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Agenda Packet City Council - 05/10/2005
CITY COUNCIL AGENDA MAY 10, 2O05 Corpus Christi Ail-America City 11:45 A.M. - Proclamation declaring May 15-21,2005 as "Humcane Awareness Week" Preelamation declaring May 19, 2005 as "Police Memodal Day' Proclamation declaring May 7-15, 2005 as 'Natonal Tourism Week" Proclarnal~on declaring May 8-14, 2005 as 'National Music Week" Preelamaton declaring May 9-13, 2005 as 'Senior Center Week' Proclamation declaring May 15-21, 2005 as "National Police Memorial Week' Proclamation deeladng We monlh of May as "American Stroke Month' Proclamation deeladng the month of May as "Fire Fighters Appreciation Month' ProclamalJon declaring the month of May as 'Motorcycle Awareness Month" Commendations: Flour Bluff High School NJROTC Grand National Champions and Navy National Champions Commendation: Dollie Pawkett AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 10, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be 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 lhe 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 didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprefe ingl~s-espaf~ol en todas las juntas del Concilio para ayudafle. 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 Henry Garrett to call the meeting to order. B. Invocation to be given by John B. Smith, First Family Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Arrnando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern Brent Chesney Council Members: Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attomey Mary Kay Fischer City Secretary Armando Chapa __ Agenda Regular Council Meeting May 10,2005 Page 2 E. MINUTES: 1. Approval of Regular Meeting of April 26, 2005. (Attachment # 1 ) F. BOARDS & COMMITrEE APPOINTMENTS: (Attachment # 2) Animal Control Advisory Committee Arts and Cultural Commission Coastal Bend Council of Governments Ethics Commission Intergovernmental Commission on Drug and Alcohol Abuse Park and Recreation Advisory Committee Sister City Committee Transportation Advisory Committee Water Resources Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed apprepdate, 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. CONSENT AGENDA Notice to the Public The foflowing items are ora 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. Afl items will be acted upon by one vote without being discussed separately unless requesfed 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 agenda summary) Agenda Regular Council Meeting May 10,2005 Page 3 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) Ordinance appropriating $90,525 from the 2004 State Homeland Security Program Grants from the Texas Engineering Extension Service Fund in the No. 1062 Fire Grants Fund to upgrade a Bomb Robot used by the Police Bomb Disposal Unit. (Attachment # 3) Ordinance appropriating $498,000 from BFI Waste Services of North America, Inc., in the No. 1020 General Fund for BFI's purchase of the city's landfill equipment; amending the Budget adopted by Ordinance No. 025878 to increase revenues and appropriations by $498,000. (Attachment # 4) Motion authorizing the City Manager or his designee to accept a Texas Department of Health Grant in the amount of $225,800 for the Health Department Emergency Power Supply project and to execute grant acceptance documents. (Attachment # 5) Ordinance appropriating $225,800 from a Texas Department of Health Grant into the Health Grants Fund No. 1066 for the Health Department Emergency Power Supply project; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $225,800. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation, of Corpus Christi, Texas in the amount of $903,160 for the 16-inch Diameter Waterline Loop Connections Segment"A" Weber Road, Segment "B" Chapman Ranch Road, and Segment "C" Old Brownsville Road for the Total Base Bid and Additive Alternate No. 1. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation, of Corpus Chdsti, Texas in the amount of $1,027,420 for the Country Club Estates Lift Station Upgrade and Connection to Force Main "C" for the Total Base Bid and Additive Altemate No. 1. (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to leger~cl at t~e end of the agenda summary) Agenda Regular Council Meeting May10,2005 Page 4 9.5, 10.a. 10.b. Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Company, Inc., of Corpus Chdsti, Texas in the amount of $425,450 for the Williams Drive Lift Station Wastewater Trunk Main Manhole Rehabilitation, Phase 1. (Attachment # 8) Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 Capital Improvement Program Fund 3411B and appropriating $202,169.13 from the unappropriated interest earnings from Street 2001 Capital Improvement Program Fund 3540 for the Cimarron Boulevard Improvements Project, Phases 1 and 2; amending Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a Con[ract for Professional Services with Mavedck Engineering, of Corpus Chdsti, Texas in the amount of $1,359,999 for the Cimarron Boulevard Improvements Project as follows: (Attachment # 9) Phase 1 - from Saratoga to Yorktown Phase 2 - from Yorktown to Bison Ordinance appropriating $87,045.36 from the unappropriated miscellaneous revenues from Street Capital Improvement Program Fund 3530, appropriating $201,753.69 from City Hall Capital Improvement Program Fund 3160 and transferring to and appropriating in Street Capital Improvement Program Fund 3530 for the Doddridge Street Improvement Project; amending Capital Budget adopted by Ordinance 026188 by increasing appropriations by $490,552.74. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Goldston Engineering, of Corpus Christi, Texas in the amount of $670,215 for Doddddge Street Improvements from Ocean Ddve to South Staples Street. (BOND ISSUE 2004) (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Re[er to legend a[ We end of agenda summary) Agenda Regular Council Meeting May 10,2005 Page 5 11.a. 11.b. 12. 13.a. 13.b. Ordinance appropriating $536,350 from City Hall Capital Improvement Program Fund 3160, transferring to and appropriating in Street Capital Improvement Program Fund 3530 for the Neighborhood Street Reconstruction Project; amending Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1,072,700. (Attachment # 11) Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $721,350 for Neighborhood Street Reconstruction along the following streets: (BOND ISSUE 2004) (Attachment # 11) Cluster 1: Riverside Area - behind Calallen High School Cluster 2: Nueces Bay/Buddy Lawrence Area Cluster 3: South Port/Greenwood Area Cluster 5: Holly/Kostoryz Area Cluster 7: Nile Area Resolution authorizing execution of Agreement with Friends of the Parks, Inc. regarding Memorial Tree and Bench Program. (Attachment # 12) Motion approving the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement with Airy Enterprises, owner and developer of Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road for the installation of 717 linear feet off-site, 18-inch PVC sanitary sewer trunk line along Slough Road between Airline Road and Rodd Field Road. (Attachment # 13) Ordinance appropriating $226,000 from the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Airy Enterprises for the installation of 717 linear feet offsite 18-inch PVC sanitary sewer trunk line as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement, to develop the Greystone Unit 1 subdivision; subject to approval of the Master Plan Amendment. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Rei~er to legend a[ bhe end or agenda summary) Agenda Regular Council Meeting May 10, 2005 Page 6 14.a. 14.b. 15. 16.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Alty Enterprises, owner and developer of Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road for the installation of 560 linear feet off-site, over-depth sanitary sewer collection line along Slough Road between Rodd Field Road and the west property line of Greystone Unit 1 subdivision. (Attachment # 14) Ordinance appropriating $126,000 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 to pay Alty Enterprises for the installation of 560 linear feet of an offsite, over-depth 18-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, to develop the Greystone Unit 1 subdivision; subject to approval of the Master Plan Amendment. (Attachment # 14) Motion authorizing the City Manager to execute a Deferment Agreement with Hogan Development Company, L.P. in the amount of $80,988 for the construction of public concrete sidewalks along Calgary Drive, Las Brisas Street, Whirlwind Street, Badovento Street, Calma Street, and Ventoso Street within the Los Vientos at Terra Mar Unit 1 subdivision located south of Wooldridge Road, west of Cayo Del Oso, in accordance with the Platting Ordinance Section V - Required Improvements, Subsection A.3.(b). (Attachment # 15) Motion approving Amendment No. 2 to the Sanitary Sewer Construction and Reimbursement Agreement with Hogan Development Company, owner and developer, Los Vientos de Terra Mar Unit 1, for construction of Master Plan Lift Station No. 11 and Force Main, to increase the size of the remaining segment of Force Main from 12-inch to 16-inch for approximately 4,565 linear feet from east of Rodd Field Road to Lift Station No. 2 on Wooldridge, at a cost increase of $319,360 and to modify the terms of the agreement. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Refer to legend at Ihe end of agenda summary) Agenda Regular Council Meeting May 10, 2005 Page 7 16.b. 17.a. 17.b. 18. Ordinance appropriating an additional $319,360 from the Sanitary Sewer Trunk System Trust Fund No. 4220 to pay Hogan Development Company for the design and construction of approximately4,565 linear feet of 16-inch Force Main and related appurtenances, (Master Plan Lift Station # 11). (Attachment # 16) Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by HICO Wholesale Distributors. owner and developer of a portion of Lots 10 and 11, all of Lots 12 and 13, Block 11, Saratoga Place subdivision located north of Saratoga Boulevard west of Ayers Street for the installation of 200 linear feet, onsite, oversize, overdepth, 1 O-inch PVC and 371 linear feet, offsite, oversize, overdepth, 10-inch PVC sanitary sewer collection line along the west side of Ayers Street, connecting to an existing sanitary sewer line installed by the City approximately 371 feet south of the southern limits of the subdivision. (Attachment# 17) Ordinance appropriating $49,919.24 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 to pay HICO Wholesale Distributors for the installation of 200 linear feet onsite, oversize, overdepth 10-inch PVC and 371 linear feet offsite, oversize, overdepth 10-inch PVC sanitary sewer collection line along the west side of Ayers Street connecting to an existing sanitary sewer line installed by the City approximately 371 feet south of the southern limits of the subdivision as specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop a portion of Lots 10 and 11 and all of Lots 12 and 13, Block 11, Saratoga Place Subdivision. (Attachment # 17) Motion authorizing the City Manager to execute a Deferment Agreement with Bay Area Fellowship Church, in the amount of $362,539 for the public improvements including street pavement, curb and gutter, sidewalk, storm sewer lines and water mains within Bay Area Fellowship Church Tract, Block 1, Lot 1, located east of the Chapman Ranch Road south of the Oso Creek and north of F.M. Road 43, in accordance with the Platting Ordinance Section V - Required Improvements, Subsection A.3.(b). (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at t~e end of the agenda summa~,) Agenda Regular Council Meeting May 10,2005 Page 8 19. 20. 21 .a. 21 .b. 22. Ordinance abandoning and vacating a 1,466-square foot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, and Lot lB, Block 221, Port Aransas Cliffs; approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner, Mr. Timothy Ehrman, to comply with the specified conditions. (Attachment # 19) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a ten year Pier Lease Agreement (with ten year renewal at City Manager's or designee's discretion) with Padre Island Yacht Club for Pier and Clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995 Pier Lease). (First Reading 4/12/05 (Attachment # 20) PUBLIC HEARINGS: Public hearing to consider amending the 1983 Master Sanitary Sewer Plan for the Southem Portion of Corpus Christi to change the designation of approximately 717 linear feet of a 15-inch Collection Gravity Line to an 18-inch Trunk Gravity Line along Slough Road between Airline Road and Rodd Field Road, in Ordinance Exhibit A. (Attachment # 21) Ordinance amending the City's Comprehensive Plan by amending the 1983 Master Sanitary Sewer Plan for the Southem Portion of Corpus Christi to change the designation of approximately 717 linear feet of a 15-inch collection gravity line to an 18-inch trunk gravity fed line along Slough Road between Airline Road and Rodd Field Road, as described on the attached Exhibit A. (Attachment # 21) ZONING CASES: Case No. 0305-04, Sizemore Real Estate, LLC : A change of zoning from a "B-4" General Business Distdct to an "1-2" Light Industrial District. The property is in River Square, Unit 1, Block 1, Lots 1 through 4, located north of IH37 Frontage Road, south of McKenzie Lane and east of Twin River Boulevard. (Tabled 04/26/05) (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at bhe end of bhe agenda summary) Agenda Regular Council Meeting May 10,2005 Page 9 23. Plannin(~ Commission's Recommendation: Denial of the "1-2" Light Industrial Distdct and in lieu thereof, approval of a Special Permit subject to site plan (Layout C) and nine (9) conditions. Staff's Recommendation: Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to site plan (Layout E) and nine (9) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Sizemore Real Estate, LLC; by changing the zoning map in reference to River Square Unit 1, Block 1, Lot 1 through 4, (currently zoned "B-4" General Business District) by granting a Special Permit for warehouse/office uses subject to site plan (Layout C) and nine (9) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0305-03, Bob Bair d/b/a Bair's Den: A change of zoning from a "B-l" Neighborhood Business District to a "B-4" General Business District. The property is in Koolside Addition, Block 8, Lot 15, Less R.O.W., located along Gollihar Road between Lum Avenue and Aidine Road. (Attachment # 23) Plannina Commission's Recommendation: Denial of a "B-4" General Business District and, in lieu thereof, approval of a Special Permit for one (1) year subject to annual renewal by the Planning Commission and a site plan. Staff's Recommendation: Denial of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Bob Bair d/b/a Bair's Den by changing the zoning map in reference to the Koolside Addition, Block 8, Lot 15, Less R.O.W. (currently zoned "B-I" Neighborhood Business District) by granting a Special Permit for one (1) year subject to annual renewal by the Planning Commission and a site plan; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORI'FY ISSUES (Re~er ~ legend at Ihe end o[ agenda summary) Agenda Regular Council Meeting May 10, 2005 Page 10 24. Case No. 0405-03, George K. Taylor: A change of zoning from a 'R-1 B" One-family Dwelling District to a "B-4" General Business District. The property is 17.19 acres out of Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract, located at South Padre Island Drive and west of Nile Road. (Attachment # 24) Plannina Commission's Recommendation: Approval of a "B-41' General Business District for Tract I and a "B-1" Neighborhood Business District for Tract 2. Staff's Recommendation: Denial of the "B-4" General Business Distdct for Tracts 1 and 2, and in lieu thereof, approval of the 4" General Business Distdct for Tract 1 and an '%-2" Apartment House District on Tract 2. ORDINANCE Amending the Zoning Ordinance, upon application by George K. Taylor, by changing the zoning map in reference to 17.19 acres out of Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract, from "R-1 B" One-family Dwelling District to Tract 1 "B-4" General Business District and Tract 2 "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA (NONE) CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Update on South Texas Military Facilities Task Force, Gary Bushell and Loyd Neal (Attachment # 25) 26. Quarterly Report on the City's Americans with Disabilities Act Title II Transition Plan and the City's Non-Discrimination Ordinance (Attachment # 26) CITY COUNCIL PRIORITY ISSUES (Refer [o legend aL Ibe end of lye agenda summary) Agenda Regular Council Meeting May 10, 2005 Page 11 27. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretaq/.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa,~ol en la reunid~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RES TRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 to receive advice from the City's attorneys about the City's standing to challenge an application for a C&D landfill in the region, with possible discussion and action related thereto in open session. CITY COUNCIL PRIORITY ISSUES (Refer [o legend at We end o[ agenda summary) Agenda Regular Council Meeting May10,2005 Page 12 N. REPORTS: 28. 29. 30. 31. O. The following reports include questions by Council to Staff regarding Ciiy policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79"' Texas Legislature. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the Eon/entrance [o CI~ Hall, 1201 Leopard Sb-ee[, at 2:30 p.m, May 6, 2005, Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to lege~cl at Ihe end o~ the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas,com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If t®chnlcal problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that Implement council priortty Issues. 1 MINUTES CITY OF CORPUS CHR/STI, TEXAS Regular Council Meeting April 26, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Brent Chesney Council Members: Melody Cooper (An'ived at 10:25 a.m.) Jerry Garcia Rex Kinnison Bill Kelly John E. Marez (Arrived at 10:53 a.m.) Jesse Noyola City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Mark Scott Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Francisco Campos of Kelsey Memorial United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of April 19, 2005. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 15). Mr_ Garcia requested that Item 12 be pulled for individual consideration. City Manager Noe stated staffwas requesting that Item 14 be pulled for individual consideration. There were no comments fi.om the public. A motion was made and passed to approve Items 2 through 15, constituting the consent agenda, except for Items 12 and 14, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2005-121 Motion approving the purchase of laboratory equipment from Roche Diagnostics Corporation, of Indianapolis, Indiana based on sole source in the amount of $35,000. This equipment will be used by the Health Department. Funds are available fi.om the Health Department Grants Fund. The foregoing motion was passed and approved with the following vote: Garreth Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Minutes - Regular Council Meeting April 26, 2005 - Page 2 MOTION NO. 2005-122 Motion approving a supply agreement with R & R Delivery Service, of Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 126,002 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI-0075-05 based on only bid for an estimated annual expenditure orS 153,722.44. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Sen/or Community Services of the Parks and Recreation Depaxtment in FY 2004-2005. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinn/son, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. MOTION NO. 2005-123 Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance ~vith Bid Invitation No. BI-0054-05, based on low bid, low bid meeting specifications and only bid for a total of $217,522. Funds have been budgeted by the Street Department in FY 2004-2005_ Texas Highway Round Rock, Texas Item Nos. 1 & 4 $105,480 Paradigm Traffic Fort Worth, Texas Item No. 2 $16,450 Ken Bridges Audio Corpus Clmsti. Texas Item No. 3 $95,592 Grand Total: $217,522 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent_ RESOLUTION NO. 026229 Resolution authorizing the City Manager or his designee to submit a grant apphcation to the Texas Automobile Theft Prevention Authority (ATPA) in the amount of $469,142 to continue the Motor Vehicle Theft Enforcement Grant within the Police Department for Year 5, with a City match of $ 8,700 in the Law Enforcement Trust Fund No_ 1061; and an in-kind contribution of $164,437, for a total project cost of $642,279. The foregoing ~esolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinaison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent_ Minutes - Regular Council Meeting April 26, 2005 - Page 3 MOTION NO. 2005-124 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $30,000 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent_ ORDINANCE NO. 026230 Ordinance appropriating $30,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Gm'rea, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. MOTION NO. 2005-125 Motion authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Deparlment of Transportation (TxDOT) in the amount of $32,055.39 for construction of a traffic signal and other miscellaneous items on FM 624 from US77 to FM 1889. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Gan'eR, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent_ MOTION NO. 2005-126 Motion authorizing the City Manager or his designee to execute Amendment No_ 12 to the Conlxact for Professional Services with LNV Engineering, of Corpus Christi, Texas for a total fee of $214,013.21, for a total re-stated contract fee of $2,852,607.21 for the O. N. Stevens Water Treatment Plant Wash Water System Project: * Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste * Phase 3 - Elevated Water Storage Tank The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Minutes - Regular Council Meeting April 26, 2005 - Page 4 10. 11. 13. MOTION NO. 2005-127 Motion authorizing the City Manager or kis designee to execute Ratification and Amendment No. 17 to the Contract for Professional Services with Maverick Engineering, Inc., of Corpus Christi, Texas in the amount of $67,608 for the Resaca Lift Station and 48-inch Gravity Line and Antelope Street and Salt Flats 36-incl~48-inch Wastewater Gravity Interceptor project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. ORDINANCE NO. 026231 Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc. for "C-Sculptures", on the Gulf Beach at Newport Pass County Park. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinaison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. RESOLUTION NO. 026232 Resolution exempting Lot 1, Block 1, S & J Estates Subdivision, fi.om the payment of wastewater acreage fees pursuant to Section V.B.6.1 of the Platting Ordinance. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent_ ORDINANCE NO. 026234 Ordinance abandoning and vacating a 1,383.35-square foot portion ofa 10 foot wide utility easement out of Lots 90 and 91, Block 1, Mariposa Subdivision located south of the Yorktown Boulevard and Cimarron Boulevard intersection, in connection with the Cimarron Boulevard Street Improvement Project, Phase 2, Yorktown to Bison (BOND 2004) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Minutes - Regular Council Meeting April 26, 2005 - Page 5 15. ORDINANCE NO. 026236 Authorizing the City Manager to execute Amendment No. I to Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi, Texas. (First Reading 04/19/05) The foregoing ordinance was passed and approved on its second reading w/th the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Mayor Garrett opened discussion on Item 12 regarding the developer's contribution to The Boardwalk Unit 2 subdivision infi-astmcture improvements. In response to Mr. Garcia's question, Director of Development Services Barbara Holly stated this item would reimburse the developer for irrfi'astructure improvements made to Master Ditch 31 ia 1985 related to this development. City Secretary Chapa polled the Council for their votes as follows: 12.a. ORDINANCE NO. 026233 Ordinance appropriating $81,811.60 from The Boardwalk Unit 2 Subdivision located west of Cimarron Boulevard and north of Lipes Boulevard, as developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund; amending Ordinance No. 024130, which appropriated the Trust Funds, by adding $81,811.60 to the No. 4730 Infrastructure Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kiimison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. 12.b. MOTIONNO. 2005-128 Motion approving payment of $81,811.60 developer's contribution from The Boardwalk Unit 2 Subdivision fi.om the No. 4730 Infi'astxuctum Fund to Ann H. Bratton, Independent Executor of the Estate of Mark Bratton, Trustee, for disbursement to the appropriate Funding Owners, in accordance with the Offsite Drainage Development Contract, Master Plan Drainage Channel 31, between the City of Corpus Christi and Trustee. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinmson, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Mayor Garrett opened discussion on Item 14 regarding the city's Water Conservation and Drought Contingency Plan. Assistant City Manager Ron Massey explained that last week, the Council had approved the aforementioned plan on first reading. The city was required to update the plan by May 1_ He reported that last Thursday, staff briefed the Water Resources Advisory Committee on the plan, and they recommended two amendments. First, they felt the plan needed to be more specific regarding the water prohibition between 10:00 a.m. and 6:00 p.m. Second, the committee felt the exception provided for the watering of newly planted vegetation during the hours Minutes - Regular Council Meeting April 26, 2005 - Page 6 of 10:00 a.m. and 6:00 p.m. for a period of 30 days should be reduced to five days. Mr. Massey stated staffhad considered the committee's recommendations, and they did not recommend any changes to the ordinance as presented on first reading. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 026235 Amending Section 55-151, Code of Ordinances, City of Corpns Christi, regarding the City's Water Conservation and Drought Contingency Plan. (First Reading 04/19/05) The foregoing ordinance was passed and approved on im second reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Cooper, Marez, and Scott were absent. Mayor Garrett referred to Item 16, the Sizemore Real Estate zoning case, and noted the applicant had submitted a written request that the item be tabled for two weeks. Mr. Chesney made a motion that the Sizemore Real Estate zoning case be tabled until May 10, seconded by Mr. Garcia, and passed. 16. TABLED UNTIL MAY 10, 2005 Am~.dh~g thc Zoning O~din,~,,.e, upon ~vtalication by Sizcmorc Real E~tate, LLC, by changing thc zoith~g -,~la in ,~f~,~,,ce to Riw, Sqt~c Unit 1, Block 1, Lot 1 th, ough 4, (c~,,..tly zoned "B-4" G,..¢,M Business Di~t~i,.t) by ~ath~g a Special IX.,,~dt foi w,~ ~houseA, IT,~c uses subject to site pl~, (Layout C) ,~,d nine (9) conditions, ox~,,ding the C,~,.v,~hc,mvc Pl,~ to account fo, any deviations fi,,,,, the existing Coml,,d,~ivc Plan, Mayor Garrett opened discussion on Item 17, the final adoption of the FY 2005 Consolidated Annual Action Plan (CAAP), consisting of the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and HOME Investment Partnership Programs. City Manager Noe stated the public hearing for this item was held at last week's meeting, and the Council had approved a list of recommended recipients at the conclusion of the heating. He said the only outstanding funding issue was related to the Northside Manor Apartments project. The Council had considered providing additional funding to the Northside Manor project by decreasing the allocation to the Latino Education Project. The Council asked, however, to speak with a representative from the Northside Manor project before making a final decision. Mr. Ron Anderson, executive director for a low-income housing group called Housing and Community Services, reported his group had acquired the Northside Manor Aparmaents. Although the project was challenging, he felt they could preserve the project, but only with the city's support and assistance. He noted the apartments had failed their HUD inspections on three consecutive Minutes - Regular Council Meeting April 26, 2005 - Page 7 occasions, so HUD was prepared to foreclose on the property. HUD contacted Housing and Community Services to see if they could save the property because it had 120 Section 8 subsidies attached to 120 units. If the property were to be foreclosed on, the current residents would receive housing vouchers; however, the permanent 120 subsidized units would disappear. Mr. Anderson said his group's goal was to keep the 120 subsidized units in the city. Mr. Anderson said his group had applied for a bond issuance to rehabilitate the apartments through the Texas State Affordable Housing Corporation (TSHAC). City staff, however, had suggested that it would be preferable to tear the building down and then relocate the project to a new facility. Housing and Community Services forwarded this idea to both the regional and state HUD offices, who were in accord. The group was now awaiting federal HUD approval. In addition, Mr. Anderson said his group had contacted a number of other agencies for funding, including the Texas Department of Housing and Community Affairs. Mr. Anderson stated his group had requested $500,000 from the city, and the Planning Commission had recommended $443,000. He understood, however, that the Council was considering a reduced funding of $300,000, but they were willing to accept this amount. Mr. Ray Lucas, Asset Manager for the group, added that approximately two weeks ago, the Northside Manor Aparlxnents had passed their last inspection Ma-. Noyola read the following statement: "I publicly disclose that I am a member of the Lexington Manor and Northside Manor boards_ I have a brother who is a member of the AVANCE board and I have a brother-in-law who is a member of the Del Mar Board of Regents. I will obtain no financial interest or benefit fi.om a CDBG actiwty. My brother and brother-in-law will obtain no financial interest or benefit fi.om a CDBG activity. I w/Il have no financial interest in any contract with respect to a CDBG activity or its proceeds. I will abstain fi.om participation in all deliberation and votIng related to these boards." (* Melody Cooper arrived at 10:25 a.m.) Mr. Kelly spoke regarding Project 9 in the HOME program, the E1 Paraiso Apartments. County Commissioner Betty Jean Longoria had stated the apartments were requesting $139,898 to complete their proposed project. Staff had recommended $132,898 in funding, which the Council approved, creating a funding deficit of $7,000. Mr. Kelly asked if staff still set priorities for reprogramming money, in the event that money was allocated to a project that was not completed. City Manager Noe replied negatively, saying staff instead annually reviewed all the projects that were not completed or were completed for less money, and then repmgrammed the monies during the CDBG process. In response to Mr. Kelly's question, Mr. Noe said any reallocation of funds required Council action. Mr. Kelly made a motion to set a priority to give HOME Project No. 9, the E1 Paraiso Apartments, an additional $7,000 in funding if another project was not completed, seconded by Mr. Noyola. Mr. Noyola made a motion to amend Mr. Kelly's motion to include funding CDBG Project 33, Westside Pony League, and Project 35, the Neighbor Center, in the amounts for $25,000 and $27,000 respectively. Mr. Kelly asked Mr. Noyola to make his amendment as a separate motion. Discussion ensued regarding the appropriate level of Council involvement in reprogrammlng funds_ Minutes - Regular Council Meeting April 26, 2005 - Page 8 Mr. Kelly withdrew his motion. Mr. Kinnison made a motion to move $7,000 from CDBG Item 13, the Latino Education Project, to Item 9, the El Paraiso Apartments, seconded by Ms. Cooper. Mr. Garcia spoke against this action, saying the Latino Education Project needed the funding. He felt Commissioner Longoria and the El Paraiso Apartments group had concurred with the funding level approved last week. Mr. Chesney also spoke against this action, saying the Latino Education Project had already had their funding reduced by $50,000 last week. Mr. Chesney proposed reallocating $7,000 from the Costa Tarragona project instead if necessary. Mr. Garcia supported Mr. Chesney's idea. Mr_ Kinnison stated while he felt the Latino Education Project served many community needs, he did not support their proposed project because it only targeted a segment of the senior citizen population, rather than all seniors. City Secretary Chapa polled the Council for their votes on Mr. Kirmison's motion as follows: Cooper, Kelly, and Kinnison, voting "Aye"; Garrett, Chesney, Garcia, and Noyola, voting "No"; Marez and Scott were absent. The motion failed. City Secretary Chapa polled the Council for their votes on Item 17 as follows (see Attachment "A", the approvedJ~nal project list, included as part of these rninules): 17 RESOLUTION NO. 026237 Resolution adopting the FY2005 Consolidated Annual Action Plan (CAAP), which includes the Community Development Block Grant, Emergency Shelter Grant, and HOME Investments Partnership Programs; authorizing the City Manager or his designee to submit the CAAP to the U.S_ Department of Housing and Urban Development (HUD); and authorizing the City Manager or his designee to make changes in the CAAP if reqnired by HUD. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Marez and Scott were absent. (NOTE: Mr. Noyola abstained from the vote and discussion related to the A VANCE, Lexington Manor Apartments, Northside Manor Apartments, and Del Mar College projects.) Mayor Garrett opened discussion on Item 18 regarding Affordable Housing Prograrn Agreements betweenthe city and the Corpus Christi Business and Job Development Corporation (4A Board). City Manager Noe stated this item was related to the allocation from the 4A sales tax for affordable housing, approximately $500,000 per year. He said the city had spent a portion of the funding over the course of last year; thus, the city had one full year's allocation plus the residual funding for a total of $780,000. The 4A Board had initiated an RFP process to elicit proposals for the allocations, and made a number of recommendations for funding the affordable housing program. He reminded the Council that the affordable housing program dollars were prioritized to promote single-family home ownership rather than rentals. Mr. Jonathan Wagner with the Neighborhood Services department discussed the various proposals being recommended by the 4A Board at their meeting on October 4, 2004. The first proposal was Item 18.a., a $130,000 forgivable loan for new construction homebuyer assistance (down payment and closing cost assistance). He said half of the program would be funded through Minutes - Regrdar Council Meeting April 26, 2005 - Page 9 4A funding, and the remaining funding would be obtained through federal funding. The second proposal was Item 18.b., a $100,000 loan to Miramar Homes for a Buy-Down Mortgage Loan Program. The prospective homeowners would receive $15,000 to $20,000 in buy- down mortgage assistance. He said the homes would bear no interest, and would not be repaid until the home was resold to allow the homeowner to benefit from appreciation on the property_ The third proposal was Item 18.c., a $210,000 forgivable loan to the Nueces County Corranurdty Action Agency to provide down payment, and closing cost assistance in the range of $15,000 to $20,000 per family for new construction. The fourth proposal was Item 18.d., the In-Fill Neighborhood Revitalization Pilot Program, a joint parmership between the city and the Nueces County Community Action Agency (NCCAA). After researching the various areas in the city that were in need of in-fill, rehabilitation, and NIP services, city and NCCAA staff identified a portion of Soledad Street as the most viable candidate for the pilot. The 4A Board authorized $175,000 in funding for the pilot program on April 4, 2005, He said $80,000 was dedicated to purchase 10 vacant lots for the consa'ucfion of 10 homes. Additionally, the funds would provide down payment and closing cost assistance for 10 families averaging $9,500 per family, or $95,000. He said the city had identified an additional $171,500 in rehabilitation funds to put towards the pilot project. Staff had identified eight homes in the area that were in need of rehabilitation services, four of which required major rehabilitation ($120,000), three in need of moderate rehabilitation ($45,000), and one home in need of minor rehabilitation ($6,500). The Soledad Street area was also participating in the Neighborhood Initiative Project (NIP) as part of the revitalization phase_ Finally, the fifth proposal was Item 18.e., a $107,000 forgivable loan to the City of Corpus Christi for down payment and closing costs assistance of $5,000 per client. He said fifty percent of the program would be funded by HUD funds, and the other fifty percent would be funded through 4A funds. The program would provide fmancial assistance for the purchase of existing homes. Mr. Kelly thanked the 4A Board for recommending funding for in-fill housing, saying he was excited about the pilot program. He said in the future, he would like to establish a program to foreclose on lots. He supported current legislative efforts to reduce the remititur period on foreclosures to accelerate the acquisition process. He also stated the city would need to have a better relationship with Nueces County, Del Mar College, and the school districts to obtain forgiveness of taxes to make the lots available to potential property owners. City Manager Noe replied there was a cost in this pilot program to prove there was a market for the homes, and that the homes would maintain their values in the neighborhood. Once the city was able to prove the success, then the city could open the program to larger areas that could be accessed through different means, such as the foreclosure process. Assistant City Manager Margie Rose added three out of the ten properties on Soledad Street were on the taxable closure list. Mr. Garcia asked if it would be viable to provide incentives to public safety personnel or teachem to relocate in these areas. City Manager Noe replied the 4A affordable housing funding was limited to low income applicants only. Mr. Garcia asked staff to consider the aforementioned incentive programs in the future. Minutes - Regular Council Meeting April 26, 2005 - Page 10 Mr. Noyola asked questions about the Miramar Homes proposal. Mx. Randy Farrar explained the homes ranged in price from $81,500 to $93,500 He said clients would be eligible for a $15,000 in down payment assistance for homes under $90,000, and $20,000 for homes over $90,000. He said there were lots already available for sale. Mr. Noyola cautioned that although families would be able to qualify for the loans, their credit scores may be a cause for concern. He recommended additional assistance for families to address their credit. Ms. Cooper complimented staff for combining the NIP program with the in-fill lot pilot program to further revitalize the Soledad Street area. John Marez arrived at 10:53 a.m.) Mayor Garrett called for public comment. Mx. Abel Alonzo, 1701 Thames, thanked the 4A Board for their efforts, but felt the Board was not distributing funds to a diverse number of agencies. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 026238 Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation) and the City of Corpus Christi (City) to allow the Corporation to grant $130,000 of affordable housing funds to the City for new construction homebuyer assistance and authorizing the City Manager to execute the Program Agreement on behalf of the City The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. 18.b. RESOLUTION NO. 026239 Resolution authorizing the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation), the City of Corpus Christi (City), and Randy Farrar doing business as Miramar Homes to allow the Corporation to provide $100,000 of affordable housing funds for Buy-Down Mortgage Loan Program, and authorizing the City Manager to execute the Program Agreement on behalf of the City. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. Minutes - Regular Council Meeting April 26, 2005 - Page 11 18.c. RESOLUTION NO. 026240 Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation), the City of Corpus Christi (City), and Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant $210,000 to the NCCAA for an affordable housing program for down payment and closing cost assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City, The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kirmison, Marez, and Noyola, voting "Aye"; Scott was absent. 18.d. RESOLUTION NO. 026241 Resolution approving the execution o fan Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation), the City of Corpus Christi (City), and Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant $175,000 to the NCCAA and the City of an irrfill housing project as pan of an affordable housing program, and authorizing the City Manager to execute the Program Agreement on behalf of the City. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, KLtmison, Marez, and Noyola, voting "Aye"; Scott was absent_ 18.e. RESOLUTION NO. 026242 Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation (Corporation) and the City of Corpus Christi (City) to allow the Corporation to grant $107,000 of affordable housing funds to the City for down payment assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kmnison, Marez, and Noyola, vot'mg "Aye"; Scott was absent. Mayor Garrett opened discussion on Item 19, a project by Leadership Corpus Christi Class XXXIII. Director of Parks and Recreation Sally Gavlik stated the class had proposed the installation ora memorial monument at Sherrill Park. She said the Mayor's Committee on Veterans Affairs and the Parks and Recreation Advisory Committee had approved their plans. She inlxoduced Ms. Sarah Kowalski and Mr_ Bill Tinney with Leadership Corpus Christi to present their plan. Ms. Kowalski briefly discussed the evolution of the Leadership Corpus Christi program. She said the Leadership Corpus Christi Class XXXIII had chosen for it~ class project a memorial to the men and women fi.om our area who had been activated and served in the Global War on Terrorism_ Minutes - Regular Council Meeting April 26, 2005 - Page 12 She explained the proposed memorial monument would be a 4-foot diameter polished black granite sphere w/th a world globe etched on the surface. The globe would be mounted on a gray 3' diameter x 2' high granite base, which would rest on a 30' diameter concrete stepped base. She said the dedication ceremony for the memorial was scheduled on or about September 11, 2005. On behalf of her class, she asked the Council to consider approving their project. In reply to Mr. Kelly's question, Mr. Tinney replied the memorial would be a static, "dry" monument that would cost approximately $35,000. They had considered a "wet" memorial held hydraulically by a thin film of water which would allow the monument to be rotated by touch; however, it was determined to be cost-prohibitive. Mr. Garcia asked how the class was planning to raise the funds for the project. Mr. Tinney replied the clasg would hold a press conference to announce their project on May 4 at 10:00 mm. at the Chamber of Commerce to begin their fandralsing effort. He said they needed to raise half of the $35,000 within the next two weeks to order the memorial and meet their September 11 deadline. He said it would take two to three months to ship the monument from South Africa, where it was being constructed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2005-129 Motion authorizing the City Manager or his designee to approve a project by Leadership Corpus Christi, Class XXXIII, for installation of memorial monument at Sherrill Park. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. Mayor Garrett opened discussion on Item 20, the second reading of the taxicab fare ordinance. City Manager Noe stated the item included the fares approved by Council at their last regular meeting. He said staffhad provided additional information comparing fares in other cities in the Council packets. He also reported the City of Lubbock had adopted a 50 cent surcharge for fuel when gas prices were above $1.50. Mr. Kirmison thanked staff for the additional information provided. He stated that he had voted against the first reading ordinance, which proposed increases in the flag drop rate fi.om $1.75 to $2.00 for the first 1/5 mile or less, and fi.om 35 cents to 40 cents additional for each succeeding 1/5 mile. He felt the proposed increases did not maintain the city's competitive edge with other cities. He recognized, however, the need to provide assistance to the taxicab industry in lieu of the increases in fuel costs. Thus, he made a motion to amend the city's ordinance to adopt a fuel surcharge of 50 cents per trip when gas prices were in excess of $1.50, in lieu of the proposed increases passed on fn'st reading, which was seconded by Ms. Cooper. Mayor Garrett asked for public comment. Ms_ Para Connolly, representing the taxicab industry, spoke against Mr. Kirmison's proposal, saying the industry supported the first reading Minutes - Regular Council Meeting April 26, 2005 - Page 13 ordinance because the proposed increases would provide a 15 percent increase. She noted that the taxicab industry had not received a rate increase in 5 years, and gas prices had increased by 100 percent since that time. Mr. Chesney spoke against Mr. Kinnison's alternate proposal. He felt the proposed increases in the first reading ordinance provided more financial assistance to the drivers, yet still maintained the city's competitive edge with other cities. Mr. Kinnison offered a compromise by amending his previous motion by increasing the proposed fuel sumharge from 50 cents to 75 cents, seconded by Ms_ Cooper. He felt this would still provide the drivers with an increase, while protecting the consumer. Mr_ Kelly offered an alternate proposal, suggesting the city could increase the flag drop rate from $1_75 to $2.00, and adding a 50 cent fuel surcharge. Mr. Marez spoke in support of a compromise measure increasing the flag drop rate and adding a fuel surcharge. Mr. Chesney spoke in favor of increasing the flag drop rote from $1.75 to $2.25 and adding a fuel surcharge of 25 cents when gas prices were in excess of a $1.50 a gallon. Mr. Kinnison agreed to amend his motion to reflect Mr. Chesney's proposal, and Ms. Cooper concurred. City Secretary Chapa polled the Council for their votes on the motion to amend the ordinance prior to second reading as follows: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, andNoyola, voting "Aye"; Scott was absent. The motion passed. City Secretary Chapa polled the Council for their votes on the seconding reading ordinance as amended as follows: 20. ORDINANCE NO. 026243 Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares-Amounts, to increase taxicab fares to $2_25 for the fa'st one-fffih (1/5) mile or less, thirty-five cents ($0.35) additional for each succeeding one-fifth (1/5) mile or fi'action thereof and adding a twenty-five cent ($0.25) per fare temporary fuel surcharge; and providing for penalties. (First Reading 04/19/05) The foregoing ordinance was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Scott was absent. Mayor Garrett referred to the presentation on the day' s agenda, TxDOT's safety improvement and congestion management project for State Highway 358 (SPID). Assistant City Manager Ron Ma.ssey stated over a year ago, the Texas Transportation Institute (TI'I) had discussed a model to control traffic congestion on SPID. One of their recommendations was to make safety and congestion improvements primarily using ramp reversals. Mr_ Massey stated TxDOT hired an engineering fn-m to develop a concept for implementing the improvements, which would be Minutes - Regular Council Meeting April 26, 2005 - Page 14 discussed at a number of public forums before being finalized. He introduced TxDOT District Engineer Craig Clark to present the concept. Mr. Clark introduced two consultants assisting with the project as follows: Mr. Eddie Sanchez, Vice-President of Transportation with Turner Collier and Braden (TCB); and Ms. Leah Olivarri with Olivarri & Associates. Mr. Clark provided brief background on the project. He said a ramp reversal plan was being considered in the 1980s, but was abandoned due to heavy opposition. Operational improvements have been made over the years, but traffic and congestion continue to increase. As a key economic center, he said traffic congestion on S.P.I.D. affects the public's access to businesses in the area Mr. Clark briefly described the history of the project. As previously mentioned, TTI recommended revisiting the ramp reversal concept in 2004. The Metropolitan Planning Organization (MPO) committed partial funding for the first phase of the improvements, recognizing the initial estimated project cost was $19 million. As originally conceived last year, the project extended from Kostoryz Road to Ah'line Road. TxDOT had engaged TCB to develop a project plan, including engineering analysis, design, phasing, and public involvement. Mr. Clark stated the project's goals were to improve safety, improve operations, and address congestion problems in the SPID area. He asked Mr. Eddie Sanchez with TCB to discuss the engineering study for the project. Mr. Sanchez reported TCB had performed numerous studies on the SPII) area, and had developed a number of initial concepts. At this point, they were seeking public and official input on the concepts to determine the best implementation option. Mr. Sanchez briefly reviewed the major issues facing the SPlD area, including high traffic volumes, traffic backups, and safety concerns. In addition, SPID was part of a complex system including several arterials, and it had limited right-of-way to implement concepts. While the ongoing Crosstown Interchange extension project would divert 15 to 20 percent of SPID traffic to the south, it would only temporarily improve traffic operations. He said the current level of congestion would return in seven to ten years. Mr. Sanchez reviewed the results of a 1999-2001 accident study on SH 358, emphasizing the majority of the accidents were occumng in the area between where the exit ramp merged with the frontage road and the intersection. Mr. Sanchez discussed his team's improvements approach, which mirrored TTI's previous recommendations. First, they recommended moving the exits from the intersection as far as possible by using an "X" ramp configuration, in effect reversing a number of ramps. In other words, exit ramps in the affected area would be changed to entrance ramps, and vice versa. To implement this configuration, Mr. Sanchez said it would require moving a number of exit ramps back, reworking other ramps, and adding auxiliary lanes. Minutes - Regular Council Meeting April 26, 2005 - Page 15 Mr. Sanchez covered the ramp change concept in more detail. He divided the discussion into two parts: Kostoryz Road to Staples Street, and Everhart Road to Airline Road_ He said statT felt confident with its recommendations for the Kostoryz to Staples leg of the project, but was seeking public and official input on a number of proposed options for the Everhart to Airline section. Regarding the Kostoryz Road to Staples Street section, Mr. Sanchez stated the team recommended moving the eastbound Kostoryz Road exit back to provide more distance for entering the intersection. The entrance ramp between Kostoryz Rd and Carroll Rd. would be reconstructed, and the exit to Weber Road would be moved away from the intersection as far as possible. Between Weber Road and Staples Street, Mr. Sanchez said the team was proposing an "X" ramp configuration_ He highlighted the proposed use of auxiliary lanes, which would provide a refuge area for traffic attempting to merge offofthe ramp onto the fi'ontage road and vice versa. Mr. Sanchez believed the auxiliary lanes would eliminate the need for yield signs on the fxontage road, ensuring a smoother merge process. He felt the proposed plan would address safety issues, improve mobility on the fi'ontage road and at intersections, meet driver expectations, and improve business access. The only drawback to the plan was the limited fight-of-way in the area to implement the plan. Regarding the Everhart Road to Airline Road section, Mr. Sanchez presented several potential options. He highlighted the Staples Street to Airline Road portion of this area, saying it was a complicated area in that the current ramps were already configured in a "X" shape, but was not functioning optimally because the distance between the intersections was only half a mile, whereas the optimal distance between intersections was one mile. Mr. Sanchez reported that Option A was to retain the ramps on Staples and Airline, but add improvements such as auxiliary lanes. He said this option would not address the safety issues on the frontage road between Staples and Airline_ Option B was to close two ramps - the enWance ramp on Airline Road and the exit ramp on Staples Street (westbound SP1D). Option C was to create braided ramps (on-ramps over off-romps) on Staples and Airline. Mr. Sancbez said the drawbacks to Option C were the limited distance between the intersections and the significant need for right-of- way. Finally, he said Option D was to implement a flyover with braided ramps to create more space between the off-ramp and the on-ramp on the frontage road_ The structure would be implemented west of Staples Street past Airline Road. The drawbacks to this option were that it would require additional right-of-way both on the north and south sides, and it would require changes to the ramps east of Airline Road to Nile Drive to make room for the take off points on the eastbound and westbound directions. Mr. S anchez displayed a chart mapping out the advantages and disadvantages of each option. Mr. Sanchez discussed the fight-of-way issues affecting the project in more detail. He said the SPID roadway was not centered within the right-of-way; thus, the distance from the center lane to the roadway to the north right-of-way line was greater than fxom the center lane to the south right- of-way line. In order to make the proposed improvements, he said there were isolated areas on the south side ( between Kostoryz and Everhart) where the ramp merged with the fxontage road throughout the project that would need to be expanded slightly, requiring additional right-of-way. Minutes - Regular Council Meeting April 26, 2005 - Page 16 Mr. Clark returned to discuss TxDOl's coordination efforts with the city, saying the project would require right-of-way (ROW) purchase needs which would need to meet city requirements for parking, setback, signage, and landscaping, in addition to utility relocation. The project would also present opportunities for access management. Mr. Clark discussed what the proposed project plan, no matter which was selected, would and would not accomplish. He said the project would improve the following issues: safety; mobility; and traffic operations (address congestion). The project would not, however, reduce traffic volumes and solve all traffic problems along SP1D and its arterials. Mr. Clark d~scussed the available funding for the proposed project. He said $5.5 million (80 percent federal/20 percent state) was avadable in 2006 for the first phase of the project, designated through the MPO. The MPO also identified the project m its Transportation Improvement Plan as a Category 2 project. Mr_ Clark covered aspects of the project schedule. Due to the magnitude of the project, he said TxDOT was recommending a phased approach The $5.5 million currently available would be used to begin a section on the north side of SP1D in 2006 or 2007. The next project phase could begin in about 2008 or 2009, but the cost, phasing, and timing of the project would depend on the option selected for the Staples Street to Airline Road portion. Mr. Clark briefly discussed a number of possible construction approaches as follows: night construction; contract incentives/disincentives; talcing one section at a time; minimizing the number of ramps closed at one time; and other ways to ease disruption and maintain business and public access. Mr. Clark stated the proposed project could facilitate a future project to add capacity to SPID by adding one center lane, but noted the city would need to consider making it a managed lane with a toil to fund lt. In addition, he said the city must plan for additional capacity at other locations, possibly by creating a South Loop to take the pressure off of SP1D. In conclusion, Mr. Clark reported on a number of scheduled briefings with local officials between April 25 and May 5. He also announced an Open House for business and property owners would be held on Wednesday, May 11, fi.om 8:00 a.m. to 6:00 p.m. at the Embassy Suites, 4337 SPID. Another Open House for the public would be held on Tuesday, May 24 fxom 4:30 p.m. to 6:00 p.m., followed by a meeting and presentation at 6:00 p.m., also at the Embassy Suites. Following the public and official input period, Mr. Clark said TxDOT would consider the input and develop a recommended plan. In late summer or fall, he said TxDOT would return to brief the Council on the results, and present the proposal to the public. At that time, they would ask for additional comments and support. Mayor Garrett emphasized that TxDOT should make a concerted effort to speak with local business owners about their proposed plans since they involve right-of-way issues. Mr. Noyola echoed Mayor Garrett's sentiments. He asked the media to publicize the proposed plans to inform the public about the issues. Mr. Noyola also asked for more information Minutes - Regular Council Meeting April 26, 2005 - Page 17 on the toll road Mr. Clark had mentioned. Mr. Clark replied the toll road revenues would be used to leverage tax dollars to deliver new infrastructure and to maintain the toll road. Assistant City Manager Massey emphasized that toll roads were not being discussed as part of the current project plans. Mr. Marez expressed concern about the use of toll roads. He asked ifa future South Loop comdor would be a toll road. Mr. Clark answered affirmatively. Mr. Kirmison spoke in support of the proposed project, saying it was tremendously needed. He hoped to receive input from the public as well as from businesses because they would also benefit from the project. Mr. Reagan Brown with the Peterson Development Company, representing the Gulfway Shopping Cemer, stated he preferred Option A over all the other options because it involved less right-of-way issues. Mr. Bill Brown, 5830 McArdle, suggested decreasing the speed limit between Staples Street and Airline Road as an alternative to the ramp reversal plan because of right-of-way concerns. Mayor Garrett called for petitions from the audience. There were no comments. Mayor Garrett asked for a brief recess to present proclamations. The Council returned from recess, and Mayor Ga.rrett called for the City Manager's report. City Manager Noe reported city staff would be presenting its re-er~gineering program at the International City Managers Association (ICMA) Best Practices Conference in Austin this Thursday. The Buc Days Parade would be held this Saturday at 8:00 p.m., noting that the city was once again prohibiting camping along the parade route until 7:00 a.m. on Thursday morning to curb littering. In addition, the city was partnering with the Beautify Corpus Christi Association and BFI to provide trash bags and txash cans respectively to parade attendees. Finally, he announced that the City Council Retreat would be held on May 2 at the American Bank Center, and staffwould be providing an agenda this Friday. Mayor Garrett reported a constituent on 7326 Sun Valley was complaining that city garbage trucks were tearing up the pavement in front of his home He asked Mr. Noe to look into the matter. Mayor Garrett called for Council concerns and reports. Ms. Cooper asked when the next Wi.Fi update was scheduled. Mr. Noe replied the next WiFi update was scheduled in June. She asked Mr. Noe to provide her a status report. Ms. Cooper announced the next town hall meeting would be held on Monday, May 9, at 6:00 p.m. at Yeager Elementary School in Council Member Noyola's district. Minutes - Regular Council Meeting April 26, 2005 - Page 18 Mr. Marez reported a citizens group had complained about several code enforcement and public safety issues in the Corpus Christi Beach area. City Manager Noe replied he would schedule a meeting between the citizens group and the Directed Patrol Officers to discuss their issues. Mr. Garcia reported problems with w/Id deer along Flour Bluff Drive, Caribbean Slxeet, and North Shore Road. He asked Mr. Noe to look into posting signage warning the public about the deer. Mr. Noyola asked for an update on the firefighters contract negotiations. Mr. Noe replied staff was scheduling a closed session item for the Council soon. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:40 p.m. on April 26, 2005. Revised 04-27-2005 FY2005 CDBG Allocation Reprogrammed Funds Cl'rY OF CORPUS CHRISTI FY2005 ANNUAL ACTION PLAN APPROVED FY2005 CDBG PROGRAM Program Income from Rehabilitation Program Demolition Mens Program Income TOTAL FUNDS AVAILABLE FOR FY2005 CDBG PROGRAM Attachment A $3,882,133 $708,081 $800,000 $24,245 $5,414,459 Business Resources Center The City of Corpus Christi is requesting funds to contract with Del Mar College from March 2006 to March 2007 to continue the enhanced "Business Resource Center". This contract includes funding [or o~ce space for four business related organizations; salaries for a full-time outreach coordinator, a full-lime Microloan Program Administrator, a part time industry expert, and a part time Administrative assistant; provide a plan room for reviewing, researching and accessing government contracts; provide Accountlog and Legal assistance; coordinate these services with the Small Business Development Center; and provide for related expenses to training, travel and outreach activities. CDBG Program Administration This project will fund staff salades and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public hearings/meetings, reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon federal wage rate requirements. Clearance of Vacant Properties Program The activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, junk accumulation and other unsightly objectionable or unsanitary matter. The properties will be bid out to contractor to clear properties. Liens will be place against the properties to cover the cost Incurred. Code Enforcement Program This project will fund salaries and benefits for (4) Code Enforcement Inspectors, (1) Project Coordinator and (1/2) Support Clerk. The Inspectors/Project Coordinator are responsible for Inspecting within the CDBG Target area for violation of City code and health ordinances. Inspections are conducted on particular violations. The Inspectors/Project Coordinator will also implement a comprehensive approach to coordination of multi-deparl~nental teams of city services and programs to address specific needs of each neighborhood. Comprehensive Planning Assistance Continuation of Comprehensive Planning Activities including but not limited to: data collection, population projections, land use surveys, comments on zoning, platting and other activities designed to update comprehensive plan elements or implement adopted plans. Demolition Program The removal of unsafe structures is a priohty in neighborhood revitalization in the community. The Code Enforcement stall identifies structures that are unoccupied, open and dilapidated. A total of $2,100 will be expended for the processing of the unsafe structures and a total ol $224,385.00 will be expended in the board up and/or demolition ol= unsafe structures. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 are provided to homeowners who are 65 years old or older or disabled and very Iow income. A maiodty of the repairs are for roofing, plumbing, electrical, heating and minor structural. It is anticipated that emergency repairs will be performed on 135-140 units. 10 11 12 13 14 15 $100,000 $537,000 $200,000 $241,000 $78,000 $224,245 $750,000 Garcia Arts Education Center - Area Street Improvements Phase I & 2 The Garcia Arts Educa~on Improvements define the following streets in this project as: 17th Street - Agnes Street to Marguerite Street; 18th Street - Agnes Street to Mary Street; Marguerite Street - 17th Street to 18th Street; The project includes ADA requirements, curb and gutter and sidewalks and the utility work along 17th Street, 18th and Marguerite Streets which includes wastewater and storm water. 18 $156,000 Greenwood Branch Libra~ Replace carpeting in public area of library of approximately 13,000 square feet. Greenwood Pool Facility Expansion Expand existing pool building to provide space to expand programs for the pool and to improve safety. Construction will match existing building design. Mortgage Services The funds being requested are for the operations of mortgage services which include the salades of one staff person which handles the servicing of all loans provided through the Single Family Rehabilitation Loan Program. This year's budget includes adding a staff assistant position to assist the current individual handling mortgage collections. Phase 2 Improvements to the West Oso lSD Tennis Courts Project includes adding new net posts, nets and fencing, rehabilitate courts and add backboard and lighting. The improvements will allow the use of the courts in the evening by both the school tennis program as well as the area neighborhood Rehabilitation Services The funds being requested are to pay the salades of staff that provide support services for the Rehabilitation Loan Program, Emergency Home Repair Grant Program, Homebuyer Programs, Mortgage Counseling, Homebuyer Classes and Rental Rehabilitation Loan Program. These programs are designed to assist Iow and very Iow income households. Services include loan processing; developing specifications and plans; monitodng of construction projects through inspections; processing of homebuyer applicants; conducting inspections; and conducting homebuyer classes. Renewal Community The City of Corpus Chdsti Economic Development o~fice is requesting CDBG funds to initiate outreach and marketing activities in the Expanded Renewal Community and continue outreach activities in the odginal Renewal community. 20 $35.000 21 $77,500 27 $49,250 30 $80,000 31 $607,895 32 $20,000 Residential Traffic Management Program This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request is to allocate CDBG flJnds to bear the residents share of installation costs in qualified CDBG eligible tracts. Single Family Rehabllltefion Loan Program Provides for a zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 5-10 units will be rehabilitated and 15-20 units will be reconstructed These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Southmoreland Addition Area Street Improvements 3B and 4B This project consists of construction of 28 FL B-B street pavement, curb, gu~ter, sidewalk, ADA requirements, driveways, underground drainage and ~ilities for Phase 3B and 4B. Phase 3B consists of Lewis-Clemmer to Watson, Naples Street-Richard to Watson and Watson-Ayers to Naples. Phase 4B consists of the following streets: Norton-Ayers to Naples, Fannin-Ayers to dead end, Lev, es-Watson to Fannin, and Naples-Watson to Norton. 33 $12,000 34 $1,130,000 36 $423,000 T.C. Ayers Recreation Center Improvements Remove and replace existing damaged resilient tile floodng throughout the center. This improvement requires an asbestos survey and abatement of asbestos containing building materials. 38 $25,000 AVANCE, Inc. Consti'uction of a new building, Avance Parent-Child Education Learning Center, educational learning center for very Iow income persons/children and families, b~ining community meetings, office 39 $100,000 comprehensive source of services, support and learning opportunity resulting in community inclusion and family self-sufficiency Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Chadie'e Place. Charlie's Place requests a grant to help under~e the cost of the removal and replacement of the carpeting Jn six buildings in which Charlie's Place provides substance abuse treatment to homeless clients. The existing carpeting has simply been worn out ~TOm normal wear and tear. The carpet now presents a healt~ and safety concern in that it can no longer be properly cJeaned and is a tripping hazard to clients and staff. 57 $38,736 Corpus Christi Meb'o Ministries Expand and renovate the intedor and exterior walls to include painting, renovate security fencing, rehabilitate intedor director's office and install fencing and gates. Corpue Christ Police A~hletic League This project is for the development of Ben Gar-za Park to include three baseball fields including backstops, fencing, bleachers, and ligh§ng; a concession Pacility with res[rooms, press boxes, public address system, security systems and storage; a playground area; walking exercise trail with lights, and off street parking facilities. 97 $100,838 132 $75,000 Mary McLeod Bethune Day Nursery, Inc. The project proposes to make improvements to building "A" by removing metal roof, gutters and downspouts, s~uccoing the building, installing insulation under the stucco and removing and installing 12 extedor doors renovating all [encing and gates. 161 $25,OOO Neighborhood Centers of Corpus Christi Recenstruddon of a new child care center adjacent to the existing facility in order to comply with the Garcia Arts Education Center Area Street improvements and the Master Plan to improve the area. 174 $110,000 Nuece~ Coun['y Commun~t~ AcUon Agency To weathedze homes occupied by families of Iow income in target areas. Tlmon's Mlniet~ee Add a temporary building to the cun'ent property to house clothes closet and one classroom for computer training, free up office space for use by Legal Aid and other agencies that help clients. 198 $80,000 Universal I._i['tJe League Add small storage building for equipment, pave parking area, provide ADA accessibility for bleachers at three fields, upgrade to an electronic scoreboard, add a pass through serving window with cover and additional field enhancement. 227 $25,000 Wesley Community Center This request is for funds to assist with the purchase of Lhe facility where program services are provided daily for quality child care and other essential services to persons in need with an emphasis on programs for homeless children and abused and neglected children. 237 $100,000 214 $13,995 APPROVED FY2005 ESG PROGRAM FY200$ Allocation $150,150 911 Park Place, dba Mission 911 Paymenl for the provision ct Essential Services including services concerned with employment, physic, al health and education for the homeless. Provision ct Homeless Prevention including short-term subsidies, security deposits or 1st 1 $9,575 month's rent, mediation programs, legal services and payments [o prevent foreclosure on a home. Maintenance and Operation including rent, insurance, u[Jlites and furnishings. Catholic Chadtiea Payment for the provision ct Homeless Prevention including short-term subsidies, security deposrts or 1st month's rent, mediation programs, legal services and payments ~o prevent foreclosure on a home 21 $13,000 Coastal Bend Alcohol & Drug RehabililatJon Center d.b.a. ChaHie's Place Payment for the provision ct Essential Services including services concerned with employmenL physical health and education for [he homeless. Payment [or the provision ct Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediaLion programs, legal services and payments to prevent foreclosure on a home. Payment ct maintenance and opera[ion including rent, insurance, utilities and furnishings. 41 $9,575 Corpus Christi Hope House Payment [or the provision ct Essential Services including services concerned wi~n employment, physical health and educabon for [he homeless. Payment ct maintenance, operahons including rent, insurance, utlit~es and furnishings. 55 $13,000 Corpus Chriefi Meb'o Minlstrlss Payment [or the provision of Essential Services includin9 services concerned with employmenL physic, al health and education for [he homeless Provision of Homeless Prevent}on including short-tsrm subsidies, secodty deposits or 1st month's rent, medieton programs, legal services and payment [o prevent foreclosure on a home Payment ct maintenance, operatons including rent, insurance, utilities and furnishing Mary McLeod Bethune Day Nursery, Inc. Payment for the provision of Essential Services including services concerned with employment, physical health and education for the homeless, Payment of maintenance, oporatons including rent, insurance, utilities and furnishings. 89 ~43,000 114 $13,000 The ARK Assessment Center Payment [or the provision of Eseentiai Services including services concerned with employment, physic, al health and education of the homeless Payment ct maintenance, operaiiens, including rent, insurance, uhlities and furnishings. 127 $13,000 The Salvation Army Payment for the provision of Essential Services including services concerned with employment, physical health and education for the homeless Payment of maintenance, operations including rent, insurance, utilities and furnishings. Tlmon's Ministries Payment of maintenance, operations inc~uaing rent, ~nsurance, utilities and furnishings 152 $13,000 170 $3,000 The Women's Shelter of South Texas Payment [or the prowsion ct Essential Services including services concerned with employment, physical health and education for the homeless. Payment for the provision of Homeless Prevention including short-tsrm subsidies, security deposits or 1st month's rent, media/ion programs, legal services and payment to prevent foreclosure on a home, Payment ct maintenance, operations including rent, insurance, utilities and furnishings. 183 $20,000 APPROVED FY2005 HOME PROGRAM FY2005 HOME Allocation Reprogammed Funds Program Income American Dream Downpayment Initiative (ADDI) TOTAL FUNDS AVAILABLE FOR FY2005 HOME PROGRAM $1,T72,241 $301,225 $300,000 $51,243 $2,424,709 'ADMINIS'~ ~I(~'I'EC'H'NI'CAL ',~S~I'STA~'CE Administrative ;unds for staffing, planning, oversighL coordination, s~ah< supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Technical 1 $177,224 assistance will be provided to enhance the c. apacibj of CHDO's, nonprofits, owners~nveslors of rental properb/and other organizations that may participate in the program. May include administrative funds i'or direct operaang support for the CHDO's. CDC NEW CONSTRUCTION Construction ol~ new single family \ Multi - housing units. The units must remain affordable for a minimum 0[20 years. These funds will be used by the CDC. A deferred forgivable loan, not to exceed 2 $300.000 $20,000, payable after the 1st mortgage is paid, will be provided Io Iow income home buyers for the purchase of a home. The amount of the deferred lean w]il be based on HUD income limits. HOMEBUYER ASSISTANCE PROGRAM A deferred, I'orgivable loan not to exceed $5,000 will be provided to Iow income, homebuyers for lhe 3 $237.844 purpose of meeting down payment and closing cosls expenses, HOMEBUYER ASSISTANCE PROGRAM (ADDI) A deferred, forgivable loan not to exceed $5,000 will be provided to Iow income, i~rst-time homebuyers 4 $51,243 only for the purpose o[ meeting down payment and closing cosl expenses, MINOR REHABILITATION GRANT PROGRAM Minor rehabililation of units with more than $1,000 bu~ less than $6.500. Grants will be provided to 5 $100,000 homeowT~ers who are 65 years and older and/or persons with disabilities. MAJOR REHABILITATION LOAN PROGRAM Loans ol~ 0% to 3% ~3r qualified income fatuities with up to a 20 year term. Reconstruction of owner- cccupied units unsuitable tot rehabilitation and to provide i~or the reconstruction o1' new suitable units. 6 $100,000 Relocation grants will be provided for temporary relocation and a grant to provide funds to demolish and construct the replacoment unit. ACCESSIBLE COMMUNITIES INC. The HOME Choice Rental Project will provide tenant-based rental assistance housing vouchers to ten individuals/families with disabilities and provide an accessibility allowance up lo $2,500 per unit i~or 7 $125~500 minor rehabilitation. COSTA TARRAGONA I1.. LTD. Costa Tarragona II project is proposing to construct 250 multifamily apartment units to be built on a 12.62 acres, Proposed funding request is for construction cost. The Villas at Costa Tarragona II will 37 $400,000 be a comprehensive neighberhoed revitalization project Iocaled on the no~heast comer of a vacant lot ~oceted between Interstate Highway 358 and McBdde lane in Corpus Christi, Texas. EL PARAISO APARTMENTS This 39-unit project for senior citizens entails the construction of two gazebos, install secudt~ fence, 80 $132,898 resurface drive ways and rehabilitate sidewalks to the facility FORMERLY LIGHTHOUSE FOR THE BLIND FACILITY PURCHASE This proposal would involve the purchase of the facility to include lhe land and building located at 1907 101 $150,000 Leopard St., formedy Lighthouse for the Blind. The intended use of the facility is to build a 50 permanent Iow-income housing development for homeless individuals. THE LATINO EDUCATION PROJECT Request I'unds to rehabilitate homes owned by Iow income Hispanic seniors residing in Corpus Chds[~. 14~ $100,000 NUECES COUNTY COMMUNITY ACTION AGENCY - CHDO NCCAA proposes to utilize the funds to assist 27 families failing at or below 80% of the Area Family Median Income in buying down the pdce of a new home through NCCAA's down payment and dosing 168 $250,000 costs program. This proposal will fund Phase II of the 99 lot subdivision project currently underway. TG 110-NORTHSIDE MANOR - CHDO This proposal calls for the apartments to be rebuilt on a city owned site approximately b. vo blocks away from the exist[hg site of the North Side manor. This would provide new units for the residenls to move into once the apartments were constructed on the new site. HUD requires [hat [he property is inspected each year to determine that [he property meets housing quality standards and to continue with Section 8 contract The property has failed its HUD inspections and if the property does not improve it will be foreclosed by HUD and demolished. 261 $300.000 2 ANIMAL CONTROL ADVISORY COMMIT'tEE - Two (2) vacancies with three-year terms to 5-31-08 representing the following categories: 1 - Community at Large and 1 - Animal Welfare/Shelter_ DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members_ Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City-County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex-officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City-County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Susan Thiem (Comm at Large), Chah- *Kendal L. Keyes (Comm at Large), Vice Chair Sharon Massad (Animal Welfare) Z. Paul Reynolds (Comm at Large) Dr. John Buckley (Comm. at Large) Dr. William Watson (Veterinarian) VACANT (Animal Welfare/shelter) City Manager or Representative Annette Rodrignez, Acting Dir. of Public Health Chen-ie Stunz, Supervisor, Animal Control ORIGINAL TERMS APPTD. DATES 5-31-06 6-13-00 5-31-05 2-11-03 5-31-06 5-13-03 5-31-07 5-11-04 5-31-07 5-11-04 5-31-07 5-11-04 5-31-05 5-21-02 Ex-Officio, Nonvoting Ex-Officio, Nonvoting Ex-Officio, Nonvoting *Seeking reappointment (Note: The Animal Controi Advisory Committee is recommending the reappotntment of Kendai L. Keyes (Community at Large) and the new appointment of Pamela Rhyner (Animal IVelfare/$helter.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NA/VlE Kendal L. Keyes (Comm.) NO. OF MTGS. NO. THIS TERM PRESENT 8 7 % OF ATTENDANCE LAST TERM YEAR 88% OTHER INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sr. Distribution/Logistics Team Leader, E.I_ Dupont. Received B.A. and currently pursuing M.B.A. fi.om Texas A & M University - Corpus Christi. Has received nttmerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. (Coramuntty at Large) (2-21-05) Barbara E. Beynon Environmental Investigator, Texas Commission on Environmental Quality. Received B.A. and M.S. in Geology fi.om Texas A & M University - Kingsville. Member of the C.C. Kennel Club and an AKC approved Conformation judge. (Animal Welfare organization) (2- 20-05) Rodney Buckwalter Manager, Training & Quality, First Data Corporation_ Received A.A_ fi.om Del Mar College, B.A. and M.S. fi.om Texas A & M University - Corpus Ch.dsti. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America_ (Community at Large) (7-21-04) Cheryl Quinones Owner, The Pet Nanny. Received an Associates in Sociology. Volunteem for the Lost Pet Hotline and CCARE. (Animal Welfare organization) (2-28-05) Carolyn Moon Teacher, Corpus Christi Independent School District. Received M.A. in Commumcatious and Special education. Active member of the League of Women Voters and the Texas Democratic Women_ (Community at Large) (4-29- OS) Pamela Rhyner Retired, United States Army. Recipient of a Master's degree. Activities include: Texas Master Gardener, Texas Master Nationalist, Whippet Rescue and Placement and IGCA Rescue_ Active member of two breed specific dog rescue groups on local and national levels. (Animal Welfare/Shelter) (2-25-05) James D. Robbius Retired, United States Army & Civil Service Air Traffic. Received a degree in Business Management and Certificate of Ministry. Activities include: Mayor's Committee on Veteran Affairs and formerly on Food Service Advisory Committee. Received the Eagle Scout Award and several military awards. (Community at Large) (2-19-05) William R. Schroeder Owner, Corpest Service Company. President of the Coastal Bend Pest Control Association and member of the Food Service Advisory Committee. (Community at Large) (2- 23-05) Dr. Nina Sisley Judith Ann Sisson Gregory Glen Spivey Retired, Public Health Administrator. Received B.A. fi'om Texas Women's University, M.D. from the University of Texas at Galveston and Ph.D. fi.om the University of Michigan. Activities include: Board of Directors for Charlie's Place, Coastal Bend Asthma Initiative, Nueces County Medical Society. (Community at Large) (3-02-05) Owner, Laguna Shores Pet Salon. Received a B.S_ in Pharmacy. Founded the Coastal Bend Small Breed Rescue. Activities include: former volunteer of Lost Pet Hotline, member of Petflnder and speaks to schools and church groups. Received the Jefferson Award_ (Animal Welfare/Shelter)(2-19- 05) Attorney/Owner, Spivey Law Firm. Received B.A. fi'om Texas A & M University- ICdngsville and J.D. fi'om Texas Tech University School of Law. Activities include: ABA, CCPA, member of Board of Barrister, TYLA and TATL. (Community at Large) (5-05-05) ARTS AND CULTURAL COMMISSION - Two (2) vacancies with terms to 9-01-05 and 9-01-06 representing the category of Economic Development. (Mayoral appointment subject to confirmation by Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities'and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three-year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non-lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS TERM Deborah Fullerton (Visual Art), Chair 9-01-07 Linda Avila (Texas A&M-CC), Vice-Chair 9-01-06 Chuck Anastos (Architecture) 9-01-05 Armando Camina (Public Art / Public Space) 9-01-05 Elia Gutierrez (Civic Leader) 9-01-07 Ed Grove (Marketing) 9-01-06 Chad Luhan (Business Development) 9-01-06 Gloria T. Bilaye-Benibo (Dance) 9-01-07 Judith Prewitt, Ph.D. (Education/Youth) 9-01-07 ****Daniel Garza (Economic Dev./Tourism) 9-01-05 DeAnn Gould-Lancaster (Public Arff Public Space) 9-01-06 Anne Stewart (Del Mar College) 9-01-05 Lynda A.J. Jones (Education/Youth) 9-01-06 J. Don Luna (Drama) 9-01-07 ***Marilyn Spencer (Economic Dev./Tourism) 9-01-06 Dr. James A. Rennier (Music) 9-01-07 Daiquiri Richard (Marketing) 9-01-06 ORIGINAL APPTD. DATE 8-24-99 2-22-00 12-12-00 10-08-02 2-22-00 8-24-04 8-24-04 12-14-04 8-24-04 8-24-04 11-11-03 11-13-01 6-17-03 6-17-03 11-11-03 12-14-04 10-08-02 ***Resigned ****Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Jessica Davila-Bamett Director of Volunteer Services, Driscoll Children's Hospital. Received B.A. in Organization Development. Active volunteer in community and Leadership Corpus Christi Class 33_ Received the Jefferson Award, Latina Magazines - Top 10 Inspiring Women and Texas Senate Proclamation. (Economic Development/Tourism) (4-19- os) Rebecca Esparza Self-employed, Public Relations Consultant. Received A.A. fi.om Del Mar College and B.A_ and M.A. from the University of Incarnate Word. Has help promote and publicize the City for the Creative Art Center and the Convention and Visitors Bureau (Economic Development/Tourism) (7-06-04) Thomas C. Galyon President/CEO, Corpus Christi Convention and Visitors Bureau. Received B.A. from Emory and Henry College. Activities include: Board of Governors for the Art Center and Advisory Board for the Botanical Gardens. (Economic Development/Tourism) (1-07-05) Guadalupe "Albert" Garcia Retired, Corn Products. Attended Del Mar College. Local musician and founding member and board member of the Texas Jazz Festival. (Economic Developmentffourixm) (2-23-05) Randall L. Meredith Attorney, Meredith Law Office. Received B.A and M.B.A. fi'om Texas State Unive~ity and J.D. from St. Mary's University School of Law. Dedicated to family and community. (Economic Development/Tourism) (3-18-05) Coeta Montgomery Director, University of Incarnate Word_ Received B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Chamber of Commerce, Rotary Club, and the C.C. Human Resource Management Association. (Economic Developmenff ourismO (2-23-05) Laura Spear Smith Realtor, Coldwell Banker Pacesetter Steel. Received B.A. from University of Texas at Austin. Activities include: Board member for Planned Parenthood, Executive Board member for the National Conference for Community and Justice, and fundraising efforts for the Women's Shelter and Driscoll Children's Hospital. (Economic Development/Tourism) (3-14-05) COASTAL BEND COUNCIL OF GOVERNMENTS - Nine (9) vacancies with two-year terms to 4- 30-07, at least four (4) being elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two-years (but t~mas shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS Council Member Bill Kelly *Council Member Javier Colmenero Council Member Hem-y Garrett Council Member Mark Scott George K. Noe, City Manager Ed Garagia, Water Superintendent ClifMoss Ron Massey, Assistant City Manager Margie Rose, Assistant City Manager TERM 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 4-30-05 *No longer in office ALTERNATES Armando Chapa, City Secretary Tom Utter, Special Assistant to the City Manager Oscar Martinez, Assistant City Manager Yvorme Haag, Assistant to the City Manager J.J. Artame, Fire Chief Angel Escobar, Dixector of Engineering Ogilvie Gericke, Director of MIS ETHICS COMMISSION - Two (2) vacancies with t~m~ to 10-01-06 and 10-01-07. (Requires 2/3 vote of the full council) DUTIES: In addition to having jurisdiction of complaints involving any "city official", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign conla-ibutions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two-thh-ds vote of the full council. Nominations are to be solicited fi.om a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the tcnus of three members shall be one year, and the initial terms of another three t~ms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. ORIGI/~IAL MEMBERS TERM APPTD. DATE VACANT 10-01-06 Harlan Heitkamp 10-01-06 11-11-03 Rev. Derrick Reaves 10-01-05 10-12-99 Fred Haley 10-01-05 11-14-00 T~ny H. Carter 10-01-07 12-14-04 Joe Guzman 10-01-06 10-14-03 Rick Marcantonio 10-01-07 12-14-04 *****Robert N. Corrigan. 10-01-07 10-14-03 James Richard Cramer 10-01-05 10-14-03 *****Failed to submit etkfics report in a timely manner (Mr. Corrigan has submitted his ethics report and is requesting reinstatemena) INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sr. Disa-ibution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing MB.A. from Texas A & M University - Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. (2-21-05) James Chrobocinski Linda Figueroa Jack Gordy Laura L. Herbert Randall L. Meredith John B. Smith Elizabeth Tinney Wilson Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Junior High and multiple committees at C.C. Medical Center. (I0-2&04) Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended Texas A & I University and the University of Houston. Activities include: Vice President o£the Texas Democratic Women and board member for RIDC. (9-30-04) Retired military. High school graduate plus one year at Del Mar College. (8-19-04) Insurance Advisor, GSM/Arvak. Activities include: Better Business Bureau, Delta Gamma, and Past President and Current Board member of CBAHU_ (2-21-05) Attorney, Meredith Law Office. Received B.A. and M.B.A. fi.om Texas State University and J.D. fi.om St_ Mary's University School of Law. Dedicated to family and community. (3-18-05) Lead Pastor, First Family Church. Received B.S. firom Liberty University and pursuing M_A. Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) Director of Trffming and Development, United Way. Texas A & M University. Current activities include: President of Association of Fundmising Professionals - Coastal Bend Chapter, Executive Women International, American Red Cross, Harbor Lights, Corpus Christi Hispanic Chamber of Commerce and the Corpus Christi Chamber of Commerce. (12-08-04) INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE -One (1) vacancy with tmn to 8-19-05. (Note: Since term expires on 8-19-05, it is recommended that the new appointment be reappointed to a two-year term to 8-19-07.) DUTIES: Assisting and aflvising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueees County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso-Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calallen ISD, and one by the Board of the Flour Bluff lSD. MEMBERS VACANT (City) Jean Newberry (City) Dr. Judith Sutherland (City) Abby Saenz (County), Vice Chair Aaron Bonds (County) Michael Chavez (County) Deha Berlanga (CCISD) Dana Fernandez (CCISD) John Johnson (Calallen), Chair Mike Trudeau (Flour Bluff) Dora Sifuentes (West Oso) Anna Peterson (Tuloso-Midway) Sylvia Benavides (Robstown) ORIGINAL TERM APPTD. DATE 8-19-05 7-13-04 8-19-05 8-05-86 8-19-05 7-13-04 INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sr. Distribution/Logistics Team Leader, E.I. Dupont_ Received B.A. and currently pursuing M.B.A. fi.om Texas A & M University - Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. (2-21-05) Rodney Buckwalter Manager, Training & Quality, Fi~t Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. fi.om Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee - Rod Carpenter Jesus S- Molina John B. Smith Miles D. Toren Del Mar College, American Society for Training and Development. Patriot's Band and Honor Guard of America. (5-03-05) Pastor, Solid Rock U.P.C. Member of the Corpus Christi Partnership Council and received the Governor's Volunteer Award. (5-05-05) Counselor Intem, Shoreline Inc. Received B.A. fi-om Southwest Texas State University and currently working towards a Master's degree in Counseling at Texas A & M University - Corpus Christi. (4-26-05) Lead Pastor, First Family Church. Received B.S. fi-om Liberty University and pursuing M A_ Activities include: Leadership Corpus Christi, World Affa'trs Cotmcil of South Texas, and Rotary Club. (4-14-05) Assistant Ckief Probation Officer, Nueces County Juvenile Department. Received Master's degree in Sociology and Gerontology. Received the Employee of the Year award for 1996. (2-19-05) f. PARK AND RECREATION ADVISORY COMMIT[lEE - One (1) vacancy with term to 8-23-06. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two-year term begirming August 23, or until their successor is appmnted. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Sandra Billish, Chairperson 8-23-06 9-14-99 Rome Gregorin, Vice-Chairperson 8-23-06 8-22-00 Davie Cissna 8-23-06 8-20-02 Anne Baker 8-23-05 9-14-99 Dorrinda Ga~za 8-23-06 8-20-02 Marl Whitworth 8-23 -05 1 - 18-05 Jamie Pyle 8-23-05 1-18-05 Hunter Young 8-23-05 5-18-04 Carl Suding 8-23-05 8-17-04 ****C.L McKinney 8-23-06 8-17-04 Gregory T_ Perkes 8-23-05 4-22-03 ****Has exceeded the number of absences allowed by ordinance (Note: The Parl~ and Recreatton Advisory Committee is recommending the appointment of Buddy Sparks,) INDIVIDUALS EXPRESSING INTEREST Rodney Buckwalter Manager, Training & Quality, First Data Corporation_ Received A.A. fi.om Del Mar College, B_A. and M.S. fi.om Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (7-21-04) Teresa Cardllo Executive Director, Coastal Bend Bays Foundation. Received B.S. in Marine Science Emphasis and M.S. in Estuafine Ecology. Activities include: Flint Hills Community Council, Beautify Corpus Christi, Earth Day Bay Day Committee and Environmental Representive for the Coastal Bend Regional Water Planning Group. 0-18- 05) James Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Junior High and multiple committees at C.C. Medical Center. (10-28-04) Linda Figueroa Office Manager/Paralegal, Ysassi & Ysassi, P.C- Attended Texas A & I Uifiversity and the University of Houston. Activities include: Vice President of the Texas Democratic Women and board member for RIDC. (9-30-04) Guadalupe "Albert" Garcia Retired, Corn Products. Attended Del Mar College. Local musician and founding member and board member of the Texas Jazz Festival. (2-23-05) Rene R_ Gutierrez Juvenile Probation Officer, Nueces County Juvenile Probation Depa,tment. Received A.A., B_S. in Criminal Justice and M.A. in Public Administration Management. Activities include: Leadership Corpus Christi XXXIII, Mentor, and Youth Continuation Care Coalition. (4-15-05) Judy E. McNamera Administrator, Caring Senior Service. Received B.S. fi:om Texas A & M University - Kingsville. Activities include: member of the STSWS and TRACM. (4-08-05) Buddy Sparks Retired, Hospital Administrator. Received B_S. fi:om George Washington University and M.A. fi:om So. Illinois University. Activities include: Board Member of the Friends of the Park Committee and Chairman of the Nueees County Appraisal Review Committee. (7-15-04) SISTER CITY COMMITYEE - Two (2) vacancies with t~mss to 9-05 and 9-07. (Note: Since terms expire on 9-05, it is recommended that the new appointment be reappointed to a three-year term to 9- 08.) DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the cornmumty. The members shall be appointed by the City Council and shall serve three-year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subeommittee shall be appointed by the Steering Committee plus members fi-om the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the com_mittee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with See. 2-152. The Chairman and each vice-chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice-chairman shall be elected fi-om the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Randy Farrar, Chairman 9-07 6-11-02 Venecia Kelly 9-07 9-14-04 Yalee Shih 9-05 10-21-97 ***Rebecca A.E_ Hawn 9-07 6-15-04 Mufid A. Abudiab 9-05 10-10-00 Ellen Murry 9-05 4-16-02 * **Omar Garcia 9-05 2-15 -05 Heather Stanton Moretzsohn 9-07 9-14-04 Regis Barber 9-07 12-10-02 Westi Horn 9-07 6-15-04 Ann Jaime 9-05 6-13-00 Joseph Alley 9-07 9-14-04 Hsiu "Miady" Chang 9-07 10-14-03 Vicld Garza 9-07 9-14-04 Sonia Quadros Heil 9-05 9-1 4-04 Judy Benkendorfer 9-06 10-10-00 Fhcka R ahn 9-06 6-15 -04 Elizabeth R. Iglesias 9-06 4-22-03 John Rocha 9-06 9-23-03 Dr. Ridge Hammons 9-06 2-15-05 Sharon L. Phillips 9-06 9-09-02 ***Resigned (Note: The Sister City Committee is recommending the new appointments of Cecilia Hanna and Adrian Desmond Dansby.) INDIVIDUALS EXPRESSING INTEREST Rodney Buck-walter Manager, Training & Quality, First Data Corporation. Received A.A. fi.om Del Mar College, B.A. and M.S. fi.om Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America_ (7-21-04) James Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Jumor High and multiple committees at C.C. Medical Center. (10-28-04) Evy Coppola Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Bamos Association and Yoga Alhance. (4-21- O5) Andrew A. Daehne Tutor for Academics for private families. Activities include: St. Pius X Alter Server and former exchange student in Agen, France. (3-08-05) Adrian Desmond Dansby Teacher/P.T. Assistant Principal. Received A.A_ from Del Mar College and B.A. and M.A. from Corpus Christi State University. Formerly served on Human Relations Commission and Sister City Committee. Inducted to the Del Mar College Hall of Fame 1982. (2-23-05) Vincent E. Doyle Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving cornrnunity. (2-22-05) Kenneth Faseler Substitute Teacher and Adjunct Instructor, Corpus Christi Independent School District/Del Mar College. Instructor of Portuguese and Brazilian Culture and local musician. (8- 13-04) Linda Figueroa Office Manager/Paralegal, Ysassi & Ysaasi, P.C. Attended Texas A & I University and the University of Houston. Activities include: Vice President of the Texas Democratic Women and board member for RIDC. (9-30-04) Kenneth W. Graves Cecilia Hanna Dom L. Hidalgo Coeta Montgomery John J. Nelson, Jr_ Jodie Polston John B. Smith Leading Chief Petty Officer, United States Navy. Received B.S. from George Washington University and M.A. from Webster University. Active member of the America College of Health Care Executives. Previously Stated in Yokosuka, Japan and familiar with Japanese customs_ (4- 28-03) Part Time Assistant Principal/Teacher, Corpus Christi Independent School District_ Reeive B.A. and M.A_ from Louisiana Tech University. Activities include: American Federation of Teachers, Founder of Planet Tiger - International Action Club, and World Affairs Council of South Texas. (4-20-05) Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. Received the Hispanic Women's Network Las Estrellas Award. (9-28-04) Director, University of Incarnate Word. Received B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Corpus Christi Chamber of Commerce, Rotary Club, and the C.C. Human Resource Management Association. (Economic DeveiopraenO (2-23-05) Teacher of Word Geography/GIS, Corpus Christi Independent School District. Received B.A. in History - Political Science and Education certification. Currently pursuing M.S. in Educational Technology/ASS-GIS_ Activities include: Bay Jammin Concert and Cinema and the Special Olympics. Received the Bulldg & Arrowhead Award and nominated for the Jefferson Award. (1-11-05) Assistant Vice President. Frost Bank. Received A.A. from Del Mar College. Activities include: C.C. Executive Club, Kiwanis Club - Padre Island and Leadership Corpus Christi. (12-15-04) Lead Pastor, First Family Church. Received B.S. fi-om Liberty University and pursuing M.A. Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) Elaine A. Yellen Assistant Professor of Nursing Texas A&M University - Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church. Member of Texas Nurse's Association- local chapter. (5-28-04) TRANSPORTATION ADVISORY COMMITYEE - Three (3) vacancies with three-year terms to 4- 30-08. (Note: One member has traditionally been the security officer at the Naval.4tr Station) DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City;, developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City;, fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety a~d, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's stxeets. COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice-Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. MEMBERS TERM *****Stuart Sher, Chair 4-30-05 Don Davenport, Vice Chair 4-30-06 Alex McNair 4-30-07 Robbie Foster 4-30-07 *Grace M. Gonzalez 4-30-05 William Green 4-30-07 David V. Seiler 4-30-06 Raul Torres 4-30-06 *MAC Brian Clements (NAS Security Officer) 4-30-05 ORIGINAL APPTD. DATE 2-17-98 1-11-00 5-11-04 4-11-00 2-13-01 5-11-04 5-13-03 5-13-03 7-27-04 *Seeking reappointment *****Has met the six-year limitation allowed by ordinance and is ineligible for reappointm~nt AI'[ENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Grace M. Gonzalez 9 7 MAC Brian Clements (NAS) 9 7 % OF ATTENDANCE LAST TERM YEAR 78% 78% OTHER INDMDUALS EXPRESSING INTEREST David Amori Branch Manager, PSI. Received B.S. in Civil Engineering and M.S. in Construction Management. Activities include: Associated Builders and Contractors, American Institute of Architects, American Society of Civil Engineers and SEACT. (2-24-05) Richard Bailey, Sr. Rodney Buckwalter Evy Coppola Joseph Hroch John B. Smith Distribution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M_B.A. fi'om Texas A & M University - Corpus Christi_ Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. (2-21-05) Manager, Training & Quality, First Data Corporation. Received A.A. fi.om Del Mar College, B.A. and M.S. fi.om Texas A & M University Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (5-03-05) Owner, Pathways to Wellness. Activities include: Founder/Director of Extraordinary Business Women Owners, League of Women Voters, Westside Business Association, Bathos Association and Yoga Alliance. (4-21- 05) Teacher, Texas Driving School. Received B.S fi.om U.C.C. and graduate work at Corpus Christi State University and Montclair State University. (7-01-04) Lead Pastor, First Family Church. Received B.S_ fi.om Liberty University and pursuing M.A_ Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) WATER RESOURCES ADVISORY COMMITIEE - Four (4) vacancies with two-year t~m~s to 4- 01-07 representing the following categories: I - Wholesale treated customer, I - Resident, 1 - Large Commercial customer and 1 - Military facility. The Mayor may appoint one or two Council Member(s) to serve as ex-officio member(s). (Appointed by the Mayor with approval of the Council) (Note: Staff is recommending postponing the appointment of Military facility representative. Captain Hinger will be leaving her position in June and a replacement has not been named) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two- year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the CiOfs regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1 - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex-officio member(s). MEMBERS TERM *Carola Serrato (Wholesale treated), Chair 4-01-05 *Kimberly Stockseth (Resident.), Vice-Chair 4-01-05 *Jun Kiggans (Lg. commercial) 4-01-05 Bob Kent (Port Industries) 4-01-06 Dr. Karen G. Rue (School district) 4-01-06 Capt. Paula Hinger (Military facility) 4-01-05 Herman Johnson, Sr. (Landscaping) 4-01-06 Lena Coleman (Apt. Owners) 4-01-06 Dr. Jane Stanford (Citizen at Large) 4-01-06 Council Member Henry Garrett Ex-officio, non-voting ORIGINAL APPTD. DATE 2-12-02 2-12-02 2-12-02 2-12-02 11-12-02 10-08-02 2-12-02 2-12-02 10-08-02 *Seeking reappointment AI"rENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Carola Serrato (Wholesale) 7 6 Kimberly Stockseth (Resident) 7 6 Jun Kiggans (Lg. Commercial) 7 5 % OF ATTENDANCE LAST TERM YEAR 86% 86% 72% OTHER INDIVIDUALS EXPRESSING Richard Bailey, Sr. Suzzette F. Chopin Dustin Cravey Ron Roach INTEREST Distribution/l~gistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M.B.A. from Texas A & M University Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. (Large Commercial customer or ResidenO (2-21-05) Professor/'Director of Pre-Professional Education, Texas A & M University - Corpus Christi. Received B.S. from Loyola University, M.B.A. from Texas A & M University - Corpus Christi and Ph.D. from Louisiana State University Medical Center. Activities include: National Association for Advisors to Health Professions, IRB Driscoll Children's Hospital, and the Executive Board of the Texas Association of Advisors to Health Professionals. (ResidenO (2-21-05) Depmtment of Civil & Environmental Engineering, Texas A & M - Kingsville. Received B.S_ in Environmental Science and Ph.D. Student in Environmental Engineering. Activities include: Member of the Water Research Group, Investigator for Elucidation of Groundwater Behavior and Discharge into Streams and Estuaries of the Texas Coastal Bend and Team Member of Refugio Groundwater Technical Task Force. (ReshlenO (4-05-04) Assistant Manager, San Patricio Municipal Water District_ Received B.S. in Environmental Science from Sam Houston State Urdversity. Activities include: American Water Works Association, American Membrane Technology Association, Desalination Committee, and American Water Works Research Foundation. (tVholesale treated) (4-26-05) 3 CITY COUNCIL AGENDA MEMORANDUM city Council Action Date: 05/10/2005 AGENDA ITEM: Ordinance appropriating $90,525.00 from the 2004 State Homeland Security Program Grants, from the Texas Engineering Extension Service Fund, in No. 1062 Fire Grants Fund, to up-grade a bomb robot used by the Police Bomb Disposal Unit. ISSUE: Recent terrorist events around the world and the event of 911 have brought fourth concerns over our security as a nation and our ability to respond effectively to a terrorist attack using weapons of mass destruction. In order to improve our ability to respond to potential terrorist use of these weapons, the State Homeland Security Grants Program continues to provide funds to purchase specialized equipment to meet such a threat. The up-grade on the current bomb robot will meet the intent oftbe grant and will also provide for alternative uses which will increase the capabilities of the Police Department. The preliminary cost estimate for the upgrade was $90,805; consequently the Texas Domestic Preparedness Agency released this amount. However the final cost came in at $90,525. REQUIRED COUNCIL ACTION: Council approval is required to authorize the purchase of the up-grade to the current bomb robot. PREVIOUS COUNCIL ACTION: On June 29, 2004 Council approve to accept a 2004 State Homeland Security Program Grant fi-om the Texas Engineering Extension Service In the amount of $298,365 for the purchase of specialized equipment under the State Domestic Preparedness Equipment Program. No funds were appropriated at that time since funding remained at the state level and all purchases were anticipated to be made utilizing the State of Texas Purchasing "online" System. A risk analysis of our response capabilities revealed that our current bomb robot required an up-grade. CONCLUSION AND RECOMMENDATION: Staff recommends appropriating $90,525.00 from the 2004 State Homeland Security Program Grants fi.om the Texas Engineering Extension Service Fund in No. 1062 Fire Grants Fund to up-grade a bomb robot used by the Police Bomb Disposal Unit. Attachments: 1. Resolution 2. Notice of grant funds release BACKGROUND INFORMATION The City purchased a bomb robot for the Police Department using 2003 State Homeland Security Grant Funds. The purchase was made utilizing the State of Texas Purchasing "on-line" System. Early this year, an option was made available to upgrade the bomb robot for other uses not related to bomb disposal functions. The Police Department has requested these upgrades and approval has been granted by the State Administrative Agency regulating these grants. Since the robot was purchased from a sole provider/vendor who manufacture, supplies and maintain these types of robots, we were not required to obtain bids. C:LDocuments and SeilingsMMIShMy DocumentskBombRobot Grant.d~c Michael l~ernandez - Texas DPA grant funds released Froi~:--- <sup port(~TexasDPA.com> To: <Jaclyn.Porter~fishersci.com> Date: 11/22/2004 4:51 PM Subject: Texas DPA grant funds released CC: <MI-IERNANDEZ(~cctexas.com>, <johnL~cbcog98.org> .1 U I~lS DlCl'~O N: Your Fisher purchase method Is appro~re(I. You are authorized to purchase items from thi~ email list ONLY. No substitutions, replac~mefles, or additional Items are allowed without prior TEE~-$A~ approv~.l. Failure to comply could result in delay or non-payment of the order or Items. Fisher ~af~ty will contact you when the account is open for purchasing. You should receive notice in 2 to 3 days. FISHER.: You are authorized to sell items I~m this email list ONLY. No substitutions, replacement~, or additional items are allowed without prior TEEX-SAA appro~-al. Failure to comply co~JId r~ult in delay or non-payment of the order or Items. Fisher: Please release $150,474.56 to the account for the following ]url.~diction: FIPSCode: 17000 ]ufl~diction: City of Corpus Christi COG: Coastal Bend Council of GovernmenL~ Grant: 2004 SHSP For the ~llowing list of equipment lA. tiros 6 Upgrade - 8omb robot upgrade I Direct-Link Crisis Phone Door IBcJster Il - Powder actuated emergency entry tool JEntry ShJe,d - Entry Shield- BulJet prooi' shie,d for SWATJlnterventlon Teams Entry Team JJ]]J iHONDA,. 3000W generator- Honda, ultra quiet 30~ wa~ gen~a[0r, 6.5 hp, Honda-~RT~LE GENE~TOR ~ [000 WA~ ~ A~A~E0 ~D E~ ~WER ~ $[,300.00 $[9,5~0,00 ~0~ [Tamica, assault- Folding ten ~OOt ladder https ://www. texasdpa, com file//C:XDocuments and Settings\User'Local Settings\Temp\GW}OOOO1.HTM 11/23/2004 AN ORDINANCE APPROPRIATING $90,525.00 FROM THE 2004 STATE HOMELAND SECURITY PROGRAM GRANTS, FROM THE TEXAS ENGINEERING EXTENSION SERVICE FUND, IN NO. 1062 FIRE GRANTS FUND, TO UPGRADE A BOMB ROBOT USED BY THE POLICE BOMB DISPOSAL UNIT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $90,525.00 from the 2004 State Homeland Security Program Grants is appropriated in the No. 1062 Fire Grants Fund to upgrade a bomb robot used by the Police Bomb Disposal Unit. SECTION 2. That upon wdtten 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 10 day of May, 2005. A'I-rEST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary Approved as to form: By: Joseph H rney Assistant City Attorney For City Attorney Henry Garrett Mayor ,2005 Ord-Appro-HS-bomb 2 Corpus Chdsti, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of/he 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 Cit7 Council. Respectfully, Respectfully, Henry GarTett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2005 AGENDA ITEM: Ordinance appropriating $498,000 from BFI Waste Services of North America, Inc. in the No. 1020 General Fund - Solid Waste Services for equipment purchased in accordance with the Landfill Services Agreement between the City of Corpus Christi and BFI Waste Services of North America, Inc., amending the budget adopted by Ordinance No. 025878 to increase revenues and appropriations by $498,000, each; and declarng an emergency. ISSUE: Council action on February 22, 2005 authorized the City Manager or his designee to execute an agreement with BFI Waste Services of North America, Inc. for the operation of Landfills at J. C. Elliott and Cefe Valenzuela Landfills, including the au thorization of the sale of City equipment to BFI Waste Services of North America, Inc. REQUIRED COUNCIL ACTION: City Council approval of the On:tinance is recommended. PREVIOUS COUNCIL ACTION: Staff presented this item to Council on February 22, 2005; Council directed that staff execute the agreement with BFI Waste Services of North America, Inc. for the operations of J. C. Elliott and Cefe Valenzuela Land~'dls, including the authorization of the sale of City equipment to BFI Waste Services of North America, Inc. and to execute a Put/Pay contract for the guarantee~l delivery of 150,0(10 tons of waste per annum to the Cefe Valenzuela Landfill when the landfill opens. CONCLUSION AND RECOMMENDATION: City Staff recommends Council approval of the Ordinance as presented. Jeffrey D. Kaplan Dhector of Streets and Solid Waste Services Attachments: Background BACKGROUND INFORMATION A Landfills Strategic Plan (GBB Consultant Plan) was developed to assist the City of Corpus Christi solid Waste Services Department with its overall landfill development and operations program. The focus of the Plan is on the City's J.C. Elliott Landfill and its planned Cefe Valenzuela Landfill and the various development activities and contractor procurement needs associated with the Iransition of the J.C. Elliott to the Cefe landfill. The Plan also addresses certain other City initiatives, facilities, and services that augment thesc disposal facilities and serve to enhance their operations, extend their lives, or othcrwise reduce costs, increase revenues, and improve the City's solid waste services. RFP proposals were sent out to approximately 15 landfill companies to submit a proposal on the operations/development of the City's landfills. Three proposals were received, and BF1 Waste Services o£North America, Inc. was determined to be thc most qualified. City Council directed staff to begin development of the Cefe Valenzucla Landfill to be able to accept and dispose of waste upon the closure of the J.C. Elliott Landfill. Council also directed staff to enter into negotiations with BFI Waste Services of North America, Inc. for the operations of the J.C. Elliott and Cefe Valenzuela landfills Staff concluded negotiations and on February 22, 2005 recommended approval of the agreement with BFI Waste Services of North America, Inc. which included; Push & Pack agreement, Put/Pay agreement, the sale of landfill equipment. By entering into the agreement the City will reduce its landfill operahonal cost, provide guarantee of consistent waste stream resulting in a stable revenue source for the City future use. ORDINANCE APPROPRIATING $498,000 FROM BFI WASTE SERVICES OF NORTH AMERICA, INC., IN THE NO. 1020 GENERAL FUND FOR BFI°S PURCHASE OF THE CITY'S LANDFILL EQUIPMENT; AMENDING THE BUDGET ADOPTED BY ORDINANCE NO. 025878 TO INCREASE REVENUES AND APPROPRIATIONS BY $498,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $498,000 from BFI Waste Services of North America, Inc. ("BFI"), is appropriated in the No. 1020 General Fund for equipment being purchased under the Landfill Services Agreement between the City of Corpus ChdslJ and BFI dated 2005. SECTION 2. The budget adopted by Ordinance No. 025878 is amended by increasing revenues and appropriations in the No. 1020 General Fund by $498,000. SECTION. That upon written request of the Mayor or five Coundl members, copy attached, the City Council (1) finds and declares an emergency due to the r, ccd for immediate action necessary for the effident 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. A'I-rEST: THE crrY OF CORPUS CHRISTI · 'N'mando Chapa City Secretary APPROVED: This 3r~ day of May, 2005: FirSt/~sistant'City Attorney For City Attorney Henry GarTett Mayor R5340~A2.do¢ . 2 Corpus Chdsti, Texas __day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists .requiring suspension of the Charter rule as to consideration and voting upon.ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Coundl. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the foilowing vote: Henry Garrett Brent Chesney Melody Cooper Jerry Gar(ia Bill Kelly Rex A. KJnnison John Marez Jesse Noyola Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2005 AGENDA ITEM: a. Motion authorizing the City Manager or his designee to accept a Texas Department of Health Grant in the amount of $225,800 for the Health Department Emergency Power Supply project and to execute grant acceptance documents. Ordinance appropriating $225,800.00 from a Texas Department of Health grant into the Health Grants Fund No. 1066 for the Health Department Emergency Power Supply project; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $225,800; and declaring an emergency. ISSUE: The Health Department contains vital facilities that must be able to operate during an extended disruption of electrical service. The project will install a new emergency generator that will allow the entire building to function for up to a week without electrical service. FUNDING: Funding for this project is being provided by a grant from the Texas Department of Health (Centers for Disease Control). CONCLUSION AND RECOMMENDATION: Approval of the motion and ordinance is recommended as presented. Annette Rodriguez Interim Director of Public Health cobar, P. E., Director of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Location Map Exhibit"C" Award Notification Letter H:~OME~EVINS\GEN~H EALTH~mergencyPowerWppropiationMemo. DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Health Department Laboratory Emergency Generator (Project #5184). BACKGROUND: The City Health Department has been designated as a critical facility by the Texas Department of Health and Centers for Disease Control. The Department has received a number of grants to install upgraded equipment and facilities. The Health Department needs to be operational during any extended period of electrical service disruption, The current emergency generator powers only certain parts of the Health Department building and is not designed to provide power for extended periods of time. The Health Department needs to be fully operational which require full power to the entire building. The ability to be self sustaining for up to a week is deemed critical by the Texas Department of Health. The Texas Department of Health has made a grant available to install a new emergency generator with required electrical modifications. The generator will be designed to supply full power to all equipment, HVAC, lights and outlets throughout the building. The grant requires the work be complete and the final invoice be submitted by August 31,2005. Preliminary review by a local engineering firm (Stddde and Callins) has determined the size of the generator and that the work can be completed by August 31, 2005. Stridde and Callins was the engineering sub-consultant during the Biohazard Laboratory Project in 2003. They have the greatest knowledge of the electrical system within the building and are able to undertake the work immediately. A contract for engineering services is being prepared for administrative award pending appropriation of the grant. FUTURE COUNCIL ACTION: Award of purchase order for the emergency generator to expedite delivery time; and Award of a construction contract for installation and electrical modifications. EXHIBIT "A" Page 1 of 1 File : \Mproject\councilexhibits\exh5184.dwg LOCATION MAP NOT TO SC-AI.[ N FIRE CITY PROJECT No. 5184 VICINITY MAP NOT TO SCALE EXHIBIT "B' HEAL TH DEPARTMENT LABORA TORY EMERGENCY GENERA TOR CITY OF CORPUS CHRISTI, TEX~S CITY COUNCIL EXHIBIT ~ O£~R~E~ OF ~GIN£ERING SERVIC~ PAGE: I of I ____--'-- OATE: 05-10-2~5 ~ EDUARDO J SANCHEZ, M D. M,P,H, COMMISSIONER TEXAS DEPARTIV[ENT OF STATE I:~EALTH SERVICES I 100 W. 49~ Stm:,t *Austin, Tr:~ 787.56 ]-888-963-71 it · http://www.dshs.statc.l:x.us May 5, 2005 Ardys Boostrom, M.D., M.P.H_ Public Health prepaxedriess Coordinator/Epidemiolo gist Corpus Ch.risfi-Nueces County Public Health District 1702 Home Road Corpus Christi, TX 78416 RE: 7460005741 2005 07 Dear Dr. Boostrom, We are pleased to inform you that your orgamzafion has been approved to receive addifiorial funding for fiscal year 2005 from the DeparUueut of Stale Health Services, Commuuity Preparedness Section using Centers for Disease Control (CDC) Bioten'orism grlmt funds, in addition to your current budget of $637,245, you will be receiving $225,800 to be used for approved purehas~ for a total grant amount of $ 863,045. The official aw*rd document is the amended conUa~ containing t=r~-,.q and conditions including program and financial m'xluiremeuts and a revised budget You should ~ receiving this document in the mail within the next two weeks. lfyou have any questions, please feel free to call me at (512) 458-7111, extension 6257. Sincerely, Teena Edwards DrPH, RaN' Program Development Specialist Community Preparedness Section An Equal Employment Opportunity Employer Exhibit C Page 1 of 1 ORDINANCE APPROPRIATING $225,800 FROM A TEXAS DEPARTMENT OF HEALTH GRANT INTO THE HEALTH GRANTS FUND NO. 1066 FOR THE HEALTH DEPARTMENT EMERGENCY POWER SUPPLY PROJECT; AMENDING THE CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS BY $?.25,800; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $225,800 is appropriated from a Texas Department of Health Grant into the Heal~ Grants Fund No. 1066 for the Health Department emergency Power Supply Project. SECTION 2. Capital Budget adopted by Ordinance No. 026188 is amended to increase appropriations by $225,800. 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 ncc~l 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 May, 2005. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May John P. Bu~, Jr.'~ Assistant City Attorney For City Attorney ,2005 Henry Ga~e~ Mayor JohnBunke\Ox~q. eso2005\ORDAppm4 H~lth Dept Emerger~:y Power.lla Corpus Chdsti, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott JollnBurke\O~lRe~o2005\ORDAppro4 Hmtlth D~t Emeageocy Power [la 6 AGENDA MEMORANDUM DATE: May 10, 2005 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Big State Excavation of Corpus Chdsti, Texas, in the amount of $903,160 for the 16" Diameter Waterline Loop Connections Segment 'A' Weber Road, Segment 'B' Chapman Ranch Road, and Segment 'C' Old Brownsville Road for the Total Base Bid and Additive Alternate No. 1. ISSUE: This project is necessary to complete the second phase of the Southside Transmission Main and tie into the City's water main loop system at three different locations. FUNDING: Funds to finance the proposed project are available through the FY 2004 - 2005 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Water Services '~g~ R. Escobar, P. E., Director of Engineering Services Additional Sul31x)rt Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Background Information Pdor Council Action Project Budget Bid Tab Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southside Transmission Main, Phases 2, 2a & 3. PRIOR COUNCIL ACTION: SEE EXHIBIT "B" FUTURE COUNCIL ACTION: Nothing anticipated for Phase 2, but award of design and construction contracts for completion of Phases 5, 6, 7 and 8. 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 with associated large main improvements (Staples Street Pumping Plant). This work was necessary to alleviate inadequate water supply and pressure problems experienced dudng peak demand pededs in Pressure Zone 2, the area essentially southeast of Everhart Road. This project has several designated phases to be completed as funding allows. Phase 1 from the O. N. Stevens Water Treatment Plant to near the intersection of County Road 36 and Clarkwood Road is now complete. The construction of Phases 2, 2a and 3 begins at the terminus of Phase 1 and extends to the South Staples Street Pumping Plant. It includes the connection of the transmission main to the existing Holly Road 42" transmission main. This project is a result of the construction of the Southside Water Transmission Main and the need to tie in the new mains into the City's existing main loop system. Segment 'A' Weber Road: This line will be tied in on Weber Street between the new 16" main on the new Yorktown extension and the existing Southside Transmission Main, Phase Throe 48-inch diameter line located at County Road 43. Segment 'B' Chapman Ranch Road: This line ties the Southside Water Transmission Main Phase Three 48-inch diameter waterline back along Ayers Street (Chapman Ranch Road) to loop into an existing 16-inch diameter main that presently exists near Oso Creek. Segment 'C' Old Brownsville Road: This section will tie in the Phase Two 54-inch diameter line where it crosses the intersection of Old Brownsville Road and Saratoga Boulevard to provide a northeasterly loop into the existing 16-inch line with a new 16-inch water line. Additive Alternate No. 1: This component of the project is necessary due to requirements from the US Army Corps of Engineers to perform a cultural resources survey which is also required by the Texas Historical Commission to locate any historical areas of concern. The Additive Alternate provides an additional 500 feet of directional drilling to avoid any potential conflicts. H:U-IOME~I-YNDAS\GEN\WATER\~I97 Waterline Loop Conne~ons~background.doc IEXHIBIT "A" I Page 1 of 2 PROJECT DESCRIPTION: The proposed project consists of the installation of the following components: · 4,670 feet of 16-inch diameter PVC waterline along Weber Road, · 815 feet of 16-inch diameter PVC waterline along Chapman Ranch Road · 1,116 feet of 16-inch diameter PVC waterline along Old Brownsville Road with sitework, excavation and backfilling, connection to existing water mains, · pavement patching / repair, · installing 444 feet of 18-inch HDPE across Oso Creek by directional drilling, · fire hydrant assemblies, · gate valves, · air release valves, · tapping sleeve and valve, · pressure test station at Oso Creek, · and miscellaneous items of work required to complete project in accordance with plans, specifications and contract documents. BID INFORMATION: This project consists of three separate base bids and one additive altemate. The city received proposals from three bidders on Apd127, 2005. (See Exhibit ~D') The bids ranged as follows: Total Base Bid: $796,160 to $893,522 Additive Altemate No. 1:$92,500 to $107,000 The engineer's estimate (base bid only) for this project is $822,300. After review of all proposals, City Staff and the City's Engineering Consultant, Urban Engineering, have determined that based on lower bid and past satisfactory experience with projects of this type, a censtmction contract be awarded to Big State Excavation of Corpus Chdsti, Texas in the amount of $903,160 for the Total Base Bid and Additive Alternative No. 1. CONTRACT TERMS: The contract specifies that the project will be completed in 180 calendar days, with completion anticipated by November 2005. FUNDING: Funds for this project are available from the FY 2004 - 2005 Water Capital Improvement Budget. H;~HOME~LYNDAS\GEN\WATER~8497 - Waled[ne Loop ConneclJons~backg~ound.doc IEXHIBIT "A" I Page 2 of 2 AGENDA MEMORANDUM PRIOR COUNCIL ACTION SUBJECT: Southside Water Transmission Main, Phase 2, 2A & 3 1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Chdsti Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3. December 16.1997 - Approval o1: the FY97-98 Capital Budget (Ord. No. 023174). 4. June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). 5. September 22, 1998 - Approval o[ Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). 6. September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). 7. November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). 8. March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). 9. March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a podion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). 11. May 18, 1999 - Award ot purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). 13. June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). 14. July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). EXHIBIT"B" I Page 1 of 3 15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342). 16. October 19, 1999 - Award of construction contract to Lamb<la Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwoed Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road prbject. (Resolution #024213). 20. September 19, 2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Seuthside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13, 2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. Apdl 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. Apdl 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. January 15, 2002 - Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730). 27. June 25. 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the contract with Urban Engineering for the Southside Water Transmission Main, Phases 2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the land negotiation and acquisition process to acquire the remaining 54 utility easement parcels for both the Southside Water and Gas Transmission Mains. 28. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget. IEXHIBIT"B" I Page 2 of 3 29. 30. December 17, 2002 - Approval of the FY 2002 - 03 Capital Improvement Budget in the amount o1: $229,913,200. March 29, 2005 - Approval of the FY 2005 Capital Improvement Budget in the amount of $178,074,800. (Ordinance No. 026188) EXHIBIT "B" I Page 3 of 3 PROJECT BUDGET 16" Diameter Waterline Loop Connections (Project No. 8497) May 10, 2005 FUNDS AVAILABLE: Water ClP Program ..................................................... $1,187,335.00 FUNDS REQUIRED: Construction (Big State Excavation) ................................ $903,160.00 Contingencies ........................................................... 90,000.00 Consultant (Urban Engineering) ..................................... 93,175.00 Costruction Inspection ................................................ 36,000.00 Engineering Reimbursements ....................................... 25,000.00 Finance Reimbursements ............................................. 15,000.00 Misc. (Printing, Advertising, etc.) .................................... 25,000.00 Total ........................................................................ $1,187,335.00 EXHIBIT C Page I of 1 ~'~ ' '~ ' ' ~ '8888' F]ie . ~Mproject~councflexhibit$\exhg497a.dwg CO RD 22 o ~ i~ N LOCATION MAP NOT TO SCALE PROJECT L OCA TION NAVAL PROPOSED N PROPOSED 16" WA TERLINE CITY PROJECT No. 8497 VICINITY MAP NOT TO SCALE 16-INCH DIAMETER WA TERLINE LOOP CONNECTION-SEGMENT 'A' WEBER ROAD CIT~ OF CORPUS CHRISTI, TEXAS -j CITY COUNCIL EXHIBIT ~ DEP~E~ ~ ENGINE~ING SERV~C~ PAGE: I of 3 __----- ~: 05-05-2~5 ~ File : \Mprojec~,councilexhibil. s~exhg497b.dwg CO RD 22 N ~ PROJECT LOCATION LOCATION MAP NOT TO SCALE ~ CC~PUS // EXIST. 16" BA. W^TEELINE CABANISS TO PROCOSED NAVAL -- AUXILIARY O$o LANDING FIELD CITY PROJECT No. 8497 EXIST. 8" WAteR MAiN CONNECT 1'0 PROPOS[D ~ VICINITY MAP NOT TO SCALE 16-INCH DIAMETER WA TERLINE LOOP CONNECTION-SEGMENT 'B' CHAPMAN RANCH ROAD CITY OF CORPUS CHRISTI, TEXAS PROPOSED */6" WA TERLINE CZTY COUNCZL EXHZBZT DEPARTMENT OF ENClNEERING SEIWICES PAGE: 2 of 3 DATE: 05-05-2005 Fi~e : ~Mproject\councilexhibits\exh8497c.dwg PROJECT LOCATION RI .~-Y ~ ~ LOCATION MAP NOT TO $CAJ_E N PROPOSED 16' [WA TERLINE EXIST. 16' AC WATERLINE CONNECT TO PROPOSED EXIST. 16' AC WAI~_RUNE CONNECT TO F~OPOS~D N CITY PROJECT No. 8497 VICINITY MAP NOT TO SCALE 16-INCH DIAMETER WA TERLINE LOOP CONNEC- TION-SEGMENT 'C' OLD BROWNSVILLE ROAD CITY OF CORPUS CHRIS~, TEXAS CITY COUNCIL EXHIBIT DEP~TMENT OF ~OlNE~ING S£RVIC~ PAGE: 3 of 3 DATE: 05-05-2~5 7 AGENDA MEMORANDUM City Council Action Date: May 10, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation of Corpus Chdsti, Texas in the amount of $1,027,420 for the Country Club Estates Lift Station Upgrade and Connection to Force Main "C" for the Total Base Bid and Additive Alternate No. I ISSUE: The existing discharge force main for the Country Club Lift Station, located along Everhart and Saratoga has experienced failure in certain locations. This project will redirect the discharge from the Country Club Lift Station to the recently completed Force Main "C". FUNDING: Funds are available for this project through the FY 04-05 Wastewater Capital Improvement Program budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval ol~ the motion as presented. Foster Crowell Director of Wastewater scobar, P. E. Director of Engineering Services Additional Sul~13ort Material: Exhibit "A" Background Information Exhibit"B" Project Budget Exhibit"C" Bid Tab Exhibit"D' Location Map BACKGROUNDINFORMATION SUBJECT: Country Club Estates Lift Station Upgrade and Connection to Force Main C (Project #7301 ) PRIOR COUNCIL ACTION: 1. March 11, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $359,130 for the Force Main Repairs and Replacement Project - Force Main Line "C". (Motion M2003-101) 2. March 29, 2005 - Approval of the FY 2005 Capital Improvement Budget for $178,074,800 (Ordinance No. 026188). PRIOR ADMINISTRATIVE ACTION: 1. October 23, 2003 - Administrative Approval of Amendment No. 9 to a Contract For Professional Services in the amount of $9,320 with Goldston Engineering, Inc. for Force Main Repairs and Replacement Line C. 2. November 11,2003 - Administrative Approval of Amendment No. 10 to a Contract For Professional Services in the amount of $24,950 with Goldston Engineering, Inc. for Force Main Repairs and Replacement Line C. FUTURE COUNCIL ACTION: Nothing Anticipated. BACKGROUND INFORMATION: The Country Club Estates Lift Station was designed to discharge sewer flow through a 24~ inch force main along Everhart and Saratoga Boulevard eastward to the discharge point on Cimarron Boulevard Trunk Main. The flow then proceeded by gravity to the Williams Drive Lift Station. The force main along Everhart and Saratoga has experienced numerous failures due to age and the effect of sewer gasses on the materials of construction. This project will re-route the discharge of the Country Club Estates Lift Station to connect to the recently constructed Force Main "C". Force Main "C" is a new 24-inch pvc force main which was routed from the Country Club Estates Lift Station through the Corpus Christi Country Club to the Cimarron Street trunk discharge. This project will also reconnect the Weber's Glen Lift Station Force Main discharge point from a manhole located near the Snowgoose and Everhart intersection to the Country Club Estates Lift Station. This will be accomplished by re-activation ora dormant 12-inch force main located along Everhart between Snowgoose and the Country Club Estates Lift Station. Additional work will include the installation of dual flow meters at the recently completed Kostoryz Lift Station. This will provide necessary additional information to the Wastewater Department concerning the inflow and infiltration (I & I) identification to aid in control and Page I of 2 reduction thereof. All new lift stations now require metering and as budget allows, all existing lift stations will be retror~ted with metedng to help the City's I & I effort and meet TCEQ regulations. PROJECT DESCRIPTION: The project consists of the construction of: · approximately 60 linear feet of 12-inch DI force main · 150 linear feet of 12-inch PVC force main, · 70 linear feet of 16-inch PVC force main, · 30 linear feet of 18-inch DI force main, · 300 linear feet of 24-inch PVC force main, · twenty-seven (27) DI fittings of various size and type; · installation of ten (10) plug valves, · one (1) combination air release valve, · installation of a flow metering system, · one (1) fiberglass flow meter manhole; · construction of approximately 400 square yards of textured and colored concrete pavement, · 530 square yards of concrete pavement, · 130 square yards of asphalt pavement, · 820 square yards of single course asphalt overlay, · 300 square feet of concrete sidewalk, · construction of approximately 320 linear feet of precast concrete fencing with an electric gate, · installation of a prefabricated odor control system, and · construction of a transformer pad; together with all appurtenances and associated work in accordance with the plans, specifications and contract documents. BID INFORMATION: This project consists of one base bid and one additive altemate. The City received one proposal on April 27, 2005. The bids pdce for the base bid was $992,420. The engineer's construction estimate for the base bid award was $830,000.05. The City's consultant, Goldston Engineering, Inc., and City staff, recommend that based on sole bid, satisfactory references, and the need to complete the project in an expedient manner, that a construction contract be awarded to Big State Excavation of Corpus Christi, Texas in the amount of $1,027,420 for the base bid and additive alternate. CONTRACT TERMS: It is proposed that this project will be completed in 120 calendar days with completion anticipated by September 2005. FUNDING: Funds for this project are available in the FY 2004-2005 Wastewater Capital Improvement Budget. PROJECT BUDGET Country Club Estates Li~t Station Upgrade (Project No. 7301 ) May 10, 2005 FUNDS AVAILABLE: Wastewater ClP Program ............................................. $1,615,320.00 FUNDS REQUIRED: Construction (Big State Excavation) ................................ $1,027,420.00 Contingencies ............................................................ 102,700.00 Consultant (Goldston Engineering) ................................. 393,400.00 Costruction Inspection ................................................ 41,000.00 Engineering Reimbursements ....................................... 30,800.00 Finance Reimbursements ............................................. 15,000.00 Misc. (Printing, Advertising, etc.) .................................... 5,000.00 Total ........................................................................ $1,615,320.00 EXHIBIT B Page 1 of 1 000000000000 0 ~ q q q q q q q q q q q q 8 ~ 8 8 q ~ 8000000080000888880 - -~ ~ d ~ ......... ~ '~ ' ~ 88~~ ooo o EXHIBIT "C" Page 1 of 3 0000 000000 o o o o 8 8 8 8 8 8 8 8 ~ q q q q q q 5 d d 5 ' d d d d ' d ' o o o o o o o o 8 o o o o 8 o 88 o o 88 ~ ~ ~ ~ ~ ~ ~ q ~ ~ ~ q q t ~ ~ q q ~ ~ 0008008080080888888 d'd''d'dd'd''~d''' 8o88o8oo8o88oo8 z EXHIBIT "C' Page 2 of 3 o ........... o o o qqqqqq... ooo ~§8~8ooooO g i ~'8 8 8 § 8 g 8 g g 8 § 8 8 8 g 8 8 8 ~ ~o o o o o o ~w~ -- ~ _ ~O0~J~ o z 0 0 0 0 0 ~ ~ j 0 ~ ~ ~ ~ 0 EXHIBIT "C" Page 3 of 3 ~ Mpr ajec [ \ c ouncile~hibi [s ~ e~h 710.].dwg N PROJECT LOCATION LOCATION MAP NOT TO $C.~_E N COUNTRY CLUB LIFT STATION PROJECT No. 7103 VICINITY MAP NOT TO SCALE EXHIBIT "D' COUNTRY CLUB ESTATES LIFT STATION UPGRADE and CONNECTION TO FORCE MAIN "C" CZTY COUNCZL EXHZBT_T C~ OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 05/04./2005 ~ Mprojec [ \ councdexnibl~s ~ exh 7 ! 0~. d w(7 PROJECT L OCA TION N LOCATION MAP NOT TO SCALE N PROJECT SITE PROJECT No. 7109 VICINITY MAP NOT TO SCALE EXHIBIT 'D" KOSTORYZ LIFT STATION ADDITIVE AL TERNA TE NO. I CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT ~ DEP~E~ OF ENGINE~INGSERVIC~ PAGE: 2 of 2 __~-- ~: 05/04/2~5 ~ 8 AGENDA MEMORANDUM City Council Action Date: May 10, 2005 SUBJECT: Williams Drive Lift Station Wastewater Trunk Main Manhole Rehabilitation, Phase I (Project No. 7326) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Jhabores Construction Company Inc. l:rom Corpus Christi, Texas in the amount of $425,450 for the Williams Drive Lift Station Wastewater Trunk Main Manhole Rehabilitation, Phase 1. ISSUE: There are multiple manholes on the Williams Drive Lift Station system that are in extremely poor condition and need to be replaced before they experience system failure that has previously occurred with other manholes in this area. The project has bid and is ready to begin the construction phase. City Council action is required to complete the project. FUNDING: Funds to finance the proposed project are available in the FY 2005 Wastewater Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Director o! Wastewater Services ! /~gel R. Escobar, P.E. Director of Engineering Services Additional Sul~oort Material: Exhibit "A" Background Information Exhibit ~B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA BACKGROUNDINFORMATION SUBJECT: Williams Drive Li~t Station Wastewater Trunk Main Manhole Rehabilitation, Phase 1 (Project No. 7326) PRIOR COUNCIL ACTION: 1. March 29, 2005 - Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No. 026188) PROJECT BACKGROUND: The Williams Drive Sanitary Sewer Trunk Main (as well as manhole No. 7) was constructed in 1955. The other manholes along this route were constructed as the subdivision was developed. Following years of use and eventual deterioration, the trunk main was slip-lined in 1987 with a 36-inch high-density polyethylene pipe (HDPE). However, the manholes themselves were not rehabilitated at that time. As a result in the last two years, two cave-ins have occurred and emergency repairs had to be made to manholes No. 5 and No. 9. There are no as-built drawings available [or manhole Nos. 2, 10 and 22 to determine their exact age and condition; however, interior inspections, manhole settlement and confJnuous pavement repair around the manholes ind~ate that they are severely deteriorated. This situation leads to excessive inflow and infiltration. Manhole repair and replacement will improve sanitary sewer flows, limit inflow/infiltration, and improve li~t station and plant pedormance by limiting hydraulic overload. By taking a proactive--rather than reactive--approach to the necessary repair ol~ these aging manholes, the city can prevent I~urther emergency cave-ins, thus reducing the construction costs. PROJECT DESCRIPTION: This project will rehabilitate the following four manholes: · Manhole No. 2 - located at the intersection of Williams Drive and Daly Drive (southbound) · Manhole No. 7 - located along Beechwood Drive approximately 300-350 feet east of the intersection of Lemonwood Drive · Manhole No. 10 - located inside the Gultway Apartment Complex · Manhole No. 22 - located on Bonner Drive, approximately 450-500 feet eas! of Flynn Parkway in the center o[ the street Manhole Nos. 2, 10 and 22 shall require the complete removal of the existing manholes (including the base) and the construction o[ new 8-foot diameter fiberglass manholes in accordance with the drawings and speci[ications. Pavement repairs are also included. Manhole No. 7 shall require the complete removal of the existing manhole stack and the top of the existing manhole vault. A new 5-foot diameter fiberglass manhole shall be installed within the inside of the walls of the existing concrete vault. Pavement repairs are also included in this contract. I EXHIBIT"A' I Page 1 ot 2 BID INFORMATION: The City received proposals from three bidders on April 20, 2005 (see Exhibit "B" Bid Tabulation). The estimated cost of construction is $475,000. The bids range from $425,450 to $855,000. City staff recommends that the construction contract be awarded in the amount of $425,450 to Jhabores Construction Company Inc. of Corpus Chdsti, Texas. CONTRACT TERMS: The contract specifies that the project will be completed in 154 calendar days with completion anticipated by November 2005. EXHIBIT "A" I Page 2 of 2 0 < Or,,- o< -~gd ~_,,,· ..,~ --,F o,,=, ~- Sxg ~-"' m,.. ~_o g ~ ~ ~ o°. · _ <~ .-' ~ ~'~ ~o--_~ c . ,~g m__.,- -- ~ c~ ~ E ~ >'c'c'o--~ ..~ ~ ,. ×o o _ ~.E ~ oz ~o~, ~.E 0 0 0 0 0 0 0 0 EXHIBIT "B" Page I of 2 0 0 8 8 8 o o 8 o 8 8 8 EXHIBIT "B" Page 2 o1' 2 PROJECT BUDGET Williams Drive Lift Station Wastewater Trunk Main Manhole Rehabilitation, Phase 1 (Project No. 7326) May 10, 2005 FUNDS AVAILABLE: Wastewater ............................................................... FUNDS REQUIRED: Construction (Jhabores Construction Company Inc.) .......... Pre-Construction Inspection (Shoreline Plumbing) ............. Contingencies (10%) ................................................... Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Land Acquisition ......................................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ $505,592.00 $425,450.00 17,025.00 42,545.00 2,184.00 14,678.00 2,000.00 1,710.00 $505,592.00 EXHIBIT'C' Page 1 of I 9 cl'rY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: May 10, 2005 SUBJECT: Cimarron Boulevard Improvements Project · Phase 1 - from Saratoga to Yorktown (Project No. 6261) · Phase 2- from Yorktown to Bison (Project No. 6262) BOND ISSUE 2004 PROJECT AGENDAITEM: A. Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 ClP Fund 3411B; and appropriating in Street 2000 CIP Fund 3411B; appropriating $202,169.13 from Street 2001 ClP Fund 3540 and apprepdating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $604,402.93; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Mavedck Engineering in the amount of $1,359,999 for the Ciman-on Boulevard Improvements Project as follows: · Phase I - from Saratoga to Yorktown · Phase 2-from Yorktown to Bison ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No, 1 Street Improvements, A contract for professional services is required to complete the design phase, bid phase, and consbuction phase; and requires City Council approval, FUNDING: Funding is available [rom the FY 2004-2005 Capital Improvement Budget. Valed~' Gra~, P.'E~ ~ Directbr of Storm Water RECOMMENDATION: Staff recommends approval of the motion as presented. ~l'~g~l R. Escebar, P.E. ~Director of Engineering Services Foster Crowell, Director of Wastewater Additional Support Material: Exhibit 'A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map BACKGROUND INFORMATION SUBJECT: Cimarron Boulevard Improvements Project · Phase 1 - from Saratoga to Yorktown (Project No. 6261) · Phase 2 - from Yorktown to Bison (Project No. 6262) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29, 2005 - Approva~ of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 4. April 26, 2005 - Ordinance abandoning and vacating a 1,383.35-square foot portion of a 10-foot wide Utility Easement out of Lots 90 and 91, Block 1, Madposa Subdivision located south of the Yorktown Boulevard and Cimarron Boulevard intersection, in connection with the Cimarron Boulevard Street Improvement Project, Phase 2, from Yorktown to Bison, (BOND ISSUE 2004 PROJECT); and declaring an emergency (Ordinance No. 026234). PRIOR ADMINISTRATIVE ACTION: 1. July 7, 2004 - Executed Small NE Agreement with Pyle and Associates in the amount of $24,290 for the Cimarron Boulevard Improvements Project, Phase 1 from Saratoga to Yorktown. 2. July 7, 2004 - Executed Small NE Agreement with Pyle and Associates in the amount of $6,250 for the Cimarron Boulevard Improvements Project, Phase 2 from Yorktown to Bison. 3. Auqust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond ~ssue 2004 Projects to 175 engineering firms (70 ~ocal and 105 non-local). 4. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 5. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). FUTURE COUNCIL ACTION: Approval of vadous construction contracts to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. EXHIBIT "A" I Page 1 of 3 The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the eadystages of the design phase: (1) More detailed and standardized Subsurface Utility Engineering to include Hydro-excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs/upgrades prior to the street reconstruction. (3) Land acquisition. On critical projects, land acquisition is proceeding ahead of the project design and being coordinated with the platting process. This allows dedications in lieu of purchase of ROW and easements and avoids future delays and costs for Utility relocations and/or street reconstruction. PROJECT DESCRIPTION: The proposed project consists of the following improvements: Phase 1 from Saratoqa to Yorktown - The section of Cimarron Boulevard bound between Saratoga Boulevard & Yorktown Boulevard is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 1 improvements will consist of the reconstruction and widening of the existing two-lane roadway to an artedal (A-1) four- lane roadway with a continuous left turn lane, curb & gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, and the installation of improvements to meet TAS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage / traffic control, street lighting and ROW acquisition wile be made as required. A new traffic signal will be installed at the intersection of Cimarron Boulevard and Yorktown Boulevard. Phase 2 from Yorktown to Bison {Mireles Elementary School) - The section of Cimarron Boulevard bound between Yorktown Boulevard and Bison Drive is currently a rural unimproved two-lane roadway. CimarTon Boulevard Phase 2 improvements will consist of the reconstruction and widening of the existing two-lane roadway to a collector (C-3) four-lane roadway with curb and gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, the installation of improvements to meet TAS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage / traffic control, street lighting and ROW acquisition will be made as required. EXHIBIT "A" I Page 2 of 3 CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. FINAL PRODUCT: Design, Bid and Construction services will result in street improvements including compliance with ADA requirements along Cimarron Boulevard as follows: · Phase 1 from Saratoga to Yorktown · Phase 2 from Yorktown to Bison EXHIBIT "A" I Page 3 of 3 CONTRACT SUMMARY 1. SCOPE OF PROJECT (Cimarron Boulevard Improvements) Cimarron Boulevard Phase 1 - Saratoqa to Yorktown (Proiect No. 6261) - The section of Cimarron Boulevard bound between Saratoga Boulevard & Yorktown Boulevard is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 1 improvements will consist of the reconstruction and widening of the existing two-lane roadway to an arterial (A-l) four-lane roadway with a continuous left tum lane, curb & gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, and the installation of improvements to meet TAS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage / traffic control, street lighting and ROW acquisition will be made as required. A new traffic signal will be installed at the intersection of Cimarron Boulevard and Yorktown Boulevard. Cimarron Boulevard Phase 2 -Yorktown to Bison (Mireles) (Proiect No. 6262) - The section of Cimarron Boulevard bound between Yorktown Boulevard & Bison Drive is currently a rural unimproved two-lane roadway. Cimarron Boulevard Phase 2 improvements will consist of the reconstruction and widening of the existing two-lane roadway to a collector (C-3) four-lane roadway with curb & gutter, sidewalks, driveways, storm water improvements, water improvements, wastewater improvements, the installation of improvements to meet TAS standards as administered thru TDLR. Associated improvements such as pavement markings, traffic signage / traffic control, street lighting and ROW acquisition will be made as required. 2. SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to pedorm professional 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. I EXHIBIT "B" Page I of 4 3. SUMMARY OF FEES CIMARRON BLVD. PHASE I - SARATOGA TO YORKTOWN (# 6261) Fee for Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Street Storm Water Waste Totals Water Water $24,040.29 $13,410.11 $7,791.90 $7,396.70 $52,639.00 210,963.00 117,679.00 68,377.00 64,909,00 461,925.00 5,822.02 3,247.63 1,887.03 1,791.32 12,748.00 19,208.85 10,715.04 6,225.94 5,910.17 42,060.00 260,034.16 145,051.78 84,281.87 80,007.19 569,375.00 Fee for Additional Services (Allowance) 1. Pen'nti Preparation (as applicable) (AUTHORIZED) TXDOT NPDES PermitJAmendments Texas Department of License and Regulation Total Permitting 2. ROW Acquisition Survey 3. Topographic Survey (AUTHORIZED 4. Environmental Issues 5. ConstrucLion Observation Services 6. Warranty Phase 7. Hydro-Excavation (AUTHORIZED) 8. Televising Existing Sanitary Sewer Lines Sub-Total Additional Services Fees Authorized 4,261.93 2,377.38 1,38'1.37 1,311.31 9,332.00 TBD TBD TBD 4,936.94 2,753.91 1,600.15 TBD TBD TBD 124,244.61 69,305.90 40,269.97 3,385.07 1,888.25 1,097.16 0.00 0.OO 6,592.00 0.00 0.00 0.00 136,828.55 76,325.45 50,940.66 Total Authorized Fee 396,862.70 22%377.24 135,222.52 TBD 1,518.99 TBD 38,227.52 1,041 52 6,592.00 31,250.00 79,941.34 159,948.54 TBD 10,610.00 TBD 272,048.00 7,412.00 13,184.00 31,250.00 344,036.00 913,411.00 IEXHIBIT"B" I Page 2 of 4 CIMARRON BLVD. PHASE 2 - YORKTOWN TO BISON (MIRELES) (# 6262) Fee for Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Street Storm Water Waste Totals Water Water $21,769.81 $9,004.82 $6,217.49 $5,500.88 $42,493.00 105,353.00 43,578.00 30,089.00 26,621.00 205,641.00 5,395.19 2,231.66 1,540.88 1,363.28 10,531.00 13,659.86 5,650.24 3,901.28 3,451.63 26,663.00 146,177.86 c00,464.71 41,748.65 36,936.78 285,328.00 Fee for Additional Services (Allowance) 1. Pen'niL Preparaldon with fees (as applicable) (AUTHORIZED) TXDOT NPDES Permit/Amendments Texas Department of License and Regulation Total Permitting 2. ROW Acquisition Survey 3. Topographic Survey (AUTHOP~ZED) 4. Environmental Issues 5. Construction Observation Services 6. Warranly Phase 7. Hydm-ExcavaLion (AUTHORIZED) 8. Televising Existing Sanitary Sewer Lines Sub-Total Additional Services Fees Author[zed 4,652.85 1,924.59 1,328.86 1,175.70 9,082.00 TBD TBD TBD TBD TBD 4,723.55 1,953.84 1,349.05 1,193.56 9,220.00 TBD TBD TBD TBD TBD 48,669.94 20,131.73 13,900.22 12,298.11 95,000.00 1,805.40 746.78 515.62 456.20 3,524.00 0.00 0.00 6,592.00 6,592.00 13,184.00 0.00 0.00 0.00 31,250.00 31,250.00 59,851.73 24,756.95 23,685.76 52,965_56 161,260.00 Total Authorized Fee 206,029.59 85,221.66 65,434.41 89,902.35 446,588.00 iEXHIBIT"B" I Page 3 of 4 CIMARRON BLVD PHASE I & PHASE 2 COMBINED Fee for Basic Services 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Street Storm Water $45,810.00 $22,414.93 316,316.00 161,257.00 11,217.22 5,479.29 32,868.70 16,365.28 406,212.01 205,516.50 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) (AUTHORIZED) TXDOT NPDES Permit/Amendments 8,914.78 4,301.98 Texas Department or License and Regulation Total Permitting 2. ROW Acquisition Survey TBD TBD 3. Topographic Survey (AUTHORIZED) 9,660.48 4,707.75 4. Environmental Issues TBD TBD 5. Construction Observation Services 172,914.55 89,437.64 6. Warranb/Phase 5,190.47 2,635.03 7 Hydro-Excavation {AUTHORIZED) 0.00 0.00 8. Televising Existing Sanitary Sewer Lines 0.00 0.00 Sub-Total Additional Services Fees Authorized 196,680.28 101,082.40 Total Authorized Fee $602,892.29 $306,598.90 Water $14,009.40 98,466 00 3,427 90 10,127.22 126,030.52 2,710.23 TBD 2,949.21 TBD 54,170.19 1,612.79 13,184.00 0.00 74,626.41 $200,656.93 Waste Water $12,897.58 91.530.00 3,154.60 9,361.79 116,943.97 2,487.01 TBD 2,712.56 TBD 50,525.63 1,497.71 13,184.00 62,500.00 132,906.91 $249,850.B8 To~ls $95,132.00 667,569.00 23,279.00 68,723.00 854,703.00 18,414.00 TBD 20,030.00 TBD 367,048.00 10,936.00 26,368.00 62,500.00 505,296.00 $1,359,999.00 I' X iBl¥ "B" Page 4 of 4 ~ File \HuML\(~arlosK\Gen2\ZOOb\stut! deremy\CityFx. Cimarronl.dwg N CZTY PROJECT No. 6261 LOCAT.[ON MAP NOT TO SCALE EXHIBIT "C" BOND ISSUE 2004 CIMARRON BOULEVARD IMPROVEMENTS PHASE 1 - FROM SARATOGA TO YORKTOWN CI~ OF CORPUS CHRIS~, TEXAS CITY COUNCIL EXHIBIT D~E~ OF ENGINEERING SERV~C~ PAGE: I of 2 ~: 04-25-2~5 N FM 2~d ~ CITY PROJECT No. 6262 LOCATION MAP NOT TO SCALE EXHIBIT "C" BOND ISSUE 2004 CIMARRON BOULEVARD IMPROVEMENTS PHASE 2 - FROM YORKTOWN TO BISON CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGIN£ERIN¢ SERVICES PAGE: 2 of: 2 DATE: 04--25-2005 ORDINANCE APPROPRIATING $402,233.80 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM STREET 2000 CIP FUND 34'11B AND APPROPRIATING $202,'169.13 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM STREET 2001 CIP FUND 3540 FOR THE CIMARRON BOULEVARD IMPROVEMENTS PROJECT, PHASES 1 AND 2; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING APPROPRIATIONS BY $604,402.93; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $402,233.80 in unappropriated interest earnings from the Street 2000 CIP Fund 3411B is appropriated for the Cimarron Boulevard Improvements Project, Phases 1 and 2. SECTION 2. That $202,169.13 in unappropriated interest earnings from the Street 2001 CIP Fund 3540 is appropriated for the Cimarron Boulevard Improvements Project, Phases 1 and 2. SECTION 3. That Ordinance No. 026188 which adopted the Capital Budget is amended by increasing appropriations by $604,402.93, 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 Charier 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. AI-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Legal form approved May 5, 2005 Lisa Aguilar ~ Assistant City Attorney for City Attorney 10 AGENDA MEMORANDUM DATE: May 10, 2005 SUBJECT: Doddddge Street from Ocean Ddve to South Staples Street (Project No. 6273) AGENDA ITEM: A. Ordinance appropriating $87,045.36 from the unappropriated miscellaneous revenues from Street ClP Fund 3530, apprppdating $201,753.69 from City Hall CIP Fund 3160 and transferring to and appropriating in Street CIP Fund 3530 for the Deddndge Street Improvement Project; amending capital budget adopted by Ordinance 026188 by increasing apprppdations by $490,552.74; and declaring an emergency Motion authorizing the City I,.,.,,~ager, or his designee, to execute a Contract for Professional Services with Goldston Engineering in the amount of $670,215 for Doddddge Street Improvements from Ocean Ddve to South Staples Street. (BOND ISSUE 2004) ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. An NE contract is required to provide design, bid and construction phase services and requires the approval of City Council before work may begin. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Valerie Director'of Storm Water Services Foster Crowell, Director of Wastewater Services Eduardo Garar~a, P.E/, Director of Water Services t 'A~g~'l R. Escobar, P. E., I~irector of Engineering Services Additional Sul~port Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map CONTRACT SUMMARY DODDRIDGE STREET IMPROVEMENTS OCEAN DRIVE TO SOUTH STAPLES STREET 1. SCOPE OF PROJECT (Doddridge Street- Ocean Drive to South Staples, City Project No. 6273) Doddridge Street is a name change for Weber Road beginning at the roadway curve between Staples Street and Alameda Street and extending to Ocean Ddve. This project includes all of Doddridge Street and a podion of Weber Road. The length of this project is approximately 5,330 linear feet. This proposed project completes the improvements from South Staples to Ocean Ddve. The existing roadway is a four-lane artedal with left-turn lanes at the South Staples and Alameda Street intersections. In addition, a parking lane exists for a distance on the southeast side between Staples Street and Alameda Street. The project includes the following: · Complete reconstruction of the existing roadway between the existing curb and gutter. · Removal and replacement of selected curb and gutter that is in poor condition. · Removal and replacement of selected sidewalk and new construction in locations where there is no existing sidewalk. · ADA curb ramps per project requirements. · Lane stdping and pavement markings. · Rehabilitation of existing sanitary sewers. · Replace and/or adjust curb inlets to improve drainage. · A 16-inch water transmission main and appurtenances. · Removal of the existing water transmission main. · Supplemental underground storm drainage. · Adjust affected valves and manholes to grade. · New street lighting. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to per[orm design and survey services necessary to prepare plans, Construction Bid and Contract Documents, as described in EXHIBIT A. In addition, NE will provide monthly status updates (project progress or EXHIBIT "B" I Page I of 3 delays, gantt charts (as requested) presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-l, to complete the Project. 3 SCHEDULE DAY Wednesday Wednesday Wednesday Wednesday Wednesday Monday (2) Tue/Wed/'rhu Wednesday Monday Weekday PROPOSED PROJECTSCHEDULE DATE May 18, 2005 October 5, 2005 October 12, 2005 October 19, 2005 Apdl 12, 2006 October 2006 October 2006 December 2006 January 2007 February 2008 ACTIVITY Begin Preliminary Phase Design Memorandum Submittal City Review Begin Design Phase Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion 4. FEES Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A. 1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not-to-exceed fee as per the table below: EXHIBIT "B" I Page 2 of 3 C. Summary of Fees Fee for Basic Services Storm Waste TOTAL Streets Water Water Water 1. Preliminary Phase 69,862 13,307 11,089 16,634 2. Design Phase 118,722 22,614 18,845 28,267 3. Bid Phase 6,520 1,242 1,035 1,552 4. Construction Phase 30,568 5,823 4,852 7,278 Subtotal Basic Services Fees 225,672 42,985 35,821 53,731 Fee for Additional Services (Allowance) 1. Permit Preparation and fees (as 2,205 420 350 525 applicable) TDLR Permit Total Permitting 2. ROW Acquisition -(TBD) TBD TBD TBD TBD 3. Topographic Survey (AUTHORIZED) 30,461 5,802 4,835 7,253 4. Environmental Assessments (TBD) TBD TBD 0 0 5. Construction Observation Services 94,185 17,940 14,950 22,425 6. Warranty Phase 2,857 544 453 680 7. Hydro/Utility Locations (Authorized) 0 14,000 35,000 21,000 8. Wastewater CCTV and Inspection 0 0 0 27,300 (Authorized) 9. Public Meeting (Authorized) 5,557 1,058 882 1,323 Sub-Total Additional Services Fees A 135,265 39,764 56,470 80,506 Total Authorized Fee 360,937 82,749 92,291 134,238 110,892 188,447 10,349 48,521 358,209 3,500 TBD 48,351 0 149,500 4,535 70,000 27,300 8,820 312,006 670,215 EXHIBIT "B" Page 3 of 3 I~le : \Mproject\councilexhibits\ N CITY PROJECT No. 6273 L OCA T r_ ON MAP NOT TO SCALE DODDRIDGE STREET IMPROVEMENTS FROM OCEAN DRIVE TO SOUTH STAPLES STREET (BOND ISSUE 2004) CI~ OF CORPUS CHRIS~, TEXAS EXHIBIT "C" CITY COUNC[L ~ EXH~BZT DEPAR~ENTOF ENGINE~ING SERV1C PAGE: I of 1 ~: 05-04-2~5 ~ ORDINANCE APPROPRIATING $87,045.36 FROM THE UNAPPROPRIATED MISCELLANEOUS REVENUES FROM STREET CIP FUND 3530, APPROPRIATING $201,753.69 FROM CITY HALL CIP FUND 3160 AND TRANSFERRING TO AND APPROPRIATING IN STREET CIP FUND 3530 FOR THE DODDRIDGE STREET IMPROVEMENT PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING APPROPRIATIONS BY $490,552.74; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $87,045.36 in unappropriated miscellaneous revenues from the Street CIP Fund 5530 is appropriated for the Doddridge Street Improvement Project. SECTION 2. That $201,753.69 is appropriated from City Hall CIP Fund 3160 and transferred to and appropriated into Street Fund 3530 for the Doddridge Street Improvement Project. SECTION 3. That Ordinance No. 026188 which adopted the Capital Budget is amended by increasing appropriations by $490,552.74. 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 this the day of ,2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved May 6, 2005 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Chdsti, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garret-[ Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A, KJnnison John E. Marez Jesse Noyola Mark Scott 11 AGENDA MEMORANDUM CRV Council Action Date: May 10, 2005 SUBJECT: Neighborhood Street Reconstruction (Project No. 6368) - BOND ISSUE 2004 AGENDA ITEM: A. Ordinance appropriating $536,350 from City Hall CIP Fund 3160, transferring to and appropria§ng in Street CIP Fund 3530 for the Neighborhood Street Reconstruction Project; amending Capital Budget adopted by Ordinance 026188 by increasing appropriations by $1,072,700; and declaring an emergency B. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering in the amount of $721,350 for Neighborhood Street Reconstruction along the following streets: (Bond Issue 2004) · Cluster 1: Riverside Area - behind Calallen High School · Cluster 2: Nueces Bay / Buddy Lawrence Area · Cluster 3: South Port / Greenwood Area · Cluster 5: Holly / Kostoryz Area · Cluster 7: Nile Area Cluster 4 (Mansheim/Sunnybrook Area) and Cluster 6 (Alameda/Reid Area) are not included in this contract because they are included in two Council-approved $55 million CIP drainage projects: Mansheim Area Drainage Improvements (Cluster 4) and Lindale Subdivision Drainage Improvements (Cluster 6). ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase and it requires City Council approval. FUNDING: Funds to finance the proposed project are available in the FY 2004-2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Director of Engineering Services Additional Sul=oort Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit ~C" Location Maps (5) AGENDABACKGROUNDINFORMATION SUBJECT: Neighborhood Street Reconstruction (Project No. 6368) - BOND ISSUE 2004 PRIOR COUNCIL ACTION: 1. November 9, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 10, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) PRIOR ADMINISTRATIVE ACTION: 1. Auaust 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 3. Apd113, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). FUTURE COUNCIL ACTION: Approval of vadous construction contracts to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: 1) More detailed and standardized Subsudace Utility Engineering to include hydro- excavation to determine precise locations and utility classifications of public and pdvate utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. 2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs/upgrades prior to the street reconstruction. I EXHIBrr "A" Page 1 of 3 PROJECT DESCRIPTION: The proposed project provides for pavement reconstruction and/or repairs ol~ selected neighborhood streets to include removal and replacement of selected curb and gutter and sidewalk, ADA curb ramps, driveways and related improvements, The neighborhood street clusters include: CLUSTER ONE: Riverside Area (Behind Calallen Hlqh School) Teague Lane (Calallen Drive to Wildcat Drive) River Canyon Drive (Teague Lane to dead end past Exchequer) Paddlewheel Drive (River Valley to River Ridge) Exchequer Drive (River Canyon to River Valley) River Valley Drive (River Ridge to dead end past Exchequer) Dockside Circle (Exchequer Drive to dead end south) CLUSTER TWO: Nueces Bay/Buddy Lawrence Area Antelope (Nueces Bay Blvd to Stillman) Buffalo (Buddy Lawrence to IH-37) CLUSTER THREE: South Port / Greenwood Area Nimitz (Eisenhower to McArthur) Halsey (Eisenhower to McArthur) Montgomery (Eisenhower to McArthur) Guadalupe (Eisenhower to McArthur) Guadalupe (Sarita to Niagara) Nogales (Eisenhower to McArthur/Sarita to Crosstown) Presa (Eisenhower to McArthur/Sarita to Crosstown) Eisenhower (Nimi[z to Boliva) McArthur (Nimitz to Belton) Niagara (Bolivar to Guadalupe) CLUSTER FIVE: Holly / Kostorv-z Area Sylvan Crest (Crest Willow to Kostoryz) Crest Willow Drive (Crest Colony to Crest Veil) Crest Valley Cimle (Crest Pebble east past Crest Willow to end) Crest Veil Drive (Crest Willow to Crest Water) Crest Water Drive (Hill Crest to Kostoryz) Chinaberry Lane (Hill Crest to Blue Water) Seahawk Drive (Hill Crest to Blue Water) Hill Crest Ddve 0Nhite Bird to Crest Water) White Bird Drive (Elderberry to Kostoryz) Southern Sun Drive (Blue Water to end of street) Elderberry Lane (White Bird to Blue Water) Blue Water Drive (Elderberry to China Berry Drive) Crest Colony Lane (Crest Pebble to Sylvan Crest Drive) Crest Pebble Drive (Crest Colony to Crest Water) CLUSTER SEVEN: Nile Area Nile Drive (Pharaoh to SPID) IEXHIBIT "A" I Page 2 ol 3 Cluster 4 (Mansheim/Sunnybrook Area) and Cluster 6 (Alameda/Reid Area) are not included in this contract because they are included in two Council-approved $55 million ClP drainage projects: Cluster 4 is pad of the Mansheim Area Drainage Improvement Project, Phases 2A-6A (which received bids on May 4, 2005), and Cluster 6 is part of the Lindale Subdivision Phase I, Part B Drainage Improvement Project, which is under design. Construction for that project is planned after the completion of Phase I, Part A in Fall 2005. ADDITIONAL STREETS AND ALLEYS: There are four additional streets and four additional alleys which will be designed as part of the street reconstruction project but will be bid as an additive alternate to the base bid. The additional streets and alleys are: Cluster 3-South Port/Greenwood Area: Dunbar, Wainwright, Soledad and Bolivar Cluster 5-Holly/Kostoryz Area: there are four alleys located in this cluster that could be rehabilitated CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B." FINAL PRODUCT: Design, bid and construction sen/ices will result in street improvements. IEXHIBIT "A" J Page 3 ol 3 CONTRACT SUMMARY 1. SCOPE OF PROJECT: Neighborhood Street Reconstruction (Project No. 6368) BOND ISSUE 2OO4 This program provides for pavement reconstruction and/or repairs of selected neighborhood streets to include removal and replacement of selected curb and gutter and sidewalk, ADA curb ramps, driveways and related improvements. Neighborhood street clusters include: Cluster No. 1 2 3 5 7 Location: Riverside Area (behind Calallen High School) Nueces Bay / Buddy Lawrence Area South Port / Greenwood Area Holly / Kostoryz Area Nile Area *Cluster 4 (Mansheirn/Sunnybrook Area) and Cluster 6 (Alameda/Reid Area) are not included in this contract because they involve two Council-approved CIP drainage projects: Mansheim Area Drainage Improvements and Lindale Subdivision Drainage Improvements. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to pedorm professional services necessary to review and prepare plans, specifications, and bid and contract documents, in addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-l", to complete the project. 3, SCHEDULE DAY Wednesday Monday Fdday Monday Monday Monday Monday (2) Thursday Wednesday Weekday Weekday DATE May 18, 2005 August 8, 2005 August 19, 2005 September 19, 2005 September 26, 2005 October 3, 2005 October 17 & 24, 2005 October 27, 2005 November 9, 2005 January 2006 June 2007 ACTIVITY Begin Preliminary Phase Interim Submittal Design Memorandum (60%) City Review Pre-Final Submittal (100% Submittal) City Review Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion EXHIBIT "B" I Page 1 ot 2 4. FEES Basic ServiCes Preliminary Phase 2 Design Phase 3 Bid Phase 4 Construction Phase Subtotal Basic Services Fees Additional Services Permit Preparation (including Iees) A, TXDOT B. NPDES Permit/Amendments C, Texas Department o! Licensing & Regulation Total Permitting 2 Topographic Survey A. Bas~ Bid Streets B. Additive Alternate Streets 3 Wan'anty Phase 4 Public Meetings 5 Sanitary Sewer Investigation A. Televise Lines Al. Base Bid Streets A2. Additive Alternate B. Manhole Inspection B1. Base Bid Streets B2. Additive Alternate 6 Additional Streets 7 Hydro-Excavation Ior Utilib~ Investigation A. Base Bid Streets B. Additive Alternate Streets Subtotal Additional Services Fees Total Authorized Fee Street $206,000.00 126,700.00 5,000.00 39,000.00 376,700.00 2,200.00 1,100.00 1,300.00 4,600.00 85,500.00 11,350.00 1,900.00 0.00 0.00 0.00 0.00 41,300.00 0.00 0.00 159,650.00 Storm Water Water Wastewater Total $0.00 $0.00 $0.00 $206,000.00 0.00 0.00 0.00 126,700.00 0.00 0.00 0.00 5,000.00 0.00 0.00 0.00 39,000.00 0.00 0.00 0.00 376,700.00 2,200.00 1,100.00 1,300.00 0.00 0.00 0.00 4,600.00 0.00 0.00 0.00 85,500.00 0.00 0.00 0.00 11,350.00 0.00 0.0O 0.00 1,900.00 0.00 0.0O 0.00 15,000.00 0.00 0.00 82,500.00 82,500.00 0.00 0.00 43,200.00 43,200.00 0.00 0.00 10,500.00 10,500.00 0.00 0.00 2,600.00 2,600.00 0.00 0.00 0.00 41,300.00 0.00 0.00 33,000.00 33,000.00 0.00 0.0O 13,200.00 13,200.00 0.00 0.00 185,000.00 344,650.00 $0.00 $0.00 $185,000.00 $721,350.00 EXHIBIT "B" Page 2 of 2 File .H\HOl~,E\CarlosR\Gen2\2OO5\stufl Rachelle\exhCLUSTER MAPS. dwg N Ha~ Ba ~re RIVER CAN YON HILLWOOD CALALLEN HIGH SCHOOL F. M. 624 / / i',,;I CITY PROJECT No. 6368 VICINITY MAP NOT TO SCALE CLUSTER 1 RIVERSIDE AREA (North of Calallen High School) CiTY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY OF CORPUS CHRIS?], TEXAS OEPARTMENT OF ENGINEERING 5EIWICE5 PAGE: 1 of 5 OATE: 05-05-2005 File :H\HOME\CarlosR\Gen2\2OO5\stuff Rachelle\exhCLUSTER MAPS.dwg CITY PROJECT No. 6368 NUECES B U FFALO'~' LEOPARD STINA VICINITY MAP NOT TO -c-,CALE' EXHIBIT "C" CLUSTER - 2 BAY/BUDDY LAWRENCE AREA CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT OEPARTM£NT OF ENGINEERING SERVICES PAGE: 2 of 5 DATE: 05-05-200.5 N TDMHMR Corpus Christi State School CITY PROJECT NO. 6368 VICINITY MAP EXHZBIT "C" CLUSTER 3 SOUTH PORT/GREENWOOD AREA CITY COUNCIL EXHIBIT 'L~_, PAGE: 3 ot: 5 ~ _ File :H~HOME\Cc~rlosR~Gen2\2OOS~s[uf! Rachelle~exhCLUST£R MAPS'.dwg / Corpus~ Christi/'~ Minor/ Cres Park//'/ N VICINITY MAP CITY PROJECT NO. 6368 EXHIBIT "C" NOT TO SCALE CLUSTER 5 c,~. o~ coR*us CHR,,T,. TE~ ~ DEPARTMENT OF ENGINEERINGSERVICE5 HOLLY/KOSTORYZ AREA PA~E: 4 o~' 6 CI~ OF CORPUS CHRISTI, TE~S DATE: 05-05-2005 ~ File :H~HOME\CorlosR\Gen2\2OO5~stuff Rochelle\exhCLUSTER MAPS.dwg Pork Lexin-g Park P.~ o h Valley Country Club~ N CITY PROJECT No. 6368 VICINITY MAP NOT TO SCALE EXHT_BT_ T "C" CITY COUNCIL EXH~TBIT ~ CLUSTER - 7 OEPARTMENT OF ENGINEERING SERVICES NT_LE DRIVE AREA PAGE: 5 of 5 __----- CI?~ OF CORPUS CHRISTI, TEXAS DATE: 05-05-2005 ~ ORDINANCE APPROPRIATING $536,350 FROM CITY HALL CIP FUND 3'160, TRANSFERRING TO AND APPROPRIATING IN STREET ClP FUND 3530 FOR THE NEIGHBORHOOD STREET RECONSTRUCTION PROJECT; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE 026188 BY INCREASING APPROPRIATIONS BY $1,072,700; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $536,350 is appropriated from the City Hall CIP Fund 3160, and transferred to and appropriated into Street CIP Fund 3530 for the Neighborhood Street Reconstruction Project. SECTION 2. That Ordinance No. 026188 which adopted the Capital Budget is amended by increasing appropriations by $1,072,700. 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 bNo 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 Approved May 6, 2005 By: ~"~ ~ Lisa A~uilar Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Chdsti, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garda Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 10, 2005 AGENDA ITEM: Resolution authorizing execution of agreement with Fdends of the Parks, Inc. regarding Memorial Tree and Bench Program. ISSUE: The Memorial Tree and Bench Program is being proposed by Friends of the Park, Inc., a Texas nonprofit corporation, as a service to the Corpus Chdsti Parks and Recreation Department. This program will allow donors to contribute funds to the Friends of the Parks, Inc. for the purchase of trees or benches, for placement in City parks. Through contributions, all aspects of the Memorial Tree and Bench Program will be funded - including installation costs, tree purchase, bench purchase, concrete pads, and memorial plaque purchase. REQUIRED COUNCIL ACTION: Council must approve all agreements. PREVIOUS COUNCIL ACTION: A presentation was given to the City Council on 9/28104 concerning Friends of the Park, Inc. Plans for the Memodal Tree and Bench Program were introduced at that time. FUNDING: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of the agreement with Fdends of the Park, Inc. for the Memorial Tree and Bench Program. Sp aallr!kYsG~d ~eDcirre~ ation Attachments: Background Information Presentation from the 9/28/04 Council meeting BACKGROUND INFORMATION Friends of the Park, Inc. is a Texas 501 (c)(3) non-profit corporation devoted to improving our parks for the benefit of our neighborhoods, families and the public. Their mission is to improve City parks for the community so that Corpus Christi is known for its great parks and enhanced quality of life. Completed projects include: North and South Pope Park; Cliff Maus Village playground; Billish Park; and, Arbor Day 2004. I:hen¢ls ot the Parks WHO WE ARE Friends of the Parks, Inc. is a tax-deductible 501 (c)(3)* non-profit corporation devoted to improving our parks for the benefit of our neighborhoods, families and the public. MISSION Our mission is to improve City parks for our community so that Corpus Christi is known for its great parks and enhanced quality of life. [',,lends ot the P,r~ffi ~ Completed Projects to Date North and South Pope Parks Billish Park 2 North and South Pope Parks ,t. lr Billish Park I-'~'ie,cls o{ the I~m'.~ ¢ Current Projects Louisiana Parkway Revitalization Project Arbor Day Tree Planting 2004 Memorial Tree and Bench program Memorial Trees · Cost for individual tree & planting is 250.* · Tree size is approximately 6 - 8 feet tall. · Trees to be planted between November and February. · Donations under $250* will go toward planting a grove of trees. * Includes mark-up for admmisffative costs. 4 Memorial Park Benches Made of recycled durable material. 6 feet in length. Easy to clean. Cost is $800.00 to $1500.00.* * Includes nkark-up £o'r adminisixativc COS[S. Recently Installed Memorial Bench in North Pope Park Ill 5 What City resources will we use? · "ln-kind services" of tree planting. · Irrigation assessment of tree planting sites. · Permission to act as administrator for memorial program_ · Announcement of memorial program on utility bill stuffer with check-off on bill to donate to the program. · Installation, but not purchase of, concrete pads for memorial benches. · Installation of memorial benches Mission Our mission is to improve City parks for our community so that Corpus Christi is known for its great parks and enhanced quality of life. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH FRIENDS OF THE PARKS, INC REGARDING MEMORIAL TREE AND BENCH PROGRAM Whereas, the vision of the Friends of the Parks, a Texas nonprofit corporation, is "Green, lush, tree laden parks that are safe havens for rest and recreation"; and Whereas, Friends of the Parks focus on local efforts to promote the development of City parks for our communities in a way that improves the environment, attractiveness and functionality of parks to meet the diverse needs of the community; and Whereas, Friends of the Parks emphasizes trees through a Memorial Bench and Tree program; and Whereas, all the trees to be planted through the Memorial Bench and Tree program will be determined by the Parks and Recreation Department and must be 1%" to 2" caliber with available irrigation systems; and Whereas, the cost of the memorial benches through the Memorial Bench and Tree program shall include the concrete pad, constructed in compliance with applicable Federal, State and Local laws and regulations, and shall be reimbursed to the Parks and Recreation Department; and Whereas, parks build cooperation, a strong sense of commupity, pdde and respect and responsibility, and empowers the neighborhoods to be active participants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi endorses and supports the efforts of Fdends of the Parks in cooperation with the Parks and Recreation Department in the Memorial Bench and Tree Program and the organization of neighborhood associations for park development. The City Manager is authorized to execute an Agreement with the Friends of the Parks, Inc. for the Memorial Bench and Tree Program. The agreement is attached as Exhibit A and a copy is on file with the City Secretary. Al-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: "~'-day of By: Lisa Aguil~ Assistant City Attorney for City Attorney Henry Garrett Mayor ~/ ,2005. May 10 2005 Friends of the Park MOU DOC Page 1 of 4 AGREEMENT between CITY OF CORPUS CHRISTI and FRIENDS OF THE PARKS, INC. regarding MEMORIAL TREE AND BENCH PROGRAM Whereas, the Fdends of the Parks, a Texas nonprofit corporation with mailing address of P.O. Box 2993, Corpus Christi, Texas, 78403, has proposed a Memorial Tree and Bench Program as a service to the Corpus Chdsti Parks and Recreation Department; Whereas, the Memorial Tree and Bench Program ("Memorial Program") allows donors to contribute funds to the Fdends of the Parks, for purchase of trees or benches, for placement in City parks; Whereas, through the Memodal Program, tree planting will occur between November and February; Whereas, donations less than the cost of a tree and planting shall be accumulated to purchase a grove of trees; Whereas, price for memorial park benches and installation shall be determined by the Parks and Recreation Department; Now, therefore, this Agreement regarding a Memodal Bench and Tree Program is executed this day of , May 2005, between the City of Corpus Chdsti, Texas, ("City") and the Friends of the Parks, a Texas nonprofit corporation. The City and Friends agree as follows: A. Friends of the Parks shall: 1. Develop a Memodal Tree and Bench Program donation program for the community and businesses, whereby donations shall be used for purchase of memodal trees and benches to be placed in City parks, and the operational costs of the Friends of the Parks in administering the Memodal Program. 2. Utilize donated funds to purchase trees 1¼" to 2" caliber in a species specified by the City Director of Parks and Recreation Department or designee. 3. Agree that tree plantings and bench installations shall only take place in the parks predetermined by the Director of Parks and Recreation Department or designee. 4. Utilize donated funds to purchase benches as approved by the Parks and Recreation Department. 5. Provide funding for all aspects of the Memorial Program, including installation costs, concrete pads, tree purchase, bench purchase, memorial plaque purchase. 6. Provide replacement funding from donors for any trees or benches damaged by weather, disease or vandalism; 7. Assist neighborhood groups with development of park issues and master plans. 8. Coordinate programs with the Parks and Recreation Advisory Board. 9. Expand programs and services as Friends of the Parks membership increases through mutual agreement of the Parks and Recreation Department and Friends of the Parks. 10. Keep the donor(s) informed of the status of their memorial tree or bench, and present written quarterly notification to donor of project completion. 11. Provide the City Director with a quarterly statement of total funds donated for the Memorial Program. t-]:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~005~05-10-05\Memorial Tree & Bench MOU - May 2005.doc Page 2 of 4 B. The City, acting through the City Director of Parks and Recreation Department or designee, shall: 2. 3. 4. 5. 6. 7. Administer the Memorial Program. Determine the location of parks that are available for tree plantings. Plant trees. Perform Irrigation assessment of tree planting sites. Provide water for plant development. Install memodal benches and concrete pads. When neighborhoods call to develop a park, the City shall refer them to Friends of the Parks for assistance. Assist with Master Planning for neighborhood park development. Keep Fdends of the Park President informed of memodal tree and bench installation dates. C. Implementation. The City Manager and President of the Fdends of the Parks are authorized and directed to take all steps necessary or convenient to implement this Agreement. D. Administrative Services. The City and the Fdends of the Parks agree to provide administrative services necessary to coordinate this Agreement, including providing the other party with a current list of contact information for each party. E. Expendinq Funds. Any payment made by the City for any of the costs or expenses that the City incurs pursuant to this Agreement shall be made out of current revenues available to the paying party. F. Term. Once approved by all Parties, the term of this Agreement is May 1,2005 through April 30, 2006. This Agreement may be continued for up to five additional one year terms. However, this Agreement may be terminated with or without cause upon thirty days wdtten notice to the other party. G. Severability. If any portion of this Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. H. Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. I. Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Pady. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 H:\PR-DIR\SHARED~,GENDA ITEMS\Council Meetings~005\05 10-05\Memorial Tree & Bench MOU - May 2005.doc Page 3 of 4 To the Friends of the Parks, Inc.: At-tn: President Sandra Billish P.O. Box 2993 Corpus Christi, Texas 78403 J. Amendments or Counterparts. This Agreement may not be amended except by written Agreement approved by the City Manager and the President of the Friends of the Parks. This Agreement may be executed in one or more counterparts, each of which shall be deemed an odginal and all of which shall constitute but one and the same instrument. K. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. L. Goveminq Law and Venue, This Agreement shall be govemed by the laws of the State ct' Texas. Venue for an action adsing under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. M. Approval. All Parties identified below agree to the provisions and terms of this Agreement. FRIEND ~,~C)F THE PARKS, INC. Sa~dra Billish ~" ~ President Date: '~¢~, CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Attest By: __ Armando Chapa City Secretary Approved as to legal form: 2005 By: Lisa Aguilar Assistant City Attorney for City Attorney ACKNOWLEDGEMENT H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~005\O5-10-O5\Memodal Tree & Bench MOU - May 2005,doc STATE of TEXAS COUNTY OF NUECES Page 4 of 4 TI2is instrument was acknowledged before me on the ,L~HL~ day of May, 2005 by ~,¢~¢~_,~ q~_~ ~ , President of Friends of the Parks, a Texas nonprofit corporation, on behalf of said corporation. Notary Public, State of Texas Name: F~_ My Commission expires: Stab of Texas H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~2005\05-10-05\Memodal Tree & Bench MOU - May 2005,doc 13 AGENDA MEMORANDUM May 10, 2005 AGENDAITEM: Motion approving the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement with Airy Enterprises, owner and developer o[ Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road for the installation of 717 linear feet off-site, 18-inch PVC sanitary sewer gravity trunk line along Slough Road be[ween Aidine Road and Rodd Field Road; and Ordinance appropriating $226,000.00 from the Sanilary Sewer Trunk System Trust Fund No. 540450-4220 to pay Alty Enterprises for the installation of 717 linear feet off-site, 18-inch PVC sanitary sewer trunk line as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement to develop the Greystone Unit 1 subdivision and declanng an emergency. ISSUE: Alty Enterprises, owner and developer of proposed Greystone Unit 1subdivision, will start the installation of 717 linear feet, off-site, 18-inch PVC sanitary sewer gravity trunk line along Slough Road be[ween Aidine Road and Rodd Filed Road once the City Council approves the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement and funds to pay for said installation are encumbered from the Sanitary Sewer Trunk System Trust Fund in compliance with Ordinance No.025424. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit 8-1 Exhibit C Exhibit D 'B;.~. B/.,,p~J~y, AICP DireCt'bt of Development Services Background Information Area Map Location Map 18" Sanitary Sewer Trunk Line Cost Estimate Calculations Sanitary Sewer Trunk Line Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Master Sanitary Sewer Plan for Southern Portion of Corpus Christi, adopted by Ordinance No. 17743 (July 1983) depicts a 15-inch sanitary sewer gravity trunk line along Slough Road extending eastedy from Aidine Road for a distance of 3,300 feet to a terminal point near Cayo Del Oso. (see Exhibit B). Current and future residential development have made it necessary, based on engineering studies, to increase the capacity of the sanitary sewer gravity trunk line along Slough Road from the adopted 15- inch to an 18-inch line to serve the area east of Rodd Field Road and north of Master Ditch 31. AIty Enterprises Inc., owner and developer of Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road has agreed to install an 18-inch sanitary sewer trunk line beginning at Airline Road extending eastedy along Slough Road for a distance of 717 linear feet, in accordance with the Sanitary Sewer Master Plan for Southern Portion of Corpus Christi, to serve his development. (see Exhibit B-I) In accordance with the reimbursement criteria in the Platting Ordinance, the developer of Greystone Unit 1 subdivision is eligible for reimbursement if the cost of installation of the sanitary sewer trunk line is greater than the lot/acreage fee. The developer has submitted construction costs for the installation of 717 linear feet off-site, 18-inch PVC sanitary sewer trunk line with a total cost of $226,000.00 which is greater than the lot/acreage fee of $23,904.35. Reimbursement would be payable upon completion and acceptance of the sanitary sewer trunk line work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $226,000.00. RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as IExhibit A Page 1 of 1 RANCHO VISTA SUB'D. AREA MAP IExhibit B PROPOSED SANITARY SEH~'R SERVICE A~EA BOUNDARY ~PR~O~ ~IT~Y /~ ~R~ 328~ A~ES _i~llll,illll(llllI YORKTOWN BOULEVARD SANITARY SEWER LINE EXHIBIT B-I REIMBURSEMENT REQUEST ESTIMATE FOR GREYSTONE SUBDIVISION 5/2~005 Job No. 39779.A4.01 Of=F-SITE SANITARY 8L=WER TRUNK M/MN REIMBURSEMENT ESTIMATE (FROM AJRUNE TO EAST 91DE OF ROD{) FIELD) A QUANTITY QUANTITY + UNIT UNIT TOTAL 10% COST GRAVITY TRUNK MAIN 1 Connect to Exist. 18' Stub-out (SPA 30) 1 I LS $3,000.00 2 18" PVC SDR 26 (1Z-14') 512 563 LF $100.00 3 18" PVC SDR 26 (14'-18') 205 226 LF $120.00 4 5' Dia. MH 1 1 EA $10,000.00 5 4' Dia. MH 2 2 EA $3,500.00 6 OSHA Trenc~ ProtectJo~ 717 789 LF $2..00 7 Well Pointing, Dewatering (As-Req'd) 717 789 LF $22.00 8 30" RCP Casing 154 262 LF $80.00 $5,000.00 $56,320.00 $27,06O.00 $10,000.00 $7,000.00 $1,577.40 $17,351.40 $12,144.00 GRAVITY TRUNK MAIN SUB-TOTAL $136,452.80 B MISCELLANEOUS ITEMS 1 Ston'n Water Pollution Prevention Plan 1 1 LS $750.00 $750.00 2 Construction Silt Fenc~ 1 1 LS $1,750.00 $1,750.00 3 Stabilzled Construction Entrance 1 1 LS $600.00 $600.00 4 General Conditions/Bonds/Insurance 1 1 LS $12,500.6O $12,500.00 5 Traffic Control 1 1 LS $10,000.00 $10,000.00 6 Concrete Paving Repair 1 1 LS $3,000.00 $5,000.00 MISCELLANEOUS ITEMS SUB-TOTAL CONSTRUCTION 8UB-TOTAL $167,052.80 C ENGINEERING & ADMINISTRATION I Engineering ~ 7.5% 2 Geo~echnicat Report 3 Construction Surveying ~ 3% 4 Construction Admln. ~} 2% 5 Land Acquiatiort/Easemerl~ $12,528.96 $2,500.00 $5,011.56 $3,341.06 $15,06O.00 ENG. & ADMIN. SUB-TOTAL $38,381.60 TOTAL CONTINGENCIES ~ +/-10% $20~,434.40 $20,565.6O 100% Reimburseable as trunk main extension - Grand To'mi $22~,000.00 Page 1 EXHIBIT C SANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Chdsti ("City"), a Texas home- rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and AlLy Enterprises Inc., ("Developer"), 2258 Richland Drive, Corpus Christi, Texas 78418 WHEREAS, the City's Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi adopted by Ordinance No. 17743 (July 1983) requires the construction of a 15- inch Sanitary Sewer Gravity Trunk Line along Slough Road extending eastedy from Aidine Road for a distance of 3,300 feet to a terminal point near Cayo Del Oso and that the proposed Sanitary Sewer Gravity Trunk Line design and construction plans submitted by AlLy Enterprises Inc., to install 717 linear feet of an 18-inch Sanitary Sewer Gravity Trunk Line along Slough Road between Airline Road and Rodd Field Road is consistent with the Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi; WHEREAS, it is to the best interest of the City and the Developer for the installation of 717 linear feet of 18-inch Sanitary Sewer Gravity Trunk Line be in its permanent sizing and location as specified in the Master Sanitary Sewer Plan for Southern Portion of Corpus Christi; and WHEREAS, it is essential that the 18-inch Sanitary Sewer Gravity Trunk Line be constructed in connection with Greystone Unit 1 Subdivision development, (Exhibit 1). NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 717 linear feet of an 18-inch Sanitary Sewer Gravity Trunk Line along Slough Road beginning at Airline Road and extending it easterly to Rodd Field Road in compliance with the City's Master Sanitary Sewer Plan under the plans and specifications approved by the City Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the construction of the Sanitary Sewer Gravity Trunk Line as shown in the attached schematic Layout, (Exhibit 2), with the following basic design: SANITARY SEWER TRUNK LINE (a) Install approximately 717 linear feet of 18-inch Sanitary Sewer Gravity Trunk Line. The sanitary sewer Gravity trunk line will start at. the stub out at the south east corner of Airline Road and Slough Road and end at a manhole east of Rodd Field Road. (b) Install two (2) 4-feet manholes. © Install one (1) 5-feet manhole. (d) 717 feet Well Pointing, Dewatering (e) 184 linear feet of 30-inch RCP Casing. (f) 717 liner feet of OSHA Trench Protection (g) Before the Developer starts construction, plans and specifications for the Sanitary Sewer Gravity Trunk Line must be approved by the City's Director of Engineering Services. SITE IMPROVEMENTS a. Pdor to construction of the Sanitary Sewer Gravity Trunk Line, Developer shall acquire and dedicate to the City the required additional street right-of-way or utility easements. PLA'FI-lNG FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the construction of the Sanitary Sewer Gravity Trunk Line, under the approved plans and specifications, by May 31, 2006. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 18-inch diameter Sanitary Sewer Gravity Trunk Line improvements, not to exceed $226,000.00 See attached cost estimate, (Exhibit 3). b. The City further agrees to propedy reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no latter than 30-days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ('lndemnitees') from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this [INFRASTRUCTURE] construction. Developer further agrees, in compliance with the City or Corpus Chdsl[i Ordinance No. 17112, to complete, as part ol~ this Agreement, the Disclosure ol~ Ownership interests [orm attached hereto as (Exhibit 4). This agreement becomes effective and is binding upon and shall insure to the benefit of the City and Developer, and their respective heirs, successors, and assigns [rom and after the date or execution. EXECUTED IN DUPLICATE originals, this DEVELOPER: ~---'~ou~s Airy, President Airy Enterprises Inc., a Texas Corporation 2258 Richland Drive Corpus Christi, Texas 78418 THE STATE OF TEXAS COUNTY OF NUECES This instrumenl[ was acknowledged before me on Louis Airy, President, Ally Enterprises Inc.. ~ dayof I~A~ ,2005. .................. Pa~e B~eak ....................................... ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager APPROVED: ~ day of ~,q~ ,2005 Joseph 'H~rney% Assistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City of Corpus Chdsti, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 0 9 -1111111111111111illlll -- YORKTOWN J ~GREYS TONE SUBDI VISIOI~ BOULEVARD RANCHO VISTA SUB'D. LOCATION MAP EXHIBIT 1 PR~O~D SANITARY ~WER ~R~IC~ AREA BOUNDARY YORKTOWN BOULEVARD SANITARY SEWER LINE '"~ EXHIBIT 2 REIMBURSEMENT REQUEST ESTIMATE FOR GREYSTONE SUBDIVISION 4/27/2005 Job No. 39779.A4.01 F-StTE SANITARY SEWER TRUNK MAIN REIMBURSEMENT ESTIMATE IOM AIRUNE TO EAST SIDE OF RODD FIELD) QUANTITY QUANTITY + UNIT UNIT 10% COST GRAVITY TRUNK MAIN I Connect Io Exisl. 18" Stub-ou~ (SPA 30) 1 1 LS $5,OO0.00 2 16" PVC SDR 26 (12'-14') 512 / 563 LF $100.00 3 18" PVC SDR 26 (14'-16') 205 226 LF $120.00 4 5' Dia. MH 1 I EA $10,000.00 5 4' Dia. MH 2 2 EA $3,500.00 6 OSHA Trench Protection 717 789 LF $2.00 7 Well Pointing, Dewatedng (As-Req'd) 717 789 LF SZ2.OO 8 30" RCP C, as~ng 184 202 LF $60.00 TOTAL $S,OOO.OO $56.320.00 $27.060_00 $10,000.00 $7,OOO.OO $1,577.4O $17,351.40 $12,144.00 GRAVITY TRUNK MAIN SUB-TOTAL $136,452.60 MISCELLANEOUS ITEMS I Storm Water Pollution Prevention Plan 2 Construction S~lt Fence 3 Stabflzied ConstnJction Entrance 4 General Conditlons,~ond~lnsumnce 5 Traffic Control 6 Concn~e Paving Repair I 1 LS $750.OO I 1 LS $1,750.OO 1 I LS $800.00 I I LS $12,500.OO 1 1 LS $10,OO0_00 1 1 LS $5,O0O.OO $750_OO $1,750.00 $600.OO $12,500.00 $10,OO0.00 $5,OO0 MISCELLANEOUS ITEMS SUB-TOTAL CONSTRUCTION SUB-TOTAL $167,052.80 ENGINEERING & ADMINISTRATION 1 Engineering ~ 7.5% 2 Geotect~nical Report 3 Construction Surveying ~ 3% 4 ConstrucUo~ Admln. ~ 2% 5 Land AcqulsUon/Easemenls $12,528.9~ $2,500.00 $5,011.58 $3,341.06 $15,OO0.00 ENG. & ADMIN. SUB-TOTAL $38,381.60 TOTAL CONTINGENCIES ~ +/-10% $205,434.40 $20,565.60 100% Reimburseable as ~runk main extension - Grand Total PRELIMINARY COST ESTIMATE EXHIBIT 3 CITY OF CORPUS CHRISTI 01SCLOSURE OF INTERESTS Ci'ty,of Corp,us Christi Ordinance 17112, as amended, requires all persons c~ fin'ns seeking to do business with Ihe City to' provide the followij~ informaLion. ,~Every queslJon must be answered, tf the ques§on is not applicable, answe~ with 'NA'. FIRM is: 1, Coqgoration [] 2. Partnership [] 3. So~e Owner [] 4. Ass°C'Jation [] 5- Other [] ................................. w ................................................................... : .............................. DISCLOSURE QUESTIONS If addilional space is necessary, please use the reverse side o[ [his page or attach separale sheeL 1. State Ihe names of each "employee" o! the City of Corpus Chrisll having an "ownership Inleresl" constituting 3% or more of the ownership In the above named "firm". Name Job Trite and Cit7 Department {if known) State the names o! each "o~ficial" of the City o! Corpus Christi having an "ownership Interest" constituting or more of the ownership In the above named "firm". Name TifJe Stale the names DJ each 'board member" of the City o[ Corpus ChrislJ having an "ownership interest' constituting 3% or more o1' the ownership in Ihe above named 'firm': Name Board, Commission or Commitlee Slale the names of each employee or off~cer ol a "consullanl" for Ihe City of Corpus Christi who worked on any matter related Io Ihe subjecl of Ihis contract and has an "ownership interesl" constituting 3% or more of the ownership In the above named "firm". Name Consultanl CERTIFICATE I cedihj thai all in[orma[ion provided is, true and correct as ol the dale oi' lhis slalemenl, thai I have not knowingly wilhheJd disclosure of any informa[/jeh~equesled; and Ihat supplemental statements will be promptly submitted ID the City of Corpus Chrisli, Texas as/ch,~hges occur, ~ (Type or Pnni) ~,/ Signs,ute of CerliB/ing Person ................................................. Dale:....~?...~.../~:~.~.~./...~?~ ................... EXHIBIT 4 AN ORDINANCE APPROPRIATING $226,000.00 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY ALTY ENTERPRISES FOR THE INSTALLATION OF 717 LINEAR FEET OFFSITE 18-INCH PVC SANITARY SEWER TRUNK LINE AS SPECIFIED IN THE SANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP THE GREYSTONE UNIT 1 SUBDIVISION; SUBJECT TO APPROVAL OF THE MASTER PLAN AMENDMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $226,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 4220 is appropriated to pay Alty Enterprises' reimbursement request for the installation of 717 linear feet offsite 18-inch PVC sanitary sewer trunk line to develop the Greystone Unit 1 subdivision, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the nccd 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 shall take effect upon first reading as an emergency this the 10th day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Cib/Secretary ~c~,0 '~ 2005. APPROVED ~ , Joseph Assistant City Attorney For City Attorney Henry Garrett Mayor Ord-appr-AltyTrunk-ss Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison John E. Marez Jesse Noyola Mark Scott Ord-appr-AltyTrunk-ss 14 AGENDA MEMORANDUM May 10, 2005 AGENDAITEM: Motion approving The Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Ally Enterprises Inc., owner and developer of Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road [or U~e installabon of 560 linear feet off-site, over-depth sanitary sewer collection line along Slough Road between Rodd Field Road and the west property line of Greystone unit 1 subdivision; and Ordinance appropriating $126,000.00 [rom the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 to pay Alty Enterprises Inc., for the installation of 560 linear feet of an off-site, over-depth 18-inch PVC sanitary sewer collection Fine as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Greystone Unit 1 Subdivision; and declaring it an emergency. ISSUE: Alty Enterprises Inc., owner and developer o[ proposed Greystone Unit 1subdivision, will start the installation of 560 linear feet, off-site, over-depth 18-inch PVC sanitary sewer collection line along Slough Road between Rodd Filed Road and future Greystone Ddve once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and funds to pay for said installation are encumbered [rom the Sanitary Sewer Collection Trust Fund in compliance with Ordinance No.025424. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. A~-FACHMENTS: Exhibit A. Exhibit B Exhibit B-1 Exhibit C Exhibit D ~ B,f'.'.A;~iley, AICP Di~tor oi: Development Services Background information Area Map Location Map 18" Sanitary Sewer Collection Line Cost Estimate Calculations Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Master Sanitary Sewer Plan for Southern Portion of Corpus Christi, adopted by Ordinance No. 17743 (July 1983) depicts a 15-inch sanitary sewer gravity trunk line along Slough Road extending eastedy from AiHine Road for a distance of 3,300 feet to a terminal point near Cayo Del Oso. (see Exhibit B). Current and future residential development have made it necessary, based on engineering studies, to increase the size of the sanitary sewer line along Slough Road from the adopted 15-inch to an 18-inch line to serve the area east of Rodd Field Road and north of Master Ditch 31. AIty Enterprises Inc., owner and developer of Greystone Unit 1 subdivision located south of Slough Road east of Rodd Field Road agreed to install 560 linear feet of an 18-inch off- site, over-depth sanitary sewer collection line along Slough Road between Rodd Field Road and Future Greystone Drive, in accordance with the Sanitary Sewer Master Plan for Southern Portion of Corpus Christi, to serve his development. (see Exhibit B-l) In accordance with the reimbursement criteria in the Platting Ordinance, the 19.72 acre development of Greystone Unit 1 subdivision is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off-site pipe diameter in inches by the fee value of the property. The acreage fee value of the property is $23,904.35 and the average pipe diameter in inches is 18-inches. Therefore, the maximum reimbursement is ($23,904.35 X 18) X 50% = $215,139.15 The developer has submitted construction costs for the installation of 560 linear feet, 18- inch PVC sanitary sewer collection line with a total cost of $126,000.00. This amount is less than the maximum amount permitted by the Platting Ordinance (See Exhibit D) for calculation details. Reimbursement would be payable upon completion and acceptance of the sanitary sewer trunk line work with the actual reimbursement to be determined based on the actual cons[ruction cost and not to exceed $126,000.00. RECOMMENDATION: presented. Staff recommends approval of the mo[ion and ordinance as Exhibit A 1 Page 1 of 1 RANCHO VISTA SUB'D, LOCATION MAP Page I of 1 YORKTOWN BOULEVARD SCHEMATIC LAYOU1 OF SANITARY SEWER LINE EXHIBIT B-1 OFF-81TE SANITARY 8EWER COLLECTION MAJN REIMBURSEMENT ESTIMATE (FROM RODD FIELD TO GREYSTONE 8UBDflP, SION) A GRAVITY COLLECTION MAIN 1 18' PVC SDR 26 (1Z-14') 2 18" PVC SOR 26 (10'-1Z) 3 4' Dia. MH 4 OSHA Trench Protection 5 Wall Pointing, Dewatedng (As-Req'd) QUANTITY QUANTITY + UNIT UNIT 10% COST 278 3O4 LF $1 284 312 LF $80.00 2 2 EA $3,5{X).00 700 770 LF $2.00 700 770 LF $22.00 GRAVITY COLLECTION MAIN SUB-TOTAL B MISCELLANEOUS ITEMS 1 Strum warm' Pollution Pmvontlon Plan 2 Construction Slit Fence 3 S{abilzled Constructkm Entrance 4 General Coflclitions/Bonda/lnsurance 5 Traffic Cor~ol 1 1 LS $750.00 1 1 LS $1,750.00 1 1 LS $800.00 1 1 LS $12,500.00 I I LS $10,000.00 MISCELLANEOUS ITEMS SUB-TOTAL CONSTRUCTION SUB-TOTAL C ENGINEERING & ADMINISTRATION 1 Engineering ~ 7.5% ENG. & AD. IN. SUB-TOTAL TOTAL CONTINGENCIES ~ +/-10% GRAND TOTAL Reimbursement based on calculation fo~ collection mains. (see attached) 5/2/2OO5 Job No. 39779.A4.01 TOTAL $30/360.00 $24,992.00 $7,000.00 $1,540.00 $16,94.0.00 $80,832.00 $750.00 $1,750.00 $600.00 $12,500.00 $10,000.00 $25,600.00 $7.982.40 $7,~82.4~ $114,4t4.40 $11,5~5.60 Page 2 EXHIBIT C SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Alty Enterprises Inc., ("Developer"), of 2258 Richland Drive, Corpus Christi, Texas 78418 WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 19.77 acres called Greystone Unit 1 subdivision located on the south side of Slough Road east of rodd Field Road, as shown on the attached Exhibit 1. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the off-site, over-depth portion of' the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the off-site, over- depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the Southern Area of Corpus Christi, 1983 as amended by Ordinance No. 17743. NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and speci[ications approved by City Engineer. EXHIBIT D 2. PLANS AND SPECIFICATIONS A. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the offsite, over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (I) OFF-SITE, OVER-DEPTH SANITARY SEWER COLLECTION LINE- SLOUGH ROAD. i. Install approximately 560 linear-feet of 16 inch PVC pipe. ii. Install two (2) manholes, 4 feet in diameter. iii Crushed stone embedment for pipe. iv. Well Pointing (As required). v. OSHA trench protection. B. Before the Developer starts construction, the plans and specification for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City any required additional street right-of-way or utility easements. 4. PLATI'ING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Sanitary Sewer Collection Line, under the approved plans and specifications, by May 31,2006. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 18-inch diameter Sanitary Sewer Collection Line improvements, not to exceed $126,000.00 See attached cost estimate, (Exhibit 3). b. The City further agrees to properly reimburse the Developer on a monthly basis and upon invoicing for work performed. Such reimbursement shall be made no latter than 30-days from the date of the invoice. Developer is to submit all required performance bonds and proof of required insurance in accordance with applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. Page 2 of 4 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") from all suits, actions, or claims and from afl liability for any and afl injuries or damages sustained by any person, including without fimitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Collection Line construction. 8. Developer fudher agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this ~ day of ~"~l~&( DEVELOPER: Airy Enterprises Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on f'/~l~ Louis Airy, President of Airy Enterprises Inc., as owner/developer. No, jaw Public, f Tex~s ,2005. ,2005, by Page 3 of 4 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager Approved as to form only ~.-~%~ ~ ,2005 Assistant City Attorney For City Attorney THE STATE OF TEXAS COUNTY OFNUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City of Corpus Chdsti, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 4 or 4 GR£Y~TONE SUBDIVISlOI4t YORKTOWN BOULEVARD RANCHO VISTA SUE'D, LOCATION I~AP PROPOSED SANITARY ~ .SERVICE AREA BOUNDARY SCHEMATIC LAYOU'~ OF SANITARY SEWER LINE F,X' ItlRIT ?, CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Ci'ty,ol' Corpus Christi Ordinance 17112, as amended, requires all persons or i~rrr~ seeking to do bu~ness with the City LO' provide the foHowi~ intormation./JEvery question must be answered. If the question is not applicable, answer win "NA'. FIRM NAME:-.-.'=-~:?,-~c~.,..~.--4.,,--.~..~{--,~.. ....................................................................................................................... STREE'r: ....... ........... .... aP: FIRM Is: 1- Corporaliofl [] 2. Partnership [] 3. Sole Owner [] 4. Association [] 5. Other E) .................................... v .................................................................................................... DISCLOSURE QUESTIONS ii' additional space is necessary, please use the reverse side of b~is page or attach separate sheet. 1. State the names of each "employee" of the City ol' Corpus Christi having an "ownership Interest" constituting 3% or more o! Ihe ownership In the above named ~flrm". Name Job Title ar,:l City Departmsnt (if known) State the names o! each "o['ficlal" of the City of Corpus Christi having an "ownership Interest" constituting or more of the ownership in the above named "firm'. Name TI!h9 Slale the names ot each 'board membeC of the City oi' Corpus ChdstJ having an 'ownership interest' constituting 3% or more o1' the ownership in the above named Name Board, Commission or Committee State Ihe names of each employee or o[ficef of a "consullant" for the City of Corpus Christi who worked on any mailer related to Ihe subjecl of this contract and has an "ownership interest" constllutlng 3% or more o1' the ownership In the above named "firm". Name Consultanl CERTIFICATE I cedify thai all in~'ormaIion provided is. true and correcl as o[ Ihe date oi' this sla{ernenl, thai I have nol knowingly wiIhheld disclosure of any informa[/jen~equesled; and thai supplemenlal s[e[emenIs will be promptly submitled [o the Cib/ o[ Corpus Christi, Texas a.~ch, ahges occur. ~ (lype or Pdn[) EXHIBIT "3" AN ORDINANCE APPROPRIATING $'126,000.00 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450-4220 TO PAY AL'rY ENTERPRISES FOR THE INSTALLATION OF 560 LINEAR FEET OF AN OFFSlTE, OVERDEPTH 18-INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP THE GREYSTONE UNIT 1 SUBDIVISION; SUBJECT TO APPROVAL OF THE MASTER PLAN AMENDMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $126,000.00 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 is appropriated to pay Alty Enterprises' reimbursement request for the installation of 560 linear feet offsite, overdepth 18-inch PVC sanitary sewer collection line to develop the Greystone Unit 1 subdivision, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 10th day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: APPROVED ~//~ 5J Joseph ~mey ~ Assistant City Attorney For City Attorney Henry Garrett Mayor ,2005 Ord-appr-AltyCollct-ss Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsfi, 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: lANe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garret't, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Ord-appr-AltyCollct-ss 15 AGENDA MEMORANDUM May 4, 2005 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Hogan Development Company,bP. in the amount of $80,988.00 for the construction of public concrete sidewalks along Calgary drive, Las Brisas Street, Whirlwind Street, Baflovento Street, Calma Street and Ventoso Sb-eet within the Los Vientos at Terra Mar Unit 1 Subdivision located south of Wooldridge Road, west of Cayo Del Oso, in accordance with the Platting Ordinance section V-Required Improvements, Subsccdoq A.$ (b). ISSUE: Mr. Neill F. Amsler, III, on behalf o1: Hogan Development Company, L.P. developer o1' Los Vientos at Terra Mar Unit 1 Subdivision submitted a Deferment Agreement for the construction of public sidewalks along Calgary drive, Las Brisas Street, Whirlwind Street, Badovento Street, Calma Street and Ventoso Street within the Los Vientos at Terra Mar Unit 1 subdivision, in accordance with the Platting Ordinance, Section V.A.3. (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Deferment Agreement with Hogan Development Company, LP. (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. /~¢~_ ~('.~. Holly, A.I.C.P. D~ector of Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Sidewalk Construction Cost Estimates Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Los Vientos at Terra Mar Unit 1 Subdivision located south of Wooldridge Road, west of Cayo Del Oso, required the developer to construct street improvements consisting of Calgary Drive, Las Brisas S~reet, Whirlwind Street, Barlovento Street, Calma Street and Ventoso Street. The improvements included the construction of street pavement, curb, gutters and sidewalks, underground drainage, water and wastewater lines. The developer is seeking to defer construction of sidewalks along Calgary drive, Las Brisas Street, Whirlwind Street, Barlovento Street, Calma Street and Ventoso Street (Exhibit C). All the public improvements except the sidewalks are currently under construction. The Deferment Agreement will allow the developer to construct sidewalks as Building Permits are issued and residential construction takes place. The developer has expressed concern that sidewalks are damaged by concrete trucks and other heavy equipment during the residential construction phase thus requesting deferment of construction of sidewalks for two (2) years. The developer is seeking 75% City acceptance for all other public improvements within the subdivision to record the plat. The Planning commission on its meeting of May 4, 2005 found reasonable cause to defer sidewalk improvements. The Los Vientos at Terra Mar plat was approved by the Planning Commission on June 30, 2004. Mr. Neill F. Amsler III, on behalf of Hogan development Company, L.P. developer of Los Vientos at Terra Mar Unit 1 submitted a Deferment Agreement to defer the construction of sidewalks along Calgary ddve, Las Brisas Street, Whirlwind Street, Barlovento Street, Calma Street and Ventoso Street within Los Vientos at Terra Mar Unit 1 Subdivision. The developer has agreed to deposit $80,988.00 in the form of a letter of credit for the 110 % of the estimated cost of the required sidewalk improvements, as shown on Exhibil D, in compliance of the Platting Ordinance Section V-Required Improvements, Subsection A.3. (b). EXHIBIT A AREA MAP LO~ YI~:RT08 ~T TZ:RRA MAR UNIt I EXHIBIT B LOS VIENTOS AT TERRA MAR - UNIT I EXHIBIT C Exhibit C - Part 2 Los Vientos at Terra Mar Unit 1 Cost Estimate NO. DESCRIPTION SIDEWALK IMPROVEMENTS 1. 14' Concm{e Sidewalk Subtotal Sidewalk Improvemenks PROJECT COST - PART 2 PROJECT COST- PART 2 x 110% ESTTMATEDQuANT1TY UNIT I UNITPRICEI TOTALPRICE 26,773] SF [$ 2.75l$ 73,625.75 I$ 73,625,75 I $ 73,62S.75 $60,986.33 EXHIBIT D DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OFNUECES § This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Hogan Development Company, L.P., ("Developer"), and pertains to deferral of the improvements required prior to riling the final plat of Los Vientos at Terra Mar Unit 1 subdivision, which was approved by Planning Commission on June 30, 2004. a copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director o[ Engineering; and WHEREAS, the Developer is seeking to defer the construction of the required sidewalk improvements, ( the "Deferred Improvements"), as required by the City's Platting Ordinances, as shown on Exhibit 2, copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement; and WHEREAS, the Developer is seeking to have the plat filed with the County Clerk or Nueces County, Texas, be[ore completion o[ seventy-five percent (75%) of the required improvements as required by section III, Paragraph H, Subparagraph 5, o[ lhe Platting Ordinance; and WHEREAS, the Developer will deposit a letter of credit in the amount of Eighty Thousand Nine Hundred and Eighty Eight and no/100 Dollars ($80,988.00) representing 110% of the estimated cost of constructing sidewalk improvements, as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, with the CITY OF CORPUS CHRISTI; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been compreted; and WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3(b) of the Plaiting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that referred improvements be 75% completed before the subdivision is accepted by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of Delermen~-A§rn[ LV1 ~]lk ~ doc the construction of public sidewalks improvements referred to in this Agreement as the "Deferred Improvements"), as shown in Exhibit 2, to be constructed as residential development occurs for up to two (2) years from the date of this Deferment Agreement. However, within the overall two year deferment period, the sidewalk improvements specific to each lot in the subdivision are required to be constructed and inspected before a certificate of occupancy is issued for that lot. The Developer agrees to construct the Deferred Improvements, including construction of the public sidewalks, in accordance with the City's engineering standards in effect at the time of construction. The Developer agrees to submit the sum of Eighty Thousand, Nine Hundred and Eighty Eight and no/100 Dollars ($80,988.00) deposit, in the form of an irrevocable letter of credit issued by Prosperity Bank, 500 N. Water Street, Suite 100, Corpus Chdsti, Texas 78471 for 110% of the estimated cost of constructing the Deferred Improvements, as shown in Exhibit 2, which is attached to and incorporated into this agreement, with the City of Corpus Chdsti on or before the plat is filed with the County Clerk, and if the deposit is not made this Agreement shall become null and void. Upon completion of the required improvements, including public sidewalks, within two (2) years from the date this Deferment is approved, or at a later time as may be mutually agreed upon by both parties, and upon acceptance of the construction of public sidewalks by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall: immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Hoqan Development Company, L.P. 800 N. Shoreline Ddve, Suite 350 South Corpus Christi, Texas 78401 Return to the Developer within sixty (60) days of the completion of construction of the sidewalks and settlement of the construction contracts and costs, the letter of credit for the construction of sidewalks any balance remaining of all monies received by the City from the Developer, including interest earned. If the Deferred Improvements have not been completed within two (2) years from the date this Agreement is approved, or if the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below, the City may call the letter (s) of credit and transfer the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the construction Delerment-Agrnt-LV1-81k 2 doc ct the required improvements, with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Bank and the Devetoper, as their interests may appear. If' City constructs all or any part of the Deferred Improvements, the Developer agrees to reimburse the City for any additional cost of the Deferred Improvements, if the sum of money and interest prove inadequate to complete the Deferred Improvements, within thirty (30) days after City completes the improvements and bills the Developer. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion ct the construction of the Deferred Improvements, the letter of credit and any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the defautt and giving Developer thirty (30) days from date of receipt ct the letter to cure the default. If the Developer tails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's dghts under the tetter(s) of credit and transfer any monies received and interest earned to the appropriate fund of the City to complete the Deferred Improvements. In the even[ there are any monies received by the City from [he Developer, plus interest earned, remaining after the City has completed construction of the Deferred Improvements, the excess monies, both principal and interest, shall be refunded to the Bank and Developer, as their interests may appear, within sixty (60) days of the completion ct construction and settlement DJ' construction contracts. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. The Developer covenants to construct the Deferred Improvements, and that this covenant shall be a covenant running with the land. The City's Director of Engineering Services, at Developer's expense, shall file for record this Deferment Agreement in the records of Nueces County. No party may assign this Deferment Agreement or any rights hereunder with the prior wntten approval of the other padies. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by cedified mail, and if given personally, by tax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted Deferrnent-Agrnl-LV1-81k 2 doc 13. 14. 15 16. opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, speciCy a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. The Developer [urther agrees, in compliance with the City or Corpus Chdsti Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto (Exhibi[ 4). The City will not be required in any eveni to issue a cediflcate of occupancy for a residence until the sidewalks and all required utilities and other infrastructure improvements on the lot have been completed, inspected and accepted. The Developer shall be required to have all sidewalks and the infrastructure improvements constructed in the subdivision within two (2) years from the date of this agreement. This Agreement shall be executed in triplicate, all original copies o[ which shall be considered one instrument. When all original copies have been executed by the City, and at least two odginal copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Defenment-Ag mt-LV 1-81 k-2 doc Hogan Development Company L.P. 800 N. Shoreline Drive, Suite 350 South Corpus Christi, Texas 7'8401 STATE OF TEXAS COUNTY OFNUECES N'eill F. Amslerr, III Manager, Seabreeze, Ltd. Co. Its General Partner This instrument was acknowledged before me on the ~_~'day of ~)~ ~ . 2005, by Neill F. Amsler, III, Manager, Seabreeze, Ltd. Co a Texas limited ~iability company, acting as a General Partner of Hogan Development Company, L.P., a Texas limited partnership, on behalf of the partnership. NOTARY P~B£1C, STATE OF TEXAS De~erment-Agm~-LVl~ lk-2 doc ATTEST: CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 By: By: Armando Chapa, George K. Noe City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the __ day of 2005, by George K.Noe, City Manager for the CI1-Y OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This S day of ~ ,2005. Mary K. Fisher City Attorney By: Joseph Ha~ey (~) Assistant City Attorney Delerment Agmt-LV1 81k-2 doc EXHIBIT 1 LOS VIENTOS AT TERRA MAR - UNIT 1 EXHIBIT 2 Exhibit C - Part 2 Los Vientos at Terra Mar Unit 1 Cost Estimate NO. DESCRIPTION QUANTITY UNIT SIDL=WALK IMPROVEMEI~ITS 1. r4, Co~c~ele Sidewa~ Subtotal Sidewalk Improvements UNIT PRICE I ~.7731 SE IS PROJECT COST - PART 2 PROJECT COST- PART2 x 110% TOTAL PRICE 2.751: 73,625.75 73,625.75 I $ 73,625.75 I $80,988.33 EXHIBIT 3 EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City o~' Corpus ChflstJ ordinaece 17112, as amended, requires all persons or firms seeking Io do buslne~ss with the City provide the Iollowing information. Every question must be answered. If the question is not applicable, answer with 'NA". FIRST NAME: HOGAN DEVELOPMENT COMPANY, L.P STREET: 800 N. Shoreline Drive, Suite 350 South Tower CITY: Corpus Chdstl, TX ZIP: 78401 FIRM IS: Ell. corporation [7]2. Partnership E~3. sole owner E}4. Association El5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side o[ this page or attach separate sheet. 1. State the names of each "employee' of the City et Corpus Chdsti having an "ownership interest' constituting 3% or more of the ownership in the above named 'firm'. Name Job Title and City Department (if known) None State the names of each "official" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title None State the names et each "board member" of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee None State the names oi' each employee or officer of a "consultant" for the City oi~ Corpus Chnsti who worked on any matter related to the subject el' this contract and has an "ownership interest" consfitubng 35 or more of the ownership in the above named 'firm". Name Consultant None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure el~ any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Chdsti, Texas as changes occur. Certifying Person: Neill F. Amsler, (Type or Print) Signature of Cedifying Person: Tithe: Manager of Gen. Padner Oate: EXHIBIT 4 16 CITY COUNCIL AGENDA MEMORANDUM May 10, 2005 AGENDAITEM: Motion approving the second (2~) amendment to the Sanitary Sewer Construction and Reimbursement Agreement with Hogan Development Company, L.P., owner and developer , Los V~entos de Terra Mar Unit 1, for construction of Master Plan Lift Station No. 11 and Force Main, to increase the size of the remaining segment of Force Main from 12-inch to 16-inch for approximately 4,565 linear feet from east of Rodd Field Road to Lift Station No. 2 on Wooldridge, at a cost increase of $319,360 and to modify the terms of the agreements, and, Ordinance appropriating an additional $319,360 from the Sanitary Sewer Trunk System Trust Fund No. 4;)20, to pay Hogan Development Company, L P., for the design and construction of approximately 4,565 linear feet of 16-inch Force Main and related appurtenances, (Master Plan Lift Station No. 11); and declaring an emergency. ISSUE: Amending the exiat~ng Sanitary Sewer Constructmn and Reimbursement Agreement with Hogan Development Company is proposed to increase the size of the 12-inch Force Main to 16- inch thereby provMing for a common connection with the future force main from the nearby Greanfields by the Bay Lift Station. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. /~ B~,Z~olly, AICP Dirffctor of Development Services Attachments: Exhibit A - Background Information Exhibit El - Location Map Exhibit C - Schematic Layout of LS and FM Exhibit O - Preliminary Cost Estimate Exhibit E - Sanitary Sewer Trunk Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Lift S~aUon # 11 Reimbursement Agreement~ndment 12-Inch to 16-Inch FM BACKGROUND: The existing reimbursement agreement with Hogan Development was approved in January 7,.20~. a,.nd~ amended in August 17, 2004 due to increase in construction cost ~or a total of $1,074,000. The Master ur[ StalJon #11 is near completion and the 12-4nch Force Main is installed and connected to a gravity sewer manhole to provide immediate outfall for Los Vientos at Terra Mar Unit I subdivision. The temporary tie-in at the gravity sewer manhole is located just east o1' Rbdd Field Road while the remaining segment of force main is under construction. The 12-inch force main was proposed to be extended alo~:J Wooldridge Read through the ~fietds by the Bay Lift Station Service Area. Increased subdivision development within the Greenfietds by the Bay Lift Station Sennce ~ and age of the existing lift station facility requires complete reconstruction to provide the required capacity. The continuation of the Master Lift Station #11 force main is proposed to be increased from 124nch to 16-inch to allow the new Greeflfields by the Bay Lift Station force main to be connected to the new 16-inch force main rather than have separate and parallel force mains. The amended Sanrtary Sewer Construction and Reimbursement Agreement with Hogan Development is proposed to extend and continue the remaining fore main as a 16-inch from just east of Rndd Field Road to Master Lift Station No. 2 on Wooldndge, east of Aidine Road. (See Exhibit B- Location Map), Hogan Development, owner and developer o1' Los V-~entos at Terra Mar Unit 1 has agreed to the change. The design ba~s for the 16-inch force main submitted by_th~ d~velopers of subdivis~ns within. G ..m~n,. ,r]el~is by.the Bay Lit~ ~ ~ A~a was documented by a D~gn Memorandum submitted ~ Na~s ,r~. Eng~ .n~enng: The deagn basis ~s consistent with the approved Sanitary S,~:,"cr Master Plan Ame~arnent adpp~a~ on August 17, 2004. (See Exhibit C- Schematic Layout of Master Lift Station fYI1, 124rich and 164nch Force Main). The Platting Ordinance amendment by Ordinance No. 025424 approved August 19, 2003 establishes the reimbumernent proviSiOns for installation of lift stations and trUnk force mains from the Sanitary Sev,~r Trunk System Trust Funds and requires the approval of a Sanitary Sewer Construction and Reimbursement Agreement by City Council prior to developer start of construction. The total cost estimate submitted bythe developer for the installation of the 16-inch force main and revised design is not to exceed $319,360. The Cost Estimate is attached. (E[hiblt D - Cost Estimate). The Sanitary Sewer Construction and Reimbursement Agreement will be amended as follows: 1. Inspect, test, accept and reimburse the Developer for construction of Master lift Station No. 11 and the 4,950 linear feet of 12-inch force main. 2. Reimburse the developer the amount for construction of Master Lift Station No. 11 and the 4,959 linear fee of 12-inch Force Main pdor to completion of the entire project. 3. Increase the amount of the agreement by $319,360 for: a. Construction of 4565 linear feet 16-inch force main rather than 12-inch; b. Engineenng services to modify the construction plans; c. Pipe section to include a wye connection to the new additional force main to connect to Greenrtelds by the Bay Lift Station. EXHIBIT A Page 1 of I SCALE: 1"=4000' 2005 by Ucbon Engineering LOCATION MAP IExhibit B I Page 1 of 1 SCALE: 1"=1500' 2005 by Urban En§ine~ring Page I of 1 COST ESTIMATE Item DescripUon 1 Tie to exist Lh~ Ste manhole 2 Site Repairs/Slick Bores 3 SW3PfTraffic 4 16" PVC DR 18 C905 5 Comb. Air Release Valve 6 16" DI 45 degree Mech Joint Bends 7 16"x12" DI Reducer 8 16" Gate Valve 9 OSHA Trenc~fl Protection 10 5' dia Manhole I'or Air Rel. Valve 11 M. Can'. Chan. 30" Case Open Cut 12 Rodd Field 30" Bore and Case 13 Insb~l116"x12' DI wye P401 lined Engineenng Total Cost of 16" Force Main Less Oflglnal Total of Part A Total Cost Increase Quantity 1 1 1 4565 4 22 1 1 4565 4 120 22o 1 Unit Ls LS LS LF LF LF LF Unit Cost $11,000.00 $30,000.00 $10,000.00 $69.00 $2,500.00 $1,000.00 $900.00 $4,300.00 $2.00 $3,400.00 $147.00 $3,061.00 Total $11,000.00 $30,000.00 $10,000.00 $314,985.00 $10,000.00 $900.00 $4,300.00 $9,130.00 $13,600.00 $17,640.00 $151,800.00 $3,061.00 $6,000.00 $604,416.00 $285,056.00 $319,360.00 Exhibit D I Page 1 of 1 AMENDMENT NO. 2 TO SANITARY SEWER TRUNK SANITARY SEWER TRUNK FORCE MAiN AND LIFT STATION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends the Sanitary Sewer Trunk Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement ('Agreement') between the City of Corpus Christi ("City"), A Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277 and Hogan Develol:m'tent Company, L.P., ("Developer''), a Texas Domestic limited Partnership, 801 N. Shoreline Drive, Suite 350 South, Corpus Christi, Texas 78401, that was executed on February 17, 2004 and amended on August 12, 2004. A. Section 2.a.(2). of the first Amendment to the Agreement is revised to read as follows: "(2) SANITARY SEWER TRUNK FORCE MAIN "(a) Install approximately 4,950 linear feet of 12-inch sanitary sewer trunk line and 4,565 linear feet of 16-inch sanitary sewer trunk line. "(b) The 12-inch force main will begin at the new Lift Station #11, described in Section 2.a(1) of this agreement and extend west along Wooldddge Road for approximately 4,950 linear feet to a point on the east side of Redd Field Road. The 12-inch I~orce main will be increased in s~ze to a 16-inch force main and will continue from said point on the east side of Rodd Field Road approximately 4,565 linear feet and end at the Wooldridge Road Lift Station #2. The size of the force main will be dictated by 30 TAC Chapters 290 and 317. "(c) The plans and specifications I~or ~ Lift Station must comply with 30 TAC Chapters 290 and 317.' B. Sec/ion 6 of the first Amendment to the Agreement is revised as follows: "6. REIMBURSEMENT 'a. The Ch~/will reimburse the Developer 100% of the reasonable cost, but not to exceed $1,402,860, of the Sanitary Sewer Trunk Force Main and Lift Station #11 within 30 days of invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. The City agrees to conduct pedodic inspections of the progress of the work at key points dudng the construction. 1. The City will reimburse the Developer for the construction cost of the Master Lift Station #11 and the 4,950 linear I~eet of 12-inch force main completed to the temporary tie in at the manhole located east of Redd Field Road within 30 days of invoicing by the Developer, ~f the work has been completed, inspected, and accepted by the City prior lo the construction and acceptance et the complete project as described in Section 2(a)(1) and 2(a)(2). "e. By Amendment No.2, the City will reimburse the Developer 100% of the reasonable cost, but not to exceed $319,360 that consists et the follow~ng: 1. Construction cost to increase the size of the 12-inch force main to a 16-inch from just east of Redd Field Road to Lift Station No.2 on Wooldddge Road, 4,565 linear feet; Page 1 of 3 2 Additional costs for plan revisions due to the increased size of the Force Main and for extending to the Lift Station No. 2. 3. Cost of a pipe section to provide for a wye connection to the new additional 12-inch Force Main to the Greenfields by the Bay Lift Station." C. Exhibit 2 is amended by substituting a revised Section Vll, Project Probable Construction Cost, which is attached to and incorporated into this amendment to the Agreement, for the Section VII of Exhibit 2 that was attached to and incorporated into the Agreement. D. This Amendment No. 2 to the Agreement shall become effective and shall be binding upon and shall insure to the bene~ of the parties hereto and their respective heim, successom, and assigns from and after the date o1: execution. Page 2 of 3 EXECUTED IN TRIPLICATE originals, this day of ,2005. DEVELOPER: Hogan Development Company, UP. By: 'Neill F. Amsler, III Manager, Seabreeze, Ltd. Co. Its General Partner THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the ,.~:~ day of ~,'~d;~-.j , 2005, by Neill F. Amsler, III, Manager, Seabreeze, Ltd. Co., a Texas limited liabilit~ company, acting as General Partner of Hogan Development Company, L. P., a Texas domestic limited partnership, on behalf of the partnership. Notary ~u"blic, State of Texas ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: day of ,2005 By: George K. Noe City Manager Mary Kay Fischer City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 3 of 3 REVISED ESTIMATE FOR MASTER PLAN LIFT STATION NO. 11 AND FORCE MAIN EAST OF RODD FIELD RD AND SOUTH OF HOLLY RD. Job No, 38072.00 00 ltem~ Description Unit Unit Price __ ORIGENAL CONTRACT SECTION 'A' A_ ITEMS STA 11+00 to STA 45+25 1 Tie to Exist. Manhole and Rehab. 1 LS $7,500.00 2 Bo~es/Site Repaim/Trallic 1 LS $30,000.00 3 Dewa tering/S WP3/Misc. I LS 4 12" PVC DR-18 3,313 LF $42.00 5 Comb/Air Release Valve 3 EA $1,800.00 5/4/2005 Quantity + Total Amount 5% (As manu£ By AR1 or approved equal) $30,000.00 $6,000.00 $139,146.00 $5,400.00 $0.0~ 6 12" D.I. 45 Degree M.J Bends 7 OSHA Trench Prolevtinn 18 EA $60~.0~ $10,800.00 3,585 LF $2 00 $7,170_00 8 5' Dia. MH for ARV 3 EA 9 Open Cut Case McChan 1~)7 LF 10 Bore and Case Rodd Field 140 LF $3,400.00 $10,200.00 $ 120.00 $12,840.00 $400.00 $56,000.00 SUB-TOTAL SECTION A A (REVISED) ITEMS STA 0+00 TO S~TA 45+25 ~ __ Revised Contract to Change Force Main from 12" to 16" Al STA 11+00 to Wooldridge Lift Station STA 0+0~ I Tie to Exist. L.S. Manhole I LS 2 Unca.sed Roadway Bores 3 SWP3FFraffic Control 4 16' PVC DR 18 C-905 5 Comb. Air/Release Valve 6 16" DI 45 Deg. MJ Bends 7 16x 12 D l Redocev 8 16" Gate Valve 9 OSHA Trench Safety 1 LS 1 EA 4565 LF 4 EA 22 EA I EA 1 EA 4565 LF 4 EA 10 5' Dia. MH 11 MC Channel 30" Case Open Cut 120 LF 12 Rodd Field 30" Bore & Ca~.e 220 LF 13 16 x 16 x 12 Wye P401 Lined I EA 14 16" Res~aint I EA 15 12' Plug I EA 16 12" Me~g I EA 17 Thrust Block 1 EA $~285,056.00 and Extend from Current Terminus $11,000.00 $11,000.00 $30,000.00 $30,000.00 $10,000.00 $69.00 $314,985.0~ $2,500.00 $10,0~.00_ $1,000.00 $22,000_00 $900.00 $900.00 $4,300.00 $4,300.00 $2.00 $9,130.00 $3,400.0~ $13,60~.0~ $147.00 _ $17,640.00 $690.00 $151,800.00 $1,825.00 $1,825.00 $270.00 $270.00 $100.00 $100.00 }_RE_¥ISEO SUB-TOT^L SECTION~ ~ iI } ~7~ .... $598,416.0o ENGINEERNG CHARGES TO REVISE PLANS [ ~A i~ ~T-A 4S+-2~ AbD 1~" F~ TO STA 0+0~ $6,0(~.00 D~/FFERENCE BETWEEN ORIGINAL & REVISED SECTION A $604,416.00 ~REVISED ESTIMATE 0F _PRQJI~CT_ PROBABLE CONST. COST , _ _ OR!Om^I (S E iS i,os3,500.oo COST ESTIMATE $1,083,500.00 ~319,360.00 $1,402,860.00 Exhibit 2 1 Page 1 of 1 AN ORDINANCE APPROPRIATING AN ADDITIONAL $319,360 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220 TO PAY HOGAN DEVELOPMENT COMPANY FOR THE DESIGN AND CONSTRUCTION OF APPROXIMATELY 4,565 LINEAR FEET OF 16-INCH FORCE MAIN AND RELATED APPURTENANCES, (MASTER PLAN LIFT STATION NO. 11); AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an additional $319,360 from the Sanitary Sewer Trunk System Trust Fund No. 4220 is appropriated to pay Hogan Development Company's reimbursement request for the construction and installation of approximately 4,565 linear feet of 16-inch force main and related appurtenances, (Master Plan Lift Station No. 11). SECTION 2. That upon wdtten 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 shall take effect upon first reading as an emergency this the 10th day of May, 2005. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED g/~ ,~.~ ~ , 2005. Joseph H r~ney% Assistant City Attorney For City Attorney By: Henry Garrett Mayor 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott l? AGENDA MEMORANDUM May 10, 2005 AGENDA ITEM: Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by HICO Wholesale Distributors, owner and developer of a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision located north of Saratoga Boulevard west of Ayer Street for the installation of 200 linear feet, on-site, over-size, over- depth, 10-inch PVC and 371 linear feet, off-site, over-size, over-depth. 10-inch PVC sanitary sewer co{lection ~ine along the west side of Ayers Street, connecting to an existing sanitary sewer line installed by the City approximately 371 feet south of the southern limits of the subdivision, and Ordinance appropriating $49,919.24 from the Sanitary Sewer Collection Line Trust Fund No.4220-540450 to pay HICO Wholesale Distributors, for the installation of 200 linear feet, on-site, over-size, over~epth, 10-inch PVC and 371 linear feet, off-site, over-size, over- depth, 10-inch PVC sanitary sewer collection line along the west side of Ayers Street. connecting to an existing sanitary sewer line installed by the City approximately 371 feet south of the southern limits of the subdivision as specified in the Sanitary Sewer Construction and Reimbursement Agreement to develop a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision; and declaring an emergency. ISSUES: Mr. Roel Elizondo, in behalf o[ HICO Wholesale Distdbulors, owner and developer of a portion of lots 10 & 11, all of lots 12 & 13, Block 11, Saratoga Place subdivision, proposes to start the installation of 200 linear feet, on-site, over-size, over-depth, lO-inch PVC and 371 linear feet, off- site, over-size, over-depth, 10-inch PVC sanitary sewer collection line along the west side of Ayers Street, connecting to an existing sanitary sewer line installed by the City approximately 371 feet south of the southern limits of the subdivision. Cily Council approval of the Sanitary Sewer Construction and Reimbursement Agreement, and encumbrance of funds from the Sanitary Sewer Collection Trust Fund are required prior to start construction in compliance with Ordinance No. 025424. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit B-1 Exhibit C Exhibit D Exhibit E "'~(A,,~o II y, A.I.C.P. Dir~'ctor o[ Development Services Background information Area Map Sanitary Sewer Main Location Map Application For Sewer Line Reimbursement Cost Estimates Sanitary Sewer Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development of a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision located north of Saratoga Boulevard west of Ayers Street involves platted property recorded in March 12, 1983. The developer has proposed the on-site instaltation of 200 lieear feet of an over-size, over-depth, 10-inch PVC and the off-site installation of 371 -linear feet over-size, over-depth 10-inch PVC sanitary sewer collection line along the west side of Ayers Street. The on-site and off-site sanitary sewer collection line totals 571 linear feet beginning at the northern boundary of lot 13 and extending southerly to an existing sanitary sewer line installed by the City. The sanitary sewer collection line as proposed, will be of sufficient size and depth to connect to future sanitary sewer distribution lines beyond the nodhem boundary of the development and it will provide service to new development within the limits of proposed construction. The sanitary sewer collection tine along Ayers Street is reimbursable according to the Platting Ordinance Sections V.B.6.f) (2), V.B.6.f) (2), V B.6.0 (2) (ii). The platted properly paid sanitary sewer acreage fees in 1983. Following is a detail description of proposed sanitary sewer collection line work and reimbursement calculations. ONSITE OVER-SIZE, OVER-DEPTH 200 linear feet of a lO-inch PVC sanitary sewer collection line will be constructed along the west side of Ayers Street beginning on the north boundary of lot 13, Saratoga Place subdivision and extending to Ihe southern boundary of lot 10. A manhole will be installed within these limits [or future tap connection to lot 13 (Exhibit X.) OFFSITE OVER-SIZE, OVER-DEPTH 371 linear feet of a 10-inch PVC sanitary sewer callectJon line will be constructed along the west side of Ayers Street beginning at the southern boundary of lot 10, Saratoga Place subdivision and w[[I extend southerly to connect to an existing sanitary sewer line installed by the City (Exhlbtt B.) In accordance with the reimbursement cdteria in the Platting Ordinance, the development of a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision, are eligible for a maximum reimbursement equivalent to 50 % of the mathematical product obtained by multiplying the offsite pipe diameter in inc~s by the fee value of Ihe property. The subdivision has been platted but sanitary sewer service was not provided at the time of platting. City Staff met with the developer and agreed that an over-size and over-depth sanitary sewer collection line bo constructed to comply with the Sanitary Sewer Master Plan to provide service to the proposed development. The developer has submitted construction costs for the installation o[ 200 linear feet of an over-size, over-depth, on-site, 10-inch PVC and 371 liner feet of over-size, over-depth, off-site 10-inch PVC sanitary sewer colleclion line along the west side of Ayers Sb'eet with a total cost of $49,919.24 This cost includes 100 % reimbursement of the off-site improvements and the difference in cost between the City minimum requirements and the proposed over- size, over-depth, on-site improvements (Exhibit C.) Reimbursement would be payable upon campletJon and acceptance o1' the sanitary sewer collection line work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $49,919.24. RECOMMENDATION: Staff recommends approval of the motion'and ordinance as presented. tExhibit A I Page 1 of 1 26a 33 ~ 1.0 km ~0.5 mi ~¢ £hc follov, lnB business locations on this map - *' AREA MAP F Y14IRIT R SANITA~qY SEWER MAIN LOCATION MAP EXHIBIT B-1 APPLICATION FOR SEWERLINE REIMBURSEMENT I, Reel Elizondo, owner of HICO Distributors and a portion of Lots 10 & 11, all of Lots 12 & 13, Block 11, Saratoga Place, hereby request reimbursement of $49,919.24 for the inslallation of the sanilary sewer collection line in conjunction with Saratoga Place Subdivision, as provided for by City Ordinance No. 17396. Said $49,919.24 is the construction cost, including 7.5% engineering, as shown by the cost supporting d~gmen3s attached herewith. (~veloper) (~Date) / THE STATE OF TEXAS X COUNTY OF NUECES X This irtslrument was acknowledged before me on Reel Elizondo, owner. ff ~ ,2005, by No~in~d'forQ '/5~2the S~te o Texasf CERTIFICATION The information submitted with this application for reimbursement has been rewewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. Director of Engineering (City Engineer) (Date) , ~-.. MARY RAMIREZ :[~'~i NOTARY PUBLIC , k~v/% to of Texas ~ uomm Exp. ~-23-2~8 EXHIBIT C COST ESTIMATE FOR WASTEWATER IMPROVEMENTS PORTION OF LOTS 10 & 1 l, LOTS 12 & 13, BLOCK 11, SARATOGA PLACE OFFSITE OVERSIZE OVERDEPTH WASTEWATER IMPROVEMENTS WASTEWATER IMPROVEMENTS lO' PVC, SI)R 26 (10'-14') 5' DIAMETER MANHOLE (10'-12') TIE-IN TO E)~STING MANHOLE (12'-14') QUANTITY LrNTY PRICE TOTAL 371 L.F. $65.00 $24,115.00 I EA $6,500.00 $6,500.00 I EA $1,500.00 ENGINEERING FEES (7.5%) CONTIGENCY (10%) $2,4011.63 $3,452.36 TOTAL OFFSITE OVERSIZE OVEKDEPTH WASTEWATER IMPROVEMENTS $37,975.99 ONSITE WASTEWATER OVERSIZE OVERDEPTH IMPROVEMNETS WASTEWATER IMPROVEMENTS 10- PVC, SDR 26 (10'-14') $' DIAMETER MANHOLE (10'42') 6" PVC SERVICE TAP QUANTITY UNIT PRICE TOTAL Z00 L.F. $65.00 $13,000.00 I EA $6,500.00 $6,500.00 I EA $1,800.00 ENGINEERING FEES (7.5%) CONTIGENCY (10%) $1,597.50 $2~89.75 TOTAL ONSITE OVERSIZE OVERDEPTH WASTEWATER IMPROVEMENTS $25,187.25 ONS1TE MINIMUM WASTEWATER IMPROVEMENTS WASTEWATER IMPROVEMENTS 8" PVC, SDR 26 (4'-6') 4' DIAMETER MANHOLE (4'-6') 6" PVC SERVICE TAP QUANTITY UNIT PRICE TOTAL 200 L.F. $32.0~ I EA $3,004}_00 $3,600.00 I EA SI,R00.00 $1,800.00 ENGINEERJ3NG FEES (7.5%) CONTIGENCY (10%) TOTAL ONSITE MINIMUM WASTEWATER IMPROVEMENTS $1,204.00 $13,244.00 TOTAL OFF-SITE REIMBURSEMENT ...................................... $37,975.99 Total On-site reimbursement ........................ $25,187.25-13,244.00 =$11,943.25 TOTAL OFF-SITE AND ON-SITE REIMBURSEMENT ................. $49,919.24 EXHIBIT D SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Chdsti, Texas, 78469- 9277, and HICO Wholesale Distributors. ("Developer"), of P.O. Box 270576 Corpus Chdsti, Texas 78427. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a portion of lots 10 and 11, all of lots 12 and 13, Block 11, Saratoga Place subdivision located north o1' Saratoga Boulevard, west of Ayers Street as shown on Exhibit 1. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement o1' the Developer's cosl:s for the oversized and over-depth portion of the construction o[ a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the oversized and over-depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location. NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the padies do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXHIBIT E 2. PLANS AND SPECIFICATIONS A. The Developer shall contract with a professional engineer, acceptable to the City's Direct. or of Engineering Services, to prepare plans and specifications for the offsite and oversized over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (I) OFFSITE OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE i. install approximately 371 linear-I:eet of 10 inch PVC, SDR 26 pipe. ii. Install one (1) manhole, 5 feet in diameter (10'-12') iii. Tie-in to existing manhole. iv Crushed stone embedment for pipe. v. Well Pointing (for cuts > 20 feet). vi. OSHA trench protection (for cuts > 5 feet) (II).ONSITE OVER-SIZE, OVERDEPTH SANITARY SEWER COLLECTION LINE i. Install approximately 200 linear-feet of 10 inch PVC, SDR 26 pipe. ii. install one (1) manhole, 5 feet in diameter. iii. Crushed stone embedment for pipe iv. 6" PVC Service Tap ix. OSHA Trench Protection (l:or cuts > 5 feet). B. Before the Developer starts construction the plans and specification for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City any required additional street right-of-way or utility easements. 4. PLATI'ING FEES. Developer shall pay to the City o1: Corpus Chdsti the required acreage fees and pro-rata fees as required by the Platting Ordinance. Page 2 of 5 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer Collection Line, under the approved plans and specifications, by Apdl 26, 2006. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed Forty Nine Thousand, nine Hundred Nineteen Dollars and Twenty Four Cents ($49,919.24) of the oversized over-depth, offsite Sanitary Sewer Collection Line and over-size, over-depth onsite Sanitary sewer Collection Line within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Collection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, adsing from or incident to this Sanitary Sewer Collection Line construction. 8. Developer further agrees, in compliance with the City o[ Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests [orm attached as Exhibit 3. 9_ This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. Page 3 of 5 EXECUTED IN DUPLICATE originals, this DEVELOPER: day of I'~1~ ,2005. By: Roel ~Dwner/Developer For HICO Wholesale Distributors. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Elizondo, as owner/developer. 1~¢~ '-I'¢l''t ,2005, by Roel Nota~ubli)c, Slat of~Texas Page 4 of 5 A'I-I-EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager Approved as to form only ,2005 Joseph~amey% Assistant City Attomey For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2005, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf ol~ the corporation. Notary Public, State of Texas Page 5 of 5 37 357~ 35 3.? Fi eld EXHIBIT 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City,of Corp~J, s ChdslJ Ordinance 17112, as amended, requires all persons ~ firms seeking to do boslness with the City to ;rI ~Vl~ ~ .~ ~ Ef~ Iowi n~ ~ati o/_~E~ ~ ~7; ~ rmu.'; I..7(..-b~..~ .~ .~ .~.~i ~'~i.. I.i...1~ .~. q.. ~.~.~..li~ .~ .,.~..~t...~...PP~.i. ~.c~..~. ~:..~.~...~...er....wi..I~...i.~..~' '... FIRM Is: 1. Co~orat~ ~ 2. Padnership D 3. Sole Own~ 4. ~s~lion ~ 5_ O~er ~ .................................... ~ ..................................................................................................... DISCLOSURE QUESTIONS I! additional space is necessary, please use the reverse side o! [his page or attach separate sheeL 1. St,ate the names of each "employee" o! ~e City of Corpus Christi having an "ownership Inlerest" constituting 3% or more of the ownership In the above named "firm". Name Job T'dJe and City Deparbl~ent (if known) 2. State the names of each "official" ol the City of Corpus Christi having an "ownership Interest" constituting 3% or more of {he ownership In the above nsmed "firm". Nsme / 'l-file 3. State the names ot each 'board member' o~ [he City or' Co~)us ChdstJ having an 'ownership interest' co~slJl, ulJng 3% or more of the ownership in [he above named Name Board. Commission or Committee State the names of each employee or officer of a "consultant" for the City of Corpus ChrlsU who worked on any ma~ter related to the subject of this conlract and has an 'ownershlp inlerest" constituting 3% or more of the ownership In the above named "firm". Name Consuflanl CERTIFICATE I cedih/that all in[orma[ion provided is true and correcl as of Ihe date of this statement, [hat I have no[ knowingly withheld discJosure of any inl'ormation requested; and that supplemental sla~.emenLs w{ll be prompU¥ submitted Corpus Christi, Texas a~an~es ~e~ g e : ................ ~~~.~ ...................... : ................ ~_ _~ ~ .................................. o, ................. . ......... .............. EXHIBIT 3 AN ORDINANCE APPROPRIATING $49,919.24 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450-4220 TO PAY HICO WHOLESALE DISTRIBUTORS FOR THE INSTALLATION OF 200 LINEAR FEET ONSITE, OVERSIZE, OVERDEPTH 10- INCH PVC AND 371 LINEAR FEET OFFSlTE, OVERSIZE, OVERDEPTH 10-INCH PVC SANITARY SEWER COLLECTION LINE ALONG THE WEST SIDE OF AYERS STREET CONNECTING TO AN EXISTING SANITARY SEWER LINE INSTALLED BY THE CITY APPROXlMATLEY :371 FEET SOUTH OF THE SOUTHERN LIMITS OF THE SUBDIVISION AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP A PORTION OF LOTS 10 AND 11 AND ALL OF LOTS 12 AND 13, BLOCK 11, SARATOGA PLACE SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $49,919.23 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 is appropriated to pay HICO Wholesale Distributors' reimbursement request for the installation of 200 linear feet onsite, oversize, overdepth 10-inch P¥C and 371 linear feet offsite, oversize, overdepth 10-inch PVC sanitary sewer collection line to develop a portion of Lots 10 and 11 and all of Lots 12 and 13, Block 11 Saratoga Place Subdivision, as specified in the Sanitary Sewer Construction and Reimbursement Agreement. SECTION 2. That upon wdtten 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 shall take effect upon first reading as an emergency this the 10th day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Se~etary Henry Garreff Mayor Ord-appr-HicoDist-ss APPROVED ~.,'~ ,.~ ..~ By: Joseph a~rney %' Assistant City A~torney For City Attorney ,2005. Ord-appr-HicoDist-ss Corpus Chdsti, 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/VVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garret't, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Ord-appr-HicoDist-ss 18 AGENDA MEMORANDUM May 10,2005 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Bay Area Fellowship Church, in the amount of $ 362,539.00 for the public improvements including street pavement, curb and gutter, sidewalk, storm sewer lines and water mains within Bay Area Fellowship Church Tract, Block 1, Lot 1, located east of the Chapman Ranch Road south of the Oso Creek and north of F.M. Road 43, in accordance with the Platting Ordinance Section V - Required Improvements, Subsection A.3. (b) and declaring it an emergency. ISSUE: Bay Area Fellowship Church, developer of Bay Area Fellowship Church Tract, Block 1, Lot 1 submitted Deferment Agreement documentation to de[er the construction of all public improvements [or the Bay Area Fellowship Church subdivision including street pavement, curb and gutter and sidewalks, and storm sewer lines and a water main in accordance with Platting Ordinance Section V-Required improvements, Subsection A.3 (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Deferment Agreement with Bay Area Fellowship Church (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount o[ 110% o[ the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. "B~./A. ,~y, A.I,C.P. Direc~r Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Public Improvements Cost Estimates Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development time schedule of Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision located east of the Chapman Ranch Road south of Oso Creek and north of F.M. Road 43, required the construction of all, on-site and off-site, public improvements including the construction of street pavement, curb gutter and sidewalks, and storm sewer lines and water mains. Bay Area Fellowship Church, submitted Deferment Agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. (b) (Exhibit C). The Planning Commission at its April 20, 2005 meeting recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. The Planning Commission on its June 30, 2004 meeting approved the plat for Bay Area Fellowship Church. Construction plans for the installation of the public improvements were approved by the City on November 29, 2004. A deferment agreement, (Exhibit E) between the City o[ Corpus Christi and Bay Area Fellowship Church will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. The deferment of said improvements will allow the Developer to expedite the recording o[ the plat and obtain Building Permits to develop the Bay Area Fellowship Church. The developer has agreed to deposit a $ 362,539.00 letter of credit for 110% o[ the estimated cost of constructing the required improvements (Exhibit D), in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3. (b). (1). EXHIBIT A h:\ ..~ 005'~Age n d a~B ayA~e a Addil]o n alBg r~doc SuFr SHEET TITLE: VICINITY MAP SCALE: N,T.S. LOCATION SCALE: N.T.S. I~UI=IB AN ENGINEERING BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS JOB NO. 392,.t7-~4.01 ORIGINAL ISSUE DATE: 4-25-05 F, XHIBIT B WATER PUBLIC FM ROAD SHEET TITLE: PUBLIC IMPROVEMENTS SCALE: 1 "~4~0' I Um4mAN ENGINEERING BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS JOB NO. 59237.A4.01 ORIGINAL ISSUE DATE: 4-28-05 Construction Cost Estimate Deferment Agreement for Bay Area Fellowship Church I. Bay Area Drive Item/Description Quantity Unit Price Total Excavation 4,000 cy. $3.50 $14,000 2" HMAC inc. Prime Coat 5,000 sy. $8.50 $42,500 6" Cement Treated Caliche 5,000 sy. $8.00 $40,000 6" Lime Stabilized Subgrade 6,000 sy. $4.50 $27,000 6" Conc. Curb & Gutter 2,200 If. $12.10 $26,620 4" Conc. Sidewalk 8,800 sf. $4 50 $39,600 Total Amount $189,720 II. Water & Fire Lines 8" C-900 Pipe ' 3,700 lf, $15.50 $57,350 12" x 8" Taping Sleeve 1 e~i. $851.00 $851 8" Tapping Valve 1 ea. $881.00 $881 6" Tapping Valve I ea. $695.00 $695 8" X 6" MJ Tree 13 ea. $465.00 $6,045 6" MJ Gate Valve 15 ea. $603.00 $9,045 6" x 18" Anchor Nipple 28 ea. $170.00 $4,760 Fire Hydrant 14 ea. $1,492.00 $20,888 6" MJ 90 deg. 1 ea. $304.00 $304 6" C-900 1,480 If $13 00 $19,240 8" MJ Tee 3 ea. $467.00 $1,401 8" MI Gate Valve 1 ea. $809.00 $809 8" x 4" MJ Tee 1 ea. $391.00 $391 4" MJ 90 deg. 1 ea. $196.00 $196 8" MI 45 deg. 10 ea. $354.00 $3,540 12" x 6" Tapping Sleeve 1 ea. $776.00 $776 Meter Valve I ea. $3,420.00 $3,420 8" MJ 22.5 deg. 1 ea. $388.00 $388 8" MJ 90 deg. 3 ea. $366.00 $1,098 4" MJ Cap 1 ea. $103.00 $103 Total Amount $132,181 III. Storm Sewer 24" RCP 128 lf. $35.00 $4,480 24" Sets 4 ea. $500.00 $200 Inlets 2 ea. $1500.00 $3,000 Total Amount $7,680 Total of I, II, & III 10% Contingence Total Deferment Amount $329,581 $ 32958 $362,539 DEFERMENT AGREEMENT STATE OF TEXAS § COUNTY OFNUECES § This Agreement is entered into between the City of Corpus Christi ("City") and Bay Area Fellowship Church, ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of Bay Area Fellowship Church Tract, Block 1, Lot 1, which was approved by Planning Commission on June 30, 2004 a copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, before the final plat is endorsed by the City's Director of Engineering; WHEREAS, the Developer is seeking to defer the construction of the required public improvements, (the "Deferred Improvements"), as required by the City's Platting Ordinances, as shown on Exhibit 2, copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer will deposit a letter of credit in the amount of Three Hundred Sixty TWo Thousand, Five Hundred Thirty Nine Dollars and zero cents, ($ 362,539.00) which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "3", with the City of Corpus Chdsti; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entedng into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3.(6) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is record by the City's Director of Engineering and ['urther agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains, for up to twelve (12) months from the date of this Deferment Agreement. h:\ .L2OOS~end a~ ayAre aD~(erAg ree doc EXHIBIT E The Developer will submit Three Hundred Sixty Two Thousand, Five Hundred Thirty Nine Dollars and zero cents, ($ 362,539.00), in the form of a letter of credit payable to the City of Corpus Chdsti, which is 110% of the estimated cost of constructing the required improvements, on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The City's Director of Financial Services must approve the form of the letter of credit. The Developer agrees to construct the required improvements, including construction of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision in accordance with the City's engineering standards in effect at the time of construction. Upon completion of the deferred improvements, including the construction of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision, by May 10, 2006, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Bay Area Fellowship Church Paul Schulz, Executive Pastor Corpus Christi, Texas 78404 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. If the deferred improvements, have not been completed by May 10, 2006, or if the Developer fails to deposit any increase secudty as set out below, a~ter noUce to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the deferred improvements, including construction of the of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains to serve Bay Area Fellowship Church Tract, Block 1, Lot 1 subdivision with any monies received from the Developer, both prindpal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part o1: the improvements, the Developer agrees to reimburse the City for any additional cost of the improvements, if the sum of money and interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. 6. The Cib/ and Developer agree that ir the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction o[ the deferred improvements, including consb-uction of the of street pavement, curb, gutter and sidewalks, storm sewer lines and water mains, with related infrastructure the h:L ~2005~A, genda~ayAreaD~ferAgree.do~ EXHIBIT E money received by the Cify from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the de[ault and giving Developer thirty (30) days from date of receipt o1: the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund o1: the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction o1: the improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. The Developer agrees that the City, after notice in wdting to the Developer and Project Engineer, may accelerate payment or per[orrnance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. 10. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 11 No party may assign this Deferment Agreement or any dghts hereunder with the prior written approval of the other parties. 12. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in wdting and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 13. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations o[ the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 14. The Developer [urther agrees, in compliance with the City o[ Corpus Christi Ordinance No. 17113, to complete, as part o[ this Agreement, the Disclosure of Ownership interests form attached hereto (Exhibit 4). 15. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTED in triplicate this/"~?~ day of I%~ ~ ,2005. Bay Area Fellowship Church Paul Schulz, Executive Pastor Corpus Christi, Texas 78404 P'a131 Schulz, Executive Pastor STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the . Schulz, Executive Pastor. day o1: t',ct ~ ,2005, by Paul NOTARY PUBLIC. STATE OF TEXAS CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Chdsti, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: ARMANDO CHAPA, City Secretary By: George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This inslrument was acknowledged before me on the day of ,2005, by George K. Noe, City Manager for the City of Corpus Chdsti, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This 4~ day of ¢-'(¢-.). ,2005. By: Joseph Har~ey (~ -~'~ Assistant City Attorney For City Attorney { { EXHIBIT I ~1|I D~ EXHIBIT 1 P~op '~ nf3, WATER PUBLIC · i SHEET TITLE: PUBLIC IMPROVEMENTS SCALE: I~UReAI~ ENGINEERING J BAY AREA FELLOWSHIP CORPUS CHRISTI, TEXAS JOB NO. 39237~A4.01 ORIGINAL ISSUE DATE: 4-28-05 EXHIBIT 2 Construction Cost Estimate Deferment Agreement for Bay Area Fellowship Church I. Bay Area Drive Item/Description Quantity Unit Price Total Excavation 4,000 cy. $3.50 $14.000 2" HMAC inc. Prime Coat 5,000 sy. $8 50 $42,500 6" Cement Treated Caliche 5.000 sy $8.00 $40,000 6" Lime Stabilized Subgrade 6,000 sy. $4.50 $27,000 6" Conc. Curb & Gutter 2,200 lf. $12.10 $26,620 4" Conc. Sidewalk 8,800 sr. $4.50 $39,600 Total Amount $189,720 II. Water & Fire Lines 8" C-900 Pipe 3,700 If. $15.50 $57,350 12" x 8" Taping Sleeve 1 ea. $851.00 $851 8" Tapping Valve 1 ea. $881.13t3 $881 6" Tapping Valve 1 ea. $695 00 $695 8" X 6" MJ Tree 13 ea. $465.00 $6,045 6" MJ Gate Valve 15 ea. $603.00 $9,045 6" x 18" Anchor Nipple 28 ea. $170.00 $4,760 Fire Hydrant 14.ea. $1,492.00 $20.888 6" MJ 90 deg. I ea. $304.00 $304 6" C-900 1,480 If $13.00 $19,240 8" MI Tee 3 ea. $467.00 $1,401 8" MJ Gate Valve 1 ea. $809.00 $809 8" x 4" MI Tee 1 ea. $391.00 $391 4" MJ 90 deg. 1 ea. $196.00 $196 8" MJ 45 deg. 10 ea. $354.00 $3,540 12" x 6" Tapping Sleeve I ea. $776.00 $776 Meter Valve 1 ea. $3,420.00 $3,420 8" MJ 22.5 deg. 1 ea. $388.00 $388 8" MI 90 deg. 3 ea. $366.00 $1,098 4" MI Cap 1 ea. $103.00 $103 Total Amount $132,181 IH. Storm Sewer 24" RCP 128 If. $35.00 $4,480 24" Sets 4 ea_ $500.00 $200 Inlets 2 ea. $1500.00 $ 3 Total Amount $7,680 Total of I, II, & III 10% Contingence Total Deferment Amount $329,581 $ 32958 $362,539 EXHIBIT "3" CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City el~ Coq)us ChdslJ ~D~dinance 17112, as amended, requires all perso~s ~ lirms see~dng to do business with the City provide the following Information. Every question musl be answered. If the question Is not applicable, answer with 'NAt FIRM NAME: BAY AREA FELLOWSHIP CHURCH STRE-- 8001 S.P.I.D. 78412 I:1: .......................................................................... err'Y: CORPUS CHRISTI, TX ZIP: FIRM Is: 1. Corporation E] 2. Partnership [] 3. Sole Owner [] 4. Association [] 5. Other [~ -NON-PROFIT CORPORATION DISCLOSURE QUESTIONS If addiUona/space Is necessary, please use the reverse side et this page o~ atlach separaie sheet 1. Slate the names of each 'em~oyee" of the City of Corpus ChHsO having an "ownership Inlers~t" conslJtutlng 3% or mole o1' the ownership bt the above named "firm". Name Job TitJe and CE,/Depadm~nl. (if known) N/A N/~, State the names o! each "official" el' the City o1' Corpus ChdsU having an 'ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Title N/A N/A Slale Ihe names ol each 'beard memi3er' el' the City of Coq~us ChdsU having an 'ownership interest' constituting 3% ~ more el' the ownership In the above named 'firm'. Name Board, Commission or CommlUee N/A N/A State the names el' each employee or officer of a "consultanl" Ior the City el Corpus Christi who worked on any melt. e*' related lo the subJecl of this con[racl and has an "ownership Interest" constituting 3% or more o1' [he ownership In [he above named "firm". Nam Consulian! N/A N/A CERTIFICATE I cedify [hat all informalJon provided is.t~ue and correc~ as et the dale el this statement, [hat I have not knowingly withheld disclosure of any information requested; and that supplemental slalernents will be promptly submlQed to the City o~ Corpus Christi, Texas es changes occur. Certifying Person: PAUL SCHULZ E~ECUTIVE PASTOR ......................................................... Title: ............................................................. ~t) -- Signature of Cedifying Person{~'~.....~w.~..2~ Dee ....~._.'7.._2..~.c'~.~ ..................... xhmIX "4' 19 CITY COUNCIL AGENDA MEMORANDUM May 10, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 1,468-square foot portion ora 13- foot wide utility easement out of Lot 11, Ryan Subdivision, & Lot lB, Block 221, Port Aransas Cliffs, approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Mr. Timothy Ehrman, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement will allow the owner to construct an addition to the existing residence. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and ilems of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of the owner, Mr. Timothy Ehrman, is requesting the abandonment and vacation of a 1,468-square toot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, & Lot lB, Block 221, Port Aransas Cliffs, to accommodate an addition to his existing building that will cover all or portions of the existing utility easement. The easement to be abandoned and vacated is apI.,roximately 2,500 feet south of the Doddridge Street and 400 feet east of the Santa Fe Street rights-of- way and is located in an "R-1 B" One Family Dwelling District. All public and franchised utilities were contacted. Gas Department has an existing 2-inch gas line that will have to be relocated at owner's expense. SBC, AEP, TimeWarner and Grande all have existing aerial facilities on joint use poles crossing the customer's rear property that will have to be relocated at owner's expense. None of the other cily departments have facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends that the fair market value be waived in part, because the Owner will be dedicating a new easement on the property and that the Owner will be responsible for paying any balance due after deducting the value of the new easement from the total of $2,570.00 for the abandonment and vacation of the 1,468 square foot portion of the 13 foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: Apdl 26, 2005 TO THE CtTY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: May 10, 2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 1,468-square toot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, & Lot lB, Block 221, Port Aransas Cliffs, approximately 2,500 feet south of Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Mr. Timothy Ehrman, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 14, Page 10, and Volume 45, Page 201 of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That the fair market value be waived in part, because the Owner will be dedicaidng a new easement on the property and that the Owner will be respenslble for paying any balance due after deducting the value of the new easement from the total of $2,570.00 for the abandonment and vacation of the 1,468 square foot portion of the 13 foot wide utility easement. 2) Gas Department has an existing 2-inch gas line that will have to be relocated at owner's expense. 3) SBC, AEP, and TimeWarner have existing aerial facilities on joint use poles crossing the customer's rear property that will have to be relocated at owner's expense. 4) Upon approval [rom Council and issuance of the ordinance, ali grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is tocated. Pdor to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: .,~ J~,A~ ~lly, AICP, Director of Development Services DATE: .~'-~- .~' - O ~- APPROVED: DATE: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 1,468-SQUARE FOOT PORTION OF A 13-FOOT WIDE UTILITY EASEMENT OUT OF LOT 11, RYAN SUBDIVISION, AND LOT lB, BLOCK 221, PORT ARANSAS CLIFFS; APPROXIMATELY 2,500 FEET SOUTH OF DODDRIDGE STREET AND 400 FEET EAST OF SANTA FE STREET; REQUIRING THE OWNER, TIMOTHY EHRMAN, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is 1,468-square foot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, and Lot lB, Block 221, Port Aransas Cliffs, as recorded in Volume 14, Page 10, and Volume 45, Page 201, Map Records Nueces County, Texas, that the owner, Timothy Ehrman, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,468-square foot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, and Lot lB, Block 221, Port Aransas Cliffs, as recorded in Volume 14, Page 10, and Volume 45, Page 201, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That the fair market value be waived in part, because the Owner will be dedicating a new easement on the property and that the Owner will be responsible for paying any balance due after deducting the value of the new easement from the total of $2,570.00 for the abandonment and vacation of the 1,468 square foot portion of the 13 foot wide utility easement. Gas Department has an existing 2-inch line that will have to be relocated at owner's expense. SBC, AEP, and TimeWarner have existing aerial facilities on joint use poles crossing the owner's rear property that will have to be relocated at owner's expense. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- H:/I J;.G-DIR~Joseph\ORD-Tim E-av.doc to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the 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 10th day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Arrnando Chapa City Secretary Henry Garrett Mayor Approved //~ 5'~ , 2005 By: Joseph~rney ~-~ Assistant City Attorney For City Attorney It:\I.EG-DIRkloseph\ORD-TimE avdoc 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: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H :\LEG-DI RLloseph~,O RD-'I' itn E -av doc N RYAN LOCATION EASEMENT SUBDIVISION &: TIM .]054 So Alomed~ St. Corpus Christi, Tx 7B4~]4 (36 ') 802-5521 (phone~ MAP CLOSURE PT. ARANSAS ERHMAN-APPLICANT CLIFFS Job No: 05014 $co/e: 1'= 1000' Dole' 3-02-05 Drowk~g Nm' 05014b Sheet ~ of 2 .~ LORRAINE DR. 12 S.37' 37'.54-"E 4 B~ AN SUBDiViSION 11 VOL 14, PG_ 10 M.R.N.C.T. 53T59'O..3'E gg.35' 15 AREA OF CLOSURE 14-68 S.F. 0.0337 AC. 10 Point of 8eginn~g BLOCK 221 PORT ARANSAS CLIFFS VOL. 4-5, PG. 201, M.R.N_C.T. lA SITE MAP EASEMENT CLOSURE RYAN Boss & Welsh £n9ineerin9 3054 So. AJomedo St. Corpus Christi. Tx. 78404 (361) 882-5§21 (phone) .[~ (361) 882-1265 (fox) SUBDIVISION &: PT. ARANSAS TIM ERHMAN-APPLICANT CLIFFS Job No: 05014 Sc~e: 1'=30' Dote-- 3-01-05 Drowi~g No: 05014A Plotscole-- 1 = 1 Sheet 2 of 2 ~ 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2005 AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to execute a ten-year pier lease agreement (with ten year renewal at City Manager's, or designee's, discretion) with Padre Island Yacht Club I'or pier and clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995 pier lease): providing for severance; and providing for publication. ISSUE: Padre Island Yacht Club has requested a renewal ol~ their lease so that they may continue providing a yacht club and programs for the boating community on Padre Island. BOARD/COMMISSION REVIEW: The lease has been presented to the Watershore Advisory Committee and there were no objections from the members concerning the lease's renewal. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a ten-year lease with a ten-year extension option with Padre Island Yacht Club in August 1995. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the renewal of the lease with Padre Island Yacht Club. Sally Ga~lik, Direc or Parks arid Recreation Depadment Attachments: Background Information H:\PR-DIR~SHARED¥~GENDA ITEMS\Council Meelings~20oS~4 12-05\Padre Island Yacht Club. DOC BACKGROUND INFORMATION The Padre Island Yacht Club (PIYC) is a small sailing organization on Padre Island that has been using 2.55 acres of City properly on Whitecap Boulevard in the Padre Isles development. They constructed piers and a clubhouse [or their members' use. The site is parallel to one of the canals in the subdivision and is adjacent to the Whitecap Wastewater Treatment Plant property. The upland area is 100 ft. wide by 795 ft. long and the submerged land is 40 ft. wide by 795 ft. long. The City owns both the upland and submerged land to be leased (see attached map.) The benefits o[ PIYC utilizing the property are that the City will be able to buffer the treatment plant from the property owners across the canal. The Club has installed landscaping and the improvements screen the wastewater plant at no cost to the City. Because of the configuration of the site and the need to screen the plant, the lease for boating facility purposes is one of the few uses for this property. The rental rate is 10% of gross revenues or $2,000 annually, whichever is greater from reoccurring monthly assessments and slip rentals. H:\PR-DIR~HARED~AGENDA ITEMS\Council Meetings~005~4 12~05~Padre Island Yac~l Club.DOC Page 1 of 2 AN ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A TEN YEAR PIER LEASE AGREEMENT (WITH TEN YEAR RENEWAL AT CITY MANAGER'S, OR DESIGNEE'S, DISCRETION) WITH PADRE ISLAND YACHT CLUB FOR PIER AND CLUBHOUSE AT WHITECAP WASTEWATER TREATMENT PLANT (SUPERSEDING 1995 PIER LEASE); PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to execute a ten year Pier Lease Agreement (with a ten year renewal at the discretion ol~ City Manager, or designee) with Padre Island Yacht Club for Pier and Clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995 Pier Lease). The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a term of ten (10) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. H:\LEG-DIR\Doyle\MYDOCS~003.05~PARK&REC.271Lease&U s.eAgreem ~031005DC.Padrelsi. YachLClub. Exlend. 10yr. Lease. Ord.doc Page 1 of 14 2005 AMENDED PIER LEASE RENEWING, EXTENDING & SUPERSEDING 1995 PIER LEASE BETWEEN THE crrY OF CORPUS CHRISTI AND PADRE ISLAND YACHT CLUB STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City o[ Corpus ChdstJ, a Texas home-rule municipal corporation, ("City") owns certain submerged and upland real estate adjacent to the Padre Island Wastewater Treatment Plant (~'Vhltecap Plant"); and WHEREAS, the Padre Island Yacht Club, a Texas nonprorit corporation, ("Club") desires to lease certain property from City and to construct cedain piers. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City, acting by its duly authorized City Manager, or designee, ("City Manager") and Club agree as fellows: 1. Premises. City hereby leases to Club a 40 foot wide by 795 foot long portion of submerged land adjacent to the Whitecap Plant, as described by metes and bounds on the attached and incorporated Exhibit A; further, City hereby leases to Club an adjacent strip of upland 100 feet wide by 795 long, as shown on Exhibit A, for a total leased area of 2.55 acres, collectively called "Premises." Club recognizes that the Whitecap Wastewater Treatment Plant treats wastewater and that there are certain unavoidable odors associated with treating wastewater. City shall have no responsibility to Club for air freshness. Page 2 of 14 2, Term; Renew, Extend, & Supersede 1995 Lease. The pdmaryterm of the 1995 Lease was for ten (10) years, with an option to extend for ten (10) more years at Club's request and City Manager's approval. The pdmary term of the 1995 Lease began on October 22, 1995, which was the 61= day alter final City Council approval by Ordinance No. 022331 adopted on August 22, 1995. This Amended Lease (~l-his Lease") amends, renews, extends, and supersedes the 1995 Lease_ The effective date of This Lease shall be ,2005, which is the 61st day after final City Council approval by Ordinance adopted on 2005. This Lease shall have a pdmary term of ten (10) years beginning on the effective date of This Lease. Club shall have an option to extend This Lease for ten (10) more years at Club's request and City Manager's approval. No eadier than two (2) years and no later than three (3) years before the expiration of the pdmary term of This Lease, Club shall, in writing, te~l City Manager whether or not Club requests City Manager to extend This Lease for ten (10) more years. 3. Rental Payments. Club agrees to pay ten percent (10%) of all gross income or $2000 annually, whichever is greater, from reoccurring monthly assessments and slip rentals, in advance on or before the tenth (10~) of each month, beginning with the first month after completion of the first phase of construction of the Improvements or within 24 months after the beginning date of the 1995 Lease, whichever is sooner. Club shall keep records of the monthly dues and slip rent received. Club records monthly dues and rent received shall be open to City Manager's designated representative dudng Club's business hours. These records shall be retained for ~ive (5) years a~ter expiration or other termination o[ This Lease. Page 3 of 14 4. Improvements. All facilities' design shall conform to City's Building Code, and any and all limitations in this lease, and must have pdor wdtten approval by the Padre Isles Property Owners Association Architectural Review Committee. Before start of construction Club shall submit plans and specifications for fixed in place or floating piers, and all necessary support structures for all piers that Club desires to construct initially, to City Engineer, or his designee, ("City Engineer") for his wdtten approval or provide wdtten exceptions thereto, which exceptions shall be considered and the plans and specifications resubmitted until wdtten approval is obtained from City Engineer. Original construction shall be limited to slip construction, clubhouse, parking, fencing, lighting, landscaping, and other directly related improvements that receive the pdor wdtten approval ol: City Manager. The clubhouse and all buildings shall be built in a manner so that relocation or removal time is minimized. The clubhouse is limited to one residential type kitchen with related appliances, meeting space, office space, restreems, and storage. All facilities, including but not limited to piers, support structures, slips, buildings, clubhouse, parking, fencing, lighting, landscaping, and any other improvements, are collectively called the "Improvements." No Improvement shall be installed unless the improvement and related plans and specifications have been approved in advance by City Manager and City Engineer. Each improvement shall be inspected dudng and after installation. Club shall obtain all necessary permits and comply with all federal, state, and local laws and regulations with respect to construction of and repairs to the Pier and Improvements; provided, however, any application to the Corps of Engineers ("Corps"), H:iLEGA31R\Doy~e~MYDOCS%;OO3 05\PARK&REC.271Lease&Us eAgreem[V]31005OC Paclrelsl Yacht Cflub 2005 Exter.:l 1 ~95.P~er Lease doc Page 4 of 14 whether made in the name of City or Club, shall be submitted to City for its approval before submission to the Corps, which approval will not be unreasonably withheld, and all related expenses shall be paid for by Club. The Pier construction shall be commenced within 90 days after City and Club approve the plans and specifications for said phase of construction. Plans and specifications for repairs shall also be approved by City Engineer and begun within 90 days after wdtten approval. Each phase ol= construction shall be completed within 24 months after commencement of that phase of construction, subject to delays caused by Acts of God, war, civil commotion, stdke, govemmental regulations or control, or other causes outside Club's control. Once Club has obtained City Engineer's wdtten approval of the plans and specifications, Club may either construct the Piers and other Improvements with the labor and materials being supplied by Club members, or volunteers, or shall bid out construction and materials. If any construction work is to be performed by or materials to be supplied by other than Club members or volunteers, Club shall receive bids from a minimum of three bidders before start of construction, not all bidders may be members o[ Club. City's Director ol= Parks & Recreation ("Parks Director") shall approve the successl'ul bidder before start of construction. All successful bidders must provide proof or insurance that meets City's requirements for similarly pdced construction projects. City must be named as Additional Insured_ 6. Maintenance. Club shall perform all maintenance of the Premises including replacement of pilings, piers, pier superstructures, catwalks, catwalk superstructures, H:~EC-DIR~D"3yfeU~YDOCS~003.05~°AR,K&REC.27'~eas~&Us eAgreern[~o310~SDg Pa<irels~ Yach~ Club.2005 E~[end 1995.Pier Lease.doc Page 5 of 14 litter pickup and removal, mowing, weeding, fence and lighting repair, parking lot repair, and all other maintenance and Improvement maintenance that City Manager may require, to City Manager's satisfaction, at a level no less than the standard of maintenance by City. All other Improvements shall be maintained at the same level of maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds. Club shall repair all damages to the Premises and Improvements caused by its members or guests, 7. Renovation. Club shall perform normal renovations of the Improvements including replacement of pilings, piers, pier superstructures, catwalks, and catwalk superstructures, to City Manager's satisfaction, at a level no less than the standard of odginal construction, reasonable wear and tear excepted. Before undertaking any renovation, Club shall submit plans and spech'ications to City Engineer, who shall provide wdtten approval of the plans and specifications or provide written exceptions thereto. The exceptions shall be considered and the plans and specifications shall be resubmitted until wdtten approval is obtained from City Engineer. All renovation must be undertaken in the same manner as original construction and in accordance with the same terms and conditions. 8. Utilities. Club shall be responsible for extension of all utility services, including meters, hook up, and payment of all service charges and monthly charges for utilities. 9. Control and Use. Club shall control the use and charges for the Premises. However, as part of the consideration for This Lease, Club shall provide, free of charge, Page 6 of 14 one slip for berth of a search and rescue vessel. Said search and rescue vessel shall not be provided by Club, but by some governmental agency. All other slips shall be used for berthing of individual pleasure craft belonging to or in the custody of Club members or guests. No live-aboards will be permitted on the Premises. lO.Removal. Upon expiration of This Lease, and any extensions or renewals of This Lease, Club shall remove all Improvements at its expense and retum the Premises to the same condition that existed before Club constructed any Improvements. However, upon approval by City Engineer, Club may leave in place any bulkhead or erosion control improvements constructed by Club. 11. Reverter. Upon expiration of This Lease, all dghts and possession of the Premises, and any improvements thereto, shall revert to City. However, Club shall remove all Improvements as set out in section 10 above_ 12.Right to Enter. During This Lease, City personnel shall have the right to enter the Premises at all reasonable times for the purposes of inspection, fire, police, and other safety actions, and the enforcement of This Lease, or if access is needed for operations at the Whitecap Plant. If City needs access across the Premises, Club shall permit the access up to and including removal or relocation of Club Improvements. 13.Insurance. During the term of This Lease, Club shall maintain at its sole expense, comprehensive general liability insurance, with City named as Additional Insured. This insurance shall have either minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000) bodily injury per person, ONE MILLION DOLLARS ($1,000,000) bodily injury per occurrence, and THREE HUNDRED THOUSAND Page 7 o[ 14 DOLLARS ($300,000) property damage; or ONE MILLION DOLLARS ($1,000,000) Combined Single Limit Coverage. Club shall require each tenant to carry the appropriate Watercraft Liability Endorsement insurance. Parks Director shall be furnished a certificate of insurance before the commencement of This Lease, and shall receive annual renewal certificates for the insurance and any additional certificates for all subsequent policies obtained pursuant to This Lease. No insurance policies shall be canceled, not renewed, or materially changed without thirty (30) days pdor wdtten notice to Parks Director. Club shall provide all insurance policies to the City Attomey within ten (10) days ol~ the City Manager's written request therefor. 14. Indemnity. Club agrees to and shall indemnify and hold harmless the City of Corpus Christi, its officers, employees, and agents (Indemnitees) from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with any activities by Club, its agents, employees, officers, members, invitees, or independent contractors pursuant to This £ease regardless of whether the injuries, death, or damages are caused, or are claimed to be caused by the concurrent or contributing H ~LEG~)IR\E~3yfe~MYDOCS~2003 05U3ARK&REC.27~Lease&Us e~,greern~O31005D~ PadrelsJ.Yach{ CJ~.2005 E~[efud 1 §95.Pier. Lease.doc Page 8 of 14 negligence of Indemnitees, but not by the sole negligence of Indemnitccs unmixed with the fault of any other person or entity. 15. Nonassignability. Club shall not assign, mortgage, pledge, or transfer This Lease, or any interest therein, without the prior written consent of City, except as set out herein. 16. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste material, litter, or trash, issued from the Premises is allowed to spill or collect in the water in the vicinity of the Premises. on the Premises, or on the Whitecap Boulevard peninsula adjacent to Club. It shall be Club's dub/regularly to inspect for and remove accumulated waste matedal from the Premises, the Whitecap Boulevard peninsula adjacent to Club, and the water areas adjacent thereto, and properly dispose of the waste matedal in conformance with regulatory requirements. 17. Compliance with Laws. Club shall comply with all federal, state, and local laws, ordinances, rules, and/or regulations, as amended, including, without limitation, City Fire Code, City Building Codes, FEMA Regulations, Americans with Disabilities Act, Texas Natural Resource Conservation Commission Regulations, and the Coast Guard Rules and Regulations. 18. Taxes, Fees. Club shall pay all taxes that its use of the Premises cause to be assessed against the Premises or Improvements. Club shall pay all sales taxes and related taxes and fees incident to operation of the Premises or Improvements. Page 9 of 14 19. Sanitary Sewer. Club's operation of sanitary sewer facilities, both at the clubhouse and the boat pump out facility, if any, shall be in accordance with City Code of Ordinances, Chapters 13 and 14, including, but not limited to, Building and Housing Standards Code, Construction Codes, and Flood Hazard Prevention Code, and Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, and City's "Greasetrap Ordinance," as same may be amended. Upon Club's occupancy ol~ twenty (20) tenants, Club shall have a pedod of six (6) months to complete the installation and operation of an appropriate pump out facility within or adjacent to the leased Premises. It is intended that Club's presence at the Premises will not in any manner affect City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment Plant. Club shall not dump and shall not allow anyone visiting the Premises to dump any effluent or wastewater of any type into the water, but all effluent or wastewater shall be properly disposed of through Club's wastewater hookup or boat pump out facility, if any. 20. Termination. Except as otherwise provided herein, City may terminate This Lease, whenever Club fails to comply with the provisions and covenants herein, and thereafter fails or refuses to comply within a reasonable time, stated in writing, after receiving written notice of the violation, recommended cure, and period to cure. Further, if City at any time needs the Premises for any City purpose, City Manager will give Club thirty (30) days wdtten notice of termination. At the end of the thirty (30) days This Lease shall terminate. Page 10 of 14 21.Fencing., Club, at its expense, shall fence the Premises from the street right- of-way and the treatment plant property so that no one can access the Premises from the street or right-of-way property. The gate to the Premises shall be kept locked at all times Club is not open. 22. Hours of Operation. Club may operate the Premises from 6:00 a.m. to 12 midnight, 365 days a year. If nearby property owners complain about noise or nuisance and the complaints go unresolved, Parks Director has the authority to shorten the hours of operation. 23.Landscapinglscreenlng. Landscaping for buffer shall be required on the Premises. A plan may be presented to Parks Director for approval, or Parks Director may present a landscaping plan to Club and approve a timetable for implementation. 24. Improvements. Improvements, such as lighting, that cause complaints from adjacent or nearby property owners must be altered or removed reasonably to remedy the complaint and provide the improvement that Club desired, at Club's expense. 25. Erosion. If, in the opinion of City Engineer or Parks Director, excessive erosion occurs along the shoreline of the Premises as the result of Club's usage of the Premises, Club must repair and correct the erosion and do any other repairs needed to prevent the erosion from recurring. 26. Notices and Addresses. All notices, demands, requests or replies provided for or permitted by This Lease shall be in wdting and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Page 11 of 14 Service as certified mail, retum receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an ovemight express delivery service at: If to City: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Director of Parks & Recreation If to Club: PADRE ISLAND YACHT CLUB 14300 S.P.I.D. Corpus Chdsti, Texas 78418 Attention: Commodore Notice deposited with the United States Postal Service in the manner described above shall be deemed effective one (1) business day after deposit with the United States Postal Service. Notice by telegram or ovemight express delivery service shall be deemed effective one (1) business day after transmission to the telegraph company or ovemight express carder. 27. Modifications. No changes or modifications to the Lease shall be made, nor any provision waived, unless in wdting signed by a person authorized to sign agreements on bahai[ of each party. 28.Hurricane Preparedness, In the event the area is threatened by a hurricane or some other emergency situation, Club shall comply with all reasonable orders of the Marina Superintendent or his/her authorized representative pursuant to the Hurricane Preparedness Plan for the Improvements, a copy of which is attached and incorporated Page 12 of 14 as Exhibit B. A current copy of the Hurricane Preparedness Plan shall be kept on file with the City Secretary's copy of This Lease. Any time this plan is revised, the newest revision becomes the attached and incorporated Exhibit B. 29. Non-discrimination. Club, and all its members and guests, shall be responsible for the fair and just treatment o[ their respective employees, members, prospective members, and guests. Club wan'ants that it is, and will continue to be, an equal opportunity employer and hereby covenants that no employee, member, prospective member, or guest shall be discriminated against because of race, creed, color, disability or national origin. This non discrimination clause must be posted on the Premises and must set out the Parks Director's address and phone number_ Violation of this provision by Club or any member or guest shall be cause for immediate termination by City. 30. Interpretation. This Lease shall bo interpreted according to the Texas laws that govern the interpretation of contracts. Venue shall lie in Nueces County, Texas, where This Lease was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 31. Entirety Clause. This Lease and the exhibits incorporated and attached hereto constitute the entire agreement between City and Club for the use granted. All other agreements, promises, and representations with respect thereto, unless contained in This Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits H ~LEG~)IR\Doyte~MYDOCS~0~3.05~F'ARK&REC.2T~Lease&Us eAgreem~)310oS[~; Padrels! Yacht. Club 2005.Exlend.1995.P~er. Lease.doc Page 13 of 14 incorporated and attached hereto. The unenforceability, invalidity, or illegality of any provision of This Lease shall not render the other provisions unenforceable, invalid, or illegal. A'I-I'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manage 10 March 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney PADRE ISLAND YACHT CLUB Name: ~//.~-~.4.,/ ,,~. ~ Title: ~--~,/~,,~,D ~zPO,~ ~ H~LEG DIR~Doy~e~YDOCSt2003 05~PARK&REC 2T~Lease&Us.e~,greeml/O31005DC.Padre[~l Yachl Club 20O5.F~lend 1995.Pier Lease doc Page 14 of 14 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of ,2005 by George K. Noe, City Manager of Corpus Chdsti, Texas, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Name (printed): My Commission Expires: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before [ne_on the ]?~day of "'~'vkq~ ~.~ ,2005 by , . . of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of said corporation. Notary Public, State of Texas Name (printed): My Commission Expires: '~' I I L_ EXHIBIT A CITY LIMIT LINE 21 AGENDA MEMORANDUM May 10,2005 AGENDA ITEM: Public headng to consider amending the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus ChdsU to change the designation of approximately 717 linear feet of a 15- inch Collection Gravity Line to an 18-inch Trunk Gravity Line along Slough Road between Aidine Road and Rodd Field Road, in Ordinance Exhibit A. Ordinance approving the amendment to the 1983 Master Sanitary Sewer Plan for the Southern Podion o[ Corpus Chdsti to change the designation of approximately 717 linear feet of a 15-inch Collection Gravity Line to an 18-inch Trunk Gravity Line along Slough Road beiween Airline Road and Rodd Field Road as described in Exhibit A; and declaring an emergency. ISSUE: Mr. Louis Airy, owner and developer of Greystone Phase I subdivision located south o[ Slough Road east of Rodd Field Road is proposing to install a sanitary sewer line beginning at Airline Road and extending easterly approximately 717 linear feet along Slough Road to serve his development. The current Sanitary Sewer Master Plan requires a 15-inch Collection Line along Slough Road at a depth fixed by the trunk line on Aidine Road which is not sufficienl to serve current and future development of the area east of Rodd Field Road and north of Master Ditch 31. The amendment will increase the size of sanilary sewer line along Slough Road [rom required 15-inch to 18-inch line. The developer o[ Greystone Phase 1 Subdivision will start the construction o[ 717 linear feet of the 18-inch Sanitary Gravity Trunk Line once the City Council approves the amendment to the Master Sanitary Sewer Plan and submitted Sanitary Sewer Construction and Reimbursement Agreement. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit ~ ,,~' B;A,,,~ailey, A.I.C.P. D~r~'ctor of Development Services Background Information Vicinity map/Sanitary Sewer Line Present Master Sanitary Sewer Plan Proposed Master Sanitary Sewer Plan Amendment AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The 1983 Revision of the Sanitary Sewer Master Plan for the Southern Portion of Corpus Christi adopted by Ordinance No. 17743 on July 27, 1983 requires a 15- inch collection line to be installed in Slough Road beginning at the intersection of Aidine Road and Slough Road and proceeding east for a distance of 3,300 linear feet. The 15- inch collection line as shown on the Master Plan is at a fixed depth set by the trunk line on Airline Road, which is not sufficient to serve the Master plan sub-basin area as intended. The proposed amendment will increase the size of the 15-inch collection line to 18-inch and designate 717 linear feet of the line as a Trunk Gravity Line. Once installed and connected to the existing sanitary sewer system the 18-inch line will serve an area with approximately 328 acres extending to the Cayo Del Oso. PROPOSED ACTION: Approval of Ordinance amending the 1983 Master Sanitary Sewer Plan for the Southern Portion ol~ Corpus Christi to change the designation of approximately 717 linear feet of a 15-inch Collection Gravity Line to an 18-inch Trunk Gravity Line along Slough Road between Airline Road and Rodd Field Road. IExhibit A I Page 1 of 1 PROPOSED SANITARY SEWER S~"RWCE AREA BOUNDARY ~PR~O~ ~ITARY 328~ YORKTOWN BOULEVARD VICINITY MAP/ SANITARY SEWER LINE IExhibit B I Page I of I / / PRESENT MASTER SANITARY SEWER PLAN Exhibit C [ Page 1 of 1 'X · 6 PROPOSED MASTER SANITARY SERVER PLAN AMENDMENT P. age I of I Page I of 3 ORDINANCE AMENDING THE CITY'S COMPREHENSIVE PLAN BY AMENDING THE 1983 MASTER SANITARY SEWER PLAN FOR THE SOUTHERN PORTION OF CORPUS CHRISTI TO CHANGE THE DESIGNATION OF APPROXlMATLEY 717 LINEAR FEET OF A 15-INCH COLLECTION GRAVITY LINE TO AN 18-INCH TRUNK GRAVITY FED LINE ALONG SLOUGH ROAD BE'FVVEEN AIRLINE ROAD AND RODD FIELD ROAD, AS DESCRIBED ON THE A'rrACHED EXHIBIT A; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendment of the 1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, May 4, 2005, during a regular meeting of the Planning Commission, and on Tuesday, May 10, 2005, dudng a regular meeting of the City Council of the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this adoption 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 amendment to the1983 Master Sanitary Sewer Plan for the Southern Portion of Corpus Chdsti is approved and adopted, and made a part of the Comprehensive Plan of the City of Corpus Christi, as shown in Exhibit A, which is attached to and incorporated into this ordinance. A copy of the 1983 Master Plan for the Southern Portion of Corpus Christi is on file with the City Secretary. SECTION 2. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 2 of 3 SECTION $. 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 10th day of May, 2005. ATTEST: Armando Chapa City Secretary APPROVED: Ix'~ ¢,0 /0 Assistant City Attorney For City Attorney ,2005 THE CITY OF CORPUS CHRISTI Henry Garrett Mayor H \LEG DIR~JosephlOrd SSPlan-83-SoSide doc Page 3 of 3 Corpus Chdsti, 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 [his ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H\LEG OIR~Joseph/Ord-SSPlan-83-SoSide doc PROPOSED SANITARY ~ SERVICE AREA BOUNDARY ~ , ~/S~R SERVICE AREA ~- ~ / ',,,J 328~: ACP.~-S YORKTOWN BOULEVARD VICINITY MAP/ SANITARY SEWER LINE tExhibit ~ I P~ge 1 of 1 ! / / ,/ Pa. ge !....of I PROPOSED MASTER SANITARY SEWER PLAN AMENDMENT 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 4/26/05) Case No.: 0305-04-Slzemore Real Estate, LLC: A change of zoning fi-om a "B-4" General Business District to an "I-2" Light Industrial District, resulting in a land use change fi.om a general business use to a light industrial use located north of IH37 Fontage Road, south of McKenzie Lane and east of Twin River Boulevard. Plannina Commission's Recommendation (3/23/05): Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan (layout C) and nine (9) conditions. Staff's Recommendation {3/23/05): Denial of the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan (layout E) and nine (9) conditions. Requested Council Action: Approval of Special Permit and adoption of the attached ordinance. Purpose of Request: Development of an office warehouse complex. Summary: The applicant is requesting a change of zoning from "B-4" General Business District to "I-2" Light Industrial District for the purpose of developing an office warehouse complex with outdoor storage on 15.86 acres. Ten (10) 5,000 square foot office warehouse structures are planned on the subject property. Each structure will consist of 1,500 square feet of office area and 3,500 square feet of warehouse area with an eave height up to 24 feet. · Access is provided along IH 37 frontage road, an expressway and Twin River Boulevard and McKenzie Lane, collector streets. The surrounding area is predominantly undeveloped with the exception of residential development further northwest and industrial uses such as the Allison Wastewater Treatment Plant and petroleum uses to the northwest near the Nueces River. An unrestricted industrial district permits as a matter of right on a range of noncompatible and objectionable uses on the subject property that would not be appropriate due to the property's proximity to IH 37, a phmary entrance comdor to the City. Some allowance for outside storage could be accommodated through a Special Permit. The Special Permit would limtt the outside storage and ensure screening from adjacent public rights-of-way. Agenda Memorandum Case No. 0305-04 (Sizemore Real Estate, LLC) Page 2 The applicant has submitted multiple site plans for the subject property After reviewing the applicant's preferred site plans, staffwas not entirely supportive of the plans. Staff recommends a site plan modification to improve circulation for trucks with a large wheel base within the subdivision. The applicant prefers a layout with multi cul-de-sacs that may not accommodate large wheel base vehicles when attempting u-mm movements. Aplfficant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 12 notices mailed to the surrounding property owners, 1 was returned in favor and 0 in opposition. The 20% rule is not invoked. This case is considered controversial. Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/gp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H~PIN DIR~SHARED\GaiI/WOI.LD~AGENDMEM~20052vlarchk0305434A(iENDAMEMO doc ZONI'NG REPORT Case No.: 0305-04 Planning Commission Hearing Date: March 23, 2005 Applicant: Sizemore Real Estate LLC Owner: DHS Enterprises Agent: Wayne Lundquist Legal Description/Location: River Square Unit 1, Block 1, Lots 1 through 4, located north of IH37 Fontage Road, south of McKenzie Lane and east of Twin River Boulevard. From: "B4" General Business Disu'ict To: "I-2" Light Industrial Dislnct Area: 21.93 acres Purpose of Request: Development of an office warehouse complex. Zoning Existing Land Use Site "B4" General Business Undeveloped lots Disa-ict North Out of City Limits (OCL) Undeveloped lots South "R-lB" One-family Dwelling Undeveloped land Dislnct East Out of City Limits (OCL) Undeveloped land West "B4" General Business Office and laboratory Disthct and "B--4"/SP General Business District with a Special Permit Future Land Use General Business General Business General Business Neighborhood Business and General Business General Business Area Development Plan: Northwest The requested "I-2" District is not consistent with the future land use map. The plan recommends commercial development. Map No.: 06050 Zoning Violations: None Zoning Repor~ Case No. 0305-04 (Sizemore Real Estate, LLC) Page 2 The applicant is requesting a change of zoning from "B4" General Business District to "I-2" Light Industrial District for the purpose of developing an office warehouse complex with outdoor storage on 15.86 acres. Ten (10) 5,000 square foot office warehouse structures are planned on the subject property. Each structure will consist of 1,500 square feet of office area and 3,500 square feet of warehouse area with an cave height up to 24 feet. Access is provided along IH 37 frontage road, an expressway and Twin River Boulevard and McKenzie Lane, collector streets. The surrounding area is predominantly undeveloped with the exception of residential development further northwest and industrial uses such as the Allison Wastewater Treatment Plant and petroleum uses to the northwest near the Nueces River. An unrestricted industrial district permits as a matter of right on a range of noncompatible and objectionable uses on the subject property that would not be appropriate due to the property's proximity to IH 37, a primary entrance corridor to the City. Some allowance for outside storage could be accommodated through a Special Permit. The Special Permit would limit the outside storage and ensure screening fi'om adjacent public rights-of-way. The applicant has submitted multiple site plans for the subject property. After reviewing the applicant's preferred site plans, staff was not entirely supportive of the plans. Staff recommends a site plan modification to improve circulation for trucks with a large wheel base within the subdivision. The applicant prefers a layout with multi cul-de-sacs that may not accommodate large wheel base vehicles when attempting u-turn movements. Street Type ~ McKenzie Lane Rural arterial -,-, Twin River Boulevard Collector ~ IH 37 (frontage road) Expressway/frontage road Paved Section Volume (2001) 60' R.OW. w/20' bk to bk 300 a.d.t. paved section 2 lanes 78' R.O.W. w/61' bk to bk Not available paved section - 2 lanes 400' R.O.W. w/variable 61,170 a.d.t paved section The subject property is platted. A Special Permit was granted for the subject property in 2001 for warehousing and outdoor storage. Development of the property for the approved use did not occur and the Special Perrmt has since expired. The proposed Special Permit is similar to the one approved in 200 l with the exception of a site plan and stracture square footage being added. H 'J~LN -I)IR/SIIAREI)\GaiI~WORD'~ZONRP'I S~2005hM arch\03054)4 Report doc Zoning Report Case No. 0305-04 (Sizemore Real Estate, LLC) Page 3 Denial of the "I-2" Light Indus~ial District and in lieu thereof, approval of a Special Permit subject to a site plan and nine (9) conditions. USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District are office warehouse uses, with a office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. ARCHITECTUAL STANDARDS: Office/warehouse buildings constructed on each lot shall have a masonry fagade. SETBACKS: Buildings constructed on each lot shall be uniform as to front yard setbacks. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the primary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be setback a minimum of 20 feet from any public right-of-way. LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure on each lot. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all times. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #l and in compliance with all other conditions and City rules and regulations. H ,P LN- DIR/~S H A RE D~Gail~,WO R D tZON Rp I'S O. 005'dvl arc h\03054)4 Repor~ doc Zomng Report Case No 03054)4 (Sizernore Real Estate, LLC) Page 4 Denial of the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan and nine (9) conditions. Number of Notices Mailed Favor 1 Opposition 0 (As of March 17, 2005) 12 Attachments: Zoning Map Staff Recommended Site Plan Modification Applicant/Representative Recommended Site Plans (A, B, C, or D) IlhUl N -DIR~S HARED\GaJI\WOR D~ZONRPTS~005hMarch\0305434Repori doc B-4 B-4/SP/96-11 OCL SUBJECT/PARCEL OCL R-lB NORTH ,23 22 22~ 120' 12~ 1~:)" 140Z~2' LOT 1 100 INTERS~AT£ HIGHWAY NO 37 RIVER SQUARE INDUsI KIAL SITES JOe NO. ~ ~ 17. I~EUI=4B AN~ 25 24- ~ 19 20 ~ 17 110' 1~3' 120' IlO' ~ ~_ ,o ~. ,, ~. 120' I~D' 1~3' 140.43' 120' 110' l~D' 1~ INTERSTATE HIGHWAY NO. 37 LA~Lrr '¢' 24 LOTS 120'x196+ R~R SQUARE INDU~I~N_ SITE~ Planning Commission Meeting March 23, 2005 Page 7 b. Case No. 0305-04: Sizemore Real Estate, LLC: "B-4" General Business District to an "I-2' Light Industrial District, resulting in a land use change from a general business use to a lil~ht Industrial use. River Square Unit 1, Block 1, Lots 1 through 4, located north of IH37 Frontage Road, south of McKenzie Lane and east o£Twin River Boulevard Excerpts from Zoning Report Legal Description/Location: River Square Unit 1, Lots 1 through 4, located north of IH 37 Frontage Road, South of McKenzie Lane and eust of Twin River Boulevard Purpose of Request: Development of an office warehouse complex. Area Development Plan: Northwest-The requested "1-2" District is not consistent with the future land use map. The plan recommends commercial development. Department Comments: A Special Permit was granted for the subject property in 2001for warehousing and outdoor storage. Development of the property for the approved use did not occur and the Special Permit has since expired. The proposed Special permit is similar to the one approved in 2001 with the exception of a stte plan and structure square footage being added. Staff Recommendatton. Denial of the "I-2" Light Industrial Dtstrict and in lieu thereof, approval ora Special Permit subject to a site plan and five (5) conditions. USES: the only uses authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District are office warehouse uses, with an office area up to 1,500 square feet and warehouse area up to 3,500 square feet with a maximum eave height of 24 feet. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the prtmary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be setback a minimum of 2O feet from any public right-of-way. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public right-of-way and properties. The outside storage shall not extend above the height of the screeningfence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANSCAPING: In addition to compliance with Article 27B, Landscape regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the publtc rights-of-way. All lnndscaping must be kept in a healthy and growing condition at ali times. TIME LIMIT: THIS Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other condittons and City rules and regulations. Request: Change of zoning from "B2,'' General Business District to "I-2" Light Industrial District resulting in a development of an office warehouse space. Mrs. Carrillo-Arispe 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. One was received in favor and none in opposition. Planning Commission Meeting March 23. 2005 Page 8 Mrs. Carrillo-Arispe stated the that existing land use map shows the subject parcel surrounded by multi-family residential, general business and some of the outer city limits along the industrial corridor. The applicant proposes to build between 8 to 10 separate offices encompassing a space of 5,000 square feet. Each structure will consist of 1,500 square feet of office space and 3,500 square feet of warehouse area with eaves not to exceed height of 24 feet but varying between 18 and 24 feet. Staffrecommends a denial of the "1-2" but approval of a Special Permit subject to five (5) conditions for use, outside storage usage, screening, landscaping, and a time limit to the Permit. Specifically, the special permit would allow uses by right in the "134" with the exception of the warehouse office use, applicant is requesting outside storage to be permitted as an accessory use but limited to 30% of the premise size. All outside storage must have a setback ora minimum of 20 feet from any public right-of-way with a solid wooden fence screening and landscaping. In addition to that screening, this would provide screening from the multi family and other property around the surrounding area. Time limit with a Special Permit to expire within two years of the date of the ordinance is recommended unless the property is being used as allowed in the conditions. Commissioner Pusley stated that staffsubmitted site plans with 17 to 25 lots. Staffand applicant stated they have not agreed on one particular site plan. In response to Colnmissioner Pusley's questions, Mrs. Carrillo-Arispe indicated that the issue with this particular piece of property would be the outside storage. Limiting the use to specific height requirements, setback requirements, and specific uses that are consistent with "B4" and not "1-2" such as flammables would be allowed in other districts. Commissioner Pusley stated that this is an area that was part of the city's corridor entrance study that was done a few years ago which basically stated that the City was going to try and not bring industrial development into this area because it is the entrance to our City. This is not an area where we want to see commercial development being done. This is immediately across the street from a new elementary school and TMISD has passed two resolutions against this type of development. One of them was done last year on this same piece of property. This is something Staff should not have brought before LIS. The public heating was opened. Wayne Lunquist, 6700 Everhart, stated that he requested a similar permit three years ago and is agreeable with all the conditions that is included with a special permit except the 30% requirement. The developers are willing to screen an outdoor storage with a wooden fence. They are requesting to approve the "1-2" permik The developers are 90% agreeable with what staffis recommending. In response to Chaim~an Berlanga's question regarding types of storage, Mr. Lunquist indicated that many different things can be stored in the warehouse with no item exceeding the 6 foot height requirement. Chairman Berlanga indicated that the TMISD is in opposition of the permit. TMISD was assured Ihat the General Business District would not have a negative impact on the area. Jeff Sizemore, I 1810 Warfield, San Antonio, Texas, anticipates service type contractors needing outside storage use. No dangerous chemicals will be stored. There will be no residential property built to the north due to the fact that the property is owned by the City. There will be access from the front of the building through McKenzie Road and Interstate Highway 37 from the back. Commissioner Pusley indicated that there is a new elementary school diagonally across this new proposed site. TMISD forgave back taxes that were owed to the school district to allow the developer to Planning Commission Meeting March 23, 2005 Page 9 come in and develop this piece of property with the understanding that it would not be a de~imental development or a detriment to the school district, or the surrounding neighborhoods as it is one of the most upscale subdivisions in Northwest Corpus Christi other than Wood River. Under the screening guidelines, the screening height is limited and does not include machinery or equipment. This Commission has no control as to who this property can be sold to or future development (what is built there). Mr. Gunning indicated that the "B4" does not allow warehousing. It allows mini-storage usage and minimum warehousing associated with the retail ora furniture company or other types of establishments. Commissioner Stone stated that if this property is not allowed a Special Permit, the property will just sit there. Office warehouse seems like the best use. Wayne Lunquist indicated that the developers are willing to have uniform setbacks, no storage in front, and it will not be an industrial warehouse. There will not be any metal fronts. Masonry fronts will be on all fronts of the buildings. It will be a nice office warehouse with outside storage, and we are asking for outside storage. In response to Chairman Berlanga's questions, Mr. Lunquist stated that there were some conditions that the applicant was not acceptable with. He would like no more than 30% of the premises for outdoor storage. As an example, 5,000 square foot building is built with only 1500 square foot of outdoor storage on a one acre tract. Mr. Gunning indicated that the 30% would apply to each lot, which could be sold individually. The intent is to develop the market for office warehouse over time, not all at once. The 30% would apply to the property as a whole. In response to Mr. Gunning, Mr. Lunquist indicated that they have no problem with any of the five conditions. Mr. Sizemore indicated that he does not plan to sell to anyone. He would like to build and lease them to tenants. Ms. Sizemore states that he did not understand the two year limitation. The developers are willing to add some of the restrictions spoken of. No storage in the front yard, uniform setbacks, and no metal fronts on buildings (masonry or stucco). Mr. Gunning stated that the two year limitation will benefit the developer. A typical Special Permit is approved and granted for one year. This particular case allows the developer two years to beg/n construction Cormnissioner Pusley stated that this has been a very difficult situation in this area for the TMISD because we live here, and our kids go to school in an industrial area. What is not owned by a refinery is a plowed field or has so many pipelines underground, no one can build there for the next hundred years. Pusley stated that he was part of the committee that searched for sites to build two new schools in the Tuloso Midway residence. Without any assistance from the City, it taxed itself to the tune of 40 million dollars to build those two school buildings. No one assisted in that plan of action. Tremendous sacrifices have been made for the community. The committee went to TXDOT to work with them regarding the flyover to get large vehicles in and out quickly. There are many options for this proposed site such as doctors' offices or professional offices instead ora warehouse complex In response to Commissioner Salazar's question regarding building codes, Mr. Gunning indicated that there would be no restrictions on the building codes. Under the existing zoning, the developer could not build anything more than 800 square feet under "B-4". The Developer can build a 3500 square foot office and an 800 square foot warehouse. This is allowing him additional footage for the warehouse. Planning Commission Meeting March 23, 2005 Page 10 In response to Commissioner Salazar, Mr. Sizemore stated that TMISD was given a presentation and passed a resolution to be against what is now Fleet Pride (an international truck dealerships). It was under contract to be built, due to the resolution from TMISD. The owners or Fleet Pride did not want to be involved with that opposition. The contract and zoning application was cancelled. The current owners pulled their request for a zoning change and were not made to pay for closing on the contract. In response to Commissioner Pusley's question, Mr. Lunquist stated that the developer would like to build one street and build as needed or in demand. The developer would like not to put in the street that staff.recommended where it would parallel to River Run all the way down since the demand is not known at this time. The Developer would like to put in one cul de sac at a time. The buildings would front Interstate Highway 37, and the storage yards would be screened from Interstate Highway 37. Mr Gunning stated that he would like to make a recommitment on the Cotton Testing Facility. Interstate Highway 37 is the entry way to our City which we would like to protect. Staff.would not like to enconrage any "1-2" or Light Industrial zoning further west than what is already indicated. Staffwould also like to ask the developer to look at additional landscaping. The property's level is at a higher elevation than Interstate Highway 37 and the screening fences will not screen the parking or warehousing usage. The planting of Oak Trees every 50 feet would cover the area over time. Staff can address the developer's concerns if they file a preliminary plat on the entire piece of property and do a final plat on the lots they want to build. The developer can build a street associated with those lots, without a cul de sac, but with a temporary mm around extended with lots sold and developed in the future. Chairman Berlanga added conditions pursuant to Mr. Lunquist to allow TMISD to agree. These conditions should be: 1. Uniform Setback 2. Masonry Fronts 3. No storage in front of buildings 4. Storage screened with taller landscaping such as oak trees every 50 feet (not palms) Mr. Sizemore indicated that he would like to commit to Site Plan C, The public hearing was closed. A motion was made and seconded to deny the "I-2" Light Industrial District and in lieu thereof, approval of a Special Permit subject to site plan C or as determined in the platting process and five (5) conditions. The motion passed unanimously with Zamora being absent. V. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES Conmaissioner Salazar stated that the minutes from March 10, 2005 show him as absent when he was in attendance. Mr. Salazar would like a correction made. Motion was called and seconded, to correct the absence. Motion passed unanimously with Zamora being absent. 12D' 1zo' 12o' 11o' LOT 1 IN'rF__.~STATE HIGHWAY NO. ,37 LAYOUT 'A' I1 RIVER SQUARE INDU~i KIAL SITES ~ ~ 17. le~e ~o 16 110' g ~ 11 RIVER SQUARE IN DUSTRLa, L SITES LAYOUT 25 LOTS 100'~.20' 19 'N~RSTATE HIGHWAY NO. 57 Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SlZEMORE REAL ESTATE, LLC; BY CHANGING THE ZONING MAP IN REFERENCE TO RIVER SQUARE UNIT 1, BLOCK 1, LOT 1 THROUGH 4, (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR WAREHOUSE/OFFICE USES SUBJECT TO SITE PLAN (LAYOUT C) AND NINE (9) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Sizemore Real Estate, tLC. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 23, 2005, during a meeting of the Planning Commission, and on Tuesday, Apdl 26, 2005 and May 10, 2005, dudng 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 Chdsti 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 granting a Special Permit for warehouse/office uses, on River Square Unit 1, Block 1, Lots 1 through 4, (currently zoned ~B-4" General Business District), located north of IH 37 frontage road, south of McKenzie Lane and east of Twin River Boulevard, as shown in the attached Exhibit Layout C. (060050) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A - Layout C and the following nine (9) conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "B-4" General Business District are warehouse/office uses, with a warehouse area up to 3,500 square feet and office area up to 1,500 square feet with a maximum eave height of 24 feet. ARCHITECTUAL STANDARDS: warehouse/office buildings constructed on each lot shall have a masonry facade. H:~_EG~DIR~oseph~Zoning-05\0305~40RDS PalLA2 Page 2 of 4 SETBACKS: Buildings constructed on each lot shall be uniform as to front yard setbacks. OUTSIDE STORAGE: The outside storage allowed as an accessory use to the pdmary use located on the same premise and is limited to no more than 30 percent of the premise. All outside storage must be setback a minimum of 20 feet from any public right-of-way. LOCATION OF OUTDOOR STORAGE: Permitted outdoor storage shall not be located in the front yard or forward of any structure on each lot. SCREENING: A solid wooden screening fence with a height of not less than six feet must be used to screen the outside storage from view from surrounding public rights-of-way and properties. The outside storage shall not extend above the height of the screening fence, except that this limitation does not include machinery equipment. A chain-link fence with slats shall not be considered to be a solid screening fence. LANDSCAPING: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall include 5-gallon oleanders every five feet on center between the outside storage screening fence and the public rights-of- way. All landscaping must be kept in a healthy and growing condition at all times. LANDSCAPE SCREENING: Additional screening of the storage area is to include oak trees planted every 50 feet. TIME LIMIT: This Special Pen'nit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR~Joseph~Zoning~5\0305~04 ORDSPal/A2 Page 3 of 4 SECTION 7. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 10~h day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ ~ ~ Joseph H~ney Assistant City Attorney For City Attomey 2005 Henry Garrett Mayor, The City of Corpus Chdsti H:~LEG-DIR~loseph~_oningq35~0305-04 ORDSP al/A2 Page 4 oi: 4 Corpus Christi, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings, I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:~EG-DIR~Joseph~_oning~)5\0305-O4ORDS PaltA2 24, 23 17 ~ 19 20 1~3' 120' 1402(3' _J 110' 12~' 110' 120' 12~3' 110' 120' 12~Y I~A1E HJGHWAY NO. 437 -189- 144L(,T 5 141~11' (~UFIBANI 23 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 5/10/051 Case No.: 0305-03-Bob Bair d/b/a Bair's Den: A change of zoning from a "B-I" Neighborhood Business District to a "B-4" General Business DisU'ict in Koolside Addition, Block 8, Lot 15, Less R.O.W., located along Gollihar Road between Lum Avenue and Airline Road. Plannin£ Commission's Recommendation 1'4/6/051: Denial of a "B-4" General Business District and, in lieu of thereof, approval of a Special Permit for one year subject to an annual renewal by the Planning Commission and a site plan. Staff's Recommendation (4/6/051: Denial of the "B-4" General Business District. Requested Council Action: Approval cfa Special Permit for one (11 year subject to an annual renewal by the Planning Commission and a site plan; and adoption of the attached ordinance. PurDose of Request: To convert the existing restaurant with alcoholic beverages to a bar. Summary: · The applicant is requesting a change of zoning to a "B-4" General Business District in order to continue generating a bar. · The existing restaurant use with alcoholic beverages was permitted as such since 1996 within the "B-1" Neighborhood Business District. The "B-1" District allows for restaurants with or without alcoholic beverages. City zoning regulations and state law does not identify a use as a bar until alcoholic beverage sales constitute 75% more of the businesses' total sales. June 1984, a legal opinion from the City of Corpus Christi Legal Department identified a bar, saloon or tavern as an allowable use under the permitted use section for the "B-l' District. Such use fell under the category of "Personal Service uses restaurants, and other personal service uses of a similar character. The phase "other personal service uses of similar character" implied that other establishments serving not only food, but alcoholic beverages with food, or alcoholic beverages only, was included. As a result of this interpretation, to the "B-I" District amended in order to clarify the issue and to remove any confusion. July 1984, Planning Commission and Staffrecommended to City Council an amendment to the zoning ordinance eliminating bars, lounges and taverns from the "B- 1" District and provided a list of bar establiskments that would become legal non-conforming (grand fathered) with the adoption of this amendment. At that time, Bair's Den or any use at 5712 Gollihar Road was not identified as a bar, lounge or tavern. Scptembcr 1984, City Council approved the elimination of bars, lounges and taverns from the "B-I" Dtstnct. Since that time, the City of Corpus Christi has not allowed the establishment of any new bar, lounge or tavern xvithin the "B-I" District. Agenda Memorandum Case No 0305-03 (Bob Bait cl/b/a Bait's Den) Page 2 · The subject property was zoned "B-I" in 1976 and previously was the site of a restaurant known as "Black Diamond Oyster Bar". Bair's Den is located along Gollihar Road, a collector street section that intersects with Airline Road, an arterial roadway. Gollihar Road is a 4-lane street with a right-of-way of 70 feet and paved back to back section of 48 feet. The arterial roadway, Airline Road, comprises of 4-1anes with a continuous lePr turn lane and has a R.O.W. of 80 feet and paved back to back section of 62 feet. Collector streets can support the development of uses permitted in the "B-1 District or less intense districts that generate lower traff~c volumes. The "B~" District is most appropriate along an arterial roadway serving uses that provide greater density and higher traffic volumes. Gollihar Road between Airline and Staples is more of a residential collector that has provided primary access to Meadowbrook Elementary and King High School. Typically, business uses that generate higher volumes of traffic, not primarily serving the immediate residential area and/or historically utilizes substantially greater police protection than other business uses are not appropriate in the "B-I" Neighborhood Business District Property northeast of the subject property along Airline Road between Lure Avenue and Gollihar Road is developed with neighborhood business uses. Northwest of the subject property are "R-lB" District properties developed with single-family residences and a church. To the south along the east side of Airline Road between Gollihar Road and McArdle Road are "B-I" District neighborhood business uses and a "B-I" District granted a Special Permit in 2001 for automobile sales. Southwest of the subject property is an "AB" District developed with office uses and a hair salon under construction, as well as a "R-1B" District consisting of single-family residences. The subject property is located within a stable "B-l"Distnct area that is not recommended for "B4" District uses. Within the subject property area there is not any "B-4" District classifications. An automobile sales area to the south was granted a Special Permit in 2001 and a similar use to the north was granted a Special Permit for automobile sales in 2004. Two legal non-conforming uses exist to the north, a bar and an auto repair shop, along Airline Road within the "B-I" District. A change of zoning to a "B-4" District on the subject property would constitute spot zoning. Spot zoning occurs when a change in district boundaries for a use violates sound pnnciples of zoning and are characterized by the following: Usually the amount of land involved is small and The proposed rezoning would give privileges not generally extended to similar properties i.e. the 31 legal non-conforming bars created in 1984 with the elimination of bars, lounges and taverns in the "B-1" District. The Southeast Area Development Plan's future land use map supports the continuation of netghborhood business uses for the subject property and properties along the west side of Airline Road from McArdle Road to Lum Avenue. · The applicant/representative is willing to accept a Special Permit subject to an annual renewal by the Planning Commission for the subject property to operate as a bar. Al~ifficant's Position: The applicant concurs with Planning Commission's recommendation. H:PLN nIR~.SlIA bLED\GaiI\WORDkAGENDM EM'2005hM arch\03054)3AGENDAM EMO dec Agenda Memorandum C~e No 03054)3 (Bob Bait d/b/a Bait's Den) Page 3 Notification: Of the 37 notices mailed to the surrounding property owners, one was returned in favor and zero in opposition. The 20% rule is not invoked. This case Is considered controversial. Assistant Director of Development Services MG/FGMSgp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance II \PLN D[R/SllA RED\GaiI\WORDxAGENDM EM'~2005~dM arch\0305433 AGEN DAM EMO doc ZONTNG REPORT Case No.: 0305-03 Planning Commission Hearing Date: March 23, 2005 Applicant: Bob Bair d/b/a Bair's Den Owner: Same as applicant Agent: James A. Skrobarcek, Attorney at Law Legal Description/Location: Koolside Addition, Block 8, Lot 15, less R.O.W., located along Gollihar Road between Lum Avenue and Airline Road. From: "B-I" Neighborhood Business District To: "B-4" General Business District Area: 0.24 acre Purpose of Request: To convert the existing restaurant with alcoholic beverages to a bar. Zoning Site "B-I" Neighborhood Business District North "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District South "AB" Professional Office District, "R- 1B" One-family Dwelling District, "B-I" Neighborhood Business District and "B- I"/SP Neighborhood Business District with a Special Permit East "B- 1" Neighborhood business and "R-lB" One- family Dwelling District West "R-lB" One-family Dwelling District Existing Land Use Neighborhood business Low-density residential and neighborhood business Future Land Use Neighborhoo~ business Low-density residential and neighborhood business Professional office, low- density residential, neighborhood business and neighborhood business with special permit for automobile sales Neighborhood business and low<lensity residential Low-density residential and public/semi-public Professional Office, Iow- density residential and neighborhood business Neighborhood business and low-density residential Low-density residential and public/semi-public Area Development Plan: Southeast- The Southeast Area Development Plan's future land use map supports the continuation of neighborhood business uses lbr the subject properly and propemes along the west side of Airline Road from McArdle Road to Lum Avenue. Map No.: 042037 Zoning Violations: Issued February 17, 2005 -Illegal Land Use: Tavern, Lounge or Bar not permitted in "B-I" District Pending action of rezoning Zomng Report Case No. 0305-03 (Bob Bait d/b/a] Bair's Den) Page 2 The applicant is requesting a change of zoning to a "B-4" General Business District in order to continue generating a bar. The existing restaurant use with alcoholic beverages was permitted as such since 1996 within the "B-I" Neighborhood Business Dis~ict. The "B-I" District allows for restaurants with or without alcoholic beverages. City zoning regulations and state law does not identify a use as a bar until alcoholic beverage sales constitute 75% more of the businesses' total sales. June 1984, a legal opinion from the City of Corpus Christi Legal Department identified a bar, saloon or tavern as an allowable use under the permitted use section for the "B-1 TM District. Such use fell under the category of "Personal Service uses restaurants, and other personal service uses of a similar character. The phase "other personal service uses of similar character" implied that other establishments serving not only food, but alcoholic beverages with food, or alcoholic beverages only, was included. As a result of this interpretation, to the "B-l" Distyict amended in order to clarify the issue and to remove any confusion. July 1984, Planning Commission and Staffrecommended to City Council an amendment to the zoning ordinance eliminating bars, lounges and taverns from the "Bql" District and provided a list of bar establishments that would become legal non-conforming (grandfathered) with the adoption of this amendment. At that time, Bait's Den or any use at 5712 Gollihar Road was not identified as a bar, lounge or tavern. September 1984, City Council approved the elimination of bars, lounges and ~verns from the "B-I" District. Since that time, the City of Corpus Christi has not allowed the establishment of any new bar, lounge or tavern within the "B-I" District. The subject property was zoned "B-I" in 1976 and previously was the site ora restaurant known as "Black Diamond Oyster Bar". Bair's Den is located along Gollihar Road, a collector street section that intersects with Airline Road, an arterial roadway. Gollihar Road is a 4-lane sweet w/th a right-of-way of 70 feet and paved back to back section of 48 feet. The arterial roadway, Airline Road, comprises of 4-lanes with a continuous left turn lane and has a R.O.W. of S0 feet and paved back to back section of 62 feet. Collector streets can support the development of uses permitted in the "B-1 District or less intense districts that generate lower traffic volumes. The "B4" District is most appropriate along an arterial roadway serving uses that provide greater density and higher traffic volumes. Gollihar Road between Airline and Staples is more of a residential collector that has provided primary access to Meadowbrook Elementary and King High School. Typically, business uses that generate higher volumes of traffic, not primarily serving the immediate residential area and/or historically utilizes substantially greater police protection than other business uses are nol appropriate in the "B-1" Neighborhood Business District Zoning Report Case No. 0305-03 (Bob Bait d/b/a/Bair's Den) Page 3 Property northeast of the subject property along Airline Road between Lum Avenue and Gollihar Road is developed with neighborhood business uses. Northwest of the subject property are "R-lB" District properties developed with single-family residences and a church. To the south along the east side of Airline Road between Gollihar Road and McArdle Road are "B4" District neighborhood business uses and a "B-I" Dis~ict granted a Special perrmt in 2001 for automobile sales. Southwest of the subject property is an "AB" District developed with office uses and a hair salon under conslxuction, as well as a "R-lB" District consisting of single-farmly residences. The subject property is located within a stable "B-l"District area that is not recommended for "B4" District uses. Within the subject property area there is not any "B4" District classifications An automobile sales area to the south was granted a Special penmt in 2001 and a similar use to the north was granted a Special Permit for automobile sales in 2004. Two legal non-conforming uses exist to the north, a bar and an auto repair shop, along Airline Road within the "B-1" District. A change of zoning to a "B-4." District on the subject property would constitute spot zoning, Spot zoning occurs when a change in district boundaries for a use violates sound pnnciples of zoning and are characterized by the following: Usually the amount of land involved is small and The proposed rezoning would give privileges not generally extended to similar properties i.e. the 31 legal non-conforming bars created in 1984 with the elimination of bars, lounges and taverns in the "B-I TM District. The Southeast Area Development Plan's future land use map supports the continuation of neighborhood business uses for the subject property and properties along the west side of Airline Road from McArdle Road to Lum Avenue. The applicanffrepresentative is willing to accept a Special Permit for the subject property to operate as a bar. Street Gollihar Road Airline Road Type Paved Section Volume (2001) Collector 70' R.O.W. w/48' bk to bk 47,290 a.d.t. paved section - 4 lanes Arterial 80' R.O.W. w/62' bk to bk 13,700 a.d.t. paved section - 4 lanes with continuous left turn lane The subject property is a platted lot. Zoning Repon Case No. 0305 03 (Bob Bair 4/b/a/Bair's Den) Page 4 On March 23, 2005, Planning Commission tabled the case until city Legal counsel could confirm whether a special permit could be tied to the owner of the property, the property parcel or if a time limit could be imposed for thc use. TABC records indicate that Bair's Den was issued Bait's Den a TABC license for alcoholic beverages October 1996. A food and beverage permit for the establishment was expired in 1997 and was not renewed by the owner. The owner/operator was tully aware that a bar was not permitted on subject lot. Denial of the "B-4" General Business District Denial of "B4" General Business District and, in lieu of thereof, approval of a Special Permit for one year subject to renewal and a site plan. Number of Notices Mailed Favor 2 Opposition 0 (As of March 17, 2005) 37 Attachment: Vicinity Map Zoning Map Site Plan Applicant's Land Use Statement Applicant's Attorney Memo H'PLN DIR~.SIIARED'/GaiI',WORD,ZONRPIS 2005~March\03054)3Report doc SUBJECT PARCEL NORTH /~/SU BJ ECT ~"~ ~ R-1 NORTH I~ J, Ill ;J~i .,llJ illl ill / / 1 ! 1,...,.,¥11i! , LAND USE STATEMENT FORM Complete the land use statement form providing the following information: Purpose of the request with applicable background information as ia the development plan for the property, i.e., usage of property, number and square footage[s) of ex~stlng and/or proposed building(si/unit{si, height of such buikfllng(s~/un~t(s), pc~rldng plans/spaces, phasing scheduJe of development, number of employees associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(si, type, area and sefback of signage, etc. Supporting documents may be submit'led, i,e, site plan. it needed, additional pages are acceptable. Identify the existing land uses adjoining the area of request: So~h ~ast Wesl JAMES A. SKROBARCEK ATTORNEY AT LAW P.O. Box 1418 (361) February 28, 2005 Ms. Fary~ Ooocl~Macon City of Corpus Christi Zoning D~pt 2406 L~opard St. Corpus Christi, Texas RE: 5712 Oollihar Rd, Koolside Lt. 15 less ROW Blk. 8 Dc. ar Ms. Good-Macon: I represent BaiFs Den and Bob Ba/r, the owner of the property, m refi:rence to the notice of zoning ordinance violation received on February 18, 2005. My client requests that the zomng des/gnation fur the property lac changexl m order to continue to operate the business there as a bar. Specifically, my client's request is not to attempt to change the underlying zoning dcs/gnation fur the entire area, but to obtain a permit for this specific use through the auspices of the City Council. Because ofh/s particular financial s/mat/on, my client requests that the pro~ssmg f~e be waived in this matter. Thank you very much fur your atlcntion to this matter. If there is anything further we noed to discuss please do not hesitate to call me. cc: Bob . Skrobarcck MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - April 6, 2005 a. Case No. 0305-03: Bob Bait d/b/a Bair's Den: "B-I" Neighborhood Business District to a "B4" General Business District, resulting in a land use change fi-om a neighborhood business use to a ~,eneral business use. Koolside Addition, Block 8, Lot 15, Less RD.W., located along Gollihar Road between Lum Avenue and Airline Road. Request: Change of zoning from "B-I" neighborhood Business District to "B-4" General Business District resulting in a change of an existing restaurant with alcoholic beverages to a bar. Excerpts from Zoning Report Legal Description/Location: Koolside Addition, Block 8, Lot 15, less R.O. ~, located along Gollihar Road between Lum Avenue and Airline Road Purpose of Request' To convert the existing restaurant with alcoholic beverages to a bar. Area Development Plan. Southeast-the Southeast Area Development Plan's future land use map supports the continuation of neighborhood business uses for the subject property and properties along the west side of Airline Road from McArdle road to Lum Avenue. Department Comments: TABC records indicate that Bair's Den was issued a TABC license for alcoholic beverages October 1996. A food and beverage permit]or the establishment was expired in 1997 and was' not renewed by the owner. The owner/operator was fully aware that a bar was not permitted on subject lot. Staff Recommendation: Denial of the "B 4" General Business District Michael Gunning stated that at the last public hearing Bob Bair d/b/a Bair's Den, commissioners tabled this item to be able to obtain legal opinion indicating if a special permit for a bar use could be approved under a special permit tied to the owner. The Special Permit must be tied to the land and not the owner. The City's Legal Department stated that the Commissioners' could approve a time limit of one to two years on the Special Permit before it would need to be reviewed by the public hearing process again. ~Dfis would be pending a demonstration that Bair's Den has been a good neighbor and that the bar is operating under the same manner in which it is now. There has been no opposition by the St. Piux church, school district, or King High School Principal. One letter was returned in favor in keeping Bair's Den open, none in opposition. Staffis recommending denial ora Special Permit. The grandfather status does not apply to Bait's Den so the owner is seeking a rezoning to continue the use of the bar/tavern. In response to Chairman Berlanga's question, Mr. Gunning stated that any other bar/tavern could come before the Commission and use the Bait's Den as an example to be able to receive a Special Permit. It makes things difficult in trying to keep things consistent when recommendations do not fall in line for our use. The primary concern is to protect the neighborhood and making sure that business uses do not encroach into those neighborhoods. If the situation arises in the future, this could come up again. Chairman Berlanga stated that Mr. Hamey did supply the Corrmnissioners with case law to support the opinion. planning Commission Minutes Case No 03054)3 (Bob Bair d~b/a Bait's Den) April 6, 2005 Page 2 In response to Con]missioner Zamora's question, Mr. Gunning indicated that the property is located one-half block off of Airline and adjoins a general dollar store that fronts on Airline and Gollihar, it is not in the center of the neighborhood The Special Permit would be joined with conditions that include that the owner maintain the existing footprint of the building on the land as it is situated (continue operating as is), continue to operate under the laws of the state administered by the TABC and the laws of the city. There would be no time limit on the hours oft_he bar/tavern. The state has not delegated to cities to regulate bars and taverns There has been leeway to grant variances that remain under the view of Texas. In response to Commissioner Pusley's statement, Mr. Gunning indicated that in 1984 the "B-I" District was amended to eliminate the bar uses. In 1991, the City further modified the "B-I" District to eliminate auto related usage such as auto sales, parts and full service gas stations. This was all in an attempt to respond to community concerns about what type of businesses are most appropriately located when adjacently located to residential or in proximity to residential properties. In 1996 Mr. Bait proceeded to open the location as a restaurant. In 1997 TABC changed their license from a food and beverage license to a regular license for a bar. If a grandfathered bar/tavern ceases operations for a period of twelve (12) months or more that grandfathered clause expires automatically, and would have to seek rezoning which would give them that right and opportunity to apply today such as Bair's Den has. The application would have to be accepted and processed. This case would set that precedent. In response to Commissioner Salazar and Chairman Berlanga's question, Mr. Hamey stated that there is no specific vale against the comrmssion to vote on the review of a yearly or two year basis. 3[he ordinance allows that discretion to council to set any standards regarding a Special Permit. Based on legal research, the Special Permit would have to follow the land, but there is no definitive case that supports. In regards to granting the same permit to the other thirty one (31) nonconforming bars/taverns, it would have to be based on a case-by-case basis. The possibility does exist. Public Hearing was opened. James Skrobarczyk, 3410 Floyd, attorney for applicant, stated that he did not recall any other bar/taverns' right to do business challenged as Mr. Bait's has. He also indicated that the opinion of the Supreme Court is advisory not precedent and it would be an indication ifa similar case was tried on that point. He did not think it would be possible for another bar/tavern to come in and state the same situation as Mr. Bair. Mr. Bait should not have to come in every year to have this case reviewed since he has been in operation for nine years without difficulty, he would not mind coming in every five years for a review. He has spoken to many neighboring people and has yet to run into opposition. Does not believe a precedent would be set. In response to Commissioner Pusley's question, Mr. Skrobarczyk indicated that in thc event that Mr. Bait were to move or sell his property and business, upon the sale of the property or every five years, the case should be reviewed. Mr. Bair would be losing out if the Special permit were to be tied to the person and not the land. The City would be covered if granted a Special Pern~it valuable for five years or upon the sale of the business. Mr. Gunning stated that five years for a Special Pernut is an extended amount of time Itc also stated that it would be a difficult administrative procedure to keep up based on trackang land based decisions such as Special Permits. With changing in-staff personnel, the City would need to set up a mechanism to bring people back in. H PI.N I)[R~_S[[ARED!GaiI',WORD',AG[:NDM[ M~0O5'~April 030,4)3Minutes Except doc Planning ConwnissionMinutes Case No 0305-03 (Bob Bair ct/b/a 0air's Den) April0,2005 Page 3 In response to Mr. Gunning's statement, Mr. Skrobarczyk indicated that the sale of the property would be a real estate transaction that is tied to the property not to the person. Mr. Hamey stated that he would be hesitant to recommend a Special Permit for five years because the City would have to look into making zoning issues of the real estate sales contract. He would not advise to make this a condition. cormmssioner Garz, a stated that he would not be able to in good conscious vote not to allow a Special Permit since the City has allowed him to operate for nine years. When the City ordinance passed to change zoning from "BI" to B4" it was to protect the rights of the neighborhoods. The Commission could grant a Special permit with the condition as long as the business was operating in such a manner to not infringe on the fights of the property owners or the neighbors. If Mr. Bair made the decision to sell his property to someone else, and the City started to receive complaints regarding this business, the commission could revoke the Special Permit. In response to Commissioner Garza's statement, Chairman Berlanga stated that during the s~x years he has been on the Commission, Special Permits have been granted, while the applicants were to be good neighbors, cleanup and remove offending material, it never occurred. Many conditions never occurred. Special Permits place a large burden on staff' in Code Enforcement. Other pressing issues need t o b e resolved a side from Special Permits. Special Permits create more work and problems t'or the City. Commissioner Stone stated that he disagreed with Mr. Skrobarczyk's assessment on the sale of the land. If the land is sold, the Special Permit is not connected to the land anymore. The fact is that Mr. Bair has been operating for nine years has something to say. The property is in a nice neighborhood, near a church and a school and no one has complained. Commissioner Braselton stated that he would like Mr. Bair to come back in two years for a review before the Planning Commission. The Special Permit could be denied if Mr. Bait is not complying. Commissioner Pusley indicated that the City had good reason to eliminate bars/taverns from the "B-I" District. This situation reminds him of the same situation as Ocean House. They were granted a Special Permit, revoked it and now are in court over it. He supports a one year Special Permit allowing it to be reviewed before the Commission again. Comrmssioner Zamora also indicated that he is sympathetic for the business since it has been operating for nine years without fail. Having stated that, lhere is a policy that for good reason bars/taverns are not allowed in "B-I' Distr/ct. '[he business has been operated illegally since 1997 and was not noticed until the "Smoking Ordinance" came into affect. Is there a way the City would know that someone has been operating illegally due to an expired permit without having to inspect every restaurant in Corpus Ckristi? In response to Conmfissioner Zamora's question, Mrs. Bailey-Holly stated that the State used to define bars as people who made 75% or more on their revenue from the sale of their alcohol. A number of years ago that was changed and now it is considered a bar if you make 50% or tnore on the revenue from the sale of alcohol. The City never changed its regulations with the allowable time frame. According to the City, you would have to make over 75% or more on the revenue to be considered a bar. I ['PLN DIR'.SItAKED GaiI\WORD'~A(}ENDMEM 2005/AprLl',030>-03Minurcs l!xcerpl doc Planning Commission Minutes Case No. 0305-03 (Bob Bair d/b/a Bait's Den) April 6, 2005 Page 4 Bair's Den was never authorized to operate a bar in the zoning district. When his restaurant was converted into a bar, it was never an authorized use within the City. In response to Mrs. Bailey-Holly's statement, Mr. Skrobarczyk indicated that when Mr. Bair wanted to obtain a permit to operate a bar, the City informed him that he would not be able to opemte a b ar, b ut a restaurant instead. T he City k new from t he first d ay w hat M r. B air's intentions were. As he was operating the restaurant, he was told by City officials that he was not selling enough food. He needed to be at 25%. Mr. Bait has put in his money and efforts into this business. In response to Chairman Berlanga's question, Mr. Skrobarczyk indicated that City officials encouraged Mr. Bair to operate as a restaurant and did not inform him that he would need to ask for a rezoning to operate as a bar. At the time Mr. Bair did not have legal counsel, and was just following City staff advice. In response to Mr. Skrobarczyk , Mr. Gunning stated that the City would have to establish some written procedures and then turn and communicate it to Mr. Bair. I1ae procedures would include a thirty day notice prior to the expiration of the Special Permit mailed to Mr. Bait, his altomey and the neighbors in the zoning area. If there were to be no negative responses or complaints then there would be the option of a hearing with the PlaIming Commission again and maybe extend the Special Permit from one year to two years. If the Commission were to deny the Special Permit after the one year, the appeal could be to the City Council. A tickler file would need to be established and continued like a zoning case Mr. Skrobarczyk stated that if Mr. Gunning is recommending a Special Perrmt for one year and then two years upon expiration, he would have no objection. Mr. Gunning stated that he is recommending denial and was simply responding to a statement made. Commissioner Pusley indicated that he would like to defend the City Staff by commenting that they have bent over backwards to try and keep Mr. Bair in business. The City has a real lack of enforcement with special zoning issues. The city has a city zoning staff of eight or ten personnel, my analogy of that would be to take that same number of personnel and stated that that was now going to be the police force for the entire City of Corpus Christi and let all the police officers go and just have the code enforcement department. The laws of this city would now be enforced with that zoning staff. It is a real issue and Special perrmts are very difficult. Chairman Berlanga stated that the City has a problem with code enforcement that has been a complaint of the Commission. As a result of the problem, the City has added some personnel for the code enforcement department because of the issues such as these. If Mr. Bair operated not in compliance for nine years, it was to his benefit. But he was still not in compliance. Some one should have told him during those nine years that he was not in compliance if it were known. Black Diamond Oyster Bar was not a problem. Mr. Bair opened his restaurant but not the same way. It was entirely different. Ms. Cline stated that she owns lots of property there and I have known Ms. Cline for a long time and she stated that she has no problem with Bait's Den. I respect Ms. Cline. If someone else were to move in there and they are not "Good Neighbors", Ms. Cline may change her opinion. If I were to open a business, I would realize thai 1 better know exactly what type of business can be established there. I know that ifI didn't, I would know that 1 would have to pay for the consequences later. Several bars in 11 ~PLN D[R%[lAI~!zD'~GaiI',WORI)'~AGENDMEMX2005XApuI'~)305433Minutes Excerpt doc planning Conlmis$ion Minutes Ca~e No. 0305-03 (Bob Bait dgo/a Bait's Den) April 6, 2005 Page 5 our town have shut down for a time and the City once again did not have the enforcement personnel to make sure that they were in operation continuously. Some of those businesses are now going to have to go out of business because they did not follow the requirements. We cannot sit up here and say that code enforcement is to blame again. There are vales and regulations that need to be abided by. If not everything would be a Special Permit, allowances would be made for everyone. When that is done, the City has a problem. In response to Chairman Berlanga's statement, Mr. Skrobarczyk stated that if most of the citizens were to get their advice from city staff, in mm go and spend lots of money on a business, then to find out that city staffwas wrong. In this situation, Mr. Bair received his advice from city staff, opened a restaurant, was checked on frequently, and was told he was not selling enough food. Mr. Bait made a major decision and purchased latchen equipment. City staff gives people advice, not legal advice, but city staffadvice. Mr. Bait opened with their encouragement and blessing. It was not a situation where it was missed for nine years, they knew what he was doing, and the city staffthought he was doing okay and took no further steps. Commissioner Smith stated that a Special Permit was really indicated in this case. Could not see the City terminating a person's business, that has been operating for nme years with the community support. This business has proved itself to be a community asset I would like to see the Commission entertain a Special Permit. It would be the fair thing to do, even though there is plenty of blame to go around. Bob Bair, 5712 Gollihar Road, ovrner of the subject property, stated that he attempted to open a bar and was told he could not open as a bar but as a restaurant. Nine years later, his establishment looks the same as day one. TABC made him get a bond because he was not selling enough food. He needed to sell 25% food. He purchased kitchen equipment to attempt to sattsfy the City. He continued to work on the percentage coming from 11 to 23%. It should be documented that I was written up. I feel like I am on probation for this. Since standing up for my rights on the "Smoking Ordinance", the business has been half of what it used to be. Don't know if maybe he is being boycotted for that. I live across the stteet, if there is anyone there, the police are called out. Customers include firemen, police officers, etc. There are no fights, nothing is put up with there. I appreciate everything being considered today. Bill Kopeky, 3609 Topeka, the City is always speaking of economic development, and as a long time resident of Houston, Texas, I am almost convinced that Houston's method of zoning is the best. That method is no zoning. With zoning you can inhibit economic development. Before you know' it you have discouraged people from coming into the city and developing in the city. Maybe City Council should consider a charter amendment to get rid of charter zoning in the city. Ron Raines, 4902 Saratoga #5, I frequent Bair's Den and I have owned six restaurants and bars in the Dallas area for a few years. I have never had any problems going into that little neighborhood along with my wife. I have owned some million dollar operations and have had more trouble with my own business that I have ever seen or start to develop or even come close to making a move on Mr. Bair's restaurant. I'm just amazed of the ability to control his business because of the fact that I have had judges, attorney's, etc., get into their cuffs and decide that they are seventeen or eighteen years old again. I have never heard a loud voice in that place other than laughter and fun. I am really surprised that a little neighborhood bar like that could be ran that smoothly. This man has run a very nice neighborhood bar which I am not ashamed to take my wife into and I belong to the Corpus Christi Country Club along with members of the City II 'fi'{ N-DIR,6HAR/D',GaiI',WORD~AGENDMEM 2005'Apnl',03054J3Mmutes Excerpt doc Planning commission Minutes Case No, 0305413 (Bob Bair cl/b/a Barf's Den) April 6, 2005 Page 6 Council. If I am not afraid to go in there along with my wife and I belong to that club, I believe the Commission should consider the fact that Mr. Bair has put in nine years of his life into a Business to make a living. If you were going to crucify him, it should have been done the first day he went in to open the business as a bar. Not after he has made investments into his little restaurant and trying to make a living. Roland Garza, 2854 Alvin Drive, I have heard a lot of great comments about Corpus Ctmsti, but I think Commissioner Smith and Salazar hit it perfectly by stating that the solution that you decide on today will affect Mr. Bait's business. Being so close to the city, I have had to handle issues, my condolences to anyone that has to deal with the city staff. That is my personal opinion. In many instances with the City, sometimes you get too many different stories. It is a challenge working through the process. When it ultimately comes here, before Council, Board or Commission, that's where residents and tax payers hope to find solutions, to t-md some rational solutions. I am hoping that you would really consider granting a Special perrmt, although it is tough on you, sometimes you just have to do something. That is part oftbe solution process. Axing him out to me is not even an option. We talk of the legal actavity going on and the lack of personnel. I have been involved and targeted with discriminatory issues. Title 7 is federal law, but there is still discrimination that goes on in the city. So we cannot have one without the other. I believe that you are doing a great job. I am trying to look for the disparity and enforcement while the City is short handed, under funded and overworked. The City is supposed to be growing at some point. It's going to get tougher on the City. I believe that you will find a reasonable and rational solution to help Mr. Bait. Speaking of a practice to precedent, it was an accepted practice to allow Mr. Bait to operate his business for nine years. That alone before it goes to enforcement is challengeable in court. I believe that because I have beat the City in every lawsuit brought before them in the last ten years. Please help residents and help the businesses and protect the rights of the business owners in our community and also look and find that balance in our community and neighborhood. Mr. Bait has done an excellent job with his business. Barbara Cline, 921 Dorthy Street, original homeowner, also ow-ns residential property at 906, 910, 917,934, 938 Dorthy: Ms. Cline stated that she does not drink and would like to speak for Mr. Bair and the neighborhood. I urge you to please give Mr. Bait a Special perrmt to continue to operate his business. Public heanng was closed. In response to Commissioner Pusley's question, Mr. Gunning indicated that the Special Permit should be tied to a site plan that shows the existing footprint of the building and the existing parking layout that way staff would always have something to compare if the business were to change. Which is very standard with a Special Permit. In addition, the Special Permit, can have language that will allow the Commission authority to make the decision to extend the Special Permit for another set period of time or deny it. If denied, the applicant can appeal to council. After the set period of time of one year, the staff will re-notify all property owners fifteen days in advance We advise the owner thirty days in advance of a public hearing to review his existing Special Permit and the Commission has the authority to extend the Special Permit for a year or longer or to deny it. II 1'1 N-DIR¢qHARED\t3ail WOIIJ)'~AGENDMEM'2005'CtpnI\03054)3Minutes Exce~t.dtm Planning Commission Minutes Case No. 0305-03 (Bob Bait dgo/a Bait's Den) April 6. 2005 Page 7 In response to Chairman Berlanga, Mr. Hamey stated that there may be an issue to delegation of a legislative since the council is a legislative body delegating legislative authority to Commissioners. That issue will be researched. Chairman Beflanga stated that if a year lapses with no problems, it would come back to the Commission only for an extension of another year or two without having it go to Council. Mrs. Bailey-Holly stated that the Development Services adminislxative staff did not need to be a part of the motion. A motion was made by Salazar and seconded to grant a Special Permit for a year subject to renewal yearly and a site plan. The motion passed unanimously with Commissioner Mims being absent. It PI N DIR SHARED GailiWORD~,GENDMEM~2005~,ApriI\03054~3Minutcs Excerpldoc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BOB BAIR D/BIA BAIR'S DEN BY CHANGING THE ZONING MAP IN REFERENCE TO THE KOOLSlDE ADDITION, BLOCK 8, LOT 15, LESS R.O.W. (CURRENTLY ZONED "B-1" NEIGHBORHOOD BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR ONE (1) YEAR SUBJECT TO ANNUAL RENEWAL BY THE PLANNING COMMISSION AND A SITE PLAN; 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 Bob Bair d/b/a Bair's Den for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 6, 2005, dudng a meeting of the Planning Commission, and on Tuesday, May 10, 2005 dudng 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 cl'r¥ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a special permit for a banquet hall and parking lot in Koolside Addition, Block 8, Lot 15, Less R.O.W., (currently zoned "B-l" Neighborhood Business District), located along Gollihar Road between Lum Avenue and Aidine Road, as shown on the attached Exhibit (Map 042037) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following conditions and a site plan: 1. USE: The only use authorized by this Special Permit other than the basic "B-l" Neighborhood Business District uses in Koolside Addition, Block 8, Lot 15, less R.O.W., is a bar. 2. RENEWAL OF USE: The special permit for the bar use is granted for a one (1) year period and subject to an annual renewal by the Planning Commission. 3. SITE PLAN: The lot, parking area and structure used as for the bar shall maintain the configuration shown on the site plan. Page 2 of 3 4. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 10th day of May, 2005. A'I-FEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ ~ ~ JosephHa e~y (/~) Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H:\LEG-DIR~Joseph~Zoningq35\O305-O3Special doc Page 3 of 3 Corpus Christi, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at [wo regular meetings. Ih, ye, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:tLEG-DIR~Joseph~oning~5\0305-03Special.doc 85/05/2005 12:22 3610263006 CITY OF C,C. DEV SER PAGE 04/10 24 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 5/10/05) Case No. 0405-03-Geort:,~ K. Taylor: : A change of zoning from a "R-lB" One-family Dwelling Dismct to a "B-4" General Business District. 'The property is 17.19 out of Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract, located at South Padre Island Drive and west of Nile Road. Planning Commission's Recommendation (4/6/05): Approval ofa "B-4" General Business District for Tract 1 and a "B-I" Neighborhood Business District for Tract 2. Staff's Recommendation: Denial of the "B4" General Business District for Tracts I and 2, and in lieu tl~reof, approval of the "B-4" General Business District for Tract 1 and an "A-2" Apartment House District on Tract 2. Requested Council Action: Approval of a "B-4" General Business District for Tract 1, a "B}I" Neighborhood Business District for Tract 2 and an adoption of the attached ordinance. Purpose of Rerluest: Hotel, retail and office sites under consideration. Summary: · Applicant requesting a change of zoning to "B-4" General Business District to develop a hotel, retail and office use on 17 acres. · The applicant does not have a definite layout for the proposed site other than noting that four to six buildings will be arranged on the site. The hotel use is proposed along the north three-quarter area of the subject property. · A water/wastewater demand for the proposed business development is projected at 34,000 gallons per day with a solid waste demand of 2,000 lbs. daily. · The proposed development would have access along South Padre Island Dr~ve and Williams Drive without traversing the residential area to the south. · East and west of the subject property for a depth of approximately 600-700 £eet are "B4" District properties developed with a movie theatre, restaurant, hotel and mLxed retail uses. Along the remaining east and west section of the subject property, along Williams Drive, is an "A-2" District and a "B-I" District. North of the subject property across South Padre Island Drive is "B4" Dis~ict property and to the south across Williams Dnve is a developed "R-lB" Dis~'ict and an 'A-I" Dislrict. · The Southside furore land use map supports "B-4" General Business District development along Tract 1 for the proposed hotel site and an "A-2" Apartment House District for multi-dwelling uses on Tract 2. Al~l~licant's Position: The applicant concurs with Planning Commission and Stall's recommendation. Agenda Memorandum 0405-03 (George K Taylor) Page 2 Notification: Of the 20 notices mailed to the surrounding property owners, one was returned in favor and zcro in opposition. The 20% rule is not invoked. This case is considered controversial. Assistant Director of Development Services MG/FGM/gp Attachments: 1 ) Zoning Report 2) Planning corrmmssion Minutes 3) Ordinance H'PLN DIRkSHARED~GaiI~WORD~AGENDM EM O. 005kMay~04054)3AGENI) AM EMO doc CTTY COUNCTL ZONTNG REPORT Case No.: 0405-03 Planning Commission Hearing Date: April 6, 2005 Applicant: George K. Taylor Owner: Same as applicant Agent: Naismith Engineering, Inc. David M. Underbrink, Sr. Legal Description/Location: 17.19 acres out of Lot 13, Section 18, Flour Bluffand Encmal Farm and Garden Tract, located at South Padre Island Drive and west of Nile Road. From: "R-lB" One-family Dwelling District To: "B4" General Business District Area: 17 acres Purpose of Request: Hotel, retail and office sites under consideration. ~a~ Zoning Existing Land Use ~ Site "R-lB' One-family Dwelling Undeveloped land "~ District ~ North "B4" General Business Undeveloped land and auto ..~ Dismct sales ~ South "R-lB' One-family Dwelling Low-density residential ',~ District and "A-I" Apartment and medium4ensity '-= House District residential e~ East "A-2" Apartment House Hotel, restaurant and retail ~ District and "B4" General uses -~ Business Dislrict '~- West "B4"General Business Theatre. garden nursery ~ and low4ensity residential Future Land Use General business and Multi-family General business Low-density residential and medium-density residential General business General business Area Development Plan: Southside- The future land use map supports general business along north section of the subject property and multi-family along the south area. Map No.: 041035/041034 Zoning Violations: None Zoning Report Case No.: 0405-03 (George K. Taylor) Page 2 · Applicant requesting a change of zoning to "B4" General Business District to develop a hotel, retail and office use on 17 acres. The applicant does not have a definite layout for the proposed site other than noting that four to six buildings will be arranged on the site. The hotel use is proposed along the north three- quarter area of the subject property. · A water/wastewater demand for the proposed business development is projected at 34,000 gallons per day with a solid waste demand of 2,000 lbs. daily. · The proposed development would have access along South Padre Island Drive and Williams Drive without traversing the residential area to the south. East and west of the subject property for a depth of approximately 600-700 feet are "BM-" District properties developed with a movie theatre, restaurant, hotel and mixed retail uses. Along the remaining east and west section of the subject property, along Williams Drive, is an "A-2" District and a "B-I" District. North of the subject property across South Padre Island Drive is "B-4" District property and to the south across Williams Drive is a developed "R-lB" Distort and an 'A-I" District. The Southside future land use map supports "B-4" General Business Dislrict development along Tract 1 for the proposed hotel site and an "A-2" Apartment House District for multi- dwelling uses on Tract 2. Street Type Paved Section Volume (2001) South Padre Island Drive Expressway 400' ROW (variable) 81,460 a.d.t Williams Drive Collector 50' ROW w/24' Bk to Bk 6,330 a.d.t. paved section, 2-lane roadway The property is not a platted parcel and will require platting prior to issuance of a building permit. A "B-4" District permits uses with fugher volumes of traffic that normally exist along expressways and arterial roadways. Ihe extension of the "B--4" Distr/ct along Williams Drive, a collector, is not supported. H:~P LN - D IRXS H AI~ED\G aiI\WORD~ZONRP TS L2005 ~Apfi 1~04054)3 CC Reporl.d oc Zoning Report Case No. 0405-03 (George K. Taylor) Page 3 Denial of the "B-4" General Business District for Tracts I and 2, and in lieu thereof, approval of the "BM-" General Business District for Tract I and an "A-2" Apartment House Distanct on Tract 2. Approval of a "BM-" General Business District for Tract 1 and a "B-I" Neighborhood Business District for Tract 2. Number of Notices Mailed Favor 0 Opposition 0 (As of March 31, 2005) 20 Attachment: Zoning Maps · Applicant's Recommendations · Planning Commission Recommenchtions · Staff Recommendations I [ /PLN DIR'~S[ IARED',GaiI\WORD'~ON[LP'[ Sh2005'Apfll/0405 03CCReport dcx' 2 8~ ~2 ' A-1 SUBJECT PARCEL A-2' NORTH R-tB SL1 ~BfiE/CT PARCEL B-1 18 / / / A-1 R-lB Planning Commission Recommendation NORTH R-tB B-4 8 / B-4 PARCEL B-1 16 B-4 ,3 '2 A-1 15 ~= · R-lB" A-2 R-lB Staff Recommendation NORTH MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - April 6, 2005 Case No. 0405-03: George Taylor: "R-lB" One-family Dwelling District to "B-4" General Business District, resulting in a land use change from lower impact business use to a more ~eneral business use. 17 Acres-Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tract. Located at South Padre Island Drive, Request: Change of Zoning from "R-lB" One-Family Dwelling to "B-4" General Business District, resulting in a change to include a hotel, retail and office sites under consideration. Excerpts from Zoning Report Legal Description/£ocatton: 17.19 acres out of Lot 13, Section 18, Flour Bluff and Encinal. Farm and Garden Tract, located at South Padre Island Drive and west of Nile Road Purpose of Request: Hotel retail, and office sites under consideration Area Development Plan: Southside- The future land use map supports general business along north section of the subject property and multi-family along the south area. Department Comments: The "B-4" District permits uses with higher volumes of traffic that normally exist along expressways and arterial roadways. The extension of the "B 4" District along Williams' Drive, a collector, is not supported. Staff Recommendation: Denial of the "B-4" General Brininess District for the entire tract and in lieu thereof, approval of the "B-4" General Business District for a depth of 60 feet from the property line along South Padre Island Drive frontage road with the remaining area being an "A-2" Apartment House 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 20 notices mailed. None was received in favor or in opposition. Mrs. Goode-Macon stated that the applicant is requesting a change of zoning to "B-4" General Business District to develop a hotel, retail and office use on 17 acres. The applicant does not have a definite layout for the proposed site other than noting that four to six buildings will be arranged on the site. The hotel use is proposed along the north three-quarter area of thc subject property. A waste wastewater demand for the proposed business development is projected at 34,000 gallons per day with a solid waste demand of 2,000 lbs. daily. The proposed hotel/retail development would have access along South Padre Island Drive and Williams Drive without traversing the residential area to the south. The Soufuside future land use map supports "B-4" General Business District development along the proposed hotel/retail site with the southern area being multi-dwelling uses. The property is not a platted parcel and will require platting prior to issuance ora building permit. A "B4" District permits uses with higher volumes of traffic that normally exist along expressways and arterial roadways. The extension of the "BM" District along Williams Drive, a collector, is not supported. Staffis recommending denial of the "B-4" General Business District for the entire tract and in lieu thereof, approval of the "B4" General Business District for a depth of 60 feet from the property line along South Padre Island Drive frontage road with the remaining area being an "A-2" Apartment House District. Planning comrmss~on Minutes Case No. 0405-03 (George Taylor) April 6, 2005 Page 2 In response to Chairman Berlanga and Commissioner Salazar's questions, Mrs. Goode-Macon stated that the applicant is not in agreement with StaWs recommendation. KRIS would consume the back portion of the subject property. The applicant himself can address if the antennas will be placed there. In response to Commissioner Salazar's questions, Mr. Gunning indicated that the applicant could obtain a "B-l" District with a Special Permit to allow a television station there. Comrmssioner Salazar would not be opposed to a television station at that particular location. Public hearing opened. Clark Plato, agent on behalf of myself and the applicant. David M. Underbnnk, Sr., Naismith Engineering, We provided City staff with plans for the subject property this evening and just prior to this hearing. We would like to have the back portion of the property allocated for KRIS which would consist of television and radio. They have several affiliates which include local FOX. A "B-I" District with a Special Permit probably could address the needs of the station, but every time a new satellite dish were to come in, a review of the Special Permit would have to be made which would not be suitable for the applicant. Channel 3 needs a "B-4" District designation that would give the applicant what they would need to operate the business. It comes dowTt to having an apartment type housing in that location versus having the television station in that location. The Century 16 Movie Theatre's back lot is a "B-I" District which essentially is just a parking lot and nothing else. The comer of Nile Road and Williams Drive to the east on the opposite side of the street is zoned an "A-2" District, but that is also vacant. I do not think that this is incompatible with the neighborhood and not sure how "A-2" District originated at Niles Road and Williams Drive. It never was developed that way. Williams will setwe as circulatory traffic route for people who come down one way down the frontage road to this property and leave toward the rear to go back to Airline Road. We would like to maintain circulation through the property. The site plan delivered to the Commission today displays an access route to accommodate the property. In response to Chairman Berlanga's question, Mr. Underbrink indicated that there will be no connectivity between KRIS and the hotel. On the City's transportahon plan it is indicated as a "C-3" and it would need 75% right-of-way and that would be in addition to the big box section shown of the slide provided by Mrs. Goode-Macon. The applicant would be giving up 40 feet of land to Williams Drive for future improvements. It is anticipated that it would be a bigger sh-eet at some point. Mrs. Teniente stated there are no funds to improve Williams Drive at this time. It is not part of the Bond 2004. Steve West, 409 South Staples, representative for KRIS Corranunications, stated that a tower would be needed in the area that would be about 100 feet. Engineering has not been developed. There would be quite a few satellite antennas. Currently there are ten that sit on the ground, the largest as of yet is 9 meter antenna (comes up over the concrete 40 feet), everything else is smaller. The tallest tower 0mcrowave tower) would be 100 feet~ There will not be much traffic coming in and out of the station. Traffic would consist of employees spread out over time shifts. That will not be an issue. The station will consist of 98 employees, not all working at the same time. Mrs. Goode-Macon stated that it would be 400 additional trips in a 24 hour period along Williams Drive for the proposed broadcasting use. }1 ~Pl N DIR~.$11ARED\GaiI'~WORD~AGENDMEM'2005'~ApriI'~405 03 Minutes Exceq~t doc Planning Commission Minutes Case No. 0405-03 (George Taylor) April 6, 2005 Page 3 Mr. Gunning indicated that he recently learned of the possibility that KRIS would be occupying the property with the use of broadcasting capabilities and web transmitting and receiving towers. There are other considerations that need to be placed here. It is recommended by staffthat this case be tabled for two weeks, in order to facilitate a meeting with the applicant and to also identify all issues regarding this application. The opposition fi.om the City would be because of traffic on Williams Drive. In response to Chairman Berlanga's question as to why the City is opposed to this zoning, Mrs. Bailey-Holly stated that it is an encroachment of a heavy commercial district into what is more neighborhood oriented. To do a "B4" District use along the back adjacent to Williams Drive property is not something supported by the land use or comprehensive plans. There would seem to be a stepping down in the intensity. Mr. Gunning also indicated the traffic that is moving between Airline and Nile Roads and the traffic generators that are located on Williams Drive. Under construction of our zoning ordinance, ifa "B-4" District is granted, plans can change and whether or not KRIS moves in or not it would be wide open for "B4" District use development. Mr. West indicated that KRIS headquarters is scheduled to be in Corpus Christi to look at property. In response to Chairman Berlanga's questions, Mrs. Goode-Macon indicated that the neighbors across the street are not aware of the proposed satellite dishes. Even with a notice sent they have not yet responded to inquire. Commissioner Pusley agrees with Chairman Berlanga regarding the congestion on Williams Drive. Also agreeing with staffto table the case for two weeks to better educate ourselves. Michael Falik, representative of the proposed buyer, stated that he is from McAllen fully intending to conduct this development. Tabling the entire discussion would be problematic. There would be less of a problem tabling the back area indicated on the site plan. In response to Commissioner Zamora's questions, Mr Gunning stated that we could not modify the application once it has been originally prepared. An option would be to approve the "B..4" Dislrict on the first 60 feet of South Padre Island Drive and to deny the remainder. Mrs. Bailey-Holly stated that it would not be best to deny the remainder because there would be an issue of whether a change of zoning could happen. The 60 feet could be approved and the back po~on be delayed. Staff could re-notify the neighborhood so that everyone is aware of what is being suggested. In response to Mr. Falik's question of time lirmt, Mr. Gunning stated that there would be no time limit if the Council supported the "B4-" District along the front. If Council denied any part of the property, the applicant would have to wait thc normal 12 month period to resubmit and apply. Mr. Falik stated that they would like to see the "B4" District on the entire subject properly, due to the fact that it gives KRIS what is needed. In the alternative, the applicant would be comfortable with the "B4" District along the/:font and the "B-I" District towards the rear in allowing us to move forward H~PLN DIR/SIIARED\(iaiI\WORD,A(iENDMEM 2005LApril',040~4)3 Minutes Excerpt doc Planning Commission Minutes Case No. 04054)3 (George Taylor) April 6, 2005 Page 4 with our project and providing city staff time to do analysis on a "B-I" Dislzict verses a "B4" District designation. Mrs. Goode-Macon indicated that since it was processed as a "B-4" District it could go forward to City Council with the "BM" District with staff recommendation as an "A-2" District. "A-2" District, "B-1" District or "B~-" District would be considered by City Council. Mrs. Bailey-Holly stated that stafffs recommendation is that the rear property stay as a multi- family designation. Before it goes to Council, Staff would gladly sit with the developers to look at the implications to see what the requirements are, thus far Staff's recommendation stands. In response to Mrs. Bailey-Holly's statement, Mr Underbrink indicated that the applicant would need a "B4" District to move for'ward with the project In the interest of getting something through the system, the applicant would consider a "B-I" District along the rear, but noted that it did not satisfy the customer. Mr. Falik stated that at the price of the land, multi-family housing does not work here. Price considerations are such that this is a commercial piece of properly and that is how we are progressing. Originally, the plans consisted of the rear being only 300 feet, but has now been changed to 375 feet. ~lq~e configurations have moved on the proposed building. The antennas that KRiS would use would be located further off Williams Drive and approaching the 350 or 375 feet mark. We understand the City's concerns and are continuously trying to address them. Mr. Gunning stated that there have been similar development type issues north of South Padre Island, between South Padre Island and McArdle Road with lots for auto sales being developed The initial request ora "B-4" District from South Padre Island Drive to McArdle Road required a 50 foot landscaped area. What the City has not done is allow the "B4" to go all the way back to McArdle except when you get to Prince Drive~ Mrs. Bailey-Holly stated that what could change to allow the "B4" District would be the understanding of what is being done on the property, the implications that a Special Permit be the appropriate way and would it work with the property, rather than try and figure it out on the floor. Mr Falik, stated that he would agree to a "B4" District on the front 60 and a "B-I" District for the remaining property. Public heanng was closed. A motion was made by Commissioner Salazar and seconded by Commissioner Zamom to recommend a "B-.4" Disn-ict for 60 feet from South Padre Island Drive into the property and "B-I" for the remaining balance of the property. H ~LN-DIR~SItARED Gail',WORD~AGENDMISM~0.005'~ApriI~3405 03 Minutes Excerpt doc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GEORGE K. TAYLOR, BY CHANGING THE ZONING MAP IN REFERENCE TO 17.19 ACRES OUT OF LOT 13, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO TRACT 1- "B~" GENERAL BUSINESS DISTRICT AND TRACT -2 "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of George K. Taylor 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, Apdl 6, 2005, during a meeting of the Planning Commission, and on Tuesday, May 10, 2005 during a meeting of the C~ Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 17.19 acres, out of Lot 13, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, from "R-lB" One-family Dwelling Distdct to Tract -1 "B-4" General Business Distdct and Tract 2 - "B-l" Neighborhood Business District; located at South Padre Island Drive and west of Nile Road, as shown on the affached Exhibits. (Maps 041035 and 041034) 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. 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 Chdsti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Counc# (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 10~ day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED t/F/~0 Joseph Ha/'~ey Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Chdsti H:\LEGq3{R~eseph~Zening-05\0405q33PCa[[ernative.doc Page 3 of 3 Corpus Chdsti, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/~ve, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H~LEG OlR~Joseph~Zoning-05\0405~33 PCalterna[ive doc 12:22 3018263006 CITY OF C.C. DEV S~R PAGE 09/18 Zonln~ ~ No. 040~-03 BEING a tract or parcel of land situated in Lot 13, Section I 8, Flour Bluff mad ~.ncinal Parm and Oarden Tracts, aa recorded in Volume A, Pages 414% Map Records, Nuec~ County, Texas, and being part of that 17.193 acre tract of land cl~cfibed in a Distribution Deed, as recorded in Document No. 2003044574, Official Records, Nueees County, Texas, and being more particularly described as follows; COMMENCING at a 5/8" iron rod found on the northeast right-of-way line of Williams Drive (40' fight-of-way), from which comer the south comer of said Lot i3, Section 18 bears South 29° 03'40" West, a distance of 20.00 feet; TI-{ENCE North 29"03'40' East, with thc west line of Lotl2, Section 18. Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A. Pages 41.-43, Map Records, Nueces County. Texas, distance of 332_00 feet to the POU~YF OF BEGINNING; TFi'ENCE North 61°00'00'~ West, a distance of 664,58 feet to a point; TFI~NCE North 28o53'20" East, with thc southeasterly line of Century Subdivision Block 1, Lots 2 thru 7, as recorded in Volume 59, Page 171, Map Records, Nueces County, Texas, a distance of 299.81 feet pas, lng a 5/8" iron rod found for the south corner of Lot 1, Block l, SPID/Ryan Addition, as recorded in Volume 55, page 115, Map Records, Nucces County, Texas. and continuing for a total distance of 799.8I feet to a point on the southwest right-of-way line of South Padre Island Drive (State Highway 358), also being the northeast comer of said Lot 1, Block 1. SPID/Ryan Subdivision; TIIENCE South 61 °12'16" East, with said right.-of-way line. a distance of 290.75 feet to a found Texas Departrrmnt of Transportation monument for angle point; TItENCE South 57° 17'20' East, continuing along said right-of-way line, a distance of 377.00 feet to a point for comer, also being the north comer of Lot 8, Block 1, Lexington Park Unit 3, as recorded in Volume 54. Page 78, Map Records, Nueces County. Texas; THENCE South 29°0Y40' West, at 476.31 pass a 5/8" iron rod found for the southwest comer of said Lo< 8, Block 1, and continuing along the west line of,mid Lot 12, Section 18, a total distance of 776.45 feet to the POINT OF BEGINNING and containing 528,451 square feet or 12.13 ac-res of land, more or less. 05/05/2005 12:22 3618263006 CITY OF C.C. ~ S~ PAGE 10/10 Zoning Cas~ No. 0405-03 TllakC'Y :1 BEING a tract or parcel of land situated in Lot 13, Section 18, Flour Bluff anti Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41--43, Map Reconts, Nuec~ County, Texas, being part of that 17_193 acre tract of land clcscr~bexl in a Distribution Deed, as n~corded in Document No. 2(XY3044574, Official Records, Nueage~ County, Texas, and b~ing more panficul~L-ly described as follows; BE~,ilININIkN~ at a _',l~l" iron rod l'ouna on the northeast l~ght-tJr-way right-of-way), from which comer the south comet of said Lot 13, Section 18 beam South 29° 03'40" West, a distance of 20.00 feet; THENCE North 61 °00'00" W~t, with the northeast fight-of-way line of said Williams Drive, a distance of 663.58 feet to a point; THENCE North 28°53'20'' East, with tho southeasterly line of Century Subdivision Block 1, Lots 2 thru 7. as recordgd in Volume 59, Page 171, Map Records, Nuecea County, Texas, a di.~rtance 332.00 feet to a point; THENCE South 61°00'00" East, a distance of ¢ff_~_58 feet to a point on the west line of Lotl2, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 4. i- 43, Map Records, Nueees County, Texas; TFIENCE South 29003'40'' West with said west line of Lot 12, Section 18, a distance of 332.00 feet to thc POINT OF BEGINN'ING and containing 220,474 square feet or 5.06 acres of land, mol"~ Or ]ess. 12:22 3618263006 bITY OF C.C. D~zV SER PAGE 87/18 -//"'.;-.. I / Planning Commission Recommendation NORTH 25 i1I U U mmm ~m , ~-~ ~ "~'; . ~, ~. ~ ."~" '~i 2., ~. ~' ". Z~ O0 0 91 ~0 0 Meetings and Briefings Conducted by South Texas Military Facilities Task Force in Support of Area Installations April 16, 2002 Honorable VIRIllam A. Stus=sle Deputy Assistant Secretary oflhe Navy (Air Warfare) Office of Assistant Secretary [or Research, Development & Acquisbon The Pentagon April 17, 2002 Mac King Office of U.S. Congressman Solomon OrlJz Apd117, 2002 Rear Admiral M.J. McCabe Director Air Warfare Division Department of the Navy The Pentagon April 17, 2002 Honorable Wayne Amy Principal Deputy Assistant Secretary of the Navy F~ Installations and Environment The Pentagon Apn117, 2002 Honorable Steve Abbott Deputy Director Office of Homeland Security The White House Apd117, 2002 U.S. C~ngreseman Duke Cunnlngham April 17, 2002 U.S. Congreeaman Duncan Hunter June 5, 2002 Honm'able Philip W. Grone Principal Assistant Deputy Under Secretary Of De~enss (Installations and Environment) June 5, 2002 Major c,e,mrml William A WhitJow, USMC Director, Expeditionary Warfare Divisio~ (N75) Office of Chief of naval Operations June 5, 2002 Major CO,mi J. Deyermond, USA Deputy Chief of Staff for Logistics 8, Readiness U.S. Army Material Command June 5, 2002 Rear Admiral M.J. McCabe Director, Air Warfare Divisio~ Deputy Chief of Naval OperalJcms for Warfare & Program (N78) June 5, 2002 U.S. Se~ato~ Kay Bailey Hutchleon June 6, 2002 U.S. Se~ato~ Phil Gram June 6, 2002 U.S. Congressman Solomon P. OrUz Member, House Armed Services Committee June 6, 2002 U.S. Congressman John M. Siva;.;. Jr. Member, House Armed Servmes Committee Committee on the Budget June 6, 2002 U.S. Congressman Ruben E. HlnoJoea Committee on Education & Woddorce June 6, 2002 U.S. Congressman Clm D. RodrtclueZ Member, House Armed Services Committee June 6, 2002 U.S. Congressman Joel Hefley Chairman, Subo3mmiUee en Military Readiness House Armed Services Cornmdlee June 6, 2002 U.S. Congressman Duncan Hunter Chairman, Subcommittee on Military Research & Development House Armed Services Committee June 6, 2002 Admiral Steve Abbott Office of Homeland Security August 16, 2002 Staff of U.S. Senator Fay Bailey Hutchleon Dave Davis, Chie[ of Staff and Dave Stockweli, Military Legislative Assistant August 20, 2002 Major General Stanley E. Green, USA Commanding C-:-:-:-:-:-:-:-:-:~eral, Fort Bliss August 20, 2002 Major General James Moloney. USA (ret) Member of Texas Strategic Military Planning Commission, El Paso, Texas Texa~ State Sen. Eliot Shapleigh, Chairman Texas Senate Commillee on Veteran Affairs and Military Installabe~s August 29, 2002 Rear Admiral John E. Boyington, Jr. Chief of Naval Air Training NAS Corpus Chrisl~ Sepiember 3, 2002 Staff of U.S. Congressman Solomon Orflz (Mac King, Legislative Director and Military Le<J isla [~ve Ass~slant) September 6, 2002 Rear Admiral Paul J. Ryan Commander, Mine Warfare Command NAS Corpus Chdsfi September 12, 2002 Lieutenant General Dennis McCarthy, Commander United Slates Madne Fo~e~ Reserve New Orleans, Louisiana September 13, 2002 Staff of Commander United States Madne Forces Reserve September 19, 2002 Major General Kevin B. KukJok Assislant Deputy Commandant for Plans, Policies & Operations Headquarters Madne Corps September 26, 2002 Lieutenant General Marc Cisneros, USA (ret) Corpus Christi, Texas September 30, 2002 Lieutenant General H.G. "Pete" Taylor, USA (ret) former III Corps Commander Harker Heights/Killeen, Texas September 31, 2002 Kevin Gellagher, Deputy Project Director Roving Sands, Fort McPherson, Georgia October 1, 2002 Major General James Livingston, USMC (ret) Chairman, Governor's Military Advisory Committee State of Louisiana Paqe 2 October 7, 2002 Admiral Robert J. Natter Commander in Chief, U.S. AtlanlJc Fleet U.S. Fleet Forces Command Norfolk, Virginia October 8, 2002 Colonel J. Michael "Mick" Bednamk, USA Chief, Joint Training Group Warfighting Center United States Joint Forces Command Suffolk, Virginia October 10, 2002 Bill Ehrte. Chairman Texas Sb'ategic Military Planning Commission October 16, 2002 Major Dan McGuim, USMC Joint Training, G-3 TECOM Quantico, Virginia (Note: Had been sent brief by Headquarters Madne Corps) October 24, 2002 Captain Paula Hinger, USN Commanding Officer NAS Corpus Chdsfi November 14, 2002 Jack Hunt, President King Ranch Kingsville, Texas December 9, 2002 Board of Dlrectom Corpus Chd~ Bay Chapter, Navy League of the U.S. Passed resolution of support December 11, 2002 Larry DIRita, Special Assistant Secretary nj' Defense Donald Rumsfeld Dr. David S. C. Chu Under Secretary of De[ense for Pemonnel & Readiness, and his deputy Dr. Paul W. Mayben'y Rear Admiral Rubln B. Bookert Deputy Director Expeditionary Warfare (N-75) December 11, 2002 Philip Grone, Principal Assistant Deputy Under Secretary of Defense for Installations and Environment (Note: action officer on BP. AC 2005) Paqe 3 December 12, 2002 Rear Admiral Gary Rougbead Chief of Legislative Affairs Department of ~ Navy and Commander Kevin Miller Pete Olean, Chief of Staff U. S. Senator John Cocnyn December 16, 2002 Board of Dlractom Corpus Christi Chamber of Commerce Passed resolution of support December 20, 2002 North Bay Military Task Force San Patrick) County Passed resolution of .support January 2, 2003 Ruben Eon#la, Chairman Port of Corpus Christi Authority January 9, 2003 Board of Dimctora Corpus Chdsti Regional Economic Development Corporation Passed resolution of support January 16, 2003 Texas Slzatogic Military Planning Commiask:m Appointed by Governor Rick Perry of Texas Express~l s~ong po.~don of support January 29, 2003 Cliff Johnson, Senior Advisor to Governor Rick Per'ry, and Logan Spence of Governor Perry's Policy Office February 3, 2003 Ambassador Anne Armstrong and Tobin A~nstrong February 4 - 10, 2003 COrpUS Christi Port Authority Commts$10ners February 18, 2003 State Senator Juan Hinoj_n~_=j_ Representing Nueces County Exprnsc:,ed posilJon of support March 3, 2003 Jasslca OrUz Assistant to State Senator Eddie LucJo, Representing Klebeffj County March 5, 2003 Tom Tagliabue, Deputy Commissioner Texas General Land Office Has confirmed I~at CommissiOner Jerry Patterson, Texas General Land Office, is ~lly supportive March 6, 2003 South Texas Military Facilifle~ Task Force Pas.s~d strong resolution of support March 7, 2003 County Judge Llnda Lee Henry McMullen County Judge March 13, 2003 Civilian Community - Dc~.gafion from rte Fo~t Hood area at Harker Heights, Texas March 16, 2003 Colonel Franklin C. Bottler U.S. Army Special OpomtJons ,~ency Chief special Operations Division March 17, 2003 Military Lnglslativa Assistants to the Texas Co~Jressioual Delegation Washington, D.C. Major Dan McGulm Directorate of Transformation Training U.S. Madne Corps, Ouantico, Virginia March 18, 2003 Major General Jenms Battaglinl, USMC Director, Expeditionary Warfare, Office of Chief of Naval Operations Captain Dan Deputy, USCG Chief, Cutter Force~ Operational Capabifit¥ Director U.S. Coast Guard HQ March 19, 2003 Dr. Paul W. Maytmrry Deputy Under Secretary of Defense (Readiness) Wayne Amy Acting Assistant Secretary of ~ Navy for Installations and Environment March 29, 2003 Southwest Regk:m, Navy League of ~ United States meeUng in Corpus ChdsU, Texas Apdl 7, 2003 Captain Randy Young, Chief of Staff to Commander, Mine Wan~re Command April 7, 2003 Ray Allen, Executive Director Coastal Bend Bays and Estuarles Program, Inc April 16, 2003 Colonel Franklin C. Bohler, USA U.S. Army Special Operations Agency Chief sPe~al Operations Division Pentagon, Washington, D.C. May 13, 2003 Majo~ General Gordon C. Nash, USMC Commander, Joint Warfighbng Center Director, Joint Training (J7) U.S. Joint Forces Command, Suffolk, VA Captain Howard "Tank" Thorp, USN U.S. Joint Forces Command, Suffolk, VA Colenel B~yan Stephens, USA U.S. Joint Forces Command, Suffolk, VA Coloeel Mick Bednarek, USA U.S. Joint Forces Command, Suffolk, VA May13, 2003 Commander Mike Hohl, USN Live Training Support Branch (N73) U,S. Atlantic Command, Norfolk, VA May 13, 2003 Vice Admiral Albert H. Konelzni Deputy Commander and Chief of Staff U S. AUantic Fleet, Norfolk, VA Captain John Schwartz, USN Executive ,Assistant May 14, 2003 U.S. Representative Chet Edwards Member - House Appropriations Committee John Conger, Legislative Director U.S. Representative Chet Edwards May 14, 2003 U.S. Senator John Comyn Member - Senate Armed Services Committee Pete Olson, Chief of Staff Office of U.S. Senat~ John Comyn Russ Thomas,son Office of U.S. Senator John Comyn May 14, 2003 U.S. Congmssrnsn Ruben Hinojnsa U.S. Congressman Charles Stenholm PaCle 4 May 14, 2003 H.T. Johnson Acting Secretary of the Navy May 14, 2003 Vice Admiral Howard B. Thomen, USCG (ret) May 15, 2003 Vice Admiral Charles W. Moore Deputy Chief of Naval Operations Fleet Readiness and Logistics (N4) May 15, 2003 U.S. Representative SIIvnsfl'e Reyes Member - House Armed Sen/ices Committee May 15, 2003 Pete Geran Special Assistant to the Secretary of Defense May 15, 2003 Brigadier General Non, an R. Seip, USAF Deputy Director, Operabens and Training Department of the Air Force May 16, 2003 Major General Thomas S. Jones, USMC Commanding General, Training and Educafiee Command Madne Corps Combat Development Command Quantico, VA Colonel Craig Tucker Director of Operations (G3) May 16, 2003 Gordon England Deputy Secretary Deparb'nent of Homeland Security Former Secretary of the Navy June 13, 2003 Captain HowanJ Thorp, Jr., USN Director, Joint Nal~onal Training Capability JVV302 Received briefing and tour (with Gary Busl'~ll) of Fort Bliss by Major General Stanley Green, CG of Fort Bliss, and representatives of Air Defense Command, McGregor Range, White Sands Missile Range, El Paso Chamber of Commerce and City of El Paso June 26, 2003 Corpus Christi Area Environmental Groups Sierra Club Texas General Land Office Coastal Bend Bays & Estuary Program Coastal Bend Bays Foundation Coastal Conservation Association Coastal Bend Land Trust June 26, 2003 (conl~nued) City of Port Aransas U.S. Fish and Witdlife Service Texas Parks and Wildlife Deparb~ent June 30, 2003 Corpus Christi City Council July 6-7, 2003 General MichaM W. Hagee, USMC 33rd Commondant of the Marine Corps JNTC Brief and Tour of NAS-CC, NAS-Kingsville and NS-lngleside CC-NAS Corpus Chdsfi, TX July 14, 2003 Commander Mike Ulltlch, USN Deputy Assistant Chief of Staff Training & Exercises (J7A) U.S. Second Fleet Norfolk, VA Commander Har~y Roblnsoa, USN Air Operations U.S. Second Fleet Norfolk, VA Commandm' Sc.o{t Steamey, USN Commander, Carder Group 4 U.S. Second Flee{ Norfolk, VA July 14, 2003 Major General Joseph P. Stein, USAF Directo~ ol~ Aerospace Ope~tlons Air Combat Command Norfolk, VA Colonel William Minich, USAF Director of Aerospace OperalJons St~'f Air Combat command Norfolk, VA Colonel Charles Hale, USAF Chief, Ranges, Airspace & Airfields Air Combat Command Norfolk, VA Lieutenant Coloflel Kris Bucldew, USAF Acting Chief, Exercises & Joint Ops. Air Combat Command Norfolk, VA Lleutemant colonel Paul Sadowskl Chief, Planning & Program Team Air Combat Command Norfolk, VA Paqe 5 July 15, 2003 Major General Jack Davis, USMC Deputy Commander U.S. Marine Fomes, Atlantic Fleet Norfolk, VA Colonel larry Walker, USMC /Lssis~nt Chief of Sl~ff G3/5/7 U.S. Madne For~. Atlantic Fleet Norfolk, VA July 15, 2003 Rod Buchanan, Director Joint Training & Readiness U.S. Marine Fo~es, Atlantic Fieat Norfolk, VA Colonel Bumga~ner, USMC Staff JAG U.S. Madne Forces, A§anfic Fleet Norfolk, VA July 15, 2003 'rhoma~ Crabtme, SES Director, Fleet Training (N7) U.S. Atlantic Fleet Norfolk, VA Captain Joe Kmnzel, USN Dep. Director of Training (N7A) U.S. Al~ant~ Fleet Norfolk, VA Captain Mike Reedy, USN Director of Live Training Support Branch (N73A) U.S. Atlantic Fleet Nodolk, VA Anthony Reade (Tony) (Clvilisn) Head, Range Team (N73A) U,S, Atlantic Fleet Norfolk, VA July 16, 2003 Dr. Michael Bailey Techmc;al Dir~:~tor U.S. Madne Corps Training & Education Command Norfolk, VA Lee Vlvemtte Avial~on Range Analyst U.S. Marine Corps Training 8, Education Command Norfolk, VA Ed Perez Directo(, Texas OSFR July 16, 2003 James Chrlatofemon Office of U S. Senator Kay Bailey Hutchison July 17, 2003 Captain John Yest, USCG Chmf of Cutter Fo~:es U.S Coast Guard Headquarters September 3, 2003 Joseph Whltaker Deputy Assistant Secretary Installations and Housing Department of t~e Army The Pentagon Washington, D.C. September 3, 2003 Dr. Paul Mayberry Deputy Under Secretary for Readiness, DOD The Pentagon Washington, D.C. September- 4, 2003 Captain Tank Thorp, USN Director, Joint National Training Capability Joint Warfigh§ng Center Joint Forces Command Suffolk, VA September 4, 2003 Colonel Mike Oklta, USA Deputy Director, OperalJons (J-3) Joint Forces Commend Norfolk, VA October 6, 2003 Rear Admiral James C. Olson, USCG Director of Operations Capability U.S. Coast Guard Captain George Russell, USCG Deputy Chief, Cutter Force October 7, 2003 Rear Admiral Barry M. Costello, USN Chief of Lagisla§ve Affairs The Pentagon Washington, D.C. Major General Mitchell Stevenson, USA Deputy Chief' of Staff Logistics and Operations (G3) U.S Army Matedal Command The Pentagon Washington, D.C P~e6 October 7, 2003 Philip Wayne Grone Principal Assistant Deputy Under Secretary Installal~ons and Environment Department of Defense The Pentagon Washington, D.C. Wayne Amy Pnncipal Deputy Assistant Secretary Installations and Environment Department of bhe Navy The Pentagon Washington, D.C. Hansford T. Johnson Assistant Secretary Installations and Environment Deparl~ent of the Navy (Former Acting Sec~'etary) The Pentagon Washington, D C. October 7, 2003 Rear Admiral Christopher Weaver, USN Commander, Navy Installations The Pentagon Washington, D.C. October 7, 2003 Major General James Battaglini, USMC Director, Expedil~onary War[am Division (N75) Deputy Chief of Naval Operations Warfare Requirements and Programs The Pentagon Washington, D C. Captain James Rennle, USN Head, Mine Warfare Branch (N752) The Pentagon Washington, D C. Rear Admiral Mark Fitzgerald, USN Director, Air Warfare DMsion (N78) Deputy Chie[ of Naval Operations Warfare Requirements and Programs The Pentagon Washington, D.C. October 8, 2003 U.S. Congressman Solomon P. Orflz (D-TX) Member, House Armed Sen'ices Committee Ranking Minority Member, Subcommittee on Readiness Capitol Hill Washington, D.C. Paqe 7 October 8, 2003 U.S. Congressman Ruben HlnoJo~a {D-TX) Capitol Hill Washington, D.C. October 8, 2003 U.S. Congressman Duncan Hunter (R-CA) Chairman House Armed Services Commi~ee Capitol Hill Washingt~3n, D.C. U.S. Congressman Sylve~tm Re/es (D-TX) Member House Armed Services Commiffee Capitol Hill Washington, D.C. U.S. Congressman CIm D. Rodrlquez (D-TX) Member House Armed Services Committee Cl~pitol Hill Washington, D.C. U.S. Congressman Henq' Bonllla (R-TX) Member House AppmpriaSons Committee Defense Subcommittee Capitol Hill Washington, D.C. U.S. Cong _m~__--man Joel Hefle/(R-CO) Chairman Subcommittee on Readiness House Armed Services Committee Cepitoi Hill Washington, D.C. Novemb~' 12, 2003 Admiral WIIrmm J, Fellon, USN Commander Fleet Forces Command/ U.S. Atlantic Fleet AUantJc Fleet Headquarters Norfolk, VA Rear Admiral Brian M. Calhoun Director for Operations, Plans & Policy (N3rNS) U.S. Fleet Forces Command United States Navy Nedolk, VA Captain Mike Re~dy, USN Director, Live Training Support Branch (N73A) U.S. AUantic Fleet AtienlJc Fleet Headquarters Norfolk, VA December 19, 2003 General Robert J. Ras~e Commanding General U.S. Army White Sands Missile Range December 19, 2003 Rear Admiral Paul K. Ar~ur (Ret.) Deputy to the Commanding General and Technical Director White Sands Missile Range White Sands, NM December 19, 2003 Briefing for mpresentatfves of natural resource agencies and South Texas environmental January 6, 2004 Admiral Veto Clark, USN Chief of Naval Operations 2000 Navy Pentagon Washington, D.C. January 7-8, 2004 Joint Training Initiatives Conference Fert Hood, Texas Hosted by Lfeutenant General Thomas F. Metz Commanding General 12, 2004 Colonel Jeffery Bearor, USMC Chief of Staff Training and Educal~on Command Madne Corps Base, Quantico Dr. Michael Bailey Technical Director Training and Education Command Marine Co~ps Base, Quanl~co Major Cllnt CheblowskJ, USMC Dep. Director of Operations Training and EducatJon Command Madne Corps Base, Quanl~3 March 29, 2004 Major General Gordon Nash, USMC Director of Joint Training Joint National Training Capability Joint Warfighting Center Suffolk, VA Maim' General Richard Wightman, USA Deputy Director, Joint Training Joint National Training Capability Joint Warfighting Center Suffolk, VA Paqe B March 29, 2004 Captain Howard "Tank" Thorp, USN Director Joint Na§onal Training Capability Joint WarfightJng Center Suffolk, va March 29, 2004 Rear Admiral Brian Calhoun, USN Director for Operations, Plans & Policy Fleet Forces Command/Atlantic Fleet Atlantic Fleet Headquarters Norfolk, VA March 29, 2004 Colonel Tho~. Thaler. USMC Fleet Madce Uaison Officer Fleet Force~ Command/Atlantic fl:leet Atlantic F~eet Headquarters Norfolk, VA April 16, 2O04 Lieutenant Colonel Frank Sheppard Texas Air National Guard Lackland Air Force Base San ,antonio, TX May 12, 2004 John Conger, Leglsla~ve Director U.S. Congressman Chet Edwards May 13, 2004 Adrian Erckenback Military Legislative Assistant U.S. Senator Kay Bailey Hutchison May 13, 2004 Russ Thornasson Office of U.S. Senator John Comyn May 13, 2004 Mac King, Legielaave Director U.S. Congressman Solomon P. Ortiz May 13, 2004 Rear Admiral Mark Fitzgerald Director. Air Warfare Division (N78) Office of DCNO for Warfare Requirements & Programs May 14, 2004 Board of Directors Southwest Defense Allianc~ Las Vegas, NV June 10, 2004 Major General James E. Simmons, USA Deputy Commanding General III Corps and Fort Hood Fort Hood1 TX June 10, 2004 Major General J. D. Thurman, USA Commanding General 4"~ Infantry Division Fort Hood, TX June 16, 2004 Lieutenant General Michael A. Hough, USMC Deputy Commandant, Aviation U.S. Manne Corps Washington, D.C. July 21, 2004 Vice Admiral Howie Thomen, USCG (ret) July 21, 2004 Mm. Modell Plummer Director, Sustainment Directorate Deputy Chief of Staff for LogisIA::s (G-4) Department of the Army July 22, 2004 Major General Mitchell H. Stevenson, USA Deputy Chief of Staff, Legistics & Operations (G-3) Army Material Command Fort Belvoir Virginia July 22, 2004 Gary Motsek Deputy C--3 for Support Operalions Llnda Nordst~'om Acting Chief Depots. Maintenance & Amenals Division An'ny Material Command July 22, 2004 Adrian Emkenback Military Legislative Assistant U.S. Senator Kay Bailey Hutchison July 22, 20O4 Russ Thomaeson Office of U.S. Senator John Comyn July 22, 2004 U.S. Congressman Solomon P. Orl~z January 6, 2005 Pete Verga Principal Deputy Assistant Secrelary of Defense for Homeland Secudb/ January 6, 2005 Rear Admiral James A. Robb, USN Director1 Fleet Readiness Division Office of the Chief of Naval Operations P~e9 January 6, 2005 Congressional Staff Members & Ed Perez, Director Texas OSFR January 7, 2005 Geo~e Leineweber Act3ng Deputy Di~=ctot'l Naval Warfare ~ of the Under Secretary for Acquisition, Technolocjy and Logistics DepartT~ent of Defense January 7, 2005 Russ Office of U.S, Senator John Comyn January 7, 2005 T~J. Stapleton Office of U.S. Senator Kay Bailey Hutchison January 7, 2005 Rear Admiral Dennis Slrois, USCG Assisl,'~nt Commandant for Operations U.S Coast Guard March 2, 2005 Geoffrey Prosch Principal Deputy Assistant Secretary, Installations & Environment Department of the Affny Mamh 2, 2005 B.J. Penn Assistant Seoretary, Installalions & Environment Department of the Navy March 2, 2005 Rear Admiral Dennis Sirois, USCG Assistant Commandant for Operations U.S. Coast Guard March 3, 2005 U.S. Senator Kay Bailey Hutchison March 3, 2005 U.S. Representative Solomon P. OrUz Apd115, 2005 LTG Dennis McCarthy, USMC Commanding General Madne Forces Resep~e Apd115, 2005 CAPT Russell Branch, USCG Chief, Madne Safety Division 8rh Coast Guard District 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title II Transition Plan and also the City's Non-Discrimination Ordinance, STAFF PRESENTER(S): Name 1. Leon Bazar 2. Title/Position Director Department Human Relations ISSUE: The City Council is to receive quarterly updates regarding the efforts made under the City's ADA Title II Transition Plan and also the City's Non-Discrimination Ordinance. BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. Additional Background XX Exhibits !1 Leon Bazar Director of Human Relations BACKGROUNDINFORMATION Title II Transition Plan Progress Americans with Disabilities Act (ADA) The City of Corpus Christi's Title II ADA Transition Plan consists of accessibility improvement projects for cross-disabilities through the removal of barriers for access to public programs, services, and activities. The ongoing Title II Transition Plan efforts are presented by the following categories of Public Facilities, Public Programs, Site Development, Outreach, Citywide Curb Ramps and Individual Curb Ramp Requests: Public Facilities The project for the removal of barriers for accessibility within 26 City public facilities is undergoing Engineering's review process to close-out this project. To recap, these ADA improvement projects are in such areas as restrooms, parking spaces, signage, ramps, railing, thresholds and doorways/entrances. The architectural and engineering consultant for these ADA improvement projects is Chuck Anastos Associates, who conducted project reviews of the work done by the April 2004 contract with Zimmerman Construction. These 26 construction project sites include City Hall, Cole Park Amphitheater, Galvan House, Grande Grossman House, Greenwood Ball Field Restrooms, Williams Drive Health Clinic, HEB Tennis Facility Restrooms, Heritage Park Carriage House, Central Library, Merriman Boby's House, Oso Golf Course, Oveal Williams Senior Center, Park Operations Building #4, People Street T-Head Restrooms, Sidbury House, Corpus Christi North Beach Restrooms, Fire Station #5, Fire Station #13, Street/Solid Waste Services Facility, and the West Guth Pool Restrooms. After the adoption of the City's Title II Transition Plan, the American Bank Center opened in November 2004 as an SMG-managed facility. SMG staff, Human Relations staff and members of the City's Committee for Persons with Disabilities have been addressing accessibility issues, including improvements in services and communications with respect to persons with disabilities. In March 2005, the City received two awards for physical accessibility from the State of Texas. The Texas Department of Licensing and Regulation (TDLR) has issued "Access for All" award certificates and decals for the Bayfront Multipurpose Arena - American Bank Center and the Wesley Seale Dam Office Building as both being substantially compliant under the Texas Architectural Barriers Act. II. Programs Accessibility in programs, services and activities is constant. Accessibility improvements have been made in the following areas: A. City Libraries Modified customer service counters and adjustable tables have improved accessibility. These improvements serve as an alternate to book retrieval Background Information - Page 2 Programs Continued through some narrow book aisles for customers who use mobility equipment such as wheelchairs and scooters. Service desks have been remodeled at the Parkdale and Northwest branch libraries. The automated accessible door at the Northwest Branch was also replaced. Museum of Natural Science and History A new audio tour of the Museum exhibits has been produced and implemented. Individuals who participate in the audio tour u[ilize accessible devices with pre- recorded exhibit information and serves as an alternate format for persons with sight impairments. Closed Captioning Services Aisc at the Museum, the video library collection has been closed captioned for persons with hearing impairments. Further closed captioning services are provided for the recorded communications of the monthly Cityscape information and also televised PSAs through the Public Information Office. Park and Recreation Accessible recreation equipment, games and audio balls have been purchased. The department has also incorporated into its programs Amedcan Sign Language classes for all ages at the various City centers. Adjustable accessible tables were purchased for the Joe Gaza Recreation Center computer lab and other recreation and senior community centers. Further accessibility at Collier Pool was achieved through modification of the pool's entry. Customer Service Areas This is an ongoing effort to provide accessible customer service. Staff continues to provide technical assistance to City departments in addressing customer's needs, requests for accommodations, and policy and procedure issues for accessibility. The City's employee customer service classes and supervisory classes include sensitivity training and PeopleFirst Language training. III. Site Development Training on accessibility standards for compliance is key in working with developers, in reviewing plans and in providing other ADA technical assistance to the community. The City has rotated four employees into the full academy at the Texas Department of Licensing and Regulation for training on Texas Accessibility Standards. This staff works in the areas of plan reviews, building inspections and accessibility compliance. IV. Outreach This is an area for the promotion of accessibility awareness. In a continuing effod, monthly training classes for City employees are conducted to increase awareness Background Information - Page 3 Outreach Continued and/or provide a refresher course in serving customers with disabilities. Since the Transition Plan adoption, professional training has been provided through City conferences on ADA compliance issues for private and public entities. Additionally, the Park and Recreation Department hosted the 2004 July Awareness Month of activities to promote inclusion within recreation centers. City Staff continue to participate in the National Inclusion Recreation Institute annual education conference. VI. Citywide Curb Ramps The recommended citywide curb ramp projects are within approximately 377 miles of City streets. These curb ramp projects are to provide accessible paths of travel along City arterial and collector streets. These Transition Plan curb ramps are being implemented as part of the 2004 Bond Program. Individual Curb Ramp Requests Citizens may submit requests for more immediate curb ramps where there is a demonstrated need. Several individual curb ramp requests at vadous sites throughout have been completed through a $224,310 Engineering contract with Nuway International, Inc. This contract included curb ramp projects within the Memorial Hospital area, Spohn Hospital area, Poenish Park, Ropes Park, Tadton between Port & Ayers, and additional work in the Mary Orett School area. Engineering Services is preparing for another construction contract for additional individual curb ramp requests, estimated at $208,842. This second contract ks expected to be let out this summer. Non-Discrimination Ordinance Summary on Complaints Based on Disability By Category Since the adoption of this Ordinance in February 2004, there have been 142 complaints filed based on disability. Under the category of "Investigations of all complaints received regarding discrimination by a place of Public Accommodations", there have been 8 disability complaints filed: 1. Restaurants- Four (4) complaints regarding physical barriers of parking, ramps and doorways. 2. Retail Shop-A complaint on restroom door. 3. Medical Center- A complaint on needed repairs to the entrance ramp and sidewalk. 4. Non-Profit Sports Tournament - A harassment complaint by tournament employee. 5. Shopping Center-A complaint on one of the entrance doors. Background Information - Page 4 Under the category of "E~fect on Other Governmental Entities", there have been 5 complaints that were referred to the appropriate agency/entity: 1. A complaint on the removal of the customer service line for persons with disabilities. 2. A complaint on a classroom issue under the Individuals with Disabilities Education Act (IDEA). 3. A complaint on a lack of accessibility for the hearing impairments during the modification/renovations of an auditorium. 4. A complaint on inoperable bus lift and staff treatment. 5~ A complaint on different treatment by certain transportation employees. Under the category of "Investigation of all complaints received excluding People with Disabilities from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program activity operated or contracted by the City of Corpus Christi", the total number of disability complaints on the City is 129: 1. Convention Center a. A complaint on the lack of an accessible ramp at a graduation ceremony. b. A complaint on the balcony in the auditorium. c. A complaint on van parking spaces. d. A complaint on seating for a concert event. e. A complaint on seating at ringside. 2. McGee Beach -A complaint on no ramp onto the beach. $. Memorial Coliseum - A complaint on seating at Arena Football games. 4. City Street Intersections -Two curb ramp improvements were requested a. Windsor Park neighborhood b. Mary Grett School area 5. Parking Fee Exempt - A complaint requesting exemption of fees at the Airport and Convention Center. 6. Elections - A complaint on improving requests for accommodations for candidates. 7 A complaint on paths of travel and in connecting facilities in the areas including the Convention Center, American Bank Center, Heritage Park, Watergarden and various museums in the vicinity. 8. Automated Trash Carts - 117 complaints on large trash carts from citizens who are unable to take the trash cart to the curb. In the area of Public Businesses Human Relations conducted sixteen (16) presentations on "Equal Opportunity and Unfair Employment Practices in the Workplace". This training was provided to employees and also management. Background Information - Page 5 In the area of Housing: The Human Relations Department's investigators are being rotated into the U.S. Department of Housing and Urban Development's (HUD) Fair Housing Training Academy. Enrollment is required. This academy's certification program consists of a five-part education series to certify HUD investigators nationwide. In the area of Employment: · "Discrimination and Harassment in the Workplace" presentations were made to create awareness in high school youth. This training was provided to all CCISD high schools by the Equal Employment Opportunity Commission's (EEOC) Regional District Office in San Antonio, Texas. · In an effort to resolve allegations of employment discrimination, the City has also conducted 15 Mediations and 39 Case Resolutions. ell · · · · · oma