Fire Chief Richard Hooks is designated as the Contract Administrator responsible for all phases of performance and operations under the Agreement and any subsequent amendments, including authorizations for payment. All noLices or communications regarding the Agreement shall be directed to the Contract Administrator. II. FEE FOR SERVICES. Total cost of the additional services provided by Consultant and all expenses incurred by Consultant under Phase II o[ the amended Agreement shall not exceed $79,663.00 unless expressly authorized by further written amendment to the Agreement. Payment shall be made within 30 days fram receipt of invoice. Invoice shall be submitted every month to be paid within 30 days. I11. All other provisions of the Professional Consulting Services Agreement, approved by City Council on July 13, 2004, remain in full force and effect. EXECUTED IN DUPLICATE, each of which shall be considered an original, this __ ,2004. A~EST: CITY OF CORPUS CHRISTI day of Armando Chapa City Secretary George K. Noe City Manager APPROVED THIS /~ DaY OF By: As~is~nt Ci~omey For City Attome~ CONSULTANT: By: Name: Title: Date: 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09-21-04 AGENDAITEM: MOTION AUTHORIZING THE CI'FY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS AND ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES ISSUE AND BACKGROUND: The City of Corpus Christi has utilized the Washington-based governmental relations services of Meyers and Associates for many years with outstanding results for the City. The Meyers firm, headed by Mr. Larry Meyers and Mr. Rick Meyers, together with a number of associates. Is viewed as one of the most successful governmental relations firms in Washington. As a direct result of their past successes, the Meyers firm has an impressive list of clients. Of special note for the City of Corpus Chdsti is the fact that Meyers and Associates is the Washington governmental relations firm for the Texas A&M System and has been especially productive in assisting Texas A&M--Corpus Chdsti. A major city the size of Corpus Christi (and most cities of 50,000 or more) find it extremely beneficial to have governmental relations firms represent them in Washington, DC. Staff does not believe that we could find any firm that could represent the City of Corpus Christi on any higher level than Meyers and Associates. For many years, Meyers and Associates has consistently provided the City with very effective representation in Washington on a multitude of issues. The proposed contract for the years 2004, 2005, and 2006 is virtually identical to the last three-year contract with the firm. We believe it is important to point out that Meyers and Associations monthly fee of $6,810 plus reasonable associated out-of-pocket expenses has remained constant for the last six years and we feel that it is an extremely reasonable fee. FUNDING: The funding for the contract, which is subject to appropriation each year and may be terminated by the City Manager at any time is proposed to be expensed at 33 1/3% from the General Fund and 66 2~3% from the Water Fund. REQUIRED CITY COUNCIL ACTION: A contract of this type and amount requires City Council approval CONCLUSION AND RECOMMENDATION: City Staff strongly believes that it is imperative that the City maintain government relations services in Washington, DC. We are please to report that we do not believe that the City could be represented better by any other firm than by Meyers and Associates, which has an exceptional proven track record in the many years that they have represented the City. We solicit Council's approval W. Thomas Utter Special Assistant to the City Manager AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreemem is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based goverIunental relations consulting fwrn (hereinafter "Meyers"), and is effective the 1st day of January 2004. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are dh-ectly and critically affected by decisions of the United States Congress, Preside~t and Agencies. These include, but are not limited to, protection of our military installations, as:~?mce of an adequate water supply, reasonable air quality standards, the North Padre Island Storm l).,mage Reduction and Environmental Restoration Project, highways, and various other regulmor3 and funding programs; and WHEREAS, Meyers specializes in providing governmental relattons services in federal legislative and administrative matters NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: CiW Duties. The City hereby appoints Meyers to act on its behalf ;'~ xvt: ~t in furthering City goals in Washington under terms acceptable to the City i~,cl ,ding: The City, through its City Manager, Special Assistant to the City k:,nager and Ci'ty attomey will supervise the activiues of Meyers in mon,,: ~ ?~d promotkng policies which assist in furthering the City's interests .~ ¢. )als The City will pay or cause to be paid to Meyers $6,810 monthly for :~iqtance in accomplishing the above interests and goals plus reasonable a_ssoc~ated out-of-pocket expenses. Such payments will commence on January 31st and will continu,: for 19) nineteen consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. The services and relationship between the City and Meyers may be terminated at any time upon notice by the City Manager. 2. Meyers' Duties. Meyers agrees that they will: Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. All services will be performed according to high professional standards. Should a potential conflict develop between services performed for the City and Meyers' other clients, such potential conflict w/ll be reported to the City Manager at once for resolution by the City Manager. Meyers will comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. Term. This Agreement shallcommence January 1, 2004 and continue until July 31, 2005, subject to the provisions for cancellation set out in Section 1 .(d) above. Independent Contrac tot. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. Entire Am-cement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. Severabilitv. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7 Assignmetu. This Agreement may not be assigned by either party without mutual consent in writing. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. Amendment, This Agreement may be amended only by an inst_mment in writing executed by the parties hereto. 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument 1N WITNESS WHEREOF, the parties hereto have executed this Agreement and made effective CITY OF CORPUS CHRISTI, TEXAS By: George K Noe, City Manager Date MEYERS & ASSOCIATES APPROVED AS TO FORM: MARY KAY FISCHER CITY ATt OIL,NEY By: Larry Meyers MEYERS & ASSOCIATES Date 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 21, 2004 AGENDA ITEM: An ordinance authorizing the City Manager, or designee, to execute a five year lease and use agreement with Corpus Christi Softball Association (=Lessee') for use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: Corpus Chdsti Softball Association has requested a renewal of their lease so that they may continue offering softball league management at the Yellow and Green fields at Greenwood Softball complex. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Corpus Christi Softball Association in January 1998. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the renewal of the lease with Corpus Christi Softball Association for the use of Yellow and Green fields at Greenwood Softball complex. Sal!y Ga~,_~, Director Park and Recreation Department A~achments: Background Information BACKGROUNDINFORMATiON The Corpus Christi Softball Association is dedicated to the well-being of the teams and spectators. The member teams are made up of men, women, co-ed, and senior men over 54_ Their goal is to play in an environment conducive to family participation. During the 2003-2004 season, over 50 teems participated in the Fall, Spdng and Summer leagues. The Association has been using the fields at Greenwood Softball Complex since January 1997. Prior to that time, the Association had a lease for the use of Jaycee Field (since April 1994). Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH CORPUS CHRISTI SOFTBALL ASSOCIATION ("LESSEE") FOR USE OF CITY PROPERTY (GREENWOOD SOFTBALL COMPLEX) FOR LESSEE'S SOFTBALL PROGRAM AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Lease and Use Agreement with Corpus Chdsti Softball Association ("Lessee") for the use of City property (Greenwood Softball Complex) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. A copy of the Lease and Use Agreement, including the exhibits that are attached to and incorporated into the Lease and Use Agreement, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter ol: the City of Corpus Chdsti. ~:~-EG-DIR~3oyteD Cu ¢ds~MYDOCS~O03.04 ~ARK&REC 27~Lease &O s eAgreeml\O 70904 DC G reem,,~3 d Fie~lCC So,bail Lea~ e UseAgrnI.O~ doc Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Page 2 of 2 The foregoing ordinance was read for [he first time and passed to its second reading on this the 20~h day of July, 2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett The foregoing ordinance was read for the second time and passed finally on this the 17th day of August, 2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the 17~h day of August, 2004. ATTEST: cI'rY OF CORPUS CHRISTI Armando Chapa City Secretary Do~yle iVED/~S TO,J_EGAL FORM urbs ~' Chief, ~on Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 9 July 2004 H:~LEG~)IR~DoyleD Curhs~3OCS~2003 04~PARK&REC 27~ease&Us e. Agreem[~O70~O4DC Greenwoo dFieldCC.SoEball Lease. UseAgm[ Ord.doc 14 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 21, 2004 AGENDA ITEM: An ordinance authorizing the City Manager, or designee, to execute a five year lease and use agreement with South Texas Youth Football League, Inc. (=Lessee') for use of City property (at Bill Witt Park) for Lessee's Pop Warner Football program and in consideration of Lessee maintaining the premises and improvements; providing for severance; and providing for publication. ISSUE: South Texas Youth Football League, Inc. has requested a renewal of their lease so that they may continue offedng Pop Warner Football league management at the fields at Bill Witt Park_ REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with South Texas Youth Football League, Inc. in October 1998. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the renewal of the lease with South Texas Youth Football League, Inc. fields at Bill Witt Park. ik, Director Park and Recreation Department Attachments: Background Information BACKGROUNDINFORMATION South Texas Youth Football League, Inc. is a member in good standing with Pop Warner Little Scholars, Inc. (football). The member teams are made up girls and boys ages 5 through 14. The League's goal is to inspire all youth to practice the ideas of sportsmanship, scholarship and physical fitness, as well as to encourage the sustaining of good scholastic records by the players, through monitoring of grades and citizenship and awarding appropriate recognition. The League has been using the fields at Bill Witt Park since June 1997. The League has run additional elec~rical, stalled two scoreboards, replaced on goal post, painted a building, and put sandy loam on the fields. Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH SOUTH TEXAS YOUTH FOOTBALL LEAGUE ("LESSEE") FOR USE OF CITY PROPERTY (BILL WI'II' PARK) FOR LESSEE'S SOFTBALL PROGRAM AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease and Use Agreement with South Texas Youth Football League ("Lessee") for the use of City property (Bill Witt Park) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. A copy of the Lease and Use Agreement, including the exhibits that are attached to and incorporated into the Lease and Use Agreement, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61 st day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. H:~EC-~)lR~OlgaR~Eh3y~e~Park & Rec~9Ol04DC.So~JthTexasYouthFoetballLeague Ord.doc Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the __ Samuel L_ Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED this the __day of ,2004. A'I-rEST: Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor City of Corpus Chdsti APPROVED AS TO LEGAL FORM 2 September 2004 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:~EC.~DIl~O~aR~Doy~e~Park & Rec~90104D~.SouthTexa~Youth~'oo~ballLeague Ord.doc 15 CITY COUNCIL AGENDA MEMORANDUM August 24, 2004 AGENDA ITEM: Item A: Ordinance authorizing the City Manager, or designee, to execute a one-year lease amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of City property (Art Museum of South Texas building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art; providing for severance; providing for publication; and declaring an emergency. Item B. Ordinance authorizing the City Manager, or designee, to execute a thirty-year lease amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Chdsti Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of City property (Art Museum of South Texas building) in consideration of Lessee operating the museum for the benefit of the public and to further public appreciation of art; providing for severance; and providing for publication. ISSUE: On March 19, 1996, the City Council authorized a ten year lease to the Corpus Christi Art Foundation, now known as the South Texas Institute for the Arts, Inc. (STIA) for lease of the Art Museum of South Texas building. STIA is ready to proceed with expansion of the Art Museum. STIA also requests a lease of a thirty year term. Both changes require Council approval. REQUIRED COUNCIL ACTION: Approval of the ordinances to amend the current lease to allow for the improvements and extend the term. PREVIOUS COUNCIL ACTION: The Corpus Christi Art Foundation constructed the Art Museum of South Texas building and conveyed it to the City. The City Council authorized the lease of the Art Museum to the Corpus Chdsti Art Foundation, now the South Texas Institute for the Arts, Inc., continuously since the original lease dated February 18, 1970 through the most recent lease dated March 19, 1996. The lease allows for STIA to make structural alterations to the museum upon written approval of the City Council. On November 30, 1999, the South Texas Institute for the Arts made a presentation to Council regarding proposed expansion to the museum. At that time, the Council approved a motion to direct staff to work with STIA to draw the boundaries of the property needed for the expansion. On November 21, 2000, STIA made a presentation to Council regarding the plans from the Legaretta y Legaretta architecture firm in Mexico City to expand the facility by approximately 22,000. FUNDING: CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinances as presented. nt Head Si~nature) BACKGROUNDINFORMATION The mission of the South Texas Institute for the Arts is to operate educational facilities and an art museum which advances the awareness and enjoyment of visual and performing arts. In 1970, the Corpus Chdsti Art Foundation constructed the Art Museum of South Texas building and conveyed it to the City. The City Council authorized the lease of the Art Museum to the Corpus Chdsti Art Foundation, now the South Texas Institute for the Arts, Inc., continuously since the original lease dated February 18, 1970. In 1997 the Art Museum of South Texas (AMST), Creative Arts Center, and Center for Hispanic Arts came together to form the South Texas Institute for the Arts (STIA). This organization continues the AMST's affiliation with Texas A&M University - Corpus Christi. The STIA is now the standard bearer for the arts in the Coastal Bend. Because of this merger, STIA's outreach capabilities increased tremendously, and almost 50 years of arts programming experience was brought together. November 21,2000, Mr. John Dykema, President of the STIA Board of Trustees, gave a presentation to Council. Presentation showed the design from the Legaretta Y Legaretta Architecture Firm from Mexico City. The Museum's existing facility was 26,000 square feet and the new facility will bring an additional 26,000 square feet. Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A THIRTY YEAR LEASE AMENDMENT TO THE ART MUSEUM OF SOUTH TEXAS LEASE DATED MARCH 19, 1996 WITH THE CORPUS CHRISTI ART FOUNDATION, NOW THE SOUTH TEXAS INSTITUTE FOR THE ARTS, INC. ("LESSEE") FOR USE OF CITY PROPER'rY (ART MUSEUM OF SOUTH TEXAS BUILDING ) IN CONSIDERATION OF LESSEE OPERATING THE MUSEUM FOR THE BENEFIT OF THE PUBLIC AND TO FURTHER PUBLIC APPRECIATION OF ART; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a thirty year Lease amendment to the Art Museum of South Texas Lease Agreement dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for the use of City property (Art Museum of South Texas Building) in consideration of Lessee operating the museum for the benef'it of the public and to further public appreciation of art. The lease contains a provision for a second thilty-year term. A copy of the Lease Amendment including the exhibits that are attached to and incorporated into the Lease Amendment is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61,t day after City Council adoption of this ordinance on second and final reading and will have a term of thirty (30) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. Page 2 of 2 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett The foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2004, by the following vote; William Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neat, J~. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED on the A'I-rEST: ,2004, by the following vote: William Kelly Rex A. Kinnison Jesse Noyola Mark Scott __day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr Mayor APPROVED AS .EG^L .OR. ff Lisa Aguilar ~' ) Assistant City Attorney For City Attorney 2004 H:~LEG-DIR~Isa~:)RD 3~Aug us147 20~1 Afl Museum 16 II AGENDA MEMORANDUM September 15, 2004 AGENDAITEM: Public hearing to amend the Platting Ordinance of the City of Corpus Chdsti by revising Section III. I. (3) (f) and Section V.B. (11) (c) (4) removing the requirement for the Texas General Land Office written approval of state boundary determination of state owned submerged lands. b. Second Reading Ordinance to amend the P -laU~ng Ordinance of the City of Corpus Christi by revising Section II1. I. (3) (f) and Section V.B (11) (c) (4) removing the requirement for the Texas General Land Office written approval of state boundary determination of state owned submerged lands ISSUE: The City of Corpus Christi is the only coastal dry requiring the Texas General Land Office to sign off on a boundary determination of state owned submerged lands. This is a current plat requirement that imposes unnecessary delays resulting in a costlier process for anyone seeking to build on property next to state owned bodies of water. The Texas General Land Office concurs in the elimination of this requirement. Retaining the requirement for a Licensed State Land Surveyor protects against inadvertent private development on state owned land. REQUIRED COUNCIL ACTION: Provide opportunity for public input and adopt ordinance to amend Platting Ordinance Section [I][. I (3) (f) and Section V. B (11) (c) (4) removing the requirement for Texas General Land Office written approval for boundary determination of state owned submerged lands and providing for a Licensed State Land Surveyor to establish the determination. RECOMMENDATION: Staff recommends amendment to the Platting Ordinance. I~ A Baile P D~rector of Development Exhibit A - Background Information Exhibit B - Ordinance AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE: Pyle and Associates, Inc., a Licensed State Land Surveyor (LSLS) firm, requested eliminating the time consuming step of requiring Texas General Land Office's (TGLO) written approval on boundary determinations on state submerged land and private property. This is currently a plat requirement that the TGLO does not support, and unduly delays the plat processing for those lands adjacent to state waters. In lieu of this requirement,, it is proposed that the City require certification on the plat by a Licensed State Land Surveyor for the water boundary portion of the property. This is consistent with the Texas Natural Resources Code Section 33.135 which states that the boundary is subject to change and can be determined accurately only by a survey on the ground. In addition, the proposed amendment requires that an updated determination of the boundary between the State-owned land and privately owned property is required at the time of a building permit or replat. Planning Commission unanimously recommended approval of the Platting Ordinance amendment at the regularly scheduled meeting on August 25, 2004. EXHIBIT A AN ORDINANCE AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY REVISING SECTION III. I. 3. f), AND SECTION V. B. 11. c) 4), REMOVING THE REQUIREMENT FOR TEXAS GENERAL LAND OFFICE WRITTEN APPROVAL OF STATE BOUNDARY DETERMINATION OF STATE OWNED SUBMERGED LANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to ~he City Council its reports and recommendations concerning the amendment of the Platting Ordinance of the City of Corpus Chdsti; WHEREAS, with proper notice to the public, a public headng was held on Wednesday, August 25, 2004, dudng a meeting of the Planning Commission, the first reading was on Tuesday, August 31, 2004, and a public headng and second reading was held on Tuesday, September 21, 2004, during a meeting or' the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, dudng which all interested persons were allowed to appear and be heard; and WHEREAS. the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI; SECTION 1. That Section Ill. I. 3. f) of the Platting Ordinance of the City of Corpus Christi is revised to read as follows: The boundary line of any submerged lands belonging to the State of Texas that adjoins the tract, based on a Stato approved determination of the boundary between the State-owned lands and privately owned property under Section V. B. 11. (c) ~4). SECTION 2. That Section V. B. 11. c) 4) of the Platting Ordinance of the City of Corpus Chdsti is revised to read as follows: V. B. 11. c) {4) All plats of land that border on submerged lands belonging to the State of Texas must have a Statc approved determination of the boundary between the State-owned land and privately owned property by a Licensed State Land Surveyor in compliance with the Professional Surve¥inq Act and State General Land Office criteria. The boundary line must be shown on the final plat with the date of the survev. H:",LEG-DIR',Joseph\Ord-Plat -GLOLtr.doc V. B. 11. c) {4) (i) The plat shall have a certification bva Licensed State Land Surveyor for the water boundary portion of the plat. B. 11. c) (4) (ii) The Plat shall have the followincl notes: "The (shoreline or qradient lineL as shown on this plat represents its location on (date of survey). This line is affected by natural events and has potential for movement or relocation. As this line ma,/move. title to the land on either side of said line may chanqe. "The (shoreline or (iradient line), as shown on this plat constitutes the boundary between the upland owner and the (submemed lands or riverbed) owned by the State of Texas. Planned development alonq or across thin line may be subject to review and approval or r)ermittinq by the Texas General Land "An updated determination of the boundary between the State-owned land and privately owned property is re(~uired at the time of a Buildinc~ Permit or replat." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~LEG -DIRLloseph\Ord-P lat -G LOLa'.doc That the foregoing ordinance was read.,f~r the first time and passed to its second reading on this the '3 154- day of ( ~.~b~i~z~lL , 2004, by the following vote: Samuel L. Neal, Jr_ ~ Bill Kelly ~ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: __ day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: Josep H~arney~ ~'~/ Assistant City AttornL.~ For City Attorney Samuel L. Neal, Jr. Mayor 2004; H:~EG -DIRVoseph\Ord-plat -GLOLa'.doc 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 21, 2004) Case No.: 0604-0C Southwest Phoenix Groul~ Inc. ~DykeswilL Ltd.: A change of zoning from an "AT" Apartment Tourist District to a "B-2A" Barrier Island Business District. The property is 4.36 acres out of Mustang Island, Section 2, Block l, Lot 25, located on the south side ofS. H. 36l and three (3) miles north of Access Road No. 2. Plannin;, Commission and Staff's Recommendation (08/11/04): Denial o£the "B-2A" Barrier Island Business District, and in lieu thereof, recommends the Special Permit within the "AT" Apartment Tourist dislhct for a retail shopping center subject to 14 conditions and site plan. Requested Council Action: Denial of the "B-2A" Barrier Island Business Disla-ict, and in lieu thereof, recommends the Special Permit within the "AT" Apartment Tourist Dis~ct for a retail shopping center subject to 14 conditions and site plan and adoption of the attached ordinance. Purl~ose of Request: Development of a retail center. Summary: · Applicant is requesting a change of zoning from "A-T' Apartment-Tourist District to a "B-2A" Barrier Island District, in order to develop a retail center on a 4.36 acre area. · The proposed retail center will consist between 15,000 to 20,000 square feet with access provided along S.H. 361 · Surrounding existing land uses consist of undeveloped land and high-rise multiple dwellings in the "A-T" Dis~ct. The subject property is approximately ~A rmle south of Port Aransas city limit line. The Mustang- Padre Island Area Development Plan recognizes the need for commercial development along S.H. 361 and provides for such opportunities along the corridor identified through the future land use map. The future land use map identifies several large commercial nodes along S.H. 361 where future and current collector streets will intersect with S.H. 361. The subject property is not within the nearest proposed commercial node located approximately 600 feet south of the site. A policy statement within the Mustang-Padre Island Plan discourages strip commercial development along S.H. 361, unless access management techniques are provided (marginal access, shared driveways etc.). Such management design techniques are to: 1. Provide parallel marginal access roadways along S.H. 361; 2. If marginal access roadways are not feasible, access management will be achieved through the issuance of "temporary driveway permits" and interconnected parking along highway property frontages. As private development proceeds along this roadway the city will require development to connect parking areas paralleling the roadway. This technique assist in minimizing driveway conflicts and in separating slow speed local neighborhood tra~c f~om high speed through traffic; 3. Provide bicycle lanes to facililate multi-model ~ips, tourism and public safety; 4. Provide curbs, gutters and underground drainage; and 5. Provide ample landscaping in the public right-of-way to promote an ara'active, tourist-oriented environment. Agenda Memorandum September 21, 2004 Case No. 0604-06 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 2 The future land use map recommends tourist use for the subject property. Such use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilihes and ancillary commercial uses. A Special Permit developed by staff for the subject property is similar to the proposed Island Overlay Plan presented to citizens, developers and Commissioners. The applicant has provided a site plan that indicates building location and future access management techmques along S.H.361. Techniques promded through the site plan are supported by the policy statements idenhfied in the Mustang-Padre Island ADP and are a companion to the Special Permit. ADlfiicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the fifty-two notices mailed to the surrounding property owners, two (2) were returned in favor fi.om the Mustang Tower units and 27 notices were returned in opposition plus two (2) letters from the Mustang Towers Board of Directors. The 20% rule is not invoked. This case is considered controversial Assistant Director of DevelopmenffServices MNG/FGM/er Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinances H:~P LN-DIR~ERMA\WORDLAG ENDMEM~2004\0604-06AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0604-06 Planning Commission Hearing Date: June 30, 2004 - Tabled to - July 28, 2004 - Tabled to - August 11, 2004 Applicant: Southwest Phoenix Group, Inc. & Dykeswill, Ltd. Owner: Same as applicant Agent: Ro Wickham Legal Description/Location: Being 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, located on the south side of S.H. 361 and three (3) miles north of Access Road No. 2 ~ g From: "A-T" Apartment-Tourist District · . ~ To: "B-2A" Barrier Island District ~ ~ Area: 4.36 acres Purpose of Request: Development of a retail center. Zoning Existing Land Use Future Land Use Site "A-T" Apartment-Tourist Undeveloped Tourist District North "A-T" Apartment-Tourist Mustang Towers Access Tourist District Road and Undeveloped South "A-T" Apartment-Tourist Undeveloped Tourist District East "A-T" Apartment-Tourisl High-Rise multiple Tourist District dwellings "F-R" B/est Farm-Rural District Undeveloped Traditional Neighborhood/Mixed-Use Area Development Plan: Mustang-Padre Island - The requested "B-2A" District is inconsistent with the future land use map. The future and use map recommends "Tourist" development. Tourist development is identified as a mixed use of residential and commercial uses oriented for the tourist industry. The applicant has provided a site plan Ihat rakes into consideration building design and future access management techniques along S.H.361. Such techniques are supported through p~licy statements identified in the Mustang-Padre Island ADP and are recommended through a Special Permit in the "A-T" Apartment-Tourist District. Map No.: F20D Zoning Violations: None Zoning Report Case No. 06044)6 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 2 Applicant is requesting a change of zoning from "A-T" Apartment-Tourist District to a "B-2A" Barrier Island District, in order to develop a retail center on a 4.36 acre area. The proposed retail center wilt consist between 15,000 to 20,000 square feet with access provided along S.H. 361. Surrounding existing land uses consist of undeveloped land and high-rise multiple dwellings in the "A-T" District. The subject property is approximately '/~ mile south of Port Aransas city limit line. The Mustang- Padre Island Area Development Plan recognizes the need for commercial development along S.H. 361 and provides for such opportunities along the corridor identified through the future land use map. The future land use map identifies several large commercial nodes along S.H. 361 where future and current collector streets will intersect with S.H. 361. The subject property is not within the nearest proposed commercial node loch/ted approximately 600 feet south of the site. A policy statement within the Mustang-Padre Island Plan discourages strip commercial development along S.H 361, unless access management techniques are provided (marginal access, shared driveways etc.). Such management design techniques are to: 1. Provide parallel marginal access roadways along S.H. 361; 2. If marginal access roadways are not feasible, access management will be achieved through the issuauce of"temporary driveway permits" and interconnected parking along highway property frontages. As private development proceeds along this roadway the city will require development to connect parking areas paralleling the roadway. This technique assist in minimizing driveway conflicts and in separating slow speed local neighborhood traffic from high speed through traffic; 3. Provide bicycle lanes to facilitate multi-model trips, tourism and public safety; 4. Provide curbs, gutters and underground drainage; and 5. Provide ample landscaping in the public right-of-way to promote an attractive, tourist- oriented environment. The future land use map recommends tourist use for the subject property. Such use is characterized by high density residential and high density business uses_ High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas/vessel repair and maintenance, convention facilities and ancillary commemial uses. A Special Permit developed by staff for the subject property is similar to the proposed Island Overlay Plan presented to citizens, developers and Commissioners. The applicant has provided a site plan that indicates building location and furore access management techniques along S.H.361. Techniques provided through the site plan are supported by the policy statements identified in the Mustang-Padre Island ADP and are a companion to the Special Permit. Zoning Report Case No. 0604-06 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 3 Street Type Paved Section Volume (200 ) S.H 361 Rural roadway Current -120' rural paved 4,920 a.d.t.. arterial section Planned- 250' R.O.W. Mustang Tower Access Private rural 60' R.O.W. with rural paved N/A Road access section A beach front construction pcmfit and planing of the properly is required prior to issuance of a building permit. The applicant requested the case be tabled until August 11,2004 during the July 28, 2004 . Planning Commission hearing until a Special Permit and site plan could be developed. At the request of the owner's representative, on June 18, 2004 the Planning Commission tabled the rezoning request until July 28, 2004 to clarify any notification issues. Staffreviewed their notification procedures and found legal notice was given, per state law. State law mandates area of lots or land extending 200 feet from the subject property are to be notified. State law does not mandate time-share owners to be notified. Of the notices returned, 19.92 percent are in opposition. At the time of this report, the 20 percent rule is not invoked. While developing the Mustang-Padre Island Area Development Plan, numerous stakeholders expressed and agreed that unrestricted commercial development along S.H. 36l would create an unattractive development pattem, similar to existing commercial development along S.P.I.D. Minimizing commercial development curb-cuts to reduce turning movements was encouraged in order to provide for safe and efficient traffic flow along the corridor. Denial of the "B-2A" Barrier Island Business District and in lieu, recommend the Special Permit within the "A-T" Apartment-Tourist District for a retail shopping center, per the attached 14 conditions and site plan. Same as Staff's recommendation. Zoning Report Case No. 0604-06 (Soulhwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 4 Number of notices mailed - 52 Favor - 2 from Mustang Tower units Opposition 19.92% - 27 plus two (2) letters from Mustang Towers Board of Directors. (As of September 7, 2004) Attachments: Vicinity map Zoning map Mustang Island future land use map Site Plan Special Permit H :~PLN-DI R\ERMA\WORD~ON RPTS~2004\06044)6CCREPO RT, DOC SUBJECT PARCEL CORPUS CHRISTI BAY FR 23 SUBJECT :EL AT AT NORTH ALXS-06-10-04 l~zt~ T-~.n.d. ~'mO M~p 0 250 500 Feet '1 SPECIAL PERMIT CONDITIONS SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. CASE: 0604-06 APPROVAL OF THE SPECIAL PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: Permitted Uses: Other than permitted uses allowed by right in the "AT" Apartment-Tourist District, a retail shopping center is permitted. Outdoor storage of goods is prohibited. 2. Parkinq Requlations: The parking regulations for permitted uses are contained in Article 22 of the zoning ordinance. Parking areas must be constructed under specifications and construction standards provided by the City. Decorative brick, stamped, concrete pavers or the equivalent must be used as an entry feature for the pedestrian access areas within the setback area in the entry driveway to the front building line. Color schemes are to be submitted for review and approval to the City. Any color used to meet health and safety requirements are exempt from City approval for those areas. 3. Off-Street Loadinq Requlations: The off-street loading regulations for permitted uses are contained in Article 23 of the zoning ordinance. Heiqht and Area Requlations: The maximum height and maximum area requirements are set forth in the chart of Article 24 and supplementary regulations of Adicle 27 of the zoning ordinance, and in addition, the following requirements apply: A. No building is permitted in front yard area. B. Any use developed on the subject property shall have a frontyard setback not less than twenty (20) feet. C. A fifty (50) foot area along the subject property frontage adjacent to S.H. 361 shall be dedicated as a future access easement and bikeway area during the platting process. 5. Access Restrictions: The subject property may not access any future adjacent local residential street or the adjacent Mustang Towers private drive, dedicated as a 60' right-of-way. 6. Shared Access and Parkinq: A. One driveway is permitted for the subject properly. Such driveway shall be located within the middle section of the property fronting S.H. 361, per the site plan. Such driveway shall be identified on the site plan as "temporary" August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. until such time a shared driveway is realized. Once a shared driveway to the south is established, the "temporary" driveway shall be physically removed (torn out) and landscaped. The future driveway and shared access to the south shall be twenty-five (25) feet and identified on the site plan. The subject property will share parking and access with the adjoining tract to the south. The shared parking or access must be noted on the plat or building permit for the tract to be developed. Any such "shared access" agreement between property owners shall be evidenced by easement or document filed for record as a covenant that is transferable with title to the property. Nothing in this provision shall be interpreted as authorizing the City of Corpus Christi to deny access to any property when such access otherwise meets all requirements of driveway standards established by ordinance applicable to proposed use of property. Pedestrian seating areas and amenities including transit facilities integrated along street front sides of buildings on pdvate property may receive a credit toward parking requirements at a ratio of one square foot of such amenity area will be credited toward one square foot of a parking space. The minimum total amenity is 162 square feet to realize a one parking space credit. 1. Amenity areas must consist of all weather chairs and tables that complement the design and color pattern of the building. Amenity areas must include shade from trees and awnings and may include public art, a water feature and potable water for pedestrians. A sidewalk restaurant may be integrated into the design of the amenity provided that access and seating is provided for non- customers. 7. Screeninq Requirements A. A six foot solid screening wall along the east property line of the subject property shall be constructed of brick, masonry, stucco or vinyl. The six foot screening wall shall be similar to or complementary with the color of the finish on the building. Dumpster and other trash containers and collection areas must be screened by a wall, at least 6 feet in height, with a finish similar to that of the building. Screening of the open end of the dumpster enclosure must be accomplished by orientation of the enclosure and by providing a solid wooden self closing gate. August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. q3604~6 2 Mechanical equipment located on the roof must be screened from view of adjacent propedies by a parapet wall or pitched roof. Mechanical equipment on the ground must be screened by a wall with a finish similar to that of the building. Landscapin(] Recluirements: Extensive landscaping is required to provide a lush landscape. All landscaping is to be maintained in a healthy, growing condition. Except as provided in this section, the landscaping requirements are in Section 27B- 7.01C of the zoning ordinance apply. The use of drought tolerant plant species is encouraged in this district. 1. The subject property must have 10 percent site landscaping of the tolal gross site area. 2. Permitted signs may be placed in any landscape area adjacent to street rights-of-way so long as the signage does not obstruct the visibility triangle area of any streets or driveways. 3. Driveway entrances within required frontyard setbacks constructed of pavers, stamped concrete, and other equivalent pavement textured material may be calculated as landscape area. The maximum area credit for textured driveway entrances is limited to 15% of the total required landscape area. 4. Landscaping of the subject property with palm trees having a minimum crown height of eight feet must be planted and spaced on 30 foot cenlers five feet inside the private property line. Artificial plants may not be used to satisfy the requirements of this section. If a berm is provided, side slope must not exceed a maximum of 4:1 on three sides. One sheer side may be provided. 7. Landscape material specifications. A. Palm trees must be a minimum crown height at installation of eight_ Shrubs must be a minimum of eighteen inches in height ~t installation and maintained at no more than 3 foot overall height. Recommended plant species list - See Appendix A of the Special Permit August 2, 200~ SOUTHWEST PHOENIX GROUP, INC & DYKESWILL, LTD. ~604q36 9. Siqn ReQuirements: Sign - means any device, light, figure, picture, letter, word, message, symbol, plaque or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on the premises. 2. Window Signage - may include signs located inside a building if visible to off-premises public. 3. Design standards of all permanent signs must meet the following standards: A. Wall signs. The sign facing or surface area of a wall sign must be computed as including the entire area within a regular geometric form comprising all display area of the sign including all elements of the display and the frame, if applicable. Wall signs are permitted for each individual business establishment, including individual businesses within integrated business developments, with an allowable total sign area of one and two tenths (1.2) square feet of signage for each linear foot of business frontage. Wall signage shall be uniform in color, style, materials, and illumination, and shall be similar in method of construction and installation. Lettering shall be uniform in location, height and depth, and consistent in color. B. Monument signs. 1. A sign which is supported by one monolithic structure set upon the ground and is not a part of a building. The sign facing or surface area must be computed within a regular geometric form comprising all display area of the sign and including the elements of the matter displayed as well as the frame. The sign area of a monument sign must be centered within the frame, and the frame and base must be proportional to the sign area. 3. Except as provided herein, a monument sign must be constructed so that the bottom is no higher than two (2) feet above the adjacent grade. The top of the monument Augt~st 2, 2004 SOUTHWEST PHOENIX GROUP, INO, & DYKESWILL, LTD. -0604-06 4 sign must be no higher than eight feel as measured from natural or average finished grade. The maximum overall square footage for a monument sign is 32 square feet. 4. One monument sign per freestanding building and one (1) additional monument sign per 200 [eet of street frontage_ Monumenl signs are to be finished with similar materials to slructure and should reflect the design theme of the building style. Structural members. Supporting structural members not bearing advertising matter, identifying color symbols, wording, or pictures may nol be included in computation of surface area. Irregular signs. In calculating the area of irregular signs or separately mounted signs on one supporting structure, the area musl be that o[ the smallesl regular geometric form that will wholly contain all of the elements including lhe frame. Multi-laced signs. In calculating the area of multi-faced signs, all [aces of a mulli-faced sign must be included in the total sign area calculation. Sign spacing. When a sign is placed at an angle to the intersection of two slreets, measurement for spacing purposes musl be from the edge or side fadhest from the intersection_ The total area of the surface of a three dimensional sign must apply Ioward lhe allowable sign area. Such surface area must be computed within one or more regular geometric forms as necessary lo determine the total proposed sign area. H. Prohibiled signs are of the [ollowing types: 1. Billboards. Signs which advertise or otherwise direct attention to an off-premises products, services, activities, persons, instilutions, or businesses; to businesses that no longer occupy a structure on the property; or ~0 products, services, or activities I. hat are no longer conducted, sold, manufactured, produced, or offered upon the premises where Ihe sign is displayed. August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWlLL, LTD. q:)604-06 5 Roof mounted signs or any sign that projects above the eave of a pitched roof or decking of a fiat roof or parapet above a fiat roof. Sign Statuary - Life size or larger than life size replicas of animals, fish, or inanimate objects intended to be used as a commercial message. 5. Window Signs in excess of 10% of the glass area per wall fat;ade. I. Exceptions - A permit is not required for the following: 1. The maintenance of the signs electrical system, repainting, cleaning, or other maintenance of a sign. 2. Placement of temporary on premise real estate signs for vacant lots in platted subdivisions. 3. Placement of temporary on premise contractor identification signs. Placement of temporary on premise monument vacant land sale signs giving information concerning leasing, renting, or selling of property in the district. 10. Definitions: Specific words used within this Special Permit are interpreted as follows: Amenity: A landscaped area that is available to the general public that is outdoors and adjacent to and integral to a commercial building or buildings, including, but is not limited to, seating, shade, artwork, a water feature and sanitary facilities. Business frontage: The linear measurement from outer wall to outer wall of the side of the building which faces or fronts a street. Generally the business frontage contains the primary entrance of the building. Can or cabinet sign. A sign that contains all of the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. These are prohibited signs within the overlay zoning district. August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. -0604~ 6 Commercial message: A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities or possible substitutes for those things that are the subject of the message and that: Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises; Attracts attention to the off-premises public to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises. These are regulated regardless of whether behind glass or not. E. Double-faced sign: A single sign with two parallel sign faces back to back. F. Driveway: Every entrance or exit used by vehicular traffic to or from properties abutting a roadway. G. Driveway, High Volume: A driveway used or expected to be used by more than 1500 vehicles per day. H. Driveway, Low Volume: A driveway used or expected to be used by more than 25 but less than 750 vehicles per day. I. Driveway, Medium Volume: A driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. J. Fence: Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose. Grand opening: A grand opening refers to the beginning of a new business in a new location of or the assumption of ownership of an existing business by a new owner or group of owners. L. Multi-faced sign: A single sign with two or more faces which are not parallel nor back to back. M. Nameplate: Any sign which denotes only the individual, firm, business, or corporate name of the occupant of the premises. August 2, 2004 N. Noncommercial message: A message that is not a commercial message. SOUTHWEST PHOENIX GROUP. INC. & DYKESWILL. LTD. -0604-06 Outparcel or out-tract development: A tract or reserve platted as part of the development of a shopping center or integrated business development (IBD) that is independent of the IBD. Parking, landscaping and signage for such out-parcel or out-tract are determined separately from the adjacent shopping center or IBD. Principal building: The building or buildings on a lot that are occupied by a primary use. Changeable copy sign: Any sign that allows the copy to change. For the purposes of this ordinance, no signs that are not permanently affixed to the ground may be considered eligible for consideration as changeable copy signs. These signs may be lighted or unlighted, with detachable precut letters and figures, or the message may be electronic. Right-of-way: A strip of land either dedicated or owned by the city or other public agency and used for the purpose of a public way or roadway. Roofline: The height above finished grade of the upper beam, rafter, ridge or purlin of any building. Purlin is a horizontal timber or beam that supports the rafters of the roof such as the deck of the roof. Roof sign. Any sign constructed, erected, or placed above the eave of a sloped roof, decking or of a fiat roof. Screening: Hedges, informal plantings, natural vegetative covers, berms, or manmade fences or walls provided for the purpose of protecting adjacent uses from potential noise, glare, trash, odor, visual disorder, or other harmful, intrusive or noxious effects. Setback: The distance between a wall or any projection of a building and the property line excluding steps and unenclosed porches. Sign - Informational: Informational signs erected on-site by public and private developments directing or denoting the entrance, exit, parking, and direction of traffic flow. 1. The directional signs may not exceed two square feet in area per sign. 2. No Iogos, emblems or other identifying symbols of the development may be placed on directional signs. August 2, 2004 SOUTHWEST PHOEN X GROUP, INC. & DYKESWILL, LTD. -0604-06 8 11. Architectural Sign facing or surface: The surface of any sign upon, against or through which the message is displayed or illustrated; provided, however, for signs in which the words, letters or symbols are independently mounted, the sign surface area must be that of the smallest regular geometric form that will wholly contain all of the elements. Street frontage: The length of a lot or tract of land which is adjacent to a public or private street. Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground. Subdivision: The division of any lot, tract or parcel of land by plat, map or description into two or more pads for the purpose of sale, rental, lease or division of ownership. Requirements: A_ The subject properly is to reflect a theme and style of architecture that celebrates the coastal and Spanish heritage of South Texas and promotes quality building design for nonresidential structures along S.H. 361of Mustang Island. 1. Style - The architectural style of the buildings are intended to rel~ect Spanish, Mediterranean, or Coastal-style architectural design, appropriate to this region's climate_ 2. Building design, treatments and materials of the buildings on the subject properly shall adhere to the following six characteristic requirements: General Massing - Predominate shape of the structure with regard to the specific building style. Shopping centem and other large buildings must be designed to reduce their apparent bulk by dividing the building mass into several smaller-scaled components, including the use of Iow-scale planters, site walls, variations in roof forms and height, and the lowering of parapets when not needed to screen mechanical equipment. August 2, 2004 SOUTHWEST PHOENIX GROUP, INC & DYKESWILL, LTD q)604-06 9 B. Exterior Wall Materials & Finishes - which can be viewed [rom public right-of-way - Shall be consistent with the specific building style. High quality synthetic materials which simulate the original material of a padicular building style will be considered. Walls shall be constructed of one or a combination of the following materials with no 4'x 8' sheets of sidin9 allowed: 1. Stucco 2. Masonry, Brick, or Stone 3. Cementious Siding 4. Wood 5. Vinyl Siding meeting the following specifications: a. Nominal 0.42" mill thickness b. 0.5/8" profile height c. Reinforced nail hem d. Designed for 160 MPH wind-load when attached on 16" centers. 6. Storefront glass is to be limited to 15% of a building facade and must be consistent with the chosen design theme. C. Roof Form and Materials- The shape of the roof, the height or its pitch shall be specific to the building style. Roof materials for pitched roofs shall be consistent with building style and limited to the following: 1. Metal - Standing Seam, 5-V crimp, or corrugated. Unpainted Galvalume finish is preferred. 2. Tile - Slate, Terra cotta, clay, or concrete tile. 3. Shingles - Architectural dimensional composition shingle (the use of 3-tab shingles is prohibited), or metal. August 2, 2004 SOUTHWEST PHOENIX GROUP, INC & DYKESWILL, LTD 10 4. Roof screening - all roof top equipment shall be screened from view when viewed from the ground. Openings, which can be viewed from public right-of-way. The shape or an opening, its proportion relative to building massing, how it functions, how it is divided, and the rhythm ot openings within a structure must be specific to the building style. Additive Elements - Dormers, cupolas, chimneys, balconies, porches, bays, colonnades, brackets, stoops and any other design elements, - which can be viewed from public dght-o[-way, shall be specific to the building style. Color and Brightness - all exterior walls and accents, which can be viewed from public right-of-way, shall compliment building style and must conform to the attached color palette (Appendix B) Exterior paint must be fiat or non-glossy. 3. Lighting A. Ouldoor lighting is allowed at the following level as measured at the property line: 1. 3 foot-candles for the subject property. B. Outdoor lighting may not be used as an attention-getting device or as additional signage for a building. C. Light fixtures must be shielded to prevent glare on adjacent properties. D. Direct lighting that is used to illuminate signage must be shielded to prevent glare on drivers. 12. Architectural Styles: A. Listed below are architectural building styles which reflect Spanish, Mediterranean, or Coastal-style architectural design appropriate for the subject properly. A complete description, along with illustrations ar~ depicted in A FIELD GUIDE TO AMERICAN HOUSES (published by Alfred A. Knopf, Inc., New York, copyright 1984), written by Virginia & Lee McAlester. Augusl 2.2004 SOUTHWEST PHOENIX GROUP. INC. & DYKESWILL, LTD. -0604-06 11 1. Folk or Native Style (American Coastal Architecture). a. Folk Victorian - See page 309 of A FIELD GUIDE TO AMERICAN HOUSES. b. Stick Style - See page 255 of A FIELD GUIDE TO AMERICAN HOUSES. c. Shingle Style - See page 289 of A FIELD GUIDE TO AMERICAN HOUSES. 2. Colonial Styles a. French Colonial - See page 121 of A FIELD GUIDE TO AMERICAN HOUSES. b. Spanish Colonial - See page 129 of A FIELD GUIDE TO AMERICAN HOUSES. 3. Eclectic Styles a. Mission Style - See page 409 o[ A FIELD GUIDE TO AMERICAN HOUSES. b. Spanish Eclectic - See page 417 of A FIELD GUIDE TO AMERICAN HOUSES. c. Monterey - See page 431 of A FIELD GUIDE TO AMERICAN HOUSES. d. Craftsman - See page 453 of A FIELD GUIDE TO AMERICAN HOUSES. 4. Modern Styles: Modern interpretations o[ any of the above styles shall be contextual by the use of appropriate materials, general massing and proportions, and colors. 13. Architectural Review Application Process: Pre-submittal procedures. Prior to the preparation and submission of building plans, an applicant for a building permit shall submit a development plan review application and contact the-Development Services Department to schedule a pre-submittal meeting with City staff to discuss the architectural and site requirements contained in this Special Permit. 1. The applicant must provide elevations, perspectives, and a site plan for the project one week prior to the pre-submittal meeting. August 2, 2004 12 SOUTHWEST PHOENIX GROUP, NC & DYKESWILL, LTD -0604-06 After the pre-submittal meeting and before building plans are prepared, the applicant shall prepare a scaled site plan, perspectives showing two sides and elevations of all structures on the site for submission and review by Staff. The site plan must show the location of all features including proposed parking, landscaping, and signage, as well as the elevations of accessory structures and dumpster and mechanical enclosures. 4. The information supplied by applicant must include all materials, colors, and treatments that are proposed for use on the project. B. Application processing procedures. 1. The City Building Official will approve or deny the application. 2. Any application that has been denied by the City Building Official may be appealed by the applicant to the Planning Commission. 14. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date approved by ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Augusl 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. -0604q~6 13 Appendix A Augusl 2, 2004 SOUTHWEST PHOENIX GROUP, INC & DYKESWILL, LTD. 0604-0~ 14 Recommended plant species list The plants listed below are recommended for the coastal zone of Corpus Christi. They are chosen because they have a lush, "tropical" look while being cold hardy (except as noted) and do not require excessive water and fertilizer once established (except as noted). These plants may not be practical for all areas o1' Corpus Christi, there[ore the water, sunlight, wind and salt conditions of each specific plant should be considered before its placement on the Landscape plan. Plants not specil~ed on this list are allowed ii they meet the intent o[ this ordinance and are suitable for the environment in which they are to be planted. TREES Scientific Name Citrus sp. Cordia boissieri Hibiscus tiliaceus Ilex vomitoria Juniperus chinensis Morella cerifera Pinus thunbergia Prosopis spp. Quercus virginiana Common Name Citrus (Mex. lime, orange, lemon) (F,T) Wild Olive (F,H,T) Hibiscus Tree (F,T) Yaupon Holly (H,N) Twisted Hollywood Juniper Wax Myrtle (H,N,T) Japanese Black Pine Mesquite (H,N) Live Oak (H,N) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (!j~,.~cf [or birds and/or butter[lies, N = Coastal Bend native, T = tropical look, W = needs moderate water August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD ~O4~6 15 LARGE PALMS Scientific Name Phoenix canariensis Phoenix dactylifera Roystonea spp. Sabal palmetto Sabal mexicana Syagrus romanzof'fiana Washingtonia filifera Common Name Canary Island Date Palm (F,T) Texas Date Palm (T) Royal Palm Florida Sabal (T) Texas Sabal (T) Queen Palm Fan Palm (T) SMALL PALMS & CYCADS Scientific Name Butia capitata Chamaerops humilis Cycas revoluta Sabal minor Common Name Pindo, Jelly Palm, Cocos Australis (T) Mediterranean Fan Palm (T) Sago Palm (T) Dwar[ Palmetto (N,T) SHRUBS Scientific Name Caesalpinia pulcherrima Callistemon spp. Carissa spp. Dasylirion texana Eriobotrya hybrid Erythina herbacea Euryops pecinatus Feijoa sellowiana Common Name Pride of Barbados (F,T) Bottlebrush (F,H,T) Natal Plum (F,T) Texas Sotol 0 Coppertone Loquat (W) Coral Bean (H,N) Golden Shrub Daisy (F,H) Pineapple Guava (F,H,T) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water August 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD ~604~)6 16 SHRUBS Hesperaloe parviflora Hibiscus spp. Ilex vomitoria nana Lantana spp. Leucophyllum spp. Nerium oleander Raphiolepis indica Tecoma starts (Stenolobium stans) Yucca arkansana Yucca rostrata Yucca treculeana Red Yucca (H,N) Tropical Hibiscus (F,T) Dwarf Yaupon Lantana (H,N,T) Texas Sage, Cenizo (H,N,T) Oleander (F,T) Indian Hawthorn (H,T) Esperanza, Yellowbells (H,T) Soflleaf Yucca (H) Thompson Yucca (H) Spanish Dagger (H,N) HERBACEOUS PERENNIALS Scientific Name Agapanthus spp. Asparagus sprengeri Cuphea hussopi[olia Hedychium coronarium, Alpina zerumbet Jatropha spp. Kalanchoe sp. Lantana montevidensis, L. sellowiana Musa ssp. Plumbago spp. Rosemarinus sp. Strelit7ia nicolai Strelitzia reginae Tagetes lemmonii Trachelospermum asiaticum Wedelia trilobata Common Name Blue Lily of the Nile (T,W) Asparagus Fern (G,H,T) Mexican Heather (F,G) Gingers (F,T) Jatropha (F,T) Kalanchoe (G) Trailing Lantana (G) Banana (F,T) Blue or White Plumbago (F.G,H,T) Rosemary (G) Giant or White Bird of Paradise (T,W) Bird of Paradise (T,W) Copper Canyon Daisy (H) Asiatic Jasmine (G,T) Wedelia (G,T) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water August 2, 2004 SOUTHWEST PHOENIX GROUP, INC & DYKESWILL, LTD. ~9604-0~ 17 VINES Scientific Name Antigonon leptopus Bougainvilla spp. Lonioera sempervirens Tecomaria capensis Trachelospermum jasminoides Common Name Coral Vine, Queens Wreath (F,H,T) Bougainvillea (F,T) Coral Honeysuckle (H,T) Cape Honeysuckle (F,H,T) Confederate Jasmine (H,T) INTRUSIVE SPECIES - NOT TO BE PLANTED Scientific Name Common Name Melia azedarach var. umbraculiformis Chinaberry, Texas Umbrella Tree GRASS Scientific Name Cynodon dactylon Stenotaphrum secumdatum "Floralawn" Stenotaphrum secumdatum "Floratam" Ricinus communis Sapium sebiferum Schinus terebinthifolius Tamarix sp. Common Name Bermuda grass St. Augustine grass "Floralawn" St. Augustine grass "Floratam" Castor Bean Chinese Tallow Brazilian Pepper Salt Cedar F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water Augusl 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD. q)604~6 18 APPENDIX B Augus[ 2, 2004 SOUTHWEST PHOENIX GROUP, INC. & DYKESWILL, LTD ~)604~ 19 Color Palette Au~usl 2, 200~ 23 Plarming cornrmssion Minutes August I 1, 2004 ZONING Tabled Zoning a. 0604-06 - Southwest Phoenix Group, Mc. & Dykesw/ll, Ltd. REQUEST: Change of zoning from "AT" Apartment Tourist District to "B-2A" Barrier Island Business Dis~ct, resulting in a land use chanl~e from hie, h-density residential to commercial Located on the south side ofS. H. 361 and three (3) miles north of Access Road No. 2~ Excerpts from Zoning Report Legal Description/Location: Being 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, located on the south side of S. H. 361 and three (3) miles north of Access Road No. 2 Purpose of Request: Development of a retail center. Area Development Plan' Mustang-Padre Island The requested "B-2A "District ix inconsistent with the future land use map The future land use map recommend$ "Tourist" development. To~.rist development is identified as a mixed use of residential and commercial uses oriented for the tourist industry. The applicant hax provided a site plan that takes into constderation building design a,,i Cuture access management techmques along S.H. 361. Such techniques are supported through policy ~,,, ttments identified in the Mustang-Padre Island ADP and are recommended through a Special Permit m ~he "A- T" Apartment- Tourist District. The applicant requested the case be tabled until Auguxt 11, 2004 during the duly 28, 2004 Planning Commission hearing until a Special Permit and site plan could be developed. At the request of the owner's representative, on June 18, 2004 the Planning Commiss,'o~ ,bled the rezoning request until duly 28, 2004 to clarify' any notification issues. Staff revie-wed their .. ~. ~ .tion procedures and found legal notice was given, per state law. State law mandates area of lots a, extending 200feet from the subject property are to be notified. State law does not mandate tiwe ,~ owners to be notified. Of the notices returned, 19.92 percent are in opposition. At the time of th~' ,.:port, the 20percent rule is not invoked. While developing the Mustang-Padre Island Area Development Plan, numerous stakeholders expressed and agreed that unrestricted commercial development along S.H. 361 would create ,':,~ unattracttve developmenl pattern, similar to existing commercial development along XP.I.I) 3t. ,imizing commercial development curb-cuts to reduce turning movements wax encouraged in order to p, ,.~d '/'or safe and efficient traff~c flow along the corridor. Staff's Recommendation: Denial of the "B-2A "Barrier Island District and in lieu, re:'(~ , ~ , '~d the Special Permit within the ".4- T" Apartment-Tourist District for a retail shopping center. ),~ ? .' attached 14 conditton$ and site plan. Mrs. Faryce Goode-Macon, City Planner, stated Ihat this case was tabled on July 28, 2L,,, ..... t the applicant had been working with staff to look at development options for the property. The al,[ , ~: , ~nd staffput together a special permit with 14 conditions that mimic the Padre Island Overlay Dl!;~rl, development. The special pemfit addresses parking, access management techniques, m-chiteci~, ~e: ,gn and consol, landscaping, height and setback regulations. She provided graphics of the subjec and the surrounding area. The zoning report and tape recording are on file. Since the last met [, >2 Planning Commission Minutes August 11, 2004 Case No. 0604-06 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Pag~ 2 notices were mailed Two were received in favor and 27 were received in opposition, including one from the board of directors representing the owners within the unit. The opposition to date is at 19.92 percent. Staff recornmended denial of the requested zoning but in lieu of a special permit subject in the "AT" district subject to the site plan and the 14 conditions. Chairman Berlanga asked if the association was speaking as one and if they were empowered to speak on behalf of all of the owners. Ms. Goode-Macon stated that Mustang Towers provided documents that gave the board power to vote for all occupants and owners. Time share owners are not recognized as a voting unit. She clarified that the board is voting for all 52 units and lhis did not round-up the percentage to 20 percent. Salazar asked how many Floors could be built on the current "A-T" zoning. Ms. Goode-Macon stated that up to four floors are allowed. With the proposed special permit, it would be limited to one story. Chairman Berlanga asked if the applicant and the opposition had met to discuss their concerns and issues. Ms. Goode-Macon stated that she did not know. Chairman Beflanga opened the public hearing Mr. James Schneider, 15706 Curry Shark, President of Southwest Phoenix Group, Inc. came forward and provided handouts for the Commissioners. He stated that with the current zoning, he could put in a high rise, or low income housing without ha¼ng to come to the Commission. He stated that he always puts in additional landscaping and quality buildings. He liked the overlay and it set the standards bar high. The previous owner cul out 4.35 acres for commercial development. With no access or easement to the beach, this is best use for this property. He plans to build a county market and a restaurant which will serve the island. This is a two million dollar investment. Mustang Towers has 15 timeshares currently generate approximately $750.00 into our economy each time someone stays there. We will be able to re-capture revenue that is currently going to Por~ Aransas by having a restaurant. It is expected to create about 30jobs. The restaurant and market are projected to gross about 1.5 million dollars in the first year, which would generate sales tax revenues of about $110,000.00, and there would be substantial ad-valorem taxes. Mr. Schneider stated that he had talked to the state on giving them a deceleration lane for the right turn. A Texas Department of Transportation, TX DOT, representative stated that this was never requested before but could probably be done. Mr. Schneider stated that there are many specific references in the Area Development Plan that indicate this type of development, and if done as outlined in the plan, should be acceptable. Mims asked for more information regarding TX DOT Mr. Schneider stated that one of the concerns at the last meetings was U'affic on Highway 361. He stated that future development will continue. There is a plan to improve the roads and make a multi lane median type highway. He stated that he talked to a representative of TX DOT and asked what the possibilities were. The representative thought it was a good idea and asked Mr. Schneider to submit his request it along with his driveway permits. Mr. Schneider stated that they had granted a 50 foot easement for a future frontage road. They also granted bicycle path easements. The landscaping will be quadruple of the required amount. There will be a landscaped large pond with a bamer between the development and Mustang Towers. The water management plan will use a recharge system under the paving so a substantial amount of water will go back into the aquifer. Pusley stated that there is a lot of opposition to the project, and asked Mr. Schneider if he had met with the opposition to address their concerns. Mr. Schneider stated that he met with Mr. Van Beveran Planning Cornrmssion Minutes August 11, 2004 Case No. 0604-06 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 3 and Mr. Bcll before the meeting. He stated that they tried to cut a deal with him. They told ham if he would give up his developer rights for the tower, they would withdraw their objections to the s~ip center. Mr. Schneider stated that he would not do this. He suggested that not everyone who was originally opposed is still opposed. He stated that they were trying to use their in-house voting rules here. They don't want development. We need to generate new tax revenue. Pusley stated that he is not in favor of creating tax revenues that cause problems for others and that he was a little disappointed that Mr. Schneider did not meet with the people in opposition to address their issues. Mr. Schneider stated that he gave them a full packet at the last meeting and asked them to contact him if they had any questions. They did not contact him. Chairman Berlanga asked if Mr. Schneider had plans to build another high rise. Mr. Schneider stated that he did and anticipated breaking ground in the spring. It would be a 1SM development. Mr. Jerry Van Beveran, 6109 Highway 361, Certified Public Accountant, stated that he is pro- business and is not contrary to the overall development of Padre Island. He asked if staff could round from 19.92 percent to 20 percent. Ms. Goode-Macon stated that it could not be rounded. He ~t, ted that he is the Vice President of the Board for the Council of Co-owners. He stated that he is familial with how the ownership documents work. He also stated that he and Mr. Bell represent the majority of thc ~wners of Mustang Towers. Mustang Towers has 56 units. 15 of them are owned by a timeshare organ'za!ion called Sundial. Sundial can only vote for 15 units. He provided documents that g4ve them the a,~hority to vote the Association. He asked the Commission to be careful about rezonmg for the development. It affects the look and values of their property. Mr. Van Beveran showed a picture taken on July 3 ~, 2004 which showed Highway 361, the parking lot and the pond. He showed another picture of thc ~amc area when it was flooded, and stated that drainage is an issue and that water runs over the highway. W~/er drains to the Laguna Madre. Wildlife uses the pond and wetland aspects need to be considered. He asked that the special permit not be approved. There should be a master plan for the Mustang Island %fore anything is done. The increase in tax revenue would be offset by a decrease in property values. Mr. Bob Bell, resident of Mustang Towers and President of the Council of Co-Owners stated that he represented the board in opposition of the rezoning and special permit. He shated that the pored is a retention pond which holds from two to four million gallons of water. It acts as a retention f, md for water that runs off of Mustang Tower's driveway. To fill it in would reduce the retention and cause a lditional flooding. There is a lot of ~'affic on Highway 361. Adding traffic to the area would create a hatard. He asked that the traffic be completely defined before any development occurs on that property. M~. Bell stated that he and Mr. Van Beveran represented all of the voters of Mustang Towers just as City Council represents all of the people of Corpus Christi. Chairman Berlanga asked Ms. Bailey if the issues of traffic and drainage been addressed with TX DOT or staff and what this development would contribute to the traffic situation. Ms. Baile~ sta~cd that the traffic concern is non-substantial as it is next to an arterial. The drainage issues have to be r,solved with The Corp of Engineers, COE, if there are any designated or jurisdictional wetlands as well as through the platting process. Ms. Bailey stated that staffwas comfortable recommending thc zoning change with a special permit. Pusley asked Ms. Bailey if environmental approval was required for this development; a~d if this would be addressed in the platting process. Ms. Bailey stated that Mr. Schneider would have to 'xork with the COE for any permits he may need and they will determine if there are wetlands. Pas!ey asked if Planning corramssion Minutes August 11, 2004 Case No. 0604-06 (Southwest Phoenix Group, Inc. & Dykeswill, Ltd.) Page 4 sLaffwere comfortable with the development prior to thc Overlay District being in place. Ms. Bailey stated that the special permit mirrored the Padre Island Overlay and staff was comfortable with it. Stone asked if the pond was designated as a retention pond or if it was a low area that had filled with water. Ms. Bailey stated that it appears it was constructed as pond as it is very linear. Stone stated that the pond is on Mr. Schneider's property and he could do what he wanted to with it. Ms. Bailey stated that he can not flood his neighbors, but he does have properly rights. Chairman Berlanga stated that this development would fall under the jurisdiction of the appropriate agencies, wetlands, stormwater, etc. Mr. Ro Wickam, 13729 Eagles Nest, stated that he was stakeholder in Padre/Mustang Island Area Development Plan. There are two areas in the plan that talk about common sense. He did not think that restricting, as far as the "AT" is concerned, is really valid. There needs to be oppom.mity for other people to do other things with concessions. He had made a multitude of concessions in regard with what they wanted to do over and above the Overlay Zone which has already been approved by the Planning Commission. It seems to be common sense to solve things as far as business goes on the Island. He stated that as you get further from the beach, properties become less valuable. It makes sense to use these areas lo develop commercially. Staff,s taking the right track to be stnngent in mirroring the overlay zoning with the special permit. Mr. Wickam then stated that the lack of drainage is not really this developer's problem. The pictures shown showed that the drainage is not working anyway. He believed there is a movement with TX DOT to redo the drainage along Highway 361. The answer to the traffic problem is to not build anything on Highway 361. There are also movements with TX DOT to widen Highway 361 to provide deceleration lanes and medians. The traffic concerns are only valid today. Changes and improvements will be made. Mr. Wickam stated that this is a high quality project and they had gone overboard to work with staffto upgrade every area of the code regarding cons~uction, parking, landscaping, color, and design. This is a first class project that he is very proud of. Chairman Berlanga asked if his client was in favor of the 14. conditions. Mr. Wickam stated that he was. Zamora asked Ms. Bailey if she had information on TX DOT's future plans for Highway 361. Ms. Bailey stated that she had no information, hut the City's engineenng department may. Chairman Berlanga closed the public hearing. Smith suggested that we are only starting lo see the beginning of such requests on Mustang Island as commercial development takes place. It is always a tough call with dynamics and complications involved which results in some resistance to growth. We will always have similar concerns anywhere major construction takes place. We need to find a balance point which may shift fi.om project to project. There has been a lot of effort from the applicant to work with staff. Commissioner Smith stated that this is a good project. He thought that the traffic problems are not as bad as some in opposition think they are. He supports this development. Salazar stated that he is sensitive of the effects of development to the community. With the restrictions placed and agreement by the applicant, this is a good project. In regards to drainage, the pond Planmng Conmmssion Minutes August 11, 2004 Case No. 0604-06 (Southwest Phoenix Group, lnc & Dykeswill, Ltd.) Page 5 could handle flooding. The developer is going to deepen lhe pond to accommodate for the overflow in the pond. These issues will be addressed m the platting phase, now should focus on zoning. A motion was made by Smith and seconded by Salazar for denial of the "B-2A" and in lieu of, recommend approval of a special permit within the "A-T" district for a retail shopping center per the 14 conditions and site plan_ The motion passed unanimously. Page 1 ol~ 22 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHWEST PHOENIX GROUP, INC. & DYKESWlLL, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 4.36 ACRES OUT OF MUSTANG ISLAND, SECTION 2, BLOCK 1, LOT 26, (CURRENTLY ZONED "AT" APARTMENT TOURIST DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A RETAIL SHOPPING CENTER SUBJECT TO A SITE PLAN AND FOURTEEN (14) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Southwest Phoenix Group, Inc. & Dykeswill, Ltd. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 30, 2004 and August 11, 2004, dudng a meeting of the Planning Commission, and on Tuesday, September 21, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by granting a Special Permit for a retail shopping center on 4.36 acres out of Mustang Island, Section 2, Block 1, Lot 25, (currently zoned "AT" Apartment Tourist District), located on the south side of S.H. 361 and three (3) miles north of Access Road No. 2, as shown on the attached Exhibit. (F20D) (020040) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following fourteen (14) conditions and Appendix A and B: Permitted Uses: Other than permitted uses allowed by right in the "AT" Apa[b~,ent-Tourist District, a retail shopping center is permitted. Outdoor storage of goods is ~rohibited. H:~_EC--Dt R~JOS E PF-I~ONING~4'~O4-06-S p ECIAL PERMIT.DOC Page 2 of 22 2. Parkin~ Regulations: A. The parking regulations for permitted uses are contained in Article 22 of the zoning ordinance. Parking areas must be constructed under specifications and construction standards provided by the City. B. Decorative brick, stamped, concrete pavers or the equivalent must be used as an entry feature for the pedestrian access areas within the setback area in the entry driveway to the front building line. Color schemes are to be submitted for review and approval to the City. Any color used to meet health and safety requirements are exempt from City approval for those areas. 3. Off-Street Loadin~ Regulations: The off-street loading regulations for permitted uses are contained in Article 23 of the zoning ordinance_ Hei~lht and Area Regulations: The maximum height and maximum area requirements are set forth in the chart of Article 24 and supplementary regulations of Article 27 of the zoning ordinance, and in addition, the following requirements apply: A No building is permitted in front yard area. B. Any use developed on the subject property shall have a frontyard setback not less than twenty (20) feet. C. A f'dty (50) foot area along the subject property frontage adjacent to ,S H 361 shall be dedicated as a future access easement and bikeway area db, mg Ihe platting process. 5. Access Restrictions: The subject property may not access any future adjacent local residential street or the adjacent Mustang Towers pdvate drive, dedicated as a 60' right-of-way. 6. Shared Access and Parkinq: One driveway is permitted for the subject property. Such ddveway shall be located within the middle section of the property fronting S.H. 361, pe~ the site plan. Such driveway shall be identified on the site plan as "tempe, ~ .'" until such time a shared driveway is realized. Once a shared driveway ;~. ;lie south is established, the "temporary" ddveway shall be physically remc~v~.d (tom out) and landscaped. The future ddveway and shared access to south shall be twenty-five (25) feet and identified on the site plan. The subject property will share parking and access with the adjoining b.~,t tc the south. The shared parking or access must be noted on the plat or building permit for the tract to be developed. Any such "shared acce,~ H:~.EG~DIR',JOS EPFF, ZONINGq34~0~0z!-06S PECIAL PERMn'.DOC Page 3 of 22 agreement between property owners shall be evidenced by easement or document filed for record as a covenant that is transferable with title to the property. Nothing in this provision shall be interpreted as authorizing the City of Corpus Chdsti to deny access to any property when such access otherwise meets all requirements of ddveway standards established by ordinance applicable to proposed use of properly. Pedestrian seating areas and amenities including transit facilities integrated along street front sides of buildings on private property may receive a credit toward parking requirements at a ratio of one square foot of such amenity area will be credited toward one square foot of a parking space. The minimum total amenity is 162 square feet to realize a one parking space credit. Amenity areas must consist of all weather chairs and tables that complement the design and color paffem of the building. Amenity areas must include shade from trees and awnings and may include public art, a water feature and potable water for pedestrians. A sidewalk restaurant may be integrated into the design of the amenity provided that access and seating is provided for non- customers. 7. Screenin~l Requirements A. A six foot solid screening wall along the east property line of the subject property shall be constructed of bdck, masonry, stucco or vinyl. The six foot screening wall shall be similar to or complementary with the color of the finish on the building. 1. Dumpster and other trash containers and collection areas must be screened by a wall, at least 6 feet in height, with a finish similar to that of the building. Screening of the open end of the dumpster enclosure must be accomplished by orientation of the enclosure and by providing a solid wooden self closing gate. 2. Mechanical equipment located on the roof must be screened from view of adjacent properties by a parapet wall or pitched roof. Mechanical equipment on the ground must be screened by a wall with a finish similar to that of the building. Landscapin~ Requirements: A. Extensive landscaping is required to provide a lush landscape. All landscaping is to be maintained in a healthy, growing condition. Except as provided in this section, the landscaping requirements are in Section 27B- 7.01C of the zoning ordinance apply. The use of drought tolerant plant species is encouraged in this district. H:~_EGq3IRLIOS E P H~.ONING-O4~0604-06S PECIAL PERMIT.DOC Page 4 of 22 1. The subject property must have 10 percent site landscaping of the total gross site area. 2. Permitted signs may be placed in any landscape area adjacent to street rights-of-way so long as the signage does not obstruct the visibility triangle area of any streets or driveways. Ddveway entrances within required frontyard setbacks constructed of pavers, stamped concrete, and other equivalent pavement textured matedal may be calculated as landscape area. The maximum area credit for textured driveway entrances is limited to 15% of the total required landscape area. Landscaping of the subject property with palm trees having a minimum crown height of eight feet must be planted and spaced on 30 foot centers five feet inside the private property line. 5. Artificial plants may not be used to satisfy the requirements of this section. 6. If a berm is provided, side slope must not exceed a maximum of 4:1 on three sides. One sheer side may be provided. 7. Landscape material specifications. A. Palm trees must be a minimum crown height at installation of eight. B. Shrubs must be a minimum of eighteen inches in height at installation and maintained at no more than 3 foot overall height. Recommended plant species list - See Appendix A of the Special Permit 9. Si~ln Re(luirements: 1. Sign - means any device, light, figure, picture, letter, word, message, symbol, plaque or poster visible from outside the premises on which it is located and designed to inform or attract the attention of persons not on the premises. 2. Window Signage - may include signs located inside a building if visible to off-premises public. 3. Design standards of all permanent signs must meet the following standards: A. Wall signs. H:~LEG-DIR',JOS EPFAZO NING-04',0604 ~6S PECIAL PEI:~IIT. DOC Page 5 of 22 The sign facing or surface area of a wall sign must be computed as including the entire area within a regular geometric form comprising all display area of the sign including all elements of the display and the frame, if applicable. Wall signs are permitted for each individual business establishment, including individual businesses within integrated business developments, with an allowable total sign area of one and [wo tenths (1.2) square feet of signage for each linear foot of business frontage Wall signage shall be uniform in color, style, materials, and illumination, and shall be similar in method of construction and installation. Lettering shall be uniform in location, height and depth, and consistent in color. B. Monument signs. A sign which is supported by one monolithic structure set upon the ground and is not a part of a building. The sign facing or surface area must be computed within a regular geometric form comprising all display area of the sign and including the elements o[ the matter displayed as well as the frame. The sign area of a monument sign must be centered within the frame, and the frame and base must be proportional to the sign area. Except as provided herein, a monument sign must be constructed so that the bottom is no higher than two (2) feet above the adjacent grade. The top of the monument sign must be no higher than eight feet as measured from natural or average finished grade. The maximum overall square footage for a monument sign is 32 square feet. One monument sign per freestanding building and one (1) additional monument sign per 200 feet of street frontage. Monument signs are to be finished with similar materials to structure and should reflect the design theme of the building style. Structural members. Supporting structural members not bearing advertising matter, identifying color symbols, wording, or pictures may not be included in computation of surface area. H:~EG-DIRUO$ E PI-I~_ONING-O4~O604~)6S p ECIAL PERMIT.DOC Page 8 of 22 Irregular signs In calculating the area of irregular signs or separately mounted signs on one supporting structure, the area must be that of the smallest regular geometric form that will wholly contain all of the elements including the frame. Multi-faced signs. In calculating the area of multi-faced signs, all faces of a multi- faced sign must be included in the total sign area calculation. Sign spacing. VVhen a sign is placed at an angle to the intersection of two streets, measurement for spacing purposes must be from the edge or side farthest from the intersection. The total area of the surface of a three dimensional sign must apply toward the allowable sign area. Such surface area must be computed within one or more regular geometric forms as necessary to determine the total proposed sign area. H. Prohibited signs are of the following types: 1. Billboards. Signs which advertise or otherwise direct attention to an off-premises products, services, activities, persons, institutions, or businesses; to businesses that no longer occupy a structure on the property; or to products, services, or activities that are no longer conducted, sold, manufactured, produced, or offered upon the premises where the sign is displayed. Roof mounted signs or any sign that projects above the eave of a pitched roof or decking of a flat roof or parapet above a flat roof. Sign Statuary- Life size or larger than life size replicas of animals, fish, or inanimate objects intended to be used as a commercial message. 5. Window Signs in excess of 10% of the glass area per wall facade. I. Exceptions - A permit is not required for the following: 1. The maintenance of the signs electrical system, repainting cleaning, or other maintenance of a sign. 2. Placement of temporary on premise real estate signs for vacant lots in platted subdivisions. 3. Placement of temporary on premise contractor identification signs. H:~EG-DIR',JOSEPH~_ONIN C_~04~604-06S PECIAL PERMIT.DOC Page 7 of 22 Placement of temporary on premise monument vacant land sale signs giving information concerning leasing, renting, or selling of property in the district. 10. Definitions: Specific words used within this Special Permit are interpreted as follows: A. Amenib/: A landscaped area that is available to the general public that is outdoors and adjacent to and integral to a commercial building or buildings, including, but is not limited to, seating, shade, artwork, a water feature and sanitary facilities. B. Business frontage: The linear measurement from outer wall to outer wall of the side of the building which faces or fronts a street. Generally the business frontage contains the primary entrance of the building. C. Can or cabinet sign. A sign that contains all of the text and/or logo symbols within a single enclosed cabinet and may or may not be illuminated. These are prohibited signs within the overlay zoning district. Commercial message: A message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, properbj, accommodations, services, attractions, or activities or possible substitutes for those things that are the subject of the message and that: 1 .Refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises; 2. Attracts attention to the off-premises public to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire on the subject premises. These are regulated regardless of whether behind glass or not. Double-faced sign: A single sign with two parallel sign faces back to back. Driveway: Every entrance or exit used by vehicular traffic to or from properties abutting a roadway. H:~EG-DIR~3SE PH~_ONIN G-0.4~oO4q36S PECIAL PERMIT,DOC Page 8 of 22 Driveway, High Volume: A driveway used or expected to be used by more than 1500 vehicles per day. Driveway, Low Volume: A driveway used or expected to be used by more than 25 but less than 750 vehicles per day. Driveway, Medium Volume: ^ driveway used or expected to be used by more than 750 but less than 1500 vehicles per day. Fence: Any enclosing barrier, constructed of wood, metal or any other material, regardless of its use or purpose. Grand opening: A grand opening refers to the beginning of a new business in a new location of or the assumption of ownership of an existing business by a new owner or group of owners. Multi-faced sign: A single sign with two or more faces which are not parallel nor back to back. Nameplate: Any sign which denotes only the individual, firm, business, or corporate name of the occupant of the premises. Noncommercial message: A message that is not a commercial message. Out-parcel or out-tract development: A tract or reserve platted as part of the development of a shopping center or integrated business development (IBD) that is independent of the IBD. Parking, landscaping and signage for such out- parcel or out-tract are determined separately from the adjacent shopping center or IBD. Principal building: The building or buildings on a lot that are occupied by a primary use. Changeable copy sign: Any sign that allows the copy to change. For the purposes of this ordinance, no signs that are not permanently affixed to the ground may be considered eligible for consideration as changeable copy signs I-hese signs may be lighted or unlighted, with detachable precut letters and figures, or the message may be electronic. Right-of-way: A strip of land either dedicated or owned by the city or other public agency and used for the purpose of a public way or roadway. Roofline: The height above finished grade of the upper beam, rafter, ndge or purlin of any building. Purlin is a horizontal timber or beam that supports the rafters of the roof such as the deck of the roof. Roof sign. Any sign constructed, erected, or placed above the eave of a sloped roof, decking or of a flat roof. Screening: Hedges, informal plantings, natural vegetative covers, berms, or manmade fences or walls provided for the purpose of protecting adjacent uses from potential noise, H:~-EG-DIR',JOSEPH~ZONINC--O4~604-O6SPECIAL PERMIT.DOC Page 9 o~' 22 glare, trash, odor, visual disorder, or other harmful, intrusive or noxious effects. Setback: The distance between a wall or any projection of a building and the property line excluding steps and unenclosed porches. Sign - Informational: Informational signs erected on-site by public and private developments directing or denoting the entrance, exit, parking, and direction of traffic flow. I The directional signs may not exceed two square feet in area per sign. 2. No Iogos, emblems or other identifying symbols of the development may be placed on directional signs. 11. Architectural X. Sign facing or surface: The surface of any sign upon, against or I~hrough which the message is displayed or illustrated; provided,however, for signs in which the words, letters or symbols are independently mounted, the sign surface area must be that of the smallest regular geometric form that will wholly contain all of the elements. Y. Street frontage: The length of a lot or tract of land which is adjacent to a public or private street. Z. Structure: Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground. AA. Subdivision: The division of any lot, tract or parcel of land by plat, map or description into two or more parts for the purpose of sale, rental, lease or division of ownership. Requirements: A The subject property is to reflect a theme and style of architecture that celebrates the coastal and Spanish heritage of South Texas and promotes quality building design for nonresidential structures along S.H. 361of Mustang Island. 1. Style - The architectural style of the buildings are intended to reflect Spanish, Mediterranean, or Coastal-style architectural design, appropriate to this region's climate. 2. Building design, treatments and materials of the buildings on the subject property shall adhere to the following six characteristic requirements: A. General Massing - Predominate shape of the structure with regard to the specific building style. Shopping centers and other large H:~.EG-[NR~JOSEP H',ZONIN G-O4V3604~6S P ECIAL PERMIT.DOC Page 10 of 22 buildings must be designed to reduce their apparent bulk by dividing the building mass into several smaller-scaled components, including the use of Iow-scale planters, site walls, variations in roof forms and height, and the Iowedng of parapets when not needed to screen mechanical equipment. Exterior Wall Materials & Finishes - which can be viewed from public right-of-way - Shall be consistent with the specific building style. High quality synthetic materials which simulate the original material of a particular building style will be considered. Walls shall be constructed of one or a combination of the following materials with no 4'x 8' sheets of siding allowed: 1. Stucco 2. Masonry, Bdck, or Stone 3. Cementious Siding 4. Wood 5, Vinyl Siding meeting the following specifications: a. Nominal 0.42" mill thickness b. 0.5/8" profile height c. Reinforced nail hem d. Designed for 160 MPH wind-load when attached on 16" centers. 6. Storefront glass is to be limited to 15% of a building facade and must be consistent with the chosen design theme. Roof Form and Materials - The shape of the roo¢ ~he height of its pitch shall be specific to the building Roof materials for pitched roofs shall be consistent with building style and limited to the following: Metal - Standing Seam, 5-V cdmp, or corrugated. Unpainted Galvalume finnish is preferred. H:~J_EG-DIRLIOS EP H~.O NINGA~I'~3604A~S P ECIAL PER/fiT.DOC Page 11 o1:22 2. Tile - Slate, Terra cotta, clay, or concrete tile. Shingles - Amhitectural dimensional composition shingle (the use of 3-tab shingles is prohibited), or metal. Roof screening - all roof top equipment shall be screened from view when viewed from the ground. Openings, which can be viewed from public fight-of-way. The shape of an opening, its proportion relative to building massing, how it functions, how it is divided, and the rhythm of openings within a structure must be specific to the building style. Additive Elements - Dormers, cupolas, chimneys, balconies, porches, bays, colonnades, brackets, stoops and any other design elements, - which can be viewed from public right-of-way, shall be specific to the building style. Color and Brightness - all exterior walls and accents, which can be viewed from public right-of-way, shall compliment building style and must conform to the attached color palette (Appendix B) Exterior paint must be flat or non-glossy. 3. Lighting Outdoor lighting is allowed at the following level as measured at the property line: 1. 3 foot-candles for the subject property. Outdoor lighting may not be used as an attention~etting device or as addilional signage for a building. Light fixtures must be shielded to prevent glare on adjacent properties. Direct lighting that is used to illuminate signage must be shielded to prevent glare on ddvers. 12. Architectural Styles: A. Listed below are architectural building styles which reflect Spanish, Mediterranean, or Coastal-style architectural design appropriate for the subject property. A complete description, along with illustrations are depicted in A FIELD GUIDE TO AMERICAN HOUSES (published by Alfred A. Knopf, Inc., New York, copyright 1984), wdtten by Virginia & Lee Mc. Alester. H:~_EG~D~R~JOSE PH~_ONING-O4~604A~S PECIAL PERMIT.DOC Page 12 of 22 13. 1. Folk or Native Sb/le (American Coastal Architecture). a. Folk Victorian - See page 309 of A FIELD GUIDE TO AMERICAN HOUSES. b. Stick Style - See page 25§ of A FIELD GUIDE TO AMERICAN HOUSES. c. Shingle Style - See page 289 of A FIELD GUIDE TO AMERICAN HOUSES. 2. Colonial Styles a. French Colonial - See page 121 of A FIELD GUIDE TO AMERICAN HOUSES. b. Spanish Colonial- See page 129 orA FIELD GUIDE TO AMERICAN HOUSES. 3. Eclectic Styles a. Mission Style - See page 409 of A FIELD GUIDE TO AMERICAN HOUSES. b. Spanish Eclectic - See page 417 of A FIELD GUIDE TO AMERICAN HOUSES. c. Monterey - See page 431 of A FIELD GUIDE TO AMERICAN HOUSES. d. Craftsman - See page 453 of A FIELD GUIDE TO AMERICAN HOUSES. 4. Modern Styles: Modern interpretations of any of the above styles be contextual by the use of appropriate materials, general mass~n§ and proportions, and colors. Architectural Review Application Process: A. Pre-submittal procedures. Prior to the preparation and submission building plans, an applicant for a building permit shall submit a development plan review application and contact the-Development Services Department to schedule a pre-submittal meeting with City staff to discuss the architectural and site requirements contained in this Special Permit. 1. The applicant must provide elevations, perspectives, and a ~ite plan for the project one week pdor to the pre-submittal meeting. H:~_EG-Dt R~JOS E P H~_ONINGq34~3604-06SP ECIAL PERMIT.DOC Page 13 of 22 After the pre-submittal meeting and before building plans are prepared, the applicant shall prepare a scaled site plan, perspectives showing two sides and elevations of all structures on the site for submission and review by Staff. The site plan must show the location of all features including proposed parking, landscaping, and signage, as well as the elevations of accessory structures and dumpster and mechanical enclosures. The information supplied by applicant must include all materials, colors, and treatments that are proposed for use on the project. B. Application processing procedures. The City Building Official will approve or deny the application. Any application that has been denied by the City Building Official may be appealed by the applicant to the Planning Commission. 14. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date approved by ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. H:'~.EG-DIR~JOSEPH~ZO NING-04~)604 -06SP ECIAL PERMIT.DOC Page 14 of 22 Appendix A H:~EG-DiR',JOS EP H~ZONIN G-04~oO4~6S P ECIAL PERMIT. DOC Page 15 o1' 22 Recommended plant species list The plants listed below are recommended for the coastal zone of Corpus Chdsti. They are chosen because they have a lush, "tropical" look while being cold hardy (except as noted) and do not require excessive water and fertilizer once established (except as noted). These plants may not be practical for all areas of Corpus Christi, therefore the water, sunlight, wind and salt conditions of each specific plant should be considered before its placement on the Landscape plan. Plants not specified on this list are allowed if they meet the intent of this ordinance and are suitable for the environment in which they are to be planted. TREES Scientific Name Citrus sp. Cordia boissieri Hibiscus tiliaceus Ilex vomitoria Juniperus chinensis Morella cedfera Pinus thunbergia Prosopis spp. Quercus virginiana Common Name Citrus (Mex. lime, orange, lemon) (F,-r) Wild Olive (F,H,T) Hibiscus Tree (F,T) Yaupon Holly tH,N) Twisted Hollywood Juniper Wax Myrtle (H,N,T) Japanese Black Pine Mesquite tH,N) Live Oak tH,N) F = likely to die in hard freeze, G: suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water H:~EG-DIR',JOS EPI-~.O NING-0,4~SO4~6SP E CIAL pERMIT.DOC Page 16 ol~ 22 LARGE PALMS Scien[ffic Name Phoenix canariensis Phoenix dactylifera Roystonea spp. Sabal palmetto Sabal mexicana Syagrus romanzoffiana Washingtonia filifera Common Name Canary Island Date Palm (F,T) Texas Date Palm (T) Royal Palm Flodda Sabal (T) Texas Sabal (-[-) Queen Palm Fan Palm (1') SMALL PALMS & CYCADS Scientific Name Butia capitata Chamaerops humilis Cycas revoluta Sabal minor Common Name Pindo, Jelly Palm, Cocos Australis (T) Mediterranean Fan Palm (T) Sago Palm ('1-) Dwarf Palmetto (N,T) SHRUBS Scientific Name Caesalpinia pulcherrima Callistemon spp Carissa spp. Dasylidon texana Edobotrya hybrid Erythina herbacea Euryops pecinatus Feijoa sellowiana Common Name Pdde of Barbados (F,T) Bottlebrush (F,H,T) Natal Plum (F,T) Texas Sotol 0 Coppertone Loquat (VV) Coral Bean (H,N) Golden Shrub Daisy (F,H) Pineapple Guava (F,H,T) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butte~ies, N = Coastal Bend native, T = tropical look, W = needs moderate water H:~.EG-DIR~IOSEPI-I~_ONINC--04~)604~6S PECIAL PERMIT.DOC Page 17 of 22 SHRUBS Hesperaloe parviflora Hibiscus spp. Ilex vomitoria nana /antana spp. Leucophyllum spp. Nerium oleander Raphiolepis indica Tecoma stans (Stenolobium stans) Yucca arkansana Yucca rostrata Yucca treculeana Red Yucca (H,N) Tropical Hibiscus (F,T) Dwarf Yaupon Lantana (H,N,T) Texas Sage, Cenizo (H,N,T) Oleander (F,T) Indian Hawthorn (H,T) Esperanza, Yellowbells (H,T) Soflleaf Yucca (H) Thompson Yucca (H) Spanish Dagger (H,N) HERBACEOUS PERENNIALS Scientific Name Agapanthus spp. Asparagus sprengeri Cuphea hussopifolia Hedychium coronarium, Alpina zerumbet Jatropha spp. Kalanchoe sp. Lantana montevidensis, L. sellowiana Musa ssp. Plumbago spp. Rosemarinus sp. StreliLzia nicolai Strelitzia reginae Tagetes lemmonii Trachelospermum asiaticum Wedelia trilobata Common Name Blue Lily of the Nile (T,W) Asparagus Fern (G,H,'[-) Mexican Heather (F,G) Gingers (F,T) Jatropha (F,T) Kalanchoe (G) Trailing Lantana (G) Banana (F,T) Blue or White Plumbago (F,G,H,T) Rosemary (G) Giant or White Bird of Paradise (T,W) Bird of Paradise (T,W) Copper Canyon Daisy (H) Asiatic Jasmine (G,T) Wedelia (G,T) F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (good for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W =nccds moderate water H:~-EG-DIR',JOSEPH~-ONINGA34'~04-06S PE CIAL PERMFF.DOC Page 18 of 22 VINES Scientific Name Antigonon leptopus Bougainvilla spp. Lonicera sempervirens Common Name Coral Vine, Queens Wreath (F,H.T) Bougainvillea (F,T) Coral Honeysuckle (H,']-) Tecomada capensis Cape Honeysuckle (F,H,T) Trachelospermum jasminoides Confederate Jasmine (H,-I-) INTRUSIVE SPECIES - NOT TO BE PLANTED Scientific Name Common Name Melia azedarach var. umbraculiformis Chinaberry, Texas Umbrella Tree GRASS Scien~c Name Cynodon dactylon Stenotaphrum secumdatum "Floralawn" Stenotaphrum secumdatum "Floratam" Ricinus communis Sapium sebiferum Schinus terebinthifolius Tamarix sp. Common Name Bermuda grass St. Augustine grass "Floralawn" St. Augustine grass "Floratam" Castor Bean Chinese Tallow Brazilian Pepper Salt Cedar F = likely to die in hard freeze, G = suitable for ground cover, H = habitat plant (go(~d for birds and/or butterflies, N = Coastal Bend native, T = tropical look, W = needs moderate water H:~_EG-DiR~OSEP H~ZONING~04~3604~6S p ECtAL PERMFr. DOC Page 19 o1~22 APPENDIX B H:~-EG-D{ R~JOSEPH~ZO NING -04~o04..0~oSPEC[AL PERMIT.DOC Page 20 of 22 Color Palette SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. Page 21 of 22 SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That upon written request of the Mayor or five Council members, copy affached, b~e City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of Cib/affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21sT day of September, 2004. A'FrEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~.~,.. Joseph a~rney~ Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H :~E C-q~ RLIO S E P H~- O NI N GA:~4'~0~oO4A~ S P E CIAL PERMIT.DOC P~e22of~ Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:q. EG-Dt R',JOSEP H~ZONINGq)4\O~O4-04~S PECIAL PERMIT.DOC 09/15/2004 17:04 3618263886 CI/Y OF C.C. Char]ss C~;m ~ ~h PAGE 82/14 ~ 1 of 2 89/15/2884 17:04 36182&300G CITY OF C.C. D~V ~ CSm4 ~h 3~ 1G~.~34042, "N' . '" · , i"./', eAoT'g sa.:~l~. Sonr~we~c ~u~u3da~y. l~e ot ~a~ l~: 25'. NO]LTH ': .:.: ' Parc :2 of 2 17:04 361826300g CITY ~: C.C. DEV S~R PAGE 04/14 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 21, 2004) Case No.: 0804--01, Suzanne Scott: A change of zoning from an "A-i' Apartment House District to a "B-I" Neighborhood Business District. ~[he property is a 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3, located along the west side of South Carancahua Street and 60 feet south of Coleman Street. Planning Commission and Staff's Recommendation (08/11/04): Approval. Requested Council Action: Approval of the "B-I" Neighborhood Business District and adoption of the attached ordinance. Purpose of Request: Unspecified business use. Summary: · Thc applicant is requesting a change of zoning to "B-I" Neighborhood Business District for unspecified office and/or retail use. · A residential structure consisting of 1,400 square feet is located on the property will be retained and converted to the nonresidential use. Access for the property is provided along South Carancahua Street, a collector. A retail use at this location would generate 19.71average daily traffic while an office use would generate 16.20 average daily traffic. · The demand for water/wastewater service of an office or retail use on this site is projected at 516 gallons daily with a daily solid waste demand of 14 lbs. for an office use and 56 lbs. for a retail use. North of the subject property is multi-family development within an "A-2" Apartment House District. To the south are single-family residential properties and office uses in an "AB" Professional Office District. Across South Carancahua Street, to the east, are single-family and multi-family developments in an "A-I" District. West of the subject property are professional office uses within an "AB" Professional Office District. The requested "B-I' District is consistent with the South Central future land use map that recommends neighborhood commercial for the subject property. The South Central plan further recommends that the entire block area of the subject property transition to neighborhood commercial. The requested 'B-l" District accomplishes the objectives of the Plan. Am~licant's Position: '[he applicant concurs with Planning Comrmssion and Staff's recommendation, Agenda Memorandum September 21, 2004 Case No. 0804-01 (Suzanne Scott) Page 2 Notification: Of the sixty notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. The 20°/° rule is not invoked. This case is considered noncontroversial. ~ Michael N. Gunning, AICP Assistant Director of Development Services MNG~G~er Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~PLN-DIRkERMA\WORD~AG EN DMEML2004~08044) I AGENDAMEMODOC CITY COUNCIL ZONING REPORT Case No.: 0804-01 Planning Commission Hearing Date: August 11, 2004 Applicant: Suzannc Scott Owner: Guy H. Allison Agent: Same as applicant 0.258 acre out of Hampto~ Addition, Block 1, Lots 1, 2, and Legal Description/Location: Being 3, located along the west side of South Carancahua Slxeet and 60 feet south of Coleman S~eet. From: "A-I" Apartment House District To: "B-I' Neighborhood Business Dislrict Area: 0.26 acres Purpose of Request: Unspecified business use. · ~ Zoning ~ Site "A-I' Apartment House Disa-ict ~ North "A-2" Apartment House ~ ~ District · ~, ~ South "AB" Professional Office ~ Dislrict ~ East "A-I" Apartment House · ~ District '~' West "AB" Professional Office ~ Disa'ict Existing Land Use Single-family residence Multi-family Single-family residences Multi-family Professional Office Future Land Use Neighborhood Commercial Neighborhood Commercial Neighborhood Commercial General Commerctal Neighborhood Commercial Area Development Plan: South Central- The requested "B-I" District is consistent with the future land use map that recommends neighborhood commercial. Map No.: JI5B (045043) Zoning Violations: None Zoning Report Case No. 0804-01 (Suzanne Scott) Page 2 The applicant is requesting a change of zoning to "B-1" Neighborhood Business District for unspecified office and/or retail use. A residential structure consisting of 1,400 square feet is located on the property will be relained and converted to the nonresidential use. Access for the property is provided along South Camncahua Street, a collector. A retail use at this location would generate 19.71 average daily traffic while an office use would generate 16.20 average daily traffic. The demand for water/wastewater sermce of an office or retail use on fi'us site is projected at 516 gallons daily with a daily solid waste demand of 14 lbs. for an office use and 56 lbs. for a retail use. North of the subject property is multi-family development within an "A-2" Apath.ent House District. To the south are single-family residential properties and office uses in an "AB" Professional Office District. Across South Carancahua Street, to the east, are single-family and multi-family developments in an "A-1" District. West of the subject property are professional office uses within an "AB" Professional Office District. The requested "B-I" District is consistent with the South Central future land use map that recommends neighborhood commercial for the subject property. The South Central plan further recommends that the entire block area of the subject property txansition to neighborhood commercial. The requested 'B-I" District accomplishes the objectives of the Plan. Street Type South Carancahua Street Collector Paved Section Volume (2001) 60' R.O.W. w/40' Bk. to Bk. 4,750 a.d.t. pavement A replat of the property is being processed. The South Central future land use map recommends the subject property and surrounding properties within that block transition to neighborhood commercial. With the approval of a "B-I" District on tkis properly, lransitioning of the block to a neighborhood commercial area is initiated as du-ected by the Plan. Zoning Repot1 Case No. 0804-01 (Suzanne Scoi~) Page 3 Approval of the "B-1" Neighborhood Business District. Approval of the "B-1" Neighborhood Business District. Number of Notices Mailed - 60 Favor - 1 Opposition - 0 (As of September 7, 2004) Attachment: Zoning Map H AP LN -DIR~ERM A\WO [tl)XZON KPTSX2.0IM ~ZON IN G [~EPO RT0804431CCKEPO RT. DOC NORTH Planning ComnUssion Minutes August 11, 2004 New Zoning 0804-01 - Suzanne Scott REQUEST: Change o£zoning from "A-1" Apartment House District to "B-1" Ncighborbood Business District, resulting in a change of land usc from medium-density residential to neighborhood commercial Excerpts from Zoning Report Legal Dexcription/Location: Being 0.258 acre out of Hampton Addition, Block 1, Lots 1, 2, and 3 located along the west side of South Carancahua Street and 60feet south of Coleman Street. Purpose of Request: Unspecified business use. Area Development Plan: South Central - The requexted "B-I "District is conststent with the future land ase map that recommends neighborhood commercial The South Central future land use map recommends the subject properly and surrounding properties within that block tranxition to neighborhood commercial With the approval ora "B-1 ' District on thts property, transitioning of the block to a neighborhood commercial area is initiated as directed by the Plan. Sta~s Recommendation: Approval of the "B-I "Neighborhood Business District. Vice Chairman Mims opened the public hearing. No one seemed to be in favor or in opposition. The public hearing was closed. Motion by Salazar and seconded by Amsler to recommend approval as submitted. Motion passed unanimously. Chairman Berlanga stated that we would now go to the 2004 bond presentation and public heanng. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUZANNE sco'rr BY CHANGING THE ZONING MAP IN REFERENCE TO 0.258 ACRE OUT OF HAMPTON ADDITION, BLOCK 1, LOTS 1, 2, AND 3, FROM "A-I" APARTMENT HOUSE DISTRICT TO "B-l" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of Suzanne Scott for amendment to the City of Corpus Christy Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 11, 2004, dudng a meeting of the Planning Commission, and on Tuesda? September 21,2004, during a meeting of the City Council, in the Council Chambe:s. 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 se?~e public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, ~s amended by changing the zoning on 0.258 acre out of Hampton Addition, Block,; Lots 1, 2, and 3, located along the west side of South Carancahua Street and 60 feet south of Coleman Street, from "A-1" Apartment House District to "B-I" Neighborhood Business District. (J15B)(045043) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus C~hristi, Texas, approved on the 27th day of August, 1937, as amended from time to tim~ except as changed by this ordinance and any other ordinances adopted on this dale, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plap amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~LEG-DIRLIO SEP H~.O NIN G-O4~0804~1 REGULAR .DOC Page 2 o[ $ SECTION 5. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the officia! publication of the City of Corpus Chdsti as required by the City Charier of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule 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 21~ day of September, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ..~',..~ /~; H rn~ey Joseph Assistant City Attorney For City Attorney 2OO4 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H N. EG- DIR~JOS EP H~_O N IN GA~)4~0804~ 1 REGULAR.DOC Page 3 of 3 Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D Colmenero Melody Cooper Henry Garrett Wdliam Kelly Rex ^. Kinnison Jesse Noyola Mark Scott H:~LE G-DIR',J OS EPI'-I~_O NING ~34\0804q31 REGULAR.DOC o9/15/2oo4 17:04 1~ U~ u~:u~p 3610263006 CITY C~~ C.C. DEV S~ PAGE 05/14 75.00' ' S05'30'00'E -~ "~""'-CL S. CARANCAHUA ST. 8911512884 17:84 3618263886 CITY ~ C.C, ~V ~R BASS & WELSH ENGIN£ER1NG Zo~ir~j Oa~crlp~on July 9. 2004 0404?M&B S~ o~ Te:~as § Couaty of Nue,'~', § Deacttplio~ of a 0.258 ac. re tract o~ la~d, mote or lest, bemg ~e ~outh half of L~'s 1.2 & 3, Bk~:k 1, H~m 0Ion's Addition to the C3ty O~ Corpus Ch rlsl~, Texas, a map of wh~:h i. recOrded In Volume 'A', Page 23, Map Re;o~ds. Nu~'~_ C~unty. Texas, ,~alc10258 acre tract as further der;a:~bed by metes ami b,c~nds as follav~;, BEGINNING at a ~ h3 ~he westerly right-of-way line of Carancahua St~eel al the southeast cot'ne*' of m~id Lc* 1 for the southeast corner of the b-act herein deso~o~J; The~ 5'S4'301~3~ along the south boundary line of said Lot's 1,2 & 3. a dLslance of 150.00' to a Ix~int for the $o~l'mmst corner of said Lot 3 :~nd southwest corner et the ~ herein described; Thence along the wet, Ze~y boum:tary line said Lo~ 3 NO5~J0'00'W 75.00' m a point lot the northwest c~rner ~f the tract herein dss(:t~ed and sc~th~,st comer of Lot 1 -A. Block 1. Hampton's Add~Kion, a map of which is rec~:~ded i~ Volume 31, Page B7 sad Map Records: Thence ah3ng Ihs south bound8~ line O! said Lo11-A. N B4e30'0O'E 150.~ ia a p~nt in s~ we~e~ dght~f- ~ I1~ ~ ~mn~hua S~eet f~ ~e nodhe~t ~met ~ ~ ~ct ~r~n ~scrlbed a~ sought co~r ~ sa~ ~t 1~ T.her~ce el~ said westerly right-of-way righ{-of-way line of CaranCahua Street .SOS~0'00'E 75.00' te the POINT OF BEGINNING, 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 21, 2004) Case No.: 0804-02, Housinl~ 2000: A change of zoning from an "AB" Professional Office District, "A-l' Apartment House District with a "SP" Special Permit, "A-I" Apartment House Dis~ct, and "A-2" Apartment House Dis~ct to a "B-5" Primary Business Disl~ict. The property is in Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots I through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block l, Lots IA, 2A, 3, 4., and 5, located along Furman Avenue between South Carancahua and South Water Street. Planninn Commission and Staff's Recommendation (08/11/04}: Approval. Requested Council Action: Approval of the "B-5" Primary Business District and adoption oftbe attached ordinance. Purl}ose of Request: Apartment development complex - Three Phases. Summa~: · Applicant requesting a change of zoning to "B-5" Primary Business District for mid-rise apartment development. Existing development is planned for removal. The subject property consists of nine acres within a three block area adjacent to Water Street, South Tancahua Street, Furman Avenue and South Carancahua Street, all being collector streets, and Hancock Street and Coleman Street, as local streets. Proposed plans indicate the development of the apartment complex that will span over three phases. Phase I includes the block between Water Street and South Carancahua Street with Furman Street to the north and Hancock Street to the south. Phase II property contains the majority of the block area between Water Street and South Carancahua with Coleman Street to the north and Furman Avenue to the south. Phase III of the subject property lies between South Carancahua Street and South Tancahua Street with Furman Avenue to the north and Hancock Street to the south. The design of the proposed apartment development is to reflect old world architecture. Phase I will consist of 158 units contained within seven 4-story buildings. Of that total, 120 units are designated as one-bedroom and 38 units as two-bedrooms. Units within the complex will range between 750 to 1,259 square feet. A three and one-half story parking garage is planned for residents of the complex as well as a minimum of 40 storage units for residents on site. Other amenities within the development will include a waterscaped swimming pool, clubhouse, fitness facility and a 3,000 square foot business center. Agenda Memorandum September 21, 2004 Case No. 08044)2 (Housing 2000) Page 2 Anticipated traffic generated by Phase I of the apartment development is 1,061 average daily trips along the adjacent street systems. Water/wastewater demands are projected at 39,500 gallons per day with a solid waste demand of 1,406 lbs daily for Phase I. Traffic and service demands should be similar for Phases II and III · Phase II is planned like that of Phase I but with fewer units. It will consist of five 4-story buildings. Upon completion of Phase I, Phase I1 is anticipated to commence. Number of buildings and units for Phase Ill apartment development has not been determined. Basic architecture design of Phase I and II will be utilized during this Phase. Upon completion of Phases I and II, Phase III is anticipated to commence. Vanou.s apartment designations on the subject property require a setback of twenty-five feet from all property lines and limit the height of buildings to 3 to 4-stories. "AB" Dis~cts of the subject property · allow for a ten (10) foot setback, but limit the height of structures to 3-stories. The "B-5" District is requested by the applicant in order to reduce setback requirements for the development and to allow 4-stories on the entire property. The "B-5" District does not require setbacks nor restricts the height of buildings. Per the development plan for Phases I and II, ten (10) and fifteen (15) foot setbacks are proposed for the apartment development. Additionally, the "B-5" District offers commercial activity that could be incorporated into the overall apartment development plan. The "B-5" District is consistent with the South Central future land use map. Staffdiscussed the advantages ora P.U.D. to ensure high quality residential units in downtown. The developer indicated that investment and financing decisions were based on the "B-5" zoning, and any change could jeopardize the project. Staffis strongly supportive of enhanced housing opportunities in downtown and the economic benefits that accrue from populating the central area. Al~olicant's Position: The applicant concurs with Planning Comrmssion and Staff's recommendation. Notification: Of the one hundred seven notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. Although the 20% rule is not in effect at this time, this case may be considered controversial due to neighborhood concerns on other uses permitted in the "B-5" District. The applicant has agreed to elinllnate by deed restrictions the more ouerous mini-storage, bars, warehousing, outside storage, manufacturing and billboard uses as noted by the residents. Assistant Director of Development Services MNG/FGMJer Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H :~P LN-D IR~ERMA\W. ORD~AGENDMEML2004\08O4-02AGEND AM EMO.DOC CI'TY COUNCTL ZONTNG REPORT Case No.: 0804-02 Planning Commission Hearing Date: August 11, 2004 Applicant: Housing 2000 Owner: Bacilio Bachor and The Morris L. Lichtenstein, Jr. Foundation Agent: Jim Chamquist, Developer - Myron Grossman, ERA Realtor - Larry Urban, Urban Engineering Legal Description/Location: Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot O, BluffFront, Lot T, Furman, Block 1, Lots IA, 2A, 3, 4 and 5, located along Furman Avenue between South Carancahua S~'eet and South Water Street. From: "AB" Professional Office District, "A-I" Apartment House District, "A-I"/SP Apartment House Dis~ict with a Special Permit and "A-2" Apartment House District To: "B-5" Primary Business Dis~ct Area: 9 acres Purpose of Request: Apartment Development Complex - Three Phases Zoning Site "AB" Professional Office, -t ^partment house, "A-I'/SP Apartment House w/Special Permit and "A-2" Apartment House Districts North "A-2" Apartment House District South "A-I" Apartment House District, "B-I" Neighborhood Business and "B-4" General Business Districts East "A-2" Apartment House Dis~-ict West "AB" Professional Office District Existing Land Use Single-family, multi- family, public/semi-public and office Multi-family, public/semi- public and office Single-family, multi- family and commercial Public/semi-public, office, commercial Single-family, multi- family, office and commercial Future Land Use High-density multi-family, neighborhood commercial and general commercial High-density multi-family and general commercial High-density multi-family and general commercial Public/semi-public, tourist and commercial Neighborhood commercial Zoning Report Case No. 08044)2 (Housing 2000) Page 2 Area Development Plan: South Central- The requested "B-5" District is consistent with the future land use map that recommends medium to high density residential and cornrnercial development. Map No.: J15B (045043) Zoning Violations: None · Applicant requesting a change of zoning to "B-5" Primary Business District for mid-rise apartment development. Existing development is planned for removal. The subject property consists of nine acres within a three block area adjacent to Water Street, South Tancahua Street, Furman Avenue and South Carancahua Street, all being collector streets, and Hancock Street and Coleman Street, as local streets. Proposed plans indicate the development of the apartment complex that will span over three phases. Phase I includes the block between Water Street and South Carancahua Street with Furman Street to the north and Hancock Street to the south. Phase II property contains the majority of the block area between Water Street and South Carancahua with Coleman Street to the north and Furman Avenue to the south. Phase Ill of the subject property lies between South Carancahua Street and South Tancahua Street with Furman Avenue to the north and Hancock Street to the south. The design of the proposed apartment development is to reflect old world architecture. Phase I will consist of 158 units contained within seven 4-story buildings. Of that total, 120 units are designated as one-bedroom and 38 units as two-bedrooms. Units within the complex will range between 750 to 1,259 square feet. A three and one-half story parking garage is planned for residents of the complex as well as a minimum of 40 storage units for residents on site. Other amenities within the development will include a water-scaped swimming pool, clubhouse, fitness facility and a 3,000 square foot business center. Anticipated traffic generated by Phase I of the apartment development is 1,061 average daily trips along the adjacent street systems. Water/wastewater demands are projected at 39,500 gallons per day with a solid waste demand of 1,406 lbs daily for Phase I. Traffic and service demands should be similar for Phases 1I and I11. · Phase II is planned like that of Phase I but with fewer units. It will consist of five 4-story buildings. Upon compIetion of Phase I, Phase II is anticipated to commence. Number of buildings and units for Phase III apartment development has not been determined. Basic architecture design of Phase I and II will be utilized during this Phase. Upon completion of Phases I and II, Phase III is anticipated to commence. Zoning Report Case No. 0804-02 (Housing 2000) Page 3 Various apartment designations on the subject property require a setback of twenty-five feet from all property lines and limit the height of buildings to 3 to 4-stories. "AB" Districts of the subject properly allow for a ten (10) foot setback, but limit the height of structures to 3-stories. The "B-5" District is requested by the applicant in order to reduce setback requirements for the development and to allow 4-stories on the entire property. The "B-5" Dis~ct docs not require setbacks nor restricts the height of buildings. Per the development plan for Phases I and II, ten (10) and fifteen (15) foot setbacks are proposed for the apartment development. Additionally, the "B-5" District offers commercial activity that could be incorporated into the overall apartment development plan. The "B-5" District is consistent with the South Central future land use map. Staff discussed the advantages ora P.U.D. to ensure high quality residential units in downtown. The developer indicated that investment and financing decisions were based on the "B-5" zoning, and any change could jeopardize the project. Staffis strongly supportive of enhanced housing opportunities in downtown and the economic benefits that accrue from populating ' the central area. Street Type Paved Section Volume ( ooD South Carancahua Street Collector 60' R.O.W. w/40' Bk. to 13k. 4,750 a.d.t. pavement South Tancahua Street Collector 60' R.O.W. w/40' Bk. to Bk. 5,330 a.d.t. pavement Water Street Collector 60' R.O.W. w/30' 40' Bk. 2,230 a.d.t. to Bk. pavement Coleman Street Local 50' R.O.W. w/28' Bk. to Bk. 440 a.d.t. pavement Hancock Street Local 50' R.O.W. w/28' Bk. to Bk. Not available pavement Furman Avenue Collector 60' R.O.W. w/40' Bk. to Bk. 1,310 a.d.t pavement Property is platted. Processing alley closures for Phase I and II of the development. The South Central future land use map recommends the subject property transition to high- density residential and commercial. With the approval ofa "B-5" District on the subject property, transitioning of the three (3) block area to high-density residential and commercial accomplishes this Plan directive. Zoning Report Case No. 0804-02 (Housing 2000) Page 4 Approval of the "B-5" Pnmary Business District. Approval of the "B-5" Primary Business District. Number of Notices Mailed 78 Favor 0 Opposition 0 (As o£September 7, 2004) Attachments: Zoning Map Development Plan H:~P LN- D IR~ERM A\WO RDXZONKPTSL?.004~ZO N [NG REPO RT08044)2CC REPO RT.DOC AI3~ B-2 HANCOCK STREET "" " '/-I " ''- " NORTH Planning Comrmssion Minutes August 11,2004 b. 0804-02 - Housing 2000 REQUEST: Change of zoning from "AB" Professional Office District, "A-I" Apartment House District with a "SP" Specml Permit, "A-I" Apartment House D~strict, and "A-2" Apartment House Dis~ict to "B- 5" Primary Business District, resulting in a change of land use from office and high-density residential uses to office, high-density residential uses and business uses. Excerpts from Zoning Report Legal Description/Locatton: Hampton, Block 2, Lots 1 through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block 1, Lots IA, 2A, 3, 4 and .5, located along Furman Avenue between South Carancahua Street and South Water Street. Purpose of Request: Apartment Development Complex - Three Phases Area Development Plan- South Central- The requested "B-5" District is consistent with the future land use map that recommends medium to high density residential and commercial development. Department Comments: The South Central future land use map recommends the subject property transition to high-density residential and commerciat With the approval of a "B-5" District on the subject property, transitioning of the three (3) block area to high-density residential and commercial accomplishes this Plan directive. Staff'Recommendation: Approval of the "B-5" Primary Business District Mrs. Goode Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 7g notices mailed. None were received in favor or in opposition Ms. Goode-Macon stated that this request is for nine acres to be rezoned to "B-5". She stated that the development plan is to be done in three phases. The First phase will contain 158 units in seven buildings which will each be four stories high and have an Old World design. The development would generate approximately 1,000 daily trips. Phase II will be started when phase I is complete, and Phase III will begin when Phase II is complete. The applicant is requesting "B-5" zoning because in that it does not limit itself to set backs or restrict building heights. Chairman Berlanga asked if"B-5" zoning would allow for unlimited signage and billboards. Ms. Goode-Macon stated that it did Chairman Berlanga asked if the applicant had any indication of having huge signs. Ms. Goode-Macon stated that none were indicated. Chairman Berlanga opened the public hearing and stated that there would be a three minute time limit for each citizen to speak for or in opposition of the zoning change. Mr. Myron Grossman, Realtor with ERA located at 5765 South Staples came forward. He stated that he met with Moms Lichtenstein, Jr. to discuss developing a large wact of land that Moms had acquired over a 30 year period. Mr. Lichtenstein passed away before the project was put together, The land was left in tact in a trust called the Morris L. Lichtenstein Jr. Foundation. Mr. Grossrnan met Mr. Jim Chamquist, President of Sage Properties, Inc. who wanted to develop a property in Corpus Christi. Mr. Charnquist is a native of Corpus Christi. He had developed several very successful and lasting landmark properties. He saw the subject property and became as excited about the location as Mr. Planmng Conmaission Minutes August 11, 2004 Case No. 0804-02 (Housing 2000) Page 2 Grossman was. Mr. Grossman stated that it has always been a dream of his to be a part of rehabilitating the Flour Bluff and downtown areas back to the 1950's and 1960's renaissance period when there was a lot of hustle and bustle downtown. He stated that in order to increase foot traffic downtown we need to have housing downtown that is first class. He stated that we must attract mid to upper income to the downtown area to get additional community development in the area. Mr. Jim Charnquist, 6303 Beverly Hills, Houston, Texas, stated that he was President of Sage Properties and developer of the project. He came forward and stated he had been a developer for 35 years. He stated that the co developer on this project is Fred Morgan, also from Corpus Christi. He stated that between the two of them, they had developed 30,000 to 40,000 units. Mr. Charnquist provided a PowerPoint presentation and showed the site plan. He described Phase I and gave details of the complex which consisted of one and two bedroom apartments that would rent from $795.00 to $1,250.00 monthly. There would be a four story parking garage incorporated within the units. It will have a very large swimming poor with a deck, a lot of landscaping, interiors will have nine and ten foot ceilings with crown molding. The apartments will have garden tubs and granite type countertops. He provided slides of a similar project he had completed in Houston which showed the architectural concept that included brick and stucco buildings, awnings, pitched roofs, red paver sidewalks, and lush landscaping. Mims stated that she thinks this development is something we have needed for along time. Mr. Charnquist stated that he wanted the "B-5" zoning so that he could be flexible if after Phase I is finished, he sees he needs to make changes. He stated that he did not have definitive plan for Phase Ill, but he did want it to have the appearance of an Italian Village. A citizen at who resides at 226 Wilchard. stated that he had known Mr. Charnquist and Mr. Grossman for over 50years. He had great faith in their integrity. He stated that the Lichtenstem Foundation is to assist and aid people in South Texas with things such as donations to Del Mar, the performing arts, scholarships, etc. Mr. Bacilio Bachor, owner of Phase III of the property, came forward and stated he had moved here from Argentina. He loved this property because when he moved here years, ago on Christmas day, the church on the Phase III property welcomed them. At some point, the Baptist church moved To a: new location. Mr. Bachor purchased a portion of the property and had four different religious groups there over the next five years. The property was not producing much income from these groups. Mr. Grossman approached him with this project. This will become a great place for people to live and do business. He stated he is grateful that this development is something the City can be proud of. Mr. Michael Dodson, owner of the block adjacent to the subject property stated he had no opposition to the project and could see no downside. Chairman Berlanga asked what is total dollar investment was for this project. Mr. Grossman stated about 35M. Mr. Charnquist stated that Phases I and 1I were about 35M. To include Phase Ill would be closer to 45 million. Mr. Jerry Dubrey, 823 South Water Street, commended the presentation and supported the project. He did have some reservations about zoning the property "B-5". He stated we could address setbacks and as an addition to current zoning. He questioned the 78 notices that were sent. He stated that of the 29 property owners in his building, none received notice. Plarmmg Comrmssion Minutes August 11, 2004 Case No. 0804-02 (Housing 2000) Page 3 Mr. Steve Burkett, 823 South Water, resides in The Executive House. His only issue with the project is "B-5" zoning. He slated we should give the minimum zoning necessary to do the project. "B- 5" would allow anything the law allows. Mr. Jim Scott, 823 South Water Street, stated that he is for the project but against "B-5" zoning. It is not good for the conu'nunity or necessary for the area Chairman Berlanga asked what his objection was for "B-5" zoning. Mr. Scott stated the ability to go to other commercial relationships in the area. The roadways are not capable of accommodating commercialization. Furman Street is narrow and the residential area there is not very nice. The entrance onto Furman is heavily congested. Water Street is taking the diversion from the work being done on Shoreline. Ms. Gay Gillson, l0 Rock Creek, slated that she was an attorney downtown. She is against the realignment of Shoreline. She stated that it will be dangerous and not is conducive to foot traffic. Ms. Bailey slated that maybe private deed restrictions could be considered. Mr. Charnquist stated that he needed "B-5" zoning for the reasons he had stated, lie had no intention to put up billboards. Salazar shated that when Fun Trackers wanted to develop, they requested "I-2" zoning. They could not develop without it because they could not get funding without solid zoning with no restrictions. He would hate for Corpus Christi to lose this opportunity for housing. He did not think these people would put bars, billboards, etc. He supports "B-5" zoning and understands the issues. This is necessary for the downtown area. Mr. Gunning stated that staffhad met with the applicant and discussed zoning possibilities. This type of thing has happened with many cases, and we just need to move forward. This puts a cloud on our ability to move forward with development. Sometimes we need to n-ust they do what they say they w~ll do. The City has the authority to down-zone should a project not go through as planned. Stone stated that he agreed with staff. A Developer would not put up billboards or nightclubs because no one would want to want to live there. People would not move into of this of this type of quality development if it had these things. The developer does not want that. The public hearing was closed. A motion was made by Salazar and seconded by Mims to recommend approval of"B-5" zoning as submitted. Motion passed unanimously. Page 1 0[3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY HOUSING 2000 BY CHANGING THE ZONING MAP IN REFERENCE TO HAMPTON, BLOCK 2, LOTS 1 THROUGH 12, FURMAN, BLOCK 2, LOTS I THROUGH 11, RYAN TRACT, LOT O, BLUFF FRONT, LOT T, FURMAN, BLOCK 1, LOTS lA, 2A, 3, 4, AND 5, FROM "AB" PROFESSIONAL OFFICE DISTRICT, "A-I"ISP APARTMENT HOUSE DISTRICT WITH A SPECIAL PERMIT, "A-l" APARTMENT HOUSE DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Housing 2000 for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 11,2004 during a meeting of the Planning Commission, and on Tuesday, September 21, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Hampton, Block 2, Lots I through 12, Furman, Block 2, Lots 1 through 11, Ryan Tract, Lot O, Bluff Front, Lot T, Furman, Block 1, Lots lA, 2A, 3, 4, and 5, located along Furman Avenue between South Carancahua and South Water Street, from "AB" Professional Office District, "A-I"/SP Apartment House District with a Special Permit, '%-1" Apartment House District and "A-2" Apartment House Distdct to "B-5" Pdmary Business District, as shown on the attached Exhibit. (J15B)(045043) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, H:'tLEG-DIRUOSEPH~ZONING-O4~O80.4~2REGULAR.DOC Page 2 o~' 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of September, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph"~ ' Ha/' ne~y Assistant City Attorney For City Attorney 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~.EG-DIR~JOSEPFI~ZONIN~\0804-02REGULAR.DOC Page 3 of 3 Corpus Christi, Texas __ day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOSEPFI~ZONIN~804-02REGU LAR.DOC CITY OF C.C. DEV S~ PAGE 07/14 (3~1]854-~I101 ENGINEERING D.te, Jul~ 19, 7.~04 ~ Job No.: P.O. BOX ¢~x355 - CORPUS CHR~ITI. TEXAS 784,~:~$5 FAX (361)8,54-6EX31 R~zo~d "A-~-" to "B-S' State of Texa~ County of Nueces Field Notes for the rezoning of a 0.638 acm (not bs~ed on an on-th~-ground survey') out of a posen of Lot T, BluffFrout, a map of which is recorded in Volume $0, Page 51, Map Records of Nueecs County. Tcx.~, including portions of Coleman Avenue, a 40.00 foot wide public ro~way, and South Water Street, an 80.00 foot wide public roadway, said 0.638 acre t'ra:t being mom fully described by metes and bounds ~s follows: Begtnniug at a point on the centerline of said Somh Water Street, fi.om which point thc northe~t comer of said Lot T, same b~ing thc Southeast comer of Lot 2, Shoreline Terrace, a map of which is r~:~Jed in Volume 26, Page 83, Map Records of Nuec~s County, Texas, bean.: South 84~30'00'' West, a dls'mnce of 40.06 Thenc~ South 02°26'40" Ea~ along the centerline of said South Water Strict, a distanc~ of 200.50 feet for a comer of this ~act; Thence, South 84°30'00'' West, at 40,06 fcet pass the west boundary of said South W~,~r Slxect, in all a distance of 133.37 feet for a comer of this tract; Thence, North 05030'00'' West, at 190.21 feet pas.~ the south boundary of said Colema~ Avenue, in all a total distance of 200.21 feet for a comer ofthl9 I~act; Thence~ North 84°30'00" East, at 6.52 f~t pass the east boundary of said Coleman Avenue, at J 04.00 fe~ pass the w~t boundary of ~aid South Waist S~t, in all a ~otal dislancc of 144.06 feet to the Point of B~girming and containing 0.63 g a~res (27,772 square feet) of land. Bearings am based on the recorded plat of Lot T, BluffFront, a map of which is recorded in Volume 50, Page 51, Map Records of Nueces County, Texas. Unless ~ Ficldnot~s Description, including premnble, s~tl and slffi3atur% apl~ars/n l~s entire'y, in ils original form, surveyor assumes no responsibility fro' its accuracy. Dan L. Urban, ILP.L.S. License No. 4110 (P Pa~l ~f] 1 7; 04 3G182S300S CITY 0~ C.C_ P,~,GE 0~/14 0~/15/200~ 17:04 ~18~G300G CITY ~ C.C. DEV ~ P~ 09/1~ [361)B54-3101 U RB Id4 POI 80x 6355 , CO~PU$ CHRiS'fL tEXAS ENt31NEERING Date: July 16, 20~14 ~$ob No. 39657.00.410 FAX (301)~54-60D? Rezoned "A-I" to "t1~5'' State of Texas County of Nueces Fleldaotea t'or the rezoning of a 6.445 acre tract of land (not based on an-on-the ground survey) out a portion of Lot T, BluffFront, a map of which i~ recorded in Volume 50, Page 5 I, Map Records of Nueces County, Texa& Lots IA and 2A, Block l, Furman Addition, a map of which is recorded in Volume 45: Page 30, Map Rccords of Nueces County, Texas, Lots 3, 4, and 5: Block 1, and Lots l, 2, 3.4, 5, 6, 7, 8, 9, I0, and I l, Block 2 and including portions of Hancock StTeet, a public fight-of-way, Carancahua Street, a 60.00 foot wide public roadway, Furman' Avenue, a 50.00 foot wide public roadway, and Coleman Avenae, a 40.00 wide public roadway, as shown on the recorded plat of Furman Addition, a map of which is recorded in Volume A, Page 21, Map Records of Nueces County, Texas, also including a portion of South Water Street, an 80.00 foot wide public roadway, being the relocation of.said Bay View Avenue, as described in agreement recorded uuder Volume 214, Page 189, Deed Records of Nueces County, Texas, said 6.445 acre tract being more fully described by metes and bounds a~q follows: Beginning at the intersection of the centerlinc of said Ca~ancahua Street, an thc centerline of said Coleman Avenue; Thence, North 84°30'00' East, along the centerLine of said 391.37 feet for a comer of this tract; Thence~ South 70°51 '41" East, a distance of 23.99 feet for a comer of this tract; Thence, South 05°30'00'' lc.a% at 10.00 feet pass the north boundary of said Lr,t T, i;~ all a total distance of 200.21 feet to the north boundar~ of Lot 6, said Block 1, for a comer ofthls tract Thenca, South g4030'00" We~t, a/ong the common boundary of said Lot T, arid Lot 6, a distance of 133,18 feet to the common north comer of said Lots 5 and 6, for a comer of this tract; Thence, South 05°30'00'' East, along the common boundary of said Lots 5 and 6, at 144.00 feet pass the north boundary of said Furman Avenue, in all a total distance ol' 169,00 feet to the centerline of the above mentione~l Furman Avenue, for a comer ofthtn Ixact; 0~/15/2004 17:04 3B1B2fi3006 CITY OF C.C. DE',d ~:-N PAC~ 10/14 Thenee~ North 84°30'00'' East, along the centerline of said Furman Avenue. a distanc~ of 133. l g fe~t for a comer of ~his tract; Thenc~ South 05°30'00'' Ea~ at 25.00 fee~ pass the south boundary of said Furman Avenue, at 218.46 feet ~ the north boundary of said South Water Street, In a~.l a total disgrace of 355.00 feet to the int~e~tlon of the ccnterline of said South Water Street and the centerline of said Hancock Street, for a comer of this tract; Thence, along the cent~rline of said Hancock Street as follows: South 84030'00' West, 272.00 feet; Nor~ 05°30'00" West, 10.00 feet; South $4'30'00'' We~ 141 .I g feet to the ¢cnterllne of said Carancahua $m'.~g for a comer of this tract.; Thence, North 05°30'00'' West, along the centerlinc of said Carancahua Street, a distance of 724.21 feet to the Point of Begirming and containing 6.445 Acres (280,745 SelL,axe feet) of land. Bearings are based on the recorded plat of Furman Addition, a m~.p of which is recorded in Volume A, Page 21, Map Records of Nueces County, Texas. Unless this Ficldnotes De~ription, including preamble, seal and signature, appeaxs in its entirety, in its original form, surveyor assume~ no responsibility for its Url~an Engineering Dan L. Urban, R.P.I_..S. License No. 4710 , '~,'~ ~, ~,:/x,'~,. ;:2-' ;;',',:, S:'~u~'~Ylng~'96~l~,0000~m~rn'~dAI 'BS-~-- P~,c, ~ of 2 0911512004 17:04 3610263006 CITY OF C.C. D~V be J< P~SE 11/14 17:84 3618263886 CITY OF C.C. I)EV ~ PAGE 12/14 (3fi D85A-3101 Rezoned "A-2" to State of Tex~s County of Nueces Field Notes for the rezonin~ of 0.556 acres (not based on an on-the-ground surwy) tract of land out the remaining portions of Lots 3, 4, 5, and 6, Block 3. includi~ portions of Furman Avenue. a 50,00 foot wide public roadway, and Bay View Avenue, 60.00 foot wide public roadway (mloeat~l), ~ shown on the recorded map of Furman Addition, a map of wbAch is recorded in Volume A, Page 21, Map Records of Nut. ecs County, Texas. also including a portion of South Water Street, an 80.00 foot wide public roadway, being the relocation of said Bay View Avenue, a described in agxee, ment r~orded under Volume 214. Page ] 89, Deed Records of Nuecea County, Texas, raid 0.556 acre tract being more fully described by metes and bounds aa follov~: Beginning, at the intersection of the e~nterline of said South Water Street, ant the eenterline of said Furman Avenue; Thence, South 02°25'00TM East, along the centerlin~ of said South Water Street, distance of 37.20 feet to the point of curvature of a circular curve to the fight whose radiu~ point beam South 87°35'00" West, a distanc~ of 310.00 feet. and having a ten, al angle of 35°41'! 8", a raAius of 310.00 feet, a tangent length of 99.79 fe~t, and an are length of 193.09 feet; Thence, along said circular curve to the right same being the cellter{hle of said South Water Sn'eet, an arc length of 193.09 feet for a comer of this tract; Thence, South 33016'20'' West, continuing along the eenterli, ne of said South Water Strip-.t, a distance of 42.90 feet to the point ofcurvnx'ur~ ora circular curve t,, the lef~ whose radius point bears South 56"43'40" E~t a distance of 125.00 feet, and having a central angle of 38°18'45", a radim of 125.00 fe~ a tangent length of 43.42 feet, and an arc length of 83,58 fe~t; Thence, along said circular curve to the [ell an arc l~a~gth of $3.58 feec t~ for thc south comer of this tract, Thenee, North 05°30'00'' West. parallel to the original ceuterllne of said Bay View Avenue, at 10.00 feet distant th~mfxom, measured at rtght angles thereto, at 10686 fe~t pass the west boundary of said South Water Street, al 300.32 feet pa.ns the soufl: boundary of said Furman Avenue. in all a total clistane~ of 325.32 feet to the c~tterl ix, e of said Furman Avenue for a comer of this tract; 2725 ~VANTNGR DR. · CORPUS CHRt3H, ~KAS 78aDa 09/15/2004 17:04 3618263006 CITY ~ C.C. DEV SER P~GE 13/14 Thence, North 84°30'00" East, along the ccnterltae of said Furman Avenue, a distanc,- of 124.27 feet to the Point of Beginning, and containing 0.556 Acres (24,206 square feet) of la.nd. Bearings are based on the recordv, x[ plat of Fuxman Addition, a map of wlxich Is recorded in Volume A, Page 21, Map Records of Nu~'s County, Texaa. Unless this Fieldnotes Description, including preamble, seal and signature, appeaxs in its entirety, in its original form, surveyor assumes no responsibility for its ac. curacy. Urban Engineering Dan L. Urban, R.P.L.S. License No. 4710 _09115/2804 17;04 3618263006 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: September 21, 2004) Case No.: 0804-03, Wiedv Gunawan: A change of zoning from a "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District. The property is in Bass Subdivision, Block 29, Lots A and B, located on the north side of Sandra Lane, approximately 300 feet east of Airline Road. Plannln~ Commission and Staff's Recommendation (08/11/04): Denial of the "B-l" District, and in lieu thereof, approval of an "AB" Professional Office Dislyict. Retluested Council Action: Denial of the "B-I" District, and in lieu thereof, approval of an "AB" Professional Office District and adoption of the attached ordinance. Purlmse of Reauest: Office complex and apartment development. Summary: Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for the development of an office complex and apartment development on 3.70 acres, per the development plan. The existing residence on the property is planned for removal. · Two (2) offices are planned as one-story buildings consisting of 4,000 square feet each, fronting along Sandra Lane. · Traffic generated by the office complex is factored at 88 average daily trips (a minimal amount of traffic) along Sandra Lane, a local street, and Airline Road, an arterial. · The demand for water/wastewater service of the office complex is projected at 1,480 gallons per day with a solid waste demand of 80 lbs. daily. · Along the rear of the property 56 apartment units are proposed. The apartments are planned as two- story structures with units ranging from 900 to 1,100 square feet. · The proposed apartment development would generate 376 average daily trips along Sandra Lane and Airline Road. · lhe demand for water/wastewater service of the apartment development is projected at gallons per day with a solid waste demand of 498 lbs. daily. North of the subject property, across the drainage ditch, is a "F-R"/SP Farm-Rural District with a Special Permit for a medical facility. Property south, across Sandm Lane, is developed as a landscape/nursery business with outside storage within a "B-.4" General Business Dislrict and "B- 4"/SP General Business District with a Special Permit. To the east is undeveloped "R-lB" One- family Dwelling District property and along the west is "B4" General Business District property developed as a professional office use. Agenda Memorandum September 21, 2004 Case No. 0804-03 (Wiedy Gunawan) Page 2 · The requested "B-I" Neighborhood Business District is inconsistent with the Southside future land use map. The map indicates low<lensity development for the subject property. An "AB" Professional Office District can be supported for the subject property in that it allows for offices and Iow to moderate density residential development. The development plan of the applicant may be achieved in the "AB" Professional Office District, while maintaining low to moderate residential densities and limiting business development in proximity to the residential area. The "AB" Professional Office District serves as a transitional dis~ict between the "B-4" General Business District west of the subject property and the "R-lB" One-family Dwelling District east of the subject property, Alalalicant's Position: The applicant concurs with Planning Commission and SLaWs recommendation. Notification: Of the thirteen notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. One (1) notice was returned in favor from outside the notification area. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Grinning, AICP Assistant Director of Development Services MNG/FGM]er Attachments: 1 ) Zoning Report 2) Planning Comrmssion Minutes 3) Ordinances H:~PLN-DI R~ERMA\WORD~AGENDMEM~2004\0804-03 AGENDAMEMO.DOC CI'TY COUNCIL ZONING REPORT Case No.: 0804-03 Planning Commission Hearing Date: August 11, 2004 ~ '~ !a, Applicant: Wiedy Gunawan  ' Owner: Kenneth McKaney and Carolyn Spanutius · Agent: Joe Garcia ~ ~ ~ Legal Description/Location: Bass Subdiv/sion, Block 29, Lots A & B, located on the north side < ~ of Sandm Lane, approximately 300 feet east of Airline Road. From: "R-lB" One-family Dwelling Dislxict To: "B-I" Neighborhood Business District Area: 3.7 acres Purpose of Request: Office complex and apartment development Zoning Site "R-lB" One-family Dwelling Distzict North "F-R"/SP Farm-Rural District with Special Permit South "B-4" General Business District and "R- 1B" One- family Dwelling District East "R-1B" One-family Dwelling Dis~ct West "B~I" General Business District Existing Land Use Vacant lot and residence Drainage ditch and medical facility Nursery/landscaping business with outside storage Vacant lot Professional engineering office Future Land Use Low-density residential Public/Semi-Public General Commercial Low-density residential General Commercial Area Development Plan: Southside - The future land use map recommends low-density residential on the subject property. The requested "B-I" District is inconsistent with the future land use map. Since a "B4" District is adjacent to the west, an "AB" Dislrict is supported for the subject property that allows for offices and low to moderate density residential development. The District serves as a transitional district between the "B-4" District to the west and the "R-lB" District to the east. An amendment to the future land use map is required with a change of zoning t ' ' o an AB D strmt. Map No.: (J15B) (042033) Zoning Violations: None Zoning Report Case No. 0804-03 (Wiedy Gunawan) Page 2 Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District for the development of an office complex and apartment development on 3.70 acres, per the development plan. The existing residence on the property is planned for removal. Two (2) offices are planned as one-story buildings consisting of 4,000 square feet each, fronting along Sandra Lane. Traffic generated by the office complex is factored at 88 average daily trips (a rmnimal amount of traffic) along Sandra Lane, a local street, and Airline Road, an arterial_ The demand for water/wastewater service of the office complex is projected at 1,480 gallons per day with a solid waste demand of 80 lbs. daily. Along the rear of the property 56 apartment units are proposed. The apartments are planned as two-story smacmres with units ranging from 900 to 1,100 square feet. The proposed apartment development would generate 376 average daily trips along Sandra Lane and Airline Road. The demand for water/wastewater service of the apartment development is projected at gallons per day with a solid waste demand of 498 lbs. daily. North of the subject properly, across the drainage ditch, is a "F-R"/SP Farm-Rural District with a Special Pcmfit for a medical facility. Property south, across Sandra Lane, is developed as a landscape/nursery business with outside storage within a "B-4" General Business District and "B-4'/SP General Business District with a Special Permit. To the east is undeveloped "R-lB" One-family Dwelling District property and along the west is "B-4" General Business District property developed as a professional office use. The requested "B-I" Neighborhood Business District is inconsistent w/th the Southside future land use map. The map indicates low4ensity development for the subject property. An "AB" Professional Office District can be supported for the subject property in that it allows for offices and low to moderate density residential development. The development plan of the applicant may be achieved in the "AB" Professional Office District, while maintaining low to moderate residential densities and limiting business development in proximity to the residential area. The "AB" Professional Office District serves as a transitional district between the "B4" General Business District west of the subject property and the "R-lB' One-family Dwelling District east of the subject properly. Zoning Report Case No. 0804-03 (Wiedy Gunawan) Page 3 Street Type Sandra Lane Local Airline Road Arterial Saratoga Boulevard Arterial Paved Section 28' Bk. to Bk. paved section 120' R.O.W. w/74' Bk. to Bk. paved section 120' R.O.W. w/97' Bk. to Bk. paved section Volume (2001) Not available 3,760 a.d.t. 10,080 a.d.t. The subject properly consists of two platted lots. The applicant concurs with the Staff's recommended "AB" Professional Office District. Denial of the "B-I' Neighborhood Business District, and in lieu, recommend an "AB" Professional Office District. Same as Staff's recommendation. Number of Notices Mailed - 13 Favor - 2 plus 1 from outside the notification area Opposition - 0 (As of September 7, 2004) Attachments: Zoning Map Development Plan H:~PLN-DIR~ERMA\WORD~ZONRPTSL2004XZONING REPORT 081M4)3CCREPORT. DOC H G R-'C FRISP ~ R-lB 2~ D E NORTH Zoning Case No: 0804-03 Development Plan Planmng Commission Minutes August 11, 2004 c. 0g04~3 - Wiedy Gunawan REQUEST: Change of zoning from "R-lB" One-family Dwelling District to '~B-I" Neighborhood Business District, resulting in a change of land use from Iow-density residential to neighborhood business Excerpts from Zoning Report Legal Description/Location: Bass Subdivision, Block 29, Lots A & B, located on the north side of Sandra Lone, approximately 300feet east of Airline Road. Purpose of Request: Office complex and apartment development Area Development Plan: Southside - The future land use map recommend$ Iow-denxity residential on the subject property. The requested "B-I "District is inconsistent with the future l~nd use map. Since a "B-4" District ix adjacent to the west, an "AB" District ix supported for the subjc; ~ property that allows for offices and low to moderate density residential development. The "4 !~ 'ixtrict serves as a tranxitional district between the "B-4" District to the west and the "R-lB" Distt ~ : o ihe east. An amendment to the future land use map ix required with a change of zoning to an "AB" '.rstrict. Staff Recommendation: The applicant concurs with the staff recommended "Ab' Professional Office District. Mrs. Goode Macon provided graphics of the subject property and the surrounding area thc zoning report and tape recording are on file_ She silted that there were 13 notices mailed. Nov, ,, ere received in favor and one in opposition. Chairman Beflanga opened the public hearing. Mr. Joe Garcia, 1519 North Highway 359, representative of the applicant, silted tha~ t~: ,,, licant had a conlract on both of'the lots that was contingent on the zoning being approved. The silo [-I:~ indicated two offices on the front portion of the two lots and they intended to have apartme~ by, ,~: ~'s toward the rear. Hewoutdtikctophaseinthe]~rojeet Theapplicant'sfmancingfsin~lace %~ ' purchase of the property. They are still looking at cost estimates. Mr. Garcia stated that the y , ~ ~y rcqucstcd"B-l"zo.lngwhi~,h wuuldgivcthemaddifionalsignageandmomflexibihty, lh.~-3 ;:7" ,.Athe development would be an attribute to the area. They bopc to sec Sandaa L,mc gi~cn ~,ots~iderat~,* ~ some improvements. It is m dire need of improvements. Mims asked if the applicant concurs w/th "A-B" zoning. Mr. Garcia answered that be d :i oncur with "A-B" zoning The public hearing was closed A motion was made by Mires and seconded by Amsler for denial of the "B-I" NeigbY',o~, ,)d Business district and in lieu, recommend an "A-B" Professional office District. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WIEDY GUNAWAN BY CHANGING THE ZONING MAP IN REFERENCE TO BASS SUBDIVISION, BLOCK 29, LOTS A AND B FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Wiedy Gunawan for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 11, 2004, dudng a meeting of the Planning Commission, and on Tuesday, September 21, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the Cib/Council has deterTnined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. That the Zoning Ordinance of the City of Corpus Chdsti, Texas. is amended by changing the zoning on Bass Subdivision, Block 29, Lots A and B, located on the nodh side of Sandra Lane approximately 300 feet east of Aidine Road. from "R-lB" One-family Dwelling District to "AB" Professional Office District. (G16B)(042033) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. H:~_EG-DIR~JOS EPFI~_ONING~04~0804-03STAFFALTERNATIVE.DOC Page 2 ol~ 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy atlached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of September, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ APPROVED .~-/~ Josep H'~amey/[ / Assistant City Attorney For City Attorney 20O4 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~JOSEPH~ZONING-O4\OSO4-03STAFFALTERNATIVEDOC Page 3 o[3 Corpus Chdsti, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:U_EG-DIRLIOSEPI-EZ. ONING-04~0804-03STAFFALTERNATIVE.DOC 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of a regional park proposal by the Coastal Bend Regional Park Foundation, Inc. The foundation is interested in the development of a regional style park to provide outdoor educational, recreational, and eco-tourism activities. STAFF PRESENTER(S): Name Title/Position Department OUTSIDE PRESENTER(S): Name Title/Position Orqanization Greg Perkes, President, Coastal Bend Regional Park Foundation, Inc. ISSUE: NA BACKGROUND: Coastal Bend Regional Park Foundation, Inc. is working with representatives of numerous organizations from fifteen surrounding counties to fulfill its goals of providing outdoor educational, recreational, and eco-tourism activities for a population in excess of 750,000. REQUIRED COUNCIL ACTION: None Sally C-:-~vlik, Director Park & Recreation Additional Background Exhibits Coastal Bend Regional Park Foundation Presented by Gregory T. Perkes You have to plant a tree to make a forest grow! The Coastal Bend Regional Park Located on the Southside of Corpus Christi Project Overview A regional oasis designed to enhance the recreational and outdoor activities of South Texas 1600 acres of multi-use recreational park, populated with towering trees, native shrubbery and flowering plants, and many recreational sectors to appeal to visitors of every age and interest The CBRPF oversees the acquisition of land, the short and long term planning of the Park, and the maintenance of common areas. Each sector of the park will be leased to tenants who have groups and objectives already in place, such as the Asian Gardens and the Museum District projects. Project Overview The Park is designed and patterned on other famous recreational parks, such as Central Park in New York City and Balboa Park in San Diego, CA. These parks were built specifically for the enjoyment of visitors, from frisbee in the field to jogging tree-lined paths. The Park is not designed as a wildlife refuge nor a botanical garden, although the building of a truly recreational park that is forested will necessitate many plantings and attract fauna indigenous to the area. Main Entrance Enter the Park through a Main Entrance with sculptural fountmns designed by a local, renowned artist and planted, flowenng beds surrounding a tiled pavilion Coastal Bend Regional Park Foundation Headquarters · The CBRPF ~'~- Headquarters Building, _~ will house classrooms, '~ ~ ":' '""':"Park Management I Offices and the Park Gift Shop. The Park's focus is on forestry, botany and zoology. · Foundation Headquarters will also include the Park Ranger station and a First Aid Station Asian Gardens Stroll down a tree-lined path to the Asian Gardens, sitnated on 50 to 75 acres and featuring Asian trees, plants, sculpture and architectural elements representative of the Far East. At this time, this sector of the Park is our highest priority and is being coordinated with the Asian Cultures Museum & Educational Center. Museum District Patterned on the Museum District of Balboa Park in San Diego, some concepts considered are a Museum of Catholic Cultures ~n the Americas and a "Kinney's Landing Village," a smaller version of interactive, historical activities like those of colonial Williamsburg, VA. Equestrian Facility Mount your horse and canter down 20+ miles of trails under a canopy of trees and bordered by the Oso Creek. This sector of the Park includes stables to board your horse, riding lessons and a small arena for a posse area. Kid's Park This green space area includes play equipment, sand boxes and lots of room to run, jump and play, while shaded by leafy, green trees. The Skate Park for our older children who love to roller blade, skate and skateboard guarantees a safe, sports-oriented outlet for our adolescents and teenagers. Golf Course Imagine playing 18 holes on 300 acres shaded with trees, then retiring to the Club House overlooking the fairway. Tent and RV Park Area ~:-..,~ :~ ~r.~-r ,. 0.' :7.~' [~..:. Since ma..ny of our . ,.,~.. ~ ..~ ...- ~. ~,- · ~.~ ~- ~,. ,.,~,~ ' .., : .." ..' ~_. u.~ guests will travel ~' ,~i;~-; ', x ~ ~ .~ ~ ,.re~~ .'-' ~ ' ~' ' . '. '' ~ )~a"~' · " "' '~ ' '~'t"e~ from other pa~s of ~ :i~ ..,-.-': ..... .:... }~ ~;:~:s~" ':~ ~.the Ctcte and count, ,'~- ':.-. to v~s~t the Coastal ~' :"' '~", Bend Regional Park, we have designated an area off the main roadway for RV and Tent camping. Scouting World If you've ever been to a Scouting Jamboree or the I-1F~B Foundation Camp, you are already familiar with Scouting World. This 50 to 75 acre sector of the Park includes cabins with twin dorms, central kitchens and common gathering areas, as well as tent camping sites. The Scouting World sector will include climbing walls, ROPES courses and outdoor skill areas for both boys and girls of all ages. Archery and Arms Sector Adjacent to Scouting World, this heavily forested area is designed for archery and arms enthusiasts and includes an archery range, pistol range, rifle range for target practice and training, and a museum devoted to historical arms and weapons. Hiking and Biking Sector Hike or bike over 20+ miles of trails and stop to rest or p~cmc on grassy fields ~n this sector. A safe and shady place to bike or hike as a family without the dangers of traffic. Zoological Park Y This sector of the Park would initially include a petting zoo, and eventually evolve as a full-fledged zoological park. Animal-oriemed organizations like FFA and 4H will be integral to the success of this area. Research Center The CBRPF enwslons '"~.'-- "'.~'~ ~:.~: ~:} ~tt~ ,-~'" ' a state of the art ";:~'; ...... ..'...4.:'3 ;. < ~:,~. ~'~" -' '-~.;'. ~. ~ , ~, ;: .~.rese~ch center ~ Bom~ com~e ~ NyT~ Cm~rd. T-i de~ Ria~ 06v~ ~ where botanists. zoologists and other related sciences can conduct research seminars and classes Acres of Trees, Water and Green Space ,.' ,~.:~, , .,, .', ',. · The CBRPF envisi.ons a ~ ' ' , world class recreational, multi-use park to be :! ~',. enjoyed by local residents and area visitors alike. With over 200 acres of streams, lakes and bordered by the Oso, the Park's natural environment of heavily forested and green space areas is sure to appeal to all guests. HOw Can You Make The Coastal Bend Regional Park A Reality? Volunteer! Become A Leaseholder! Donate! Be part of a team of proactive citizens working to enhance the landscape and quality of life in South Texas. Making The Park A Reality: Start Up Requirements · Consultant to research/work full time on projects $40,000 · Start-up office supplies 1,000 · Office supplies and expenses 3,500 · Printing, educational materials, publications 12,000 · Office site, furniture, utilities, phone, computer 13,500 · Land acquisition expenses/fees 100,000 · Consultants for Park Planning, contract, legal and/or design 80,000 Total Needed: $250,000 22 CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: September 21,2004 Ordinance abandoning and vacating a 27,082-square foot portion of an undeveloped and unsurfaced 60' wide dedicated public fight-of-way (Seabreeze Drive) extending 451 L.F. north o[ South Padre Island Drive and east of Southbay Ddve, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specil~ed conditions. ISSUE: Urban Engineering, Inc., on behalf ol' Dawn Melancon, Amold Krueger, and the Baptist Foundation of Texas, is requesting the abandonment and vacation o[ Seabreeze Drive to allow [or the future development of a multi-level apartment complex. REQUIRED COUNCIL ACTION: City Charier requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public hearing prior to the vacating and abandonment o[ any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~pment Services Attachments: Exhibit A - Background Ini:ormation Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering, on behalf of Dawn Melancon, Arnold Krueger, and the Baptist Foundation of Texas, is reguesting the abandonment and vacation of a 27,082-square foot portion of an undeveloped and unsurfaced 60' wide dedicated public right-of-way (Seabreeze Ddve) out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex. The undeveloped ROW to be abandoned and vacated is located in a "B-4" General Business District. Seabreeze Ddve extends approximately 451 L.F. north of South Padre Island Ddve and is located approximately 500-feet east of the Southbay Drive street right-of-way, between Southbay Drive and the Cayo Del Oso. The said portion of public right-of-way is being abandoned and vacated due to pubtic interest exl~nguished and to allow for the future consLruction of a mutt-level apartment complex that will be butit over the existing right-of-way. Dr. Guthde and Mrs. Guthrie, adjacent property owners where the undeveloped public right.-of-way dead- ends, are opposed to the abandonment and vacating of the public right-of-way because the closing of [he undeveloped right-of-way would hinder the accessibility to their property and affect the quality of access. City staff met with Dr. and Mrs. Guthde and informed them that they would still be able to have accessibility to their property from two other streets adjacent to their property, Cayo Drive and Seashore Drive. Dr Guthde has access to the remainder of his property that is zoned for apartments, but without Seabreeze Drive, it is less than ideal. If this development proceeds, it makes the rear property less suited to single family development, yet access is limited to local street if Seabreeze Ddve is abandoned. Generally, apartments are placed on collector streets due to density and resulting traffic. The preferred answer would be for alternative access to be provided to the rear A-2 property. That was not an acceptable option to the developer, however, it would resolve the neighborhood concerns of future apartment traffic funneled through a local street. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends approval with secondary means of access provided to rear property. Road cons[ruction costs to be borne equally. Staff also recommends that the Owners pay the fair market value of $ 27,085.00 for the abandonment and vacation of the total 27,082-square foot portion of Seabreeze Ddve street right-of-way. The owner is still in negotiations with the City regarding the conditions of the right.-of-way abandonment. EXHIBIT A AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: There is a tentative meeting scheduled Fdday for the developer to present his altemative road proposal to Dr. & Mrs. Guthde. The Guthde's have not had time to evaluate the information as the information package (consisting of a petition, preliminary cost estimate, letter from TXDOT, and a utility and zoning map) was handed to staff at the outset of the 9-14-04 council meeting. EXHIBIT A - t AN ORDINANCE ABANDONING AND VACATING A 27,082-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY (SEABREEZE DRIVE) EXTENDING 451 L.F. NORTH OF SOUTH PADRE ISLAND DRIVE, OUT OF LOT A, BLOCK 2, AND LOT A, BLOCK 3, SOUTHBAY ADDITION ANNEX; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 27,082-square foot portion of an undeveloped and unsuffaced 60 foot wide dedicated public right-of-way (Seabreeze Ddve) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2 and Lot A, Block 3, Southbay Addith3n Annex, as recorded in Volume 27, Page 61, and Volume 34, Page 82, Map Records Nueces County, Texas, that the owners, Dawn Melancon, Arnold Krueger, and the Baptist Foundation of Texas, (Owners), wish to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, '[TEXAS, THAT: SECTION 1. That the 27,082-square foot po~on of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way (Seabreeze Ddve) extending 451 linear I:eet north of South Padre Island Ddve, out of Lot A, Block 2, and Lot A, Block 3. $outhbay Addition Annex, as recorded in Volume 27, Page 61, and Volume 34, Pag'~ 82, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owners' compliance with the following specified conditions as part of the abandonment and vacation: 1. That payment of the fair market value in the amount of $27,085 be paid for the proposed abandonment and vacation of the public dght-ot'-way. 2. An altemative access is to be provided to the rear A-2 propedT. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property map records of Nueces County. ~,'e~:as, in which the property is located. Pdor to building permit approval of constructi?n, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the n~,~J for immediate action necessary for the efficient and effective administration of City affairs H:~LEG-DIRk.loseph\ORD-Seabreeze-av.doc and (2) suspends the Charter role as to consideration and voting upon ordinances at Iwo regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of September, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph Assistant City Attomey For City Attomey Samuel L. Neal, Jr_ Mayor, The City of Corpus ChdstJ H:'~LEG-DIRUoseph\ORD-Seabreeze-av.doc Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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 ~vo regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:'~LEG-DIR',Joseph\ORD-Seabreeze-av. doc 16.896 Acr~ out o! .3 end 4, Section 30. end~l.o~ 4 end 5. Section $1, Flour Bluff arid Encln=t Ferm and G4=rden Tmcla Vol. A. Pga. 41-43. Mep Records of Nuecea ~. Tex~ (State Highway No. 35§) SaSh Padre Inland D~ EXHIBIT C STREET CLOSURE SEABREEZE DRIVE 23 DATE: TIME: PLACE: 4. 5. 6 7. AGENDA CQRPUS CHRISTI COMMUNITY IMPROVEMENT CQRPORATION ANNUAL MEETING Tuesday, September 21,2004 During the meeting of the City Council beginning at 10 a.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 President Rex Kinnison calls meeting to order Secretary Armando Chapa calls roll Board of Directors Rex A. Kinnison, President Javier Colmenero, Vice President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Mark Scott Jesse Noyola Samuel L. Neal Jr. Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Approval of Minutes of July 20, 2004 Financial Report Revisions to Loan and Grant Rehabilitation Handbook Appointments to Loan Review Committee Public Comment 8. Adjournmen[ MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION JULY 20, 2004 2:55 P.M. PRESENT Board of Directors Javier Colmenero, Vice-President Brent Chesney Melody Cooper Henry Garrett Bill Kelly Samuel L. Neal Jr. Jesse Noyola Mark Scott George K_ Noe, General Manager Armando Chapa, Secretary Cindy O'Brien, Treasurer Constance P Sanchez, Asst_ Treasurer ABSENT Rex A. Kinnison, President Vice President Colmenero called the meeting to order in the Council Chambers of City Hall_ Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the meeting had been properly posted. Vice President Colmenero opened discussion on Item 3, the approval of the minutes of the June 22, 2004 meeting. Mr. Chesney made a motion to accept the minutes as presented, seconded by Mr. Neal, and passed unanimously. Vice President Colmenero then asked for the financial report. Mr_ Noe referred to the combined balance sheets depicting the assets and liabilities for the fund for the ten months ended May 31, 2004. Vice President Colmenero opened discussion on Item 5, the consideration of funding from HOME Program in the amount of $67,320 for installation of hard wire smoke detectors at the TG303, Inc. AKA Casa de Maflana Apartments, 4702 Old Brownsville Road. Mr. Daniel Gallegos with the neighborhood services department reported on February 10, 2004, the CCCIC t~t}~, action on four HOME program proposals that were submitted for funding consideration. He sa~d all tour proposals were approved, with a remaining $90,250 in funding yet to be allocated. The ,,,"~zkend prior to the February 2004 CCCIC meeting, several rental units in the Casa de Maflana al ,:~, ,ments were damaged in a fire. Consequently, he reported TG303, Inc. AKA Casa de Mafiana Apadments was requesting $67,320 for the installation of hard wire smoke detectors. Mr. Ron Anderson, executive director for the Casa de Mafiana Apartments, explained his organization had requested and was granted $300,000 in February for property improvenm~ts ['hey were requesting the additional monies to replace the existing battery-operated smoke detectors with hard wired smoke detectors with a battery back-up to better protect their residents. Mr. Kelly made a motion to approve the funding from the HOME Program in the amount of $67,320 for the installation of hard wire smoke detectors at the TG303, Inc_ AKA Casa de CCCIC meeting minutes July 20, 2004, page 2 Mafiana Apartments, seconded by Ms. Cooper, and passed. Vice President Colmenero called for public comment. There were no comments fi-om the audience_ There being no further business to come before the Corporation, Vice President Colmenero adjourned the meeting at 3:04 p.m. on July 20, 2004. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET 31-Jul-04 ASSETS Cash and investments Due from U S Government/Ot~er Fund Mortgages receivable Accrued interest receivable Account receivable Leasehold improvements (net o[ accumulated amortization) Investment in property (net of accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund Total 1,040,815 216,491 272,471 1,529,777 0 0 434,750 434,750 11,425,739 0 ?,505,801 18,931,540 0 0 0 0 0 0 0 0 185,943 0 0 185,943 181,589 21,047 19,750 222,386 121834,087 2371538 8,232,772 21 ~.3_~,397 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborhood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total fund balance 727,405 0 (1,609) 181,405 0 0 725r796 181T405 908,810 0 (1,609) 907,201 52,446 0 0 133,681 0 0 77,416 0 0 11,425,739 0 7,525,551 0 0 0 235,996 237,538 708,830 ': ,446 ;~1 0 11,925,278 237,538 8,234,381 2u,¢dT,197 Total liabilities and fund balance 121834,087 237,538 8,232,772 . 21,304,397 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE TVVELVE MONTHS ENDED JULY 31, 2004 Conthbution from Federal Govemment Interest on loans Interest on investments Rental income Miscellaneous Expenditures: Grants Warranly Work Communily Development administration Loan processing Acceun6ng services Interest expense Miscellaneous Accumulated amortization- forgivable leans leasehold Improvements Accumulated depreciation - building Tolal expenditures Loan Program Special Project HOME Program Fund Fund Fund Total 0 0 1,701,283 1,701,283 751261 0 16,565 91,826 81169 116 754 9,039 99,159 0 0 99,159 1,542 0 774 2,316 184.,131 116 1,719,376 1,903,622 27,776 0 1,989,305 2,017,082 0 0 0 0 0 0 47,791 47,791 0 0 65,270 85,270 0 0 32,215 32,215 16,758 0 0 16,758 0 0 0 0 51,609 0 13,918 65,527 111,566 0 0 111,566 7,458 0 0 7,458 215,168 0 2,168,499 2,383,668 Excess of revenues over expenditures Other financing sources(uses): Operating transfers in(out): Transfer To HOME Transfer From Loan Program Total other financing sources(uses) Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1,2003 Fund balances at July 31, 2004 (31,037) 116 (449,123) (480,046) (433,750) 0 (433,750) 0 0 433,750 433,750 (433,750) 0 433,750 0 (464,787) 116 (15,373) (480,044) 12,390,065 237,422 8,249,754 20,877,241 !1,925,278 237,538 8~,~ 20~397,197 Footnote: HOME contributed $433,750 as needed match funds for the Merced Housing Project. The Loan Program Fund had previously held the funds in reserve until HOME had incurred the cosL TO: FROM: DATE: SUBJECT: Memorandum Board Members of the Corpus Chdsti Community Improvement Corporation George K. Noe, General Manager September 14, 2004 Request for Annual Meeting of the Corpus Christi Community Improvement Corporation (CCClC) on September 21, 2004 I am requesting that the annual meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held dudng the Council meeting of September 21, 2004 to consider the following items: Revisions to Loan and Grant Rehabilitation Handbook: The Loan and Grant Rehabiliation Handbook is periodically reviewe_d to provide the Rehabilitation Program with a handbook that is both current and clarifies current procedures to be~ter implement the programs. Many revisions are minor procedural or operational in nature and are being proposed in order to clarify, but do not change the intent or meaning. Policy changes are considered major and as such are presented in the "Summary of Major Changes" attachment for action by the Board. We are requesting approval of revisions to the Loan and Grant Rehabilitation Handbook that includes revising, adding, and deleting chapters in the handbook. Amending the Handbook requires CCCIC action and approval. Appointments to Loan Review Committee: The Loan Review Committee members are appointed by the CCCIC and are responsible for reviewing and approving loan applications. The Committee is composed of eleven (11) members appointed to staggered terms. The Committee is composed of five (5) members from the following professions: legal, real estate, contractor/homebuilder, architect, engineer, and residential home designer. The remaining six (6) members shall be two from financial institutions, one from health and human services, and three from the community at large. Currently, the Loan Review Committee has two vacant positions that need to be filled; one member from financial and one member from health and human services. Additionally, Mr. Barry Lobell is up for reappointment and is requesting to be reappointed to the Committee. SUMMARY OF MAJOR CHANGES TO 2004 LOAN AND GRANT REHABILITATION HANDBOOK SUMMARY OF CHANGES There are several incidental revisions to the handbook that are being made just for clarification purposes but the intent and meaning did not change. In reviewing the handbook, items that are being deleted will have a strikeout line through the word or words and the new word will be in bold print. Major revisions to the handbook are listed below for quick reference and staff recommends the proposed changes be approved. The underlined word or words in the proposed section indicate where the revision is being made. 1. Page 16 Chapter 3 Eligibility Requirements Current: Paragraph 7 Loans will not be made to individuals, households or for housing units which have previously received a rehabilitation loan in excess of $20,000 within the last fifteen years. An Emergency Repair Grants will not be considered rehabilitation loans for this purpose. (1/16/86) Proposed: Loans will not be made to households which have previously received a rehabilitation loan within the last fifteen years that were in excess of $20,000. An Emergency Repair Grants will not be considered rehabilitation loans for this purpose. Reason: This is to clarify how many times a household may apply for a rehabilitation loan and eliminates the one-time rehabilitation of a unit. There have been ,nstances where a unit has been previously rehabilitated but now has a different uwner. As presently written the program does not allow us to provide a loan to these individuals or households that previously received a loan or units that were previously rehabilitated through the program. 2. Page 19 Chapter 5 LIMITATIONS ON AMOUNT OF LOAN Current: Paragraph (a) $30,000 per dwelling unit. ($35,000 for loans involving refinancing of existing mortgage.) Loan limits for demolition replacement units shall be set at a maximum of $35,000, which may or may not involve refinancing of existing mortgage. Proposed: Change to loan limits as follows: $40,000 per dwellinq unit involvinq rehabilitation includinq reflnancinq. $55,000 per two bedroom dwellinq unit involvinq demolition and replacement. $65,000 per three bedroom dwellinq unit involvinq demolition and replacement. $70,000 per four bedroom dwellinq unit involvinq demolition and replacement. Reason: Construction costs have increased over the years we are making an adjustment to the loan amounts. Currently we are unable to provide loans to construct 3 or 4 bedroom homes. Because ot the current loan limits a homeowner who needs a 3 or4 bedroom house must come up with their own funds to make up the difference. Many times these families are unable to come up with the required funds and we are then unable to assist them. 3. Page 39 Chapter 14 Current: Paragraph 10 (a) and (b) a. Should the Owner and Contractor be unable to resolve a dispute both parties agree to submit to dispute resolution through the Nueces County Dispute Resolution Center/Mediation. NSD will pay the application fee and as such will determine when disputes will be referred to the Dispute Resolution Center for mediation. Copy of any documents related to the case shall be provided to NSD for its files, regardless of full or partial resolution. Neither party is required to be represented by an attorney. If either party selects to obtain an attorney, the cost incurred will be their responsibility. b. Any disputes arising out of this contract which are not resolved at Dispute Resolution will be mediated by Community Development. If dispute is resolved NSD will obtain an agreement signed by both parties. Proposed: a. As a prerequisite to filing a lawsuit, or prematurely ending this contract, the Owner and Contractor agree to first submit all disputes to non-binding mediation with the Nueces County Dispute Resolution Center. An NSD supervisor's attendance, as a non-party, at the mediation session is required for assistance with the mediation process and for providing copies of any necessary documents. A copy of any mediated settlement agreement, signed by the Owner and Contractor, must be provided to NSD for inclusion in the file. Reason: This removes the City from the business of mediating a private contract between the Owner and Contractor. 4. Page 51 Chapter 22 Demolition and Replacement Housing Program Current: Paragraph 1 General This program is designed to execute the demolition of dilapidated or substandard owner-occupied units unsuitable for rehabilitation, and also to provide 2 for suitable replacement units that are decent, safe, and sanitary. The program is based on a non-acquisition activity and new single-family unit replacement as prescribed under 24 CFR, Part 570, Community Development Block Grants, Subpart K, "Other Program Requirements," and Section 570.606. The assistance is initiated at the request of the recipients and requires their signing of a voluntary demolition contract. The City, in return, provides assistance in the form of a grant, the proceeds which may be used to provide temporary relocation payments; and a loan to provide the necessary funds to develop the replacement unit. The contractor for such construction will be chosen by the owner after the appropriate bidding process has been accomplished. Proposed: General This program is designed to execute the demolition of dilapidated or substandard owner-occupied units unsuitable for rehabilitation, and also to provide for suitable replacement units that are decent, safe and sanitary. The program is based on a non-acquisition activity and new single -family unit replacement as prescribed under 24 CFR, Part 570, Community Development Block Grarlts, Subpart K, "Other Program Requirements," and Section 570.606. The assistance is initiated at the request of the recipients and requires their signing of a voluntary demolition contract. The assistance is initiated at the request of the recipients and requires their signing of a voluntary demolition contract. The City, ~n return, provides assistance in the form of a grant, the proceeds which may be dsed to provide temporary relocation payments; and a loan to provide the necessary funds to develop the replacement unit. Relocation assistance is provided to the homeowner in the form of a qrant. The relocation qrant is estimated to ranqe [rom $3,000 to $7,000 with an occasional relocation qrant exceedinq this amount The contractor for such construction will be chosen by the owner after the appropriate bidding process has been accomplished. Reason: We are restating the language in this section to clarify the amount of the relocation grant. The original handbook never listed a relocation grant a,qount but in practice total relocation costs were averaging $2,000 per homeown~r. Rents have got up over the years and an adjustment needs to be made. We anticipate relocation costs to range from $3,000 to $7,000 with an occasional relocation grant exceeding this amount. We are recommending a range of $3,000 to $7,000 in order to provide a workable range. 5. Page 60 Chapter 28 CCCIC Rental Rehabilitation Loan Program Current: Paragraph 5 The rental rehabilitation loan amounts used for any project may not exceed the maximum of the following dollar amounts for dwelling units. There will be a 2 to 1 dollar match. a. $10,000 per unit on projects involving 10 or less units. The maximum loan amount is $100,000. b. $5,000 per unit for projects involving more than ten units and total subsidy cannot exceed $100,000. c. Priority will be given to projects that will provide the most benefit and that have a substantial inject of funds from the owner/investor. Proposed: The rental rehabilitation loan amounts used for any project may not exceed the maximum of the following dollar amounts for dwelling units. a. $10,000 per unit on projects involving 10 or less units. The maximum loan amount is $100,000. b. $5,000 per unit for projects involving more than ten units and total subsidy cannot exceed $100,000. c. Priodty will be given to projects that will provide the most benefit and that have a substantial inject of funds from the owner/investor. Reason: Eliminating the match requirement from the program all together will remove a barrier that currently causes some projects to fall out due to the applicant being unable to secure the match funds. 6. INSERT New chapter "American Dream Down Payment Initiative Program". This is a new program created by HUD that is designed to expand homeownership by assisting first time homebuyers with the purchase of a home. The program allows assistance up to $10,000 or six percent of the purchase price whichever is greater for down payment, closing costs and rehabilitation. Total program funds used for rehabilitation cannot exceed 20 percent of the total grant received by the city. Under this program the homebuyer may not have owned a home within the last three years. Council approved $5,000 in the form of a forgivable loan for down payment and closing cost only. (8-17-04) 7. DELETE The following chapters will be deleted [rom the Handbook. - Chapter 20 Paving Assessment Grant Program HUD has determined that on street projects funded with CDBG funds the City should not be assessing the homeowners. This program provided a grant to the homeowner to help them pay their assessment. Based on HUD's determination staff recommends terminating the program and removing this chapter from the handbook. 4 - Chapter 26 HOME Tenant Assistance Program This program provided up to 24 months of rental assistance to Iow income tenants, who were experiencing financial problems, due to circumstances beyond their control, such as job lost or major medical problems. The intent of this HUD program was to keep the household in place and prevent the household from becoming homeless. The program was based on the premise that a household should be able to recover financially within the 24 month period. A previous Council voted not to fund this program because they believed this was the Housing Authodty's function. There has never been official action taken terminating this program and removing from the handbook. Staff recommends terminating the program and removing it from the handbook. - Chapter 29 HOME FIRST TIME HOMEBUYER MCC PROGRAM This program was created to work in conjunction with the Mortgage Credit Certificate Program and the Single Family Revenue Bond Program. Under this program a homebuyer would be assisted with a $1,000 forgivable loan. This program was designed in a manner whereby the homebuyer receiving assistance through this program could not be assisted through our $3,000 Homebuyer Assistance program. This was not helping homebuyers so a change was made to allow them to take advantage of the Mortgage Credit Certificate Program and the $3,000 Homebuyer Assistance Program. Because of this change this chapter is now obsolete and staff recommends eliminating the program and removing form the handbook. Renumbering of handbook chapters will occur due to the elimination of the aforementioned chapters from the handbook. If approved the effective date for the implementation of these revisions shall be October 1, 2004. HNDBKrevisions043rd 5 CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE Three (3) vacancies with tl-Lree-ycar tcm~s to 5-07-07 representing the following categories: 1 Financial Institution, I Community at Large, I - Health/Human Services. DUTIES: Review and approve loan applications submitted th.rough the various loan programs in accordance with the Rehabilitation Loan Handbook_ COMPOSITION: Eleven (11) members - serving staggered terms as follows: five (5) for three- year terms; three (3) for two-year terms; three (3) for one-year terms. The committee shall be composed of the following representatives: 4 - members fi.om the following professions: legal, real estate agency, general contractor/ remodelor/h omebuilder, architect, e ngineer, residential home designer; 2 - financial institutions; I - member individually employed in the delivery of Health and Human Services; and 4 - commtmity at large_ Appointments to be made by the Board of Directors of CCCIC (City Council). Members'must comply wtth the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one-year term MEMBERS TERMS Alice Vaughan (Real Estate), Chairperson 5-07-06 Ben Grande (Commun/ty at Large), Vice-Chair 5-07-06 Raul Torres (Community at Large) 5-07-05 *David Barganski (Financial Inst.) 5-07-04 Alynda Asher (Real Estate) 5-07-06 David Cantu (Community at Large) 5-07-05 **Barry Lobell (Community at Large) 5-07-04 ***Andrea Walter (Health/Haman) 5-07-04 Daniel Suckley (Financial Inst ) 5-07-05 Jesus A. Leija (Architect) 5-07-06 Caroline Stahl (Realtor) 5-07-06 ORIGINAL APPTD. DATE 3-16-93 5-24-94 7-10-01 7-10-01 7-27-93 5-12-98 5-12-98 7-10-01 5-12-98 2-10-04 6-20-95 *Not seeking reappointrnent **Seeking reappoinlment ***Resigned (Note: The C CCIC/Loan Review Committee is recommending t he r eappointm ent o f B arry L obell (Community at Large). The Committee is also recommending realigning David Cantu with First Commerce Bank who is currently in the Community at Large to fill the position of Financial Institution vacated by David BarganskL If the Council approves the realignment, the Council will need to appoint one additional Community at Large representative) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Barry Lobell (Comm. at Large) 7 7 % OF ATTENDANCE LAST TERM YEAR 100% OTHER INDIVIDUALS EXPRESSING INTEREST Gerald W. Brown, Sr. Vice President, RSI & Associates. Received degrees in Economics and Finance in North Virginia. Activities include: Institute of Business Appraisers, National Center for Employee Ownership and the Corpus Christi Chamber of Commerce. (Community at Large) (4-28-04) Sylvia Ford Director-Commtmity Development, Frost National Bank. Activities include: Corpus Christi Community Development Corporation, Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries, Goodwill Industries a~d Business Resource Center Steering Committee. (Financial Institution or Community at Large) (4-14-04) Coretta Graham Assistant District Attorney, Nueces County District Attorney's Office. Received her Juns Doctorate and deals with juvenile and family law Activities include: Nueces County Commumty Action Agency and the Corpus Christi Young Lawyers Association. (Community at Large) (3- 09-04) Yvonne Mendez Owner, Advantage Realty Attended college for various courses for Real Estate Brokerage and Management in Mortgage Brokerage Administration. Activities ,nclude: Local, State and National Realtors Associati,ms ,md Affordable Housing Committee for the Corpus Christi Board of Realtors. (Realtor or Community at Large)(4- 20-04) Dale M_ Pittman President/CEO, Construction Assistance. Received certificates in Real Estate and Coustmction Inspection Work. Member of the Texas Residential ICF qtatewide and Local Committee, Associated General Contraclors and the Associated Building Contractors. (Community at Large) (5-03-04) janne Pyle V~ce President, Pyle and Associates. Received B.S in Civil Engineering fi.om Oklahoma State University. Acti, ities include: Boy Scout Venture Troop Advisor, Soul~side Rotary Club, After Hours Quilters, Leadershii: Corpus Christi and Texas Society of Professional Surveyors. (Engineer or Community at Large) (8-09-04) Judy Telge Peggy Shirley Clark Smith O. Wayne Watkins Executive Director, Accessible Comrmmities Inc. Received a Bachelor's in Education fi-om Keene State College and University of New Hampshire. Activities include: National Academy of Care Managers, Regional leaders Forum of South Texas, CLASS Program Statewide Provider Task Force, Coastal Bend Housing Coalition and the American Society on Aging. (10-29-03) (Health/Human Services or Community at large) Broker/Owner, Century 21 Island Estates. Attended Del Mar College and Texas A & M Uifiversity for advanced Real Estate t.mining. Voluntecxs at various activities at Flour Bluff Independent School District in sports and academics. Eounding member of the Seashore Learning Center - Charter School. (Realtor or Community at Large) (1-29-04) Broker, The Village Realty. Received B.A. from Baylor University. Attended CCSU and Del Mar for Continuing Education in Computer Science and Real Estate. (Realtor or Community at Large) (2-02-04) Self-employed, Architect_ Attended Mercer College, Army Command and General Staff College. Licensed Architect for the State of Texas. (Architect or Community at Large) (2-02-04)