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HomeMy WebLinkAboutAgenda Packet City Council - 01/11/2005 CITY COUNCIL AGENDA JANUARY 11,2005 Corpus Christi ***** All-America CiIV 11 :45 A.M. - Book Drive kick-off to collect books for the Half-Pint Library located in Driscoll Children's Hospital Recognition of City Employees' efforts during the December 24-25, 2004 snow event "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 11, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) 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 Pastor Buddy Murphrey, Southcrest Baptist Church. 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 Bill Kelly Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett 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 December 21, 2004. (Attachment #1) Agenda Regular Council Meeting January 11, 2005 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 rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 2.a. Motion to amend prior to Second Reading the Ordinance amending Sec. 23-74, Smoking Prohibitions, by revising the language in Sec. 23-74(b) by inserting a reference to existing subsection (2) of Sec. 23-74(b) followed by an ellipsis; inserting a reference to existing subsection (4) of Sec. 23-74(b); deleting the subsection heading, entitled "Bowling lanes" from Sec. 23- 7 4(b )(4) and replacing it with the subsection heading "Billiard halls and bowling alleys;" and inserting the words "to billiard halls and" between "apply" and "to" in Sec. 23-74(b)(4). (Attachment #2) 2.b. Second Reading Ordinance - Amending the Code of Ordinances, Section 23-74, Smoking Prohibitions, Subsection (b)(1 )(e), by revising the language; amending Subsection (b )(4) by revising the language; and establishing an effective date. (First Reading 12/14/04) (Attachment #2) 3. Motion to amend the 2004-2005 City of Corpus Christi Legislative Program by amending Section XII Efficient Administration by adding a new Section h, under Actively Support to read as follows: (Attachment #3) H. CONSOLIDATION OF LOCAL GOVERNMENTAL FUNCTIONS AND ACTIVITIES: The City supports the consolidation of local govemmental functions where possible and the joint provision of local governmental CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 3 services through the maximum use of interiocal contracts for service provision where possible, both with the goal of reducing governmental cost and providing governmental services in the most efficient manner possible. and renumber the following section accordingly. 4.a. Ordinance authorizing the City Manager or his designee to execute a Short Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and percentage rent, commencing upon the later of the date of award by the City Councilor February 1, 2005 for a period not to exceed one year. (Attachment #4) 4.b. First Reading Ordinance - Authorizing the City Manager or his designee to execute a Long-Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and a percentage rent for a term of ten years with a five year option to renew upon agreed terms. (Attachment #4) 5. Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $3,009,625 for the LindalelChenoweth Subdivision Drainage Improvements, Phase 1 Part "A" for the Base Bid and Additive Alternate NO.1. (Attachment #5) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 4 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) 6. Motion approving the allocation of $70,500 from the Hotel Occupancy Tax Fund and $22,000 from the General Fund to fund grant contracts with 17 arts and cultural organizations. Funding is authorized in the FY 2004-2005 budget. (Attachment #6) 7. Ordinance appropriating $316,400 (from a Local Transportation Project Advanced Funding Agreement grant from the Texas Department of Transportation) in the No. 1071 Community Enrichment Fund to provide funding for the Bay Trail Phase 3 project; by increasing appropriations by $316,400. (Attachment #7) 8. Motion authorizing the City Manager or his designee to execute Amendment No.1 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Christi, Texas in the amount of $227,831 for a total restated fee of $292,041 for the Southmoreland Addition Area Street Improvements, Phases 3B and 4B. (Attachment #8) 9.a. Motion authorizing the City Manager or his designee to execute an engineering services contract with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in an amount not to exceed $160,000 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. (Attachment #9) 9.b. Motion authorizing the City Manager or his designee to execute a materials testing, laboratory services and liner construction documentation contract with Trinity EngineeringlKleinfelder in an amount not to exceed $90,773 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. (Attachment #9) 10. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an Engineering Services Contract with IMDC, Inc., of Miami, Florida in an amount not to exceed $24,988 for a restated fee of $41,529 for the Corpus Christi International Airport Runway 13-31 Lighting and Cable Replacement project. (Attachment #10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 5 11. Motion authorizing the City Manager or his designee to execute Amendment NO.1 to the Contract for Professional Services with HDR Engineering, Inc., of Corpus Christi, Texas in the amount of $433,234, for a total restated fee of $458,207 for the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: (Attachment #11) * Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 Concrete Lined Channel Rehabilitation: Carroll West Concrete Lined Channel Rehabilitation: Airport, Phase 2 Concrete Lined Channel Rehabilitation: Flynn Shea Bridge Rehabilitation: Kingsbury Drive Bridge Rehabilitation: Lexington Road Drainage Channel Excavation: Saratoga Boulevard Bridge * * * * * * 12. Motion authorizing the City Manager or his designee to execute Change Order No. 11 with Moorhouse/Beecroft, Joint Venture, LLC, of Corpus Christi, Texas for the Convention Center Expansion and Rehabilitation in the amount of $388,749 for various architectural, electrical, mechanical, structural and other modifications. (Attachment #12) 13. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, of Corpus Christi, Texas in the amount of $196,000 for construction inspection services on the Downtown Drainage Improvements Project as follows: (Attachment #13) * Phase 1 - Project "A" Water Street New Interceptors and Inlets Phase 1 - Project "B" Kinney Street Pump Station Phase 2 - Agnes Street Box Culvert and Diversion Lines * * 14. Motion authorizing the City Manager or his designee to execute a construction phase engineering services contract for corrosion protection with V & A Consulting Engineers, Inc., of Oakland, California in an amount not to exceed $49,900 for the Souths ide Water Transmission Main Phase 4 and 4A project. (Attachment #14) 15. Motion authorizing the City Manager or his designee to execute Change Order No. 14 (Entrance Roadway) with Bay, Ltd, of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 6 Corpus Christi, Texas in the amount of $130,000 for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 2. (Attachment #15) 16. Motion authorizing the City Manager or his designee to execute Change Order No. 1 with the Construction Manager at Risk Contract with FultonlCoastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $331,409 for installation of a 36-inch Storm Water Main from Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935 for construction for the Professional Minor League Baseball Stadium. (Attachment #16) 17. Ordinance authorizing the resale of one property located at 1025 Green Bay which was foreclosed upon for failure to pay ad valorem taxes, for $3,650. (Attachment #17) J. PUBLIC HEARINGS: ZONING CASES: 18. Case No. 1104-02. Citv of Corpus Christi Landmark Commission. Johann Collins: A change of zoning from a "B-5" Primary Business District to a "B-5" with HC-IV Primary Business District with Historical-Cultural Landmark Classification, resulting in a land use change from primary business to primary business with landmark preservation. The property is in the Beach Addition, Block 44, Lot 6, located on the southwest corner of Chaparral Street and Palo Alto Street. (Attachment #18) Plannina Commission and Staffs Recommendation: Approval of the "B-5" with HC-IV Primary Business District with Historical- Cultural Landmark Classification. ORDINANCE Amending the Zoning Ordinance, upon application by the City of Corpus Christi Landmark Commission and Johann Collins by changing the zoning map in reference to Beach Addition, Block 44, Lot 6, from "B-5" Primary Business District to "B-5" with "HC"- IV Primary Business District with Historical-Cultural Landmark CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 7 Preservation; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 19. Case No. 1204-01. Bav Breeze Develooment Co.. L.P. : A change of zoning from a "F-R" Farm-Rural District to a "R-1C" One-family Dwelling District, resulting in a land use change from agricultural to low density residential. The property is 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, located south of Holly Road and 3/4 mile east of Rodd Field Road. (Attachment #19) Plan nino Commission and Staffs Recommendation: Approval of the "R-1C" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Bay Breeze Development Company, L.P., by changing the zoning map in reference to 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, from "F-R" Farm Rural Districtto "R-1 C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 20. Case No. 1204-02. Mav Develooment. L.P.: A change of zoning from an"A-1" Apartment House District to a "B-4" General Business District, resulting in a land use change from medium density residential to general business. The property is located east of Lexington Road and 400 feet south of South Padre Island Drive. (Attachment #20) Plan nino Commission and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by May Development, L.P., by changing the zoning map in reference to 1.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, from "A-1" Apartment House District CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 8 to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 21. Case No. 1204-03. Colson & Colson Construction Comoanv; A change of zoning from a "R-1 B" One-family Dwelling District to a "R-2" Multiple Dwelling District, resulting in a land use change from low density residential to medium density residential. The property is located north of Lipes Boulevard and 400 feet west of South Staples Street. (Attachment #21) Plannina Commission and Staff's Recommendation: Approval of the "R-2" Multiple Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Colson and Colson Construction Company, by changing the zoning map in reference to 15.71 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 5, Lots 25 and 26, from "R-1 B" One- family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 22. Case No. 1204-04. Aman Ullah: A change of zoning from an "1-2" Light Industrial District to a "B-4" General Business District, resulting in a land use change from light industrial use to general business uses. The property is located along the northeast section of Crosstown Expressway and South Padre Island Drive. (Attachment #22) Plannina Commission and Staff's Recommendation; Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Aman Ullah, by changing the zoning map in reference to Behmann Subdivision, Block 2, Lot 4A, from "1-2" Light Industrial District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11 , 2005 Page 9 23. Case No. 1204-05. City of Corpus Christi; A change of zoning from a "B-2" Bayfront Business District to a "B-5" Primary Business District, resulting in a land use change from bayfront business to primary business. The property is in the Beach Addition, in the north half of Blocks 72, 81 and 91, located west of Shoreline Boulevard and north of Resaca Street. (Attachment #23) Plannina Commission and Staffs Recommendation: Approval of the "B-5" Primary Business District. ORDINANCE Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the zoning map in reference to Beach Addition, being the north half of Blocks 72, 81, and 91, from "B-2" Bayfront Business District to "B-5" Primary Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. K. PRESENTATIONS: (NONE) Public comment will not be solicited on Presentation items. (RECESS REGULAR COUNCIL MEETING) L. MEETING OF CITY CORPORATION: (Attachment #24) 24. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION SPECIAL MEETING DATE: Tuesday, January 11, 2005 TIME: During the meeting of the City Council beginning at 10:00 a.m. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 10 PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Rex Kinnison calls meeting to order. 2. 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, Ass!. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Ass!. Treasurer 3. Approval of minutes from the September 21, 2004 meeting. 4. Financial Report. 5. Amend current contract with the Community Development Corporation (CDC) to incorporate FY 2003 and FY 2004 HOME Program funding. 6. Public Comment 7. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T 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 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 11 or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 25. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-04-110, Bobby Wayne Ballard vs. City of Corpus Christi, et ai, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. 26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et ai, in the District Court of Nueces County, Texas, 28 th Judicial District, with possible discussion and action related thereto in open session. 27. Executive session under Texas Government Code Section 551.074 for deliberations regarding the duties of Municipal Court Judges and the appointment of full time andlor part time municipal court judges with possible discussion action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 11, 2005 Page 12 O. 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. 28. CITY MANAGER'S REPORT * Upcoming Items 29. MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to I City Hall, 1201 Leopard Street, at I: e, 0 p.m., ..... t1nl.ta.r\.1 7 ,2005. I (1 tLJY\ar'(i{) ~ ~pU Armando Chapa M.....-- City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 21,2004 - 10:05 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Jesse Noyola Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Bill Kelly Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Council Member Rex Kinnison Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Shane Kinnison of the Parkdale Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. City Secretary Chapa called the roll and verified thatthe necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of December 14, 2004. A motion was made and passed to approve the minutes as presented. ************* Mayor Neal called for consideration of the consent agenda (Items 2-22). City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and discussion on Items 21 and 22, and Mr. Scott was abstaining from the vote and discussion on Item 14. Mr. Bill Kopecky, 4609 Topeka, requested that Item 17 be discussed. Council members requested that Item 2 be discussed. A motion was made and passed to approve Items 2 through 22, constituting the consent agenda, except for Items 2 and 17, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows; Minutes - Regular Council Meeting December 21, 2004 - Page 2 3. MOTION NO. 2004-458 Motion approving a supply agreement for the lease of an office trailer with GE Capital, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0039-05 based on only bid for an estimated first year expenditure of$37,686.60 of which $33,572 is budgeted for FY 2004-2005. The term of the lease is for twelve months with an option to extend the lease for up to four additional twelve month periods subject to the approval of the City Manager or his designee. The trailer will be used by the Wastewater and Water Departments. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 4.a. RESOLUTION NO. 026076 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission of the Arts in the amount of$2,500 in the No. 1067 Park and Recreation Grants Fund to be used for the Corpus Christi Festival of the Arts 2005. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 4.b. ORDINANCE NO. 026077 Ordinance appropriating a grant from the Texas Commission of the Arts in the amount of $2,500 in the No. 1067 Park and Recreation Grants Fund for the Corpus Christi Festival of the Arts 2005. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 5.a. RESOLUTION NO. 026078 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health in the amount of $1 0,000 for the Coordinated Community Approach to Promote Wellness (CCAPWell) Consortium for University of Texas at Austin staff to review and evaluate a community survey data concerning nutrition aspects of obesity health problems. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 3 5.b. ORDINANCE NO. 026079 Ordinance appropriating a grant in the amount of $10,000 from the Texas Department of Health in the No. 1067 Park and Recreation Grants Fund for the Coordinated Community Approach to Promote Wellness (CCAPWell) Consortium for University of Texas at Austin staff to review and evaluate community survey data concerning nutrition aspects of obesity health problems. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 6.a. RESOLUTION NO. 026080 Resolution authorizing the City Manager or his designee to accept an amendment to the current Immunization grant from the Texas Department of State Health Services (DSHS) in the amount of $96,233 for personnel costs, fringe benefits, travel, and supplies for an immunization program. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 6.b. ORDINANCE NO. 026081 Ordinance appropriating an amended grant from the Texas Department of State Health Services in the amount of$96,233 in the No. 1066 Health Grants Fund for personnel costs, fringe benefits, travel, and supplies for the immunization program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 7. MOTION NO. 2004-459 Motion authorizing the City Manager or his designee to execute Amendment No. 10 for engineering services with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $222,000 for design phase services for the Cefe F. Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 4 8. MOTION NO. 2004-460 Motion authorizing the City Manager or his designee to execute Amendment No. 17 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc. of Corpus Christi, Texas in the amount of$67,500 for the Major Storm Water Outfalls. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 9. MOTION NO. 2004-461 Motion authorizing the City Manager or his designee to execute Change Order No.6 with King Isles, Inc., of Corpus Christi, Texas in the amount of$167,714.69 for twenty-seven (27) additional manholes as part of the Broadway SSO-I/I and Rehabilitation Stage 2 project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 10. MOTION NO. 2004-462 Motion authorizing the City Manager or his designee to execute Change Order No.3 to the construction contract with Specialized Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of$818, 146 for the rehabilitation of the existing 1 O-inch diameter cast iron sanitary sewer line under State Highway 286 Crosstown Expressway at Segrest Street and an existing lO-inch diameter cast iron sanitary sewer line under IH 37 at Savage Lane. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. II. MOTION NO. 2004-463 Motion authorizing the City Manager or his designee to execute Change Order No.8 with Laughlin-Thyssen, Inc., of Houston, Texas, in the amount of $139,612.26 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 11 (Filter Drain, Yard Piping, Wash Water Filter to Waste) Project and Padre Island Pump Station Improvements. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 5 12. MOTION NO. 2004-464 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P., also known as COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738 containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. B.a. ORDINANCE NO. 026082 Ordinance authorizing the City Manager or his designee to execute Land Exchange Deeds with the Coastal Bend Bays and Estuaries Program, Inc. (CBBEP) for the exchange of tracts ofland as part of the Rincon Bayou Diversion Pipeline Project (#8416). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. B.b. MOTION NO. 2004-465 Motion authorizing the City Manager or his designee to pay the amount of$69,63 1.90 to the Coastal Bend Bays and Estuaries Program, Inc. (CBBEP), being the difference in value of the acreage and associated costs of acquisition for 64.277 acres owned by the CBBEP which are to be exchanged for 47.3 7 acres owned by the City of Corpus Christi as part of the Rincon Bayou Diversion Pipeline Project (#8416). The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. B.c. RESOLUTION NO. 026083 Resolution authorizing the City Manager or his designee to execute a Management Agreement with the Coastal Bend Bays and Estuaries Program, Inc. for management of property in connection with the Rincon Bayou Diversion Pipeline Project (#8416). The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 6 14.a. MOTION NO. 2004-466 Motion authorizing the City Manager or his designee to execute a joint acquisition agreement with the Coastal Bend Bays and Estuaries Program to purchase 77.707 acres from Carr Ranches, Limited, et ai, in the acquisition amount of$485,300 with the Coastal Bend Bays and Estuaries Program providing $288,752, the City providing $114,302.50 (including $3,054.50 of closing costs) and the Carr family donating $85,300 in land value. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Kinnison was absent; Scott abstained. 14.b. RESOLUTION NO. 026084 Resolution authorizing the acquisition of 33.515 acres of land from the Carr Ranches, Limited, et ai, in the amount of $208,000 utilizing funds from a Coastal Impact Assistance Program Grant through the Coastal Coordination Council. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Noyola, voting "Aye"; Kinnison was absent; Scott abstained. 15. MOTION NO. 2004-467 Motion authorizing the City Manager or his designee to amend the scope of work for the FY 2002 Community Development Block Grant Southmoreland Addition Area Street Improvement Phase 3B and 4B project and FY 2003 Community Development Block Grant Southmoreland Addition Area Street Improvements Phase 3B project. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 16. MOTION NO. 2004-468 Motion authorizing the City Manager or his designee to execute a twelve-month software maintenance agreement with Infosol, Inc., of Bellaire, Texas in an amount not to exceed $41,299.05. Included in this agreement is maintenance and support for the CourtHouse software currently being utilized by the Municipal Court. This vendor qualifies as sole source support as they are the only vendor providing support for the City's Municipal Court application CourtHouse, past June 30, 2006. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Minutes - Regular Council Meeting December 21, 2004 - Page 7 18. ORDINANCE NO. 026086 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Country Creek Partners, Inc., developer of Country Creek Unit 6, for two separate bridge structures (A) on County Road 41 and (B) on South Oso Parkway, both approximately 300 linear feet north of South Staples, in accordance with the Platting Ordinance, of which the City's share of costs shall not exceed $215,031.83. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 19. ORDINANCE NO. 026087 Ordinance abandoning and vacating a 4,447 square-foot portion of a IO-foot wide utility easement out of Lots 19 thru 24, Block 5, Saxet Heights No.2 and Lot 1, Saxet Community Center Annex "A"; requiring the owner, Corpus Christi Independent School District, to comply with the specified conditions and owner requesting an extension to replat within 180 days at owners expense. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 20. ORDINANCE NO. 026088 Ordinance abandoning and vacating a 2,725-square foot portion of a 10-foot wide utility easement out of Lot 3, Block 1, Country Creek Unit 2; requiring the owner, Mr. Shane Gray, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 21. MOTION NO. 2004-470 Motion authorizing the City Manager or his designee to sign an agreement with the Corpus Christi Regional Economic Development Corporation (CCREDC) for Airport Business Development Services. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola abstained. Minutes - Regular Council Meeting December 21, 2004 - Page 8 22. FIRST READING ORDINANCE Authorizing the City Manager or his designee to amend the Long Term Lease Agreement with Host International, Inc., to provide for a storage area within the cargo facility at Corpus Christi International Airport at a rental rate which may change each fiscal year in accordance with airline rates and charges. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola abstained. Mayor Neal opened discussion on Item 2 regarding a supply agreement for armored courier service. Mr. Noyola asked if staff had contacted any local vendors during the bid process. Mr. Michael Barrera, procurement and general services manager, replied that two local companies were contacted, but they did not respond. He pointed out, however, the company that was awarded the contract, AT Systems Southwest of Harlingen, TX, did have a local office with local employees. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2004-457 Motion approving a supply agreement with AT Systems Southwest of Harling en, Texas for armored courier service in accordance with Bid Invitation No. BI-0036-05 based on most advantageous bid for an estimated annual expenditure of$32,247. The term of the supply agreement will be 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. This service will be used by the Police, Health, Finance, Park and Recreation, Solid Waste, Aviation Departments and Municipal Court. Funds have been budgeted in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal opened discussion on Item 17 regarding the refunding of a portion of the city's utility system revenue bonds. He asked staff to provide more information on this item. Director of Financial Services Cindy O'Brien replied that historically low interest rates in the stock market have presented a good opportunity for the city to refund a portion of their older bonds. She asked Mr. Mark Seale with M.E. Allison, the city's financial advisor, to further discuss the transaction. Mr. Seale reported his firm has constantly been reviewing the city's outstanding debt to find any refinancing opportunities. At this time, he said staff was recommending the refunding of $74 million in utility system revenue bonds, generating $3.1 million in savings in today's market, or over 4 percent savings. Mr. Bill Kopecky, 3609 Topeka, did not feel this item was appropriate for the consent agenda, and also urged the Council to defer this item until the completion of the comprehensive annual financial report (CAFR) to determine the 2004 utility fund balance. He said there could be opportunities for the city to retire a portion of their debt, rather than refund debt. Mr. Noe replied the city retires debt every year in the form of bond payments. In addition, he said the rate model assumes that the city draws down the utility fund balance over a period of time to accomplish the Minutes - Regular Council Meeting December 21, 2004 - Page 9 city's capital program and pay O&M costs over time. He said deferring this item at this time would risk the city's potential for savings, and did not feel this was in the ratepayers's best interests. Mr. Colmenero asked Mr. Noe to provide a brief report on the debt the city has retired recently. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: 17.a. ORDINANCE NO. 026085 Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005, in an aggregate principal amount not to exceed $75,000,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. 17.b. MOTION NO. 2004-469 Motion authorizing the appointment ofM.E. Allison as Financial Advisor; Morgan Stanley as Senior Manager; RBC Dain Rauscher as Co-Manager and McCall, Parkhurst, and Horton as Bond Counsel, for City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. ************* Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1104-01. Jon Roel Investments: A change of zoning from a 'R-IB" One-family Dwelling District to a "R-2" Multiple Dwelling District resulting in a change of land use from single family dwelling to multiple family dwelling. The property is 0.43 acre out of Montrose Park Addition Block 4, Lots 4 and 5 located at the southwest corner of Highland A venue and Hibiscus Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R-2" Multiple Dwelling District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 21,2004 - Page 10 23. ORDINANCE NO. 026089 Ordinance amending the Zoning Ordinance, upon application by Jon Roel Investments by changing the zoning map in reference to 0.43 acre out of Montrose Park Addition, Block 4, Lots 4 and 5, from "R-IB" One-family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 24, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-03. City ofCorous Christi Landmark Commission: A change of zoning from an "1-2" Light Industrial District to an "1-2" with a "HC-I" Light Industrial District with Historical-Cultural Landmark Preservation resulting in a land use change from light industrial to light industrial with landmark preservation. The property is in La Gloria Subdivision, Block E, Lots 3, 4, 5, 6, 7, 8 and 9, located along the southwest corner of Morgan A venue and Bright Street. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "1-2" Light Industrial District with "HC-I" Light Industrial District with a Historical-Cultural Landmark Preservation overlay. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Noyola spoke in support of the zoning change, saying it would honor the memory of Dr. Hector P. Garcia by preserving his former office for posterity. Special Assistant to the City Manager Tom Utter added the local historical designation would allow the city to apply Community Development Block Grant (CDBG) funds to the project. He also reported the city was seeking a state historical marker, but this was a much more extensive project with a longer time frame. Mr. Amador Garcia with the American Gl Forum, speaking on behalf of the Dr. Hector P. Garcia Foundation and the Garcia family, thanked the city for honoring Dr. Hector's memory in this way. He said they would make the site a source of pride for the community. Mr. Kelly spoke in support of the project, remarking that the CDBG funds would be essential to restoring the building so it would be an appropriate memorial to Dr. Hector's role in the civil rights movement. Mr. Colmenero asked if the Council should consider passing a resolution to support the state historical marker designation and possibly obtain more funding. Mr. Utter replied the Nueces County Historical Commission was charged with making the recommendation for a historical marker designation to the state, and city staff and the Landmark Commission were working with Minutes - Regular Council Meeting December 21, 2004 - Page II them to achieve this long-term goal. He did not anticipate any opposition to the state designation. At this point, Mr. Utter said the principal funding for the project would come from CDBG funds, so he did not think a resolution was necessary. He said the Council could expect a request for CDBG funding in April or May 200S for exterior and interior renovations to the site. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 026090 Amending the Zoning Ordinance, upon application by City of Corpus Christi Landmark Commission by changing the zoning map in reference to Lots 3, 4, S, 6, 7, 8, and 9, Block E, La Gloria Subdivision, from "1-2" Light Industrial District to "1-2" with "HC-I" Light Industrial District with Historical-Cultural Landmark Preservation; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 2S, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-04. Educational DeveloDment Companv. Charles Frazier: A change of zoning from a "R-IB" One-family Dwelling District and "T -IB" Manufactured Home Park District to a "B-4" General Business District. The property is 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6 and Joslin Tract Block A, Lot II, located north of South Padre Island Drive, west of Ennis Joslin Road and south of McArdle Road. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "B-4" General Business District. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott commented this zoning case was a great example of what a growing university can contribute to the community. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December21,2004-Page 12 25. ORDINANCE NO. 026091 Amending the Zoning Ordinance, upon application by Educational Development Company, Charles Frazier, by changing the zoning map in reference to 29.07 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 4-6, and Joslin Tract Block A, Lot II, from "R-IB" One-family Dwelling District and "T-lB" Manufactured Home Park District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 26, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1104-05. Tim Voorkamo: A change of zoning from a "R-lB" One-family Dwelling District to an "1-2" Light Industrial District, resulting in a land use change from single family dwelling to light industrial. The property is 23.40 acres out of Bohemian Colony Lands, Section 6, Lot 2, located along the northwest comer of Greenwood Drive and Saratoga Boulevard. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "1-2" Light Industrial District. No one spoke in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 26. ORDINANCE NO. 026092 Amending the Zoning Ordinance, upon application by Tim Voorkamp by changing the zoning map in reference to 23.40 acres out of Bohemian Colony Lands, Section 6, Lot 2, from "R-lB" One-family Dwelling District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. Mayor Neal referred to Item 27, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting December 21, 2004 - Page 13 Case No. 1104-06. City of COIllUS Christi: A change of zoning from the current zoning district to the current zoning district with an "10" Island Overlay District. Being a portion of the North Padre Island Development in Corpus Christi, situated in and out of Nueces County, Texas: bounded on the north by the Laguna Madre and Packery Channel, from the relief channel bridge on Park Road 22 to State Highway No. 361 excluding those portions of Padre Island No's. I & 2 lying easterly of Sand Dollar Avenue and Playa Del ReyDrive, Highway No. 361, from Packery Channel to Zahn Road and Zahn Road from Highway No. 361, to the Gulf of Mexico; on the east by the GulfofMexico; on the south by the Nueces County, Kleberg County line; and on the west by Palmira Avenue from the county line to Whitecap Boulevard, Whitecap Boulevard to the Padre Island golf course, excluding Lots I through 7, Block 191 and Lots I thru 15, Block 192, Padre Island No.4, portions of the eastern boundary of the Padre Island golf course and generally those portions of other properties in close proximity to the western right-of-way of Park Road No. 22, excluding Eagle Run Condo Unit A and a 3.86 acre tract out of Lot I, Block 27B of the Island Fairway Estates, to the relief channel bridge on Park Road 22, all as shown on the accompanying map. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Scott asked Director of Development Services Barbara Bailey if she had spoken with Mr. Zarsky about the effect the zoning change would have on his property. Ms. Bailey replied affirmatively. City Secretary Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 026093 Amending the Zoning Ordinance, upon application by City of Corpus Christi by changing the zoning map in reference to approximately 1,786 acres, including approximately 1,061 acres of a "No Vinyl" area, in and out of the North Padre Island Development at Corpus Christi, Texas, from its current zoning district to its current zoning district with an "10" Island Overlay District, as shown on the attached map and description; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent. * * * * * * * * * * * * * Mayor Neal referred to the presentations on the day's agenda. The first presentation was Item 28, a report on an initiative effort by 50 registered city voters proposing an ordinance to reduce unwanted and uncared for animals in the city. City Secretary Chapa explained the initiative process, allowed under Article I, Section 4 of the city charter, stated the Council had 45 days from today's date to consider adopting the ordinance as presented. If the Council did not adopt the ordinance as presented or if they took no action within the 45-day period, the city secretary was required to provide petition pages to the proponents for circulation among the city's registered voters. The proponents would have 90 days to gather sufficient signatures (five percent of registered voters) to Minutes - Regular Council Meeting December 21,2004 - Page 14 force an election on the matter. If a valid petition was submitted, the election to adopt or reject the proposed ordinance would be called during the April 2007 City Council election. City Manager Noe stated staff's recommendation was the Council take no action at this time, but refer the matter to the Animal Care Advisory Committee for their recommendations, to be presented in January in time for the Council to meet their 45-day deadline. The Council concurred with staff's recommendation. ************* The second presentation was Items 29, a critique and evaluation of current codes related to the Unified Development Code, as presented by Mr. Lee Einsweiler with Duncan Associates, the city's consultant. Mr. Noe mentioned a formal presentation had already been made to the Planning Commission. Mr. Einsweiler stated the purpose of today's presentation was to obtain the Council's direction and guidance on the more significant policy questions raised by this critique of existing regulations. The critique reflected the consultant's discussions with stakeholders, staff, Planning Commissioners, and Council members, as well the consultant's sense of the best planning practices. Mr. Einsweiler explained the presentation would cover four major topics as follows: a project overview; key issues from the critique; the Planning Commission's role; and the next steps in the process. Beginning with the project overview, Mr. Einsweiler discussed the initial project direction Duncan Associates had received from the city. They were charged with drafting a Unified Development Code, in effect combining the subdivision and zoning ordinances and other materials affecting development regulation in the community into a single, unified document. In addition, they were challenged with the following tasks: simplify development review; encourage creative design; maintain legal soundness; and modernize formatting and layout of the document. Mr. Einsweiler reviewed the UDC work plan, which was estimated to last approximately 16 to 18 months. He said they were currently in the assessment report stage, which directly preceded the code drafting stage. It was important during this stage to ensure that the consultant had the right intent before drafting the document. Thus, Mr. Einsweiler said the critique was designed to help the city and the consultant reach agreement on regulatory changes before the actual drafting began. He asked the Council to provide direction on those changes they found problematic so those issues could be pulled from the document for further discussion. To formulate the critique, Mr. Einsweiler reported the consultant conducted stakeholder interviews with various interested groups, such as city staff, elected and appointed officials, development professionals, and business leaders. In addition, they conducted field surveys ofthe downtown area, Padre Island, and suburb areas. Mr. Einsweiler characterized the Unified Development Code (UDe) as a single, unified document comprised of zoning, platting, and development standards (parking, landscaping, etc.). In essence, he said it was a "one-stop" regulatory package. By contrast, he said a UDC was not a Minutes - Regular Council Meeting December 21,2004 - Page 15 form of tax policy, annexation or CIP policy, or a replacement for the building code (but should be consistent). Mr. Einsweiler highlighted the areas in the existing regulations that should be addressed before the drafting period. They recommended simplifying the procedures section of the code by eliminating the repetition of common elements. He said, for example, if a preapplication conference was required for six different possible procedures, then it was only necessary to describe it once, using cross-references in other materials. Other common procedures include a completeness determination, public notice and hearing, and appeals. Simplifying the use of common procedures would lead to a more concise document. Mr. Einsweiler displayed a table outlining the city's current summary of authority for various administrative procedures. One of the most important aspects of streamlining the authority was to allow for the decision making points in the process to occur at the lowest possible hierarchical level the city could tolerate. Admittedly, he said all decision making could not be made at the staff level, but allowing staff to make as many decisions as possible would expedite the process, as long as the city had clear, concise regulations and development standards to follow. Mr. Einsweiler discussed the importance of having formal, written interpretations. Currently, there were a number of interpretations occurring under the ordinance process, but they were not being written or, if they were written, were not being distributed generally with the ordinance itself. Thus, he said it was difficult for developers outside the community to understand what the interpretations were. In addition, he suggested periodically amending the UDC to incorporate the interpretations. Mr. Einsweiler suggested conforming the city's development review triggers, particularly for redevelopment or expansion. Currently, there were a series of conflicting thresholds for off-street parking and landscaping. He said it was essential to clearly outline a series of single uniform triggers, such as increases in floor area, impervious surface, and multifamily units, so people would understand whether their development would be subject to portions of the ordinance or not. Mr. Einsweiler suggested the city simplify their plat review process by adopting the Texas statutes on the issue, which allow for administrative approval of minor plats, amending plats, and replats. He said replats were quite common in older portions of the community, and it was important to expedite the process to encourage redevelopment in those areas. In addition, he recommended the city expand the current threshold for minor plats from two dwelling units to four lots, as allowed by the state. Finally, he recommended changing the city's current nomenclature for replats to conform with the state's language as follows: from "Type I" to Plat; from "Type II" to Minor Plat; and from "Type III" to amending plat. Mr. Einsweiler suggested streamlining development review by allowing more administrative approvals. To have confidence in administrative authority, however, it was essential to have clear, precise standards. The result would be a savings of time and money for the applicants. Mr. Einsweiler recommended consolidating the site plan review. Currently, he said site plan review was accomplished as part of other processes, rather than being a process in and of itself. Site plan review needs to be its own process because of its importance, especially for commercial Minutes - Regular Council Meeting December 21, 2004 - Page 16 development. Finally, he said the decision-making authority for the process was unclear. Mr. Einsweiler suggested a variety of possible options for the site plan review authority. The authority could run the spectrum from administrative review (vested in the director of development services) to discretionary review (vested in the Planning Commission). He also proposed the establishment of a Development Review Committee (ORe), similar to the Staff Plats Committee. The DRC would approve all site plans, regardless of their size (major or minor). The committee would be comprised of the following department directors or designees: Planning (Chair of ORe), Building Inspections, Engineering, Solid Waste, Storm Water, and Fire. In the zoning districts portion of the ordinance, Mr. Einsweiler highlighted a number of problem areas. He recommended removing cumulative permitted uses that allowed uses in one district to cascade into subsequent districts. This type of structure created a lack of a distinct character for each district, and could inadvertently encourage inappropriate uses in some district. In addition, he suggested replacing the Townhouse district because as it was fairly useless as drafted by permitting only a single builder on common lots. Instead, he said townhouses could be located on platted lots, or on a single large lot as condominium or rental development. Mr. Einsweiler suggested that the regulations discourage "cookie cutter" developments by allowing multiple patterns of subdivisions. One possibility would be to continue with the conventional development, with 0 to 10 percent open space. Another option would be cluster development, with 20 to 40 percent open space. Finally, there could be a third option for conservation development, with 50 percent or more open space. By shrinking the lot size as needed, the same number of units would be allocated in each of these scenarios. He said providing options may lead to higher quality subdivision designs. Mr. Einsweiler advocated encouraging housing variety by creating housing palettes. A variety of housing types, subject to limitations, would allow for "life-cycle housing" and market flexibility. "Life-cycle housing" describes where an individual lives as their situation changes (e.g. single, married (starter home), family (larger home), senior citizen (condo)). Examples of different housing palettes are as follows: traditional neighborhood development, zero lot line, single-family attached, multiplex, and two-family. Each housing type would have specific standards to meet but a different pattern of development, potentially all within the same subdivision in the community. Mr. Einsweiler recommended the elimination of flag lots, a significant problem in the community. The numerous curbcuts created in this type of development were an inefficient provision of infrastructure, and was also a traffic hazard. Mr. Scott expressed concern about TxDOT's new policy to restrict the number of curbcuts along state highways (Saratoga Boulevard, Staples Street) because it was creating conflicts between the city and developers. Mr. Einsweiler replied the ODC could help the city with this issue by clearly defining the expectations for developers at the start. Since this was a new policy, he said the city could expect an ugly period of adjustment, but eventually the market would adjust. Mr. Noe added the city was working with TxDOT to communicate the new policy to private developers. Mr. Einsweiler suggested the city simplify the types of uses allowed. He displayed a chart of the city's current process and nomenclature, and the proposed process and nomenclature. In essence, he said a "permitted use" that was appropriate in a zoning district would remain a Minutes - Regular Council Meeting December 21, 2004 - Page 17 "permitted use" (approved by staft). A "permitted use" that was appropriate in a zoning district, provided they meet a particular use standard established in the ordinance, would become a "limited use" (approved by staft). A "special use exception" would become a "special exception" (approved by the Board of Adjustment). A "special permit" or a "specific use permit" would become a "conditional use" (recommendation by Planning Commission, approved by City Council). FinaUy, an ordinance amendment could become a "similar use" interpretation (approved by the Director of Development Services) or remain an ordinance amendment (recommendation by the Planning Commission, approved by City Council). Mr. Einsweiler gave an example of a use regulation matrix being proposed by for the city. He said it was an easily read, easily understood way to ensure developers were aware of aU the rules associated with a proposed use. Mr. Einsweiler recommended the city rethink their position on home occupations. The current code strictly defines businesses, but the proposed change would be more concerned with the impacts on neighborhoods. If there was no change to the neighborhood appearance, very limited deliveries, and very modest signage, there should be no problem with a home occupation. Mr. Einsweiler suggested modernizing the city's parking standards by aUowing for alternative parking plans (e.g. shared, valet, off-site). The standards should also aUow for a reduction in the number of required spaces, maximum parking ratios, and refinement of interior landscaping standards. Mr. Noyola asked staff to make provisions in the standards to accommodate the current trend toward larger vehicles. Mr. Einsweiler proposed refining the city's buffer standards. He said a greater difference in use required a larger buffer between districts, streets and structures, and parking and adjacent parcel. The buffer could be composed of berms, plants, or waU, provide flexibility in width and composition, and give credits for keeping existing vegetation and/or xeriscaping. Mr. Einsweiler suggested enhancing screening standards to further regulate and/or limit the use of outside displays, sales, and storage standards. He also recommended enhancing sign standards to clarify the sign types and standards, limit or prohibit pole signs, and prevent "district shopping" for bigger signs by providing equivalent signage across districts. Mr. Einsweiler suggested establishing modest design standards throughout the community, not just on Padre Island. This is a somewhat controversial idea, but the proposed standards would not be so strict that they would chase business out-of-town. Regarding nonconformities, he suggested expanding the nonconforming structure provisions to provide more flexibility by applying them to more building types. In addition, he recommended stiffer penalties for nonconforming buildings in the city's enforcement provisions, such as use of an escalated penalty system and refusal to process applications if violations exist. Mr. Einsweiler suggested consolidating the code's definitions to reduce the potential for conflict. In addition, he proposed removing standards from existing definitions for bed and Minutes - Regular Council Meeting December 21,2004 - Page 18 breakfasts, home occupations, and outside display, sales and storage. New definitions can be added as needed, but this would be done in the final steps of the drafting process. Mr. Einsweiler discussed the Council's role in the process. He reiterated that it was important for the Council to provide direction on the issues in the critique. It would also be important for the Council to review the public draft and comment on it before the public hearing process began. During the public hearing process, the Council would consider the Planning Commission's recommendations and then make final decisions. In conclusion, Mr. Einsweiler explained that once staff received direction from the Council, they would prepare a draft over a six-month period. The drafting process involved an internal staff committee and an external "Blue Ribbon" Committee comprised of stakeholders in the community to identify problem issues. Mayor Neal stated the current zoning process required the issuance of an excessive amount of special permits that the city inconsistently enforced, and he asked staff to find ways to minimize this in the future. He also asked staff to include provisions to ensure better usage and appearance of retention ponds in developments. Mr. Colmenero asked ifany of the proposed changes were specifically geared toward older areas of town. Mr. Einsweiler replied the proposed changes were not geared toward any specific type of development or area; rather, the goal was to provide flexibility, which would ultimately help older neighborhoods. Mr. Kelly asked if the city would have to rezone any established areas as a result of the proposed changes. Mr. Einsweiler replied negatively, saying the intent of the project was not to change the zoning map; rather, the project was concerned with changing the zoning text. What may occur, however, is that a good district may result which would be useful for certain areas, and at that point, the city may consider proactively rezoning them. Mayor Neal strongly encouraged citizens with problems or feedback on the proposed changes to attend the public hearings and air their concerns. Assistant Director of Development Services Michael Gunning stated that immediately after today's meeting, the critique would be posted on the city's website. ************* The next presentation was Item 30, a quarterly report on Work-Force 1. Ms. Debra Arnold, Interim President/CEO, discussed the status of their CEO search. She said the top three candidates had been selected and interviewed via a consultant. A selection committee would interview the top two candidates in the first week of January, and the final candidate would be presented to the board of directors at their January 13, 2005 meeting. Ms. Arnold briefed the Council on the Work-Force 1 fiscal reconciliation for several prior fiscal years, resulting from a discrepancy found last year. She reported that the fiscal reconciliation was completed and had not affected Work-Force l's ability to offer child care services as feared, despite a reduced budget. She noted there were processes in place now to prevent these Minutes - Regular Council Meeting December 21, 2004 - Page 19 discrepancies from occurring again, but the reconciliation would appear in the FY 03 audit and subsequent audits (2004 and 2005) due to the time period involved. Ms. Arnold covered Work-Force I's performance and expenditure levels. For FY 04-05 (July 1,2004 to June 30, 2005), the total budget was $30,786,332. The year-to-date benchmark was approximately $9.1 million, and actual expenditures until October were $7.8 million. Ms. Arnold reviewed enrollments sorted by program and region. She said W ork-F orce I had divided the twelve-county area they oversaw into three regions to ensure the equitable distribution of funds. Ms. Arnold reported on the results of an economic development panel discussion hosted by Work-Force I on September 22,2004. She said they presented the industry cluster data they had presented to the Council earlier, and asked for feedback on whether communities were seeing the same patterns. Another goal was to ask communities what Work-Force I could do to serve them better. One ofthe common themes raised during the discussion concerned Workforce Investment Act (WIA) training. She said WIA training dollars had dwindled, and boards were now charged with funding training and infrastructure needs. Thus, she said the training numbers were decreasing, but the numbers served were increasing through a variety of activities. To address the training issue, Ms. Arnold said Work-Force I could create a better connection to established career pathways. In addition, they can develop a better approach to serving youth as the emerging workforce. In conclusion, Ms. Arnold briefly mentioned a number of initiatives Work-Force I had assumed as directed by the Texas Workforce Commission. The first was the development of a site selection tool to help support business retention, recruitment, and expansion efforts. Second, Governor Perry asked the legislature to provide an additional $25 million for a skills development fund, which doubled the amount of funding available for training across the state. Third, Ms. Arnold discussed efforts to promote economic development in rural communities, focusing on training through the Sirolli Institute. Work-Force I had applied for a grant to fund the institute training, and would receive confirmation of funds hopefully within the next month. Finally, she announced the reinstatement of the Youth Art Project this summer, overseen by the Downtown Management District. ************* The last presentation was Item 31, a first quarter FY 2004-2005 budget/performance report. Assistant City Manager Oscar Martinez reported 25 percent of the fiscal year has been completed. He said combined revenues and expenditures were at 22.91 percent and 20.99 percent respectively. Though early in the year, he said the city's overall financial outlook was consistent with the same time last year. Regarding general fund revenues, he said the year-to-date ad valorem property taxes were slightly lower than the year-to-date budget. At this time, however, staffhad no reason to believe the city would not make budget in this area. He also said the city was seeing a slight decrease in industrial district payments. Due to the decrease in the tax rate and a decrease in valuations, revenues were not predicted to be realized at the level budgeted. By contrast, year-to-date collections for sales tax were consistent with projections for this year and are ahead of the same period last year. He said the projections reflect a 6 percent growth rate compared with last year's Minutes - Regular Council Meeting December 21, 2004 - Page 20 collection trend. The year-to-date collections for franchise fees were less than the YTD budget but above the YTD in 2003-04. Regarding solid waste services, the revenue was higher than the YTD budget, reflecting a $170,320 increase, mainly because of increased activity from a numberoflarge vendors. municipal court fee collections were $265,773 higher than the YTD budget, mainly due to increased collections efforts such as the "Failure to Appear Warrant". The museum revenues were lower than the YTD budget, reflecting a nationwide trend in decreased museum attendance. Construction in the area has also hindered attendance. Recreation services revenue was slightly lower than the YTD budget, mainly due to Latchkey revenue. Public safety services revenues were slightly less than budgeted amounts, primarily because of911 Wireline Service Revenue. In conclusion, he reported that with 25 percent of the fiscal year completed, 21 percent of the general fund budget had been expended. There were no significant unfavorable variances among city departments and individual operating divisions. City Manager Noe pointed out that rising fuel costs may have a negative effect on department budgets, and staff was monitoring the situation closely. Mr. Martinez discussed the status ofthe enterprise funds. Regarding the Water fund, he said YTD revenue of$20,739,971 represented 27.75 percent of the budgeted revenues, which was greater than the same period in the prior year. He attributed this to an increase in residential and commercial customers inside the city. Overall, YTD expenditures were $13,787,596, or 17 percent of budget, consistent with the same period last year. The gas fund, on the other hand, reported YTD revenue of$5,769,823, or 16.57 percent of budgeted revenue, which is higher than revenue collected for the same period last year. YTD expenditures were $6,577,961, or 18.19 percent of budget expenditures. The wastewater fund reported revenues of$9,058,559, representing 26.19 percent of budget, which is more than the amounts collected for the same period last year. He said YTD expenditures were $7,432,986, reflecting 21.20 percent of budget.. The airport fund reflected revenues of$I,842,301, or 24.26% for this quarter. He said the increase in revenues could be attributed to the terminal completion and the upgrade in parking facilities. The airport's YTD expenditures were $1,454,558, or 18.60 percent of budget. Regarding the enterprise funds, Mr. Martinez reported the development services fund had revenues of$999,204, or 23.21 percent. Expenditures were $1,116,923, or 23.48 percent of budget. The ambulance fund reported YTD revenue and expenditures that were comparable to the prior year for the same period, reflecting 25.57 percent and 20.89 percent respectively. Minutes - Regular Council Meeting December 21,2004 - Page 21 The golf centers fund reported YTD revenue of$413,219, or 19.98 percent of budget, was higher in comparison with the same period last year. Expenditures were $439,330, or 20,89 percent of total budget, yet slightly lower than amounts expended in FY 2004. Finally, the marina fund reported revenue of$338,311, or 21.92 percent of budget. The YTD expenditures were $269,482, or 17.26 percent of budget. Regarding the internal service fund, special revenue funds, and debt service fund, Mayor Neal asked Mr. Martinez ifhe had any comments about projections or any areas of concern in these funds. Mr. Martinez replied negatively, saying staff was diligently evaluating budget trends on a monthly basis to keep the budget on track. Mayor Neal thanked staff for the report, saying it was important for the Council, as policymakers, to be kept informed on the budget status. ************* Mayor Neal announced that Item 32, the second reading of the smoking prohibitions ordinance, was being withdrawn. He also announced that the executive session was being withdrawn. 32.a. WITHDRAWN ~Ivl~o.d. Lv aUh.,ud PJ.~Vl to SC\.ivud ~ad.~n~ tIt..... Old;J..laJ.J.c(.. aU.I.(,.d.d;U5 S"''''. 2J-74, SlllO~.I..I.5 Piol.l;hitioui3, b} n"vl"';u5 tlK IAJ.l5Ua~";u S"G, 2J-74(h) b)' 1..:".,\.idiU5 a iGf"'lGJ..K", Lv ,",1\.;.,t;u5 bubs"t;vu (2) vf S",,,,,. 2J-74(1,) follvn\.ld by all ,ll;pslb, ;u.3Glt;U5 a n"f\.,J.\.iJJ'-''' tv "'AI"t;U5 subs,-,,,,t;vu (4) vfS",,,,. :2J-74(b), d""1""l;U511n.,, bub.,,,,\.il;Oull\.i4d;U5, Gllt;l1cd "DOnl;u5 Iou"b" non:. 8"". :23-74(1,)(4) and. IGpla";ug it yy;th tll", .3ubs(......t;on 1:1"'(1<1;115 ''D;Il;UJ.d. IloIl., "lId b r II " d' . tI d" b'II' d I II d" b "I" d" ". On lug a '-'Jb, all lU.3",.LUlg J.\.i \'VOL b tv 1 HU it..., au ",t",,\...\.iU App J 4..1 tv H1 Scc. 23 74(b)( 4). 32.b. WITHDRAWN S"",",Vlld. R\.Iad.;u5 O.ld.;.tlQu",,,, Alu"'Ud.~Hg. tiJ.'" Co& v[OlJ~u<<.llC(".:), S",(..t~vu 23-74, Sunik~llo r.l.vhibit~vu.s, Sub5C't~vu (b)(I)(",), b] J.",V~~~U5 1:1.1'" l~u5uu5" <<.IJ.a ".,tabl~.,I.~ug <<.1.1 (..fK.,,,,t:vc date (Fj.~l R.,adiu5 12/14,'84) 33. WITHDRAWN LA",,,,ltt: v '" .,,,.,.,:vu \.Iud."'l T "'Aa., Go v "'J.UIllGJ.lt Cud" S",,,,t~vn 551.871. "'AAa.d~u5 Cau&", llo. 04- 06556-A, City vfCu.pu., Clll~&t~, T"'AA& v.,. A;J. L;'iuLd" AUJ.GJ.;",a, L.P., (..t ai, in tI.", D~.,b.;"t CUUlt uf1'lu"""",,5 CUUJlt)', T"'AA&, 18th .h1dieial Disk1et, .~./i(.h.1'833ible disett3sieli and aeti8ft rdat""d tlJ.""J."'to ;u oiKu i)G&&;ou. The Mayor called for a brief recess to hold the board and commission's swearing-in ceremony. Minutes - Regular Council Meeting December 21,2004 - Page 22 ************* Mayor Neal called for petitions from the audience. Mr. Bill Kopecky, 4609 Topeka, and Mr. J. P. Kenny, 625 Gregory, spoke against the proposed ordinance banning smoking in restaurants. Ms. Sherry Dunlap, 5825 Hopkins, spoke in support of the proposed ordinance to reduce unwanted and uncared for animals being brought forth by initiative. Ms. Sharon Massad, Ms. Paula Rhyner, and Mr. Jeff Beynon, 3617 Castle River, thanked the Council for passing the animal control ordinance last week. Mr. Jack Gordy, 4118 Bray, spoke regarding alleged problems with the public access studio contract. Mr. Noyola expressed frustration that the public access studio issue had been raised during the public comment period in several consecutive meetings. He asked staff to resolve the problems with the public access studio contract because he felt there were better uses of the Council's time. City Manager Noe replied staff and the Cable Communications Commission had met with the opposing groups repeatedly without a satisfactory resolution. He said the public was free to speak on any topic not on the agenda during the public comment period. Mr. Richard Pulido, 5617 Naragonnest, asked the Council to support the Cable Communications Commission to resolve the public access studio issues. Mr. Jerome Bradford spoke regarding the public access studio issue, saying the solution was better enforcement of the existing regulations. An unidentified gentleman spoke in support of the Cable Communications Commission's efforts to resolve the public access studio issues. ************* Mayor Neal called for the City Manager's report. There was none. Mayor Neal called for Council concerns and reports. Mr. Chesney asked that an item be placed on the agenda to discuss the possibility of disavowing all the city's contractual obligations regarding the public access studio. He also asked that his metrogovemment proposal be placed on the agenda for discussion during the first meeting in January. He said he would provide the Council and the Commissioners Court with more infonnation supporting the concept. Finally, he wished everyone a Happy Holidays, saying this has been a successful year for the city. He thought the city's future was also bright, and mentioned the strengthening economy, Packery Channel, the new arena, increase in home sales, and the new bond proposal as indicators. Mr. Noyola asked staff to have graffiti removed from stop signs and utility boxes on Sacky Drive between Kostoryz and Ayers. He also reported graffiti problems on West Point from Greenwood to S.P.I.D., and on a sign for the Texas Sky Festival on Saratoga Boulevard between Old Brownsville Road and Ayers. He also wished everyone a Merry Christmas and a Happy New Year. Mr. Colmenero reported an abundance of potholes throughout the city streets, and asked staff to repair them before there was wet weather. He said he would provide Mr. Noe with a list of streets. In addition, he reported an inoperable street light in front of the Laredo National Bank on Ayers Street which was a traffic hazard. He also asked for a status report on the future of the Latchkey Program. Mr. Noe replied staff was preparing one now, and would report on it soon. Minutes - Regular Council Meeting December 21, 2004 - Page 23 Finally, Mr. Colmenero agreed this had been a successful year for the city, and he thanked staff and the voters for their efforts and support. He wished everyone a safe Christmas and Happy New Year. Ms. Cooper complimented city staff, saying this was the best staff the city has had in her ten years serving on the Council. She announced the next town hall meeting would be hosted by Mr. Kinnison on January 10 at 6:00 p.m. at Kaffie Middle School. She wished everyone a Merry Christmas, and a safe, happy, and prosperous New Year. Mr. Scott reported graffiti on an audio store across from Best Buy and near the Doctors Center on S.P.I.D. He asked for an update on the prosecution history of litter and/or graffiti violations in the city. He also spoke regarding the U.S.S. Oriskany issue, saying the Coastal Bend region needed to be involved to secure a potential reef, rather than leaving it solely in the state's hands. Mr. Utter replied the Department of the Navy has stated there are a very large number of ships available, and they have indicated that the city will receive a ship. He said staff would be visiting with the Navy in Washington D.C. in January to discuss it further. Mr. Scott spoke in support of this project. Mayor Neal announced the H-E-B Feast of Sharing event was taking place on Christmas Eve at the American Bank Center from approximately 9:30 a.m. to 3 :00 p.m. He also reminded everyone about the many marines who had made the ultimate sacrifice of their lives to protect our freedom, and he encouraged everyone to remember the young Americans who are in harm's way this Christmas. He wished everyone a Merry Christmas. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 12:40 p.m. on December 21,2004. * * * * * * * * * * * * * 2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, SECTION 23-74, SMOKING PROHIBITIONS, SUBSECTION (b)(1)(e), BY REVISING THE LANGUAGE; AMENDING SUBSECTION (b)(4) BY REVISING THE LANGUAGE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Section 23-74, Smoking Prohibitions, subsec- tions (b)(1)(e) and (b)(4), are amended by revising the language to read as follows: "Sec. 23-74. Smoking prohibitions. * * * * * "(a) .. . * * * * * "(b) .. . * * * * * "(1 ) * * * * * "(a) * * * * * "(e) Food service establishments. Tt-lElse flElrtions Elf the indElor ar-ea of Anv place where food is prepared and intended for individual portion service, includina the site at which individual portions are provided. served, or consumed. regardless of whether or not consumption is on the premises, whether or not there is a charge for the food, and whether or not alcoholic beverages are sold or served. includina, but not limited to, cafeterias, coffee shops, delicatessens, diners, lunst-leonettes, restaurants, sandwich shops, and short-order cafes", soda fountains, Elr other ar-eas Elf esmblist-lments in wt-lioh feod is serveEl, exoel3t areas suoh as bars, socktailloungos, and/or nillht olubs wt-lero seating is primarily for servioe of aloohelio beveraliles, anEl eXGel3t desililnateEl smokinlil areas in oonfermity '....ith the fellowing standar.cJs: H:\lEG-DIR\elizabeth\Dept Files\EH Ordinances\EHord160 Modified Version 3B.doc "1. Owners shall eFlsure tt-lat seating provideel for nORsmokers is a minimum of fifty (50) por cent ef total soating or in direct Ilraportion te the number of customers requestiAg nonsmoking seating, wt-liohever is greater. (/\fter July 6,1994, the peroentage of nonsmaking soating just stateel shall iAoreaso from fifty (50) percent to sixty five (65) porooAt. Mer July 6, 1995, this same perooAtage shall inorease from sixty five (65) percent to seventy (70) per cent.) "2. Seating for those requesting seating in nonsmoking areas shall be arranged te make maximum use of the air flow provieleel by the '1entilatieA system. "3. The patron waiting area and restrooms in fasilities covered by subseotion (b)(1 )(e) of this section shall be elesignated as nonsmoking areas, ol<sept that separate waiting areas may be provided for smokers. "4. Rostaurants t-laving a seating sallaoity for customers of fifty (50) or greater, either newly sonstructed after the effeotive elate of this seotion or remodeled after that date to suoh aA extent that the oost of rehabilitation exoeeds fifty (50) per-cont of the valuo of the building, shall be required to comply with the following additional standar-ds: the patron waiting area anel restreems shall be desigRated as nonsmokiRg areas, el<sept that separate '....aiting areas may be provieled for smokers; the Ren smeking areas shall be kept slear of smake; tho smoking areas shall not inolude any part of tt-le establishment to 'Nhist-l nonsmokers may need assess and all smeking aroas shall have air ventilation systems separato from the air ventilation systems for nonsmoking ar-oas. "(1) Private homes where food is prepared and served for individual familv consumotion are excluded from the orohibitions contained in this subsection. "(2) Outside seating areas onlv. of food service establishments covered bv subsection (b)(1)(e) of Sec. 23-74. are excluded from the smoking prohibitions. provided that (1) the outside seating area is separated from the indoor seating area bv a f1oor-to-roof exterior wall containing a fully solid access door through which patrons must pass to access the outside seating area: (2) patrons of the establishment. not otherwise seated outside. do not have to access or cross through the outside seating area to utilize anv ancillary services of the establish- ment. which are available to anv patron or emplovee of the establishment. such as public restrooms or cashier counters: and (3) the outside seating area is located no closer than 10 H:\LEG-OIRlelizabethIOept FileslEH OrdinanceslEHord160 Modified Version 3B.doc feet from the front door of the food service establishment. Compliance with the reQuirements contained in this subsection will be determined by a Code Enforcement Official. "(A) An "outside seatina area" means a seatina area for patrons to eat food or drink beveraaes which is located adiacent to or outside of the primary structure of the food service establish- ment and which is constructed so that the seatina area is not fully enclosed bv floor-to-ceilina solid walls. or by other means. such as a patio or deck area. "(B) The smokina limitations applicable to outside seatina areas of food service establishments under subsection (b)( 1 )( e )(2) above may not be construed to include the parkina lot area of the food service establishment. if the parkinQ lot area is avail- able for combined drive-up orderinQ and consumption of food while a patron is seated in a private vehicle. nor mav anv of the smokina limitations contained in Sec. 23-74 be construed to include the interior of a person's private vehicle while located at the food service establishment. "(3) Establishments in which food service is incidental to the sale or service of alcoholic beveraaes. such as a bar. cocktaillounae. niahtclub. or tavern. are excluded from the prohibitions con- tained in this subsection. provided that the bar. jounae. niaht- club. or tavern meets the definition of "Taverns. Lounaes. or Bars" in Sec. 3-1.64.1 of the Zonina Ordinance. as determined by a Code Enforcement Official. in accordance with the followina reauirements: "(A) For classification purposes. the establishment's owner. operator. manaQer. or person in charae. or holder of the establishment's alcoholic beveraae permit issued bv the Texas Alcoholic Beveraae Commission. must provide a Code Enforce- ment Official. upon reQuest and within 10 calendar days. with verified copies of either 1) the previous Quarterly or the previous three monthlv sales tax reports and the aross receipts tax reports for the same period. if the holder pavs the aross receipts tax or 2) the previous three months alcohol sales and sales tax information and other information or documents sufficient to determine the percentaQe of alcohol sales. if the holder does not pay the aross receipts tax. "(B) Failure of the owner. operator. manaQer. or person in charQe. or holder of the alcoholic beveraae permit. to provide the documentation reQuested within 10 calendar davs is a violation of this Code and is prima facie evidence that the HILEG-DIR\elizabethlDept FileslEH OrdinanceslEHord160 Modified Version 3B.doc establishment is a food service establishment subiect to the prohibitions of this section. "(C) Within 10 business davs of submission of the documen- tation, a Code Enforcement Official shall determine the class- ification of the establishment for purposes of this section. Anv establishment for which the owner, operator, manaaer, or person in charae, or holder of the alcoholic beveraae permit. has submitted documentation that fails to substantiate that monthlv sales of alcoholic beveraoes comprise more than 75 percent of the establishment's oross revenue will be deemed to be a food service establishment subiect to the prohibitions of this section. "(D) Nothina contained in this subsection restricts an establishment's owner, ooerator, manaaer, or person in charae, or holder of the establishment's alcoholic beveraae permit. from voluntarilv submittina the reauired documentation and reauestino a written determination of classification bv a Code Enforcement Official." * * * * * "(2) * * * * * "(4) Bowling laReE:. Billiard halls and bowlina allevs. Smoking restrictions in this section will not apply to billiard halls and to that portion of bowling establish- ments which contain bowling lanes. "(5) * * * * * SECTION 2. If for any reason 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, 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 3. Publication shall be made in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purposes, intent, and effect of the ordinance. SECTION 4. This ordinance becomes effective February 1, 2005. H:\LEG-DIR\elizabeth\Dept FileslEH OrdinanceslEHord160 Modified Version 3B.doc That 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: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly 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. Rex A Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly APPROVED AND PASSED on this day of ,2004. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr., Mayor APPROVED AS TO FORM: Jk. ~ay of flwflix;u , 2004. Elizab R. Hundley Assis nt City Attorney for the City Attorney H:\LEG-DIRlelizabethIDept FileslEH OrdinanceslEHord160 Modified Version 3B.doc 3 MOTION TO AMEND MOTION TO AMEND the 2004-2005 City of Corpus Christi Legislative Program by amending Section XII Efficient Administration by adding a new Section h, under actively support to read as follows: h. CONSOLIDATION OF LOCAL GOVERNMENTAL FUNCTIONS AND ACTIVITIES: The City supports the consolidation of local governmental functions where possible and the joint provision of local governmental services through the maximum use of interlocal contracts for service provision where possible, both with the goal of reducing governmental cost and providing governmental services in the most efficient manner possible. and renumber the following section accordingly. 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 11, 2005 AGENDA ITEM: a) Ordinance authorizing the City Manager or his designee to execute a Short Term Lease Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food and Beverage Services, Inc. for the operation offood and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and percentage rent, commencing upon the later of the date of award by the City Councilor February 1, 2005 for a period not to exceed one year; and declaring an emergency. b) Ordinance authorizing the City Manager or his designee to execute a Long Term Lease Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food and Beverage Services, Inc. for the operation of food and beverage concession at the Corpus Christi International Airport in consideration of payment ofa minimum rental fee and a percentage rent for a term of ten years with a five year option to renew upon agreed terms; and providing for publication. ISSUE: Weare currently operating on a short term agreement for food and beverage services with Whataburger due to the mutual agreement between MRCC and the City to terminate the former food and beverage concession agreement at the Airport. The City requested proposals and received two proposals from Game Time Food and Beverage Services Inc. headquartered in Buffalo Groves, Illinois and MSE Branded Foods headquartered in Gainesville, Georgia. The Selection Committee members included the following: Director of Aviation, Assistant Director of Aviation, and Procurement and General Services Manager for the City. Each member evaluated each proposal in depth in accordance with the criteria outlined in the RFP. The Selection Committee rated each firm in each category and the following matrix shows the median scores of each firm ~ h or eac category. Maximum Game Time Food and MSE Branded Criteria Points Beverage Services Inc. Foods Compensation Paid to the City 25 24.0 10.0 Comoanv/Manaoem'ent Profile 25 20.0 13.3 Service to Customers 25 22.0 16.0 Prices & Menus 10 6.6 5.6 Caoitallnvestment 10 8.0 4.6 General Resoonse to RFP 5 3.0 1.0 TOTAL POINTS 83.6 50.5 Game Time Food and Beverage Services, Inc.(GT) was selected as the most responsive proposal to negotiate a lease for the food and beverage concession operations. GT has several operations in the Valley area of South Texas and is currently operating in McAllen Airport. They want to work with the City, Chamber of Commerce and other local organizations to promote the Airport as well as provide an extensive catering menu for parties wanting to utilize the Airport facilities for events. Game Time approached Whataburger in order to afford them to have a presence at the Airport and after serious consideration, Whataburger decided not to operate in an Airport environment. REQUIRED COUNCIL ACTION: Council approval as requested. PREVIOUS COUNCIL ACTION: FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of this item as presented. Qla~ Department Head Signature Attachments: Exhibit A - Background Information Exhibit B - Lease Summary Exhibit A BACKGROUND INFORMATION Earlier this year, MRCC informed the Airport that they wanted to work with the Airport to gamer another food and beverage concessionaire to take over the MRCC operations at the Airport due to financial losses at the Airport. At that time, Airport staff contacted Host International Inc. who operates the News and Gift Shop at the Airport and also provides food and beverage services at many national airports and Whataburger who was franchised through MRCC at the Airport to offer the concession operations to them individually. Neither companies were interested in entering into an agreement for the food and beverage concession at that time. Once this occurred, Airport and City staff put together a Request for Proposal (RFP) for a Food and Beverage Concession at the Airport. The proposal was sent to the following companies: Blimpie Subs and Salads, Game Time Food and Beverage Services, Inc., MSE Branded Foods, Noble Food Services, Whataburger, and Weinerschnitzel. In addition, it was sent to 59 other local restaurants in Corpus Christi and advertised in the Caller Times. I Exhibit B Lease Summary Game Time Food and Beverage Services, Inc's(GT) lease for the food and beverage concession at the Airport includes the following: · Provides for a Guaranteed Annual Fee of $72,000 or a percentage of gross sales ranging from 12% - 17% depending on amount of annual sales. GT will pay all utility and service cost and provide $175,000 for equipment for operations which will become the City's assets at the end of the ten year term. · GT will provide oversight and project management of the build out of a shell space in the gate area next to the current News and Gift Shop. Hangars Fun Foods and Libations will provide breakfast, lunch and dinner food service and alcoholic beverages as well as boxed meals in the post checkpoint area of the terminal. There will be a variety of quick foods offered as well such as hot dogs, popcorn, and ice cream. The shell space build out will be completed by May 31, 2005. The City shall provide funds not to exceed $90,000 for the planning, design, and construction of the shell build out space. GT will provide temporary food service in the gate area while the shell space is being built out. · GT will also provide oversight of the conversion of the current restaurant (previously Chilis) to pre-checkpoint status by removing the glass wall that divides the current Whataburger service windows and relocating it to the current entrance of the previous Chilis restaurant. GT will provide their signature Game Time Sport Restaurant and Lounge which will have a varied menu including hamburgers, salads, chicken, Mexican foods, seafood, and steak as well as a full service breakfast menu focusing on Mexican breakfast plated foods. It will display sports memorabilia as well. The security wall will be relocated prior to the beginning of operations on February 1,2005. The City shall provide funds not to exceed $15,000 to relocate the security wall. This is a standard short and long term lease as required by Charter for leases over five years in duration. The short term lease will be effective upon Council approval and their declaring an emergency. The long term lease will be effective upon the 61 sl day following approval at the second reading, which must follow the first reading by at least 28 days. The long term lease expires April 30, 2015 and provides for one five year extension with the agreement of both parties. It also addresses maintenance, security, and other issues relative to the food and beverage concession at the Airport. AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A SHORT TERM LEASE AGREEMENT WITH AMARILLO SPORTS SERVICES, INC. D/B/A GAME TIME FOOD AND BEVERAGE SERVICES, INC. FOR THE OPERATION OF FOOD AND BEVERAGE CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF A MINIMUM RENTAL FEE AND PERCENTAGE RENT, COMMENCING UPON THE LATER OF THE DATE OF AWARD BY THE CITY COUNCIL OR FEBRUARY 1, 2005 FOR A PERIOD NOT TO EXCEED ONE YEAR; AND DECLARING AN EMERGENCY. NOW, THEREFORE, 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 short term lease agreement with Amarillo Sports Services. Inc. dlbla Game Time Food and Beverage Services, Inc. No. 3 for the operation of food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and percentage rent, commencing upon the later of the date of award by the City Councilor February 1, 2005 for a period not to exceed one year. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Christi APPROVED the ~ day of ~ J t;"..ao- , 2005. By: P- o n P. Burke, Jr. sistant City Attorney for City Attorney I.awieVobnBurke\OrdinanceResoluti0n2004\Game Time ShortT ermLease.Ua Day of ,2005 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: Ilwe, 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, Mayor 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 Bill Kelly Rex A Kinnison Jesse Noyola Mark Scott Laurie\JohnBurlce\OrdinanceResolutionlOO4\Game Time ShortT errnLease.lla AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LONG-TERM LEASE AGREEMENT WITH AMARILLO SPORTS SERVICES, INC. DIBIA GAME TIME FOOD AND BEVERAGE SERVICES, INC. FOR THE OPERATION OF A FOOD AND BEVERAGE CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF A MINIMUM RENTAL FEE AND A PERCENTAGE RENT FOR A TERM OF TEN YEARS WITH A FIVE YEAR OPTION TO RENEW UPON AGREED TERMS; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, 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 long-term lease agreement with Amarillo Sports Services, Inc. dlbla Game Time Food and Beverage Services, Inc. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a minimum rental fee and a percentage rent for a term of ten years with a five year option to renew upon agreed terms SECTION 2. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. JolmBurke\OrdinanceResoluti0n2004\GameStopLongT ennLeaseJla That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2005, by the following vote: Samuel L Neal, Jr. Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the _ day of , 2005, by the following vote: Samuel L Neal, Jr. Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly APPROVED AND PASSED on this day of ,2005. ATTEST: Armando Chapa, City Secretary Samuel L Neal, Jr., Mayor tr LEGAL FORM APPROVED L OF January, 2005. By: 5 AGENDA MEMORANDUM City Council Action Date: January 11, 2005 SUBJECT: Lindale/Chenoweth Subdivision Area Drainage Improvements Phase 1, Part "A" (Project No. 2174) AGEf'4DA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Ramos Industries Inc. of Pasadena, Texas, in the amount of $3,009,625 for the Lindale/Chenoweth Subdivision Drainage Improvements, Phase 1 Part "A" for the Base Bid and Additive Alternate NO.1. ISSUJi: The LindalelChenoweth Subdivision area experiences flooding and standing water during storm events. The project has bid and is ready to begin the construction of Phase 1 , Part "A." City Council action is required to complete this phase of the project. FVNDING: Funds to finance the proposed project are available in the FY 2003-2004 Storm Water Capital Improvement Budget. : Staff recommends approval of the motion as presented. /' Y~(O'7 ~ I. ~ 'tiS el R. Escobar, P.E. irector of Engineering Services Adslltjonal SUDDOrt Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H;~.\GEN\DnUf\8Q8\2174\CoostlUCtion\AQenda Memo_doc BACKGROUND INFORMATION SUBJECT: LindalelChenoweth Subdivision Area Drainage Improvements Phase 1, Part "A" (Project No. 2174) PRIOR COUNCIL ACTION: 1. Fej:lruary 10. 2004 - Approval of the FY 2003-2004 Capital Improvement Program. (Ordinance No. 025647) 2. ADril 20. 2004 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract for professional services with Goldston Engineering Inc. in the amount of $886,305 for a total restated fee of $911,045 for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 project. (Motion No. M2004-156) PRIOR ADMINISTRATIVE ACTION: 1. SeDtember 15. 2003 - Executed small AlE agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $24,740 for the Lindale Subdivision Drainage Improvements. 2. Auaust 2. 2004 - Executed Amendment No. 2 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $-0- for the Lindale Subdivision Drainage Improvements. 3. January 5. 2005 - Executed Amendment No. 3 to the agreement for professional consultant services with Goldston Engineering, Inc. in the amount of $16,345 for the Lindale Subdivision Drainage Improvements. FUTUflE COUNCIL ACTION: Per the Storm Water Capital Improvement Program, 1. Approval of a construction contract to complete Phase 1, Part "B." 2. Approval of amendment for design of Lindale Subdivision. 3. Approval of a construction contract to complete Phase 2. 4. Approval of a construction contract for outfall rehabilitation at Alta Vista Drainage Outfall, located under Ocean Drive. ~CT BACKGROUND: This project is part of the City-Council approved $55 million drainage improvements. The "Lindale Subdivision" is bordered by Alameda Street, South Staples Street, Louisiana Parkway and Texan Trail. Currently, this subdivision experiences flooding and standing water during storm events. The "Chenoweth" area includes Hewit Estates, Los Amigos, Beekman Place and Alta Plaza subdivisions. These subdivisions also experience flooding during storm events primarily due to insufficient trunk main capacity. Collectively, these two areas are known as "LindalelChenoweth." On September 15, 2003, a small AlE agreement for professional consultant services was executed with Goldston Engineering, Inc. to complete a preliminary engineering hydraulic analysis of the area. H:~le'\GEN'&aIn8ge\2174\Construction\AGENDA BACKGROUNO.doc EXHIBIT "A" Page 1 013 The overall LindalelChenoweth Subdivision Area Drainage Improvements consist of two parts as shown on the location map (Exhibit "D") and described below: · Part A Alta Vista Arrovo Trunk Main - Part A consists of underground improvements and a primary trunk main ("A Ita Vista Arroyo Trunk Main") from Ocean Drive, through the Alta Vista Arroyo, up to near Chenoweth Drive. · Part B Alta Vista Arrovo-Reid Drive Trunk Main - Part B improvements include a primary trunk main (Alta Vista Arroyo-Reid Drive Trunk Main) from near Chenoweth Drive, Katherine Drive, Lawnview and McCall Streets to the Reid Drive-McCall Street intersection. Part B also includes a secondary trunk main ("Reid Drive Trunk Main") which will convey runoff along Reid Drive from Harrison Street to the Reid Drive-McCall Street intersection and from Gordon Street to the Reid Drive-McCall Street intersection. PROJECT DESCRIPTION: The project consists of a Base Bid and Additive Alternate No. 1. The Base bid includes the construction of a storm water trunk main and other drainage, pavement and utility improvements in accordance with the plans, specifications and contract documents. Specifically, the project will include the construction of approximately 935 linear feet of 9-foot by 9-foot concrete box culvert; 1,430 linear feet of 8-foot by 8-foot concrete box culvert; and 115 linear feet of 5-foot by 5-foot concrete box culvert and other improvements. BID INFORMATION: The City received proposals from three (3) bidders on December 8, 2004 (see Exhibit "B" Bid Tabulation). The bids range from $2,872,125.00 to $3,867,321.00. The base bid consists of three (3) parts as follows: · Part 1 - consists of drainage and street improvements · Part 2 - consists of water line improvements · Part 3 - consists of sanitary sewer improvements The project includes one (1) Additive Alternate: purchase a 9-foot by 9-foot concrete box culvert to be temporarily stored at the manufacturer's facility (yard) for a maximum of four (4) months and then deliver it to the Lindale/Chenoweth Subdivision Area Drainage Improvements construction site for future installation between Ocean Drive and Corpus Christi Bay, currently being designed by Shiner, Moseley & Associates. (SMA). The SMA project amendment, which was approved by the City Council on December 21, 2004, will add additional engineering, drafting, surveying and construction administration for Major Outfall Repairs Phase I Part B. The additional work will address significant drainage rate increases at the Alta Vista Outfall resulting from the Lindale/Chenoweth Subdivision Drainage Improvements Project designed by Goldston Engineering Inc. This amendment will provide for design services, project modifications, and construction administration assistance to extend the 9' x 9' concrete box culvert approximately 250 linear feet with new headwall and scour protection to handle the increased drainage rates. H:~EN\Dr8lnage1217"'ConsCruction\AGENDA BACKGROUND.doc EXHIBIT "A" Pege 2 on The Engineer's estimated construction cost for base bid only for the LindalelChenoweth Subdivision Area Drainage Improvements, Phase 1, Part "A" is $2,400,000. The City's consultant, Goldston Engineering Inc., and City staff recommend that the Total Base Bid and Additive Alternate NO.1 be awarded in the amount of $3,009,625 to Ramos Industries Inc. of Pasadena, Texas. CONTRACT TERMS: The contract specifies that the project will be completed in 240 calendar days. Completion is anticipated by November 2005. H:~IeIGEN\Drainage\2174\ConstnJction\AGENOA BACKGROUND.doc EXHIBIT "A" Page 3 013 I ~ ... ... ... ; u 00 000;> ~llo; ...~ ~O ,",U 0,", ZO 0>- ...... ...... <U ...ll O;>c ~Z ...ell ~I";l I";ll";l oo~ Zc I";lZ ~I";l 0'"' uO ... Z I";l ~ ... ~ I";l ~ " == ... en .S ... '" '" .~ == I";l == o .... '" ." - o C f-i =-.; .:i '" '" '" llo; l)I) '" ... c '""' - o Z S = ." == '" ." ." < ." liS o ~ '-' = = = Q = 'f" ..... .... ;; '" o U .... o == o .~ .S c.. o '" .... '" '" .S "" == I";l >. ~ ." '" .... " - = ,J:J " ... '" ... " ~ '" " ." == '" - " U 'f"= ='f" ~..... . d ;:: 0 .~ ~ 't ,J:J- S c.. '" S (,I UO '" ~.... o Q:; ~ 1;1.9 ~... ...: if1~ . ~ ... <J '" ' d 0 0 '""....:10 , - 000 '" <J"<T '" ca~o -,.,.,:r: ""' ~ ~ ... o , - . 00 OM ~'Botn 1:l....:1~] o ~ K U U~O'" s< ~ fr '" ~ 0 0 ~Qo..:U N -d ;. @ . " g 0 ~ -"'F- .'" ",,, . '" '" " '5 " c:: '" 0.. 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Contingencies (10%)................................................... Consultant (Goldston Engineering)-Pro-rated Ph. 1, Part A Engineering Reimbursements....................................... Construction Inspection Activity..................................... Geotechnical Services................................................. Construction Material Testing........................ ............. Misc. (Printing, Advertising, etc.).................................... Total....................................................................... . $3,704,401.00 $3,009,625.00 300,000.00 191,495.00 105,000.00 49,600.00 17,500.00 24,781.00 6,400.00 $3,704,401.00 EXHIBIT 'C' Page 1 of 1 \Mproject\councilexhibits \exh2174.dwg I! ""' -\-\1'\ CO\{,'J'~ ' * / - I ~- MJ DIW"-"lE DY LEGEND; GRAPH~C SCALE (5)' o '409" eoo' , ~_eoo' _ - TRUNK MAIN ~ INLETS " REPLACE CURB & -. GUTTER & SIDEWALKS _ _ DRAINAGE STUDY UMrrS PROJECT LOCA nON MAP NOT TO SCALE PROJECT No. 2174 EXHIBIT "0" L1NDALE/CHENOWETH SUBDIVISION AREA DRAINAGE IMPROVEMENTS PHASE 1, PART -An CITY OF CORPUS CHRISTI, TEXAS ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 E DATE:: 01/04/2005 '- - 6 CITY COUNCIL AGENDA MEMORANDUM January 11, 2005 AGENDA ITEM: Motion approving the allocation of $70,500 from the Hotel Occupancy Tax Fund and $22,000 from the General Fund to fund grant contracts with 17 arts and cultural organizations. Funding is authorized in the FY 2004-2005 budget. ISSUE: Annually funds are allocated for Arts & Cultural Subgrant Awards. The Arts & Cultural Commission makes recommendations for allocation of these funds and refers their recommendation to City Council. The Arts Grant guidelines require City Council approval of all subgrant awards. REQUIRED COUNCIL ACTION: Allocation of the Arts Projects fund and the award of the art subgrant allocations to the arts organization must be approved by the City Council. RECOMMENDATION: It is recommended that a motion be made to approve the allocation of $70,500 from the Hotel Occupancy Tax Fund and $22,000 from the General fund to fund a total of 17 arts and cultural organizations. Funding is authorized in the FY 04-05 budget. avlik, Director & Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information X Subgrant Spreadsheet X AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Annually, the City Council includes funding in the operating budget for support to various non-profit arts programs in the City. The Arts & Cultural Commission (formerly the Municipal Arts Commission) solicits requests from local organizations and then makes a recommendation of funding to the City Council. The recommendation for FY 04-05 is based on a two-part evaluation of grant applications by the Arts and Cultural Commission members and the Cultural Enrichment Sub-Committee of the A C. C. The recommendations are based on artistic merit, community needs, impact on tourism, the applying organization's ability to match the grant, (50% of the total project award) and how well the product is marketed. A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986 modeled after the Texas Commission on the Arts Peer Panel Review and has been updated regularly since. The process uses a worksheet rating system that addresses specific questions on the quality of each grant request. The final recommendation is adjusted mathematically to the amount of funds available. Applicants have the option of applying for up to two grants, for a grant total of $1 0,000. This year, 25 project grant requests totaling $145,775, were received. The ACC is recommending that the 25 project grant requests from 17 arts and cultural organizations be funded. The Arts Subgrant Guidelines define a process that provides an organization with two opportunities to appeal their recommended level of funding - first with the ACC and then with the City Council. This year there were no appeals. No organizations were denied funding through the Hotel Occupancy Fund guidelines for the fiscal year. The total allocation recommended by the Arts & Cultural Commission to the arts organizations is $92,500 for art subgrants. PRIOR COUNCIL ACTION: $128,500 from the Hotel Occupancy Tax Fund and the General Fund was authorized in the FY 2004-2005 budget for arts projects. BOARD/COMMITTEE REVIEW: The Arts & Cultural Commission approved the recommendation to the City Council at their December 9, 2004 meeting. FUNDING: The total recommended allocation of $92,500 is to be funded from the FY 2004- 05 budget authorization for arts in the Hotel Occupancy Tax Fund and the General Fund. Hotel Occupancy Tax Fund Funds Available: $70,500 (FY 2004-05 Budget) $22,000 General Fund Recommended Expenditures: $ 92,500 Art Subgrants $ 92,500 Total Funding $ 92,500 Total Expenditure III 'E l'G ~ C 1'1 ...... .... l8 M M It) ~ 0 ..,. en en 1'1 M 0 It) <X> en Uli It) 1'1 <0 0 en 0 w l'- <X> <X> L() It) l'- <0 ...... CD -.:t: ....., en ~ ...... ....., <0 0 It! 1'1 It) It) l'- C ...... ~ ~ M al 8i r-: al N cO ..; <X> ...... ci M U; 1'1 d5 ..; ..; ...... ci cD cD ..; a:: 0 <0 en l8 <X> <X> It) en ..,. Ol <X> &1_ en M CD 0 0 M l'- ...... <0 ~ 1'1 <X> CD ..,. N C\[ CD M <0 0 1'1 <X> co.. ..,. M_ l'- It) 0 L() 1'1 M Ol Ol ai M M l'- r..:- l'- M cD 1'1- M ..,.- M M .... It) .... .... N" .0 N" .... 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III . ,0 ...... ,1'1 C') ..,. It) <0 l'- lXl OJ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1'1 1'1 1'1 1'1 1'1 1'1 - c l! Cl J:l ::::J en II) <:) <:) N o o ci o It) 1'1 en It) l'- l'- It)- ..,. .... ~ Q) 'e a. It) ~ Ul C o :;:::; <11 N 'c <11 ~ o l'- .... 7 AGENDA MEMORANDUM January 11, 2005 SUBJECT: Bay Trail Phase 3 - Project No. 3229 AGENDA ITEM: Ordinance appropriating $316,400.00 from a Local Transportation Project Advanced Funding Agreement grant from the Texas Department of Transportation in the No. 1071 Community Enrichment Fund to provide funding for the Bay Trail Phase 3 project; by increasing appropriations by $316,400.00; and declaring an emergency. ISSUE: Funding was not appropriated at the time the Council authorized execution of the Advanced Funding Agreement. Funds must be appropriated prior to expenditure. FUNDING: Project funding will be available upon appropriation. RECOMMENDATION: Approval of the ordinance as presented. ;" IIR ~~4~WV ~~.5 ~ R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A Background Information Exhibit B. Advanced Funding Agreement Exhibit C. Location Map H:\HOME\KEVINS\GEN\PARKS\BA YTRAIL \Phase3\AppropriationMemo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: TxDOT Advanced Funding Agreement - Bay Trail, Phase 3 Project No. 3229 BACKGROUND: The proposed Bay Trail Phase 3 provides a unique addition to the Corpus Christi community. In addition to providing pedestrian and bicycle modes of travel to schools, parks, and shopping areas, the location provides opportunities for pedestrians and bicyclists to view the City's diverse natural habitat and wildlife. The area is also noted for its archeological sites, wetlands, and as part of one of the County's largest drainage basin. Phase 3 will begin at South Padre Island Drive and connect to the closed section of the Holly Road right-of-way. Phase 3 includes the construction of a connecting trail to link the railroad bridge and the end of the pavement on Holly Road. Property acquisitions include land owned by the Naval Air Station and two private individuals. The Naval Air Station will convey a permanent forty-foot easement to the City of Corpus Christi for the project. The remaining property for the trail will be acquired from the property owners fee simple and through donation. The owners are supportive of the project and have agreed to negotiate the terms of the sale. Acquisition must occur after the approval of the Advanced Funding Agreement to allow the land to used for the required local matching funds. Additional property will be acquired for future phases of Bay Trail and for preservation of wildlife and natural vegetation unique to the Cayo del Oso. Phase 3 will provide for the construction of some 4,400 linear feet of ten-foot wide concrete sidewalk/bike trail, signage, bollards, reflective pavement markings, water piping, electrical/telephone conduit, two pedestrian bridges, and other improvements. PRIOR COUNCIL ACTION: 1. Mav 3, 2001 - Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program Grant to construct Bay Trail Phase 3 (Resolution No. 024439). 2. December 17. 2002 - Ordinance Adopting the FY 2002 - 2003 Capital Budget and Capital Improvement Planning Guide which included Bay Trail, Phase 3, as Park and Recreation Project No. 44 (Ord. # 025144). 3. March 5. 2003 - Resolution authorizing the Acting City Manager, or his designee, to execute a Local Transportation Project Advanced Funding Agreement using an in- kind contribution (Real Property $400,00.00) as the local match for the Bay Trail Exhbit A Pa e 1 of 2 H:\HOMEIKEVINSIGENIPARKSIBA YTRAIL IPhase3\AppropriationOrdBkgExhA.doc Phase 3 project (Resolution No. 025227). AGREEMENT: The City is responsible for land acquisition, environmental assessments, mitigation, permits and project design. The City will be reimbursed 80% of these services based on compliance with the Local Government Project Procedures. The Advanced Funding provides a total budget of $747,900 with expenditures authorized for: . engineering services - $85,000; · environmental services - $45,000; · real property costs - $186,400; and . construction costs - $431,500. The City will be reimbursed for engineering, environmental and real property costs. TxDOT previously required the City to fund the cost of engineering and environmental services. TxDOT also agreed to waive the City's share of fees for engineering review and construction management. The City would be responsible for any costs in excess of the project budget. TXDOT will let and pay for the construction contract. See Exhibit B. COMMUNITY SUPPORT: The City has received the support of several organizations and committees for this project. They include: · Corpus Christi Convention and Visitors Bureau . Beautify Corpus Christi . Coastal Bend Bays and Estuaries Program . Coastal Bend Land Trust . Corpus Christi Chamber of Commerce . Naval Air Station Corpus Christi . Water Shore Advisory Committee . Park and Recreation Advisory Comittee . Planning Commission . Transportation Advisory Committee . Metropolitan Planning Organization H:\HOME\KEVINS\GENIPARKS\BA YTRAIL IPhase3\AppropriationOrdBkgExhA.doc ~-_.- _.,._......~, .'- _.- -_. --.- . . . 0111.~M.',-" CSJ: 0916-35-112 Project: 2002 (210) TE STATE OF TEXAS fi fi COUNTY OF TRAVIS LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Transportation Enhancement Prolect This Local Project Advance Funding Agreement (LPAFA) Is made by and between the State ot Texas, acting by and through the Texas Department of Transportation, hereinafter called the 'State", and the City of Corpus Christl, acting by and through its duly authorized officials hereinafter called the "Local Government" WITNESSETH WHEREAS, a Master Agreement between the Local Govemment and the State has been adopted and states the general tenns and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Local Govemment prepared and submitted to the State a nomination form for consideration under the Statewide Transportation Enhancement Program for the project which is briefly described as Bay Trails Phase III, Hike and Bike Trail, hereinafter called the Project; and WHEREAS, the Texas Transportation COmmission passed Minute Order 108808 awarding funding for projects In the 2001 Program Call ot the Statewide Transportation Enhancement Program, including the Project; and WHEREAS, the rules and procedures for the selection and administration of the Statewide Transportation Enhancement Program are established In 43 T AC Sections 11.200 et seq.; and WHEREAS, the governing body otthe Local Govemment has approved entering into this LPAFA by resolution or ordinance dated .J -$- 03 , which is attached hereto and made a part hereot as Attachment A; J-S"- "') ~. tIl,L.. 1JIu/05 NOW, THEREFORE, in consideration of the pr ises and ot the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it Is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement or for the conditions, and in the manner, desaibed herein: A. The termination of this LPAFA shall extlnguish all rights, duties, obligations and liabilities of the State under this agreement. Revised 04.09.01 , Page 1 of 6 . . CSJ: 0916-35-112 Project: 2002 (210) TE If the potentiallennlnation of the agreement is. due to the failure of the Local Governmenllo fulfill Its contractual obligations, the State will notify the Local Govemment that possible breach of contract has ocaJrred. The Local Govemment should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Govemment withdraws from the Project after lhe agreement is executed, It shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. . C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this LPAFA will be appropriately terminated. A Project may be eliminated from the program If: . i. The Local Govemment falls to satisfy any requirements of the program rules cited as 43 T AC 911.200 et seq. ii. The Implementation of the Project would Involve significant deviation from the activities as proposed in the nomination form. iIi. The Local Govemment withdraws from Plilrticipation in the Project. iv. The project Is not Implemented within a reJ'lsonable time, as determined by the State in consultation with the Local Govemment. In absence of infonnatlon suggesting that a shorter or longer period is appropriate, three years or less from the date of Inclusion in the Statewide Transportation Improvement Plan (STIP) will be presumed to be a reasonable time. v. The State detennines that federal funding may be lost due to the Project not being Implemented and completed. 3. Amendments of this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for the Project, which is at the location shown in Attachment B, Project Location Map, as described in the nomination form and as approved by the Texas Transportation Commission, consists of construclion of a Hike and Bike Trail. 5. Right of Way and Real Property Acquisition shall be the responsibility of the Local Government. as stated In the Master Agreement with the following additional requirements: '. A. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and dear of all encroachments. The Local Govemment shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Govemment shall be responsible for securing any additional real property required for completion of the Project. B. In the event real property Is donated to the Lcx,:al Government after the date of the State's authorization, the Local Govemment will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Govemment's appraisal. detennlne the fair market value and credit that amount towards the Local Government's financial share. RevIsed 04.09.01 Page 2 of 6 . . CSJ: 0916-35-112 Project: 2002 (210) TE If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Govemment for any real property acquired before execution of this agreement and the State's issuance of a letter of funding authority. C. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. D. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State a\ld to submit to the State a tabulation of the values so determined. signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown In the component parts of land takeri, itemization of improvements taken, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of Infonnation or reports used In calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to prOceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acqul!ilitions on these values. E. Condemnation shall not be used to acquire real property for this enhancement Project. F. Reimbursement for real property costs will be made to the Local Govemment for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this agreement. Reimbursement will be in an amount not to exceed eighty percent (8()%) of the State's predetermined value of each parcel. or the net cost thereof, whichever is I~. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title. and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. G. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this LPAFA. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. This agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 6. Utility adjustments will be provided by the Local Govemmenl as required and as stated in the Master Agreement unless otherwise specified in the nomination form for the Project and approved by the State. 7. Environmental assessment and mitigation will be carried out as stated in the Master Agreement without exception unless otherwise specified in the nomination form for the Project and approved by the State. These costs will not be reimbursed or. credited towards the Local Govemment's financial share of the Project unless specified in the nominating form and approved by the State. Revtsed 04.09.01 Page3ot6 CSJ; 0916-35-112 Project: 2002 (210) TE 8. Certification. Forty five (45) days prior to any COflstruction contract let date, the Local Govemment shall provide a certification to the Slate that all real property has been acquired, all environmental problems have been remedlated, and all conflicting utilities have been adjusted. . . 9. Architectural and engineering services will be prOvided by the Local Government. Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. A. The architectural contract documents shall be developed in accordance With the standards of the American Institute of Architects, the U.S. Secretary of the Interior's standards for Historic Preservation Projects, standards and GuldeUnes for Arch8Ology and Historic Preservation, the National Register Bufletln Number 36: Guidelines for Evaluating and Registering Historical Arch8Ologlcal Sites and In consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with the State's applicable Standard Specifications forConstruction and Maintenance of Highways, streets and Bridges and the two AASHTO publications, "A Poflcyon Geometric Design of Highways and Streets' and "Guide for the Development of Bicycle Facilities,' as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established In the standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by the State. In writing in advance. B. The Local Government shall submit any plans it has completed to the State for review and approval. The Local Government may also sl!binit the plans to the State for review anytime prior to completion. The Local Government shall ma.ke the necessary revisions determined by the State. The Local Government will not let the construction contract until all required plans have received State approval. C. The Local Government shall submit to the State all documentation relating to actual costs incurred for providing architectural and engineering services. Reasonable, allowable, and allocable costs incurred by the Local Government, after the Local Govemment has obtained written authorization from the Stale to incur costs, Will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the eligible actual costs. 10. Construction. The State will be responsible for the letting and award of the construction contract, as stated in the Master Agreement, without exception. Any field changes, supplemental agreements or revisions to the design plans which may occur after the construction contract is awarded will be submitted to the Local Government for review and approval prior to the State authorizing the contractor to perform the work. .Prior to completion of the Project, the State will notify the Local Govemment of the antlcipate$1 completion date. The Local Government will be afforded the opportunity to assist the State In-the final review of the construction services performed by the contractor. 11. Project Maintenance. Upon completion of the Project the Local Government will be responsible for maintaining the completed facility for public use for a period of at least ten (10) years. Any manufacturer warranties extended to the Local Government as a result of the Project shall remain in the name of the Local Govemment. The State shall not be responsible for honoring any warranties under this agreement. 12. Local Project Sources and Uses of Funds A Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided in AtW...~c, Jlhowing the total estimated development cost of the Project. This estimate shows the itemized cost of real property, utilities, environmental assessments and remediation. architectural and engineering activities, construction, and any other substantial items of cost. Revised 04.09.01 Page 4 of 6 . . CSJ: 0916-35-112 Project 2002 (210)TE or replats, result In Increased costs, then, .any Increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such right of way acquired by the State shall mean the totalexpense$ln acquiring the property interests either through negotiations or eminent domain proceedings, Including expenses related to relocation, removal, or adjustment of efrgible utilities. 13. Lobbying Certification. The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds, but that If any lobbying occurred. it has been reported to the State, pursuant to the requirements of the Master Agreement. 14. Document and InfonnaUon Exchange. The Local Govemment agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation In a MicrosofMj) Word or similar document. If.requested by the State, the Local Government will use the State's document template. The Loc.al Government shall also provide a detailed construction time estimate Including types of activities and month in the fonnat reqUired by the State. ThIs requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or profeSSional provider. 15. Incorporation. The Master Agreement is Incorporated into this agreement as if fully set forth herein. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IifTESTlMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT THE STATE OF TEXAS "" Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect ot activating and/or canylng out the orders, established pofides or work programs heretotore approved and authorized by the Texas Transportation Commission. n . er D. Soldano. Director ontract Services Office Date: By: Approved as to Ionn: ~oJ> Date: RevIsed 04.09.01 Page 6 of6 ; , I I I i I - i "" I A: ... I @l = I << :z I ::l 0 ;:) I .., ..., 1 i: I z I "" e ~ I :z: ;:: -u ! . ... ~z: I "" .... 0 I l: U ... ;.: ~ ~ . I m: ... , t '" ~ I z: j I _. .... ... :;; i: 2~ i << J- r.l)O I -!"W I 'tM = t: :..: ~ - ~ I :A :i:r , ~ to- ~ I ~ u 5: "" i:i .:. 1M Iii ~ I i ~l .;;;j , JB: ~~ I . ~ "" i u.. 1 ... I ... .z: u I a '00 a <:3 ;::a I '" ... ... !I,', <<I "" I ~ '1:\ -~-) 1 ".. ~ 4- .~ ~l ~ ,ot: q.: ,~ fA. - .~... .. i: .. " :: . :: .' .. .' .' :: .. ,. ,. I .. " .' $ .' .-i .) .. ~ lC ~ .. .. '" II: Ii: a. .I '" I: - ."v! AL "" 00: ~ I 1 ! I ~:a)jii '. i .;:l'i!> -----' , . j 1 ! . j I i j i , . . CSJ: 0916-35-112 Project: 2002 (210)TE ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS ITEMIZED BUDGET Preliminary Engineering: Watt Activities: Preparation of PS&E Surveying and testing Total Preliminary Engineering Costs Environmental Costs: Work Activities: Environmental mitigation Environmental documentation Environmental permitting Total Environmental Costs Real Property Costs: Work Activities; Appraisal for in-kind donations Surveys Purchase or 30 fl easement (Hammonds prop) Purchase of 89 aae tract (Carr property) Purchase of acre tract (Peterson property) DeedITitIe searches Transfer fees Total Real Property Costs Construction Costs: Work Activities: Embankment Excavation Removal of curb and gutter (SPID frontage road) Mobilization Barricades, signs, traffic handling SmaU roadside sign assembly Conaete sidewalk 10ft. wide Bollards Temporary security fence Reflecllve pavement markings PVC pipe (water) 1-3" PVC --tP Revlsed 04.09.01 Page 1 of 3 Quantfty 3 3 375k donated 25k donated 3 3 2.271 cy 1520 cy 20 If 1 Is 6 mo. ZOea. 4,900 sy 6 ea. 300 If 4,378 ft. 4,400 If Unit Price 60,000.00 25,000.00 25.000.00 10,000.00 10,000.00 2,000.00 8,000.00 100,000.00 0.00 54,000.00 300.00 500.00 13.50 6.00 20.00 42,008.00 1,000.00 15.00 30.00 1,300.00 5.50 4.00 6.00 Cost 60,000.00 25,000.00 $85,000.00 25.000.00 10,000.00 10,000.00 $45,000.00 6,000.00 24,000.00 100,000.00 0.00 54,000.00 900.00 1,500.00 $186,400.00 30,660.00 9,120.00 400.00 42,008.00 6,000.00 300.00 147.000.00 7,800.00 1,650.00 17,512.00 26,400.00 Attachment G . Chain fink fence Conduit (telephone, lights) 2.3' PVC Pedestrian bridges Temporary sedimentation fence Remove chain link fence Total Construct/on Costs 1,950 If 8,800 If 2 ea. 4,380 ea. 1,800 If TOTAL ITEMIZED BUDGET: $747.900.00 Revised 04.09.01 Page 2 of 3 . 20.00 5.40 15,000.00 3.50 6.00 CSJ: 0916-35-112 Project: 2002 (210)TE 39,000.00 47,520.00 30,000.00 15,330.00 10,800.00 $431,500.00 Attachment C . . . . CSJ: 0916-35-112 Project; 2002 (210) TE ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS SOURCE OF FUNDS REQUESTED Total Itemized Budget (from page 1 ) 1. $ 747.900.00 In-Kind Contributions (If applicable): Real Property $ 400.000.00 Cash $ Materials $ Services $ . Totalln-Kind Contributions 2. $ 400.000.00 Subtotal Value of Project (Line 1 + Line 2 ) 3. $ 1.147.900.00 Administrative Expenses (20% of line 3) 4. $ 229.580.00 Total Value of Project (Line 3 + Line 4) 5. $ 1.377.480.00 Local Match: 20% of Total Value of Projects (Line 5) 6. $ 400.000.00 Less In-Kind Contributions (Line 2) 7. $ Local Match (Line 6 less Line 7) 8. $ Federal Funds Requested (80% of Line 5) 9. $ $977.480 RevIsed 04.09.01 Page 3 of 3 Altachment C = <..) = ..... '"'-1 co '"'-1 ~ T ~llll III .....12 .....~ lJJeJ .....v, T- .,., ~<.> Q Ij... Q I.U~ 0 S i::l ....J<: T- ~ .....'" ~C'i Q 2~ '. ~ I.U u.... (!J (Ii <: ~ 0<1- -J >-~ ..{)7, ~ .....'" 0"" .... .....~ Lu U..., '" Q iIi ~ 0... Lu ~~ '" <5 J: v, ~I=' I- ...... .... (.,) Q ~ CI) <: ~ 0 0: Vl ,. () a... ~ fll ~ <: (\J .,: a !<1 Vl u llJ ii:' ~ C/) l:: '" Lu U . ~ ~ " Vl oi -J '" ~ "" 4,() a... Q ':1 a:: go a g CJ~ U Lu -..I S '" ....... "- <Xl iIi a ...- ~ ~ ~ ~ u <:; c ~ ~ <3 >- ...- l:: "ll ~ .~ e- :i- ...- ,_..... - .. --~.- - -"--~_.,-_..- .~~_. '-' ...- --...,,- _..^,~_.'_. .."-" - ORDINANCE APPROPRIATING $316,400 (FROM A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT GRANT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION) IN THE NO. 1071 COMMUNITY ENRICHMENT FUND TO PROVIDE FUNDING FOR THE BAY TRAIL PHASE 3 PROJECT; INCREASING APPROPRIATIONS BY $316,400; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $316,400 from a Local Transportation Project Advanced Funding Agreement Grant from the Texas Department of Transportation in the No. 1071 Community Enrichment Fund to provide funding for the Bay Trail Phase 3 Project. SECTION 2. That appropriations are increased by $316,400. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal. Jr. Mayor APPROVED: ;:Id AI .E: ,2005 J hn P. Burke, Jr. ssistant City Attorn For City Attorney Laurie\JobnBurke\OrdRes2005\appr048ay Trail Phase 3.lla Corpus Christi, Texas Day of ,2005 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, Mayor 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 Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Laurie\JohnBurke\OrdRes20OS\appr04Bay Trail Phase 3.lIa 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 11, 2005 SUB-IECT: Southmoreland Addition Area Street Improvements, Phases 3B and 4B (Project No. 6172) - AMENDMENT NO.1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services with Goldston Engineering, Inc. in the amount of $227,831 for a total restated fee of $292,041 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B. ISSUE: The preliminary phase of this street project has been completed and now an amendment is needed to prepare the design, bid and construction phases as well as certain additional services for street reconstruction and utility improvements. FUNDING: Funding for this project is available in the FY 2003 CDBG program and FY 2002 -2003 Capital Improvement Programs. RECOMMENDATION: Staff recommends approval of the motion as presented. c7J;Q ~ J athan Wagner Acting Director, Neighborhood Services [;c? tP ( 06 0 ngel R. Escobar, P. E. Director of Engineering Services Addl!lonal SUDDort Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\HOMElRachelleIGENlStreetsl6172\Amendment No. 1IAgenda Memo.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southmoreland Addition Area Street Improvements Phases 3B & 4B (Project No. 6172) - AMENDMENT NO.1 PRI~ COUNCIL ACTION: 1. Februarv 25. 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with Goldston Engineering, Inc. in the amount of $64,210 for the Southmoreland Addition Area Street Improvements, Phases 3B & 48. (Motion No. M2003-Q76) 2. Februarv 10. 2004 - Approval of the Fiscal Year 2003-2004 Capital Improvement Budget in the amount of $173,624,300. (Ordinance No. 025647) fB!QB ADMINISTRATIVE ACTION: 1. Februarv 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). FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project. PRO,a:CT BACKGROUND: This project is part of the ongoing CDBG improvements being made throughout the city. Previous phases of this project included; · Southmoreland Phase 3A - Lewis Street from Richard Street to Clemner Street · Southmoreland Phase 4A - Ramsey Street between Norton to Brawner Parkway Repairs to these streets have included reconstruction of street pavement and installation of underground storm sewers, curbs, gutters, sidewalks and driveways, as well as replacement of waterlines and elimination of roadside ditches. The poor condition of the aged infrastructure and location of the Southmoreland neighborhood was the basis for inclusion in the CDBG Program. This is an older area of town and is characterized by inadequate underground storm water capacity as well as curb and gutter sections that have sunken, cracked and rolled, resulting in ponding water. EXHIBIT "A" Pa 1 of2 H:~Ia\GEN'lSireew16172\Am9ndrnent No. 1\AQendB Background.doc ~DMENT NO, 1: The proposed Amendment No. 1 will provide the Stage 2 engineering design work to upgrade the applicable portions of the existing Fannin, Lewis, Norton, Naples and Watson Streets to a curb and gutter section with underground storm drains and sidewalks. New water and wastewater lines will be installed to replace the existing aged lines. At this time, there is no funding for the construction of this project. It requires approval of the CDBG program by the City Council before construction can begin. ~RACT SUMMARY/FEE: A contract summary and summary of fees is attached as Exhibit "B." H:~EN\StNiet:a'B172\Amendrnent No. 1\1lQenda B8ckgr0und.doc CONTRACT SUMMARY Southmoreland Addition Area Street Improvements Phases 38 & 48 1. SCOPE OF PROJECT: Southmoreland Addition Area Street Improvements, Phases 3B and 4B (Project No. 6172) The proposed Amendment No. 1 will provide the engineering design and survey services to upgrade the applicable portions of the existing Fannin, Lewis, Norton, Naples and Watson Streets to a curb and gutter section with underground storm drains and sidewalks. New water and wastewater lines will be installed to replace the existing aged lines. 2. SCOPE OF SERVICES The AlE hereby agrees, at its own expense, to perform design and survey services necessary to prepare plans, construction bid and contract documents, as described in EXHIBIT A. In addition, AlE will provide monthly status updates (project progress or delays, gantt charts, as requested, presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-1, to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Complete Complete Begin Preliminary Phase (Design Memo) Complete Complete Preliminary Phase Submittal Complete Complete Approval of Design Memo Monday 1/31/05 Begin Design Phase Friday 3/4/05 60% Submittal Friday 3/18/05 City Review Friday 4/15/05 100% Submittal Friday 4/29/05 City Review Friday 5/13/05 Final Submittal Monday (2) 5/23/05 Advertise for Bids Wednesday 6/1/05 Pre-Bid Conference Wednesday 6/15/05 Receive Bids Wednesday 6/29/05 Award Construction Contract Monday 7/13/05 Begin Construction Weekday 12/14/05 Construction Completion H:~\GEN\Stf8t!ll$"Bl72\AmendmQnt No. 1 \Contract Surmmy.doc EXHIBIT "8" Page 1 012 4. FEES ORIGINAL CONTRACT: Streets & Storm Wastewater Water TOTAL Water A. BASIC SERVICES 1 I Preliminarv Phase $28,352 $8 429 $8.429 $45,210 Sub-total Basic Services 28.352 8429 8429 45 210 B. ADDITIONAL SERVICES 31Topograohic Survey 13000 3000 3000 19000 Sub-total Additional Services 13000 3000 3000 19000 TOTAL-QRIGINAL CONTRACT $41 352 $11 429 $11429 $64,210 AMENDMENT NO.1: PHASE3B PHASE4B Streell & Wastewater Wotar S1rooto& Wutew...r w., Storm Water Storm We_ TOTAL A. BASIC SERVICES 1 Preliminarv Phase $0 $0 $0 $0 $0 $0 $0 2 Desion Phase 34 557 17,532 17,531 38,986 19,757 19756 148119 3 Bid Phase 891 483 483 1,005 544 544 3950 4 Construction Phase 1,252 678 679 1,382 ng 780 5550 Sub-lolal Basic Services 36,700 18,693 18,693 41.373 21,080 21,080 157,619 B. ADDITIONAL SERVICES 1 Penmit Preoaration 0 0 0 0 0 0 0 2 ROW fAcauisllion Survevl 0 0 0 0 0 0 0 3 Toooarllllllic Survey 10,545 5,786 5.785 12,087 6042 6042 48 287 4 E~~enhUlssues 0 0 0 0 0 0 0 Construction Observation 5 Services 0 0 0 0 0 0 0 6 WarrantY Phase 0 0 0 0 0 0 0 TDLR Coordination! 7 Submittals 1,500 500 500 1,500 500 500 5000 8 Traffic Control Plans 7,000 1,000 1,000 7,000 1,000 1925 18925 Sub-total AddKional Services 19045 7286 7285 20 587 7542 8467 70212 TOTAL-AMENDMENT NO.1 $55,745 $25 979 $25,978 $61 960 $28 622 $29 547 $227831 TOTAL AUTHORIZED FEE: $292 041 ORIGINAL CONTRACT: $64,210.00 AMENDMENT NO.1: $227,831.00 TOTAL RESTATED FEE: $292.041.00 File: \Mproject\councilexhibits\exh6172.dwg ,~. \1<\~1 1"- / / J~ \\;tjf ,:J / "'- Ii r 1f \- '" / It If -r "'I '\ /^GNES !;. ~\ ill ~ ~V~~ I); ~~ (,I' '". r' w~(ff ,\ SITE --DI ~\ rt ~ \\\.J ~ ..--1- ...... 0'~\\\\J \~ /'1 '\\' ~^ '" ~ \.-- k \' \i' ......\\ 0 '\ \ hh'-i \ i2Pl ;.....\ NORTON ST. ~ ~ - ~ S ~ == ~WDR =~~= _--:- --'- --'- ~ --'- ~ --'- ~ /- I-'- --'- , . --'- .-- --'- i ~ cD ,\:;: \yy~\.\J... : ~ 'r"S Y r ..1,\J --'-D .. e-:- ~ l- I--'- ~ ,Fl -} ~ . . il . ,..:... ~ j~..\ .. . \W\~..-"r...:X ~. .. '- <{! . (2) I--\- . \--'- . ~ ....-l' ~. I-:- .. .. \-'- I- , ,\I'\~KK ..1--,- f-.: I--,-- ~ -c~ 'C . \l\v~ ~ 1..~ (JJ lr) ~ PROJECT No. 6172 d~~j\~l- VICINITY MAp.~. ~ . == t= ~ ~ e-:- LEGEND. . ___' NOT TO SCALE --1 cti... ~ =:::::::=:::~~ ,~(~ +:r;fi\~E:H~I: ,~~ <J). t~ ~ !< ~-w NOT TO SCALE / >>J~'(H'\:: W~ SOUTHMORELAND ADDITION STREET IMPROVEMENTS PHASE 38 and PHASE 48 CITY COUNCIL EXHIBIT City of Corpus Christi, Texas PAGE 1 of 2 DATE:Ol 06 2005 ~ -- - - - - Department of Engineering Services File: \Mproject\councilexhibits\exh60BO.dwg = /' "" / />>~ j BD III I1III1 ~ ~s / f BALDWIN ~ ~)t---..~'~ ~ .....~'" J.j.ISITE ill '-' V _~"'~V\; ~ ~ ~ '" ....."'~ ~4~~~ ,~ ..r~ W.PONT L '", '\ I- ~..~ &."'g I- VICINITY MAP ~ f- SOUTHMOREL PHASE I D~ w " ~ _______'I: ~'..... eJ >= '1:-,. IT 'J~~V)n AVE. ~~ ~ ~~~ := ~,V ~~ f- --- '--- f-- - '" "- - r----- I "" ~ -H/ f- - f- r---- f--- r-- r---- f--- r-- r---- - f--- r-- r---- - f--- r-- r---- - f--- r-- - f--- ~ - f---~. .1 ~ ~L)/ ~ r--::::: ~~=~ --- - ---- i:: -- - bT- -- - ---- _I-:-- - _I-:-- - _f-- - _r-- - _r-- - r-- - ::::::::--- - _r---- ~ - - - ~ F- r-- I ;~ ~ ~ QI - - - ~ - , - - f- .\: If- r; r-- ).. r-- /"" II III I {= DEL MAR COLLEGE NOT TO SCALE ~- ~ SHt y ~I ST. 0 o EDWARDS ST. TARLTON ST. 1 r II SOUTHMORELAND - PHASLj '/ I I f-- I Ii LOCA nON MAP NOT TO SCALE - CITY PROJECT No. 6080 EXHIBIT "e" SOUTHMORELAND ADDITION STREET IMPROVEMENTS PHASES I & 2 CITY OF CORPUS CHRIST1, TEXAS CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DA TE: 0 1-06 - 2005 ~ -- - - - - 9 AGENDA MEMORANDUM DATE: January 11, 2005 SUBJECT: J. C. Elliott Landfill- Final Cover Phase 3 (Project #5174) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner, Moseley and Associates, Inc. in an amount not to exceed $160,000 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. b. Motion authorizing the City Manager, or his designee, to execute a materials testing, laboratory services and liner construction documentation contract with Trinity Engineering I Kleinfelder in an amount not to exceed $90,773 for the J. C. Elliott Landfill Sector Final Cover Phase 3 project. ISSUE: The Texas Commission on Environmental Quality (TCEQ) requires that landfill final covers be designed and constructed in accordance with applicable regulations. This must be documented and submitted to TCEQ as part of the closure process. RECOMMENDATION: Approval of the motions as presented. I -Iffy Dl7-~ plan irector of Solid Waste Services &~p,v -/. el R Escobar, P.E. irector of Engineering Services Attachments: a. Additional Information b. Contract Summaries c. Site Map H:\HOME\KEVINS\GEN\LANDFILL \COVER\Phase3\AELabAwdMemo.doc ADDITIONAL INFORMATION BACKGROUND: The J. C. Elliott Landfill consists of a series of disposal areas that are developed as needed. The closure of those disposal areas requires an installation of a final cover meeting TCEQ regulations. The closure plan for the landfill provides a phased closure to ensure environmental compliance as various disposal areas are filled. The present closure plan provides for final cover to be installed in six phases. Phases 1 and 2 previously closed 38.65 acres. Review indicates that some savings can be achieved by including Phase 6 with another contract. PROJECT DESCRIPTION: The project will close 13.5 acres of the southern part of the J. C. Elliott Landfill to the east of the Phase 1 and 2 closures. The engineering contract provides for the development of contract, plans, specifications and bid documents for the final cover system. The materials inspection and laboratory testing contract will provide for the performance of tests and inspections required by TCEQ during construction. This allows the project engineer to complete the required documentation that must be submitted to TCEQ. The cover system will consist of top and side covers consisting of a Geosynthetic Clay Liner, a 40-millinear low density polyethylene liner, 18-inches protective cover and a seven (7) inch erosion layer. The side slopes will also have a drainage geocompsite layer installed. PRIOR COUNCIL ACTION: Approval of the FY2004 Capital Budget, Ordinance No. 025647. FUTURE COUNCIL ACTION: Award of a contract for: . construction of the Phase 3 Final Cover system. CONSULTANT SELECTION: The firm of Shiner, Moseley and Associates, Inc. (SMA) is the lead project engineerforthe J. C. Elliot Landfill. This firm is thoroughly familiar with the permit, closure requirements and is the most knowledgeable local firm regarding current conditions at J. C. Elliott Landfill. They will be able to proceed expeditiously due to their familiarity with the TCEQ Elliott permit and J. C. Elliott Landfill. Kleinfelder has been the lead geotechnical, material inspection, and laboratory testing firm for City landfills. They are thoroughly familiar with TCEQ requirements and J. C. Elliott Landfill. H:\HOME\KEVINSIGENILANDFILL ICOVERIPhase3\AELabAwdBkgExhA.doc I EXHIBIT "An I Page 1 of 2 CONTRACT SUMMARIES: The contract summaries are attached. See Exhibit B. FUNDING: Funding is available from the Sanitary Landfill 2000 CIP Fund and the Public Health and Safety 2004 CIP Fund. H:\HOME\KEVINS\GENIlANDFILL \COVERIPhase3\AELabAwdBkgExhA.doc I EXHIBIT "An I Page 2 of 2 CONTRACT SUMMARY ENGINEER 1. Design Phase a. attend and participate in project start and planning meeting (2 meetings) with City Staff to discuss planning, design; construction sequencing, and connections to the existing facilities, and incorporate these issues into the construction plans. b. prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis; c. prepare final quantities and estimates of probable costs and probable construction schedule; d. furnish one (1) copy of 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs; f. furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of 100% complete plans and bid documents to the City staff for review and approval purposes with revised opinions of probable costs; g. provide Quality Assurance/Quality Control (QAlQC) measures to ensure that submittal of the 60%, and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated; h. if required, provide traffic controls including a Traffic Control Plan, markings and striping, and as delineated by the City Traffic Engineering Department; I. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) offinal plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans; k. assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed; I. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; and, m. provide a Storm Water Pollution Prevention Plan. 2. Bid Phase. The AlE will: EXHIBIT B-1 Page 1 of 3 a. participate in the pre-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. 3. Construction Phase. The NE: a. participate in pre-construction meeting; b. review for general conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; and h. review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. A. Additional Services The NE will: 1. Topographic Survey. Provide field surveys, as required for design and construction verification including the necessary control points, and coordinates and elevations of points required by TCEQ for the various layers installed in the I EXHIBIT B-1 I Page 2 of 3 final cover system. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). 2. Construction Observation Services. Provide Project Observation services including day-to-day detailed coordination with the City's staff and testing laboratory. FEES Summary of Fees Fee for Basic Services 1. Design Phase 62,400 2. Bid Phase 4,700 3. Construction Phase 18,700 Subtotal Basic Services Fees 85,800 Fee for Additional Services (Allowance) 1. Topographic QC/QA Survey (AUTHORIZED) 1.1 Design Topographic Survey Phase 3 3,000 Closure 30,000 1.2 Survey Phase 3 Closure QAlQC 1.3 Design Topographic Survey Sanitary Sewer 3,000 Subtotal Survey 36,000 2. Construction Observation Services 38,200 Sub-Total Additional Services Fees Authorized 74,200 Total Authorized Fee $160,000 EXHIBIT B-1 I Page 3 of 3 CONTRACT SUMMARY MATERIALS & LABORATORY IIIKlEINFElDER Workscope Description J. C. Elliott Landfill 13.5 Acre Final Cover System FCSER Corpus Christi, Texas General: The City of Corpus Christi proposes to close 13.5 acres of the Southern extension of the J.e. Elliott Landfill located east of the previously closed 38.65 acres (Phases I and II). The cover system for this particular closure will contain a GCL liner, 40 mil LLDPE geomembrane, an 18" protective cover layer and a 7"erosion layer. In accordance with Texas Commission on Environmental Quality (TCEQ) regulations and guidelines, certain tests and inspections must be made during the liner construction to verify the quality of liner construction and to allow the project engineer to complete the required documentation. The work described herein is our estimate of the number of tests and personnel time required to complete the quality control testing and FCSER documentation. We have been advised that the cover system will be constructed as follows: Top GCL 40-mil LLDPE Geomembrane 18 inches - Protective Cover 7 inches Erosion Layer Side Slope GCL 40-mil LLDPE Geomembrane Drainage Geocomposite 18 inches - Protective Cover 7 inches Erosion Layer Field Services: Kleinfelder will provide membrane specialist technicians on a full-time basis during construction of the GCL and Geomembrane liner. This will enable the technician specialist to observe all phases of the GCL and Geomembrane construction from delivery and verification of membrane thickness to the observation and documentation of the field seaming process and pressure testing. The field technician will also view the Contractor's general installation practices in relation to his QC/QA documentation and will secure all field test specimens which must be tested destructively in the laboratory. The field technician will also observe the protective cover and erosion layer installation. The field technician will report his observations and test results to the project Geotechnical engineer. Photographs will be taken to document each phase of the GCL and Geomembrane installation. The field seams of the 40-mil LLDPE liner will be examined by several field test methods in addition to destructive testing of specimens cut from the field seams at maximum intervals of 500 feet. These field-cut specimens will be shipped to the laboratory where "peel and shear" tests will be conducted. Based on our preliminary estimate of the total job seam length, we have estimated that about 82 tests may be required. This number will vary depending upon the Contractor's specific layout of the seams and the number of retest required. The number of conformance test required for GCL, LLDPE Geomembrane and Geocomposite are estimated and could vary depending upon the number of resin batches. 630YPEI 19/CCH4Pl 19 Copyright 2004, Kleinfelder December 13, 2004 IIIKlEINFElDER Conformance Test GCL 13.5 Acre Final Cover Direct Shear Permeability Clay mass/Area Geomembrane Geocomposite 2 12 12 12 4 Engineering Supervision and FCSER: Kleinfelder's management and engineering staff will supervise the field services, view construction procedures, interface with City staff, supervise all laboratory testing and complete the documentation and cover evaluation report. Mr. Don R. Rokohl, P.E. will be Project Engineer. Mr. Jerry Lipstreu, S.E.T., Area Manager will provide day-to-day coordination with our field technicians. Mr. Don R. Rokohl, P.E. and Mr. Jerry Lipstreu, S.E.T. will be available daily as needed to view general construction operations and witness our field testing services. They will also maintain an on-going file of the test results and other documentation, which will form in part of FCSER. We understand all surveying required for vertical and horizontal control of construction will be provided by a third party. The third party will also furnish tabulations of survey data for thickness verification of the protective cover and erosion layer. The FCSER document will be complete and submitted in triplicate to the TCEQ as soon as possible following completion of the final cover system and all laboratory verification testing. 630YPEI 19/CCH4P1 19 Copyright 2004, KJeinfelder December 13, 2004 III KlEINFElDER FEE SCHEDULE J.C. ELLIOTT LANDFILL 13.5 ACRE FINAL COVER SYSTEM CORPUS CHRISTI, TEXAS Description Ouantitv Unit Rate Total A. Field Service Geomembrane Services 600 hours $45.00 $27,000 (Two technicians for 30 days) Soil Services 432 hours $40.00 $17,280 (Protective Cover - 54 days) Senior Professional 54 hours $105.00 $5,670 (Project Engineer &fteld oversight) Vehicle Charge 114 trips $20.00 $2,280 B. Laboratory Testing Atlerberg Limits 20 each $62.50 $1,250 Minus #200 20 each $28.00 $560 Destructive Membrane Seam Test 82 each $60.00 $4,920 Conformance Tests a. Geomembrane 12 each $385.00 $4,620 b. Geocomposite 4 each $588.00 $2,352 c.GCL Direct Shear 2 each $675.00 $1,350 Permeability 12 each $225.00 $2,700 Clay mass/Area 12 each $50.00 $600 C. Engineering and Preparation of FCSER Senior Professional 95 hours $105.00 $9,975 (Project Engineer) Project Management 50 hours $80.00 $4,000 Graphic Design 54 hours $44.00 $2,376 (Drafting) AdministrationfTyping 40 hours $44.00 $1,760 ReproductionlBinding 45 hours $44.00 $1.980 Grand Total: $90,773 Kleinfelder will charge for only those services conducted using the unit prices shown. Any changes in workscope will be discussed with the City prior to exceeding these estimates. 630YPEl19/CCH4Pl19 Copyright 2004, Kleinfelder December 13, 2004 File: \Mproject\counci/exhibils\exh5174.dwg CITY PROJECT No. 5174 EXHIBIT "e" CITY OF CORPUS CHRISTI, TEXAS DATE:: 0 1 05 2005 ~ -- ::"' = - - J.G. ELLIOTT LANDFILL FINAL GOVER SYSTEM PHASE 3 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 10 AGENDA MEMORANDUM January 11, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an engineering services contract with IMDC, Inc. of Miami, Florida in an amount not to exceed $24,988 for a restated fee of $41,529 for the Corpus Christi International Airport Runway 13-31 Lighting and Cable Replacement project. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the motion as presented. -/9.. . d.t '....(. Dave Hamrick Director of Aviation r 1/1:: ~~~ lis/os ~ I R. Escobar, P. E. ' . irector of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Location Map H:\HOMEIKEVINS\GENIAIR\ 1 080Runway13-31 LightinglAEAmd 1 AwdMemo.doc BACKGROUND INFORMATION PRIOR COUNCIUADMINISTRATIVE ACTIONS: ADDITIONAL INFORMATION: The design of Runway 13-31 Lighting and Cable Replacement was initiated in 2002, but put on hold due to a lack of FAA funding. That contract was limited to replacement of existing lighting and cables in place. The City has successfully secured FAA funding for the rehabilitation of Runway 13-31. That project will result in the addition of 25-feet wide shoulders to each side of the runway requiring an entirely new, relocated lighting system. The project was expanded to include replacement of illuminated directional signage. The project also provides for drainage upgrades that are likely to affect other underground electrical power cables. The Runway Lighting and Cable Replacement will be included as part of the Runway 13-31 Rehabilitation project. It is anticipated that the project will require the closure of the runway for up to six (6) months. Including the lighting and cable replacement as part ofthe runway rehabilitation will avoid the need for multiple runway closures. The combination of projects reduces incidental administrative costs and improves project coordination. Runway 13-31 is the normal runway used for our prevailing wind conditions, and it is critical to minimize its closure. The project schedule is being aggressively pursued to complete construction prior to the 2005 Thanksgiving travel season. CONSULTANT SELECTION: IMDC was selected through a competitive Request for Proposal process for multiple electrical/high technology airfield projects in 2000. The process complied with FAA selection requirements and the City Professional Services Procurement Policy. The FAA does not permit a local based preference to be utilized when FAA grant funding is used. The City policy permits the use of federal or state selection processes when grant funding is involved. CONTRACT SUMMARY: The contract amendment provides for the following services by the consultant: . Layout and circuiting of new edge lighting for Runway 13-31 ; . Replacement of existing signage with reuse of existing foundations; . Preparation of additional tailored technical specifications; . Coordination with specifications for the Runway 13-31 Rehabilitation project; . Responses to request for information from the contractor; . Review of applicable shop drawings and submittals; . Provision of on-site inspections with applicable reports; and . Review of Operation and Maintenance Manuals, incorporation of as-built red-line drawings into record plans, and project closeout. The not to exceed contract fee including reimbursable expenses for Amendment NO.1 is $24,988 for a restated not to exceed total fee of $41,529. II EXHIBIT A 1\ Page 1 of2 H:\HOMEIKEVINSIGENIAIRll 080Runway13-31 LightinglAEAmd 1 AwdBkgExhA.doc FUNDING: Funding is available from the FAA Grants and Airport CIP Funds. FAA Grants will fund xx% of the cost for this contract. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. EXHIBIT A II Page 2 of 2 H:\HOMEIKEVINS\GENIAIR\ 1 080Runway13-31 LightinglAEAmd1AwdBkgExhA.doc File: \Mproject\councilexhibits\exhlOBO.dwg ~~ ..... F.w. 624 San Patricia County ~ N NUECES BAY J::: ~ I ~ ~ ,. ~ ~ i1 Ii! I" 10l < ~ 8 HWY .. ~ ~ : ~ ~ CORPUS CHRISTI BAY o ~ PROJECT LOCA nON 1000 INTERNATIONAL ORIVE CORPUS CHRISTI, TEXAS ~ ~ LOCA nON MAP <>ll NOT TO SCALE ~ CESAR CHAVEZ BLVD. N CITY PROJECT No.t080 HWY 44 AGNES RD. 10> SITE PLAN NOT TO SCALE EXHIBIT "B" AmpORTRUNWAY1~31LIGHnNGAND CABLE REPLACEMENT PROJECT CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES iJ -- - - - - - CITY OF CORPUS CHRISTI, TEXAS PAGE: 1 of 1 DATE: 01-11-2005 11 CITY COUNCIL AGENDA MEMORANDUM DATE: January 11, 2005 SUBJECT: Concrete Lined Channel Rehabilitation and Bridge Rehabilitation . Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 (Project No. 2211) . Concrete Lined Channel Rehabilitation: Carroll West (Project No. 2213) . Concrete Lined Channel Rehabilitation: Airport, Phase 2 (Project No. 2247) . Concrete Lined Channel Rehabilitation: Flynn Shea (Project No. 2248) . Bridge Rehabilitation: Kingsbury Drive (Project No. 2198) . Bridge Rehabilitation: Lexington Road (Project No. 2199) . Drainage Channel Excavation: Saratoga Boulevard Bridge (Project No. 2204) AMENDMENT NO.1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Contract For Professional Services with HDR Engineering, Inc. in the amount of $433,234, for a total restated fee of $458,207. for the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: . Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 . Concrete Lined Channel Rehabilitation: Carroll West . Concrete Lined Channel Rehabilitation: Airport, Phase 2 . Concrete Lined Channel Rehabilitation: Flynn Shea . Bridge Rehabilitation: Kingsbury Drive . Bridge Rehabilitation: Lexington Road . Drainage Channel Excavation: Saratoga Boulevard Bridge ISSUE: Various concrete lined channels and bridges located throughout the City are deteriorated and require repair and rehabilitation. The total fee of $433,234 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. RECOMMENDATIO : Staff recommends approval of the motion as presented. I l/5! Or::; J:~t- rltr A e R. Escobar, P. E., Irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:\USERS2\HOME\VELMAR\GEN\DRAINAGE\2093\AMENDMENT NO. 1 \.AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Concrete Lined Channel Rehabilitation and Bridge Rehabilitation · Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 (Project No. 2211) · Concrete Lined Channel Rehabilitation: Carroll West (Project No. 2213) . Concrete Lined Channel Rehabilitation: Airport, Phase 2 (Project No. 2247) . Concrete Lined Channel Rehabilitation: Flynn Shea (Project No. 2248) . Bridge Rehabilitation: Kingsbury Drive (Project No. 2198) . Bridge Rehabilitation: Lexington Road (Project No. 2199) · Drainage Channel Excavation: Saratoga Boulevard Bridge (Project No. 2204) AMENDMENT NO.1 PRIOR COUNCIL ACTION: 1. Februarv 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. 025647). PRIOR ADMINISTRATIVE ACTION: 1. Februarv 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). 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). 8. April 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). H:\USERS2\HOME\VELMAP\GEN\ORA1NAGE\2093\AMOENDMENT NO. 1\AGENDA BACKGROUND PRIOR ADMINISTRATIVE ACTION (continued): 10. Februarv 6. 2004 - Letter Of Notification NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of- town). 11. February 12. 2004 - Addendum No. 1 to the Letter Of Notification NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of-town). 12. September 30, 2004 - Executed Small AlE Agreement with HDR Engineering, Inc. in the amount of $24,973 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1. FUTURE COUNCIL ACTION: Construction contract to complete the proposed project. PROJECT BACKGROUND: This project is part of the Council-approved $55 Million Storm Water Capital Improvement project listing. On February 6, 2004, Letter Of Notification NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) was issued to 42 engineering firms (28 local and 14 out-of-town), of which the proposed project is included. On September 30, 2004, a Small AlE Agreement was executed with HDR Engineering, Inc. in the amount of $24,973 for developing plans and specifications to complete urgently needed repairs to the concrete liner of the Airport Ditch. Currently, this project is near design completion and anticipated to go out for bid requests in the mid-January 2005 timeframe. AMENDMENT NO.1: The proposed Amendment No. 1 includes Basic Services and Additional Services for the specified sites as follows: . Concrete Lined Channel Rehabilitation: Van Galen Phase 1 - The expansion and construction joints of this concrete lined channel have deteriorated allowing vegetative growth. Several portions of the channel liner are damaged. This project will remove the vegetation, treat the joints with a herbicide and replace the damaged liner sections. . Concrete Lined Channel Rehabilitation: Carroll West - Storm sewer lines from the adjacent subdivisions draining into the channel are partially constructed of corrugated metal pipe. These pipe sections have deteriorated. This project will replace these damaged sections of pipe and construct junction boxes where pipe diameters change. · Concrete Lined Channel Rehabilitation: Airport Phase 2 - This project is a continuation of the previously authorized project to repair damaged portions of the concrete channel liner. Due to funding constraints, these repairs may be completed under several construction contracts. . Concrete Lined Channel Rehabilitation: Flvnn Shea - The Flynn Shea channel is of similar construction as the Carroll West Channel. Storm sewer lines from the adjacent subdivisions draining into the channel are partially constructed of corrugated metal pipe. These pipe sections have deteriorated. This project will replace these damaged sections of pipe and construct junction boxes where pipe diameters change. Additionally, there are several areas of erosion near the roadway structures that will be repaired. · Bridqe Rehabilitation: Kinqsburv Drive, Lexinqton Road - These two bridges are scheduled for replacement as part of TXDOT's off-system bridge replacement program. Prior to their replacement, existing utilities (including private pipelines at the Kingsbury location) must be adjusted or relocated. This project will provide coordination between EXHIBIT "A" Pa e20f3 H:\USERS2\HQME\VElMAPl.GEN\DRAINAGE\2093\AMDENDMENT NO. 1\AGENOA BACKGROUND the utility adjustments and the bridge replacement projects. Also at the Kingsbury location the west existing west approach roadway has a substandard alignment. This curve will be straightened. · Drainaae Channel Excavation at Saratoaa Boulevard Bridae - The drainage channel north and south of Saratoga Blvd. Bridge over La Vollo Creek, just west of Greenwood Drive, is badly overgrown with under brush and has several meanders that impede the flow of water. This project is the first phase of a long term project to improve the flow characteristics of this channel. The project will remove the undergrowth and straighten the channel at select locations. CONTRACT SUMMARY/FEE: A contract summary and summary of fees are attached as Exhibit "B". FUTURE COUNCIL ACTION: Council will be asked to approve construction contracts for: . Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 (Project No. 2211) . Concrete Lined Channel Rehabilitation: Carroll West (Project No. 2213) . Concrete Lined Channel Rehabilitation: Airport, Phase 1 (Project No. 2246) . Concrete Lined Channel Rehabilitation: Airport, Phase 2 (Project No. 2247) . Concrete Lined Channel Rehabilitation: Flynn Shea (Project No. 2248) . Bridge Rehabilitation: Kingsbury Drive (Project No. 2198) · Bridge Rehabilitation: Lexington Road (Project No. 2199) . Drainage Channel Excavation: Saratoga Boulevard Bridge (Project No. 2204) H:\USERS2\HOME\VELMAP\GENIDRAINAGB2093\AMOENDMENT NO_ 1\AGENDA BACKGROUND CONTRACT SUMMARY AMENDMENT NO.1 1. SCOPE OF PROJECT Concrete Lined Channel Rehabilitation Van Galen, Phase 1 (Project No. 2211) The expansion and construction joints of this concrete lined channel have deteriorated allowing vegetative growth. Several portions of the channel liner are damaged. This project will remove the vegetation, treat the joints with a herbicide and replace the damaged liner sections. Concrete Lined Channel Rehabilitation Carroll West (Project No. 2213) Storm sewer lines from the adjacent subdivisions draining into the channel are partially constructed of Corrugated metal pipe. These pipe sections have deteriorated. This project will replace these damaged sections of pipe and construct junction boxes where pipe diameters chanae. Concrete Lined Channel Rehabilitation Airport, Phase 2 (Project No. 2247) This project is a continuation of the previously authorized project to repair damaged portions of the concrete channel liner. Due to funding constraints, these repairs may be completed under several construction contracts. Concrete Lined Channel Rehabilitation Flynn Shea (Project No. 2248) The Flynn Shea channel is of similar construction as the Carroll West Channel. Storm sewer lines from the adjacent subdivisions draining into the channel are partially constructed of Corrugated metal pipe. These pipe sections have deteriorated. This project will replace these damaged sections of pipe and construct junction boxes where pipe diameters change. Additionally, there are several areas of several erosion near the roadwav structures that will be repaired. BridQe Rehabilitation Kingsbury Drive (Project No. 2198) Lexington Road (Project No. 2199) These two bridges are scheduled for replacement as part of TXDOT's off-system bridge replacement program. Prior to their replacement, existing utilities (including private pipelines at the Kingsbury location) must be adjusted or relocated. This project will provide coordination between the utility adjustments and the bridge replacement projects. Also at the Kingsbury location the west existing west approach roadway has a substandard alianment. This curve will be straiahtened. EXHIBIT "B" Page 1 of 6 HIUSERS2\HOMEIVELMAP\GEMDRAINAGE\2093\AMENDMENT NO. l\CONTRACT SUMMARY Drainaqe Channel Excavation at Saratoqa Boulevard Bridqe (Project No. 2204) The drainage channel north and south of Saratoga Blvd. Bridge over La Vollo Creek Oust west of Greenwood Dr. is badly overgrown with under brush and has several meanders that impede the flow of water. This project is the first phase of a long term project to improve the flow characteristics of this channel. The project will remove the undergrowth and straiohten the channel at select locations. 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. 3. PROJECT SCHEDULE Van Galen Phase 1 (Proiect No. 2211\ DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday March 18, 2005 Begin Design Phase Friday April 15, 2005 60% Submittal Friday April 29, 2005 Complete City Review Wednesday May18, 2005 Final Submittal Monday (2) May 23 and 30, 2005 Advertise for Bids Wednesday June 1, 2005 Pre-Bid Conference Wednesday June 8, 2005 Receive Bids Monday July 18, 2005 Begin Construction Friday September 2005 Construction Completion Concrete Lined Channel Rehabilitation EXHIBIT "B" Page 2 of 6 H:\USERS2\HOME\VElMAPIGEN\DRAINAGE\2093'AMENDMENT NO_ 1\CONTRACT SUMMARY Concrete Lined Channel Rehabilitation Carroll West (Project No. 2213) DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday April 11, 2005 Begin Design Phase Friday May 6, 2005 60% Submittal Friday May 20, 2005 Complete City Review Wednesday June 8, 2005 Final Submittal Monday (2) June 13 and 20, 2005 Advertise for Bids Wednesday June 22, 2005 Pre-Bid Conference Wednesday June 29, 2005 Receive Bids Monday July 25, 2005 Begin Construction Friday October 2005 Construction Completion Concrete Lined Channel Rehabilitation Airport Ditch Phase 2 (Pro"ect No. 2247) DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday April 25, 2005 Begin Design Phase Friday June 10, 2005 60% Submittal Friday June 24, 2005 Complete City Review Wednesday July 6, 2005 Final Submittal Monday (2) July 11 and 18, 2005 Advertise for Bids Wednesday July 27, 2005 Pre-Bid Conference Wednesday August 3, 2005 Receive Bids Monday September 12, 2005 Begin Construction Friday January 2006 Construction Completion EXHIBIT "B" Page 3 of 6 H:\USERS2\HOME\VElMAPIGEN\DRAINAGEI2093\AMENDMENT NO. l\CONTRACT SUMMARY Concrete Lined Channel Rehabilitation Flvnn Shea Channel IPro'ect No. 2248) DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday April 18, 2005 Begin Design Phase Friday June 17, 2005 60% Submittal Friday July 1, 2005 Complete City Review Wednesday July 20, 2005 Final Submittal Monday (2) August 1 and 8, 2005 Advertise for Bids Wednesday August 17, 2005 Pre-Bid Conference Wednesday August 24, 2005 Receive Bids Monday September 26, 2005 Begin Construction Friday February 2006 Construction Completion Bridae Rehabilitation Kingsbury Drive (Project No. 2198) Lexinaton Road IProiect No. 2199) DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday April 18, 2005 Begin Design Phase Friday July 29, 2005 60% Submittal Friday August 12, 2005 Complete City Review Wednesday August 31,2005 Final Submittal Monday (2) September 5 and12, 2005 Advertise for Bids Wednesday September 21, 2005 Pre-Bid Conference Wednesday September 28, 2005 Receive Bids Monday November 7, 2005 Begin Construction Friday February 2006 Construction Completion EXHIBIT "B" Page 4 of 6 H:\USERS2\HOMBVElMAP\GEN\DRAINAGE\2093\AMENDMENT NO. 1\CONTRACT SUMMARY lProiect No. 2204\ DAY DATE ACTIVITY Wednesday January 12, 2005 Begin Preliminary Phase Monday April 11, 2005 Begin Design Phase Friday August 19, 2005 60% Submittal Friday September 2, 2005 Complete City Review Wednesday October 19, 2005 Final Submittal Monday (2) October 24 and 31, 2005 Advertise for Bids Wednesday November 9, 2005 Pre-Bid Conference Wednesday November 16, 2005 Receive Bids Monday December 26, 2005 Begin Construction Friday July 2006 Construction Completion Drainaqe Channel Excavation at Saratoqa Blvd. Bridqe 4. SUMMARY OF FEES See Page 6. EXHIBIT "B" Page 5 of6 H:\USERS2\HOMEWElMAPIGEN\DRAINAGE\2093\AMENDMENT NO_ 1\CQNTRACT SUMMARY E " ~ ~ 0 ~ g' N [ rr 0 . . rn . ~ U " 0 0 , W 0 . U ~ . 1? . iiJ ~ 0 ~ i} 0 " " . " W " ~ il N . " " " " " 0 ~ j . . " ~ & " ~ t lj- i ~ I < 6 " . g t u . . < , . w " ) , 0 u , 0 . , ! 8 0 0 0 8 0 8 8 0 0 e 0 0 0 0 g 8 M W ~ ~ ~ 8 0 0 " 0 M M ~ . 0 0 w . ~' ~ " " ~ " " ~' N :g a z a 8~ 0 w . ~ . 8 8 g 0 8 g 8 0 8 8 8 0 0 8 ~ ~ . N ~ ~ 8 0 0 ~ " , M M 8 . . 0 "t . " ~ " g . , " 0' " N ~f a ~ . N g 0 g 8 8 8 8 0 0 g 0 0 0 0 0 0 ~ " 0 0 . 0 0 ~ 0 w 0 0 N . N N 0 N ~ <I 'if " '" g' i i ;( " . z z ~ " N 0 8 8 8 0 8 8 0 8 8 8 0 0 0 " ~ @ ~ M 1\ 0 " ~ ~ M . ;; . . " N g ,- '" .; .- " ~. .- ~ ~~ -~ ~~ 0 . . " 8 0 8 0 0 0 8 0 0 8 0 .- 0 0 0 0 0 0 0 . . ~ N M 0 8 " ~ ~ ii !'! M 8 8 0 . . , < ~ ;; .; 0 .. e '" " " :ii . ~ 0 0 . 0 s < . 0 0 8 8 0 8 0 0 8 8 8 - . 0 0 0 0 0 . . r;: ~ ~, ~- 0 8 8 . ci ~ , , '" - M . Z Z " , N' ... - ... 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W " " o > . < . . o . i ~ ~ i I , I i I . ~ , . ~ EXHIBIT "B" Page 6 of6 File: \Mpro'ect\councilexhibits\exh2211.dwg ~ PROJECTLOCATION N Ii! ~ ~ LOCA TION MAP NOT TO SCALE % a ;s ~ N PROJECT EXTENTS CITY PROJECT No. 2211 VICINITY MAP NOT TO SCALE EXHIBIT .C. CITY OF CORPUS CHRISn, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 5 DATE: 12-29-2004 ~ -- - - - - CONCRETE LINED CHANNEL REHABILlTA TION: VAN GALEN PHASE 1 File: LOCA TION MAP NOT TO SCALE ~ N PROJECT LOCA TION CITY PROJECT No. 2213 Corpus Christi Country Club VICINITY MAP NOT TO SCALE "~ N EXHIBIT .C. CITY COUNCIL EXHIBIT DfPAR1lfENT OF DlGINEmING SERVICES PAGE: 2 of 5 DATE: 12 29 2004 CONCRETE LINED CHANNEL REHABILlTA TION. CARROLL WEST CITY OF CORPUS CHRISTI, TEXAS ~ -- - - - - - ~)_J~ I N' I \" \~ im t.:~ 5 I:. o TDMHMR ,,,- '" <' '~ PROJECT EXTENTS '~<i/{ I.~.r S4?"fr. OC. ",It> ;- ~/ ~~/ "J'rj / '" I 'I I II II II II II / I CITY PROJECT No. 2093 LOCA TlON MAP NOT TO SCALE EXHIBIT .C. PAGE: 3 of 5 ~ -- - - - - CONCRETE LINED CHANNEL REHABILlTA TlON. AIRPORT DITCH, PHASE /I CITY COUNCIL EXHIBIT DfPARTM[NT OF [NGIN[E:RING S[RV/C[S CITY OF CORPUS CHRISTI, T[XAS DAT[; 12 29 2004 File \ Mprojecl \ councilexhibits \ exh2248. dwg , I CITY PROJECT No. 2248 VICINITY MAP NOT TO SCALE EXHIBIT .C. CITY OF CORPUS CHRISTI, TfXAS CITY COUNCIL EXHIBIT OfPARTI./f/V( OF fNGINffRING SERVlCfS PAGE: 4 of 5 DATE: 12 29 2004 Qj -- - - - - - -- CONCRETE LINED CHANNEL REHABILlTA TION. FL YNN SHEA \lAprojecf\counci/exhibits \exh219B.dw9 r. ... KINGSBURY DRIVE # 2198 ~ N ~ CORPUS CHRISTI BAY I LEXINGTON ROAD # 2199 SARA TOGA BL VD # 2204 GULF OF MEXICO LoeA TION MAP NOT TO SCALE PROJECT No. 2198, 2199, 2204 EXHIBIT .C. CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPAR1IIENT OF fNGINEER1NG SERVICES PAGE: 5 of 5 CA1E': 12/29/2004 ~ -- - - - - - BR/DGE REHAB/UTA T/ON 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Januarv 11, 2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 11 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $388,749 for various architectural, electrical, mechanical, structural and other modifications. (Project No. 4198) ISSUE: The change order is necessary to address some 28 modifications. FUNDING: Funding is available from the Convention Center 2002 CIP Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. ,,tit ?:c!2a;,f~ DtlDS Director - Engineering Services Attachments: Exhibit A Exhibit B Exhibit C: Exhibit D: Background Change Order Budget Location Map H:IHOMEIKEVINSIGENIGONVGTRIEXPANS 10lGO 11 Memo. doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: This change order addresses twenty eight (28) issues that emerged during construction. The item with the highest value (PCO/CR 66) removes and replace damaged/wet roof insulation and new electrical power service to rooftop air handling units. The condition of the roof insulation could not be determined until the roof membrane was removed. Twenty-one of the change items have a value of less than $10,000.00. The items costing more than $10,000.00 in order of descending value were: . PCO/CR 66 - Removal and replacement of damaged/wet roof insulation and new electrical power to rooftop air handling units - $150,123.00. · PCO/CR 78 - Modification of ceiling heights at the operable wall partitions in the Ballroom - $45,959.00. . PCO/CR 189 - Relocation of fire alarm devices in stone walls and metal wall panels - $22,277.00. . PCO/CR 179 - Modify kitchen area required to add an account clerk office, cash room, and room with counter - $21,770.00. . PCO/CR 196 - Revisions to roof area above the Main Lobby - $19,206.00. . PCO/CR 188 - Various electrical revisions for kitchen including additional power/telcom to Chefs office, power for additional Ansul fire suppression system at popcorn popper vent hood, and additional ceiling drops for portable warming carts. - $17,001.00. . PCO/CR 144 - Additional painting of metal panels at curtainwall shadowboxes - $16,507.00. The Contract Summary provides a complete list of the items being modified by Change Order No. 11. See Exhibit B. There have been ten prior change orders. Four of the change orders were initiated by the City for additional work that was not part of the original scope. Change Order No. 3 ($126,892) addressed water damage to elevators, doors, etc. Change Order NO.4 ($142,059) addressed structural repairs to the air handling unit screen walls. Change Order NO.7 ($607,599) provided a new air handling unit. Change Order NO.8 with a cost of $655,411 included a new roof for the Selena Auditorium with a value of $529,079. Various items included in Change Order 10 were initiated by the City and architects. Various items included in Change Order No. 11 were concealed conditions or were undertaken to address operational needs of the food service concessionaire. This includes the most costly item: . Replacement of damaged roof insulation and new electrical power service for rooftop air handling units (PCO/CR 66 - $150,123); and PRIOR COUNCIL ACTION: EXHIBIT A Page 1 of 5 H:\HOME\KEVINSIGENICONVCTRIEXPANSIOICO 11 BkgExhA.doc The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7,2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). Januarv 23,2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). Januarv 30,2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. Februarv 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20,2001 - Motion authorizing Amendment NO.2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). Julv 24,2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). Auqust 28, 2001 - . Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); . Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); . Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic EXHIBIT A Page 2 of 5 H:\HOMEIKEVINSIGENICONVCTR\EXPANSIOIC011 BkgExhAdoc Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); . Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 -12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11. 2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M200 1-346). October 30,2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13. 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). AUQust 27, 2002 - Motion authorizing the City Manager or his designee, to execute a contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint Venture for the Convention Center Expansion and Renovation Project (M2002-283). September 9. 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 26. 2002 - a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in an aggregate principal amount of $31,545,000 and ordaining other matters relating to the subject (Ord. #025121). b. Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in the Hotel Occupancy Tax Fund 1030; authorizing the transfer of $1,626,418 to the Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, $1,626,418 from the Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest earnings in the Convention Center 2002 CIP Fund, to fund the construction and expansion of the Convention Center (Ord. #025122). c. Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Construction Manager at Risk contract with Moorhouse - Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the EXHIBIT A Page 3 of 5 H:IHOMEIKEVINSIGENICONVCTRIEXPANSIOIC011 BkgExhA.doc Bayfront Convention Center Expansion / Rehabilitation Project, subject to the appropriation of funds (M2002-399). February 18. 2003 - Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2 to the Contract for Construction Manager at Risk services contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum Price of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project (M2003-069). June 17. 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025340). Auqust 19. 2003 a. Appropriating a $107,252.00 Insurance Settlement in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending the FY 2003-2004 Operating Budget Adopted in Ordinance 025394 by increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025409). b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Moorhouse/Beecroft, Joint Venture, LLC, in the amount of $126,892.00 for flood damage repairs to existing Convention Center doors, frames, and elevators (M2003-273). December 16. 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order NO.7 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $872,818 for mechanical, structural and other modifications (M2003-455). March 2. 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order NO.9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $281 ,478 for various architectural, electrical, mechanical, structural and other modifications (M2004-071). Auqust 31, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 10 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $308,145 for various architectural, electrical, mechanical, structural and other modifications (M2004-337). PRIOR ADMINISTRATIVE ACTIONS: July 31, 2000 - Award of Amendment NO.1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12. 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. April 17. 2003 - Award of Change Order No. 1 in the amount of $22,738 to Moorhouse/Beecroft Joint Venture, LLC for miscellaneous architectural, civil and utility modifications. EXHIBIT A Page 4 of 5 H:\HOMEIKEVINS\GEN\CONVCTRIEXPANSI0\C011 BkgExhA.doc Julv 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking, sidewalks, handicapped improvements, subgrade and other modifications. December 18. 2001 - Award of an engineering services contract to Shiner Moseley and Associates in the amount of $18,750 for a condition survey and repair recommendations of the Convention Center Cooling Tower Supports and Equipment Screens. September 9.2002 - Award of a contract in the amount of $1,000 to Mody Boatright for an environmental review/survey of the Convention Center Cooling Tower Supports and Equipment Screens. May 5,2003 -Award of contract to PSI in the amount of$5,600 for development asbestos and lead abatement specifications for the Convention Center Cooling Tower Supports and Equipment Screens. May 23, 2003 - Award of a contract in the amount of $2,500 to Anderson and Associates of Houston, Texas for visual, microscopic, scanning electron microscopic and EDS elemental analysis of material samples for the Convention Center Cooling Tower Supports and Equipment Screens. July 10, 2003 - Award of Amendment NO.1 to PSI in the amount of $16,735 for air monitoring, asbestos and lead consulting during construction and laboratory analysis of materials for the Convention Center Cooling Tower Supports and Equipment Screens. October 25, 2003 - Award of Change Order NO.5 to Moorhouse/Beecroft in the amount of $17,331 for miscellaneous concrete, fireproofing, audiovisual, and MEP work. December 3, 2003 - Award of Change Order NO.6 to Moorhouse/Beecroft in the amount of $20,816 for miscellaneous utility, structural and MEP work. December 12, 2003 - Award of Amendment NO.3 for architectural services contract in the amount of $22,700 to Thompson, Ventulett, Stainback and Associates, Inc. for the multi- purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects for roof inspection and renderings. May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of $12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot Modifications. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $281,478 for various architectural, electrical, mechanical, structural and other modifications (M2004-223). FUTURE COUNCIL ACTION: Approval of a final change order that is in negotiation may be required prior to project closeout. EXHIBIT A Page 5 of 5 H:\HOMEIKEVINSIGENICONVCTRIEXPANSIOIC011 BkgExhA.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JANUARY 11, 2005 PROJECT: CONVENTION CENTER EXPANSION AND REHABILITATION Project No. 4198 APPROVED: COUNCIL MOTION No. 2002-283 APPROVED 8/27/02 CONTRACTOR: Moorhouse - Beecroft, Joint Venture, LLC 5826 Bear Lane Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT...................... 25% Limit Amount.......................................... Change Order NO.1 (04/19/03) ..................... Change Order NO.2 (04/03/03) .................... Change Order NO.3 (07/19/03) .................... Change Order NO.4 (10/21/03) ................... Change Order NO.5 (10/25/03) .................... Change Order NO.6 (12/03/03) ..................... Change Order NO.7 (12/16/03) .................... Change Order NO.8 (02/24/03) .................... Change Order NO.9 (06/08/04) .................... Change Order No. 10 (08/31/04) .................. Change Order No. 11 (01/11/05) .................. Total............................................................... 24,614,045.00 6,153,511.25 22,738.00 22,035.00 126,892.00 142,059.00 17,331.00 20,816.00 872,818.00 665,411.00 281,478.00 308,145.00 388,749.00 2,868,472.00 = 11.65% < 25% CHANGE ORDER No. 11 Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: ---1L FUNDING SOURCE: 550910-3181-00000-110710 DATE: December 10, 2004 CONTRACT TIME: 670 CD. Operating Department: Department of Enqineerinq Services Name of Project: Convention Center Expansion/Renovation #419B Contractor: Moorhouse/Beecroft Joint Venture, LLC CHANGE AS FOLLOWS: Provide each of the following revisions (Items "a" through "bb") as identified on the attached Pages 2 of 5 through 5 of 5 in accordance with the requirements outlined in the Contract Documents. Total Add - Lump Sum: $388,749.00 Why were these changes necessary? (If left off the plans and specifications, explain why) The maioritv of the attached proposed revisions include work as required to modify or complete the current set of Desion Documents. How can similar changes be avoided in the future? Manv of these items could have been included in the orioinal scope of work if additional information would have been available at the time the contract amount was aqreed upon. A CONTRACT PRICE...............................................$ B. TOTAL CHANGE ORDERS (inc. current) ............$ C NEW CONTRACT PRICE..................................$ D. THIS CHANGE ORDER........................................$ E. PERCENT TOTAL CHANGE (B/A)....................... F. PREVIOUS ADDN'L TIME AUTHORiZED............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME .................................. 24,614,045.00 2,868.472.00 27.482,517.00 388,749.00 11.65% OCD OCD OCD Project Engineer CITY OF PORPUS CHRISTI, TEXAS By: I,{t~ t/~j;r I ity Engineer ' APPROVED: Operating Dept. CONTRACTOR By: Title: Director of Management & Budget Legal Department CHANGE ORDER No. 11 CONVENTION CENTER EXPANSION Department of Engineering Services City of Corpus Christi, Texas a.) PCalCR No. 43 - Provide additional under floor lighting in the crawl space. All additional work shall be performed in accordance with the letter from Rabalais Constructors dated December 8, 2004. Also refer to the Moorhouse/Beecroft Change Proposal No. 46 dated December 8, 2004. Add = $2,961.00 b.) PCalCR No. 66 - Remove and replace the wet roof insulation prior to installation of new replacement roof. Also, provide new electrical power to the rooftop air handling units. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 74 dated November 19, 2004. Add = $150,123.00 c.) PCalCR No. 112 - Provide revisions to the ceiling heights at the operable wall partitions in the Ballroom. All additional work shall be performed in accordance with the responses to the Request for Information No. 248, 251 and 252. Moorhouse/Beecroft Change Proposal No. 112 dated December 3, 2004. Add = $45,959.00 d.) PCalCR No.118 - Provide additional steel support bracing required above the ballroom ceiling. All additional work shall be performed in accordance with the response to the Request for Information No. 322-R1 dated January 23, 2004. Moorhouse/Beecroft Change Proposal No. 136 dated December 5, 2004. Add = $12,348.00 e.) PCa/CR No. 141 - Provide additional XMA-3 light fixtures at the exterior columns. All additional work shall be performed in accordance with the Proposal Request No. 43 issued by TVS/ Gignac dated May 5,2004. Moorhouse/Beecroft Change Proposal No. 164 dated November 15, 2004. Add = $9,346.00 f.) PCalCR No. 144 - Provide additional work as required to paint the metal panels in the curtainwall shadowboxes. All additional work shall be performed in accordance with the response to the Request for Information No. 393 dated May 13, 2004. Also refer to the Moorhouse/Beecroft Change Proposal No. 159 dated May 11, 2004. Add = $16,507.00 g.) PCalCR No. 148 - Provide modifications to the drywall around the glass handrails in the Selena Auditorium. All additional work shall be performed in accordance with the response to the Request for Information No. 308 and 358. Also refer to the Moorhouse/Beecroft Change Proposal No. 152 dated June 3, 2004. Add = $9,561.00 h.) PCalCR No. 170 - Provide revisions to the control sequence at the automatic doors. All additional work shall be performed in accordance with the responses to RFI's No. 417 dated July 14, 2004. Moorhouse/Beecroft Change Proposal No. 192 dated August 20,2004. Add = $680.00 CHANGE ORDER No. 11 CONVENTION CENTER EXPANSION Department of Engineering Services City of Corpus Christi, Texas i.) Pca/CR No. 173 - Provide flowable fill at the Barge Dock flapper valve as required to fill the void between the paving slab and the manhole. All additional work shall be performed in accordance with the Moorhousel Beecroft Change Proposal No. 185 dated August 30, 2004. Add = $915.00 j.) pca/cR No. 174 - Provide two coats of paint on the floor of the Rehearsal Hall in the Selena Auditorium. All additional work shall be provided in accordance with the Moorhouse/Beecroft Change Proposal No. 197 dated August 25,2004. Add = $2,744.00 k.) pca/cR No. 175 - Provide Siemon Cat 6 patch panels to replace the telephone punch down panels. This change was requested by the City MIS Department. All additional work shall be performed in accordance with the MB-JV Change Proposal No. 198 dated September 1, 2004. Add = $5,481.00 I.) pca/cR No. 176 - Provide an additional Type "A" inpuVoutput plate on the east wall of Ballroom "B". All additional work shall be performed in accordance with the response to the Request for Information No. 421-R1. Moorhouse/Beecroft Change Proposal No. 201 dated September 2,2004. Add = $2,466.00 m.) pca/cR No. 177 - Provide electrical power to the new American Bank Center signs at the south and west sides of the building. All additional work shall be performed in accordance with Drawing 2 of 5 issued by Chandler Signs dated July 19, 2004. Moorhouse/Beecroft Change Proposal No. 206 dated October 12, 2004. Add = $4,164.00 n.) pca/cR No. 179 - Provide revisions to the Kitchen Area as required to add a new account clerk office, cash room and a room with a counter. All additional work shall be performed in accordance with the Proposal Request No. 45 issued by TVS/ Gignac dated September 28, 2004. Moorhouse/Beecroft Change Proposal No. 215 dated November 16, 2004. Add = $21,770.00 0.) pca/cR No. 182 - Remove and replace the broken escalator glass rail that was damaged during an event. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 209 dated November 15, 2004. Add = $4,224.00 p.) pca/cR No. 184 - Provide all additional work associated with adding an expansion joint in the stone pavers between the Main Lobby Entry and the existing Prefunction Area. All additional work shall be performed in accordance with the response to the Request for Information No. 397 dated July 1, 2004. Moorhouse/Beecroft Change Proposal No. 213 dated November 15, 2004. Add = $2,479.00 CHANGE ORDER No. 11 CONVENTION CENTER EXPANSION Department of Engineering Services City of Corpus Christi, Texas q.) pce/cR No. 186 - Provide additional fireproofing at the structural steel tube members that were exposed during demolition. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 211 dated November 15, 2004. Add = $4,756.00 r.) pce/cR No. 187 - Provide additional thin set slate pavers at the entrance of the Selena Auditorium. All additional work shall be performed in accordance with the response to the Request for Information No. 431 dated August 19, 2004. Also refer to the Moorhouse/Beecroft Change Proposal No. 195 dated November 15, 2004. Add = $2,325.00 s.) pce/cR No. 188 - Provide various electrical revisions in the Kitchen including additional power/telecom to the Chefs Office, power for the additional Ansul fire suppression system at the popcorn popper vent hood, additional electrical ceiling drops for the portable warming carts. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 204 dated November 15, 2004. Add = $17,001.00 I.) pce/cR No. 189 - Provide all additional work associated with relocating the fire alarm devices in stone walls and metal wall panels. All additional work shall be performed in accordance with the response to the Request for Information No. 394. Moorhouse/Beecroft Change Proposal No. 171 dated November 19, 2004. Add = $22,277.00 u.) pce/cR No. 190 - Provide additional sprinkler heads at each of the skylights. All additional work shall be performed in accordance with the request for the Corpus Christi Fire Marshal and the Moorhouse/Beecroft Change Proposal No. 186 dated August 26, 2004. Add = $8,131.00 v.) pce/CR No. 191 - Provide additional overflow drains at the section of roof along the east side of the Prefunction Area. All additional work shall be performed in accordance with the Moorhouse/ Beecroft Change Proposal No. 172 dated November 18, 2004. Add = $4,357.00 w.) pce/cR No. 192 - Provide revisions to the height of the glass doors in the Administration Area. All additional work shall be performed in accordance with the response to the Request for Information No. 3B8 dated May 24,2004. Moorhouse/Beecroft Change Proposal No. 170 dated November 18, 2004. Add = $2,265.00 x.) pce/eR No. 193 - Provide structural steel framing revisions above the existing stair at Column Line 10. All additional work shall be performed in accordance with the MEI Govind SK1-11-17-03, SK2-11-17 -03 and SK3-11-17 -03. Also refer to the Moorhouse/Beecroft Change Proposal NO.1 00 dated November 18, 2004. Add = $6,872.00 CHANGE ORDER No. 11 CONVENTION CENTER EXPANSION Department of Engineering Services City of Corpus Christi, Texas y.) PCO/CR No. 194 - Provide revisions to the structural support members at the escalator. Also revise the drywall framing around the escalator. All additional work shall be performed in accordance with the response to the Request for Information No. 273 dated January 15, 2004 and RFI No. 273-R1 dated January 30, 2004. Moorhouse/Beecroft Change Proposal No. 86 dated November 18, 2004. Add = $4,788.00 Z.) Pca/CR No. 195 - Provide new diffusers in the meeting room corridor ceilings as required to allow the diffusers to line up with the light fixtures. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 160 dated December 5,2004. Add = $3,352.00 aa.) Pca/CR No. 196 - Provide revisions to the roof above the Main Lobby Area. All additional work shall be performed in accordance with the response to the Request for Information No. 351 dated April 2, 2004. MoorhouselBeecroft Change Proposal No. 148 dated December 5, 2004. Add = $19,206.00 bb.) Pca/CR No. 197 - Provide a chase wall around the gas line in Stair E-2. All additional chase wall work shall be performed in accordance with the response to the Request for Information No. 377 dated May 27, 2004. Moorhouse/Beecroft Change Proposal No. 210 dated December 5, 2004. Add = $1,691.00 CONVENTION CENTER REHABILITATION & EXPANSION January 11, 2005 Revenues Bond Proceeds Hotel Occupancy Tax Fund Insurance Settlement Expenditures Construction Change Order NO.1 (utilities, masonry, glass) Change Order No 2 (electrical, traffic, ADA, etc.) Change Order NO.3 (water damage repairs) Change Order NO.4 (cooling tower screens) Change Order NO.5 (utilities, dock, ADA etc.) Change Order NO.6 (utilities, structural, MEP) Change Order NO.7 (Mechanical, structural) Change Order NO.8 (roof, structural, acoustics) Change Order NO.9 (Arch., elec., mech, struc.) Change Order No. 10 (Arch., elec, mech., struc.) Change Order No. 11 (Arch., elec, mech) Mechanical System Pro Rata Contingency (1.42%) FFE AlE (w/ Applicable Amendments 1, 2, 3 & 5) Engineering Reimb. Geotechnical Southwestern Bell Project Management Administrative Charges PM Construction Phase Selena Roof Replacement Inspection Art Planning - City Materials testing/laboratory Materials testing/laboratory - Roadway/Parking Misc. (Printing, Postage, etc.) Subtotal Other Contracts Kitchen Equipment C. O. 1 (Delete brewers, urns & mixer) Signage and Wayfinding AlE for Roadway Roadway Subtotal Total Variance $ 34,185,505 1,626,418 107,255 35,919,178 24,614,045 22,738 22,035 126,892 142,059 17,331 20,816 872,818 665,411 281,478 308,145 388,749 1,500,000 350,338 500,000 2,071,416 110,000 12,000 5,325 486,000 191,000 1.300,000 6,000 376,25000 666.00 148,335 6,485 40,000 34,586,332 811,999 (11,683) 132,530 21,000 379,000 1,332,846 35,919,178 o Exhibit C Page 1 of 1 File: NUECES BAY PROJECT LOCA nON AGNES CORPUS ~ ....., aR5n :i INlERNAl1~Al ~ AlRP()RT .... LOCA nON MAP NOT TO SCALE o o p~~~ ~ C HUGHES r- CITY PROJECT No.419B VICINITY MAP NOT TO SCALE ~ N ~ N PROJECT SITE EXHIBIT "0" CONVENTION CENTER EXPANSION AND REHABILITATION (Change Order NO.l0 CITY COUNCIL EXHIBIT DfPAJm/tNr OF ENGINEERING SElMCES CITY OF CORPUS CHRISTI, TEXAS PAGE: 1 of 1 DATE: 12 30 2004 ~ -- - - - - - 13 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: January 11, 2005 SUBJECT: Downtown Drainage Improvements Project · Phase 1 - Part "A" Water Street New Interceptors and Inlets (Project No. 2036) . Phase 1 - Part "B" Kinney Street Pump Station (Project No. 2225) · Phase 2 - Agnes Street Box Culvert and Diversion Lines (Project No. 2226) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Urban Engineering in the amount of $196,000 for construction inspection services on the Downtown Drainage Improvements Project as follows: . Phase 1 - Project "A" Water Street New Interceptors and Inlets · Phase 1 - Project "B" Kinney Street Pump Station · Phase 2 - Agnes Street Box Culvert and Diversion Lines ISSUE: The construction of the seawall in downtown Corpus Christi during the 1930s created a "bowl" between the existing bluff and the new seawall, necessitating the pumping of storm water runoff. Despite the installation of a collection system and two pumping stations (located on Water Street at Kinney Street and Power Street), flow rates have continued to increase, causing major flooding problems. The three (3) projects will be constructed concurrently for the most part and one (1) inspector is required to monitor the three (3) projects. This contract is necessary to improve the capacity of the downtown drainage system. FUNDING: Funding is available from the FY 2003-2004 Storm Water Capital Improvement Budget. ION: Staff recommends approva( of the motion as presented. I 5(05 ~tJ el R. Escobar, P.E. irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Downtown Project Schedule Exhibit "D" Location Map H:\USERS2\HQMEWELMAPIGEN\DRAINAGE\2036 DOWNTOWN DRAINAGEICONSTRUCTION INSPECTlON\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Downtown Drainage Improvements Project · Phase 1 - Part "A" Water Street New Interceptors and Inlets (Project No. 2036) · Phase 1 - Part "B" Kinney Street Pump Station (Project No. 2225) · Phase 2 - Agnes Street Box Culvert and Diversion Lines (Project No. 2226) PRIOR COUNCIL ACTION: 1. September 23. 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering in the amount of $732,010 for Downtown Drainage Improvements Design (Motion No. M2003-348). 2. Februarv 10. 2004 - Approval of the Capital Improvement Budget FY 2003-2004 (Ordinance No. 025647). 3. Februarv 10. 2004 - Motion authorizing thee City Manager, or his designee, to execute Amendment NO.2 to the Contract For Professional Services with Urban Engineering in the amount of $374,813 for the Downtown Drainage Improvements Project (Motion No. M2004-043). 4. December 14. 2004 - Motion authorizing the City Manager, or his designee, to award a construction contract to Ramos Industries, Inc. of Pasadena, Texas, in the amount of $2,696,266 for the Downtown Drainage Improvements-Phase 1-Project "A" Water Street New Interceptors and Inlets (Motion No. M2004-446). PRIOR ADMINISTRATIVE ACTION: 1. Februarv 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). EXHIBIT "A" Pa e 1 of 4 H:\USERS2\HOME\VELMAP\GEN\DRAINAGEI2036 DOWNTOWN ORAINAGE\CONSTRUCTION lNSPECTIONIAGENDA BACKGROUND PRIOR ADMINISTRATIVE ACTION (continued): 6. April 11. 2003 - Distribution of Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). 7. April 17. 2003 - Addendum NO.1 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). 8. April 25, 2003 - Addendum NO.2 to the Letter of Notification #1 (LON) for FY 2002 - 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out-of-town). 9. Auqust 28.2003 - Approval of a small engineering contract with Urban Engineering for preliminary engineering in the amount of $24,892 for the Downtown Drainage Improvements Design Project. 10. Julv 7.2004 - Approval of a Testing Agreement with Rock Engineering 7 Testing Laboratory, Inc. in the amount of $15,000 for the Downtown Drainage Improvements Design Project. PROJECT BACKGROUND: The Downtown Drainage Improvements project was developed to alleviate the major flooding that occurs in the downtown area during times of heavy rain. Major flooding occurred in 2002, reaching approximately EI. 5.8 in the Williams St. and Water St. area. Top of curb there is approximately EI. 3.4. The downtown area is divided into two drainage basins, the Kinney St. Pump Station Watershed and the Power St. Pump Station Watershed. Flooding in this area is attributed to the Water St. area draining last because the Power St. Pump Station,located north of IH-37, is overwhelmed during a 100 Yr. flood. The objective in Phase 1 and Phase II of the Downtown Drainage Improvements is to reduce the water elevation in Water St. during a 100 Yr. flood to EI. 3.6 to keep it out of the buildings. This work is being coordinated with other projects being designed and constructed in the downtown area, such as the Seawall Reconstruction Project and Major Outfalls Rehabilitation Project. Such coordination will include traffic control plans to minimize inconvenience to the traveling public and area property owners. CURRENT PROJECT: PHASE I PROJECT A - WATER STREET NEW INTERCEPTORS AND INLETS This project involves construction of the Water St. Interceptor, an 8' x 5' concrete box culvert that will transfer a portion of the stormwater runoff from the upper end of the Power St. Pump Station drainage basin into the drainage basin of the Kinney St. Pump Station. The interceptor will be a gravity system and is to be constructed in Water St. from Williams St. to Kinney St. H:\USERS2\HQME\VElMAP\GENIDRAINAGE\2036 DOWNTOWN DRAINAGE\CONSTRUCTION INSPECTlON\AGENDA BACKGROUND EXHIBIT "A" Pa e 2 of 4 In addition, five intersections along Water St. that drain into the main storm sewer line feeding the Power St. Pump Station will be renovated to improve storm water flow capacity. These improvements include for each intersection the renovation of two existing slot inlets, a 3' foot wide companion grate inlet in the street in front of the slot inlets and replacement of laterals as necessary to provide a minimum of 24" diameter from the inlet to the existing storm sewer main. FUTURE PHASED CONSTRUCTION CONTRACTS: PHASE I PROJECT B - KINNEY STREET PUMP STATION There is an existing Pump Station located on City property at the corner of South Shoreline Blvd. and Kinney St. that provides pumping for storm water collected in the area known as the "Kinney St. Pump Station Watershed". The pump station operates on an as-needed basis to pump collected storm water for discharge to the bay. The existing station was constructed in 1947 and has a rated capacity of 167 CFS (74,950 GPM). There is an existing 54-inch diameter discharge pipe from the pump station to the bay. It has been determined that the Kinney St. Pump Station capacity should be 426 CFS (191,200 GPM) to handle a 100 year storm event. A new larger capacity pump station is proposed to replace the existing pump station. The new station will include a concrete wet well and discharge structure, trash screening equipment, storm water pumps, associated yard piping, instrumentation, electrical and miscellaneous site work. An additional discharge box to the bay will be constructed to carry the additional flow. Due to its location landscaping, fencing and walls will be used to provide an architecturally pleasing facility. Mechanically cleaned bar screens will be provided to remove trash prior to the storm water entering the pump station. The screening will provide protection for the pumps and reduce the amount of debris going into the bay. The existing pump station will remain in service in its current capacity until the new pump station is commissioned and operational. PHASE II AGNES STREET BOX CULVERT & DIVERSION LINES The existing Blucher Park Pressure Conduit (Blucher Box) begins in Blucher Park, above T ancahua Street and extends down the Bluff and thru the seawall into Corpus Christi Bay. The design intent of the Blucher Box was to deliver the storm water to the bay without having to pump it, however, there have been problems with intermediate inlet connections at the lower elevations below the Bluff. These inlets are connected with flap gates designed to limit flow in one direction and there have been numerous problems with the gates failing and allowing the storm water to backflow into the Downtown streets, increasing the amount of water that the pump stations are required to handle. EXHIBIT "A" Pa e 3 of 4 H:\USERS2\HQME\VELMAP\GEN\DRAINAGE\2036 DOWNTOWN DRA1NAGE\CONSTRUCTtOt-jlNSPECT10N\AGENDA BACKGROUND The purpose of Phase II is to (1) increase the capacity of the gravity drainage system which will reduce the load on the Downtown pump stations and (2) disconnect the faulty inlets from the existing system which will keep the pressure system from backflowing into local areas that have experienced flooding. This project includes the following improvements: . Construct new 6' x 6' Agnes St. Box Culvert to divert storm water from the existing Blucher Box and from the Kinney St. Pump Station watershed and deliver the water directly to the bay. · Construct Blucher Park Balustrade with top at EI. 20.8 to divert flow to new Agnes St. Box Culvert and prevent flooding in the Blucher St. area. · Construct new 42"/30"/24" dia. Inlet Diversion Lines at Tancahua and Carancahua Streets to disconnect existing inlets from Blucher Box to divert flow to new Agnes St. Box Culvert and eliminate dependence on flap gates. · Construct a new 24" dia. inlet diversion line at Chaparral Street to disconnect existing inlets from Blucher Box to divert flow to new Water St. Interceptor (Phase 1, Project A) and eliminate dependence on flap gates. CONTRACT: The proposed Contract will provide Project Management and Inspection Services for the following Downtown Drainage Improvements Projects: · Phase 1 - Project "A" Water Street New interceptors and Inlets · Phase 1 - Project "B" Kinney Street Pump Station · Phase 2 - Agnes Street Box Culvert and Diversion Lines The projects will be constructed concurrently for the most part and one (1) inspector should be adequate to monitor all three (3) projects. The fee is based on working 200 hours per month. The amount allows for extra time anticipated beyond a typical forty (40) hour work week due to Contractor periodically working long hours and Saturdays due to critical nature of schedules. Total time allotted for completion of all three (3) projects is fourteen (14) months. The rate includes labor, telephone, and mileage. The proposed fee is an allowance and billings will be based on actual time and materials. CONTRACT SUMMARY/FEE: A contract summary and summary of fees are attached as Exhibit "B". H:\USERS2\HOMEIVELMAP\GEN\ORAINAGE\2036 DOWNTOWN DRAINAGE\CONSTRUCTlON lNSPECTION\AGENDA BACKGROUND EXHIBIT "A" Pa e 4 of 4 CONTRACT SUMMARY 1. SCOPE OF PROJECT (Downtown Drainage Improvements) Phase 1 - Proiect "An Water Street New Interceptors and Inlets (Proiect No. 2036) _ This project involves construction of the Water St. Interceptor, an 8' x 5' concrete box culvert that will transfer a portion of the stormwater runoff from the upper end of the Power St. Pump Station drainage basin into the drainage basin of the Kinney St. Pump Station. The interceptor will be a gravity system and is to be constructed in Water St. from Williams St. to Kinney St. In addition, five intersections along Water St. that drain into the main storm sewer line feeding the Power St. Pump Station will be renovated to improve storm water flow capacity. These improvements include for each intersection the renovation of two existing slot inlets, a 3' foot wide companion grate inlet in the street in front of the slot inlets and replacement of laterals as necessary to provide a minimum of 24" diameter from the inlet to the existing storm sewer main. Phase 1 - Proiect "Bn Kinnev Street Pump Station (Proiect No. 2225) - There is an existing Pump Station located on City property at the corner of South Shoreline Blvd. and Kinney St. that provides pumping for storm water collected in the area known as the "Kinney St. Pump Station Watershed". The pump station operates on an as-needed basis to pump collected storm water for discharge to the bay. The existing station was constructed in 1947 and has a rated capacity of 167 CFS (74,950 GPM). There is an existing 54-inch diameter discharge pipe from the pump station to the bay. It has been determined that the Kinney St. Pump Station capacity should be 426 CFS (191,200 GPM) to handle a 100 year storm event. A new larger capacity pump station is proposed to replace the existing pump station. The new station will include a concrete wet well and discharge structure, trash screening equipment, storm water pumps, associated yard piping, instrumentation, electrical and miscellaneous site work. An additional discharge box to the bay will be constructed to carry the additional flow. Due to its location landscaping, fencing and walls will be used to provide an architecturally pleasing facility. Mechanically cleaned bar screens will be provided to remove trash prior to the storm water entering the pump station. The screening will provide protection for the pumps and reduce the amount of debris going into the bay. The existing pump station will remain in service in its current capacity until the new pump station is commissioned and operational. Phase 2 - Aanes Street Box Culvert and Diversion Lines (Proiect No. 2226) - The existing Blucher Park Pressure Conduit (Blucher Box) begins in Blucher Park, above Tancahua Street and extends down the Bluff and thru the seawall into Corpus Christi Bay. The desicm intent of the Blucher Box was to deliver the storm water to the bav without EXHIBIT "B" Page 1 of3 H:\USERS2\HOME\VELMAPIGEN\DRAINAGEI2036 DOWNTOWN DRAINAGE\CONSTRUCTION INSPECTlON\CONTRACT SUMMARY having to pump it, however, there have been problems with intermediate inlet connections at the lower elevations below the Bluff. These inlets are connected with flap gates designed to limit flow in one direction and there have been numerous problems with the gates failing and allowing the storm water to backflow into the Downtown streets, increasing the amount of water that the pump stations are required to handle. The purpose of Phase II is to (1) increase the capacity of the gravity drainage system which will reduce the load on the Downtown pump stations and (2) disconnect the faulty inlets from the existing system which will keep the pressure system from backflowing into local areas that have experienced flooding. This project includes the following improvements: . Construct new 6' x 6' Agnes St. Box Culvert to divert storm water from the existing Blucher Box and from the Kinney St. Pump Station watershed and deliver the water directly to the bay. . Construct Blucher Park Balustrade with top at EI. 20.8 to divert flow to new Agnes St. Box Culvert and prevent flooding in the Blucher St. area. . Construct new 42"/30"/24" dia. Inlet Diversion Lines at Tancahua and Carancahua Streets to disconnect existing inlets from Blucher Box to divert flow to new Agnes St. Box Culvert and eliminate dependence on flap gates. · Construct a new 24" dia. inlet diversion line at Chaparral Street to disconnect existing inlets from Blucher Box to divert flow to new Water St. lnterce tor Phase 1, Pro'ect A and eliminate de endence on fla ates. 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. 3. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $0.00 2. Design Phase 0.00 3. Bid Phase 0.00 4. Construction Phase 0.00 Subtotal Basic Services Fees 0.00 EXHIBIT "B" Page 2 of 3 H:\USERS2\HOME\VELMAP\GEN\DRAINAGE\2036 DOWNTOWN DRAINAG8CONSTRUCTlON INSPECTION\CONTRACT SUMMARY Fee for Additional Services (Allowance) 1. Construction Inspection Services 196,000.00 Sub-Total Additional Services Fees Authorized 196,000.00 Total Authorized Fee $196,000.00 EXHIBIT "B" Page 3 of 3 H:\USERS2\HOME\VElMAP\GEN\DRAINAGE\2036 DOWNTOWN DRAINAGE\CONSTRUCTIQN INSPECTION\CONTRACT SUMMARY ~ u w ., o Ill: a. z o - ~ u :>> Ill: ~ en z o u w a: ... ... ; ~ U) . , "'l' File: \HOME\MPROJECT\councilexhibits\exh2226.dwg WIlBURN I \ r; .."'~l _IA Science ~ \-1\ ~ Bayfront Phy u ~ N POI> L >l 01' 'i ..-r } ~ -;E~iR =- n:!\ -"'" il ~~ ---- ~ p>1' c----~ __..d ;; fY""' ~ '1 9~ -/ '''>S0~J~ ~ ~.D ~~ ~----\ \ ." ""G / 0 ~ \-"""-0 '" ~'o ~ w STAR :1; CORPUS CHRISTI BAY Sp,' Island ~E.S"'C'" 8ayview .--- ~ ; , p ,,'" 'i' .,~ ~ C " ~~,.o LOIlO "" '" LAKE z W1NN SAGO -i : 0.7 Y' / Ar we j ~ r y.~l PHASE 11~PROJECT "A" Water Street New Interceptors and Inlets ~ PROJECT No. 2036 \.'::... ~ : COMA O-lE " ~~ VA\.lli ~Ti - ~ FURlA~ '" tii HANCOCK /.; - L j Frman I' '" I"~ 1 9, \ \ \~ ~ \1;:~ LOGA nON MAP NOT TO SCALE DOWNTOWN DRAINAGE IMPROVEMENTS Phase 1- Project "A" Water St. New Interceptors and Inlets Phase 1- Project "B' Kinney St. Pump Station Phase 2- Agnes St.Box Culvert and Diversion Lines CITY OF CORPUS CHRISTI TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01 05 2005 iJ -- - - - - 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Januarv 11, 2005 SUJECT: Southside Transmission Main Phases 4 & 4A (Project No. 8390 & 8425) Engineering Corrosion Protection Construction Phase Services AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction phase engineering services contract for corrosion protection with V & A Consulting Engineers, Inc., of Oakland, California in an amount not to exceed $49,900 for the Southside Water Transmission Main Phase 4 and 4A project. ISSUE: Corrosion projection of large transmission lines is necessary to ensure reliable water service. Corrosion protection is a specialized field requiring engineering construction phase services to document the work is installed and operating correctly. FUNDING: Funding is available from the Water CIP Fund. CONCLUSION AND RECOMMENDATION: Approval of the motions as presented. 0tJb~ Eduardo Garalia, P.E. Director, Water Services r C" ~~~/ I ~_.- e R. Escobar, P.E. Director, Engineering Services (J~ Date l{;foE' Date Attachments: Exhibit A: Background Information Exhibit B: Location Map BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main PROJECT BACKGROUND: The Council-approved 1997 Water Distribution 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 C.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 Souths ide Water Transmission Main Phases 2, 2a & 3 from the intersection of 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 Garney 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 $1,824,742 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 H:\HOMEIKEVINS\GEN\WA TERISO- TRANSIPH4&5\AEV&AEngrCorrosionBkgExhA.doc - .~"' 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 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 ROWand 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. CONSTRUCTION PHASE SERVICES: Urban Engineering retained the services of V & A Consulting Engineers to design the corrosion protection system. V & A Consulting is the most familiar firm with the corrosion protection plans, specifications and required operation. Discussion among Urban Engineering, V & A Consulting, and the Water Department determined that engineering services for construction phase corrosion protection should be directly contracted between the City and V & A Consulting. V & A Consulting will: . Create anode resistance log; . Verify correct installation of anodes; . Adjust and verify rectifier operation; . Conduct installation testing of cathodic protection system; . Train City personnel in test methods and procedures including data recording and submission; . Review electrical continuity testing data; . Review electrical isolation testing data; and . Review casing electrical isolation testing data. The work will be completed on a time and materials basis for a total not to exceed fee of $49,900. H:IHOMEIKEVINSIGENIWA TERISO- TRANSIPH4&5\AEV&AEngrCorrosionBkgExhA.doc H: \HOU(\Mprojed\Councilexh \exhBJ900,8425.dwg ~z "'.... 'tJ. ~ -...,..... $iIltit ~" "'-0 052 "'-x -.JW ::J::2: C> . fll .... - ~ ~ Uj 15 AGENDA MEMORANDUM January 11, 2005 SUBJECT: Corpus Christi Airport Roadway and Parking Lot Improvements Phase 2 (Project No. 1019) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 14 (Entrance Roadway) with Bay, Ltd. in the amount of $130,000.00 for the Corpus Christi International Airport Roadway and Parking Lot improvements Phase 2. FUNDING: Funds for this project are available Airport Capital Project Funds. RECOMMENDATION: Approval of the motion as presented. r ~. oo\!- .... Dave Hamrick Director of Aviation &1! U~ f~5 ~ I R. Escobar, P.E. irector of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Change Order Summary Exhibit C: Location Map H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andside\^C014Memo.doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: Change Order No. 14 is necessary to allow payment for additional work completed by the contractor prior to proceeding with project closeout. During the course of the project, numerous changes were made to ensure the project was coordinated with other Airport projects. Each pay request was documented by a 30 page unit/quantity spreadsheet. This complex project was largely complete during the summer of 2004. Engineering Services and Bay management personnel participation in the negotiation of the final change order was required to resolve disputed pay items. The negotiation of the final change order was not completed until December of 2004. CHANGE ORDER: Change Order No. 14 included work related to the parking lot, roadway, terminal and art. This included additional hot mix asphaltic concrete for the parking lot, adjustment of inlets, parking lot elevation control, revision of overhead sign structure, repair of signature fueling slab, a granite walkway, and electrical work. PRIOR COUNCIL ACTION: Prior Council Action: March 24. 1998 - Motion authorizing the City Manager to execute a contract in the amount of $129,000 with Russell-Veteto Engineering, Inc. (M98-088). AUQust 25, 1998 - Resolution approving the financial feasibility plan to fund the 5-Year Capital Improvement Program for CCIA, including the Terminal Reconstruction program (Res. 023426). March 30. 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA (M99-089). July 20. 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects NO.7 & 10). November 30, 1999 - Motion approving Amendment NO.2 with RVE, Inc. in the amount of $385,000 for engineering services associated with the roadway/parking lot improvements (M99-414). December 18, 2001 - Approval of the roadway/parking lot design for Corpus Christi International Airport (M2001-482). Januarv 15. 2002 - Adoption of the Capital Budget (Ord. 024730), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects NO.4 & 5). January 29. 2002 - Motion approving Amendment NO.6 with RVE, Inc. in the amount of $146,150 for engineering services associated with revisions of construction documents for the roadway/parking lot improvements to address FAA security regulations (M2002-037). July 9. 2002 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $6,541,301.99 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot EXHIBIT A Page 1 of 3 H:\HOME\KEVINS\GEN\AIR\98IMPRVN~andside\^C014BkgExhA.doc Improvements, Phase 1 (M2002-199). October 8, 2002 - Motion authorizing the City Manager to execute Amendment No.1 to the contract for construction materials testing, laboratory and inspection in the amount of $40,062 with PSI. (M2002-338). December 17. 2002 - Motion approving Amendment NO.8 with RVE, Inc. in the amount of $165,665 for engineering services associated with Corpus Christi International Airport roadway and parking lot modifications for long term covered parking improvements (M2002-414). April 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order NO.6 in the amount of $87,208.84 with Berry Contracting, LP (dba Bay Ltd.) for modifications of fences, waterlines, detours, road repairs, inlets and other modifications for the Airport Roadway and Parking Lot Improvements, Phase 1 (M2003-138). October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 (Entrance Roadway) with Bay, Ltd. in the amount of $823,964.21 for the Corpus Christi International Airport Roadway and Parking Lot improvements Phase 2 (M2003-390). Prior Administrative Action: June 28, 1998 - Approval of Amendment NO.1 to the contract with Russell-Veteto Engineering, Inc. to reduce construction phase services and the authorized contract fee by $5,400 for a new total of $123,600. Februarv 9,2000 - Approval of contract with Professional services Industries, Inc. (PSI) in the amount of $13,185 for geotechnical engineering and testing. Mav 2, 2000 - Approval of Amendment NO.1 to the contract with Professional services Industries, Inc. (PSI) in the amount of $959 for geotechnical engineering and testi ng. October 27,2000 - Approval of Amendment NO.3 with RVE, Inc. in the amount of $6,965 for investigation of additional parking lot lighting. December 29, 2000 - Approval of Amendment NO.4 with RVE, Inc. in the amount of $14,990 for revision of the construction phasing plan. Januarv 17, 2002 - Approval of Amendment NO.5 with RVE, Inc. in the amount of $24,177 .62 for preparation of conceptual alternatives and presentation materials to address revised FAA security requirements. AUQust 20, 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000.00 for preparation of conceptual layouts of the covered parking lot and underground drainage for the entrance road. Auaust 28, 2002 - Approval of a contract with PSI in the amount of $21,270 for construction materials, laboratory inspection and testing services. September 23, 2002 - Approval of Change Order NO.1 with Bay, Ltd. in the amount of $0.00 to clarify wage rate determination. November 8, 2002 - Approval of Change Order NO.2 with Bay, Ltd. in the amount of $24,514.63 for additional demolition, disposal of fuel contaminated soil, environmental delays, and acceleration to complete Phase 1by October 25, 2002. November 19, 2002 - Approval of Change Order NO.3 with Bay, Ltd. in the amount of $24,275.00 to provide new parking lot cross section for rent car lot in lieu of pavement repairs and overlay. EXHIBIT A Page 2 of 3 H:\HOMEIKEVINS\GEN\AIR\98IMPRVN~andside\^CO 14BkgExhA.doc January 29, 2003 - Approval of Amendment No. 9 with RVE, Inc. in the amount of $23,500.00 for additional construction phase services, modification of pavement design, and runway end drainage/grading modifications. March 7. 2003 - Approval of Change Order NO.4 with Bay, Ltd. in the amount of $24,342.02 for removal stabilized material, wet material from work area, additional moisture barrier and waterproofing, additional storm water junction boxes, and water line modifications. March 31. 2003 - Approval of Change Order NO.5 with Bay, Ltd. in the amount of $24,604.43 for temporary paving, cement base stabilization, additional hot mix asphaltic concrete paving, and pavement repairs. April 28. 2003 - Approval of Change Order No. 7 with Bay, Ltd. in the amount of $24,656.97 for temporary paving, repair of wet base, additional fencing, additional paving, and one additional fire hydrant. April 30, 2003 - Approval of Change Order No. 8 with Bay, Ltd. in the amount of $24,871.95 for additional east entrance to parking lot. Julv 3, 2003 - Approval of Change Order NO.9 with Bay, Ltd. in the amount of $24,090.49 for secondary subgrade stabilization, electrical ductbank and conduit, exit plaza data/voice communication, mobilization for out of sequence utility work, and additional fencing. July 9.2003 - Approval of Change Order NO.1 0 with Bay, Ltd. in the amount of $23,700.00 for additional subgrade work in Signature parking lot. Auqust 15, 2003 - Approval of Change Order No. 11 with Bay, Ltd. in the net amount of $22,966.69 for modification of conduit systems, revenue/access systems, parking lot lighting, deletion of storm drains, add 18" drainage line, pavers for handicapped ramps, toll building carpet, communications rack at toll plaza building, roof drain connectors, modification of parking lot inlet transitions, and concrete paving at access control. March 24, 2004 - Approval of Change Order No. 13 with Bay, Ltd. in the net amount of $24,559.67 demolition of old toll plaza, modification to covered and long term parking areas, CCTV for toll plaza, bollards, and electrical work. FUTURE COUNCIL ACTION: No future Council action is required. RECOMMENDATION: Approval of the motion as presented. EXHIBIT A Page 3 of 3 H:\HOME\KEVINS\GEN\AIRI98IMPRVN~andside\^C014BkgExhA.doc - .-." DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August 26, 2003 PROJECT: CCIA ROADWAY & PARKING LOT IMPROVEMENTS PROJECT NO: 1019 APPROVED: BY CITY COUNCIL ON 7/9/02 BY MOTION NO: M2002-199 CONTRACTOR: BAY, LTD. P.O. BOX 9908 CORPUS CHRISTI, TEXAS 78469 TOTAL CONTRACT AMOUNT...................... 25% Limit Amount.......................................... Change Order NO.1 (9/23/02) ....................... Change Order NO.2 (11/8/02) ....................... Change Order NO.3 (11/19/02) ..................... Change Order NO.4 (2/26/03) ....................... Change Order NO.5 (3/21/03) ....................... Change Order NO.6 (3/24/03) ....................... Change Order NO.7 (4/28/03) ....................... Change Order NO.8 (4/30/03) ....................... Change Order NO.9 (7/3103) ......................... Change Order No. 10 (7/9/03) ....................... Change Order No. 11 (8/15/03) ..................... Change Order No. 12 (10/28/03) .................. Change Order No. 13 (03/24/03) .................. Change Order No. 14 (01/11/05) .................. Total.......................................................... H:\HOME\KEVINS\GEN\AIRI98IMPRVN~andside\^C014SumExhB.doc $6,541,301.99 1,635,325.50 0.00 24,514.63 24,275.00 24,342.02 24,604.43 87,208.84 24,656.97 24,871.95 24,090.49 23,700.00 22,966.69 823,964.21 24,559.67 130,000.00 1,283,754.90 = 19.6% < 25% File : \Mproject\councilexhibits\exh 10 19.dw9 ,or) i):Jt."'(~IO County :'tf-Q-s ~... r.ItI.624 1;0.., .s ~ t: ~ i ~ ~ ~ ~ 12 g N ~ a 2 !l 0 ! 'i ~ HWY" 1000 INTERNATIONAL ORIVE CORPUS CHRISTI, TEXAS (~'()ReUS (::-III\~IS -rl HAl" PROJECT LOCA nON a ~ <)ll LOCA nON MAP NOT TO SCALE HWY 44 (AGNES STY :\ AIRPORT ENTRANCE ROADWAY lID , - , i i \ I ' ,I L ! I -~ -'1: ,1 -'--=i< I: UI ,): AIRPORT PARKING LOT N ~f " AIRPORT TERMINAL PROJECT NO. 1019 SITE LAYOUT NOT TO SCALE EXHIBIT "e" CORPUS CHRISTI AIRPORT ROADWAY AND PARKING LOT IMPROVEMENTS PHASE 2 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS DATE: 1-05-2005 ~ -- - - - - PAGE: 1 of 1 16 AGENDA MEMORANDUM January 11, 2005 SUBJECT: Professional Minor League Baseball Stadium - Project No. 4285 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order NO.1 with the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $331 ,409.00 for installation of a 36-inch Storm Water Main from Whataburger Field to the Corpus Christi Ship Channel and increasing the Guaranteed Maximum Price to $21,791,935 for construction for the Professional Minor League Baseball Stadium. FUNDING: Funding is available from the Storm Water CIP Fund (Commercial Paper). RECOMMENDATION: Approval of the motion as presented. / , 6I? ~~ ~~s ~e . Escobar, P. E. rector of Engineering Services ADDITIONAL INFORMATIONL Exhibit A. Background Information Exhibit B. Budget Exhibit C. Location Map BACKGROUND INFORMATION ADDITIONAL INFORMATION: The Port offered to provide for storm water drainage from the field through one of their existing storm water lines. The line had been upgraded several years ago. After the Guaranteed Maximum Price (GMP) was established, it was determined that the line had in fact not been upgraded to its ultimate design. The storm water main in question was determined to not be adequately sized to service the Port property and the Stadium. The Port has agreed to provide an easement to permit the construction of an alternative outfall to serve the Stadium which is being processed. The storm water main in question will be a 36-inch diameter main leading from the north side of the stadium to a new outfall on the Corpus Christi Ship Channel. The high water table and adverse ground conditions will require dewatering and stabilized fill. The main will provide for all drainage from the Stadium including the athletic field drainage system. The athletic field drainage system is designed to allow play to continue within 30 minutes after a rainfall. PRIOR COUNCIL ACTION: The Stadium Project has involved a number of complex actions. Some of the significant actions by Council include: October 24. 2003 - a. Motion authorizing the City Manager, or his designee, to execute an architectural services contract in an amount not to exceed $1,240,000.00 with HKS, Inc. of Dallas, Texas for the Professional Minor League Baseball Stadium (M2003-370). b. Motion authorizing the City Manager, or his designee, to execute a project management services contract in an amount not to exceed $475,175.00 with Anderson Group Construction Management, Inc. of Corpus Christi for the Professional Minor League Baseball Stadium (M2003-371) October 28, 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). October 28. 2003 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation contract in an amount not to exceed $33,400.00 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2003-389). November 11. 2003 - Motion authorizing the City Manager, or his designee, to execute a demolition contract with Cherry Demolition Company, of Houston, Texas, in an amount not to exceed $466,000 for the Demolition of Compress Units 1, 2, and 3 for Stadium Construction subject to approval of an agreement with the Port of Corpus Christi Authority to purchase the property (M2003-405). December 9, 2003 - Motion authorizing the City Manager, or his designee, to execute EXHIBIT A Page 1 of 3 H:\HOMEIKEVINS\GENl8aseball\C01 BkgExhA.doc - .._.~. an engineering services contract in an amount not to exceed $32,500.00 with Wilbur Smith and Associates, Inc. of Dallas, Texas for a parking, roadway, and traffic study for the Professional Minor League Baseball Stadium (M2003-434) December 16,2003 - Motion authorizing the City Manger to execute a binding agreement with RSR Sports, Inc. relating to the location and operation of a minor league baseball team in the City (M2003-452). December 16, 2003 - Motion authorizing the City Manager to execute a Contract of Purchase with the Port of Corpus Christi Authority for the City Corpus Christi baseball stadium and related parking spaces subject to the certification of funds (M2003-453). Januarv 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a contract for Construction Manager at Risk with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana for the Professional Minor League Baseball Stadium (M2004-016). Februarv 24, 2004 - a. Motion to amend prior to second reading by substituting an amended long-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium (M2004- 069). b. Ordinance authorizing the City Manager to execute a lont-term lease with Round Rock Baseball, Inc., to manage and operate a baseball stadium to be constructed by the City, in consideration of the payment of rent and the obligation to have a minor league baseball team affiliated with major league baseball play its home games in the stadium (First Reading 01/27/04 - Ord. No. 025662). c. Motion authorizing the City Manager to execute a non-relocation agreement by and between the City of Corpus Christi and Round Rock Baseball, Inc. (M2004-070). March 30, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana establishing a Guaranteed Maximum Price of $21,460,526 for construction for the Professional Minor League Baseball Stadium (M20004-123). April 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a Construction Materials Inspection and Laboratory Testing Contract in an amount not to exceed $79,880 with Kleinfelder of Corpus Christi, Texas for the Professional Minor League Baseball Stadium (M2004-146).. PRIOR ADMINISTRATIVE ACTION: October 10,2003 - Distribution of Request For Proposals (RFP) No. 2003-06 (Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. November 12,2003 - Addendum NO.1 to the Request For Proposals (RFP) No. 2003-06 Professional Minor League Baseball Stadium Project) to 3 local contractors and 6 out of town contractors for Construction Manager at Risk. Februarv 20, 2004 - Award of Change Order NO.1 to Cherry Demolition Company, of Houston, Texas, in the amount of $18,000 for saw cutting for roof separation, and saw cutting fire walls. November 30, 2004 - Award of Amendment NO.1 to Kleinfelder of Corpus Christi, Texas in the amount of $11 ,972 for materials testing and laboratory services. EXHIBIT A Page 2 of 3 H:IHOME\KEVINSIGENIBasebaIIIC01 BkgExhA.doc PRIOR BOARD ACTIONS: The 4-A Board has approved the project and issued a re- imbursement resolution which allow expenditures to be reimbursed by the forthcoming bond sale for the project. EXHIBIT A Page 3 of 3 H:\HOMEIKEVINS\GEN\Baseball\C01 BkgExhAdoc -- -~.... .. PRELIMINARY BUDGET Professional Baseball Stadium CORPUS CHRISTI, TEXAS January 4, 2005 FUNDS AVAILABLE: PRELIMINARY BUDGET ACTUAL BUDGET Stadium Bond Proceeds 25,750,000 Sales Tax Proceeds 1,500,000 Storm Water CIP Fund 331,409 Street Lighting 95,000 Total 27,676,409 FUNDS REQUIRED: Demolition 484,000 Construction (GMP) 21,460,526 Change Order No 1 (Storm Water Outfall) 331,409 Construction Contingencies (5.3%) 830,428 Design Consultant (Arch.lEngineer) . 1,240,000 Project Management 475,175 North Tancahua Extension (Design) 24,805 Land 1,800,000 Roadway Improvements 274,410 Street Lighting 86,400 AEP Electrical Distribution 60,000 SBC Telephone 10,000 Design Reimbursements Survey Reimbursements (included in AlE contract) Construction Inspection (by Project Managment) Testing (Materials & Quality Control) 79,880 Testing Amendment No. 1 (Materials & Quality Control) 11,972 Geotechnical 33,400 Admin. Reimbursements Art 187,500 Environmental Clearance 13,554 Elimination of Architectural Barrier Review 950 Miscellaneous Expenses (Printing, Advertising, Express, etc.) 22,000 Total 27 ,426,409 Capital Repair Reserves 250,000 Total 27,676,409 Exhibit B Page 1 of 1 role : \Wproject\councileRlibiU\iIKh<f28.5.dwg AGNES ~ => CORPUS ~ ~ ~ CHRISTI '" INTERNATIONAl ~ .... AIRPORT NUECES &\y PROJECT LOCA TION ~ N CORPUS CHRISTI BAY LOCA nON MAP NOT TO SCALE STADIUM SITE \ . TEXAS STATE AQUARIUM CORPUS CHRISTI . CITY PROJECT No. 4285 VICINITY MAP NOT TO SCALE EXHIBIT .C. PAGE: 1 of 1 ~ -- - - - - PROFESSIONAL MINOR LEAGUE BASEBALL STADIUM CITY COUNCIL EXHIBIT OEPARTMrNT OF ENGINEERING SERVICES CITY OF CORPUS CHRISfJ, 1EXAS DATE: 01 1 I 2005 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 11, 2005 AGENDA ITEM: Ordinance authorizing the resale of one foreclosed property located at 1025 Green Bay which was foreclosed upon for failure to pay ad valorem taxes, for $3,650, of which the City shall receive $523.35, plus $239.79 for partial payment of City paving and demolition liens. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of this property. Approval of this ordinance will authorize the Nueces County Judge to execute a resale deed for the property. REQUIRED COUNCIL ACTION: Approval of proposed ordinance authorizing the resale of the listed property. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed ordinance in order to place the property back on the tax roll. /'~ O-~ Cind;O'Br~~ Director of Financial Services Attachments: Background Information Exhitilt A BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, L.L.P. is proposing the resale of the listed property for $3,650.00. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to payoff the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to receive $523.35 from the sale plus $239.79 for partial payment of City paving and demolition liens. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the property listed and the property, if sold, will be returned to the property tax roll for the upcoming year. EVI-I-I BJI - A [>1 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax 10# & Legal: 99-1663-A; Nueces County VS. Jose Alfred Chavarria 2550-0001-0450; Lot 45 Block 1, Flour Bluff Point Property Location: 1025 Green Bay Date of Sale: February 4, 2003 14,626.44 3,650.00 1,278.50 5,000.00 Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: 24.95% % of Current Value: 73.00% Entity Name Amount Due Amount You Each Entitv Will Receive Nueces Countv 3,100.42 502.70 Nueces Countv Education District 648.23 105.10 Citv of Corous Christi 3,227.83 523.35 Flour Bluff Indeoendent School District 5,151.29 835.22 Del Mar Colleae 1,019.76 165.34 Citv Pavina & Demo Liens 1,478.91 239.79 VACANT LOT THE PROSPECTIVE PURCHASER IS John P Doug/ass OF CORPUS CHR/STI 02-1104-H c: t\J - "'J :s. 'i r- . r- ri. ~ ,. '1t-. G> '" ^' ~ . '" ~ N i \> ..., 00 . 0 v. ~ " . :r: 11:. :or .:. : " "l "" " . I r- " . <:> -', .. J , + , ..... . .--+ ....,. ." I"... <"T<:-<:,.. "'"., ~~ "'1'... EXHIBIT A P'lle 2 U "'''' z'" 00 --i z- ,.0 rz; "'" ~-4 !l:o o ",0. '" ">e" ,. ~2. ",... z5 -iC :0:0 J>", Or -ic CIl." ." '" " ! . o , 0 ~ " , , 1 i 1 i ; " . , ~~ i; ~ , c:J ~g ~ ~ .,,:;,..~~,c _/",,-....,,- .,~ _. -..... .,~ ~ $I> z > < > r > :0 CI> -l > -l o z ~~ 4"~' .....,." EXHIBIT A - page 3 CEIITRAL ~ o ~ 70Nllru.. s c ~ lh --...I r- CJl .~ ." - O.e.&QJ'Tli .tIJ " ~ ;;1 !> JroNf IY: r co CO) c:: z ;l:> iJl <= ~ ~ 1J z: (if" '" V) (l "' 2:: ., '" p , , lI) 9 \l j:> o 10 rn '" r 'j> z: o <::J :;0 CI '" <: rn 1 . '" ~S7: \ " .. .' ... >J~ , 0. 4 ~ ~ ~~:; -.... _! I I I I I I I ! \ I I "" r' " ~ 0 _"."" M: \-JEST LAr:EfIDl. ___ ............ P ) '\ ' , '3 -, ~/~:u "'0 ~ A+"""" \ - -.- -"- --- ~ <<"'.",~ 0 V;;.. ~ ; > ~ ~ ~ . .~ ~ ""'- ..,,,,~ C) t'" r ~ '-.., ........ \.P ~ "\ . ~~o~ ~. / I G,Q$EN . '. ': ~l :I ~ . 1 . . . , , . .~ ~ ;"~ > . 1, -: 1 !._~ ' '!" : ~ . t!SL.lJ'::1 . ~ . . H ; ~ . ; . . , . . . ~ .. i :: i" ;,.n _ .,......, , r4l/'1"1 D t>G. -'1; - ":Jil " .. ... ~ N . "~ (fJ)~ . .1-;.1 f"t.. . t ,_.r '" , ~ _ T 'f \ , '. . , o " ~, ; (.;.): ... ,.~! 1 -i -~ ;1: :: i'... .. ~..l III II ;~~ --- ~. ~~~~ P,.... I ! lD~") ..:., ..,:.eIV,s ~ ~'. I -: ~ · ... . 0 -<; :;; ,,~ ... q!&,'" . (OJ " :t >> Xl ~ \ l" t . ~ o l" 3 \ )> . " . ~ !.,. "fE~NIIV& \, :,~~-~ : Ol:'~ -. .y. ~ .. n. . ~ "" . .c... , , :[ , , . ,I) :0 , , , ." ". ,Ik) :r~v~ ~ 1 .",1 . ,,'&,....\. " I - ,J...... \..()~ ~ ..---t- o. a ~- "1~ ~ 5 'l q ,.. ~.s<>& . . . . . ~ ,~( 6' , - . , '. , " , .. , . :'1 ,,' ~ , (~ . . . (CD)w :,1-/ I .' >, , " " " ~ ' . \ ~ I "> \ .., . . . , ''7 , , ~ ,- , . , . I of raN Ii "'.._u ,.. 'b:: ~. ~~ ~ ~ ;~~ ~ 'I:~h , . ~ ;;; ::a ;;. .. ~ I -t t, ~~ ". u,."lv , -. - -.. - - ~. - - . - . - J ~ N ~ ~ . ~ ~ S , N ..... ~ .' o . N n - "" ~ r' 'Z. 0 '" c: ;~ ~ '" " ~ 1> ';;.~ p ('>~ ~ 3. . ~ "" ~ . ~ Il' \ c: \',. -, r:., . , , , -...., ~ <" 1- <l <" , i ~ 8 .., ..' G '" '1' . , ~ 'Il . - ,?" ~ , , , , \\\\ ..,., , , ~" "~ '" 0,- ~ ' :~ I f1AL?..:___1'lJll ~.U." --\=: -:: :=~---: . , , , '.j, ", " \ , 4*;~_.7_,.1 '\~ \ , , o -c.. '" '{ , . , I , ,f olD ,.. ~ ~ :r = ~, !I ~ ~ =.; ~; .. - ..,... -l oST. .. _ L I " ~ 1 '" ~ I I " ~,I I _. ,t I " I ,I I . ,I , I l -[\D)_ ,. I --: 'I I ~ , ~ ~ ;; . \ ! " ~ . 'I :1 '"..:! I " I I I I I I I I .\ ~I il " .1 I I I I I I 1 I I '" ;oH \ . "a " 'u N ~ o . ~I 21 ! "."~""'" ... ~ /: -., ,.. o c: 10 {Jl r c: " -., '" '" '. ~ ~ Z ,. .,. ,.. .... 'Tl ,. ro :I ... " .. p '" '" '" ..j "' w ~@~ ~ , " <0 . .. I. ORDINANCE AUTHORIZING THE RESALE OF ONE PROPERTY LOCATED AT 1025 GREEN BAY WHICH WAS FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, FOR $3,650; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The governing body of the City of Corpus Christi authorizes the resale of one property located at 1025 Green Bay, Corpus Christi, Texas, which was foreclosed upon for failure to pay ad valorem taxes, for $3,650, of which the City shall receive $523.35, plus $239.79 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor t\.. APPROVE,D: This ~day of ~, 2005: By: ~ Lisa Aguilar Assistant Ci Attorney for City Attorney -- _. -..,. Corpus Christi, Texas day of ,2005 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: l/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 Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Melocly Cooper Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11, 2005) Case No.: CI104-02. City of Corpus Christi Landmark Commission and Johann Collins: Change of zoning from "B-5" Primary Business District to "B-5" with HC-IV Primary Business District with Historical-Cultural Landmark Classification, resulting in a land use change from primary business to primary business with landmark preservation. The property is in the Beach Addition, Block 44, Lot 6, located on the southwest comer of Chaparral Street and Palo Alto Street. Planninl! Commission and Staff's Recommendation (11103/04\: Approval. ReQuested Conncil Action: Approval of the "B-5" with HC-1V Primary Business District with Historical-Cultural Landmark Classification and adoption of the attached ordinance. Purpose of ReQuest: Obtain historical designation for the existing single-family residence. Summarv: . On September 23, 2004 the Landmark Commission held a public hearing on the subject property, to designate the single-family structure located in Old Irish Town, currently zoned "B-5" Primary Business District, with the overlay designation "H-C" IV - Historical-Cultural Landmark Preservation. The subject property is located along the southwest comer of Chaparral and Palo Alto Streets. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating due to the architectural significance of the structure and its' location in Old Irish Town. The Landmark Conunission reconunended the request be approved and forwarded to the Planning Commission and City Council for action. . The "H-C" IV overlay designation is a classification for private buildings not open to the public. Exterior and minor interior building modifications would require Landmark Commission review and action within 30 days of the building permit request date. lfno action is taken by the Landmark Commission within the 30-day period the property the owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with t he property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Conunission must issue a Certificate of Appropriateness for the requested building modification. . Demolition procedures for a "H-C" IV overlay designation would require a 60-day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60- day period the property owner may proceed with the demolition. In the event tlie property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. . The subject property is identified in the City of Corpus Christi historical site survey and the Nueces County historical site survey as a historically significant structure due to its architecture and location in Old Irish Town. Historical records indicate the structure was fom18lly known as the Mona Ethel Bates House, who at one time owned the Sidbury, Lichtenstein and Gugenhein houses. The structure was built circa 1895 and is classified as a Queen Anne style structure. It is a l-story wood frame structure with lap siding. A curved porcli with hollow columns extends along the east front and south side area of the structure. Agenda Memorandum Case No. CI104-02 - City of Corpus Christi Landmark Commission and Johann Collins Page 2 Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 24 notices mailed to the surrounding property owners, 0 were returned in favor and 0 were received in opposition. The 20% rule is not invoked. This case is considered noncontroversial ~WIV Michael N. Gunning, AICP Assistant Director of Development Services MNG/FGM/ca Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIRISHAREDIERMA\ WORDIAGENDMEM\2004\Cll04-02AGENDAMEMO.DOC CITY COUNCIL ZONING REPORT Case No.: CI104-02 Planning Commission Hearing Date: November 3, 2004 o(l = .... ,S: ; -; Co u bJ:l._ ._ ~ a. -a~ ~ c. " < ~ bIl"'O; = " ,~ = = 0' o " No:: '" " '" ;:;> 'C = '" ..l 'C = '" bIl = '2 o N bIl .5 .... '" ';; ~ o(l '" c.= '" 0 :; ".; ==:s ~;.. < Applicant: City of Corpus Christi Landmark Commission and Johann Collins Owner: Same as applicant Agent: City of Corpus Christi Landmark Commission Legal DescriptionlLocation: Beach Addition, Block 44, Lot 6, located on the southwest corner of Chaparral street and Palo Alto Street. From: "B-S" Pnmary Business District To: "B-S" with "HC-IV" Primary Business District with Historical-Cultural Landmark Area: 0.17 acre Purpose of Request: Obtain historical designation for the existing single-family residence Zoning Site "B-S" Primary Business District North "B-S/HC" Primary Business District with Historical Cultural Landmark Preservation South "B-S" Primary Business District East "B-5" Primary Business District West "B-S" Primary Business District Existing Land Use Low-density residential Future Land Use General commercial Vacant General commercial Low-density residential General commercial General commercial Commercial building and vacant lots Vacant and light industrial General commercial Area Development PlanlPreservation Plan: The South Central Area Development Plan (ADP) recommends the area develop with commercial development. Designating the subject property with a historical designation accomplishes the goals identified in the Preservation Plan. The requested "B-S" Primary Business District with HC-IV" IS consistent with the ADP and Preservation Plan. Map No.: 04S04S Zoninl! Violations: None Zoning Report Case No. Cl104-02 (City of Corpus Christi Landmark Commission and Johann Collins) Page 2 . On September 23, 2004 the Landmark Commission held a public hearing on the subject property, to designate the single-family structure located in Old Irish Town, currently zoned "B-5" Primary Business District, with the overlay designation "H-C" IV - Historical-Cultural Landmark Preservation. The subject property is located along the southwest comer of Chaparral and Palo Alto Streets. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating due to the architectural significance of the structure and its' location in Old Irish Town. The Landmark Commission recommended the request be approved and forwarded to the Planning Commission and City Council for action. " " e e = rJJ . The "H-C" IV overlay designation is a classification for private buildings not open to the public. Exterior and minor interior building modifications would require Landinark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Comrnission within the 30-day period the property the owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. '" I:: " - rJJ . Demolition procedures for a "H-C" IV overlay designation would require a 60- day review period from the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the property owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Zoning Report Case No. CII04-02 (City of Corpus Christi Landmark Commission and Johann Collins) Page 3 . The subject property is identified in the City of Corpus Christi historical site survey and the Nueces County historical site survey as a historically significant structure due to its architecture and location in Old Irish Town. Historical records indicate the structure was formally known as the Mona Ethel Bates House, who at one time owned the Sidbury, Lichtenstein and Gugenhein houses. The structure was built circa 1895 and is classified as a Queen Anne style structure. It is a 1- story wood frame structure with lap siding. A curved porch with hollow columns extends along the east front and south side area of the structure. ~ Street Type Paved Section Volume 0 (200n ~ Chaparral Street Arterial 80' ROW w/62' Bk. To Bk. 2,930 a.d.t ... Paved section .. .. N. Mesquite Street Arterial 80' ROW w/62' Bk. To Bk. 1,980 a.d.t .. ... Paved section rJJ '" ... = ,S'" Q.,!J rJJ '" ... = ::l .~ a .~ E a Q aU Q ... U ::l .:.: a .. ... os .. a g, 'l:l <II ~Q ..rg os The subject property is platted. The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements 0 fthe City 0 fCorpus Christi, per the "H-C" H istorical- Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan, and element of the Comprehensive Plan. In 1997 the Landmark Commission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "H-C" Historical-Cultural Landmark Preservation overlay designation. The proposed "B-5" District with a Historical-Cultural Landmark classification ("HC-IV") on the subject property accomplishes the goals of the Preservation Plan. Zoning Report Case No. Cl104-02 (City of Corpus Christi Landmark Commission and Johann Collins) Page 4 = C> .. ... '" '1:1 ::: = '" .. ... E rJJ E C> .. .. ~ Approval of "B-5" Primary Business District with a Historical-Cultural Landmark Overlay - "HC-IV" = C> c::; .. C> 01 ..,..".- - = "' w ._ rI:l = C .'- ~ = E E ..!S E e ~ C> C> U .. .. ~ Approval of "B-5" Primary Business District with a Historical-Cultural Landmark Overlay - "HC-IV" "' "''1:1 = .. .. ;> e ':;) e .. C> .. U~ Number of Notices Mailed - 24 Favor - 0 Opposition - 0 (As of December 8, 2004) Attachments: Zoning Map 50 1-3 -z. 03 ~ b z ~ ~ \ _-IO-I3-(U F-R F.....Il:.....Disaid: RE Ill......... e... DiIIIrid RA One F.mty Owlllling Distric:l: 11:-1'" One F..,;ty o..-og Dhllricf R_18 an. F..my Dw-'k1g Di_rieI R-1C One F.....1y o..ang a.rieI CilyofCcllpusChrillti,TX '-. " . . ~ o.p--------- B-5/HC -2 z ~ ~ (fl 1J 1 43 C...e .1.10.~OR .otlc. ..1' R-TH Tow~DwotllingDistrict R-2 lIuItipleDwelingDhllricl T-tA T......Tnllill_PriOi$triCf 8-1 N...;J<bv.I-.d......s Oistrid: B-1. No,.;.,f.....I...-d...... Dnmc:t "'2~~District J.3 H.....,.1ndu......Distric:t SP ~hnnil: PUD "--d UniI: 0."""'- He Hi~"'''''~''~ B-2A a.rn.1sl-.t 8__ Disbid T.18 "'111,_..0:1 Home...wI< Dismd B-2 hyfranl....... District 80 Corpus Chmti ....... Dnign District 8-38usi_1hIo1cI . NORTH T_te -..racn.-.:IH_Subdi.........Disbid A-1~HousoIDiIllrict "'-1" ......-. Hase District "'-'2 ~Hause DisIrid AT~-T....tslO...ric:I A8 Pn:JIessi.....OIIic:eDistlid ~ ~...-..- Di_ 8-6 Pnm.yBul:ineHDisOicC 8-6 ..nm.y Businns Core Di.ma 1-1 Umiled~D"'ric:l: o 200_ I 100 Planning Commission Minutes November 3, 2004 Case No. CII04-02 (City of Corpus Christi) 1104-02 - City of Corpus Christi Landmark Commission and Johann Collins Request: Change of zoning from "B-5" Primary Business District to "B-5" with HC-IV Primary Business District with Historical-Cultural Landmark Classification, resulting in a land use change from primary business to primary business with landmark preservation. Excerpts from Zoning Report Legal Description/Location: Beach Addition, Block 44, Lot 6, located on the southwest corner of Chaparral Street and Palo Alto Street. Purpose of Request: Obtain historical designation for the existing single-family residence Area Development Plan/Preservation Plan: The South Central Area Development Plan (ADP) recommends the area develop with commercial development. Designating the subject property with a historical designation accomplishes the goals identified in the Preservation Plan. The requested "B-5" Primary Business District with HC-IV" is consistent with the ADP and Preservation Plan. On September 23, 2004 the Landmark Commission held a public hearing on the subject property, to designate the singlelamily structure located in Old Irish Town. currently zoned "B- 5" Primary Business District, with the overlay designation "H-C" IV - Historical-Cultural Landmark Preservation. The subject property is located along the southwest corner of Chaparral and Palo Alto Streets. The subject property was identified in the Historical Site Survey as being an historical element of the city and received a high priority rating due to the architectural significance oft he structure and its' location in Old Irish Town. The Landmark Commission recommended the request be approved and forwarded to the Planning Commission and City Council for action. Staff Recommendation: Approval of "B-5" Primary Business District with a Historical- Cultural Landmark Overlay - "HC-IV" 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 24 notices mailed. None were received in favor or in opposition. The public hearing was opened. Mr. Johann Collins, 1323 North Chaparral, stated he restored the property himself and lives there. He stated he appreciated the commission taking into consideration having his home as a landmark. It is important to preserve the heritage of Old Irish Town. The public hearing was closed. A motion was made by Zamora and seconded by Mims to approve staffs recommendation. The motion passed by all present. 1 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI LANDMARK COMMISSION AND JOHANN COLLINS BY CHANGING THE ZONING MAP IN REFERENCE TO BEACH ADDITION, BLOCK 44, LOT 6, FROM "B-5" PRIMARY BUSINESS DISTRICT TO "B-5" WITH "HC"- IV PRIMARY BUSINESS DISTRICT WITH HISTORICAL-CULTURAL LANDMARK PRESERVATION; 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 The City of Corpus Christi Landmark Commission and Johann Collins 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, November 3, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005, 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 Beach Addition Block 44, Lot 6, located at the southwest corner of Chaparral Street and Palo Alto, from "B-5" Primary Business District to "B-5" with "HC"- IV Primary Business District with Historical-Cultural Landmark Preservation. (045045) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIRUosephlZoning-Q4\1104-o2reg.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED < fAllo', ( 2005 Joseph H:2::; 1+-0 Senior Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIRlJosephlZoning-Q4\ 11 04-02reg.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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. IIwe, 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-D1R\JosephlZoning-04\1104-D2reg.doc 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11, 2005) Case No.: 1204-01: Bav Breeze Development Co.. L.P.: A change of zoning from a "F-R" Farm-Rural District to a "R-lC" One-family Dwelling District, resulting in a land use change from agricultural to low density residential. The property is 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8,located south of Holly Road and % mile east of Rodd Field Road. Planninl! Commission and Staff's Recommendation 01119/04): Approval. Requested Council Action: Approval of the "R-l COO One-family Dwelling District and adoption of the attached ordinance. Purpose of Request: Development of a 300-lot smgle-family subdivision during four (4) phases. Summary: . The applicant has requested a change of zoning to an "R-IC" One-family Dwelling District to develop a 300-lot single-family subdivision on 60.15 acres. Development of the subdivision will occur as a four (4) phase project with each phase ranging from 60 to 80 lots. . Housing within the single-family subdivision will be predominantly one-story ranging from 1,200 to 2,000 square feet. . The water/wastewater demand of the four (4) phase development would generate 18,045 gallons per day with a solid waste demand of 2,670 lbs. daily. . The minimum lot area requircd for the "R-1C" District is 4,500 square feet. The "R-IC" One-family Dwelling District also allows a maximum density 9.68 units per acre. . Primary access for the property is provided along Holly Road, constructed as a rural arterial with a 40-foot right-of-way. The Transportation Plan recommends Holly Road be improved to an 80' R.O.W. with a 62' back-to-back paved section. . The proposed development would generate 3,000 average daily trips. . The requested "R-1C" District is supported by the Southside Area Development Plan's future land use map and is consistent with the "R-1C" District to the southwest. Applicant's Position: Applicant concurs with the Planning Commission and Staffs recommendation. Notification: Of the 11 notices mailed to the surrounding property owners, I was returned in favor and none in opposition. The 20% rule is not invoked. This case is considered noncontroversial ( /11t&/tavf Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/ca Attachments: I) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIRISHAREDlCHRIST ALIWORDIAGENDMEM\200511204-01AGENDAMEMO.docDOC CITY COUNCIL ZONING REPORT Case No.: 1204-01 Planning Commission Hearing Date: December 1,2004 o/J = .... <= c-; .. .. Q" .~ ~'C "a~ ~ Q" .. -< Q 0Jl";;; = .. .- = = 0" <= .. NCl:: "0 = .. 0Jl", = .. .- '" ~;;J N"O 0Jl= = .. :="J '" .- ~ ~ Applicant: Bay Breeze Development Co., L.P. Owner: Same as applicant Agent: Urban Engineering - Victoria, Texas - Ray Bridges Legal DescriptionlLocation: Being 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, located south of Holly Road and % mile east of Rodd Field Road. From: "F-R" Farm-Rural District To: "R-IC" One-family Dwelling District Area: 60.15 acres Purpose of Request: Development of a 300-10t single-family subdivision during four (4) Phases. Site North Zoning "F-R" Farm-Rural District "R-2" Multiple Dwelling District and "R-IB" One- family Dwelling District "F-R" Farm-Rural District "F-R" Farm-Rural District "F-R" Farm-Rural District Existing Land Use Agriculture Agriculture Future Land Use Low-density residential Low and medium --<iensity residential South East West Agriculture Agriculture Agriculture Low-density residential Low-density residential Low-density residential o/J '" Q" = Area Development Plan: Southside - The future land use map recommends low-density .. <= ::;; '; residential as proposed by the "R -I C" District. . - Map No.: 03933, 039032, 040,033 and 040032 ~ ~ Zoning Violations: None -< H:\PLN-D1R \SHARED\CHRIST AU WORD\ZONRPTS\2004\ 1204-0 I CCREPOR T.doc Zoning Report Case No. 1204-01 (Bay Breeze Development Co., L. P.) Page 2 C> .. 8 8 = '" '" l::: .. ... '" ,,~ .. . .b0 '" . Q:: '" =.e ~.5 '" ... = '" .. ... 8 ~ 1:: 8 .. 8 c.o ~U . The applicant has requested a change of zoning to a "R-IC" One-family Dwelling District to develop a 300-lot single-family subdivision on 60.15 acres. Development of the subdivision will occur as a four phase project with each phase ranging from 60 to 80 lots. . Housing within the single-family subdivision will be predominantly one-story ranging from 1,200 to 2,000 square feet. . The water/wastewater demand of the four phase development would generate 18,045 gallons per day with a solid waste demand of 2,670 lbs. daily. . The minimum lot area required for a "R-l C" District is 4,500 square feet. The "R- 1 C" One-family Dwelling District allows a maximum density 9.68 units per acre. . Primary access for the property is provided along Holly Road, constructed as a rural arterial with a 40-foot right-of-way. The Transportation Plan recommends Holly Road be improved to an 80' R.O.W. with a 62' back-to-back paved section. . The proposed development could generate 3,000 average daily trips. . The requested "R-lC" District is supported by the Southside Area Development Plan's future land use map and is consistent with the "R-lC" District to the southwest. Street Type Paved Section Volume (2001) 40' R.O.W. wi 22' pavement 910 a.d.t. Holly Road Rural arterial A plat will be required prior to development. The proposed "R-lC" single-family development is consistent with existing residential development patterns in the area. As development continues, Holly Road improvement as an urban arterial will be necessary. HIPLN-DIR ISHAREDlCHRIS T A L\ WORDIZONRPTSI2004\ 1204-01 CCREPORTdoc - ..-, Zoning Report Case No. 1204-01(Bay Breeze Development Co., L. P.) Page 3 = .S ... .. '0 l:: = .. '" ... 8 00 8 <= '" '" " Approval of the "R-I C" One-family Dwelling District. = .S = ... ~.~ ~ .6 ~ = C .... ~ = 8 8 ~ 8 8 ... <= <= u ... '" " Approval of the "R-lC" One-family Dwelling District. '" "''0 == '" '" > 8 'il 8 '" <= '" u" Number of Notices Mailed -- 11 Favor--l Opposition--O (As of January 3,2005) Attachments: Zoning Map H:\PLN-DIR\SHA RED\CHRIST AL\ WORD\ZONRPTS\2004 \1204-01 CCREPOR Tdoc R-1C R-1B R-1C ",~ (,,~, *0 ' f'" O<lJ", / ',,'I?llJ~ , (O~'" O.qlJ~ AlI/Jm-,o-Z(J-(H c.~~ ~;II. ~O4:""O ;II. H@1!:i.~~ _~p f.R F~rm Rural Olstricl RE ResidenlialEslaleOislricl RA On.. hmilV OWlllling District R-1A One F:amHy Dwelling District R-TH TownhouseOwelling District 8-1 Neighborhood Business Dislrict B-1 A Nelgllborhood Bus;ness Olstrlcl B-2A Barrier Island Business District 1.2 LightlnduslrialDistrict 1-3 Heavy lnduslr;al O;sllict SP Specl"IPermit PUO Planned Unit Development He Hislorlcal-CulturaILandmarkPrese....ation R-2 Multipl" Owolling Dislricl T.1A Travel Trailer Park Oistricl T_t8 Manufactured Home Park Dislrict B-2 BayfrontBusinessDistrict BO Corpus Christl Beach Design Oislrict R-1B OnaFamily Dwell;ng District R,1C One Family Dwelling District T_te ManufacluredHome Subdiv;sion District City of Corpus Christi, TX ~''''''! A-' Ap~rtment House District A-IA Apartment House District A-2 Apartmenl House D;strict B_3 Bus;nessD;slricl B-4 General Business District . NORTH B-5 Primary Business Dislr;ct AT Apartment_TourislDistrict 8-6 PtimaryBusiness Core Dislrict AB Prolessionai otr,ce District 1-1 LlmltedtndusttlillDistrict o 250 500 Feet I Ooporn.nl"'~Setv;,;.. Planning Commission Minutes 12/01104 Case No. 1204-01 (Bay Breeze Development Co., L.P.) Amsler abstained and left the council chambers. 1204-0 I - Bay Breeze Development Co L.P Request: Change of zoning from: "F-R" Farm-Rural District to "R-lC" One-family Dwelling District, resulting in a change ofland use from agriculture to low-density residential. Excerpts from Zoning Report Legal Description/Location: Being 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, located south of Holly Road and Y. mile east of Rodd Field Road Purpose of Request: Development of a 300-10t single-family subdivision during 4 Phases. Area Development Plan: Southside - The future land use map recommends low-density residential as proposed by the "R-IC" District. Staff Recommendation: Approval of the "R -I C" One-family Dwelling District Mrs. Faryce Goode-Macon, City Planner, provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were II notices mailed. One was received in favor and none in opposition. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Braselton and seconded by Salazar to approve staff s recommendation. The motion passed with Mims and Zamora absent. Amsler returned to the council chambers. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BAY BREEZE DEVELOPMENT COMPANY, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 60.15 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 27, LOTS 6 THROUGH 8, FROM "F-R" FARM RURAL DISTRICT TO "R-1C" ONE-FAMILY DWELLING 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 Bay Breeze Development Company, L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 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 60.15 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 27, Lots 6 through 8, located south of Holly Road and % mile east of Rodd Field Road, from "F-R" Farm-Rural District to "R-1C" One-family Dwelling District, as shown on the attached Exhibit. (039032,039033,040032,040033) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIRIJosephlZoning-04\ 1204-01 regular.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI v Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED J""vo <I ~/9- Joseph Ha ey Assistant City Attorney For City Attorney 2005 H:\LEG-DIRIJosephlZoning-04\ 1204-01 regular.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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:\LEG-DIRIJosephlZoning-04\ 1204-01 regular.doc _. '"._~ JAN-4-2005 12:28 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 0'::::1:-]3-04 02:04P -' 60.15 ACRES RE-ZONING THESTATEOI'TEXASI THE COUNTY 01' NUECES} BEING II 60.1' I!;re Iract uf land compri..:d of f.o~ 6, 7 and 8, Section 17, Flour Bluff and Encinal Farm and Gudcn '-,aelA.. rccUC'dcd I. V(1lumc A, Pac- 41-4:1 oftbo fl,bp It"onk of Nl;I,<:cc COUDlY, Tc:oo:u. ..,d bcina. portiollof lhal cerl.llill (nu;t of land conveyed by Maud Frcnch. ~I _I to Ray E. p.,terlOll and Roy Smith ac;con:liDJ 10 in~1n..nc:nt rccerdGd in Velum.. 11SS, rage 162-164 af tho Deed RJ::QOrcb of Mid COW1ty, and funhor bein& conveyed by Rtly E. I'l;lcnon 10 Christy Ann Peterson Drown and Palricia Ray PctcBOIl Nuu acClQrdina 10 lnltrument recurd~ In Volume 1827, PaWl: 4S:S of I.hc Deed Record. of ~ald County, aaid 60, I S ..ere l~l uf land tJeinw more rully dcs\;fibc:d by mete!l and bound" as rollowlI: BEGINNING ll( tI 511l inch diameta rc:btlr (wi,II ydllJw plume cap Jtamp<:d "URBAN SURf/EYING, lIVe. '') 5Ct to mark the commQn corner uf Lola ~ and 6 of said Scclion 27 and Lola 27 and 28, Secllon 28 of ..id Flour Bluff and Encinal Fann and Garden TNlCl/l; THENCE, Suuth ill dca. 22' )3" East, alollglhe common line: Qf~id Section 27 and 'bid Secllrm 28, a distauce of 198},)1 feci 10 Il 5/R inch dlamcter rebar (>.4.'llh J'fdlow pfa.ft/C cap stamped "URBAN SURf/EYING, INC. '7 sel to mark the COffio",n comer of said Secdons '27. 28, J I IIJld 32 of.aid FlaW' Bluff I.fId Encinal Fann and Garden Tra\:L1, THENCE, South 2R deg, JR' 47' West, alon~ the cummuD line of~id l.Q18, ofsllid Section 27 II.nd Lot I, ufuid Section 32 at 1100,)) feet pa'~ II .5IB inch dialno;ter rebllr (wi/It J,..Jlow pfustlc cup .1Iumpr!d "URBAN SURYEYING, fNC ") li'et for referellce, llmJ cOOlinuing for an ovenLlI du<tancc lJf 1320.n feet 10 lhc common corner of lob 8 llnd 9, of !\:aid Scclion 27. ami LOI& 1 and 14 of $aid Sel..1ion J2; THENCE, Nurih 61 dca. 2$' 06" West. along the comnwn line of LoU 8 and 9, ofK8id Section 27, the common line uf Lot., 7 Wid 10, ..r lIaid S..."'t:lion 27 WId lhc \;OlnmOn liuc of Lot, 6 .ad 11, of Mid S~ctinn 27, IIn overall di~anccof 1'9'1:].37 fcello lhe common comerflf Lob S. 6, II and 12, Section 27; , THENCE, North 2" U0::8_ 38' 47" EaSI, alona the common line of lUid Lot. 5 and 6, Seclioll 27, III 60.00 feel pa.~:'I . SIR inch dianlctcr roebw- (widt yellnw plastic cap $tampI!J "URBAN SURYEYING. INC 'J 5e{ for reference and c,;mtin...illg for an overall distance of IJ2L79 feet 10 the rOINT OF BEGINNfNC, oontnlning .....-ilhin the..o:.e mclci ~nd bounds 6(), l.'i al,;rell nf land, more or I~u Bearings bosed 011 Texa,,, SllIle Plane Coordinate System. South Zone, using City of Corpus Chrisll cORnol JOClnun~nls SP 071 and sr 080. DeAring from SP 07110 SP 080 i.s Norih S2 cfea. 28' 26.49" Wcnll, The foregoing tieldnutc dcscription and RCcomp4oying survey plat were pr~l\red from an liIctualaurvey made on tbc yr<Hmd wulel' my "\l~rvi,ioll in May, September alld October, 2004 ~ Ire true aM CllrTeCl 10 lhe lIesl (If my knowledge: and belief, r'-- :.1~le~ Regllr.tcrr:od rrofcs."IMal'~ Surve:Yflr Texas No, 4943 lof Q,/o{- S 14065re:z:oniJli/ttrll Q,O.~ ,04 ~, I~D4'- D \ P.2/7 P.07 , , , ' , ' I ~A ,fAr~. ,IIflDSIW. rr IP I I 111 /1 eNII'$'),AoWN7FJI.ItW~,I/IWl' / ~A"'N'" AJt'.,ty1tlUar MISS / I JaUIE IU'. 'MIi' (SS ,/ JJi"n"!"~ /1 , ' , , //' " /, JAN-4-2005 12:29 FROM:CITY OF CORPUS CHRIS 3618263560 Oct-13-04 02:04P ~ KAK/N&f I.4SrP tw flXir STAff,or....,. <<4f#//lMlr SrTll1i/ tSlllflf BllCI mlMt e"" (JI!' ~ IWIS'I awnu M1fMt&" SI' I'"~ ..w v MP f<<M'Mi' ...........H' (1/1 ", 9 M1 IS' _/'If g tx6. N~ H. (~~ E.1'rJ ~ T I I I I I I I ,) '/.-I()(J"fN ,. '~M.S'.fTh t1IIllrllllAl/JiCP ~ NIJ. ,. $16 DFO ,uQ:MPJ' nucn J. (. " .I J'F&T/tw ,N " H:%tM I$N. ,.ur $N _Jll/i&l"€ASnI1f'f I," ,II , .~Jl;-t '7'1tJ.1' ,,'?7 '\ . '(,J Alr-.I"QII/M' SUItEI' RAr Far IW lIJJJ".-hW'. tl'" .I Ill. IS At'M l1U&r IT lAM) aJIRI'fR>> IJI' Uln,. r,.lM1 I, SECrllM' ~r. n.tVr <<u:.r -'4t'1 DC/NM ;AII/ NfD ~r.w€rs. or....aIti1/KfafM"A. fWGE,f(I"".J(JI'MJMP~tT MEas t:11Ufrl'. /l'r.u. TO: 98803239 P.Y7 P_DS , -' {> SZ";'j'"/OIV ./;-"1/ IUr~. KroISlJN. ET 1,(1 '" . I I I ,. IV _<<7~ -,.,,.,. -,,~ """-" _'IaT \,:; .~ S:i '\ \~ .7CC1~OjV ,~~I ,) \ / I I I , 11tD1t:'J1TS SEr ~ 11tIDII1'~W/FI1CIIM . '/lll1CU.IlA1r/~ (AP TIMID ~SUlwrl._. nr. ~ .... sll~~NO~~NC. __ ..,,,nlu... nus . 1.3111In....u' $GAtE' ,. - 400' J_ m tUM.lI c.- As-e. I ~o<-t - 0 \ 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11,2005) Case No.: 1204-02: Mav Development. L.P.: A change of zoning from an "A-I" Apartment House District to a "B-4" General Business District, resulting in a land use change from medium density residential to general business. The property is located east of Lexington Road and 400 feet south of South Padre Island Drive. Planninl! Commission and Staff's Recommendation Ol/19/04): Approval. Requested Conncil Action: Approval of the "B-4" General Business District and adoption of the attached ordinance. Purpose of Request: To incorporate an additional 1.51 acres into the 16.71 acres to the north for the development of a proposed marine equipment, boat sales, and boat storage use. Summarv: . The applicant is requesting a change of zoning to a "B-4" General Business District on an additional 1.51 acre area for the purpose of establishing a marine equipment and boat sales and service use. The total development site is 3.95 acres. . The subject property will be incorporated with 2.43 acres to the north that has frontage along South Padre Island Drive access road and Lexington Road. (see attached plat) . The proposed plan for the subject property and the 3.95 acre area to the north include the development of two (2) buildings with a combined area of 20,000 square feet and a maximum building height of 15 fecI. . The proposed business will operate Monday through Friday from 8 am to 5 pm and on Saturday from 8 am to 12 noon with approximately fifteen (15) employees on site. . The subject property has direct access along Lexington Road, a rural collector that connects directly to South Padre Island Drive access road. However, once the subject property is incorporated with the property to the north, primary access will be provided along the South Padre Island Drive frontage road. . Expected traffic generated by the proposed boat sales and service use is estimated at 210 average daily trips per day that would be accommodated by the existing street systems. . The Southside Area Development Plan rccommends the area to develop with low-density residential. The "A-I" District is a medium density use which is comparable to the density of some commercial uses. The Comprehensive Plan Elements can be supportive of the requested "B- 4" General Business Distnct since the subject property is an extension the existing "B-4" District to the north. Applicant's Position: Applicant concurs with Planning Commission and Staffs recommendation. Notification: Of the 7 notices mailed to the surrounding property owners, none were returned in favor or in opposition. Tbe 20% rule is not invoked. This case is considered noncontroversial /CI~ 4L..__ Michael N. Gunning, A1~~ / Assistant Director of Development Services MG/FGM/ca Attachments: I) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:\PLN-D!RISHAREDlCHRlSTALIWORDIAGENDMEM\2005\1204-02AGENDAMEMOdocDOC CITY COUNCIL ZONING REPORT Case No.: 1204-02 Planning Commission Hearing Date: December I, 2004 '" bll Applicant: May Development, L.P. .. = ...l 0 Owner: Same as applicant ~ "':: Agent: Urban Engineering- MurfHudson, P.E. =- .... .- = ... Legal Description/Location: Being i.51 acres out of Flour Bluff and Encinal Farm and '" '"' '" .~ ~ Garden Tracts, Section 28, Lot 12, located east of Lexington Road and 400 feet j5,Q =- south of South Padre Island Drive. <( .... From: "A-I" Apartment House District '" .. = To: "B-4" General Business District C' .. Area: 1.51 acres (Total site development area is 3.945 acres) i:C bll Purpose of Request: To incorporate an additional 1.51 acres into the 16.71 acres to the = '= north for the development of a proposed marine equipment, boat sales and boat 0 storage use. N '" .. Zonin!! Existin!! Land Use Future Land Use '" ;::> Site "A-I" Apartment House Agriculture Medium-density "0 = District residential '" ...l North "B-4" General Business Agriculture and business General business "0 = District '" bll South "A-I" Apartment House Agriculture Low-density residential = District '= 0 East "B-4" General Business Agriculture General business N bll District = .- West "R-IB" One-family Agriculture Low-density residential .... '" .~ Dwelling District >-l Area Development Plan: Southside - The future land use map recommends the subject o(l '" property develop as low-density residential use. The current "A-I" District is a medium- ~ 5 density residential use. The adopted Comprehensive Plan and policies can be supportive ::;.~ of the requested "B-4" General Business District since the subject property will be part of ~ ~ the existing "B-4" General Business District to the north. < Map No.: 039034 Zoning Violations: None · The applicant is requesting a change of zoning to a "B-4" General Business District on an additional 1.51 acre area for the purpose of establishing marine equipment, boat sales and service use. The total development site is 3.95 acres. · The subject property will be incorporated with 2.43 acres to the north that has frontage along South Padre Island D ri ve a ccess road a nd Lexington Road. (see attached plat) · The proposed plans for the subject property and the 3.95 acre area to the north include the development of two (2) buildings with a combined area of 20,000 square feet and maximum building height of 15 feet. · The use will operate Monday through Friday from Sam to 5pm and on Saturday from S am to 12 noon with approximately fifteen (15) employees on site. " " e e = rJ:J '" Ii: " ~ rJ:J · The subject property has direct access along Lexington Road, a rural collector that connects directly to South Padre Island Drive access road. However, once the subject property is incorporated with the property to the north, primary access will be provided along the South Padre Island Drive frontage road. · Expected traffic generated by the proposed boat sales and service use is estimated at 2 10 a verage daily trips per day that could be accommodated by the existing street systems. . The Southside Area Development Plan recommends the area to develop with low- density residential. The "A-I" District is a medium density use which is comparable to the density of some commercial uses. The Comprehensive Plan Elements can be supportive of the requested "B-4" General Business District since the subject property is an extension the existing "B-4" District to the north. Zoning Report Case No. 1204-02 (May Development, L.P.) Page 3 Street Type Paved Section Volume (200n :i Lexington Road Rural collector 70' R.O.W. w/20' Bk. to 450 a.d.t. 0 Bk. paved section i:i ... .. .. .. South Padre Is land Freeway/Expressway 400' R.O.W. w/200' Bk. 73,340 a.d.t. ... '" Drive to Bk. paved section '" ~ :1 Q::;~ '" -= '" .. ... 8 S 1:: 8 ~ 8 0..0 QU = .S: ... ~ ." l:::: = ~ ., ... 8 '" 8 o " .. IX = o c 0:: ~o51 ~ .6 ~ = c.- QJ = 8 8 oS 8 5 Q., 0 0 U '" ., IX '" ...." = .. .. > 8 'OJ 8 " o .. UIX Plat is being processed through Development Services- Special Services June 2003, 2.43 acres located north of the subject property was rezoned to "B-4"General Business District for the development of a marine equipment, and boat sales and service use. Since that time, a modification to the development plans has occurred that requires additional land area. Approval of the "B-4" General Business District. Approval of the "B-4" General Business District. Number of Notices Mailed--7 Favor --0 Opposition--O (As of January 3, 2005) Attachments: Zoning Map Bridge Pointe Plat H:\PLN-DIR ISHAREDlCHRIST AL \ WOR DIZONRPTS\2004 \ 1204-02CCREPORT.doc sou 'r/t /) ~D~ ~ IS{ ~ND D~/~ ~ '12' ~ R-1 B Q 0"'<' ~ & I.;;;. o ~II/ ~jI / "1// / / / ; / / / / ,/ / , ( A-1 AJIJ,J(S.g()"2~-(u CQl.tiJe ~ J. ~O't:=O~ F-R Farm Rural Di~tricl RE Residential Estate District RA One Family Dwelling Distrkt R-1A On.. Family OW(llIing District R.TH Townhouse Dwelling Districl 8-1 Neighborhood Business Distrlcl B_1A NeighbortloodBusinessDistricl B-2A 8arrierlsland Business District R-2 MultipJeOweHingDislrlct T.1A TravelTrallerParkDlstricl T.1B Manufactured Home Parl< OJstrict 8-2 BaylrontBusines$District BO Corpus Christi Baach 00$19n District R.18 One Family Dwelling District R-1C One famiiy DweUing District T-1C M~nufacturedHomeSubdivisionOistrict A-l Apartment House Oislrict A_1A Apartm<mt House Distr'ct A-2 Apartm"nt House District 8-3 BusinessOlstrlcl City of Corpus Christi. TX 8-4 General Business District I.... , ,- ; i';' ~ Iii; ~""-'''~,'r;-_:~ ., ---._----~_.~-- 8-5 Primary Business District AT Apartment_Tourist District B-6 Primary Business Core District 1-1 Limit..dlnduslrlaID;slrlct AS ProfessionalOfficeOislricl ~Gfo.-..l_aen.",*" R-1B R'Q)ti~~ ..p 1.2 Light lnduslrlal OiSlrlcl 1-3 Heavy Industrial OistrlCI SP SpeclalPermil PUD Plann<ld Unit Development HC Hlstorlcal-CulluraILandmartlPreS&rvalion .. NORTH o 100 200 Feet . ....~iQl ~' "I ~ I t:tI~g . ~~~. t~!!<> ~!!- ~ ; ~-W~~ ij;t~t1l <> <> ~Ii~~ ~i'>~ <> .... ~iW~ ~~f[ fi? II ~fTl C n~1l <;!.lzAJ ;~rrl CD "' ~ rrl i~ ::0 )> ~~~Z '" ./ OUl5UlO $!~lD~~ ~~ Moo Zoo ~.. ~~:. ~.a .. (,III. 010 ~ ;o......go9' #::;:0_.......0 . 'N o 0 !=> 0 q q ~ Co <:: .., \:l! ~ <:: " ::::: Co Co Q&~ tn=-ct.r- ~..:h.~~ " ~<J' :So F:; l'bf.l:l~ ". Yl ~ ...~~ ~" ~ " I ::l C. Co.... '" ~ S..-..l ~ 'S';i:::~~ .go-, ;;;< Cl '< Cl ~ ~ '" C) " 0;- Lol Un. CJJ ~ a- Cf, (}i Zt 11 il,.. N29'oo'oo"E Lexington Boulevard q 100.00' t -- q N29"oo'oo"E 350.00' ~ :;!J <> 0 !'i ~~ ~ \:l! <:: - . ::::: g> ~N " <> Cl ~a ~&::) t:: "B\ (t)=-Q...r- S O:b.~st 6~ ,,- d' " ~<J' :So F:; I:il l'btl)~ ~ ". Yl . ~ ...ti1~ qj ~ -" ~ <") I ::l C' ti;- <>.... '" z: ~ ~~g", Q- .,. 'S';i:::Cl..Cb ::::. ~ ~~ ~ <<::L . ~ Cl ~ ;:-,"", ~ l8-.. ~ " ~ ~ !>Do. ~ C) ~ .,. 19:b. .,. '" '" ~. :rI. ..r -lln ::;< ~~ m C) m " 0;- ~ 10 1:1 '" CI!. ~~ '" <> 0 S~ a. m U) <':J. ,... ~~ 0<>- !t o :-\0. - '" "" "'?l '" ~~ Z. <Xl " '" - 0 ~"\)?:. ~~ (0 ~~ ~r C">_ c o " n~ "';::.<>- ~ 0. ";3' ~~ -:t"""" "l5 ~ :;;::t .. ><. ~~ c ,... '" !t ::fj ., Lol Un. - ------------------ 528'59'44 "'tV N28'59'4-4"E 162.85' 100.00' Lot II. Section 28 Rour Bluff and Encinal Form and Gorden Tracts Vol. A, Pgs. 41-43, Mop Records of Nueces County. Texas Planning Commission Minutes December I, 2004 Case 1204-02 (May Development, L.P.) 1204-02 - May Development, L.P. Request: Change of zoning from "A-I" Apartment House District to "B-4" General Business District. Excerptsfrom Zoning Report Legal Description/Location: Being 1.51 acres out of Flour BlujJand Encinal Farm and Garden Tracts, Section 28, Lot 12. located east of Lexington Road and 400 feet south of South Padre Island Drive. Purpose of Request: To incorporate an additional 1.51 acres into the 3.95 acres to the north for the development of a proposed marine equipment. boat sales and boat storage use. Area Development Plan: Southside .. The future land use map recommends the subject property develop as low-density residential use. The current "A-I" District is a medium-density residential use. The adopted Comprehensive Plan and policies can be supportive of the requested "B-4" General Business District since the subject property will be part of the existing "B-4" General Business District to the north. Staff' Recommendation: Approval of the "B-4" General 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 7 notices mailed. None were received in favor or in opposition. The public hearing was opened. Mrs. Karen Howsen, 5637 Lexington Road, stated she is not in opposition to the business. Her opposition is that she does not want an entrance or exit to the business on Lexington Road. Lexington Road is a residential street that has two lanes, ditches, and a wooden bridge and can not handle additional traffic. Recently there was another zoning change on a nearby area on Holly Road which has already created additional traffic. Also on November 17, she saw a notification sign of the zoning change posted. Later when she drove home, the sign was gone. She did not receive a notice in the mail. Mr. Michael Gunning, Assistant Director of Development Services, stated Lexington is designated as a planned collector street with a 70 foot right of way, not a residential street. Mr. George Clower, 4000 Surfside, stated he was the broker involved with the sale of the property. He stated the intended use of the property is to re-locate Ronnie's Marine. He feels for the neighbors concerns of the traffic that will be generated on Lexington. Having frontage on S.P.I.D., most of the traffic will be entering and exiting from S.P.I.D. Having entrances on S.P.I.D. is in their plan. Ms. Joyce Moore, 5630 Lexington, stated there are ditches on Lexington and no sidewalks. With the traffic increase, there is the potential of getting hit if you walk down the road. She asked why an entrance would be needed on Lexington if traffic is entering from S.P.I.D. 1 Planning Commission December 1, 2004 Case 1204-02 (May Development, L.P.) Mims arrived at 6:50. Chairman Berlanga stated this is a zoning case and citizens will have the opportunity to address ingress and regress when the plat comes up. Ms. Howsen asked if they would receive a notice. Mr. Gunning stated she lived outside the 200 foot notice area, but could leave her address and staff would send her a notice. The sign should stay up until the case goes to City Council. Staff will notify the property owner of this. The public hearing was closed. Pusley asked if in the process of working with developers on the plat, what the requirements or restrictions were on ingress and regress with this type of zoning. Mary Frances Tenientc, Assistant Director of Development Services, stated the controlling factor is TX DOT's new Access Management Control regulations which will restrict access on S.P.J.D.; TX DOT will look at access onto Lexington Road and will limit the access along S.P.J.D. frontage. Pusley asked if they are restricted to access to Lexington, would the developer be required to put up money or part of improvements for Lexington. Mrs. Teniente stated that was not in the provisions of our platting ordinance. Ms. Barbara Bailey, Director of Development Services stated if there are planned improvements, the developer would be required to join in. Staff will look at the transportation plan to sce if there are planned improvements. Zamora arrived at 6:55 p.m. Mims stated the Planning Commission needed to coordinate, with all the new businesses coming in. She would like for someone from TXDOT to give a presentation on Access Management Regulations. Ms. Teniente stated she would arrange it. A motion was made by Salazar and seconded by Braselton to approve staffs recommendation. The motion passed unanimously. 2 Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MAY DEVELOPMENT, L.P., BY CHANGING THE ZONING MAP IN REFERENCE TO 1.51 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 28, LOT 12, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL 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 May Development, L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.51 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, located east of Lexington Road and 400 feet south of South Padre Island Drive, from "A-1" Apartment House District to "B-4" General Business District, as shown on the attached Exhibit A. (039034) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIRIJosephlZoning-04\ 1204-02 regular.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED rl"JU/"""'" r/ . Joseph Ha~ .~~ Assistant City Attorney For City Attorney 2005 H:\LEG-DIRIJosephlZoning-04\ 1204-02 regular.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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:\LEG-DIRIJosephlZoning-04\ 1204-02 regular.doc JAN-4-2005 12:30 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 P.4/7 ~ III U.sAIII ENGINEERING OCTOBER 15,2004 JOB NO. 39507.00.00 (361)854-3101 PO BOX 6355 . CO~PUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 RE-ZONED FROM "A-I" TO "B-4" STATE OF TEXAS COUNTY OF NUECES FTELDNOTES fOT the re.zoning of a 1.515 acre tract of land (not based on an on~the-ground survey) out of Lot 12, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A. Pages 41-43, Map Records ofNueces County, Texas; said 1.515 acres of land being more fully described by metes and bounds as tallows: BEGINNfNG at a point on the common boundary of Lots II and 12, Section 28. said Flour Bluff and Encinal Fann and Garden Tracts, from which point the south comer of Lot 2, Block I, Bridge Pointe Landing, a map of which is recorded in Volume 58, Page I, Map Records ofNueces County, Texas bears North 28'59'44" East, a distance of 162.85 feet; THENCE, South 28-59'44" West, continuing along the common boundary of said Lots II and 12, a distance of 100.00 feet for the south comer of this tract; THENCE, North 61'00'16" West, along the south boundary of this tract, a distance of 624.99 feet pas, the southeast right-of-way line of Lexington Boulevard, a 70 foot wide public roadway, in all a lotal distance of659.99 feet to the centerline of said Lexington Road, for the west comer oflhis tract; THENCE, North 29'00'00" East, along the centerline of said Lexington Boulevard, a distance of 100.00 feet ror the north comer of this tract; THENCE, South 61"00't6" East, along the nOlth boundary of this tract, a distance of35.00 feet pass the southeast boundary of said Lexington Boulevard, in aU a distance of659.98 feet to the POlNT OF BEGINNING and containing 1.515 acres ofland. Bearings based on the recorded plat of Lots 2 and 3, Block I, Bridge Pointe Landing, a map of which is recorded in Volume 58, Page 1. Map Records ofNueces County, Texas. Unless this Field Notes Description, including preamble, Soal and signature, appears in its original form. surveyor assumes no responsibiIil)' or liability for its accuracy. URBAJ'I ENGINEERING ~ ~/IIA DAN L. URBAN, R.P.L.S. License No. 4710 2725 SWANTNER DR. . CORPUS CHRISTi. TEXAS 78404 mall@urbaneng.com t,.F\ se / d,()lj -thl. - JAN-4-2005 12:31 FROM:CITY OF CORPUS CHRIS 3618263560 P.5/7 ;;'!II[;!) ':g I ;>o.~!l .;r[!l ~ 1 'if ~ ~i!1 tll b1lj. c ~U~ ~ , '0.-_ 0 ~i!~ ~ ;i ~ ~ ~ a'" t:>[ Sl. IIJ.[ r'~]: I~ Ii d~C ~!Z AJ ~j~ CD 1~::U )> -~~Z 0(1)0(1)0 $!:X:m~~ ~El f;;.. %..2.. o 0 ~~:'~Q .. Co< U . 0<0 ~ ;U"TIUl-OI -n 00. -_......0 . -N o 0 !" 0 o ... o q q is' " ~ ~ ~ :::::: " " ;:, R''' <;t. Cl.,..... ~):l.~~ ~~g.j::; (b!-1!:t ~,,~~ ~I~~ "... " 5 .t..~ ~ 9~C'.:l...Q) {l<:) ~ " " ~ ... " ~ " 1:;- lot ---L.,,~ N2VOO'OO"E 100.00" ~ o ~~ '".>t-.. '0 -"~ 6'0 tij ~ z ~ ~ ~ Of :tI. 18 =t .&t;; ~o; Is:>,. ~~ 528'59"#'" 100.00' TO: 98003239 . ~ I Lexington 80uleyard q -----~---- !:i N29'OO'OO-r 350.00' '"' " '" ~ ~ g> a.:s; ~ ~RQ..,.... <:: ~>-~Q.. s: ~~ 5' i,~ ~ ~f'i~ ~ ~....~[ ~ l~ o' c;;- "I::: " III ~- ~ ~ '" ~~"'." :::0 - ~ ~ " (bi"ti ~ ~ a & Of ... ~ '" ",' ~ <Ii !1i " 1:;- ~ ~~ ?: " c.. '" VI <'5: Ii: ~\::) o~..:::t. - .. ... ..., "Z~" ~~ \,,~. ~-; ei~ ~:-'C; D~ ;:s;E:.~ s;j~ -:t-%~ ;g . aI ~~ ~ Ii: ... ~ '" lDI Un. N2ll"59'4i"E 162.85' la/ II. Section 28 flour 8luff and [ncinal Farm and Garden Troc/s Vol. A. Pgs. -11-43. l.Iop Records of Nueces County, Texas QA SQ Id. Dl{ - Od-- 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11,2005) Case No.: 1204-03: Colson & Colson Construction Co.: A change of zoning from a "R-IB" One-Family Dwelling District to a "R-2" Multiple Dwelling District, resulting in a land use change from low density residential to mediwn density residential. The property is located north ofLipes Boulevard and 400 feet west of South Staples Street. Planninl! Commission and Staff's Recommendation (1/19104): Approval. Reouested Council Action: Approval of the "R-2" Multiple Dwelling District and adoption of the attached ordinance. Purpose of Reouest: To construct a retirement center with a total of 123 dwelling units. Summary: . Applicant requesting a change of zoning to a "R-2" Multiple Dwelling District for the development of a multi-family residential complex with approximately 123 dwelling units on 15.71 acres to be developed as retirement residences. . The subject property is located within the Southside Area Development Plan. The future land use map recommends traditional neighborhood residential uses for the property. . The proposed multi-family project will generate approximately 592 average daily trips. . The projected traffic generated by the proposed multi-family residential development (592 A.D.T.) would be accommodated by Lipes Boulevard, a designated 4-lane urban collector street, and South Staples Street, a designated urban arterial street. . The demand for water/wastewater service of the residential project is projected at 30,750 gallons per day with a solid waste demand of 1,095 Ibs. daily. Applicant's Position: Applicant concurs with Planning Commission and Staff s recommendation. Notification: Of the 60 notices mailed to the surrounding property owners, 0 were returned in favor and 1 was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial ~/!/tj", /.~ Michae;V~.~ing, ~~P . "; Assistant Director of Development Services MG/FGM/ca Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance MG/FGM/ca Attachments: I) Zonmg Report 2) Planning Commission Minutes 3) Ordinance H:\PLN-DIRIERMA \ WORDlAGENDMEM\2003IAGENDAMEMOSHELLDOC CITY COUNCIL ZONING REPORT Case No.: ZI204-03 Planning Commission Hearing Date: December I, 2004 ~ = - .S = - ... '" '" c.. u OJ)._ ._ ~ J,.. c.. toJ ~ c.. .. ~ ~ Applicant: Colson & Colson Construction Company Owner: The Gray Estate Agent: Curry Brandnaw Architects Legal DescriptionlLocation: Being 15.71 acres out of Lots 25 and 26, Section 5, Flour Bluff and Encinal Farm and Garden Tracts located on Lipes Boulevard 400 feet west of South Staples Street. 0Ilt:: = .. .- = = 0" = .. Net:: From: "RI-B" One-Family Dwelling District To: "R-2"" Multiple Dwelling District Area: 15.71 acres Purpose of Reqnest: To construct a retirement center with a total of 123 dwelling units. Zoniug Existiug Laud Use Future Land Use '" Site "RI-B" One-family Dwelling Undeveloped Low-density residential .. District '" ~ North "RI-B" One-family Dwelling Undeveloped Low-density residential ~ = District '" .J South "RI-B" One-family Dwelling Undeveloped, church and Commercial, medium and ~ District, "A-I" Apartment medium-density residential low-density residential = '" House District. and "B-1" OJ) = Neighborhood Business .- = District = N East "RI-B" One-family Dwelling Undeveloped and Low-density residential OIl District and "B-1" neighborhood businesses .S ... Neighborhood Business '" .- '" District ;..l West "RI-B" One-family Dwelling Low-density Residential Low-density residential District Zoning Report Case No. 1204-03 (Colson & Colson Construction Company) Page 2 ~ '" Area Development Plan: The requested "R-2" Multiple Dwelling District is inconsistent with 0.= the Southside ADP future land use map which recommends low-density residential uses. ~ 0 ~-; However, the proposed multi-family residential development with collector street access is an ~:s appropriate buffer to the low-density residential uses and nearby commercial uses. Q> Map No.: 044,032,045, and032 -< Zoning Violations: None . Applicant requesting a change of zoning to a "R-2" Multiple Dwelling District for the development of a multi-family residential complex with approximately 123 dwelling units on 15.71 acres to be developed as retirement residences. C. . The subject property is located within the Southside Area Development Plan. The future ~ land use map recommends traditional neighborhood residential uses for the property. 8 8 = . The proposed multi-family project will generate approximately 592 average daily trips. rJ1 '" S: . The projected traffic generated by the proposed Multi-family Residential development (592 ~ - A.D.T.) would be accommodated by Lipes Boulevard, a designated 4-lane urban collector rJ1 street, and South Staples Street, a designated urban arterial street. . The demand for water/wastewater service of the residential project is projected at 30,750 gallons per day with a solid waste demand of 1,095 lbs. daily. Street Type Paved Section Volume (2001) Lipes Boulevard Urban Collector 50' ROW w/ two 12.5 foot 4,099 A.D.T. wide travel lanes on urban :i collector w/ 25 'paved section 0 Planned - 75' ROW w/ four ~ 12.5 foot wide travel lanes on - urban collector w/ 50' Bk. to ... ... Bk. ... - South Staples Street Urban Arterial 100' ROW w/ four 12.5 foot 20,510 A.D.T. rJ1 wide travel lanes and one 14' wide center turn lane w/64' Bk. to Bk. paved section Planned - Same '" - = ~ - A plat of the subject property will be required prior to development. 6: ~ - rJ1 II :\P LN-DIR \SHA RED\CHRfST A L \ WORD\ZONRPTS\2004\ 1204-03CCReport.doc Zoning Report Case No. 1204-03 (Colson & Colson Construction Company) Page 3 - C .ZJ .. C 8 .. 1:: 8 '" 8 Coo QU The Southside Area Development Plan future land use map recommends the property to develop as traditional neighborhood residential. The proposed "R-2" District is preferable as a buffer to the commercially zoned and used property to the east and single family residential to thc west. C .S - '" '0 1:: C '" .. - 8 r/) 8 o '" .. ~ Approval of the "R-2" Multiple Dwelling District. C .S C _ bJJ"~ ~ C ~ C "c ".. Q,) C 8 8 ~ 8 8 - 0 0 U ... .. ~ Approval of the "R-2" Multiple Dwelling District. Staff supports a Multiple Dwelling District Zoning as a more appropriate buffer from the "B-1" Neighborhood Business District Zoning to the east and the existing low-density residential uses to the west. '" -'0 C .. .. .. 8 'il 8 '" o .. U~ Numbcr of Notices Mailed--GO Favor --0 Opposition--l (As of January 3, 2005) Attachments: Zoning Map H:\PLN-DlR\SHARED\CHRIST AL \ WORD\ZONRPTS\2004\ 1204-03CCReport,doc -~ ~ "~~~"" JJl!.Jtil-U()"2fMU Cg,Sje ~ I. ~O4:...03 .otice Mill?> f_R Farm Rural Dislrict R_TH TownhousoOwellingDisl<iCI 8.1 Neighborhood Business Dlstricl B.1A Neighborhood Business District B-2A Barri..rlslandBuslnenOlslrlct 1-2 Lighl Industrial District 1-3 HeavylndustrlalDlstricl SP SpectalPermtt PUG Planned Unit Devetopment RE Residential Eslate District RA One Family Dwelling District R-IA One Family Dwelling District R-2 Mulliple Dwelling District T-1A Travel Trailer Parl< Oistricl T_1S Manufactured Home Park District 8.2 BayfrontBuslnessDislrict City 01 Corpn Christi. TX T.le Manulactur&dHome SUbr;livision District A.l Apartment Houu Dlstrict A.1A Apartment House District A-2 Apartment House Oislrict aD Corpus Christi Beach Design District He Historical-CllltllralLandmarkPreservation R-1B OnefamilyO.....llingOistrict R_1C OneFamUyOw..llinoOistricl B-3 BllsinusOislrict B4 General BllsinessOistrlct .. NORTH i~' " II,:. " ;(~ t .-' -'.:, ~: ~>'.:'._ : 6_5 Primary611sinessDislriCI AT Aparlment-Tollr;sIOislrict 6-6 Primary Bllsiness Core Oistrkt 1_1 UmitedlndustrialOislrict A6 ProressionaIOH'iceOistr;ct o 250 500 Feet , Oep.nmentolo.velopmonl~icet. Planning Commission Minutes December 1,2004 Case 1204-03 (Colson & Colson Construction Co.) 1204-03 - Colson & Colson Request: Change of zoning from "R-lB" One Family Dwelling District to "R-2" Multiple Dwelling District. Excerpts from Zoning Report Legal Description/Location: Being 15.71 acres out oj Lots 25 and 26. Section 5, Flour Bluff and Encinal Farm and Garden Tracts located on Lipes Boulevard 400 feet west oj South Staples Street. Purpose of Request: To construct a retirement center with a total of 123 dwelling units. Area Development Plan: The requested "R-2" Multiple Dwelling District is inconsistent with the Souths ide ADP future land use map which recommends low-density residential uses. However, the proposed multi-family residential development with collector street access is an appropriate buffer to the low-density residential uses and nearby commercial uses. StaiTs Recommendation: Approval of the "R-2" Multiple Dwelling District. Stafffeels that Multiple Dwelling District Zoning is a more appropriate buffer from the "B-1 " Neighborhood Business District zoning to the east and the existing low-density residential uses to the west Mr. Mic Raasch, City Planner, provided grapliics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 60 notices mailed. None were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Mims and seconded by Zamora to approve staffs recommendation. The motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY COLSON AND COLSON CONSTRUCTION COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO 15.71 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 5, LOTS 25 AND 26, FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING 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 Colson and Colson Construction Company 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, November 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 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 15.71 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 5, Lots 25 and 26, located north of Lipes Boulevard and 400 feet west of South Staples Street, from "R-1 B" One-family Dwelling District to "R-2" Multiple Dwelling District, as shown on the attached Exhibit. (044032, 045032) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIRIJosephlZoning-04\ 1204-03 reguiar.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED c_4.,~-. t/ Joseph Ha~ r~ Assistant City Attorney For City Attorney 2005 H:\LEG-DIRIJosephlZoning-04\ 1204-03 regular.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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:\LEG-OIRIJosephlZoning-04\ 1204-03 regular.doc JAN-4-2005 12:32 FROM:CITY OF CORPUS CHRIS 3618263560 TO: 98803239 P.6/7 '-. LEGAL DESCRIPTION 23.61 ACRES Being a tract ofland situated in the City of Corpus Christi, Nueces County, Texas, and being out of Lots 23, 24, 25 and 26, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, page 41 Map Records ofNueces County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of said Lot 26 same being in the centerline of Lipes Boulevard and being at the intersection of said centerline with the southerly projection of the east line of Crossgate, an addition to the City of Corpus Christi, Texas according to the plat recorded in Volume 46, Page 247, Map Records of Nueces County, Texas; THENCE N 29002 'OO"E and passing a 5/8" iron rod found for the southeast corner of Lot I, Block 126 of said Cross gate addition at a distance of 30.00 feet and continuing with the east line of Crossgate addition for a total distance of 1400.94 feet to the southwest comer of Lot I, Block 1 of Wilde Subdivision an addition to the City of Corpus Christi, Texas, according to the plat recorded at Volume 58, Page 195 Map Records ofNueces County, Texas; THENCE S 61000'45" E departing the east line of Cross gate addition and with the south line of said Wilde Subdivision, for a distance of732.87 feet to a point; THENCE S 28054'40" W for a distance of 1400.04 feet to a point in the centerline of Lipes Boulevard; THENCE N 61004'58" W with the centerline ofUpes Boulevard for a distance of 735.86 feet to the POINT OF BEGINNING and containing 23.61 acres ofland, more or less. ~t\ se I~OL\-05 --. JAN-4-2005 12:33 FROM:CITY OF CORPUS CHRIS 3618263560 ~ a ~ <:> '^ '!I ~ ~ ~ 9 9 9 9 9 Cl ~~ ! -J ..;...: . . - "' ! c:<:I ; 9 ! 8 .... '" ., .., ....... =~ __A lV/ ! ~ 50') .- TO: 98803239 I P.7/7 ~ ~ ~ ~ ~hl ~ nU ~ (~'''Zl.lX".'''.oISJ ! ! a~ ! lV CJ .~ = .... ~ ~ :Ii .- ! - <n 'Il Cl) <:II ~ .- CJ .... ! ~ = '" lV 2 ~..,., ~ ~I ~~ I ~ 01 . ~= ~ Iilill...;~ ~i ~ ~~~V= ~ ~< .....::l(.JQ:a;; i~~<Ci-O ~i ~ '!/ ~ U ~ u .... .~ '" OIl .Cl ; = u "" .- = .... Cl. ! rn '" .- 0 ~ u ~ a r-:l -..'z ~SR~04-03 '" I 'I 'j'j-N'''''' O~ I XNd 'I"Q .mnl<M. l >lXn8 ., J01 " UNfJ NO/SJlV08n5 ]!JN3HJN(J1S 8'11 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January 11,2005) Case No,:1104..04: Aman UlIab.: A cht=lllge ofzo!1ing from a.11 "1-2" Light Industrial District to a "B-4" General Business District, resulting in a land use change from light industrial use to general business uses. The property is located along the northeast section of Crosstown Expressway and South Padre Island Drive. Planninl! Commission and Staff's Recommendation (11/19/04): Approval. Requested Council Action: Approval of the "B-4" General Business District and adoption of the attached ordinance. !yrpose of Request: To construct a three story, 75 room hotel. Summary: . Applic.ant requesting a c.hange of zonlng to a "B-4" General Bllsiness District for construction of a 3-story, 75 room hotel on the subject property consisting of 1.56 acres. · The subject property is located within the Southeast Area Development Plan. The future land use map recommends light industrial uses for the property. . The proposed hotel project will generate approximately 574 Rverage daily trips. . The projected traffic generated by the proposed hotel development ( 574 A. D.T.) can be accommodated by the adjacent frontage roads of the Crosstown Expressway and the South Padre Island freeway; and Ayers Street, a designated urban arterial street. . The demand for water/wastewater service of the hotd project is proj~e.d at 12,375 gallons per day with a solid waste demand of225 Ibs. per day. Applicant's Position: Applicant concurs with Planning Commission and Staffs recommendation. Notification: Of the 3 notic.es mailed to the sl.!..TTonnding property owners, none were retu....rned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial -//!0ll./~ ' ~iCb~l~~tt:~~I~ . f\.SSlSlWU UU~l,;"Ul 01 UC:V~lUVlllt:lU ,:)t:lVH':Ii::::l MGlFGM-"c.a Attachments: I) 2) 3) Zoning Report Planning Commission Minutes ~ ,. V1UUUU1~ H.\PLN-DIRIERMAIWORDIAGENDMEM\2003IAGENDAMEMOSHELL.DOC CITY COUNCIL ZONING REPORT Case No.: ZlZ04-04 Planning Commission Hearing Date: December 1, Z004 o(l = <= .~ = - ... .... ~ ~ ~.- ... ~ a.. "C."J ~ ~ .. < Q ... 1OJlt; = .. .~ = = 0- <= .. N~ "0 = .. 1OJl", = .. .~ '" =;:J <= N"O 1OJl= = .. .~ -l ... '" .;:; "" Applicant: Aman Ullah Owner: Same Agent: Same Legal Description/Location: Behmann SubdIvision, Block Z, Lot 4A, located along the northeast section of Crosstown Expressway and South Padre Island Drive From: "1-2" Light Industrial District To: "B-4" General Business District Area: 1.56 acres Purpose of Request: To construct a three story, 75 room hotel. Site North South East West Zoning "1-2" Light Industrial District "I-Z" Light Industrial District "B-4" General Business District "1-2" Light Industrial District "B-4" General Business District Existiug Land Use Undeveloped Commercial Freeway and Undeveloped Commercial Commercial Future Land Use Light Industrial Light Industrial Freeway and Commercial Light Industrial Commercial o(l '" Area Development Plan: Although the requested "B-4" General Business District is c..c .. <= inconsistent with the Southeast ADP future land use map which recommends light industrial :;:: ~ uses, it is consistent with the adopted policies encouraging intill development. ~ ] Map No.: 048 and 039 ~ > Zoning Violations: Nonc Ii :\PLN -D1R\SHARED\CHRIST AU WO RD\ZON RPTS\1004\ 1204-04CCReport.doc Zoning Report Case No. 1204-04 (Aman Ullah) Page 2 C' '" 8 8 = rJJ '" l::: '" - rJJ ~ o ci - .. .. ... - rJJ '" =2 Q:f rJJ - C '" .. - 8 5 t: 8 '" 8 Cl.o QU . Applicant requesting a change of zoning to "B-4" General Business District for construction of a 3-story, 75 room hotel on subject property consisting of 1.56 acres. . The subject property is located within the Southeast Area Development Plan area. The future land use map recommends light industrial uses for the property. . The proposed hotel project will generate approximately 574 average daily trips. . The projected traffic generated by the proposed hotel development ( 574 A.D.T.) can be accommodated by the adjacent frontage roads of the Crosstown Expressway and the South padre Island freeway; and Ayers Street, a designated urban arterial street. . The demand for water/wastewater service of the hotel project is projected at 12,375 gallons per day with a solid waste demand of 225 lbs. daily. Street Type Paved Section Crosstown Expressway Freeway/Expressway 400' ROW w/ Six 12 foot wide tra vel lanes on freeway w/142' Bk. to Bk. paved section Planned - Same Freeway/Expressway 400' ROW w/ Six 12 foot wide travel lanes on freeway w/142' Bk. to Bk. paved section Planned - Same Urban Arterial 95' ROW w/ four 11.5 foot wide travel lanes and one 14' wide center turn lane w/ 64' Bk. to Bk. paved secti on Planned - Same South Padre Island Dnve Ayers Street The subject property is platted. Volume (2001) 98,020 A.D.T. 162,310 A.D.T. 20,350 A.D.T. The Southeast Area Development Plan future land use map recommends the property to develop as light industrial. The proposed "B-4" District is acceptable because the adjacent properties are already developed as commercial uses. H :\PLN-DIR\SHARED\CI IRIST AL \ WORD\ZONRPTS\2004\ 1204~04CCReportdoc Zoning Report Case No. 1204-04 (Arnan Ullah) Page 3 = .: - GO "0 1:= = GO "' - 8 en 8 o '" "' et: Approval of the "B-4" General Commercial District. Staff feels that General Commercial District Zoning is a preferable use at this location since the adjacent properties are already developed as commercial uses. = .: = - blJ.S ~ =: ~ =: .= .- 4,) = 8 8 ~ 8 8 - 0 0 V " "' et: Approval of the "B-4" General Commercial District. Staff feels that General Commercial District Zoning is a preferable use at this location since the adjacent properties are already developed as commercial uses. '" -"0 = "' "' .. 8 .;;; 8 " o "' Vet: Number of Notices Mailcd--3 Favor --0 Opposition--O (As of January 3. 2005) Attachments: Zoning Map H :\PLN -DIR\SIIARED\CHRIS TAL \ WORDIZONRPTS\1004\] 204-04CCReporLdoc 8-4 AII.Jt9-U(),,~~-(U f.R Farm Rural District RE Resideotial Estate Oistrict RA One Family Dwelling District R.jA One family Dwelling District R.1B On" family Dwelling District R-le One Family Dwelling District City of Corpus Christl, TX ..-.---~".._.~..._- -, O..panm.....cfO'...lopm.,,'s-.Ic.. '-"--. ~, ", 2 5 BJECT PARCEL 1-2 % / ~, / 7 / -j 8-4 \ , ~~, ""~ "-- .s.~ :.qDI?, ~/8 (<l~ 'Db @itl,Sje> ~ J. 20<<:...0<<: H@1l:i4!iJ~ -~1\Il R-TH Townhou,.e Dwelling Dislrict 8-1 Neigtlborhood Busill"n District B.1A Neighborhood Business Oistricl 1.2 Light Industrial District t-J Heavy Industrial District SP Special Permit PUD Planned Unit Oevelopmenl R-2 Multiple Dwelling District T.1A Travel Traile, Park Dislrict B.lA a""ier Island 8usiness Dislrict T.18 ManulacluredHomeParkOislrict 8-2 Bayfronl Business Oistricl T.1C Manufaclured Home Subdivision District HC Historical.CulturalLalldmarkProservation BD Corpus Christi Beach Design District A-l Apartment Hous.. O;strict B-3 6us,nessD;Slrict . NORTH A.1A ApartmenlHousoDlstrlct A-2 Apartment House District 6-4 Gene,aIBusinessDlstr;ct a.5 Primary BusinessOistrlcl AT Apartment-Tourist District 8-6 Primary Business Core District 1-1 UmitedlndustrialDistrlct AS Professional Office District o 15D 300 Feet I Planning Commission Minutes December 1, 2004 Case 1204-04 (Arnan Ullah) 1204-04 - Aman Ullah Request: Change of zoning from "1-2" Light Industrial District to "B-4" General Business District. Excerpts from Zoning Report Legal Description/Location: Behmann Subdivision, Block 2, Lot 4A, located along the northeast section of Crosstown Expressway and South Padre Island Drive Purpose of Request: To construct a three story, 75 room hotel. Area Development Plan: Although the requested "B-4" General Business District is inconsistent with the Southeast ADP future land use map which recommends light industrial uses. it is consistent with the adopted policies encouraging in fill development. Staff's Recommendation: Approval of the "B-4" General Commercial District. Staff feels that General Commercial District Zoning is a preferable use at this location since the adjacent properties are already developed as commercial uses. Mr. Raasch provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 3 notices mailed. None were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Amsler and seconded by Pusley to approve staff s recommendation. The motion passed unanimously. Stone left the meeting at approximately 6:05. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AMAN ULLAH, BY CHANGING THE ZONING MAP IN REFERENCE TO BEHMANN SUBDIVISION, BLOCK 2, LOT 4A, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Aman Ullah 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, November 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 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 Behmann Subdivision, Block 2, Lot 4A, located along the northeast section of Crosstown Expressway and South Padre Island Drive, from "1-2" Light Industrial District to "B-4" General Business District. (048039) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-OIRIJoseph\Zoning-04\ 1204-04 regular.doc Page 2 of 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 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED < /,.uu...~ of - 0 Joseph Ha~ 1'--'0 Assistant City Attorney For City Attorney 2005 H:\LEG-OIRIJoseph\Zoning-o4\1204-o4 regular.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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. IIwe, 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-OIRIJoseph\Zoning-04\ 1204-04 regular.doc 23 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: January II, 2005) Case No.:CI204-0S, City of Corpus Christi: A change of zoning from a "B-2" Bayfront Business District to a "B-5" Primary Business District, resulting in a land use change from bayfront business to primary business. The property is in the Beach Addition, in the north half of Blocks 72, 81, and 91, located west of Shoreline Boulevard and north of Resaca Street. Planninl! Commission and Staffs Recommendation (12/1/04): Approval. Requested Council Action: Approval of the "B-5" Primary Business District and adoption of the attached ordinance. Purpose of Request: Eliminate dual zoning classification on City owned properties. Summary: . The City is requesting a change of zoning to "B-5" Primary Business District to eliminate dual zoning classifications of City owned property. . The subject property is utilized as the Convention Center and Arena and is generally located between North Shoreline Boulevard, the Corpus Christi Bay, and Water Street. . The east elevation of the Convention Center and Arena are zoned "B-2" Bayfront Business District while the west elevation is zoned "B-5" Primary Business District. Further to the west, City owned properties throughout the Bayfront Arts and Science area are zoned "B-5" Bayfront Business District. . Standard zoning practices support the establishment of one zoning district for a site rather than split zoning classifications for one site. Expanding the "B-5" District further east will merge all City owned properties within the Bayfront Arts and Science area under a single zoning district. . The South Central Development Plan recommends the subject property continue as a public/semi-public use. Applicant's Position: Applicant concurs with Planning Commission and Staff's recommendation. Notific2tion: Of the 12 notices mailed to the SU!TouIlding property o,vners, none '~Tere retu..rned in favor or in opposition. The 20% rule is not invoked. This case is considered noncontroversial. ftW~ r..1ichae! N. Gunning, AICP Assistant Director of Development Services MG/FGM/ca Attachments: I) Zoning Report 2) Planning Commission Minutes 3) Ordinance HWT N-DTR\SH A RRnlr.HRTST AT.\ WORnlAGRNnMRM\200'i\r.1204-0'iAGRNnAMRMO nor-nor. CITY COUNCIL ZONING REPORT Case No.: 1204-05 Planning Commission Hearing Date: December I, 2004 ~ = ... .S = -; a ~ bJ}._ ._ C1.l I. "Q..J ~. 0. ... < Q 1Ollt; = ... .. = = 0" <:> ... NI::E: Applicant: City of Corpus Christi Owner: Same as applicant Agent: Same as applicant Legal DescriptionfLocation: Beach Addition, north half of Blocks 72, 81 and 91, located west of Shoreline Boulevard and north of Resaca Street. From: "B-2" Baylront Business District To: "B-5" Primary Business District Area: 6.16 acres Pnrpose of Request: Eliminate dual zoning classification on City own properties. ~- Zoning Existing Land Use Futnre Land Use '" Site "B-2"' Bayfront Business Public/Semi-public use - Public/Semi-public use- ... '" District Convention center and Convention center and ~ '1:l arena arena = North "B-5" Pnmary Business Public/Semi-public use - Public/Semi-public use- '" .;l District Convention center Convention center and '1:l = arena '" lOll South "B-2"" Bayfront Business Business Tourism = .. District = <:> East "B-2" Bayfront Business Public/Semi-public use - Public/Semi-public use- N lOll District Green space and Corpus Green space and Corpus .S Christi Bay Christi Bay ... '" West "B-5" Primary Business Public/Semi-public use - Public/Semi-public use- .;; '" District Convention center and Convention center and arena arena ~ '" 0.= '" <:> ~ .~ c;] Q;;. < Area Development Plan: South Central - The future land map recommends the subject property continue as a public/semi-public use. Map No.: 045046 Zoning Violations: None H:IPLN-DIRISIIAREDlCHRIST AI.I WORDIZONRPTS12004 I I204.05CCREPOR T.do, Zoning Report Case No. 1204-05 (City of Corpus Christi) Page 2 . The City is requesting a change of zoning to "B-5" Primary Business District to eliminate dual zoning classifications of City owned property. . The subject property is utilized as the Convention Center and Arena and is generally located between North Shoreline Boulevard, the Corpus Christi Bay and Water Street. C 01 5 5 = rJ) '" !l:: 01 ~ rJ) . The east elevation of the Convention Center and Arena are zoned "B-2" Bayfront Business District while the west elevation is zoned "B-5" Primary Business District. Further to the west, City own properties throughout the Bayfront Arts and Science area are zoned "B-5" Bayfront Business District. . Standard zoning practices support the establishment of one zoning district for a site rather than split zoning classifications for one sile. Expanding the "B-5" District further east will merge all City own properties within the Bayfront Arts and Science area under a single zoning district. . The South Central Development Plan recommends the subject property continue as a public/semi-public use. :i Street Type Paved Section Volume 0 (200n c:: N. Shoreline Boulevard Arterial 120' R.O.W. w/ 100" Bk. to 2,630 a.d.t. ~ Bk. navement and median ... ... Resaca Street Local 50' R.O.W. w/28' Bk. to Bk. Not available ... ~ navement. rJ) '" ~ = 6: 3 Subject property is a platted tract. rJ) ~ = :J ... = Rezoning the subject property to a "B-5" District will merge City own property within the .E! e Bayfront Arts and Science area into one zoning classification. ; 8 c.", QU = .S ... 01 "0 l::: = .5 e Approval of the "B-5" Primary Business District. rJ) S '" " ... ~ H .\PLN-DIR\SHAREDlCHRIST AL \ WORD\ZONRPTS\2004\ I 204-05CCREPORT.doc Zoning Report Case No. 1204-05 (City of Corpus ChristI) Page 3 = <= c; ~.:: .a = ~ = "= .- Qi == S s .t- s 6 - <= <= u C,j ... c:: Approval of the "B-5" Primary Business District. '" ....'0 = ... ... ... 8 ':;:j 6 C,j <= ... uC:: Number of Notices Mailed--12 Favor--O Opposition--O (As of January 3,2005) Attaclunents: Zoning Map II :IPLN-DtR\SIIAREil\C IIRIS TAL \ WORDIZONRPTS\2004 \ 1204-05CCREPORTdoc \ \ \ \ \ 7 / \ CH ST. \\ - \ \ . . \ \ , \ \ \ \ \ \ / \ -NS~ER~ \ \ \ \ SUBJECT PARCEL 8-5 , , \ ..--- /\ \ \ \ \ \ \ \ \ \ r-\ (Jl \ \ :t \ , 0\ \\ ~L c. -z. ~ /Jft\(\ j Ol. . -\~\ \ ./10\\ \ /\. \ /-\ ) / \ -~ 8-2 __.----c:-------~ Corpus Christi Bay 8.:~ \/ , , , \ ----' - \\~~;~t=~6 \ \ \\~ \==- \ \ (~k~ \'//-;~D ~1. r\TlGER . -~-_.- ,iJfI.J(tI-P()-2~-()'(> C.~e> ~;It ~O~...O~ Hoti.ee Malt> F.R Farm Rural District RE R..sidenlial Eslate Distrkt RA One Family Dwelling District R-1A One Family Dwelling District R.TH Townhouse Dwelling District R_2 Multiple Dwelling O.stricl T-1A Travel Trailer Park Oistricl 8-1 Neighborhood BllsinessDistrict B.IA Neighborhood Business Oistricl 1-2 Lighllnduslr;alOistrict B-2A Barrier Island Business District 1.3 Heavy Industrial District SP SpeciaJPermil PUO Planned U"it Developmenl He Hlslorlcal-CulturaILandmarl<Preurvatlon T-18 Manulactured Home Park Oislricl 6-2 Bayfront 6usiness Dislricl 60 Corpus Christi 6each Design Dislrlct R-16 One Family Dwelling Dislricl CityofCorpulChrilti, TX ""'''''j T-1C ManufacluredHome$ubdivisionOislricl A_l Apartrnent House Olslrlcl A-l A Apartmenl House Dislrict A-2 ApartmelllHouseDlslricl B-3 Business Di$Ui<:1 . NORTH R-1C aile family Dwelling Districl 6-4 General Business DistO<:t 6-5 Prlmary6usinessDlstrkt AT Apartmenl-TourislOtslrkl B-<i Primary 611sineu Core Dislrl<:1 1_1 UmltedlndllslrlalDlstricl A6 Professional Office Districl o 150 300 Feet , o.opartm.n'of~$__ Planning Commission Minutes December 1, 2004 Case C1204-05 1204-05 - City of Corpus Christi Request: Change of zoning from"B-2" Bayfront Business District to "B-5" Primary Business District Excerpts from Zoning Report Legal Description/Location: Beach Addition, north half of Blocks 72, 81 and 91, located west of Shoreline Boulevard and north of Resaca Street. Purpose of Request: Eliminate dual zoning classification on City own properties within the Bayfront Arts and Science area. Area Development Plan: South Central- The future land map recommends the subject property continue as a publicl.yemi-public use. 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 12 notices mailed. None were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or opposition. The public hearing was closed. Motion was made by Zamora and seconded by Mims to approve staffs recommendation. The motion passed with Stone being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO BEACH ADDITION, BEING THE NORTH HALF OF BLOCKS 72, 81, AND 91, FROM "B-2" BAYFRONT BUSINESS 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 The City of Corpus Christi 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, November 19, 2004, during a meeting of the Planning Commission, and on Tuesday, January 11, 2005 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 Beach Addition, north half of Blocks 72, 81, and 91, located west of Shoreline Boulevard and north of Resaca Street, from "B-2" Bayfront Business District to "B-5" Primary Business District. (045046) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-OIRIJoseph\Zoning-Q4\ 1204-05 regular.doc Page 2 of 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 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 11th day of January, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED r/ tl.I\ J {- Joseph Hl;;- I~ Assistant City Attorney For City Attorney 2005 H:\LEG-OIRIJoseph\Zoning-o4\ 1204-05 regular. doc Page 3 of 3 Corpus Christi, Texas day of ,2005 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. IIwe, 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-OIRIJoseph\Zoning-04\ 1204-05 regular.doc 24 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION SPECIAL MEETING DATE: Tuesday, January 11, 2005 TIME: During the meeting of the City Council beginning at 10 a. m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Rex Kinnison calls meeting to order 2. 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, AsstTreasurer 3. Approval of Minutes of September 21, 2004 4. Financial Report 5. Amend current contract with the Community Development Corporation (CDC) to incorporate FY2003 and FY2004 HOME Program funding 6. Public Comment 7. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION SEPTEMBER 21, 2004 11:43 A.M. PRESENT Board of Directors Rex Kinnison, President Javier Colmenero, Vice-President Brent Chesney Melody Cooper Hcnry Garrett Bill Kelly Samuel L. Neal Jr. Jesse Noyola Mark Scott Officers George K. Noe, General Manager Armando Chapa, Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer President Kinnison 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. President Kinnison opened discussion on Item 3, the approval of the minutes ofthe July 20, 2004 meeting. Mr. Colmenero made a motion to accept the minutes as presented, seconded by Ms. Cooper, and passed unanimously. President Kinnison called for Item 4, the financial report. Mr. Noe referred to the combined balance sheets depicting the assets and liabilities for the fund for the year ended July 31, 2004. President Kinnison opened discussion on Item 5, the proposed revisions to the 2004 Loan and Grant Rehabilitation Handbook. Acting Director of Neighborhood Services Jonathan Wagner reported it had been three years since the handbook had been revised. He briefly reviewed a summary of the major changes being proposed. First, under Chapter 3, Eligibility Requirements, he said Paragraph 7 was being revised to clarifY how many times a household may apply for a rehabilitation loan, and eliminated the one-time rehabilitation of a unit. Second, under Chapter 5, Limitations on Amount of Loan, Paragraph (a) was being revised to change the maximum limit per dwelling, due to rising construction costs, from $35,000 to $40,000 per dwelling, $55,00 for a two-bedroom dwelling, $65,000 for a three-bedroom dwelling, and $70,000 for a four-bedroom dwelling. Third, under Chapter 14, Paragraphs 10 (a) and (b) were being changed to remove the city as a mediator in case of dispute between owners and contractors during rehabilitation; rather, the parties would agree to submit their dispute to non-binding mediation with the Nueces County Dispute Resolution Center. Minutes - CCCIC Meeting September 21, 2004 - Page 2 Fourth, under Chapter 22, Demolition and Replacement Housing Program, staff recommended restating the language to provide relocation assistance funding of $3,000 to $7,000 to the homeowner in the event of demolition of dilapidated or substandard owner-occupied units unsuitable for rehabilitation. Fifth, under Chapter 28, CCCIC Rental Rehabilitation Loan Program, Paragraph 5 was revised to eliminate the 2- for-l dollar match requirement for rental rehabilitation loans. Sixth, a new chapter was being proposed with information on the "American Dream Down Payment Initiative Program", a new program created by HUD providing first time homebuyers assistance. Seventh and last, staff was recommending the deletion of the following chapters: Chapter 20, Paving Assessment Grant Program; Chapter 26, HOME Tenant Assistance Program; and Chapter 29, HOME First Time Homebuyer MCC Program. Mr. Kinnison asked if the changes were being made to expand the use of the programs. Mr. Noe replied affirmatively. Mr. Kelly asked if staff was taking precautions to ensure the city was not accruing additional points or other costs associated with closing a home due to the use of public funds. Mr. Hector Vallejo replied there were no mechanisms in place to restrict the mortgage companies, but the city was counseling homebuyers on their rights during closing. Mr. Kelly felt the city should take more safeguards to protect public funds and keep the city from being taken advantage of by mortgage companies. Mr. Noe replied the city has historically allowed the homebuyer and the mortgage company to negotiate directly without interference, under the belief it was the best option to limit the city's liability. Mr. Noyola added it was important that the homebuyer find a go.od realtor and a good mortgage company to ensure the best deal on their downpayment. He emphasized that staff should take time with potential applicants, and be sure to provide them with accurate information. A motion was made, seconded, and passed unanimously to approve the proposed revisions to the 2004 Loan and Grant Rehabilitation Handbook. President Kinnison referred to Item 6, appointments to the Loan Review Committee. The following members were appointed: Barry Lobell (Reappointed); Sylvia Ford (Appointed); and Judy Telge (Appointed). President Kinnison asked for public comment, and there was none. There being no further business to come before the Corporation, President Kinnison adjourned the meeting at 12:04 p.m. on September 21, 2004. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINEO BALANCE SHEET 30-Nov-04 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,020,430 216,555 782,156 2,019,140 Due from U S GovernmenUOther Fund 0 0 0 0 Mortgages receivable 11,483,537 0 7,411,672 18,895,208 Accrued interest receivable 0 0 0 0 Account receivable 62,452 0 19,857 82,309 Leasehold improvements (net of accumulated amortization) 148,755 0 0 148,755 Investment in property (net of accumulated depreciation) 194,570 21,047 19,750 235,368 Total assets 12,909,743 237,602 8,233,435 21,380,780 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 278,477 0 31,711 310,188 8ank note payable 155,120 0 0 155,120 Total liabilities 433,597 0 31,711 465,308 Fund Balance: Reserved for WOC project 33,845 0 0 33,845 Reserved for Kids in the Neighborhood 138,893 0 0 138,893 Reserved for HOME program 511,167 0 0 511,167 Reserved for mortgages 11,483,537 0 7,431,422 18,914,959 Reserved for Seawall loan 0 0 0 0 Unreserved 308,705 237,602 770,302 1,316,609 Total fund balance 12,476,147 237,602 8,201,724 20,915,472 Total liabilities and fund balance 12.909.743 237.602 8,233,435 21.380,780 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES. AND CHANGES IN FUND BALANCES FOR THE FOUR MONTHS ENDING NOVEMBER 30, 2004 Loan Program Special Project HOME Program Fund Fund Fund Total Revenues: Contribution from Federal Government 0 0 281,277 281,277 Interest on loans 12,595 0 2,634 15,229 Interest on investments 117 63 160 340 Rental income 15,278 0 0 15,278 Miscellaneous 5,984 0 433,822 439,806 Total revenues 33,974 63 717.893 751,930 Expenditures: Grants 3,241 0 300,736 303,978 Warranty Work 0 0 0 0 Community Development administration 0 0 3,712 3,712 Loan processing 0 0 6,582 6,582 Accounting services 0 0 839 839 Interest expense 3,297 0 0 3,297 Miscellaneous 0 0 0 0 Accumulated amortization- forgivable loans 23,886 0 4,931 28,817 leasehold improvements 37,189 0 0 37.189 Accumulated depreciation - building 2,486 0 0 2,486 Total expenditures 70,099 0 316,800 386,900 Excess of revenues over expenditures (36,125) 63 401,093 365,030 Other financing sources(uses): Operating transfers in(out): Transfer From COBG 195,700 0 0 195,700 Transfer To CDBG (88,048) 0 0 (88,048) Total other financing sources(uses) 107,652 0 0 107,652 Excess (Deficit)of revenues and other financing sources over expenditures and other uses 71,527 63 401,093 472,684 Fund balances at August 1,2004 12,404,620 237,539 7,800,631 20,442,788 Fund balances at Nov 30, 2004 12,476,147 237,602 8,201 ,724 20.915,472 Memorandum TO: Board Members of the Corpus Christi Community Improvement Corporation FROM: George K. Noe, General Manager DATE: January 4, 2005 SUBJECT: Request for Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) on January 11, 2005 I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of January 11, 2005 to consider the following item: 1. Amend current contract with the Community Development Corporation (CDC) to incorporate FY 2003 and FY2004 HOME Program funding: On May 20, 2003, the City Council approved the FY2003 Consolidated Annual Action Plan for CPD Programs and appropriating $7,685,714 for the CDBG, ESG and HOME project/activities (025309). Also, on April 27, 2004, the City Council approved the FY2004 Consolidated Annual Action Plan for CPD Programs and appropriating $7,455,023 for the CDBG, ESG and HOME project/activities (025738). Included in these actions was the approval for the Community Development Corporation: Staff recommends that the Corpus Christi Community Improvement Corporation (CCCIC) amend the current contract with the CDC to incorporate FY2003 and FY2004 HOME Program funding (see above table for the allocation). The CDC's mission is in creating affordable housing in our community. George K. Noe General Manager FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AND THE COMMUNITY DEVELOPMENT CORPORATION State of Texas ~ ~ ~ Know All by These Presents County of Nueces This agreement ("Fifth Amendment") is made and entered into by the Corpus Christi Community Improvement Corporation ("CCCIC"), a nonprofit corporation organized under the laws of the State of Texas, and the Corpus Christi Community Development Corporation ("CDC"), a business corporation organized under the laws of the State of Texas. SECTION 1. This Fifth Amendment reinstates and amends the provisions of an initial agreement ("Agreement") between the parties which was effective May 21, 1996, and its Amendment and Reinstatement ("First Amendment"), its second amendment ("Second Amendment"), its third amendment ("Third Amendment"), and its fourth amendment ("Fourth Amendment"). SECTION 2. The parties to this Fifth Amendment have severally and collectively agreed to reinstate the terms and provisions of the initial Agreement, including all amendments made subsequent to the Agreement and including all exhibits and attachments, and by the execution of this Fifth Amendment do bind themselves to the mutual obligations and to the performance and accomplishment of the provisions described in this document. SECTION 3. Section 2 of the Agreement, entitled Agreement Period, is amended to read as follows: "Section 2. AGREEMENT PERIOD "This Agreement shall commence on May 21,1996, and shall terminate on January 31,2006, unless otherwise specifically provided by the terms of this Agreement." SECTION 4. Section 4.B. of the Agreement, entitled Limit of Liability, is amended to read as follows: "B. Limit of Liability "Notwithstanding any other provision of this Agreement, the total of all payments and other obligations incurred by CCCIC under this Agreement may not exceed the sum of Four Million, Sixty-eight Thousand, Seven Hundred Sixty-seven and No/100 Dollars ($4,068,767.00)." SECTION 5. Except as modified by this Fifth Amendment, all provisions of the Agreement, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendmentt remain unchanged and in full force and effect between the parties. (EXECUTION PAGES FOllOW) CDC 5th Amendment 01 0605.doc Page 2 of 3 Executed in duplicate originals this _ day of ,2005. ATTEST: CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Armando Chapa City Secretary Rex A. Kinnison President APPROVED AS TO LEGAL FORM: January 6, 2005 Elizabeth R. Hundley Assistant City Attorney for the City Attorney CORPUS CHRISTI COMMUNITY DEVELOPMENT CORPORATION Mike Carrell President Date ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS This instrument was acknowledged before me on _ day of , 2005, by Mike Carrell, President of the Corpus Christi Community Development Corporation, on behalf of the corporation. Notary Public, State of Texas CDC 5th Amendment 010605.doc Page 3 of 3