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Agenda Packet City Council - 12/13/2005
CITY COUNCIL AGENDA DECEMBER 13, 2005 Corpus Christi 1 45 A M - Proclamation declaring November 29, 2005 as "Gabe Lozano, Sr. Day" - Commending the contributions of Mayor Gabe Lozano, Sr. Commendation Certificates - King High School Boys Cross Country Team - 5A State Championship AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 13, 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 the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Allen Mosiman, Parkway Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Jerry Garcia Council Members: Brent Chesney City Manager George K. Noe Melody Cooper City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Rex Kinnison John E. Marez Jesse Noyola Mark Scott E. MINUTES: Approval of Regular Meeting of November 15, 2005. (Attachment # 1) Agenda Regular Council Meeting December 13, 2005 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2.a Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $108,430 for the elimination and control of tuberculosis in Nueces County. (Attachment # 2) 2.b Ordinance appropriating a grant of $108,430 from the Department of State Health Services in the No. 1066 Health Grants Fund for the elimination and control of tuberculosis in Nueces County. (Attachment # 2) Agenda Regular Council Meeting December 13, 2005 Page 3 3.a Resolution authorizing the City Manager or his designee to execute a state funded grant agreement with the Texas Commission on Environmental Quality in the amount of $884,600 for air quality planning activities. (Attachment # 3) 3.b Ordinance appropriating $884,600 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. (Attachment # 3) Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), United States Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS the amount $229,310, out of a total project cost of $288,070 during the federal fiscal year October 1, 2005 through September 30, 2006. (Attachment # 4) 5 Motion authorizing the City Manager or his designee to extend the Software Maintenance Agreement with Infosol, Inc., of Bellaire, Texas for one year in an amount not to exceed $41,299.05 for support of the CourtHouse software currently being utilized by the Municipal Court. (Attachment # 5) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Roots/Foster Associates, Inc. of Corpus Christi, Texas in the amount or $150,385 for a total re -stated fee of $158,710 for the Renovation of Senior and Recreation Facilities City -Wide. (BOND ISSUE 2004) (Attachment # 6) Renovations and Maintenance Improvements to Facilities: • Lindale Recreation Center o Joe Garza Recreation Center o Oak Park Recreation Center o Oso Recreation Center o T.C. Ayers Recreation Center o Ethel Eyerly Community Center • Northwest Senior Center CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 4 Parking Lot Improvements: • Oveal Williams Senior Center • Lindale Senior Center • Greenwood Senior Center • Zavala Senior Center o Heritage Park Facility ADA Compliance, Maintenance Improvements and Enhancements: o Collier Pool o Greenwood Pool o H.E.B. Pool o Joe Garza Pool o Oso Pool O Parker Pool o Violet Pool o T.C. Ayers Pool o West Guth Pool Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $73,912 for a total restated fee of $1,433,911 for the Cimmaron Boulevard Street Improvement Project. (Attachment # 7) • Phase 1 - from Saratoga to Yorktown * Phase 2 - from Yorktown to Bison For additional design work on Phase 2 (BOND ISSUE 2004) Motion authorizing the City Manager or his designee to execute Amendment No. 13 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas for a total fee of $90,860 for a total re -stated contract fee of $2,943,467.21 for the O.N. Stevens Water Treatment Plant Wash Water System Project. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 5 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $352,150 for a total re -stated fee of $659,600 for the Oso Water Reclamation Plant Structure/Process Improvements Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute a construction contract with A. Ortiz Construction, of Corpus Christi, Texas in the amount of $36,354 for the Fire Station No. 3 Concrete Drive Repairs 2005. (Attachment # 10) Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Jalco, Inc., of Houston, Texas in the amount of $248,770.55 for the Antelope/Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line. (Attachment # 11) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to increase the Enterprise Products pipeline adjustment allowance in the amount of $159,965 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. (Attachment # 12) Motion authorizing the City Manager or his designee to authorize payment for adjustment of an eight (8") pipeline in the amount of $32,011 with Duke Energy, Inc., of Charlotte, North Carolina for the Cefe F. Valenzuela Landfill Site Development Project. (Attachment # 13) Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Architectural Services Contract with Chuck Anastos Associates, Inc., of Corpus Christi, Texas in the amount of $5,000 for a total contract amount of $30,000 for the Water Department Buildings Architectural Condition Survey. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 6 15 Motion authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 13 in the amount of $240,710.27 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (Attachment # 15) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Bryan L. Holmes, Manager of Nueces Real Estate Management Company, LLC, as General Partner of Nueces Real Estate Partnership, LP in the amount of $73,535 plus $1,500 in closing costs, for the purchase of fee simple property rights to 2.101 acres out of Lot 1, Section 11, Bohemian Colony Lands, located southwest of Saratoga Boulevard between Everhart Road and Sanders Drive in connection with the Club Estates Channel Improvements, Phase 2, Project (#2238) and for other municipal purposes. (Attachment # 16) Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Johnston Family Investments, Ltd., in the amount of $25,000 plus $1,000 in closing costs, for the purchase of fee simple property rights for Parcel 532, being all of Lot 8, Block 2, Kingswood Addition, necessary for the Southside Water Transmission Main, Phase 5, Project (#8391), and for other municipal purposes. (Attachment # 17) Ordinance authorizing the City Manager or his designee to execute a five-year Grazing Lease with RWT Cattle Company for 92.538 acres of City property known as the Westside Landfill located at Carbon Plant Road and Hearn's Ferry Road, for cattle grazing and approving the rental fee of $1 per year and the construction of 3,755 linear feet of stock fence by the tenant, valued at $6,000 which will remain the property of the City at the end of the lease term. (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 7 19 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, by revising Section 53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed limit on Elizabeth Street from 30 MPH to 20 MPH from 100 feet west of the center line of Ocean Drive to a point 75 feet east of the center line of Third Street; and providing for penalties. (Attachment # 19) 20 Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, by revising Section 53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed limit on Spohn Drive from 30 MPH to 20 MPH from Spohn South Drive to a point 900 feet east of the east right-of-way line of Spohn South Drive; and providing for penalties. (Attachment # 20) 21 a Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by C.C.T. Navigation -Cameron, LP, owner and developer of Navigation Pointe, Block 1, Lot 1, located west of Navigation Boulevard and south of Bates Drive for the installation of 464 linear feet of a 12 - inch PVC water grid main. (Attachment # 21) 21.b. Ordinance appropriating $35,308.38 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay C.C.T. Navigation -Cameron, L.P.'s (Developer) reimbursement request for the installation of 464 linear feet of a 12 -inch PVC water grid main as specified in the Transmission and Grid Main Construction and Reimbursement Agreement to develop Navigation Pointe, Block 1, Lot 1. (Attachment # 21) 22.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with C.C.T. Navigation -Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1 located west of Navigation Boulevard and south of Bates Drive for the installation of 1,600 linear feet of off-site 15 -inch sanitary sewer collection line. (Attachment # 22) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 8 22.b Ordinance appropriating $110,141.25 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay C.C.T. Navigation -Cameron, L.P. (Developer) for the installation of 1,600 linear feet of offsite 15 -inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Navigation Pointe, Block 1, Lot 1. (Attachment # 22) 23 Ordinance amending Ordinance No. 16561 relating to the closing and abandoning of a sixty foot (60') wide public street on Corpus Christi Beach designated as Dickinson Street, from Surfside Boulevard to North Shoreline Boulevard to remove the visual corridor plat requirement of section 1 (c) thereof and to add a plat statement indicating the utility lines within the vacated and abandoned public street are private utilities. (Attachment # 23) 24.a. Second Reading Ordinance - Amending the Rodd Field Public Improvement District boundary map, approved by Ordinance No. 025496, to redraw the boundary to include approximately 3.46 additional acres and to modify the preliminary assessment roll. (First Reading 11/15/05) (Attachment # 24) 24.b. Second Reading Ordinance - Authorizing and levying the assessment amount of $790,300 as a special assessment to the property owners as their portion of the costs for the public improvements to the property within the Rodd Field Public Improvement District. (First Reading 11/15/05) (Attachment # 24) 24,c Second Reading Ordinance - Specifying the payment of the assessment to each property owner to be paid with regular yearly installments over a period of ten (10) years at an interest rate not to exceed one-half (1/2) of one (1) percent higher than the actual interest rate paid on the public debt used to finance the improvements. (First Reading 11/15/05) (Attachment # 24) I. PUBLIC HEARINGS: 25.a. Public hearing to consider amending the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 9 feet south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin EA -C-2, by approximately 13 acres; and, realign the master channel with underground culverts through Cornerstone Unit 3 Subdivision. (Attachment # 25) 25.b First Reading Ordinance - Amending the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin EA -C-2, by approximately 13 acres; and realign the master channel with underground culvert through Cornerstone Unit 3 Subdivision. (Attachment # 25) 26.a. Public hearing to consider amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-B-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new 10 -inch PVC sanitary sewer collection line located between Don Patricio Road and the extension of Division Road, approximately 1,375 linear feet south east of and parallel to Flour Bluff Road. (Attachment # 26) 26.b. First Reading Ordinance - Amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-B-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new 10 -inch PVC sanitary sewer collection line located between Don Patricio Road and the extension of Division Road, approximately 1,375 linear feet south east of and parallel to Flour Bluff Road. (Attachment # 26) 27 a. Public hearing to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction Allocations. (Attachment # 27) 27 b Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 27) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 28. Case No. 1105-03, ATA O. AZALI, Inc.: A change of zoning from a "8-1" Neighborhood Business District and a "B-4" General Business District to a "B-1" Neighborhood Business District and a "B-4" General Business District with a "PUD -2" Planned Unit Development. The property is 1.58 acres out of a 3.28 acre tract of Lot 2, Baldwin Moore Farm Lots, located east of South Padre Island Drive, west of Friendship Drive and south of Westpoint Drive (Attachment # 28) Planning Commission and Staffs Recommendation: Approval of a "B-1" Neighborhood Business District and a "B-4" General Business District with a "PUD -2" Planned Unit Development, subject to the attached site plan. ORDINANCE Amending the Zoning Ordinance upon application by ATA O. AZALI, Inc. by changing the zoning map in reference to 1.58 acres out of a 3.28 acres tract of Lot 2, Baldwin Moore Farm Lots, from "B-1" Neighborhood Business District and "B-4" General Business District to "B-1" Neighborhood Business District and "B- 4" General Business District with a "PUD -2" Planned Unit Development subject to a site plan and eleven (11) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 29. Case No. 1005-01, Southside Ventures, L.P.: A change of zoning from a "R-1 B" One -family Dwelling District to an "A -1A" Apartment House District on Tract 1; an "A-2" Apartment House District on Tract 2; and a "B-1" Neighborhood Business District on Tract 3. The property is 27.02 acres out of Lots 1 and 2, Block 11, out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive. (Attachment # 29) Agenda Regular Council Meeting December 13, 2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Denial of an °A -1A" Apartment House District on Tract 1 and in lieu thereof, approval of an "A-1" Apartment House District; denial of an "A-2" Apartment House District on Tract 2 and in lieu thereof, approval of a "R-1 B"/SP One -family Dwelling District with a Special Permit for townhomes; and approval of a "B-1" Neighborhood Business District on Tract 3. ORDINANCE Amending the Zoning Ordinance upon application by Southside Ventures, L.P. by changing the zoning map in reference to 27.02 acres out of Bohemian Colony Lands, Lots 1, 2, and 3, Block 11, from "R -1B" One -family Dwelling on Tracts 1 and 2, to "A-1" Apartment House District on Tract 1 and "R -1B" One -family Dwelling with a Special Permit for Townhome Development on Tract 2, and "B-1" Neighborhood Business District on Tract 3; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 30 Case No. 1005-04, Southside Ventures, L.P.: A change of zoning from a "R -1B" One -family Dwelling District to an "A-1" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2. The property is 20.10 acres out of Lots 5 and 6, Block 11, out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of Adrianna Drive. (Attachment # 30) Planning Commission and Staffs Recommendation: Denial of the "A-1" Apartment House District on Tract 1 and, in lieu thereof, approval of a "R -1B" One -family Dwelling District with a Special Permit for townhomes. Denial of the "B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Southside Ventures, L.P. by changing the zoning map in reference to 20.10 acres out of Bohemian Colony Lands, Lots 5 and 6, Block 11, from "R -1B" One -family Dwelling on Tracts 1 and 2, to "R -1B" One -family Dwelling with a Special Permit for Townhome Agenda Regular Council Meeting December 13, 2005 Page 12 Development on Tract 1, and "B-1" Neighborhood Business District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. J, PRESENTATIONS: Public comment will not be solicited on Presentation items. 31 17th Annual Feast of Sharing (Attachment # 31) 32 Work Force 1 Quarterly Update (Attachment # 32) 33 Discussion of Water Issues during the Last Legislative Session and the Interim, and Possible Issues during the 2007 Legislative Session - State Representative Vilma Luna, Ron Lewis, and Tim Brown. (Attachment # 33) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 34 Motion authorizing the appointment of the Initial Five Directors of the Corpus Christi Aquifer Storage and Recovery Conservation District. (Attachment # 34) 35. Motion approving a Memorandum of Understanding (MOU) between the City of Corpus Christi ("City"), the Corpus Christi Regional Economic Development Corporation ("EDC"), and the Corpus Christi Business and Job Development Corporation ("4A"). (Attachment # 35) 36 a. Motion authorizing the City Manager or his designee to execute a contract with Next Step Consulting, LLC, of Malvern, Pennsylvania in the amount of $100,000 for consulting services related to development of citywide broadband wireless network. (Attachment # 36) 36.b. Motion to employ the Bailer Herbst Law Firm, of Washington, D.C. to provide legal services related to citywide broadband wireless network, at an hourly rate not to exceed $265 per hour, subject to certification of funds. (Attachment # 36) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 13, 2005 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 37 Motion authorizing all new leases for any and all land and/or facility owned by the City and leased to youth programs to include in the new lease a clause mandating that leagues require their parents to take a state or nationally recognized parent and coach sportsmanship program. (Attachment # 37) 38. Resolution authorizing the City Manager or his designee, to express City Council's support for the grassroots, community based initiative to address gang -related crime in Corpus Christi. (Attachment # 38) 39 First Reading Ordinance - Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-88, Age of Vehicle, to increase the maximum age of a taxicab already in service from eight (8) years to ten (10) years; Section 57-97, application for taxicab driver's permit, to provide for a temporary permit upon finding that the applicant's criminal background check comports with the requirements found at Section 57-98; providing for penalties. (Attachment # 39) L. 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 Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles-espanol en la reunion 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 RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting December 13, 2005 Page 14 M. EXECUTIVE SESSION: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 authonzing the executive session will be publicly announced by the presiding office. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent 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. 40. CITY MANAGER'S REPORT Upcoming Items 41 MAYOR'S UPDATE 42 COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at c :Li 5 p.m., December 9, 2005. Armando Chapa City Secretary Agenda Regular Council Meeting December 13, 2005 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of 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 technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Jerry Garcia Council Members: Brent Chesney Melody Cooper* Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott * Arrived at 10:25 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting November 15, 2005 -- 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Dennis Miller of the Cathedral of the Palms and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. Mayor Garrett called for approval of the minutes of the Council workshop meeting of November 1, 2005 and the regular Council meeting of November 8, 2005. A motion was made, seconded, and passed to approve the minutes as presented. ************* Mayor Garrett called for consideration of the consent agenda (Items 2-23). City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Item 7. Mr. Scott stated that he would be abstaining from the vote and discussion on Item 20. Mr Kinnison said he would be abstaining from the vote and discussion on Item 21. Mr. Bill Kopecky, 3609 Topeka, requested that Items 15 and 20 be pulled for individual consideration. Council members requested that Items 4, 13, 15, and 20 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 2 through 23, constituting the consent agenda, except for Items 4, 13, 15, and 20, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes Regular Council Meeting November 15, 2005 — Page 2 MOTION NO. M2005-389 Motion approving a professional services agreement with Oxford Global Resources, Inc., of Belchertown, Massachusetts for the implementation of the Peoplesoft 8.9 EPM Budget module upgrade for an estimated expenditure of $147,200. Funds have been budgeted in the Municipal Information Systems Fund for FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye"; Cooper was absent. ORDINANCE NO. 026540 Ordinance appropriating additional earned revenue in the amount of $52,300 from the FY 2004-2005 Women, Infants, and Children Program in the No. 1066 Health Grants Fund for continuation of the program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote. Garrett. Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Ave"; Cooper was absent. MOTION NO. 2005-392 Motion authorizing the City Manager or his designee to execute the Local Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Saratoga Road 1 S.H. 357) in the amount of $55,935.11 for the installation of a twelve inch (12") steel casing and rerouting an existing eight inch (8") wastewater line to permit construction of two additional lanes with continuous left turn lane. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly. Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-393 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Agreement for Architect/Engineer Consultant Services with Onyx Engineering, Inc., of Corpus Christi, Texas in the amount of $12,867.84 for a total re -stated fee of $37,400.84 for the O.N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance Project FY 2005-2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting November 15. 2005 — Page 3 MOTION NO. 2005-394 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the engineering contract with Maverick Engineering, of Corpus Christi, Texas in the amount of $12,760 for a restated fee of $36,760 for the Corpus Christi International Airport Air Traffic Control Tower Demolition project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. 8 MOTION NO. 2005-395 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Goldston Engineering, of Corpus Christi, Texas in the amount of $149,058 for a total re -stated fee of $1,076,448 for the Lindale/Chenoweth Drainage Improvements Project Phase 1, Parts A and B for : (BOND ISSUE 2004) * Additional design services * Inclusion of the Neighborhood Street Reconstruction Cluster 6 project The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-396 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Jalco, Inc., of Houston, Texas in the amount of $83,655.07 for USACE-approved mitigation for the downstream of Oso Lake associated with the Meadowbrook Subdivision Area Drainage Improvements project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes Regular Council Meeting November 15, 2005 Page 4 10. MOTION NO. 2005-397 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with WESCO Infrastructure Technologies, L.P., of Pearland, Texas in the amount of $478,418.90 for a total re -stated contract amount of $2.441,594.65 for the Wastewater Pipe Rehabilitation FY 2005 - Interstate Highway 37, State Highway 286 (Crosstown Expressway), and State Highway 358 (Padre Island Drive). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 11. MOTION NO. 2005-398 Motion authorizing the City Manager or his designee to execute a Geotechnical Services Agreement with Kleinfelder, Inc., of Waco, Texas in an estimated amount not to exceed $290,651 for the Cefe Valenzuela Landfill Groundwater Consulting and Quality Control/Assurance Services for 2005 and 2006; subject to funding availability. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez. Noyola, and Scott, voting "Aye"; Cooper was absent. RESOLUTION NO. 026541 Resolution recognizing the public necessity of acquiring right-of-way, utility and drainage easements for the Cimarron Boulevard Street Improvement Projects, Phases 1 and 2, (Bond 2004 Project) for street and drainage improvements and other municipal purposes in connection with the projects; authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 4.a MOTION NO. 2005-400 Motion to amend the City of Corpus Christi Water Conservation and Drought Contingency Plan, 2005, dated April 26, 2005 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes -- Regular Council Meeting November 15, 2005 — Page 5 14.h ORDINANCE NO. 026542 Ordinance amending Section 55-151, Code of Ordinances, City of Corpus Christi, regarding the City's Water Conservation and Drought Contingency Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 16. MOTION NO. 2005-402 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Robert B. Wallace, Manager, Boulevard Development Company, LLC (Developer) in the amount of $177,205.31 for the construction of public improvements including an 8 -inch sanitary sewer line, 8 -inch water main and the excavation of a storm drainage ditch to serve Padre Plaza development located south of South Padre Island Drive (S.H. 358) and west of Nile Drive, in accordance with the Platting Ordinance Section V -Required Improvements, Subsection A.3. (b). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-403 Motion to approve a one (1) year extension of the Special Permit for a mini -storage facility located on the east side of Rand Morgan Road and 600 feet south of McNorton Road. (Case No. 0904-02 - Kyle S. Williams). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 18.a. ORDINANCE NO. 026544 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with A & K Properties, LP, (Andy Arthur and Harald Meyer, Owners) for the right to construct and maintain a private 3 -inch PVC force main that will extend approximately 260 linear feet within the Graham Road right-of-way, located just east of Waldron Road; establishing a fee of $411. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes Regular Council Meeting November 15, 2005 - Page 6 18.h ORDINANCE NO. 026545 Ordinance authorizing the City Manager or his designee to execute a Private Wastewater System Service Agreement with A & K Properties, LP, (Owner) to allow the use and operation of a private wastewater system, including a grinder pump and force main, until the properties subject to this agreement can be directly connected to the City's wastewater system in conformance with the Master Plan for Sanitary Sewers in Flour Bluff, and other City requirements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent 19. ORDINANCE NO. 026546 Ordinance abandoning and vacating a 1,050 -square foot portion of a 5 -foot wide utility easement out of Lots 16A and 16B, Section 11, Flour Bluff and Encinal Farm and Garden Tract (Staples Plaza Unit 1). located east of South Staples Street, and approximately 520 feet north of Timbergate Drive; requiring the owner to comply with the specified conditions An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Ave:"Cooper was absent ORDINANCE NO. 026548 Authorizing City Manager or his designee to execute a 15 -year lease agreement with the Lady Lex Museum on the Bay Association authorizing the use of a portion of the submerged lands patented to the City by the State of Texas and adjoining littoral City property for the berthing of the C.S.S. Lexington at a pier constructed by the association and the operation of a museum. 1 First Reading 10/18/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent: Kinnison abstained. Minutes — Regular Council Meeting November 15, 2005 — Page 7 22. ORDINANCE NO. 026549 Amending the Code of Ordinances, Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limit on a portion of Old Brownsville Road (FM 665) from 65 MPH to 60 MPH from its intersection with the west city limits line of Corpus Christi to a point 1.103 miles east; providing for penalties. (First Reading 11/08/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. ORDINANCE NO. 026550 Amending the Code of Ordinances, Chapter 53-254, Schedule V, Increase of state speed limit in certain zones, by revising the speed limit on Yorktown Boulevard from 30 MPH to 35 MPH from Oso Parkway to Weber Road and re -listing the existing Yorktown speed limits to show a north to south progression; providing for penalties. (First Reading 11'08/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 15 regarding an amendment to the contract with EMA, Inc. for implementation of an optimization program, the last phase of the city's re- engineering effort. Mr. Bill Kopecky, 3609 Topeka, commented that with this amendment, the ,,ity had now spent over $4 million on the EMA, Inc. contract. He asked what the city had accomplished with this contract, noting that the city's utility service costs had increased by five ro six percent recently. City Manager Noe replied that this agreement constituted what staff hoped was the last phase of the re-engineering program in which staff would take over the program and maintain the results with a number of meaningful performance measures. The positive results of the program were that the controllable utility service costs were at the same level as they were ten years ago. The utility rate increases Mr. Kopecky referred to were driven by capital costs and infrastructure improvements. Mayor Garrett opened discussion on Item 20 regarding an agreement with Christus Spohn Health System related to the closure of Third Street for their expansion of Christus Spohn Shoreline. Mr. Bill Kopecky, 3609 Topeka, stated that in the previous discussions regarding the Third Street closure item, Christus Spohn had presented that they would cover all the costs of the relocation and closure. He asked what portion of Christus Spohn's total project costs the city was now paying. City Engineer Angel Escobar replied that Spohn's original proposal was to enlarge the portion of the Santa Fe Drive between Elizabeth and Ayers Streets near the new building site. The City asked Spohn, however, to include ADA, sidewalk, and curb and gutter improvements across the street as well to complete the improvements. In addition, Mr. Escobar stated the City was making storm water improvements to increase the size of the pipes in the area to address drainage needs. Minutes — Regular Council Meeting November 15, 2005 — Page 8 Mayor Garrett asked for Mr. Kinnison's comment on Item 15 regarding the EMA wontract. Mr. Kinnison commented that Mr. Noe had said this was probably the last amendment to the EMA contract. He asked Mr. Noe to assure him that this would be the last amendment to the contract. City Manager Noe replied the goal was to change EMA's role in the re-engineering process from a principal player to an outside consultant. Staff would be trained to implement the program independently, as opposed to relying so heavily on EMA. He anticipated that there would be a need for residual consulting during the transition, but it would be limited. Mr. Kinnison asked Assistant City Manager Oscar Martinez to provide an evaluation of the actual benefits and cost savings from the re-engineering process. Mayor Garrett asked for Mr. Garcia's comment on Item 20 regarding the street, storm water, and wastewater improvements to Santa Fe and Elizabeth Streets by Christus Spohn. In response to Mr. Garcia's question, City Engineer Escobar stated that Christus Spohn was spending a total of $2,124,000 on the project, and the city's portion of the cost was $339,000. Mayor Garrett asked for Mr. Garcia's comment on Item 13 regarding an agreement with the Coastal Bend Bays and Estuaries Program (CBBEP) related to the Southside Water Transmission Project. In response to Mr. Garcia's question, Special Assistant to the City Manager Tom Utter explained this item was the mitigation for the 42 -inch southside transmission line project at its crossing of the Laguna Madre. He said the City had previously ontracted with the CBBEP to completely mitigate the Packery Channel Project by constructing seven breakwater segments offshore and adjacent to Shamrock Island to control erosion of this ery sensitive area. The city received an excellent bid from Luhr Brothers for the work. In discussions with CBBEP and Luhr Brothers, staff discovered that the city could mitigate for the water line crossing by constructing two additional breakwaters at a reduced price of $250,000 as part of the Shamrock Island project. Mr. Utter stated this fortuitous set of circumstances would result in a substantial cost savings of $250,000. Mayor Garrett called for the vote on Items 13, 15, and 20. City Secretary Chapa polled 'he Council for their votes as follows: MOTION NO. 2005-399 Motion authorizing the City Manager or his designee to execute an agreement with the Coastal Bend Bays and Estuaries Program. Inc., (CBBEP) to construct two breakwaters at Shamrock Island in the amount of $250,000 to provide mitigation for Phase 6 of the Southside Water Transmission Project at its crossing of Laguna Madre. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes -- Regular Council Meeting November 15, 2005 — Page 9 15.a ORDINANCE NO. 026543 Ordinance appropriating $50,000 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 for Maintenance Services portion of Amendment No. 5 to the contract with EMA, Inc.; amending the Annual Budget adopted by Ordinance No. 026385 by increasing appropriations by $50,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 15.b MOTION NO. 2005-401 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the contract with EMA, Inc., of Tucson, Arizona in the amount of $568,500 for implementation of city-wide optimization program focusing on performance management and business strategy. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. �0. ORDINANCE NO. 026547 Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Christus Spohn Health System in the amount of $339,965 for the City's share of the costs for construction of street, stormwater, and wastewater improvements to Santa Fe and Elizabeth Streets. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia. Kelly, Kinnison, Marez, and Noyola, voting Ave":"Cooper was absent; Scott abstained. Mayor Garrett opened discussion on Item 4 regarding an amendment to the FY 2005 t ommunity Development Block Grant (CDBG) program related to Corpus Christi Metro Ministries. In response to Mr. Noyola's question, City Manager Noe replied that the Council Adopted the 2005 Consolidated Annual Action Plan in April 2005. Included in the plan was the approval of a $100.838 project with Corpus Christi Metro Ministries for a transitional housing facility at 1906 Leopard, the former Lighthouse for the Blind building. Since then, he said Metro Ministries had accepted the donation of another facility at 3115 McArdle; subsequently, they ished to use the funds to renovate the facility rather than begin new construction. Mr. Noyola stated that he wanted the public to know that the Loaves and Fishes building would not be moving to the new location at 3115 McArdle. Mayor Garrett asked Metro Ministries Executive Director Sean Michael Hazuda to describe the project in more detail. Mr. Hazuda explained that the focus of the new community center was to assist the working poor. The goal was to move a number of the services offered at the 1906 Leopard location to the new Minutes — Regular Council Meeting 'November 15, 2005 — Page 10 facility. including women and children's housing, men's housing, employment center, clothes ;ioset, and health center. He emphasized that the Loaves and Fishes cafeteria would remain at [906 Leopard; all the other services would be moved to the new facility. He displayed a floor plan of the new building with over 40,000 square feet. He also thanked Mr. Dusty Durrill for purchasing the property for Metro Ministries. *( Ms. Cooper arrived at 10:25 a.m.) Mayor Garrett asked for the project timeline. Mr. Hazuda responded the goal was to begin construction in January or February 2006. and to commence operations in January or February 2007 Mr. Kelly asked what improvements would be made to Loaves and Fishes. Mr. Hazuda replied the improvements included repairs to the floor, tiling, and ceilings; exterior painting and exterior wall renovation; interior painting; and installation of ceiling mounted air handlers. Mr. Kelly asked what Metro Ministries planned to do with the building they would be vacating on Leopard. Mr. Hazuda replied they hoped to sell the building. City Secretary Chapa polled the Council for their votes as follows: 4.a. MOTION NO. 2005-390 Motion authorizing the City Manager or his designee to amend the scope of work and execute a Subrecipient agreement with Corpus Christi Metro Ministries, Inc. for funds provided from the FY2005 Community Development Block Grant (CDBG) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2005-391 Motion authorizing the City Manager or his designee to amend the scope of work and execute a Subrecipient agreement with Corpus Christi Metro Ministries, Inc. for funds provided from the FY 2005 HOME. Investment Partnerships (HOME) Program. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to Items 24.a. and 24.c., and a motion was made, seconded, and passed to ,_)pen the public hearings on the Rodd Field Public Improvement District as follows: 14.a. Public hearing on the redrawing of the Rodd Field Public Improvement District boundary map, approved by Ordinance No. 025496, to include approximately 3.46 acres and to modify the preliminary assessment roll. Minutes - Regular Council Meeting November 15, 2005 — Page 11 ?4.c Public hearing to consider the proposed assessments of $790,300 to the property owners as their portion of costs for the public improvements to the property within the Rodd Field Public Improvement District. Assistant Director of Development Services Michael Gunning provided a brief history on the Rodd Field Public Improvement District. With the annexation of Rodd Field Village in 1989, the City began code enforcement efforts with individual property owners as well as with a coalition of property owners to bring the developed and developing properties into compliance with platting, zoning and building codes. However, he said at no time did a majority of the owners agree to participate in the coalition. It became apparent that the only way the platting and infrastructure costs could be affordable was through the sharing of costs by all the owners. In late 1999, Mr. Gunning reported that City staff again began meeting with a group of owners, at their request, to explore the feasibility of establishing a public improvement district to finance the platting and infrastructure improvements. A public improvement district would require the assessment of all property owners, provided the State legal tests for establishing the district are met as follows: a petition signed by more than 50 percent of the appraised value of taxable real property owners liable for assessment- and record owners of real property who constitute 50 percent of all record owners of property in the district; or owners who own real property that constitutes more than 50 percent to all taxable real property under the district proposal. Mr. Gunning reported that of the 57 property owners involved, only three had not igned the Powers of Attorneys to allow the city to plat the properties. Mr Gunning stated staff was requesting that the Council adopt three ordinances on first reading today. The first ordinance would adjust the District's boundary map to create access to the future extension of Rodd Field Road and to allow for the acquisition of property for the installation of a sanitary sewer lift station to serve Rodd Field Village and any new developments. The second and third ordinances would authorize the assessment of $790,300 to property owners within the Rodd Field Public Improvement District to pay their portion of the costs for the infrastructure. Mr. Gunning discussed the benefits of the creation of the Rodd Field Public Improvement District. First, he said the District would allow all the property in the district boundaries to be platted. 1 he city code required all property to be platted before any building permits could be issued for future expansions or major renovations to existing building, increasing their property alues. Second, he said over time, providing basic sanitary sewer, water, and public street access would eliminate the colonia-type conditions in the area. Third, he said the City would require strict compliance with code enforcement and other city ordinances in the area. Mr. Garcia asked for the project timeline. Mr. Gunning replied the project timeline had not been finalized as of yet. He expected that the plat would be finalized within the next five months. By State law, the city would be required to develop a five-year service plan detailing how they would provide services to each of the property owners. Currently, he said consulting engineers were working with individual property owners to allow them to reconfigure their lots to avoid any future replats. Assistant City Manager Ron Massey added that there was existing infrastructure in place now. and staff did not plan to make significant changes to its location. Rather, he said staff was allowing property owners to make adjustments to how they wanted their Minutes - Regular Council Meeting November 15, 2005 — Page 12 lot platted (subdivided, etc.). He said the city was proposing basic infrastructure improvements due to budget constraints. Mr. Garcia replied this was a definite improvement over the existing _onditions Mr. Garcia asked if the City was planning to install sanitary sewer lines that would accommodate future growth. City Engineer Escobar replied the City would install the maximum size pipes needed in the sanitary sewer trunk lines and water lines. Mr. Garcia asked if any suture developments would be able to tap into the city's lines after paying their fair share. Mr. Escobar replied affirmatively, saying developers could tap into the system if they were part of the District Mayor Garrett asked for public comment. The following individuals spoke in favor of establishing the Rodd Field: Mr. Joseph '`Tony" Bender; Mr. Pat Veteto, 820 Buffalo; and Mr. David Hull. Mr. Veteto expressed concern that a future Council may be able to change the assessment rate. Assistant City Manager Jay Reining replied that any change to the assessment rate would require the City to begin the public hearing process anew, which was highly unlikely. A motion was made, seconded, and passed to close the public hearing. Mr. Kinnison thanked staff and the property owners in the District for their fortitude and patience during the process. Mr. Garcia also thanked staff, and reminded the Council about the economic growth the Rodd Field Public Improvements District was bound to see as a result of the planned infrastructure improvements. City Secretary Chapa polled the Council for their votes on Items 24.h , 224.d . and 24 e. as follows: 24_b- FIRST READING ORDINANCE: Amending the Rodd Field Public Improvement District boundary map, approved by Ordinance No. 025496, to redraw the boundary to include approximately 3.46 additional acres and to modify the preliminary assessment roll. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 24.d. FIRST READING ORDINANCE Authorizing and levying the assessment amount of $790,300 as a special assessment to the property owners as their portion of the costs for the public improvements to the property within the Rodd Field Public Improvement District. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 'Minutes — Regular Council Meeting November 15, 2005 — Page 13 24.e. FIRST READING ORDINANCE Specifying the payment of the assessment to each property owner to be paid with regular yearly installments over a period of ten (10) years at an interest rate not to exceed one- half ('/2) of one (1) percent higher than the actual interest rate paid on the public debt used to finance the improvements. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" ************* Mayor Garrett referred to Item 25, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1005-05, Robert Bryant and Stephen W. Johnson: A change of zoning from a "R -1B" One -family Dwelling District to an "AB" Professional Office District. The property is 0.1952 acres out of the Lawndale Subdivision, south 36 feet of Lot 15 and north 27 feet of Lot 16, Block 14, located along South Staples Street between Maryland Avenue and Blevins Street. City Secretary Chapa said the Planning Commission and staff recommended approval of an "AB" Professional Office District. No one spoke in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as lbllows: ORDINANCE NO. 026551 Amending the Zoning Ordinance, upon application by Robert Bryant and Stephen W. Johnson, by changing the zoning map in reference to 0.1952 acres out of the Lawndale Subdivision, south 36 feet of Lot 15 and north 27 feet of Lot 16, Block 14, from "R -1B" One -family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye". * * * * * * * * * * * * * Mayor Garrett opened discussion on Items 26 and 27 regarding the acquisition of gas and water meters related to the Automated Meter Reading (AMR) project. Ms. Cooper reported that she had recently attended and presented at two international conferences regarding wireless and Minutes - Regular Council Meeting timember 15, 2005 - Page 14 broadband services. Her participation in the conferences confirmed to her that compared with Aber national and international communities, Corpus Christi was in the forefront in the wireless broadband movement. She distributed articles from international publications describing the ('it}s progress. and also thanked staff for their efforts. There were no comments from the nubile. City Secretary Chapa polled the Council for their votes on Items 26 and 27 as follows: MOTION NO. 2005-404 Motion approving supply agreements with the following companies for the following amounts for approximately 19,100 gas meters in accordance with Bid Invitation No. BI - 0044 -06, based on low bid and low bid meeting specifications for an estimated twenty- four month expenditure of $1,076,951.50 of which $161,062 is budgeted in the Gas Department Operations Budget and $341,733 is available in the Capital Improvement Project (CIP) Fund for the FY 2005-2006. The terms of the contracts shall be for twenty- four months with an option to extend for up to four additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. McGinnis Industrial Houston, Texas Bid Items: 1.1, 1.2 & 4.1 Total: $1,047,587.50 Actaris U.S. Gas Owenton, Kentucky Bid Items: 2.1, 2.2, 3.1 and 3.2 $29,364 Grand Total: $1,076,951.50 The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison. Marez. Noyola, and Scott. voting "Aye". MOTION NO. 2005-405 Motion approving supply agreements with the following companies for the following amounts for approximately 33.851 water meters and water meter registers in accordance with Bid Invitation No. BI -0038-06 based on low bid and only bid for an estimated twenty-four month expenditure of $1,778,558.45 of which $207,257.50 is budgeted in the Water Department Operations Budget and $580,251.20 is available in the Capital Improvement Project (CIP) Fund for FY 2005-2006. The terms of the contracts shall be for twenty-four months with an option to extend for up to four additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Neptune Technology AMC() Badger Fallassee, Alabama Ocala Florida Milwaukee, WI Group 1 - Bid Items: 14, 1.4A. Group 3 - Bid Items: 3.3, Group 3 -Bid Items: 1.5A, 1.6, 1.6A, I.7-1.15, Group 3.4, 3.9.3 10,3.15, 3.16, 3.5, 3.6, 3.11, 3.12, 2 - Bid Items: 2.1-2.21, Group 3 - 3.21, 3 22, 3.27, 3.28 3.17, 3.18, 3.23, Bid Items: 3.1 3.2, 3.7. 3.8, 3 13 Group 4 - Bid Items: 4.3, 3.24, 3.29, 3.30, 3.14, 3.19, 3.20. 325, 3 26, 4.4.4.9.4.10, 4.15, 4,16. Group 4 - Bid Items: Group 4 - Bid Items: 4 1. 4.2. 4.7 4.19, 4_20 4.5, 4.6, 4.11, 4.12, 48.4.13.414 4.17,4.18,4.21,4.22 Fotal: $1,679,781 Total: $72 175 Total: $26,602.45 Grand Total: $1,778,558.45 Minutes - Regular Council Meeting November 15, 2005 — Page 15 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 28 regarding an amendment to the FY 2005-06 operating budget. Assistant City Manager Oscar Martinez stated that the over 65/Disabled Homestead frozen levy was higher on the Certification of Tax Levy received from Nueces County than the Nueces County Appraisal District numbers. The operating budget was prepared based on the Appraisal District numbers. The final certified roll showed that the City would lose approximately $231,000 in the general fund and approximately $108,000 in the debt service fund. To adjust the budget, staff proposed amending revenues and appropriations in the general fund to reflect the net loss from the tax levy because of the tax freeze, and reduce the reserve appropriation by approximately $231,000 in the debt service fund to balance the budget. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: ORDINANCE NO. 026552 Ordinance amending Ordinance No. 026385, which adopted the City of Corpus Christi Operating Budget for the year beginning August 1, 2005, by decreasing both revenues and appropriations by $231,471 in the No.1020 Fund; and decreasing revenues by $108,065 in the No. 2010 Fund An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 29 regarding the removal of the existing utility crossing in the Corpus Christi ship channel. City Engineer Escobar reported that due to the upcoming project to deepen the Corpus Christi Ship Channel, it has become necessary to lower the existing utility lines approximately 30 -feet deeper than they presently are. This contract will remove the existing water, wastewater, and gas lines from underneath the bottom of and within the side slopes of the Corpus Christi Ship Channel. The new pipes should be installed by next May or June 2006; the removal of the existing pipes is scheduled to begin on August 2006. King Fisher Marine is being recommended for award of the contract, and they have agreed to hold their hid price until that time. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: MOTION 2005-406 Motion authorizing the City Manager or his designee to execute a construction contract with King Fisher Marine, of Port Lavaca, Texas in the amount of $3,250,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE -BID for removal of the existing utility crossing contingent upon the issuance of the Notice to Proceed being delayed until August 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting November 15, 2005 — Page 16 * * * * * * * * * * * * * Mayor Garrett referred to the presentation on the day's agenda regarding the "Texas International Boat Show" scheduled for April 2007 at the Corpus Christi Marina. Marina Superintendent Peter Davidson introduced Mr. Peter Bryant with the Executive Flyer magazine. He said Mr. Bryant produces international yacht and jet shows, and he would like to hold the 2007 show in the Corpus Christi Marina. He said Corpus Christi came to his attention as a viable site because of an article he read in the Dallas Morning News describing the new marina boat slip construction and development. Mr. Bryant stated that the majority of the boat shows in the U.S. take place on the East Coast, but with the refurbishment of the Corpus Christi Marina, he felt boat shows could now be held in Texas. He felt a boat show could succeed in Corpus Christi because the State of Texas was probably one of the largest buyers of boats and yachts, ranked number three in the United States in the number of boat owners. Presently, he said many of the boats were not kept in orpus Christi because the boat slips in the marina were not large enough to handle large yachts. However. with the refurbishment of the marina, the City would now be able to attract those boat owners l'he challenge was to make the boating community aware that the city had these new amenities Mr. Bryant stated one of the hest ways to increase awareness quickly was to organize 1 boat Show. Mr Bryant described the type of boat show he would like to hold in Corpus Christi. It xould incorporate yachts and boats of various sizes as well as aircraft. In addition, he said there were no other in -the -water boat shows held anywhere on the Louisiana or Texas coast, an attractive feature He suggested calling the four-day event The Texas International Boat Show" �cx encourage other Texas cities to become involved and support the event. Finally, he would recommend holding the show in April because it was the beginning of the boating season. Mr. Bryant displayed a number of photos of a boat show held last year in Florida. Mayor Garrett spoke in support of the proposed boat show. He asked Mr. Davidson if the rtv would be able to accommodate live-aboards during the event. Mr. Davidson replied that the -hairman of the Water Shore Advisory Committee had asked him to make a presentation on ive-aboards at their December committee meeting. Once the City had completed the new lathrooms and boaters facilities_ he said the marina would be able to allow a percentage of live - 'boards on each dock. M2 Kelly asked if there was a possibility that this could become an annual event. Mr. Bryant answered affirmatively, saying he felt Corpus Christi could support this type of event. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. There were no comments. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. Minutes - Regular Council Meeting November 15. 2005 - Page 17 * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported that the t'ity would be participating with Nueces County on a disaster preparedness drill over the next several days. He said the EOC would be activated during the drill. Mr. Noe stated that the next progress update on NIP Site #12 would be held next Thursday at 6:00 p.m. at the Brooks A.M.E. Worship Center on North Port Avenue. Finally, he said the following items were scheduled for consideration at the next Council meeting: presentations on the Work -Force 1 quarterly report and the Feast of Sharing. Mayor Garrett called for Council reports. Mr. Noyola reported that a street on Tiger Lane between Weber Road and Flynn Parkway seemed to be sinking in. He asked staff to look into it. Mr. Scott reported that he had received several inquiries about the removal of the disc golf set-ups at Lamar Park. He asked that the set-ups be replaced as soon as possible. Director of Parks and Recreation Sally Gavlik stated the Disc Golf Association had taken the set-ups down to renovate and strengthen the baskets. She said staff would contact them to find out why the baskets had not been replaced. Mr. Scott also reported that he had received several constituent concerns about the lack of signage directing individuals from the handicapped parking at the arena to the elevator. Mr Kinnison stated there were frequent media reports that the escalators in the convention center were not working. City Manager Noe replied the escalators were operational, but were turned off during large events because of safety concerns. He said the escalators were operational. Mr. Kinnison also commented that the parking attendants managing the traffic during arena and convention center events were not well trained, causing tremendous traffic problems. Mayor Garrett asked who was responsible for the attendants. Mr. Noe replied SMG was responsible for the staff managing the parking and traffic in the area. Mayor Garrett asked City Manager Noe to remind the Police Chief to establish the traffic patterns around the shopping malls for the holidays soon because the construction in the area would exacerbate congestion. [here being no further business to come before the Council, Mayor Garrett adjourned the (.'ouncil meeting at 11:52 a.m. on November 15, 2005. * * * * * * * * * * * * * 2 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 AGENDA ITEM: Item A: A resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $108,430 for the elimination and control of tuberculosis in Nueces County. Item B: An ordinance appropriating a grant from the Department of State Health Services in the amount of $108,430 in the No. 1066 Health Grants Fund for the elimination and control of tuberculosis in Nueces County; and declaring an emergency. ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's approval to execute and appropriate a one year contract in the amount $108,430 to fund the elimination and control of tuberculosis in Nueces County. These funds will provide services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract will begin on 01/01/06, and will be awarded for a 12 -month budget period. REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved and appropriated funds for FY05. FUNDING: There are no matching funds required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for the elimination and control of tuberculosis in Nueces County. (Department Head Si BACKGROUND INFORMATION BACKGROUND: This item renews our current contract with the Department of State Health Services (DSHS) to provide services to prevent, treat, and control tuberculosis within Nueces County. DSHS has provided grant funding to support the Health District's Tuberculosis (TB) Program for many years. During the current calendar year, the TB Program serviced approximately 10,500 patients. Financial assistance under this contract renewal is being reduced by 1.0% from 2005 levels. The contract period is from 1/1/06 - 12/31/06, and funds are being awarded to support staff salaries and benefits for TB Program services. The contract requires no matching funds. CONTRACT FOR PUBLIC HEALT - - .i�..v vv%.v♦.114.11 11•J• / YVVIlVJ/'Yr 1 LW/ Contract Issued by: DEPARTMENT OF STATE HEALTH SERVICES PF (RECEIVING AGENCY) 1100 WEST 49"' STREET AUSTIN, TEXAS 78756-3199 Legal Authority to Contract: Chapters 12 and 121, Health and Safety Code. Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in Travis County, Texas. PERFORMING AGENCY NAME: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) MAILING ADDRESS: P.O. 130X 9727 CORPUS CHRISTI TX 78469-0000 STREET ADDRESS: 1702 HORNE ROAD CORPUS CHRISTI TX 78469-0000 NAME OF AUTHORIZED CONTRACTING ENTITY: CORPUS CHRISTI (CITY OF) Of different from PERFORMING AGENCY) r PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Texas State Comptroller's Office.) NAME: CITY OF CORPUS CHRISTI ADDRESS: PO BOX 9277 CORPUS CHRISTI TX 78469-9277 (City, State, Zip) State of Texas Vendor Identification No. (14 digits) 17460005741027 PAYEE AGENCY Fiscal Year Ending Month: July PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business. Small Business - A corporation, sole proprietorship, or other legal entity formed for the purpose of making a profit which is independently owned and operated and has fewer than 100 employees or has less than S 1,000,000 in annual gross receipts. ..... Historically Underutilized Business (HUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic American, Asian Pacific American. Native American, and Women. The HUB must be certified by Texas Building and Procurement Commission or another entity. For Profit Organization SUMMARY OF CONTRACT DOCUMENTATION: COVER PAGE 1 - Receiving and Performing Agency Data GENERAL PROVISIONS — 6/2004 COVER PAGE 2 - Details of Attachment(s) ATTACHMENT(S) COVER PAGE 3 - Authorized Signatures EXHIBITS, IF APPLICABLE Cover Page 1 DETAILS OF ATTACHMENTS Att/ Amd No, 0I DSHS Program IDI DSHS Purchase Order 'Number Term Financial Assistance Direct Assistance Total Amount (DSHS Share) Begin End Source of Funds* Amount TB/PC 0000313002 00003 01/01/06 12/31/06 193.116 108,430.00 0.00 108,430.00 DSHS Document No.7460005741 2007 Totals $108,430.00 $ 0.00 $108,430.00 *Federal funds are Indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS. Cover Page 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $108,430 FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS IN NUECES COUNTY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant from the Department of State Health Services for calendar year 2006 in the amount of $108,430 for the elimination and control of tuberculosis in Nueces County. ATTEST: Armando Chapa City Secretary APPROVED: December 5, 2005 EIS_ � � NC /A AtirAt Eliza. ' h R. Hundley Assi4Znt City Attorney for the City Attorney E Hres 70 doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi Texas , 2005 rhe above resolution 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 AN ORDINANCE APPROPRIATING A GRANT OF $108,430 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR THE ELIMINATION AND CONTROL OF TUBERCULOSIS IN NUECES COUNTY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant from the Department of State Health Services, in the amount of $108,430, is appropriated in the No. 1066 Health Grants Fund for calendar year 2006 for the elimination and control of tuberculosis in Nueces County. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2005. ATTEST: Armando Chapa City Secretary APPROVED: December 5, 2005 ' .SIA A, // Eliza •' h R. Hun. ey Assi nt City Attorney for the City Attorney E Hor1181 dog; CITY OF CORPUS CHRISTI 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 emer- gency 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, Council Members Henry Garrett Mayor 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 3 AGENDA MEMORANDUM Date: December 13, 2005 SUBJECT: Corpus Christi Air Quality Research Projects Environmental Programs AGENDA ITEM: a Resolution authorizing the City Manager or the City Manager's designee, to execute a State Funded Grant Agreement with the Texas Commission on Environmental Quality in the amount of $884,600 for air quality planning activities; and t, Ordinance appropriating $884,600 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. ISSUE: The City of Corpus Christi has been offered an $884,600 grant from the Texas Commission on Environmental Quality (TCEQ) for the purpose of continuing the conduct of air quality research, planning, and small business assistance projects in Nueces and San Patricio Counties in FY 2006/2007. The grant is to be utilized for these projects to maintain compliance with federal air quality standards. FUNDING: The TCEQ provided the City of Corpus Christi with a grant in the amount of $884,600 to fund air quality research and small business assistance projects in Nueces and San Patricio Counties RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Ronald F. Massey _ Assistant City Manager Public Works and Utilities Attachments: Summary of TNRCC Contract 2 Summary of significant prior Council Action BACKGROUND INFORMATION Subject: Corpus Christi Ozone Near Non -Attainment Area Research Study Project Description: The TCEQ is again providing grant funding to Texas cities nearing non - attainment of the National Ambient Air Quality Standards (NAAQS) for ozone. The City is acting as the prime contractor with TCEQ and will subcontract the research portion of the work to Texas A&M University -Kingsville (TAMUK). Texas A&M University -Corpus Christi (TAMUCC) will subcontract with the City for continuation of a program in pollution prevention for small business and public education for air quality in Nueces and San Patricio Counties. These subcontracts will be funded through the TCEQ grant, and are a continuation of currently ongoing projects. The TCEQ is funding these programs in Corpus Christi with Appropriation Rider 8 to the FY 2006/2007 TCEQ Budget The university subcontracts will be developed from work plans and detailed budgets defining the project work: currently under development. TCEQ will review and approve the work plans and budgets prior to execution of the subcontracts for the actual project work The region is very close to violating the 8 -Hour National Ambient Air Quality Standard (NAAQS) for ozone. The research work currently underway and to be continued through this contract is serving to identify emissions sources and the atmospheric chemistry leading to ozone formation in the area. Photochemical Modeling is used to identify reduction strategies appropriate for the area based on good science. The program began in F/Y 1996/1997 undera similar Appropriations Rider(Rider26) and execution of a Flexible Attainment Region Agreement between the U.S. Environmental Protection Agency (EPA), TCEQ, and the City. The program continued through 1998/1999 with Appropriations Rider 17 funding. The funding for FY 2002/2003 is from TNRCC's Appropriations Rider 13 to the TNRCC'S 2002/2003 budget leading to an O3FIex Agreement with EPA and TCEQ. Funding for FY 2004/2005, currently in effect, is contained in Rider No. 8 to the TCEQ budget for Mose years. The 2006/2007 funding is again provided for in Rider No. 8 to the 2006/2007 TCEQ Budget Should the area be designated as non -attainment under the new standard, the sanctions imposed by EPA will be very detrimental to future economic development of the region. It may also result in loss of federal highway funds until EPA approves prescribed planning for regaining attainment status pending implementation guidance recently published by EPA. Prior Council Action: Similar project funding grants from TCEQ have been used in prior years to carry out the necessary research and outreach activities that have been instrumental in maintaining our attainment status to date. Previous significant Council Action is summarized in Attachment 2. Future Council Action: Approval of subcontracts for $25,000 or more for FY2006-2007 with TAMUK and TAMUCC upon development of the required work plans and project budgets, and their approval by TCEQ. SUMMARY GRANT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Contract Provision — TCEQ Contract No. 582-6-70888 provides $884,600 in grant funding for air quality research and planning in the Corpus Christi area for the FY 2006/2007 Biennium. Responsibilities of Contractor - Develop work plans and project budgets in collaboration with Texas A&M University -Corpus Christi and Texas A&M University -Kingsville to: • • Conduct monitoring of current air pollution levels. Continue development of an area emissions inventory. Conduct air quality analysis and modeling of atmospheric ozone formation. Analyze emission reduction strategies and cost/benefit analysis. Provide small business support. Administer and manage the project work subcontracted. Provide reports and conference calls regarding progress as required by the TCEQ. Payment - Payments shall not exceed a total of $884,600 for the term of the contract. The payment shall not exceed $442,300 for FY 2006. Term — The contract terminates on August 31, 2007 unless the Texas Legislature provides TCEQ the authority to carry forward money into the FY 2008-2009 biennium. ATTACHMENT #1 SUMMARY PRIOR COUNCIL ACTION February 10, 1998 — Motion No. 023208 authorizing the City Manager, or his designee, to execute a Rider 17 Interlocal Contract with the TNRCC in the amount of $283,750 for Air Quality Planning Activities in Nueces and San Patricio Counties. April 28, 1998 - Ord. No. 023298 appropriating $283,750 in the No. 1050 Federal/State Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties. April 28, 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to execute an Interlocal Agreement with TAMU-CC in the amount of $70,000 for air quality planning activities in Nueces and San Patricio Counties. May 11, 1999 — Ord. No. 023634 appropriating $167,000 in supplemental funding from TNRCC to continue research and outreach activities through Texas A&M University Kingsville and Corpus Christi to address issues related to attainment with the federal ozone and particulate standards March 28, 2000 — Ord. No. 023989 appropriating $30,000 of Appropriation Rider 13 grant funds from the TNRCC for work plan development of air quality research and planning projects and motions authorizing the City Manager or his designee to execute contracts with Texas A&M University at Corpus Christi and Kingsville to produce those work plans. August 22 2000 — Ord. No. 024170 appropriating $465,075 of Appropriation Rider 13 grant funds from the TNRCC to continue air quality research and planning projects, and motions authorizing the City Manager or his designee to execute contracts with Texas A&M University at Corpus Christi and Kingsville addressing issues related to attainment of the federal ozone and particulate standards. July 17, 2001 — Ord. No. 024498 appropriating $161,000 in additional Rider 13 funding for FY 2000/2001 for continuation of the air quality research and planning projects underway with TAMUCC and TAMUK. and extending the contract period to August 31, 2002. August 26, 2003 — Ord. No 025437 Appropriating $884,600 of Appropriation Rider 8 grant funds from the TCEQ to continue air quality research and planning projects, and motions authorizing the City Manager or his designee to execute Interlocal Agreements with Texas A&M University at Corpus Christi and Kingsville addressing issues related to attainment of the federal ozone and particulate standards. ATTACHMENT #2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE A STATE FUNDED GRANT AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE AMOUNT OF $884,600 FOR AIR QUALITY PLANNING ACTIVITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to execute a State Funded Grant Agreement with the Texas Commission on Environmental Quality in the amount of $884,600 for air quality planning activities. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 5th day of December. 2005. R. J- Reini Firs Assis ant City Attorney For City Attorney Resolution.doc hrpus Christi, Texas of 2005 the above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison John Marez Jesse Noyola Mark Scott Resoiuvon ioc 2 ORDINANCE APPROPRIATING $884,600 FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND FOR AIR QUALITY PLANNING ACTIVITIES; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $884,600 from the Texas Commission on Environmental Quality is appropriated in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. SECTION 2. That upon written request of the Mayor or five Council members, copy attached the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2005 ATTEST - THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 5`h day of December, 2005: R. Jay ' ining First .sistant C Attorney For City Attorney •_)rdinance.ccc 2 Corpus Christi, Texas day of 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 Marez Jesse Noyola Mark Scott Ordinance.doc 4 CITY COUNCIL AGENDA MEMORANDUM December 13, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U. S. Department of the Interior, for the continuation of surface water data collection and limited studies by the USGS for the City's water supply activity; and providing for the City to pay the USGS the amount $229,310, out 01 a total project cost of $288,070 during the federal fiscal year October 1, 2005 through September 30, 2006. ISSUE: The United States Geological Survey (USGS) established automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. In order to continue with the annual watershed gauging program, an annual joint funding agreement between the City and the USGS is necessary. FUNDING: Funds are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon Reservoir (530000-4010-30210) activities of the Water Fund for a total available of $229,310. RECOMMENDATION: The City Council authorize the City Manager ow his designee to execute the agreement. E . uardo Garafia, P.E. Director, Water Department AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION In 1981, the City requested the United States Geological Survey(USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which required that specified releases from the reservoir system be made to the bays and estuaries. The initial joint funding agreement was approved by the City Council in 1984, and it provides funds for Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake Corpus Christi and Choke Canyon Reservoir. 1 he USGS maintains all equipment, i.e. stream flow stations, data collection platforms, rain gauges, and analyzes the data gathered to provide gauge height readings, discharge readings, and reservoir content infortnation. The City funds a portion of the operational costs of the stream flow and full service data collection platforms and the full cost of rain gauges and surface discharge gauges below the two dams. The National Weather Service also uses the data collected to predict floods. When fully implemented in 1984, the program included thirteen stations; additional stations have been added since bringing the total to eighteen. Additional water quality monitoring points have also been added the last several years. The costs of data collection platforms and stream flow stations are shared by the USGS and the City of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted each year in the Water Department operating budget for the City's share of the joint funding. Funds are budgeted in the Wesley Seale Dam (530000-4010-30200) and Choke Canyon Reservoir ( 530000-4010-30210) activities of the Water Fund for a total available of $229,310. U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 06C4TX029000000 Customer #: TX029 Project #: 00170, 00370 TIN #: 74-6000574 THIS AGREEMENT is entered into as of the 1" day of October, 2005, by the U.S. GEOLOGICAL SURVEY, UNITED STATES :DEPARTMENT OF THE INTERIOR party of the first part, and the CITY OF CORPUS CHRISTI, party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation surface -water and water -quality data collection activities, hereinafter called the xogram 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. a) $ 58,760 by the party of the first part during the period October 1, 2005 to September 30, 2006 b) $229,310 by the party of the second part during the period October 1, 2005 to September 30, 2006 ic) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. .3 The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each )arty 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6 During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. ' The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8 The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps. records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing tor this agreement will be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). By: U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR Approved as to form: R. r Hing First Assistant City Attorney For City Attome<<` CITY OF CORPUS CHRISTI By: By: By: CITY OF CORPUS CHRISTI 11/30/2005 ATTACHMENT FOR TX029 STATION DESCRIPTION NO. USGS COOP TOTAL NUMBER UNITS FUNDS FUNDS FUNDS Metals, ICP/MS, Dissolved 4 $150 $910 $1,060 District Nutrients + orlho phosphate 4 $50 $320 $370 Pesticides(C-)8 SPE), filtered 4 $300 $1,540 $1,840 Pesticides(HPLC/MS SPE), filtered (lab) 4 $350 $1,950 $2,300 STATION TOTAL $13,150 =8206900 Choke Canyon Reservoir nr Three Rivers, TX Lake Survey Sample Collection and Processing 3 $2,300 $13,150 $15,450 District Minor Elem + inorganic Part I 6 $200 $1,100 $1,300 Metals, ICP/MS, Dissolved 6 $250 $1,340 $1,590 Inorganics: Major Ions and Trace Metals 6 $125 $770 $895 Pesticides(C-18 SPE), filtered 12 $1200 $4,320 $5,520 Pesticides(HPLC/MS SPE), filtered (lab) 12 $1,500 55,400 $6,900 Pesticides Bottom Sediment 2 $250 $830 $1,080 Oil and Grease 4 $100 $680 $780 STATION TOTAL- $33,515 08210500 Lake Corpus Christi near Mathis, TX Lake Survey Sample Collection and Processing 3 $2,300 $13,150 $15,450 District Minor Elem + inorganic - Part I 6 $200 $1,100 $1,300 Metals, ICP/MS, Dissolved 6 $250 $1,340 $1,590 Inorganics: Major Ions and Trace Metals 6 $125 $770 $895 Pesticides(C-18 SPE), filtered 9 $900 $3,240 $4,140 Pesticides(HPLC/MS SPE), filtered (lab) 9 $1,100 $4,080 $5,180 Pesticides - Bottom Sediment 2 $250 $830 $1,080 Oil and Grease 4 $100 $680 $780 STATION TOTAL: $30,415 08211503 Rincon Bayou Channel near Calallen. TX Temp. and Cond. Monitor 1 $0 $15,550 $15,550 STATION TOTAL. $15,550 08211505 Rincon Bayou Channel outfall to Nueces Bay nr Calallen, TX Installation of Temp., Cond, Monitor and PRECIP Gage 1 $0 $25,000 $25,000 STATION TOTAL: $25,000 WATER -QUALITY TOTAL: 515,680 $40,550 $143,930 PROJECT SURFACE WATER: 001 WATER QUALITY: 003 USGS COOP TOTAL FUNDS FUNDS FUNDS $43,080 5101,060 $144,140 $15,680 5128,250 5143,930 TOTAL 558,760 $229,310 5288,070 3 W v 2006 CITY OF CORPUS CHRISTI STATION NUMBER 001: SURFACE WATER ATTACHMENT FOR TX029 DESCRIPTION 11/30/2005 NO. USGS COOP TOTAL UNITS FUNDS FUNDS FUNDS °)8194000 Nueces River at Cotulla, TX Full Range Streamflow Station 1 $5,100 $8,400 $13,500 Raingage Station 1 $0 $650 $650 08194500 Nueces River near Tilden, TX Full Range Streamflow Station 1 $5,100 $8,400 $13,500 Raingage - Station 1 $0 $650 $650 08197500 Frio River bl Dry Frio River nr Uvalde. TX Raingage - Station 1 $220 $430 $650 08198500 Sabinal River at Sabinal. TX Raingage - Station 08200700 Hondo Creek at King Waterhole nr Hondo. TX Raingage - Station 1 $220 $430 1 $220 $430 $650 $650 08205500 Frio River near Derby, TX Full Range Streamflow Station 1 $5,100 $8,400 $13,500 Raingage - Station 1 $0 $650 $650 08206600 Frio River at Tilden, TX Full Range Streamflow Station 1 $5,100 $8,400 $13,500 08206700 San Miguel Creek near Tilden, TX Raingage - Station 1 $0 $650 $650 08206900 Choke Canyon Reservoir nr Three Rivers. TX Reservoir Contents 1 $2,740 $4,060 $6,800 Raingage - Station 1 $0 $650 $650 08206910 Choke Canyon Res. outflow nr Three Rivers- TX 0 below Base and Continous Stages 1 $3,170 $5,730 $8,900 08208000 Atascosa River at Whifsett, TX Raingage - Station 08210000 Nueces River near Three Rivers. TX Full Range Streamflow Station 08210100 Nueces River at Georgewest, Tx Stage Only Station (one level) 1 $0 $650 $650 1 $5,100 $8,400 $13,500 1 $0 $6,500 $6,500 08210500 Lake Corpus Christi near Mathis, TX Reservoir Contents 1 $2,740 $4,060 $6,800 1 W 2006 CITY OF CORPUS CHRISTI ATTACHMENT FOR TX029 11/30/2005 STATION DESCRIPTION NO. USGS COOP TOTAL NUMBER UNITS FUNDS FUNDS FUNDS 08211000 Nueces River near Mathis. TX Raingage - Station $0 $650 $650 ;18211200 Nueces River above Bluntzer, TX G below Base and Continous Stages 1 $3,170 $5,730 $8,900 :18211500 Nueces River at Calallen. TX Full Range Streamflow Station 1 $5,100 $8,400 $13,500 Redundant DCP and Additional Stage 1 $0 $4,190 $4,190 08211503 Rincon Bayou Channel near Calallen, TX 0 below Base with AVM and Continuous Stage 1 $0 $14,550 $14,550 SURFACE WATER TOTAL $43,080 $101,060 $144,140 003: WATER QUALITY 08194500 Nueces River near Tilder, TX Special Periodic Sample Collection and Processing 4 $500 $5,620 $6,120 District Minor Elem + inorganic - Part I 4 $100 $760 $860 Inorganics: Major Ions and Trace Metals 4 $60 $540 $600 Metals, ICP/MS, Dissolved 4 $150 $910 $1,060 District Nutrients + ortho-phosphate 4 $50 $320 $370 Pesticides(C-18 SPE), filtered 4 $300 $1,540 $1,840 Pesticides(HPLC/MS SPE), filtered (lab) 4 $350 $1,950 $2,300 STATION TOTAL. $13,150 08206600 Frio River at Tilden, TX Special Periodic Sample Collection and Processing 4 $500 $5,620 $6,120 District Minor Elem + inorganic Part I 4 $100 $760 8860 Inorganics: Major Ions and Trace Metals 4 $60 $540 $600 Metals, ICP/MS, Dissolved 4 $150 $910 $1,060 District Nutrients + ortho-phosphate 4 $50 $320 $370 Pesticides(C-18 SPE), filtered 4 $300 $1,540 $1,840 Pesticides(HPLC/MS SPE), filtered flab) 4 $350 $1,950 $2,300 STATION TOTAL $13,150 08210000 Nueces River near Three Rivers. TX Special Periodic Sample Collection and Processing 4 $500 $5,620 $6,120 District Minor Elem + inorganic Part I 4 $100 $760 $860 Inorganics: Major Ions and Trace Metals 4 $60 $540 $600 2 U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 06C4TX029000000 Customer #: TX029 Project #: 00170, 00370 TIN #: 74-6000574 THIS AGREEMENT is entered into as of the 15' day of October, 2005, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR. party of the first part, and the CITY OF CORPUS CHRISTI, party of the second part. 1 The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation surface -water and water -quality data collection activities, hereinafter called the ::rogram 2 The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. a) $ 58,760 by the party of the first part during the period October 1, 2005 to September 30, 2006 (b) $229,310 by the party of the second part during the period October 1, 2005 to September 30, 2006 tc) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each Darty 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5 The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7 The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party_ 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9 Billing for this agreement will be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date. interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). By: U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR CITY OF CORPUS CHRISTI By: By: Approveda$t0form: — Bv: R. ity Attorney For City Attomey U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 06C4TX029000000 Customer #: TX029 Project #: 00170, 00370 TIN #: 74-6000574 THIS AGREEMENT is entered into as of the 15' day of October, 2005, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR. party of the first part, and the CITY OF CORPUS CHRISTI, party of the second part. 7 he parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation surface -water and water -quality data collection activities, hereinafter called the ;)rogram The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program a) $ 58,760 it)) $229,310 by the party of the first part during the period October 1, 2005 to September 30, 2006 by the party of the second part during the period October 1, 2005 to September 30, 2006 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3 The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party 4 The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 4, The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6 During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. - The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be turnfshed by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date. interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). Bv: U.S. GEOLOGICAL SURVEY UNITED STATES DEPARTMENT OF THE INTERIOR Approved as to loan: R. r- 'tlnng Fi . t City ttorn v For City Attorney By: 13y: By: CITY OF CORPUS CHRISTI U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 06C4TX029000000 Customer #: TX029 Project #: 00170, 00370 TIN #: 74-6000574 THIS AGREEMENT is entered into as of the 1" day of October, 2005, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the CITY OF CORPUS CHRISTI, party of the second part. 1 The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation surface -water and water -quality data collection activities, hereinafter called the o rog ram The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. a) $ 58,760 by the party of the first part during the period October 1, 2005 to September 30, 2006 Cb) $229,310 by the party of the second part during the period October 1, 2005 to September 30, 2006 {c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively goveming each Darty 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies Df the original records will be provided to the office of the other party_ 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. Billing for this agreement will be rendered quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). U.S. GEOLOGICAL SURVEY CITY OF CORPUS CHRISTI UNITED STATES DEPARTMENT OF THE INTERIOR By: Approved as to form: 411/ R. r .7 in fig Istant C Attorney For City Attorney By: By: By: 5 CITY COUNCIL AGENDA MEMORANDUM December 13, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to extend the Software Maintenance Agreement with Infosol, Inc. of Bellaire, Texas for one year in an amount not to exceed $41,299.05 for support of the CourtHouse software currently being utilized by the Municipal Court. ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that it stays compatible with other systems. The annual maintenance agreement for CourtHouse is due for renewal on January 1, 2006. The maintenance agreement allows for the resolution of any issues with the software, it provides for upgrades as they become available and provides support for the technical environment in which the system is maintained. This environment is quite unique and we have limited in house expertise on the hardware and database combinations that are in use. Support +s therefore invaluable in times of system failure. Infosol, Inc. qualifies as sole source vendor as they are the only company providing maintenance and support for this product after June 30, 2006. They also have exclusive sales and marketing rights for this system. Attached is a letter of authorization from the original vendor. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: During March 1998, City Council authorized the purchase of the CourtHouse application and a five year maintenance agreement. That five year agreement expired in 2003 and the vendor, CSI, announced that it would no longer support the product after June 30, 2006. During December 2004, City Council authorized a change in vendor to provide continuity for the software support. FUNDING: Amount Budgeted Source of Funds $41,299.05 5210-40495-530230 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. O .F. GrCiL+C t s Ogilvie F. Gericke Director of MIS Attachments: Exhibit A — Software Maintenance Agreement Schedule A — Software and Fees Schedule B — Standard Support Charges Schedule C — Definitions and examples of covered and non -covered support terms Addendum "A" - Test Environment Exhibit B — CSI Sole Source Letter Exhibit C — Infosol Invoice 20051031-3 BACKGROUND INFORMATION The Court House Application Software System is the backbone of all information processed by the Municipal Court Adding Citations, Payments, Pay Plans, Dismissals, Deferred Dispositions, Extensions, Court Scheduling, Appeals, Warrants, Cash Bonds, etc. The system is crucial to the daily activity and revenue collection of the Municipal Court. Originally, the application was developed and maintained by Court Specialists, Inc , of Friends Wood, Texas. CSI made the decision to begin focusing their efforts on the design and development of a new product called Enact. CSI has given their customers two choices 1) remain on their support plan until June 30, 2006, and then migrate to the Enact product when it is available or 2) sign a contract with Infosol for support since they intend to continue development of the CourtHouse product. Per Exhibit B, Infosol has been authorized by CSI to assume any accounts that wish to continue the use of the CourtHouse product beyond the June 30. 2006, cutoff date. BETWEEN: SOFTWARE MAINTENANCE AGREEMENT City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 (Hereinafter referred to as "LICENSEE") And INFOSOL, INC. 6750 West Loop South, suite 500 Bellaire, Texas 77401 (Hereinafter referred to as "LICENSOR") TERM: 1-01-2006 to 12-31-2006 WHEREAS, LICENSOR has licensed to LICENSEE the software as specified in Schedule A and the LICENSEE wishes to have LICENSOR perform software maintenance services on the licensed software pursuant to the following terms: DEFINITIONS A. Software. The term "Software" shall mean the computer programs in object code and source code and documentation including any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to such computer programs and documentation for those products listed in Schedule A of this agreement. B. System. The term "System" shall mean all Software, maintenance, equipment, system or database management software, and other services provided by LICENSOR under the terms and conditions of the Software License Agreement. C Normal Business Hours. Normal Business Hours for LICENSOR for purposes of this agreement are: Monday through Friday 8:00 am - 5:00 p.m. CST Excluding LICENSOR's holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day (If a scheduled holiday falls on a weekend, it will be taken on either the previous Friday or subsequent Monday.) D. Critical incident. A problem or error has occurred that has caused the software or a major portion of the software to be inoperable 1 Priority incident. A problem or error has occurred that does not prevent use of the product, but affects ICENSEE's ability to conduct business. A workaround may exist, but is cumbersome or time onsuming Non-priority incident. A minor problem which may be cosmetic or may affect usability, but for which here is an easy workaround. 1. SCOPE OF WORK A Phis agreement covers at no additional cost to LICENSEE:: Reasonable amounts of consultation by telephone to LICENSEE'S designated contact for questions concerning operation of software. LICENSEE'S designated contact must have attended LICENSOR'S training classes for the supported product(s). LICENSOR agrees to train up to six (6) employees of the LICENSSEE'S as part of this initial agreement. Once those six have been trained additional fees will be accessed accordingly as outlined in Schedule B of this document to be paid by the LICENSSEE Fixes for any errors or inconsistencies in the software, or failures of the software to perform in accordance with the License Agreement or software manuals notified to LICENSOR by LICENSEE during the term of this agreement. LICENSEE shall assist LICENSOR in identifying the circumstances in which such errors or inconsistencies were discovered and in providing documentary evidence of the same. New releases to existing software and related documentation. One major release annually and other releases as required due to changes in State and Federal requirements and/or software error correction B Items not covered under this agreement will be billed per LICENSOR's standard support charges. '.ICENSOR will notify LICENSEE when a request for assistance is not covered under this agreement and will be billable and will receive approval from LICENSEE before the services are performed. This agreement does not cover: Programming for customized development or modifications requested by LICENSEE. Operational problems with products not covered by this agreement. Errors caused by customer misuse of the software. 4 Recovery assistance necessary due to negligence of LICENSEE or Acts of God. Installation expense for system enhancements. Continuing education and training. Non-critical support calls initiated outside of normal business hours. Installation, maintenance, and training of hardware, operating systems, databases, and third party software. ( Customization LICENSEE shall submit a written request for any custom work. LICENSOR will review the custom work requests and present LICENSEE with a written definition of customizing to be performed. a time schedule and a price quote. LICENSOR will begin work only after receiving written confirmation by LICENSEE. a) 2 III PROCEDURES A. Telecommunications. LICENSEE shall install and have operational at the time of software installation and during the term of this agreement a PPP connection, or VPN, or a 56k modem and dial-up telephone line along with the required third -party software for LICENSOR'S use in diagnosing reported incidents. Long distance charges will be reviewed annually and if they exceed 15% of the annual support fee for that year an adjustment may be made to next year's annual support fee. B Diagnosis and response. LICENSOR will provide problem diagnosis for incidents reported by LICENSEE and will supply program fixes or solutions in a timely manner consistent with the urgency of the problem. LICENSEE will send written documentation of the problem including its priority to LICENSOR. 1 Critical Incidents. LICENSOR will respond immediately to diagnose the problem. LICENSOR will work diligently with LICENSEE to correct the problem as soon as possible. Z Priority Incidents. Licensor will respond within two (2) hour of notification by LICENSEE to diagnose the problem. Within forty-eight (48) hours, LICENSOR will either provide a solution to the problem or mutually agree with LICENSEE upon a schedule for implementation of a solution. 3. Non -Priority Incidents. LICENSOR will respond within twenty-four (24) hours. LICENSOR will provide a solution to the problem in the next release of the software. 4. LICENSOR and LICENSEE may agree that problem investigation would be better conducted at LICENSEE'S location. In the event that LICENSOR'S personnel travel to LICENSEE'S location, LICENSEE will pay LICENSOR for travel and subsistence expenses. If LICENSOR, in its reasonable judgment, determines that a suspected error condition was attributable to a cause other than an error in the Software, then Licensee will pay for LICENSOR'S efforts on a time and materials basis. (: Escalation Process. If a problem is not addressed in a timely manner, LICENSEE may escalate the support process by contacting the Customer Support Manager, then the Vice President of Professional Services, and then the President. IV. TERM AND TERMINATION a Term. The term of this agreement shall commence on 1-01-2006 and shall continue until 12-31-2006. Subsequent terms will be for a period of one year, after which either party on thirty (30) days prior written notice may terminate this agreement. LICENSOR retains the right to increase annual maintenance fees at the beginning of each subsequent term. Should LICENSOR elect to increase annual maintenance fees, LICENSOR will give notice of such increase to LICENSEE thirty (30) days prior to the commencement of the subsequent term. b Renewal. This agreement may be renewed for successive, one-year terms upon the terms and conditions stated herein. At each subsequent renewal, the annual fee shall not increase more than 15% greater than the then current maintenance fee charged by LICENSOR to LICENSEE c Termination. Either party may terminate this agreement in the event of default by the other party. In the event of termination by LICENSOR or default by LICENSOR, fees paid by LICENSEE for any period after the termination date shall be refunded by LICENSOR In the event of termination by LICENSEE or default by LICENSEE, any maintenance fees up to the termination date shall become due and payable and fees previously paid shall not be refundable. 3 PAYMENT LICENSEE shall pay to LICENSOR the annual maintenance fee designated for each product listed in Schedule A Subsequent annual fees will be payable in advance. if the annual support fee is not paid within 60 days of the invoice date, this Software Maintenance Agreement shall be void. A reinstatement penalty of SO"/o of the invoice amount shall be assessed in addition to the regular fee and must be paid in advance in order to reinstate the agreement. Vl TITIl -ny changes, additions or enhancements in the form of new or partial programs or documentation as may be provided under this agreement shall remain the property of LICENSOR, are proprietary to ICENSOR and title thereto remains with LICENSOR. VII GENERAL PROVISIONS A Assignment. Neither LICENSEE nor LICENSOR shall assign or otherwise transfer any right of interest in this Agreement, in the Software. or any components of the Software, and expressly including, without limitation, the source code, in whole or in part. to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, onsolidation or reorganization. including by operation of law, without the other party's prior written ,:onsent. B. Entire Agreement. This document and its incorporated documents embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and. except as otherwise provided herein, cannot be modified without written agreement of the parties. ( Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or mpaired. D Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be governed by and construed in accordance with the laws of the State of Texas. The provisions and obligations of this Agreement are performable in Nueces County, Texas such that exclusive venue for any action arising out of this Agreement shall be in Nueces County, Texas. F Headings. The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. F Notices. All notices given hereunder will be sent registered, certified, or overnight delivery, addressed to the other party at the address shown in the first paragraph of this Agreement or other such address as either party may specify in writing. G Insurance. LICENSOR shall at Licensor's own expense, procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by LICENSOR, its agents, representatives. employees or subcontractors. H Force Majeure. Neither party shall be in default nor otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, or riots. The parties will promptly inform and consult with each other as to any of the above causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement. Insurance. Licensor agrees to comply with the attached insurance requirements. 4 vlll UPGRADES LICENSEE will be given proper and timely written notice addressing upgrade issues. The LICSENSEE will have 30 days to reply to such notice. After 30 days, LICENSOR will allow the LICENSEE 120 more days to install the upgraded software. The LICENSEE is required to stay current on LICENSOR'S latest release of the Software. If LICENSEE chooses not to upgrade, then LICENSOR will have no other choice but to discontinue maintenance on Licensee's software. In order for the LICENSOR to provide the "best" and "least expensive" support to all our LICENSEES, then LICENSOR requires that all I.ICENSEES stay current with our software. LICENSOR shall provide upgrades at no additional cost to LICENSEE Should LICENSEE choose not to utilize the upgrade, LICENSEE shall refund pro rata share of the annual maintenance fee. 5 IN WI IN TSS WHEREOF, the parties have caused this Agreement, which shall insure to the benefit of and be binding upon the successors of the respective parties, for the term specified and any subsequent renewals. INFOSOL. INC. CITY OF CORPUS CHRISTI By — Signature By: Signature Name Name Title Title Date Date: 6 SCHEDULE A - SOFTWARE AND FEES Product Annual Maintenance Fee Year Two Annual Support for COURTHOUSE CORPUS CHRISTI MUNICIPAL COURT 41,229.05 7 SCHEDULE B - STANDARD SUPPORT CHARGES Support from INFOSOL Office: A. Custom Programming Requests $175.00 per hour B. Database Performance Evaluation $400.00 Database Administration Services $175.00 per hour D. Hardware Support Services $175.00 per hour f. Other Services Not Covered by Maintenance Agreement $175.00 per hour On -Site Support: On -Site Customer will be billed: 5200.00 per hour B. Required parts and Material Actual Expense All reasonable travel related expenses as described: • ['ravel by automobile from the time a Infosol technician leaves Infosol office until he/she returns • "Travel time • Required air fare and car rental paid by Customer • If an overnight stay is required, reasonable lodging and meals are paid by Customer Actual Expense Communications (Le. long distance and modem) charges pertaining to support Actual Expense Per Standard IRS Rate $50.00 per hour Actual Expense 4. Continuing Education and Training at LICENSEE'S facility Plus travel related expenses Invoice payment terms are NET 30 DAYS. *A11 the above pricing is subject to change with 30 days prior notice. $1,000.00 per day 8 SCHEDULE C - DEFINITIONS AND EXAMPLES OF COVERED AND NON -COVERED SUPPORT TERMS Covered Items: What is "Reasonable amounts of consultation by telephone:" Reasonable amounts of consultation is defined as the practical amount of time necessary to assist a fully staffed court and application trained person in resolving operational questions concerning the software. Such questions may consist of (1) How do I run a particular function within the program and how often? (2) Where do I find a particular function within the program? (3) What data elements are required in a specific area of the program? 13. Telephone guidance for untrained employees will not be provided under this agreement. Infosol Operational Enhancements which are covered: A. An operational enhancement is a change to a current feature of the software making the feature easier to use. It could have expanded capabilities, improved audit trails, stronger user control, or all of the above. An example includes: (1) Covered enhancement would include any enhancement request, which is approved by the Infosol enhancement committee as a valuable addition to the software package for all or a majority of the clients. State Required Enhancements: A. The State mandated a new report, a change to an old report, or the capture and maintenance of new data elements. An example includes: (1) State requiring the collection of administrative and education cost for law enforcement officers. 4. New Features or modules purchased by LICENSEE from LICENSOR which were not original part of the base system and presently incorporated in this agreement, may incur an additional maintenance fee but will be included under this maintenance agreement once purchased. Not Covered Items: 1 Long Distance Telephone Charges and Long Distance Modem Charges for items not covered by this maintenance agreement with be charged at actual expense. 2. C ustomized Programming: Custom programming is performed at the request of the Customer for changes to a current program or the development of a new or additional program. Examples include: (1) The software provides a standard data entry screen. The customer requests a modification to this screen. (2) Customer requests defendant's driver's license number be included on the cash list. This Product under Another Hardware and/or Software Platform: Infosol Software and third party products must be compatible with the operating system and hardware for which the software is designed. Examples include: (1) Customer operates a single user DOS version of Infosol software, WordPerfect and Informix. (2) Customer desires to upgrade to a multi-user environment. This upgrade requires the purchase of the multi-user version of the operating system, Infosol Software, WordPerfect and Informix. 4, Interfacing To Peripherals Such As Personal Computers, Terminals, Printers, Modems, etc. : A. Interfacing to peripherals requires both hardware and software communication. The peripheral must be physically connected to the computer. The operating system must be configured to support the peripheral. 9 Operational Problems With Products Not Covered By "A Support Agreement": The Infosol Software Maintenance Contract is solely for the support and maintenance of Infosol software and DOES NOT include the support or maintenance of other (customer owned) software or hardware products. Errors Related to User Misapplication: I.rroneous erasure of data or programs and/or misapplication of data. An example is: (I) Erasing data in error or a wrong date on a large number of records requires Infosol to write a routine h� recover or correct the information Recovery Assistance: A. Restoring the system to a useable state. An example is: (1 . The hard drive on the computer is damaged during relocation and/or an Act of God, requiring Infosol tri restore programs and/or data to a repaired/replaced hard drive. n. Continuing Education and [raining. _ Education and training of operational and/or state enhancements, the purchase of additional modules, the purchase of a new release or product capability. Examples include: (I) Enhancements to the original version purchase. (2) Addition of a module not purchased at the time of sale. (31 New employees or additional users Installation of Enhancements: A. Installations of enhancements whether operational or state required are provided by electronic media. These software changes must be loaded to the Customer's computer before operation of the enhanced program by the user. In loading the software changes, alterations to the database that stores user information may be required. If so. the Customer's current database must be converted to the altered format before operation of the enhanced program. The complexity of alterations and/or enhancements may require additional training. 10 ADDENDUM "A" TEST ENVIRONMENT: Infosol will provide installation of software into a test environment prior to installation into production for a test period to be determined by agreement between licensee and licensor. Standards for the test environment will duplicate production environment standards and will be used for testing and validation of the software prior to installation onto the production environment. 11 INSURANCE REQUIREMENTS LICENSOR'S INSURANCE L;censor must not commence work under this agreement until all insurance required herein have been obtained and the City has approved such insurance. Licensor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Licensor must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non -renewal, termination or material change and 10 day written notice of cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including 1 Commercial Form 2. Premises - Operations 3 Products/ Completed Operations 4 Contractual Liability 5 independent Contractors 6. Personal Injury $500,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY t OWNED, NON -OWNED or RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS COMPENSATION EMPLOYERS LIAB ILITY Which complies with the Texas Workers' Compensation Act and Section II of this exhibit $500,000/$500,000/$500,000 PROFESSIONAL LIABILITY including: Coverage provided must cover officers, employees and agents ERRORS and OMISSIONS directors, $500,000 COMBINED SINGLE LIMIT (Defense costs not included in face value of the policy) In the event of accidents of any kind, Licensor must furnish the Risk Manager with copies of all reports of any accident within (10) ten days if any accident. ADDITIONAL REQUIREMENTS Licensor must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be sufficient to assure that all workers' compensation obligation incurred by the Contractor will be promptly met. Certificate of Insurance: 12 The City of Corpus Christi must be named as an additional insured on the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". The name of the project must be listed under "Description of Operations" At a minimum, a 30 -day written notice of cancellation, non -renewal, termination or material change and a 10 -day written notice of cancellation for non-payment is required. B If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1X6) are included or excluded. 13 September 14. 2004 To Our CourtHouse Customers: Court Specialists, Inc. P.O. Box 1523 Friendswood, Texas 77546-1523 1-800-572-6878 Office (281) 482-8898 Fax (281) 482-3398 In June of 2004 Court Specialists entered into an agreement with Infosol to provide support and maintenance services for our CourtHouse case management software. The purpose of this agreement was to provide CourtHouse customers with the choice of either migrating to Court Specialists' new case management software, eNACT, or to remain on the Court House product. Infosol has also been granted exclusive sales and marketing rights for the CourtHouse system. In this respect, Infosol will be enhancing the product to allow them to expand the customer base. This approach will allow the CourtHouse system to continue beyond the June 30, 2006 deadline Court Specialists has set for terminating support services. Infosol intends to provide maintenance and support services for the CourtHouse system beyond June 30, 2006. Those customers who cannot, or do not, intend to migrate to the eN ACT system will be able to contract directly with Infosol for longer term maintenance and support services. This will allow those customers to extend the life of their Court House system beyond the June 30, 2006 deadline. Sincerely, Charles E. Riddle Executive Vice President Court Specialists, Inc. INVOICE INFOSOL, INC. 6750 West Loop South #500 Bellaire, Tx 77401 Please Remit To: Infosol, Inc. Two Men Center 1200 Smith 16th Floor Houston, Texas 77002 Invoice Date Invoice Number 10/31/2005 20051031-3 Item Number Unit Cost Quantity Description Extended Charges 1 $41,229.05 1.00 Court Annual Maintenance INVOICE TOTAL $41,229.05 $41,229.05 6 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 SUBJECT: Senior and Recreation Facilities Renovation (Project No. 3275) — Bond 2004 AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services with Roots/Foster Associates Inc. of Corpus Christi, Texas, in the amount of $150,385 for a total re -stated fee of $158,710 for the Renovation of Senior and Recreation Facilities City -Wide (Bond Issue 2004). ISSUE: Under the 2000 Bond Issue, repairs were completed to several area senior and recreation centers citywide to bring them up to current ADA standards. Under this Bond Issue 2004 project, necessary repairs and enhancements will be made to 21 senior and recreation centers (including nine pools), as well as parking lot improvements, improved playground areas, shade structures, and roof repairs. In addition, the project will also continue the City's efforts to make all facilities ADA accessible. FUNDING: Funds for this project are available from the FY 2004-2005 Parks and Recreation Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. _1J. Sally G. jIik Directo!of Parks & Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map Ary i R. Escobar, P.E. rector of Engineering Services H \HOMEILYNDAS\GEMPARKS\2004 Bond Issuel3275 - Sr and Rec Centers\Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Senior and Recreation Facilities Renovation (Project No. 3275) - Bond 2004 AMENDMENT NO. 1 PRIOR COUNCIL ACTION: 1 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) 2. March 29, 2005 - Ordinance approving the FY 2004-2005 Capital Improvement Budget for $178,074,800. (Ordinance 026188) 3. September 20, 2005 - Resolution approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors The Cooperative Purchasing Network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating George K. Noe, City Manager, or his designee as official representative of the City of Corpus Christi relating to the program. (Bond Issue 2004) (Resolution No. 026466) PRIOR ADMINISTRATIVE ACTION: 1. August 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. 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). 4 August 30, 2005 - Administrative approval of a small agreement for Architect/Engineer Consultant Services with Roots/Foster Associates, Inc. in the amount of $8,325 for the Senior and Recreation Facilities Renovation - Bond 2004. FUTURE COUNCIL ACTION: Approval of 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. EXHIBIT "A" Page 1 of 4 PROJECT DESCRIPTION: Under the 2000 Bond Issue, repairs were completed to several area senior and recreation centers citywide to bring them up to current ADA standards. Under this Bond Issue 2004 project, necessary repairs and enhancements will be made to 21 senior and recreation centers (including nine pools), as well as parking lot improvements, improved playground areas, shade structures, and roof repairs. In addition, the project will also continue the City's efforts to make all facilities ADA accessible. The scope of work includes: • Renovations and Maintenance Improvements to Facilities: o Lindale Recreation Center • Interior finish and repairs • Improve basketball court • Exterior finish and repairs o Joe Garza Recreation Center • Interior finish and repairs • Roof repairs • Improve basketball court o Oak Park Recreation Center • Patio repairs • Shade/weather protection • Improve parking lot o Oso Recreation Center • Improve basketball court o T.C. Ayers Recreation Center • Interior finish and repairs • Improve basketball court • Additional exterior game/sports court o Ethel Eyerly Community Center • Parking lot repairs • Interior storage repairs • Exterior pavilion repair • Interior security system o Northwest Senior Center • Interior finish and repairs • Provision for security system repairs • Parking Lot Improvements o Oveal Williams Senior Center • Parking paving repairs o Lindale Senior Center • Parking area additions and repairs o Greenwood Senior Center • Parking paving repairs o Zavala Senior Center • Parking paving repairs o Heritage Park Facility • Parking paving repairs and accessibility corrections EXHIBIT "A" Page 2 of 4 • ADA Compliance, Maintenance Improvements and Enhancements o Collier Pool • Parking improvements • Additional storage o Greenwood Pool • Office space expansion • Additional storage • Roof and pool deck repairs • Upgrade building plumbing • Interior and exterior repairs • Enhancement of pool activities o H.E.B. Pool • Additional pool deck shaded area • Sidewalk repairs • Enhancement of pool activities o Joe Garza Pool • Additional pool deck shaded area • Replacement of damaged pool deck • Enhancement of pool activities o Oso Pool • ADA accessibility enhancements • Upgrade building plumbing o Parker Pool • Office expansion • Upgrade building plumbing • Replace diving board • Re -roof filter building o Violet Pool • Upgrade building plumbing • Miscellaneous repairs of exterior pool area • Miscellaneous interior repairs • ADA parking enhancements o T.C. Ayers Pool • Upgrade building plumbing • Replacement of wood deck areas • ADA accessibility enhancements o West Guth Pool • Additional storage area • ADA accessibility to pool deck and parking • Upgrade building plumbing • Tile repair EXHIBIT "A" Page 3 of 4 AMENDMENT NO.1 DESCRIPTION: Amendment No. 1 provides for professional services to develop the bid and construction documents for the specified facilities. The AE will implement the Engineering Letter Report recommendations, develop construction sequencing and connections to the existing facilities. The AE will develop construction packages for sealed bidding procedures and delivery order under TCPN for Job Order Contracting procedures CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B." EXHIBIT "A" Page 4 of 4 CONTRACT SUMMARY 1 SCOPE OF PROJECT Senior and Recreation Facilities Renovation (Project No. 3275) — Bond 2004 Renovations and maintenance improvements to the following facilities: Lindale Recreation Center, Joe Garza Recreation Center, Oak Park Recreation Center, Oso Recreation Center, T.C. Ayers Recreation Center, Ethel Eyerly Community Center, and Northwest Senior Center as per the attached Exhibit A-1 Task List. Parking lot improvements to the following facilities: Oveal Williams Senior Center, Lindale Senior Center, Greenwood Senior Center, Zavala Senior Center, and Heritage Park Facility as per the attached Exhibit A-1 Task List. ADA compliance, maintenance improvements and enhancements to the following facilities: Collier Pool, Greenwood Pool, H.E.B. Pool, Joe Garza Pool, Oso Pool, Parker Pool, Violet Pool. T C. Ayers Pool, and West Guth Pool as per the attached Exhibit A-1 Task List. 2 SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Tuesday August 30, 2005 December 19, 2005 Begin Preliminary Phase Begin Design Phase Interim Submittal Monday Friday March 3, 2006 Tuesday March 21, 2006 City Review Meeting Pre -Final Submittal Friday April 28, 2006 Friday May 5, 2006 City Review Meeting Final Submittal Friday May 12, 2006 Weekday May 2006 June 2006 Advertise for Bids Receive Bids Weekday Weekday June 2006 Begin Construction Construction Completion Weekday March 2007 4 HOME\LYNDAS‘GEN\PARKS\2004 Bond issue13275 -Sr and Rec Centers \ Contract Summary doc EXHIBIT "B" Page 1 of 3 4 FEES Specific work elements of this amendment will include: 1) Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie-in point, further confirm or update existing site and building plans and other applicable parameters required to complete the items as shown on this Task List and prepare necessary design and construction documents to execute construction of specific improvement, repair, enhancement items listed for each of the 21 project facilities in Engineering Report for this project. 2) Attend and participate in project start and planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Parks & Recreation Department staff. 3) Coordinate with J.O.C. contractor for on-site tour, as required, to ascertain any destructive investigation necessary; to ascertain level of construction documents necessary to convey work of various types of items; review cost estimates / pricing by J.O.C. contractor and other necessary coordination. 4) Prepare seven (7) copies of a preliminary phase completion report, subsequent to completion of the phase to include site review, acknowledging completion and confirming findings of Engineering Report for the project or noting changes necessary with reasons for same. Review code and Texas Department of Licensing and Regulation (TDLR) requirements affecting work of the project and prepare preliminary design of various enhancements and remodel improvements for review and approval and include in report. ,t'HOME\LYNDASIGEMPARKS12004 Bond issue13279 - Sr and Rec CenterslConlract Sunmary.doc EXHIBIT "B" Page 2 of 3 ORIGINAL CONTRACT AMD. NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $8,325.00 $0.00 $8,325.00 2 Design Phase 0.00 91,265.00 91,265.00 3 Bid Phase 0.00 4,885.00 4,885.00 4 Construction Phase 0.00 8,500.00 8,500.00 Sub -total Basic Services 8,325.00 104,650.00 112,975.00 ADDITIONAL SERVICES 1 Permit Preparation (TDLR) 0.00 9,900.00 9,900.00 2 Survey (Field Work) (AUTHORIZED) 0.00 7,935.00 7,935.00 3 Environmental Issues (AUTHORIZED) 0.00 2,700.00 2,700.00 4 Construction Observation Services 0.00 18,400.00 18,400.00 5 Public Meetings (AUTHORIZED) 0.00 4,000.00 4,000.00 6 Warranty Phase 0.00 2,800.00 2,800.00 Sub -total Additional Services 0.00 45,735.00 45,735.00 TOTAL AUTHORIZED FEE $8,325.00 $150,385.00 $158,710.00 Specific work elements of this amendment will include: 1) Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie-in point, further confirm or update existing site and building plans and other applicable parameters required to complete the items as shown on this Task List and prepare necessary design and construction documents to execute construction of specific improvement, repair, enhancement items listed for each of the 21 project facilities in Engineering Report for this project. 2) Attend and participate in project start and planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Parks & Recreation Department staff. 3) Coordinate with J.O.C. contractor for on-site tour, as required, to ascertain any destructive investigation necessary; to ascertain level of construction documents necessary to convey work of various types of items; review cost estimates / pricing by J.O.C. contractor and other necessary coordination. 4) Prepare seven (7) copies of a preliminary phase completion report, subsequent to completion of the phase to include site review, acknowledging completion and confirming findings of Engineering Report for the project or noting changes necessary with reasons for same. Review code and Texas Department of Licensing and Regulation (TDLR) requirements affecting work of the project and prepare preliminary design of various enhancements and remodel improvements for review and approval and include in report. ,t'HOME\LYNDASIGEMPARKS12004 Bond issue13279 - Sr and Rec CenterslConlract Sunmary.doc EXHIBIT "B" Page 2 of 3 5) Prepare necessary description of location for boring holes at various sites and coordinate with selected geotech study firm as required to initiate this work. 6) Review with City staff for approval, amend as required and proceed to Design Phase. 7) Prepare construction documents per city standards for bid package and as required for J.O.C. contract and in compliance with applicable codes & regulations. a-\HOME\LYNOAS\GEN\PARKS'2004 Bond issue13275 - Sr and Rec Ceoters\Contract Surrmary.doc EXHIBIT "B" Page 3 of 3 \H\CorIosR\Gen2\2005\stu11 Rochelle\BOND2004PROJECTS2.dwg 471111 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI, TEXAS 7 AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Cimarron Boulevard Street Improvement Project, Phase 2 Yorktown to Bison (Mireles) (BOND ISSUE 2004) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Maverick Engineering of Corpus Christi, Texas in the amount of $73,912 for a total restated fee of $1,433,911 for the Cimarron Boulevard Street Improvement Project: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison For additional design work on Phase 2 (BOND ISSUE 2004) ISSUE: During preliminary design several key elements emerged that will affect the construction of the project. This amendment is for necessary additional design work now required for Cimarron Boulevard Phase 2. FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. A el R. Escobar, P. E., Di ector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map HtHOMELYNDAS\GEN\Streets\2004 Bond Issue16262 - Cimarron Boulevard. Ph 2\Memorandun.dK EXHIBIT "Al Page 1 of 4 BACKGROUND INFORMATION SUBJECT: Cimarron Boulevard Improvements Project 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). March 29, 2005 - Approval 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, Mariposa 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). 5. May 17, 2005 - Ordinance appropriating $402,233.80 from the unappropriated interest earnings from Street 2000 CIP Fund 3411B; and appropriating in Street 2000 CIP Fund 3411 B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and appropriating 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. h. May 17, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering in the amount of $1,359,999 for the Cimarron Boulevard Improvements Project as follows: • Phase 1 — from Saratoga to Yorktown • Phase 2 — from Yorktown to Bison PRIOR ADMINISTRATIVE ACTION: 1 July 7, 2004 — Executed Small A/E 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 A/E Agreement with Pyle and Associates in the amount of $6,250 for the Cimarron Boulevard Improvements Project, Phase 2 from Yorktown to Bison. 3 August 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). 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). '.r+OMEBI. YNDAS\GEN \ Streets \2004 Bond Issue\6262 - Cimarron Boulevard Ph 2AGENDA BACKGROUND.doc 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 necessary construction contract 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. On May 5, 2005, a contract for professional services was awarded for the design of Cimarron Boulevard from Saratoga to Yorktown (Phase 1) and Cimarron Boulevard from Yorktown to Bison (Mireles Elementary School) (Phase 2). Work for these projects consists of: Phase 1 from Saratoga 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 arterial (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 will 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 SMireles Elementary School) - The section of Cimarron Boulevard bound between Yorktown Boulevard and 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 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" Page 2 of 4 a:1HOME'LvNDAS\GEN\Streets\2004 Bond Issue\6262 - Cimarron Boulevard, Ph 2\AGENDA BACKGROUND.doc AMENDMENT NO. 1 DESCRIPTION: During preliminary design of Phase 2 work from Yorktown to Bison several key elements were discovered that would adversely affect the project and the surrounding area. To correct these problems additional design work is necessary to alleviate any negative impact to the project and accommodate the rapid development in the area. Additional Service Item Nine: Item: Provide professional services to complete the design, bid and construction documents to replace the approximately 4,500 I.f. of 12" Cast Iron Pipe Waterline with a new 12" PVC Waterline within the Cimarron Street ROW between Yorktown and Bison Road. Reason: The original project did not anticipate replacing the existing water line. During preliminary design it was discovered that the existing line had been installed at a shallow depth and would be subject to damage during construction. Since the existing water line is now in conflict and needs to be replaced, it will be upgraded from a cast iron line to a PVC material to improve the integrity of the system. Additional Service Item Ten: Item: Provide professional services to complete the design, bid and construction documents for storm water improvements from the Cimarron/Yorktown Intersection within the Yorktown Blvd ROW The design will upgrade the existing roadside ditch to concrete box culverts for the 100 year storm with a new outfall into the Bear Creek Ditch at the Bill Witt Park. The design will also replace the existing 12" Cast Iron Pipe Waterline with a new 1,200 linear feet, 12" PVC Waterline located adjacent to the new concrete box culvert. All survey and topographic work will be included to design and layout the new drainage system to accommodate the existing and future drainage and street requirements for the Yorktown Blvd. Reason: During preliminary design it was determined that the existing ditch along Yorktown Road was undersized and ultimately would not be able to support the increase in development and subsequent storm water run-off for the area. To meet demand, the area will require the replacement of the existing ditch with approximately 1,200 linear feet of 4 x 3 box culvert and the relocation of the existing waterline. These improvements will alleviate flooding conditions in the area and are necessary to accommodate the future widening of Yorktown Road. Additional Service Item Eleven: Item: Provide professional services to complete the design, bid and construction documents for storm water improvements to improve the Bear Creek Ditch through the Bill Witt Park and extend to the receiving waters of Oso Creek. The drainage system will be designed for the 100 year storm capacity and combination of open trench and underground storm sewers. Reason: It has been determined that due to the accelerated development of the area the increased storm water flows are having a detrimental effect on the Bear Creek Ditch. The size of the existing ditch is undermining the surrounding private property and must be regarded and widened to prevent flooding and accommodate the increased storm water flows. This amendment does not affect the planned construction schedule. It is anticipated that this project will be out for bids in the January 2006 time frame and that construction should start in March 2006 and be completed by August 2006 prior to the start of school. ‘HOME\L VNOASIGE N1SKee1sk2004 Bond Issue \6262 - Cimarron Boulevard Ph 2\AGENDA BACKGROUND.doc EXHIBIT "A" Page 3 of 4 CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. 4 \HOME1l. VNDAS1GFNStreetsl2004 Bond Issue \6262 - Cimarron Boulevard. Ph 2\AGENDA BACKGROUNO.doc EXHIBIT "A" Page 4 of 4 CONTRACT SUMMARY AMENDMENT NO 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and Maverick Engineering hereinafter called "Engineer", agree to the following amendment to the Contract for Professional Services for Street Resurfacing at the following sites: • Cimarron Boulevard Phase 1 - Yorktown to Saratoga • Cimarron Boulevard Phase 2 - Yorktown to Bison (Mireles) as authorized by: Original Contract 1 My 17, 2005 1 Motion No. M2005-160 $1,359,999 Section 1. SCOPE OF SERVICES, Paragraph B., ADDITIONAL SERVICES,1 shall be modified by adding the additional paragraphs shown below. 9. Provide professional services to complete the design, bid and construction documents to replace the existing 12" Cast Iron Pipe Waterline with a new 12" PVC Waterline within the Cimarron Street ROW between Yorktown and Bison Road. 10. Provide professional services to complete the design, bid and construction documents for storm water improvements from the Cimarron/Yorktown Intersection within the Yorktown Blvd ROW. The design will upgrade the existing roadside ditch to concrete box culverts for the 100 year storm with a new outfall into the Bear Creek Ditch at the Bill Witt Park. The design will also replace the existing 12" Cast Iron Pipe Waterline with a new 12" PVC Waterline located adjacent to the new concrete box culvert. All survey and topographic work will be included to design and layout the new drainage system to accommodate the existing and future drainage and street requirements for the Yorktown Blvd. 11. Provide professional services to complete the design, bid and construction documents for storm water improvements to improve the Bear Creek Ditch through the Bill Witt Park and extend to the receiving waters of Oso Creek. The drainage system will be designed for the 100year storm capacity and combination of open trench and underground storm sewers. 2 FEES Section Three, Summary of Fees, shall be modified to include the revised table as listed below: Exhibit B Page 1 of 2 CIMARRON BLVD PHASE 1 & PHASE 2 COMBINED Fee for Basic Services Street Storm Water Water Waste Water Totals 1 Preliminary Phase $45,810.00 $22,414.93 $14,009.40 $12,897.58 2. Design Phase 3. Bid Phase 316,316.00 161,257.00 98,466.00 91,530.00 11,217.22 5,479.29 3,427.90 3,154.60 4. Construction Phase 32,868.70 16,365.28 10,127.22 9,361.79 Subtotal Basic Services Fees 406,212.01 205,516.50 126,030.52 116,943.97 $95,132.00 667,569.00 23,279.00 68,723.00 854,703.00 Fee for Additional Services (Allowance) 1 _ Permit Preparation (as applicable) (AUTHORIZED) TXDOT NPDES Permit/Amendments Texas Department of License and Regulation Total Permitting 8,914.78 4,301.98 2,710.23 2,487.01 18,414.00 2. ROW Acquisition Survey TBD TBD TBD TBD TBD 3. Topographic Survey (AUTHORIZED) 9,660.48 4,707.75 2,949.21 2,712.56 4. Environmental Issues TBD TBD TBD TBD 5. Construction Observation Services 172,914.55 89,437.64 54,170.19 50,525.63 6. Warranty Phase 5,190.47 2,635.03 1,612.79 1,497.71 20,030.00 TBD 367,048.00 10,936.00 7 Hydro -Excavation (AUTHORIZED) 0.00 0.00 13,184.00 13,184.00 26,368.00 8. Televising Existing Sanitary Sewer Lines 0.00 0.00 0.00 62,500.00 62,500.00 Sub -Total Additional Services Fees Authorized 196,680.28 101,082.40 74,626.41 132,906.91 505,296.00 Total Authorized Fee $602,892.29 $306,598.90 $200,656.93 $249,850.88 $1,359,999.00 AMENDMENT NO. 1 Street Storm Water Water Waste Water Totals Additional Services 9. 12" Waterline Replacement 0.00 10. Replacement of Yorktown Ditch 0.00 11. improvements to Bear Creek Ditch 0.00 0.00 19,337 24,673 14,149 15,753 0.00 0.00 0.00 0.00 14,149 35,090 24,673 AMENDMENT NO. 1 TOTAL 0.00 44,010 29,902 0.00 73,912 RESTATED CONTRACT TOTAL 602,892.29 350,608.90 230,558.93 249,850.88 1,433,911 Exhibit B Page 2 of 2 YORKTOWN BOULEVARD • mm moi Nom . • ake 0 gig gm i1V -- CITY PROJECT No. 6262 1i I. 111111111 111.0 41 • C• ':1:■.:1■ PriPoto NM MI =1_.__ wir;Chi __ __ ■ VICINITY MAP NOT TO SCALE BISON DRIVE EXHIBIT "C" CIMARRON BLVD. STREET IMPROVEMENTS PHASE 2 BOND 2004 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-07-2005 - - 8 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 SUBJECT: O.N. Stevens Water Treatment Plant Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) - AMENDMENT NO. 13 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 to the Contract For Professional Services with LNV Engineering for a total fee of $90,860, for a total re -stated contract fee of $2,943,467.21, for the O.N. Stevens Water Treatment Plant Wash Water System Project. ISSUE: Construction on the Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste project began in January 2003 and was scheduled to be completed in December 2004. The new construction completion date is scheduled for December 31, 2005, which will require LNV Engineering to provide approximately five (5) additional months of Resident Engineering and Inspection time. LNV Engineering estimates that 30 hours per week for Inspection and 20 hours per week for Resident Engineering will be required. FUNDING: Funds for this project are available from the FY 2004-2005 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Eduardo Director of Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map HAHOMERacholkAGEMWater1ONSWTP+6375 Awl. No. 13wgenaa Memo.doc I7grze.o7ie c--• /zA { el R. Escobar, P.E. 'rector of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (Project No. 8375) - AMENDMENT NO. 13 PRIOR COUNCIL ACTION: 1. September 9, 1997 - Approval of motion to amend Section 4 of the Master Water Plan. (Motion No. M97-246) 2. September 9, 1997 — Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan. (Ordinance No. 023050) 3. December 14, 1999 — Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with LNV Engineering in the amount of $143,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O.N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1 — 22 Rehabilitation. (Motion No. M99-422) 4. May 9, 2000 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with LNV Engineering in the amount of $214,100 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1-22 Rehabilitation stage two design work. (Motion No. M2000-135) 5. November 14, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Engineering Services Contract with LNV Engineering in the amount of $1,640,814 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) and O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) and Phase 3 (Elevated Storage Tanks). (Motion No. M2000-401) 6. December 12. 2000 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Eagle Contracting for a total fee not to exceed $4,634,000 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 1 Filter Media Replacement Project. (Motion No. M2000-436) 7. December 10, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Laughlin -Thyssen, Inc. for a total fee not to exceed $8,920,125 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Motion No. M2002-408) 8. December 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Laughlin -Thyssen, Inc. in the amount of $46,928 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Motion No. 2003-466) 9. February 10, 2004 — Approval of the FY 2003 — 2004 Capital Improvement Budget for $173,624,300. (Ordinance No. 025647) 10. April 13, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 to the Engineering Services Contract with LNV Engineering for a total fee of $71,600, for a total re -stated contract fee of $2,200,344, for the O.N. Stevens Water Treatment Plant Wash Water System Project, Phase 2, Filter Drain, Yard Piping, Wash Water Filter to Waste. (Motion No. 2004-137) EXHIBIT "A" Page 1 of 4 H: HOMEWechede\GEMWata,ONSWTP,8375\Aro. No. 13AGENDA BACKGROUND.da 11 April 27. 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with Laughlin -Thyssen, Inc. in the amount of $159,401.79 for the O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project. (Motion No. 2004-174) 12. June 8, 2004 - Ordinance appropriating $1,857,606.51 from the unappropriated bond proceeds and unappropriated interest earnings from Water 1995 CIP Fund 4082; and appropriating in Water CIP Fund 4082 for the Padre Island Pumping Plant Improvements project; amending capital budget adopted by Ordinance No. 025647 by increasing appropriations by $1,857,606.51. (Ordinance No. 025781) 13 June 8. 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with Laughlin -Thyssen, Inc. of Houston, Texas, in the amount of $1,816,491.94 for the Padre Island Pumping Plant Improvement project. (Motion No. 2004-219) 14. July 20, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the Engineering Services Contract with LNV Engineering for a total fee of $438,250, for a total re -stated contract fee of $2,638,594, for the O.N. Stevens Water Treatment Plant Wash Water System Project: (Motion No. 2004-266) Padre Island Pump Station Pumping Capacity Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste Phase 3 - Elevated Water Storage Tank 15. December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 8 with Laughlin -Thyssen, Inc. of Houston, Texas, in the amount of $139,612.26 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping, Wash Water Filter to Waste) Project and the Padre Island Pump Station Improvements. (Motion No. 2004-463) 16. April 26, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to the Contract For Professional Services with LNV Engineering 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: (Motion No. 2005-126) Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste Phase 3 - Elevated Water Storage Tank PRIOR ADMINISTRATIVE ACTION: 1. September 22, 2000 - Administrative approval of Amendment No. 2 to an engineering services contract with LNV Engineering in the amount of $14,000 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (electrical, mechanical, instrumentation systems upgrade) and ONSWTP Wash Water System Phase 1, Filters 1-22 Rehabilitation for hydraulic profiles. 2. November 7, 2001 - Administrative approval of Amendment No. 4 to the Engineering Services Contract with LNV Engineering in the amount of $19,990 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade). 3. December 10, 2001 - Administrative approval of Amendment No. 5 to the Engineering Services Contract with LNV Engineering in the amount of $14,990 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1-22 Rehabilitation project. 4. August 19, 2002 - Administrative approval of Amendment No. 6 to the Engineering Services Contract with LNV Engineering in the amount of $16,500 for the O.N. H:WOME1gach•IN GEMWste? NSWTP16376Arnd. No. 13'.GENDA 8ACKGROUND.doc EXHIBIT "A" Page 2 of 4 Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade) for inspection services. 5. September 13, 2002 - Administrative approval of Amendment No. 7 to the Engineering Services Contract with LNV Engineering in the amount of $15,500 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 5. July 22, 2003 - Administrative approval of Amendment No. 8 to the Engineering Services Contract with LNV Engineering in the amount of $24,900 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional design services. 7. August 1, 2003 — Administrative approval of Change Order No. 1 to the construction contract with Laughlin -Thyssen, Inc. of Houston, Texas in the amount of $200 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 8. January 12, 2004 - Administrative approval of Change Order No. 3 to the construction contract with Laughlin -Thyssen, Inc. of Houston, Texas in the amount of $24,883.60 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 9. January 12, 2004 - Administrative approval of Amendment No. 9 to the Engineering Services Contract with LNV Engineering in the amount of $24,950 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 3 Elevated Tank for inspection services. 10. February 26, 2004 - Administrative approval of Change Order No. 4 to the construction contract with Laughlin -Thyssen, Inc. of Houston, Texas in the amount of $21,865.89 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. 11. October 6, 2004 - Administrative approval of Change Order No. 7 to the construction contract with Laughlin -Thyssen, Inc. of Houston, Texas in the amount of $18,644.84 for the O.N. Stevens Water Treatment Plant Wash Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) project. BACKGROUND INFORMATION: The original project was approved by Council as part of the FY 2000-2001 Capital Improvement Budget. LNV Engineering was hired to provide operation improvements at the O.N. Stevens Water Treatment Plant and four (4) construction contracts were developed to complete this requirement. The approved projects are as follows: Wash Water System Phase 1 - Filter Media Replacement of Filters 1-22 —Project complete March 15, 2002. 2. Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste - Under construction; anticipated acceptance date of December 31, 2005. 3. Wash Water System Phase 3 - Elevated Tank — Project complete April 2005. 4. Additional Pump for High Service Pump Building No. 2 Pump Modifications - Project complete April 2004. EXHIBIT "A" Page 3 of 4 H: WOMEWache11eGEN\W ater ONSW TP`831SMno. No. 13WGENDA BACKGROUND.00c AMENDMENT NO. 13: Amendment No. 13 will provide for Additional Services as follows: Consultant will provide additional Resident Project Engineer and Construction Inspector Services. Laughlin-Thyssen's original contract time was to end in December 2004, but it was revised to August 1, 2005 and an additional eight (8) months' worth of Inspection and Resident Engineer fees were granted under Amendment No. 12. However, the new completion date is scheduled for December 31, 2005, which will require LNV Engineering to provide approximately five (5) additional months of Resident Engineering and Inspection time LNV Engineering estimates that 30 hours per week for Inspection and 20 hours per week for Resident Engineering will be required. The contractor has proceeded with the punch list items for the additional work that is required to complete the project according to the contract specifications. He is currently being assessed liquidated damages_ Upon completion of the project, the cost of the additional inspection necessary will be assessed against the contractor. FUNDING: Funds for this project are available from the FY 2004-2005 Water Capital Improvement Budget. EXHIBIT "A" Page 4 of 4 HAWONIBRachelbLGEMWabMONSWTP183751Amd. No. 131AGENDA BACKGROUND.doc Ddu �e O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD RIVER r.. 624 NUECES BAY 0 HWY 44 LEGEND ELEVATED STORAGE TANK C CI. AIRPORT LOCATION MAP NOT TO SCALE EXISTING TREATMENT BASIN SOUTH TEXAS WATER AUTHORITY PUMP STATION PROP 24' WASTE SECONDARY PROP 24 WASTE NORTHWEST BOOSTER PUMP STATION SERVICE PS NO. 1 / CORPUS CHRISTI BAY 4 M.D.G. CLEARWELL SECONDARY SETTLING BASIN SECONDARY SETTLING BASIN EXISTING TREATMENT BASIN 10 M.G.D. CLEARWELL 7,17)11 - WASTEWATER LINE WATER PROJECT # 8375 EXISTING TREATMENT BASIN - J !PROP 36" WASH WATER !PROP 60" MAINLINE PARTIAL PLAN VIEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE PROP WASH WATER PUMP STATION EXHIBIT "B" O.N. Stevens Water Treatment Plant Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/06/2005 IMP .MM ww 9 AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Oso Water Reclamation Plant Structure/Process Improvements Clarifier Bridges/Aeration Basin / Fine Bubble Diffuser Project (Parent Project 7230) AMENDMENT NO. 4 - Phase 2 Clarifier 5, 6, 7, 8 Improvements (Project No. 7271) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract For Professional Services with LNV Engineering in the amount of $352,150, for a total re -stated fee of $659,600, on the Oso Water Reclamation Plant Structure / Process Improvements Clarifier Bridges / Aeration Basin / Fine Bubble Diffuser. ISSUE: The treatment process at the Oso Water Reclamation Plant relies on major equipment which must eventually be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. The proposed Amendment No. 4 consists of the bridge replacement of rectangular Clarifiers No. 5, 6, 7, and 8 at the Oso Water Reclamation Plant. Amendment No. 4 surpasses the maximum limit of $25,000 for an administrative approval; and therefore, requires Council Action. FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "A-1" Project Background Exhibit "B" Location Map Exhibit "C" Contract Summary •USERS2\HOME\VELMAP\GEMWATER\8487\AMENDMENT NO 4\AGENDA MEMO A �' -041- /all/O,f gel R. Escobar, P. E. irector of Engineering Services BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Structure/Process Improvements Clarifier Bridges/Aeration Basin / Fine Bubble Diffuser Project (Parent Project 7230) AMENDMENT NO. 4 - Phase 2 Clarifier 5, 6, 7, 8 Improvements (Project No 7271) PRIOR COUNCIL ACTION: 1. December 17, 2002 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering for a total fee not to exceed $256,600 for the Oso Water Reclamation Plant Structural/Process Improvements - Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser (Motion No. M2002-420). March 29, 2005 -- Approval of the FY 2005 Capital Improvement Budget in the amount of $178,074,800 (Ordinance 026188). i. June 22, 2004 - Motion authorizing the City Manager, or his designee, to award a Construction Contract to R. M. Wright Construction Company of El Paso, Texas in the amount of $2,007,600 for the Oso Water Reclamation Plant Clarifiers 2, 3, 4 Structural Improvements (Motion No. M2004-227). 4. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to R. M. Wright Construction Company of EI Paso, Texas in the amount of $402,887.83, for a total re -stated contract fee of $2,410,487.83, for the Oso Water Reclamation Plant Clarifiers 2, 3, 4 Structural Improvements (Motion No. M2004-427) PRIOR ADMINISTRATIVE ACTION: February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2 March 13, 2002 -- Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 -- Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4 March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5 March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). EXHIBIT "A" Page 1 of 4 `9USERS2IHCMEVELMAP\GE NNYASTEWATER\72301AMENDMEN1 NO 4WGENDA BACKGROUND PRIOR ADMINISTRATIVE ACTION (continued: 6. September 26, 2003 - Administrative Approval of Amendment No. 1 to the Contract For Professional Services with LNV Engineering for a total fee of $6,000, for a total revised fee of $262,600, for the Oso Water Reclamation Plant Structural/Process Improvements - Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser. August 5, 2004 - Administrative Approval of Amendment No. 2 to the Contract For Professional Services with LNV Engineering for a total fee of $19,950, for a total revised fee of $282,550, for the Oso Water Reclamation Plant Structural/Process Improvements - Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser. October 11, 2004 - Administrative Approval of Amendment No. 3 to the Contract For Professional Services with LNV Engineering for a total fee of $24,900, for a total revised fee of $307,450, for the Oso Water Reclamation Plant Structural/Process Improvements - Clarifier Bridges/Aeration Basin/Fine Bubble Diffuser. May 2, 2005 — Administrative approval of Change Order No. 2 to R. M. Wright Construction Company of EI Paso, Texas in the amount of $16,099.12, for a total re -stated contract fee of $2,426,586.95, for the Oso Water Reclamation Plant Clarifiers 2, 3, 4 Structural Improvements. FUTURE COUNCIL ACTION: 1 Approval of multiple construction contracts to complete the subject project. AMENDMENT NO. 4: The proposed Amendment No. 4 consists of the bridge replacement of rectangular Clarifiers No. 5, 6, 7, and 8 at the Oso Water Reclamation Plant. The replacement of these clarifier bridges will be very similar to the replacement on Clarifiers 2, 3, and 4. This project includes inspection of the clarifier basins for Clarifier Nos. 5, 6, 7, and 8. This project is required in order to improve the treatment process and avoid service interruptions which cause permit violations. The proposed clarifier bridges will replace existing bridges that have been in operation for over twenty (20) years. TASKS: The Task List of Amendment No. 4 for the Clarifier No. 5, 6, 7, 8 Improvements is as follows: 1) Perform field investigation as required to define specific areas of improvements and other applicable parameters required to complete the items as shown on this Task List. 2) Attend and participate in project start and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. • These 3 meetings to include Consultant with OWNER: (1) to review the scope of work (2) to verify the OWNER's requirements for the PROJECT (3) to review available data. - `.USIf RS2%HOMEVELMAPIGENIWASTEWArER172301AMENDMENT NO 4 AGENDA BACKGROUND EXHIBIT "A" Page 2 of 4 Develop a preliminary construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules with planned Capital Improvement Program (CIP) funding. 4) Prepare one (1) hard copy and one (1) electronic (pdf) copy of the Letter Report including data collected and conceptual cost estimates for the anticipated equipment, civil/site work, structural, and related construction costs for all the items as shown on this Task List and make recommendation to the City staff. 5) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic (pdf) copy of final report. Obtain approval to proceed to Design Phase. The Engineer shall perform the above Services by considering the essential project parameters including the following: • Perform inspection of bridges and basins for Clarifiers 5, 6, 7, and 8 to determine existing condition of the clarifiers. • Determine sequence of work that minimizes impacts to plant operations and fits within C.I.P. budget. • Perform topographic survey of key structures, existing concrete wall, inlets, bridge rails and top of structures. • Provide recommendation on the most cost effective approach including budget constraints. 6) Design Phase • Provide one set of construction drawings in accordance with Exhibit A. • Engineer to use plans and specs provided by the City as a guide. • Note: This does not include a separate set of drawings for cleaning Clarifiers 5, 6, 7 and 8 in order to do inspection. Bid Phase • Attend pre-bid conference • Prepare addenda, as necessary • Prepare bid tabulation and letter of recommendation 8) Construction Phase — provide one set of construction drawings. • Perform monthly site visit • Prepare Change Orders as required • Prepare application for payment 9) Provide topographic survey of entire existing clarifier structures for Clarifiers 5, 6, 7. and 8. EXHIBIT "A" Page 3 of 4 H:\USERS2\HOMEIVELMAP\GEN\WASTEWATERl723CAAMENDMENT N 4lAGENDA BACKGROUND City to provide all existing drawings (original and as -built), contract documents, and submittals. 11) During all phases of the project, provide a one-page monthly progress report via email to the designated City staff by the fifty (5th) day of each month. Provide an additional hard copy of the one-page monthly progress report with the submittal of each monthly invoice. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". FINAL PRODUCT: The final product will consist of design, bid, and construction phase services to improve the Oso Water Reclamation Plant. EXHIBIT "A" Page 4 of 4 USERS2\HOME\VELMAP\GEN \WASTEWATERV230\AMENDMENT NO. 4IAGENDA BACKGROUND PROJECT BACKGROUND SUBJECT: Oso Water Reclamation Plant Structure/Process Improvements Clarifier Bridges/Aeration Basin / Fine Bubble Diffuser Project (Parent Project 7230) AMENDMENT NO. 4 - Phase 2 Clarifier 5, 6, 7, 8 Improvements (Project No. 7271) PROJECT BACKGROUND: The proposed project is part of the Wastewater Capital Improvement Budget and Request for Qualifications (RFQ) No. 2002-01 Aviation, Street, Water, Wastewater, and Gas Improvement Projects Package. The treatment process at the Oso Plant relies on major equipment which must eventually be rehabilitated or replaced to protect against service interruptions, plant overloading, permit violations, and to increase efficiency. The programmed improvements provide for rehabilitating clarifier bridge structures and aeration basin diffuser retro -fit. This project will provide for replacement of clarifier bridge structures, investigation to restore air service to one digester and an engineering study of the effectiveness of fine bubble diffusion systems on new air drops. The project consists of three (3) phases as follows: Phase 1 - Aeration Basins Structural Improvements (Project No. 7270) Phase 2 - Clarifier Improvements (Project No. 7271) Phase 3 - Oso Water Reclamation Plant Process Evaluation (Project No. 7273) Phase 1 - Aeration Basins Structural Improvements - This phase consists Basic Services (Preliminary, Design, Bid, Construction) and Additional Services (Permitting, Topographic Survey, Construction Observation Services, Warranty). The Consultant will perform the following tasks: A Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie in point, and other applicable parameters required to complete the project including the following: • Perform review of the available reports for the aeration basins • Determine sequence of work that minimizes impacts to plant operations • Perform topographic survey of key basins, inlets, and top of structures • Design interim structural improvements to the existing catwalk structures (replacement of future phases) in all aeration basins and digester no. 4 B. Attend and participate in project start and planning meetings with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Wastewater Department staff. EXHIBIT "A-1" Page 1 of 3 H- USERS2\HOMER/ELMAPGEN\WASTEWPTER\7230\AMENDMEN7 NO 4\PROJECI BACKGROUND C Develop a preliminary construction schedule and sequencing plan including procurement, construction, testing, coordination, and provision for minimum interruption of services, and construction schedules with planned Capital Improvement Program (CIP) funding. D. Design Phase - Provide one set of construction drawings. E. Bid Phase • Attend pre-bid conference • Prepare addenda, as necessary • Prepare bid tabulation and letter of recommendation F Construction Phase — provide one set of construction drawings. • Perform site visit • Assist City in preparation of Change Orders • Assist City with application for payment G. Provide topographic survey on all existing aeration structures. Phase 2 - Clarifier 2, 3, and 4 Improvements - This phase consists Preliminary, Design, Bid, and Construction Phase services. The Consultant will perform the following tasks: A. Field Investigation - A field investigation will be performed to define specific areas of improvements and other applicable parameters required to complete the project including the following: • Review of existing industry best management practices for activated sludge • Review clarification process that allows for maximum flexibility • Determine sequence of work that minimizes impacts to plant operations • Perform topographic survey of key structures, inlets, and top of structures • Provide recommendation on the most cost effective approach including budget constraints B. Meetings - The Consultant will attend and participate in project start and planning meetings with City staff to discuss planning and conceptual design. C. Schedule - Develop a preliminary construction schedule and sequencing including procurement, construction, testing, coordination, and provision for minimum interruption of services. D. Process Modeling — Conduct Technology Review Workshop to discuss current technologies available for the Oso Water Reclamation Plant E. Topographic Survey — Provide topographic survey of entire existing clarifier structures for clarifiers 2, 3, and 4. USERS2\HOMEVELMAP\GENIW ASTE WATER\7230NMENDMENT NO. 4\PROJECT BACKGROUND EXHIBIT "A-1" Page 2 of 3 F. Cleaning Services — Provide cleaning services to allow for inspection of clarifiers 2, 3, and 4. Phase 3 - Process Evaluation — At this time, no Design, Bid, or Construction Phase Services are authorized. Services will be negotiated after completion of Phase 1 Aeration Basins Structural Improvements and Phase 2 Clarifier Improvements and acceptance by the Director of Engineering Services. Subsequent amendments to the Consultant Contract will authorize work for Phase 3 Process Evaluation. EXHIBIT "A-1" Page 3 of 3 ^'\USERS2\ 1OMF\VELMAP\GENIWASTEWATERV23(PAMENOMENT NO. 41PROJECT BACKGROUND \Mprojec t , councdexhibits \exh 7271.dwg CORPUS CHRISTI BAY PROJECT No. 7271 LOCATION MAP NOT TO SCALE GULF OF MEXICO EXHIBIT "B" OSO WASTEWATER TREATMENT PLANT STRUCTURAUPROCESS IMPROVEMENTS CLARIFIER BRIDGES/AERATION BASIN/FINE BUBBLE DIFFUSER -PHASE 2 CLARIFIER IMP. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERNCES PAGE: 1 of 1 DATE: 11/18/2005 MM. OM W IMP MIM• N W CONTRACT SUMMARY AMENDMENT NO. 4 OSO WATER RECLAMATION PLANT STRUCTURE / PROCESS IMPROVEMENTS CLARIFIER BRIDGES / AERATION BASIN / FINE BUBBLE DIFFUSER PROJECT PHASE 2 CLARIFIER 2, 3, AND 4 IMPROVEMENTS (PROJECT NO. 7271) PROJECT SCOPE Phase 2 Clarifier 2, 3, 4 Improvements - Amendment No. 4 consists of bridge replacement of four (4) rectangular clarifiers, including rail replacement, and electrical festooning system. Also included in the proposed project is concrete crack repair for each clarifier basin. - Clarifier Nos. 5, 6, 7, and 8 - at the Oso Water Reclamation Plant. The replacement of these clarifier bridges will be very similar to the replacement on Clarifiers 2, 3 and 4. This project includes inspection of the clarifier basins for Clarifiers No. 5, 6, 7, and 8. This project is required to improve the treatment process and avoid service interruptions which cause permit violations. The proposed clarifier bridges will replace existing bridges that have been in operation for over twenty years. 2. PROJECT SCHEDULE Contract to City Council Tuesday December 13, 2005 Begin Engineering Letter Report / Clarifier Inspection Wednesday December 14, 2005 Submit Engineering Letter Report Monday March 13, 2006 City Review Friday March 31, 2006 Begin Design Phase_ Monday April 3, 2006 _ 60% Submittal Monday May 29, 2006 City Review Monday June 12, 2006 100% Submittal Monday July 10, 2006 City Review Monday July 24, 2006 Final Submittal Friday August 18, 2006 Advertise for Bids Monday September 4, 2006 September 27, 2006 November 14, 2006 December 2006 Receive Bids 4 Wednesday Award Contract Tuesday Weekday Begin Construction End Construction Weekc4y June 2008 EXHIBIT "C" Page 1 of 2 Us, R.Y. SNC ME\VELMAP\GEN\WASTEWL LER\ ;30\AMENDMEN7 NO. 4\CONTRACT SUMMARY 3. FEES The fee for performing the work is as follows: Basic Services Preliminary Phase $ 55,000.00 Final Design $ 50,000.00 Bid Phase $ 5,000.00 Construction Phase $ 71,150.00 Total Basic Services: $181,150.00 Additional Services Permit Preparation (TCEQ) $ 2,000.00 Topographic Survey $ 14,000.00 Construction Observation Services (not full time) $148,000.00 Start -Up Services $ 2,000.00 Warranty $ 5,000.00 Total Additional Services: $171,000.00 Total Amendment No. 4: $352,150.00 EXHIBIT "C" Page 2 of 2 W SERS2IHOME\VELMAP\GENIWASTEWATERV230\AMENDMENT NO. 4\CONTRACT SUMMARY 10 CITY COUNCIL AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Fire Station No 3 Concrete Drive Repairs 2005 (Project No. 5188) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to A. Ortiz Construction from Corpus Christi, Texas in the amount of $36,354 for the Fire Station No. 3 Concrete Drive Repairs 2005. ISSUE: Fire Station No. 3 is located at 1401 Morgan Street. The concrete driveway panels are old, severely cracked, and broken. The concrete panels require repair so that the heavy fire vehicles have an adequate smooth driving surface. FUNDING: Funds to finance the proposed project are available in the Fire Department Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. 1 J. J A•ame, Fire Chief Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map �0� Ar)�e142' Escobar, kr� rector of Engineering Services -',USERS2\HOME\VELMAP\GEN\FIRE DEPT 5188 FS NO. 7 CONCRETE DRIVEAGENDA MEMO BACKGROUND INFORMATION SUBJECT: Fire Station No. 3 Concrete Drive Repairs 2005 (Project No. 5188) PRIOR COUNCIL ACTION: 1 July 26, 2005 — Ordinance approving the City's FY 2005-2006 Capital Outlay Budget (Ordinance No. 026385). PRIOR ADMINISTRATIVE ACTION: 1 August 1, 2005 — Executed Small Agreement For Engineer Consultant Services with Roots / Foster Associates Architects in the amount of $3,283 for the Fire Station No. 3 Concrete Driveway Repairs 2005 Project. PROJECT BACKGROUND: Fire Station No. 3 is located at 1401 Morgan Street. The one-story facility is large and was once the main fire station. The site arrangement of the fire station is a back -in drive to the engine room which has four (4) engine bays. A very large expanse of concrete drive exists to the front of the fire station that serves the four (4) engine bay entrances. Accessibilityhto the front of the fire station is along Morgan Street and to the sides along 11th and 12t Streets. Many years of heavy rain events and vehicle wash run-off penetrate the missing and badly deteriorated expansion joints. Water saturation of the subgrade supporting the driveway slab appears to be the major problem. Water has migrated to varying extents out under the slab section from the water penetration points; thereby, causing swelling of the subgrade and heaving of the slab sections. The slab sections are no longer interconnected by dowels having been severed by corrosion from the same water penetration at the joints Various parts of the large concrete driveway are severely cracked and broken in which the concrete slab is dropped approximately three (3) to five (5) inches. Some of the cracked area of the concrete driveway is heaved up, with the worst approximately two (2) inches above the engine room floor. Expansion joint material, sealant and filler board, is completely gone for a run of 10 -feet to 12 -feet and the steel dowels have corroded in half. The exposed joint space is filled with water; and when trucks pass over this area, water spews from the joints. PROJECT DESCRIPTION: The proposed project consists of approximately 2,470 square feet of repair / replacement measures for existing concrete drive paving to include, but not necessarily limited to concrete drive demolition, repair, replacement; subgrade preparation; caliche base; reinforcing steel; steel dowels, and expansion joints; all in accordance with the plans, specifications and contract documents. vUSE RS2,ROMEVELMAP',GEN\FIRE DEP L5188 FS NC ? CONCRETE DRIVENGENDA BACKGROUND BID INFORMATION: The City received proposals from eleven (11) bidders on November 16, 2005. (See Exhibit "B" Bid Tabulation.) The bids range from $36,354 to $59,812. The project consists of a Base Bid and one (1) Additive Alternate. The Engineer's estimated construction cost for the project is $39,000. The City's consultant, Roots / Foster Associates Architects, and City staff recommends that the Total Base Bid and Additive Alternate No. 1 be awarded in the amount of $36,354 to A. Ortiz Construction of Corpus Christi, Texas for the Fire Station No. 3 Concrete Drive Repairs. CONTRACT TERMS: The contract specifies that the project will be completed in 35 calendar days. Completion is anticipated by mid-February 2006. !USERS2\HOME\VELMAP\GEN\FIRE DEPT 518B FS NO. 3 CONCRETE DRIVEWGENDA BACKGROUND 111 T p v U N o o o8 mo of oU 8 LL o 5zre 2 mW F 1- z C7 w 0 Q 2 W a' Q aN w d 0 �p S (`p N 8` c m lc 0 mI 53 m W f Coast to Coast Construction I� 8701 W. Partner. #15215 1ppl Austin, TX 78729 r Z 1 o Vi SO N N $ 5,500.00 $ N 6 2 a 1- R. M. Techcon Construction 410 S. Enterprise Parkway Corpus Christi, TX 78405 z 1 OO a? ^ 0 $ O $ CC f0 $ OOal ci co of 6 2 a r_ z 7 Leoncltos, Inc. 410 SPID, #209 Corpus Christi, TX 78405 2 a coLn co cs, w 2,500.00 m to m O 2500.00 to coo pNp lil w UNIT PRICE A. Ortiz Construction 102 Airport Road Corpus Christi, TX 78406 H o V 0 r » 2,177.00 o z t g co 2,177.00 0_ $ co y UNIT PRICE FIRE STATION NO. 3 CONCRETE DRIVE REPAIRS (PROJECT NO. 5188) F Z 0 J co J TOTAL BASE BID (ITEM BB -1) TOTAL ADD ALTERNATE (ITEM AA -1) 1 Wc2 G 7 a m 2 E 9 m g Q DESCRIPTION 8B-1 Base Bid. Total cost for all work described in plans and specifications as originally issued for construction of the project, complete and in place AA -1 Md Alternate #1. Total cost for including replacement of additional concrete drive section and crete ramp thereon, located adjacent to existing station entry portch, as described in Addendum No. 1 Drawings, complete ,and in place. 'BID SUMMARY: 1 v_ m ao m Q Q EXHIBIT "B" Page 1 of 3 R. S. Parker Construction 455 Hereford Road Cornus Christi. TX 78408 7 0 8 n � 8 0 8 0 v 4,500.00 II g 1- a w I - Z Four Star Design 328 Wray Lane Corpus Christi, TX 78412 1 0 o °4 m teW 7,500.00 0 0 0 0 0 0 0 0 0 0 0 COmra U E 6 1- Z 7 Sal -Con, Inc. 1442 Cliff Maus Corpus Christi, TX 78405 AMOUNT 0 000 O O 00 co w 5.530.00 37,300.004 0 n 0 co m 04 X UNIT PRICE Coastal Resources P. O. Drawer E TY Corpus Christi, TX 78469 AMOUNT o 0 N IN 09, 0 0 0 tri 35,720.00 0 OJ u 0 N U a 49F UNIT PRICE FIRE STATION NO. 3 CONCRETE DRIVE REPAIRS (PROJECT NO. 5188) Z N J O J TOTAL BASE BID (ITEM BB -1) TOTAL ADD ALTERNATE (ITEM AA -1) TOTAL BID (ITEM BB -1 plus ITEM AA -1) }= 0 Q ..- Z F a.E 0 w 0 138-1 Base Bid. Total cost for all work described in plans and specifications as originally Issued for construction of the project, complete and in place. AA -1 Add Altemate #1. Total cost for including replacement of additional concrete drive section and crete ramp thereon, located adjacent to existing 'station entry portch, as described in :Addendum No. 1 Drawings, complete and in place. IID SUMMARY: m1 g 1 0 c y a 0 m w -c N N O U •C 9 oC m 8 m c 0 a EXHIBIT "B" Page 2 of 3 ww c U cn 0. K 0 V m w LL Op V 2 CCa CCILI_ z w 0 0 z w a a U_ 0 d C0l C to li 8 �0'6" N 0 0 wB Ir E 0g). m 3'0 ? m 53 ,_o ) i I F 2 8 i UNIT PRICE DMB Construction P. 0. Box 71118 Corpus Christi, TX 78467 0 ai 4,863.00 0 0 i o csico oi oi w U d z zm Love Contracting 5349 County Road 73A Robstown, TX 78380 0 o O m v 0 0 m r 49,050.00 f 0 0 co 0 0 co 10 UNIT PRICE Garrett Construction P. O. Box 1028 Ingleside, TX 78362 = o 0 0 0 u, m mr1- 6,500.00 43,500.00 6,500.00 $50,000.00 UNIT PRICE FIRE STATION NO. 3 CONCRETE DRIVE REPAIRS (PROJECT NO. 5188) Z � N J J TOTAL BASE BID (ITEM BB -1) TOTAL ADD ALTERNATE (ITEM AA -1) TOTAL BID (ITEM BB -1 plus ITEM AA -1) DESCRIPTION 1313-1 Base Bid. Total cost for all work described in plans and specifications as originally issued for construction of the project, complete and In place. AA -1 Add Alternate #1. Total cost for including replacement of additional concrete drive section and crete ramp thereon, located adjacent to existing station entry portal, as described in Addendum No. 1 Drawings, complete and In place. IBID SUMMARY: v E ma EXHIBIT "B" Page 3 of 3 FIRE STATION NO. 3 CONCRETE DRIVE REPAIRS 2005 (PROJECT NO. 5188) PROJECT BUDGET December 13, 2005 FUNDS AVAILABLE: Fire Dept....... $48,272.00 FUNDS REQUIRED: Construction (A. Ortiz Construction) $36,354.00 Contingencies (10%) 3,635.00 Consultant (Roots / Foster Associates, Inc.) 3,283.00 Engineering Reimbursements 1,200.00 Construction Inspection Activity... 3,300.00 Miscellaneous (Printing, Advertising, etc.) 500.00 Total. $48,272.00 -c\USERS2,HOME\VELMAP\GEN\FIRE DEPT\5185 FS NO 3 CONCRETE DRIVE\PROJECT BUDGET EXHIBIT "C" Page 1 of 1 NI,i iirt RSG(S e . :)d.wwg CO ty NUECES BAY N 1 H 37 AGIES oac z 0 1 6, CORPUS CHRISTI BAY 9 CITY PROJECT No. 5188 FM 43 LOCATION MAP NOT TO SCALE EXHIBIT "D" FIRE STATION NO. 3 CONCRETE DRIVE REPAIRS -2005 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-07-2005 MEM/ MIN =IV NM .Mr 11 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 SUBJECT: Antelope Street and Salt Flats Area 36-Inch/48-Inch Wastewater Gravity Interceptor Line (Project No. 7302) - CHANGE ORDER NO. 3 Broadway Wastewater Treatment Plant Diversion Project AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Jalco, Inc. of Houston, Texas in the amount of $248,770.55 for the Antelope/Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line. ISSUE: During the construction of a new sanitary sewer trunk system and several new lateral systems, the contractor (Jalco Inc.) began boring under IH -37 from Carlisle Street. However, during the boring he encountered concrete pilings that provide structural support for the roadway in this location. The purpose of this change order is to cut through the concrete pilings and construct supplementary supports in order to avoid adversely affecting the roadway itself, in accordance with TxDOT requirements. FUNDING: Funds for this project are available from the FY 2004-2005 Utility Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Adc lltlonal Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map AHaA lRxhMblGEN\Werow"eenr3021Cn"np" Order No " Memo.aoo ,. Iz//'s R. Escobar, P.E. !rector of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Antelope Street and Salt Flats Area 36-Inch/48-Inch Wastewater Gravity Interceptor Line (Project No. 7302) - CHANGE ORDER NO. 3 Broadway Wastewater Treatment Plant Diversion Project CHANGE ORDER NO. 3 DESCRIPTION: This change order consists of the addition of the following bid items to the contract: • A122. Carlisle Street Bore Modifications —1 L.S. Ccs $203,124.55/L.S. Under another contract, a new wastewater lift station was constructed at the intersections of Resaca and San Rankin streets. Ultimately, this lift station will collect all sewage that currently flows directly into the existing Broadway Wastewater Treatment Plant. For the immediate future, the sewage from the lift station is pumped into the existing plant. However, once a new Broadway Wastewater Treatment Plant is constructed, the sewage from this lift station will flow to the new plant. This will basically eliminate a transition period in which the City would have to simultaneously operate two separate wastewater treatment facilities. The current project is for the construction of a new sanitary sewer trunk system that serves two purposes. The first purpose is to divert sewage that currently flows into the treatment facility so that it flows into the new lift station. The second purpose is to replace an old trunk sewer system that experiences line breaks, cave- ins, high rates of infiltration and excessive maintenance problems. This new trunk system starts at the Resaca/Sam Rankin intersection and ultimately terminates at the Antelope/Palm intersection. Several new lateral systems will also be constructed that tie to the new trunk system. In order to construct this new trunk system, it is necessary to cross under I.H. 37. This crossing is planned for Carlisle/Doss Streets. Carlisle is on the north side of I.H. 37 between Port Avenue and Brownlee Boulevard. Doss is on the south side of I.H. 37, also between Port Avenue and Brownlee Boulevard. During the design phase of the project, Maverick Engineering, Inc. (MEI) consulted with the Texas Department of Transportation (TxDOT) to obtain information about I.H. 37 and to secure the necessary permits from TxDOT to construct the sewer within the I.H. 37 right-of-way. Unfortunately, it appears that all of the information concerning the roadway construction of I.H. 37 was not supplied to MEI by TxDOT. The crossing of I. H. 37 is by means of boring under the roadway for a distance of 412 feet. The contractor began the bore from Carlisle Street and had done approximately 90 feet when he encountered an obstacle. The obstacle turned out to be concrete pilings that provide structural support for the roadway in this location. These concrete pilings are located and spaced together so that boring between them is not possible. Therefore, this change order is to cut through the concrete pilings and construct supplementary supports so that the cutting of the pilings will not have an adverse EXHIBIT "A" Page 1 of 2 111OMORxhelletGEMWastewater17302Change Order No 3\Agenda Background. doc effect on the roadway. This change has been coordinated with TxDOT so that TxDOT requirements are met. TxDOT has approved the change order. • A123. Lexington Street Waterline —1 L.S. $45.646.00/L.S. In recent days, the existing waterline on Lexington has experienced breaks that have disrupted service to the Development Services Building. CONTRACT TERMS: Change Order No. 3 adds $248,770.55 to the contract price for a total construction price of $9,244,952.53. It will also add 90 calendar days to the construction contract for a total additional time of 150 calendar days, with completion anticipated by November 2006. WOMEIRachegelGEMWaetewaterV302Change Order No. 3Vlgende Background.doc ADDITIONAL BACKGROUND INFORMATION PRIOR COUNCIL ACTION: August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M98-285) Mav 5. 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood PlantlNueces River Delta. (Motion No. M2001-189) 3 October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001-409) 4 April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2002-099) 5. July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services contract with Govind & Associates, Inc. in the amount of $639,621 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2003-239) 6. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 to an engineering services contract with Maverick Engineering, Inc. in the amount of $62,338 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2003-239) November 16. 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a total fee not to exceed $39,044 for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36-Inch/48-Inch Wastewater Gravity Interceptor Project. (Motion No. M2004-429) 8. April 19, 2005: • Motion authorizing the City Manager, or his designee, to award a construction contract to Jalco Inc. of Houston, Texas, in the amount of $8,614,720.50 for the Antelope Street and Salt Flats Area 36-Inch/48-Inch Wastewater Gravity Interceptor Line. (Rebid) (Motion No. 2005-119) • Motion authorizing the City Manager, or his designee, to execute a contract for EXHIBIT "A-1" Page 1 of 3 N WOME1RachelleAGEMWastewater173021Change Order No 31Background (2).doc professional services with Goldston Engineering Inc. for a fee not to exceed $285,140 for construction inspection services for the Antelope Street and Salt Flats Area 36-Inch/48-Inch Wastewater Gravity Interceptor Line. (Motion No. 2005-120) 9 April 26. 2005 - Motion authorizing the City Manager, or his designee, to execute ratification and Amendment No. 17 to the contract for professional services with Maverick Engineering, Inc. in the amount of $67,608 for the Resaca Lift Station and 48 -inch Gravity Line and Antelope Street and Salt Flats 36-inch/48-inch Wastewater Gravity Interceptor project. (Motion No. 2005-127) 10 October 25. 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with Jalco, Inc. of Houston, Texas in the amount of $357,720.76 for the Antelope/Salt Flats Area 36"148" Wastewater Gravity Interceptor Line. (Motion No. 2005-368) PRIOR AQM!NISTRATIVE ACTION: 1- September 10, 1999 — Administrative Amendment No. 1 to an engineering services contract with Govind & Associates for a total fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfall Improvements. 2 June 27, 2000 — Administrative Amendment No. 2 to an engineering services contract with Govind & Associates for a total fee not to exceed $9,480 for a total restated fee not to exceed $343,793, to evaluate altemate pump station locations. 3. June 19. 2001 - Administrative Amendment No. 4 to an engineering services contract with Govind & Associates for a total fee not to exceed $14,010 for a total restated fee not to exceed $400,823, to evaluate altemate pump station locations. 4 Mav 22. 2002 - Administrative Amendment No. 7 to an engineering services contract with Govind & Associates for a total fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment No. 8 to an engineering services contract with MEI Govind for a total fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24. 2002 - Administrative Amendment No. 9 to an engineering services contract with MEI Govind for a total fee not to exceed $24, 880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. February 6, 2003 - Administrative Amendment No. 10 to an engineering services contract with MEI Govind for a total fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. 8. August 29. 2003 - Administrative Amendment No. 12 to an engineering services contract with MEI Govind for a total fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. April 9, 2004 - Administrative Amendment No. 14 to an engineering services contract with Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a EXHIBIT "A-1" Page 2 of 3 HAWOMEIRache11e1GENNWastewater 73021Charpe Order No. 31Background (2) doc total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. 10. November 5. 2004 - Administrative Amendment No. 15 to an engineering services contract with Maverick Engineering, Inc. for a total fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. 11. October 27. 2005 - Administrative approval of Change Order No. 2 with Jalco, Inc. of Houston, Texas in the amount of $23,740.72 for the Antelope/Salt Flats Area 36"148" Wastewater Gravity Interceptor Line. 4r WONIEIRachelleIGEN1Waslewaferl73021Change Order No 3.Background (2).doc EXHIBIT "A-1" Page 3 of 3 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET DECEMBER 13, 2005 PROJECT: Antelope Street & Salt Flats Area 36748" Wastewater Gravity Interceptor Line - Rebid Project No: 7302 APPROVED: City Council on 4/19/05- Motion No. M2005-119 CONTRACTOR: Jalco, Inc. P. O. Box 27368 Houston, TX 77227 TOTAL CONTRACT AMOUNT $8,614,720.50 25% Limit Amount 2,153,680.13 Change Order No. 1 (10/25/05) 357,720.76 Change Order No. 2 (12/06/05) 23,740.72 Change Order No. 3 (12/13/05) 248,770.55 Total 630,232.03= 7.32% < 25% H'WOMEWacheee\GEMWaslewate673021Change Order No. %Change Order Summery doc EXHIBIT "B" Page 1 of 1 o�rct Ji,^cnz-� ;.Jas sex,. Jug Jwy CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE CITY PROJECT No. 7302 VICINITY MAP NOT ro SCALE EXHIBIT "C" ANTELOPE STREET AND SALT FLATS AREA 36-INCH/48-INCH WASTEWATER GRAVITY INTERCEPTOR LINE PROJECT (CO 3) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-06-2005 - — 12 AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Cefe Valenzuela Landfill — Pipeline Adjustments (Project 5186) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to increase the Enterprise Products pipeline adjustment allowance in the amount of $159,965.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. ISSUE: The pipeline company did not respond to requests for a cost estimate for pipeline adjustment when the plans were prepared. The cost of adjusting the pipeline exceeds the allowance provided by the contract documents requiring a change order to authorize the additional funds. RECOMMENDATION: Approval of the motion as presented. Ang scobar, P.E. J - •Ian Dir for of Engineering Services 1 r- or of Solid Waste/Street Services Attachments: a. Additional Information b. Reimbursement Letter/Costs c. Preliminary Budget d. Site Map H WOME\KEVINS\GEN\LANDFILL\Valenzuela\CO1Memo,doc ADDITIONAL INFORMATION BACKGROUND: A total of six pipelines were identified during design that must be adjusted to accommodate the storm water drainage channel being constructed as part of Cefe Valenzuela Landfill. Each of the pipeline companies were supplied with copies of plans, and asked to provide a preliminary pipeline adjustment cost to lower their pipeline below the drainage channel. That cost plus fifteen percent (15%) was included as an allowance in the bid documents. The addition fifteen percent (15%) was compensation to the contractor for dealing with and managing the pipeline of adjustment. One company (Enterprise Products) did not respond to requests for a cost estimate for pipeline adjustment. The design engineer provided an adjustment allowance for Enterprise equal to the cost of the highest estimate received ($115,000.00). Enterprise has now responded with a reimbursement request of $254,100.00. The basis for the higher cost is that Enterprise wants to increase the depth of the pipeline below the drainage channel and entrance roadway requiring adjustment of 1,000 linear feet of pipeline. The additional cost of $139,100.00 plus 15% contractor markup totals $159,965.00. The Landfill Permit issued by TCEQ requires drainage to be complete prior to accepting any waste or opening the landfill. PRIOR COUNCIL ACTION: The most recent actions to initiate actual construction of Cefe Valenzuela Landfill have been: July 15, 2003 - Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of: • $16,000.000 for preliminary engineering; and • $900,000.00 for construction December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 for engineering services with Shiner, Moseley & Associates, Inc. in the amount of $222,000 for the finalization of plans for Cefe F. Valenzuela Landfill. January 25, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $157,482.45 for the construction of a proposed drainage culvert on FM 70 to serve Cefe Valenzuela Landfill. March 29, 2005 - Approval of the FY2004 Capital Budget, Ordinance No. 022188. August 30, 2005 — a. Motion authorizing the City Manager, or his designee, to execute a construction H \HOME\KEVINS\GENILANDFILL1Valenzuela\CO1 BkgExhA.doc Exhibit "A" Page 1 of 2 contract in the amount of $14,875,294.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-308). b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $283,059.50 with Kleinfelder of Corpus Christi, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-309). October 25, 2005 - Motion authorizing the City Manager, or his designee, to approve an aid to construction in the amount of $196,540.00 with Nueces Electric Cooperative to extend electrical power to the Cefe F. Valenzuela Landfill Site Development Project (M2005-370). FUTURE COUNCIL ACTION: Award of contracts for Cefe Valenzuela Landfill including: • Award of any necessary change orders; • Award of pipeline adjustment contract to Duke Energy (company prefers to deal directly with City of Corpus Christi); • Design and construction of future disposal cells. PROJECT DESCRIPTION: The change order will result in replacement of 1,000 I.f. of new twelve inch (12") pipe to a greater depth to accommodate Channel C and entrance roadway. FUNDING: Funding is available from the Sanitary Landfill 2004 CIP Fund. H HOMEXEVINS\GEN\ANDFILL\Valenzuela\COlBkgExhA.doc Exhibit "A" Page 2 of 2 E Enterprise Products November 21. 2005 John Parker Longhorn Excavators. Inc. 8653 PM 2759 Richmond, TX 77469 N11V 2 K 7 P C Box 4324 Houston, TOxas 77210 3324 113.880.6500 >.. North LOOP Wem =1ouaton. Texaa 77008-1044 www.eDDIp com RE (efe Valenzuela Land Fill — lowering of 12" Mobil David -Yearly Lateral FX 150-9C) )ear Mr Parker Enclosed please find two originals of the Reimbursement Agreement for the lowering of approximately 1000 feet of the 12" Mobil David -Yearly Lateral across the proposed Ccfe Valenzuela Land Fill please have one copy signed and returned to my attention in the enclosed envelope. Before any work can begin, the estimated payment of $254.100.00 must be received in -'1ur office Shuuid you have any questions, please rnntact me at (713) 880-6959 or via e-mail at staylor@,eprod.com. Sicerely, S dy Taylor ncroachments Coordinator Enterprise Products Operating LP Enclosures ENTERPRISE PRnr" Ir" DA D7'1"S ocNTt000icc °4ODUCTS GP, LLC GENERAL PARTNER ENTERPRISE IG F: C d ri a1Q/,';' IT � "'l2ODUCTS OLPGP INC. GENERAL PARTNER Exhibit B Page 1 of 4 REIMr3URSEMENT AGREEMENT his Reimbursement Agreement ("Agreement") is made and entered Into and effective this _ day of 2005. by and between Enterprise Texas Pipeline, L.P., a Delaware limited partnership hereinafter referred to as ("ENTERPRISE"). and t. )nghom Excavators, Inc., on behalf of the City o1 Corpus Christi, Texas, hereinafter referred to as ('LONGHORN'). • WITNESSETH: WHEREAS, ENTERPRISE Is the owner of certain pipelines and appurtenances, (herein called Fadlltles) and the right for future Facilities by virtue of easements covering Jraet of land beIng,S,ecllans Numbers 22 and 41, Laureles Farm Subdivision El Rlncon De torous Christi Flamnn Da Ynolosa Survey,Ak$traot 411 Nueces County, Teaas, and WHEREAS, LONGHORN desires to _._ develop trte_Q@Le F. Valenzuela Landfill enterancelr?ad and Channel C , hereinafter referred to as the "Project": wHEREAS, to accommodate the Project LONGHORN desires ENTERPRISE to perform certain facllily modification work herein -warred lc as the -Work' and described as follows'. Relocate 1000 feet +/• 12" plpe, 0.250" W.T., Gr. X-52 to a deeper depth to accommodate construction of Channel Cr es 'epresented on Drawing No. SLF•100.2, Sheet G-4 of 8, attached as Exhibit B WHEREAS ENTERPRISE, under the terms hereinafter stated. Is willing to evaluate the Project and to perform certain modification Work to Its Facilities to accommodate the Project, provided the LONGHORN reimburses ENTERPRISE for 100% of its actual costs, both direct and Indirect, of doing the Work NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, ENTERPRISE agrees to perform the WofK and permit the Project subject to the following terms end provisions. LONGHORN agrees that the description of the Work In contains a complete representation of the Work requested of ENTENPIII.SE 10 accommodate the Project • ONGHORN shall, at Its own expense. Inspect the Work by ENTERPRISE hereunder to assure itself Inat the Work is being penormed in compliance with the needs of LONGHORN. LONGHORN agrees to bear 100% of all direct end Indirect costs Incurred by ENTERPRISE and relating to the Work by ENTERP,R)SE hereunder, including, but not limited to. labor, materials construction damages, administrative overhead, taxes and legal tees relating to the engineering and modification of the Facilities to accommodate the Project. LONGHORN recognizes that ENTERPRISE may use one or more contractors to perform the Work 'he cost of the Work is estimated to be Two Hundred Fifty Four Thousand One Hundred and 00/100 Dollars ($254,100.00) as set forth on the attached Order of Magnitude Project Estimate Final actual costs may be more or less than such estimate, which shell not be construed as a limitation of costa for suoh Work Wllhin 180 days following the completion of the Work. ,faNTERPRI,F shall make ar accounting of final costs and provide Tracts TX -150.9C 4 (R 121 048 K12) Face 'r 7 `:me De: Page 1 of 2 Exhifrki Page 2 ..f ..ONGHORN an Invoice of the same. The final cost may be greater or less than the estimate, and LONGHORN shall be liable -o ENTERPRISE for 100% of the final Cost. regardless of whether that amount exceeds the estimate. LONGHORN shall pay the full amount before any work begins. _ONGHORN shall perform all operations and construction activity above or adjacent to the Facilities in a workmanlike and sate manner and in conformance with all applicable ndustry and governmental standards and conditions that may be imposed by ENTF.?PRISE ' rom time to ;ime No construction activity by LONGHORN shall be performed over, across, or adjacent to the =acilltles until the Work of ENTERPRISE has been compleleo ,ONGHORN agrees that any ROW fence posts and guardrail posts LONGHORN may need to be installed along the new road -ight of way boundary In the vicinity of where they Cross ENTERPRISE'S Facilities shall not be installed within 3 feet of ENTERPRISE'S Facilities. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to ENTERPRISE by LONGHORN, at least 48 hours in advance of commencement of any construction activity on or adjacent to the Facilities, excepting only cases 01 emergency. Said notice shall be given to Texas One•Call 140o-245-4545. In the event LONGHORN breaches any of the terms, covenants or provisions of this Agreement, or the easements of ENTERPRISE and ENTERPRISE commences litigation to enforce any provisions of this Agreement or of the aforesaid easements. the cost of attorneys' fees, Interest and the attendant expenses will oe payable to ENTERPRISE by LONGHORN upon demand o the fullest extent permitted by law, the LONGHORN shell indemnify. save, hold harmless, end al ENTERPRISE's option, defend ENTERPt1$E and Its affiliated companies and their directors, officers, employees and agents from any and all claims, demands, cost (including reasonable attorney and expert witness fees and court costs), expenses, losses, causes of action ;whether al law or In equity), fines, civil penalties, and administrative proceedings for Injury or death to persons or damage or foss to property or other business losses. including those made or Incurred by ENTERPRISE or Its directors, officers, employeeso' agents ano including environmental damage -n any way arising from or connected with the existence, .:;onstrUCtlOn, operation, maintenance. removal or other operations ensing out of the Work as described in this Agreement end 'he ,_onstructron operatlor and/or use of the Project by LONGHORN, except those arising from ENTERPRISE'S sole regugence It la expressly understood by the parties hereto Thal ENTERPRISE is not abandoning any right, title or Interest it may have in the above described land ibis Agreement supersedes every antecedent or concurrent oral and/or written declaration and/or understanding pertaining to the Work or construction activity by and between ENTERPRISE and LONGHORN. N WITNESS WHEREOF, we have hereunto set our hands on the day and year below. ENTERPRISE TEXAS PIPELINE LP LONGHORN EXCAVATORS, INC. By. Enterprise Holding III, LLC Its General Partner /7 N By BY— -.A4– i Title Cert Richardson, Agent and Attorney -in -Fact Date / , / 4'1/ CSS Date Tracts TX•150.9C 4 (R '21 048 K12) �e �ed Page 2 of 2 �xtt-PagE. Pf � N DETAIL OF ESTIMATED COSTS Revision 0 PROJECT: CEFE Valenzuela Land Fill Site • Corpus Christi ENCege.oftlicer re0JCCTeaa01 ad/tf 1f, f'lisleCnVYnN/f1.Mr/-CepWCalnrlalCM,1tryfa GN, Mona* RG TOM iiC iaww,.nc _ QUANTITY UNIT cosT 2005 ^ QTY I UNITS COST j UNITS TOTAL I. ENGINEERING, PROJ. MGT. A Proj. Mgt, Engr.. Drafting, Pur:h. 15 00% 5216,500 Basis $32,500 B. Administrative Lot 55,000 / Lot $5,000 TOTAL 1 - $37,500 u RAW: LABOR TO ACQUIRE & PURCHASE COST A Labor 10 determine ownership & 10 negotiate for extra work space 40 hours $85 / hour 53,400 B Labor & lees t0 obtain permits 40 hours $135 / hour $3,400 C Right of Way payment for extra work space 5.0 Acre $500 / Acre $2,500 D FIeld survey - preliminary 5 Days $1,000 / Crew -Day 55,000 TOTAL Ir 514,300 111. ENVIRONMENTAL - A tabor to determine potential environmental impacts .nclutfing wetlands Issues 20 hours $60 / hour $1,600 TOTAL III $1,600 IV MATERIALS - A- Pipeline & Tie -Ins 12 Pipe 0.250' W.T . Gr X-52 1,000 Feet 520.00 / Foot 520000 FBE Coating tor pipe 1,000 Feet 55.00 / Foot $5,000 }: Miscellaneous pipe Lot 51,000 / Lot 51,000 Weld fi I1nge, stud boils, gaskets Lot 51,000 / Lot 51,000 5 Heat induction bands w/ FBE coating 4 Each 52,500 / ESCh 510,000 n Cathodic protection 1 Each $500 / Each 5500 Marker signs 1 Lot $500 / Lot 5500 B. Freight on materials -' 5% Rate $38,000 Basis $1,900 Tex on materials 0 8% 8% Rate $37,500 Basis 53,000 "t Miscellaneous materials 0 5% 51h Rate $38,000 Basis 51,900 TOTAL IV $44.800 V. INSTALLATION A. Pipeline & Tia -Ins • kxtall 12' Pipe 1.000 lot $70 / lot 570,000 Mob/Demob Cost 1 lot 510,000 / lot 510,000 Misc. Welding lot $5,000 / lot $5,000 ' Install CP, Extra Coating, Etc. lot 51.000 /lot 31,000 `. Misc. paint, test leads . Fence, Gravel, etc. Lot 52,000 / Lot $2,000 e Remove old pipe Lot 52,000 / Lot .52,000 s. X Ray • 3 Days $1,560 /Crew-Oey 54,500 Field Sunray for As Butts 6 Days 51,500 / Crew-oey 59,000 :..Inspection r_=. Environmental 20 5.00% Days $500 588.000 /Crew -Day Beats 310.000 $4.400 TOTAL V 51179(30 VI. ENTERPRISE COST A. Overhead & Administrative costs Product/ Lot $28,000 / Lot $28.000 B Business loss Lol 510,000 / Lot $10,000 TOTAL VI 538,000 VII CONTINGENCY A Overall Project Conlingency TOTAL VII 0.00% of Basis 5254,100 Basis GRAND TOTAL 50 $254,100 NOTES Installation (V - A.1 Ihru V - A.8) = 590.000 2 No contingency Is Included In this estimate 3 Actual costs will be reimbursed. Race of l.{ Exhibit B Page 4 of 4 Cefe Valenzuela Landfill Site Development Preliminary Project Budget December 13, 2005 FUNDS AVAILABLE: Public Health and Safety 2004 CIP Funds $ 2,000,000.00 Public Health and Safety 2005 CIP Funds.,.._ $14,625,000.00 Total. $16,625,000.00 FUNDS REQUIRED: Construction Contract .. $14,875,294.00 Project Contingency (2.8%). ... $ 421,260.50 Change Order No. 1 ... $ 159,965.00 Change Order No. 2 .. $ (40,250.00) Electrical Service Construction. $ 196,540.00 Duke Energy Pipeline.. .. $ 32,011.00 QA/QC Testing Contract . .. $ 283,059.50 Engineering Design/Permit (previously contracted) $ -0- Construction Phase Services...... $ 647,120.00 Survey (in NE contract) _ _ $ -0- Engineering Project Liaison $ 22,000.00 Incidental Expenses (Printing, Advertising, etc.). $ 28,000.00 TOTAL $16,625,000.00 Variance $ -0- EXHIBIT "C" Page 1 of 1 H \HOMEIKEVINS\GEN\LANDFILL\Valenzuela\CO1 BudgetExhC.doc. AGNES S CORPUS CHRISTI INTERNATIONAL AIRPORT J.C. ELLIOTT LANDFILL CABANISS FIELD F.M. 665 FM 2444 FM 2444 CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATION MAP NOT TO SCALE PROJECT # 5186 EXHIBIT "D" CEFE F. VALENZUELA LANDFILL PIPELINE ADJUSTMENTS (Change Order No. 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/06/2005 13 AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Cefe Valenzuela Landfill — Pipeline Adjustments (Project 5186) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to authorize payment for adjustment of an eight (8") pipeline in the amount of $32,011.00 with Duke Energy, Inc., of Charlotte, North Carolina for the Cefe F. Valenzuela Landfill Site Development Project. ISSUE: The pipeline company requested to deal directly with the City of Corpus Christi rather than the City's contractor. RECOMMENDATION: Approval of the motion as presented. /z/ oma Ange . Escobar, P.E. Dire for of Engineering Services Attachments: a. Additional Information b. Reimbursement Letter/Costs c. Preliminary Budget d. Site Map H:\HOME KEVINS\GEN\LANDFILL\Valenzuela\AwdDukeEnergyMemo.doc ADDITIONAL INFORMATION BACKGROUND: A total of six pipelines were identified during design that must be adjusted to accommodate the storm water drainage channel being constructed as part of Cefe Valenzuela Landfill. Each of the pipeline companies were supplied with copies of plans, and asked to provide a preliminary pipeline adjustment cost to lower their pipeline below the drainage channel. That cost plus fifteen percent (15%) was included as an allowance in the bid documents. The addition fifteen percent (15%) was compensation to the contractor for dealing with and managing the pipeline of adjustment. Duke Energy requested to deal directly with the City of Corpus Christi rather than the contractor. Duke Energy has provided a final adjustment cost of $32,011.00. This is less than the allowance in the contract documents for Longhorn Excavators. The allowance for the adjustment of the Duke Energy pipeline is being deducted from the contract with Longhorn Excavators. A change order deducting $40,250.00 from the construction contract for Cefe Valenzuela Landfill is in process. The Landfill Permit issued by TCEQ requires drainage to be complete prior to accepting any waste or opening the landfill. PRIOR COUNCIL ACTION: The most recent actions to initiate actual construction of Cefe Valenzuela Landfill have been July 15, 2003 - Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of • $16,000.000 for preliminary engineering; and • $900,000.00 for construction December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 for engineering services with Shiner, Moseley & Associates, Inc. in the amount of $222,000 for the finalization of plans for Cefe F. Valenzuela Landfill. January 25, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $157,482.45 for the construction of a proposed drainage culvert on FM 70 to serve Cefe Valenzuela Landfill. March 29, 2005 - Approval of the FY2004 Capital Budget, Ordinance No. 022188. August 30, 2005 — a. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $14,875,294.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-308). Exhibit "A" Page 1 of 2 r+\HOME\KE VINS\GE N\LANDFILL\Valenzuela\AwdDukeEnergyBkgExhA,doc b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $283,059.50 with Kleinfelder of Corpus Christi, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005-309). October 25, 2005 - Motion authorizing the City Manager, or his designee, to approve an aid to construction in the amount of $196,540.00 with Nueces Electric Cooperative to extend electrical power to the Cefe F. Valenzuela Landfill Site Development Project (M2005-370). FUTURE COUNCIL ACTION: Award of contracts for Cefe Valenzuela Landfill including: • Award of any necessary change orders; • Design and construction of future disposal cells. PROJECT DESCRIPTION: The change order will result in replacement of 800 I.f. of new eight inch (8") pipe to a greater depth to accommodate Channel C and entrance roadway. FUNDING: Funding is available from the Sanitary Landfill 2004 CIP Fund. Exhibit "A" Page 2 of 2 HAHOME\KEVINS\GEN\LANDFILL\Valenzuela\AwdDukeEnergyBkgExhA.doc BUTLER RESOURCES, INC. 14633 Sweetwater Creek Corpus Christi, Texas 78410-5637 Office: (361) 387-0850 Fax: (361) 387-2313 December 5, 2005 Mr. Kevin Stowers City of Corpus Christi Engineering Department P. O Box 9277 Corpus Christi, Texas 78469-9277 RE Duke Energy Field Services, LP Project Cost Estimate DTIP System City of Corpus Christi Landfill Nueces County, Texas Dear Mr. Stowers In accordance with our recent conversation, enclosed please find a Project Cost Estimate, a copy of which was previously furnished to your office. Please have the City of Corpus Christi issue a check in the amount of $32,011.00 made payable to Duke Energy Field Services, LP, and mail it to me at the above address. Upon Duke's receipt of the check, arrangements for the lowering of the pipeline to a depth of sixty inches (60") will begin. You may contact me at this office if any additional information is needed or if I may be of any assistance. Sincerely, Patrick R. Butler Agent for Duke Energy Field Services, LP Enc cc: Mr. Nick McMillan (No Enc.) Mr. Ray Guajardo (No Enc.) Exhibit B Page 1 of 2 PRoJECT OST ESTIMATE - DUKE EMER l Ri IA S ni 1 I 09 71111') PROJECT DESCRIPTION: Lowering!Recoating 800 feet East Corpus Christi Lateral / Landfill project PIPELINE SIZE/GRADE: 8.625" x .219" x Gr."B" µ REQUESTED BY. ESTIMATED BY: REVIEWED BY: COUNTY: Nueces STATE: Texas SYSTEM: E.C.C. Lateral QUANTITY tat„ $IUNlr DISSOIPTION TOTAL COST 480 RODS $ - PIPELINE R 0 W $ 3 DAYS $ ROW ACQUISITION $ - 0 DAYS $ - SURVEY $ _ 0 $ - $ 800 FEET $ 5 PIPELINE CONSTRUCTION $ 4,126 1 $ - ONE TIE-IN / PL CROSSING $ - 800 FEET $ 9 8.625" X .219 X x42 ERW /FBE $ 7,426 0 $ - SWPP SURVEY / DISTURB $ - 17 8 MILES $ 767 LOST REVENUE TO BLOWDOWN 2.0 MCF41$7 $ 13,650 0 TRUCK LOAD $ PIPE HAULING $ - 0 8.625" $ CANUSA SHRINK SLEEVES $ - 0 CASE $ - TRENTON #1 WAX TAPE & WAX PRIMER $ DAYS $ 800 X-RAY $ 800 DAYS $ 1,100 HYDRO -TEST PIPELINE $ 1,100 0 DAYS $ - INSPECTION $ - 0 DAYS $ - COMPANY LABOR $ - ' $ 2,000 FITTINGS $ 2,000 0 $ - TOTAL FLOW W/ COMM. PKG. $ 0 $ - GAS ANALYSIS EQUIPMENT $ - 0 $ - SOR PRESSURE TRANSMITTER $ - 0 $ 6" ANSI 600 DANIEL SR. METER TUBE $ _ 0 $ MEASUREMENT INSTALL HARDWARE $ - 0 $ RELIEF VALVE $ - 0 $ 6" ANSI 600 RF FP SWING CHECK VALVE $ o $ 6" ANSI 600 RF FP TRUNION BALL VALVE W/OP $ - 0 $ 2' ANSI 600 RF FP BALL VALVE $ - 0 $ $ 0 $ FITTINGS $ - 0 DAYS $ - SITE WORK (caliche,build/set guard,etc.) $ _ 0 DAYS $ - PAINTING $ _ SIDS TOTAL. $ 29,101 ' 2,910 IAC,i'a _$ $ 32011 Exhibit B Page 2of2 Cefe Valenzuela Landfill Site Development Preliminary Project Budget December 13, 2005 FUNDS AVAILABLE: Public Health and Safety 2004 CIP Funds. $ 2,000,000.00 Public Health and Safety 2005 CIP Funds $14,625,000.00 Total. ... $16,625,000.00 FUNDS REQUIRED: Construction Contract _ $14,875,294.00 Project Contingency (2.8%). $ 421,260.50 Change Order No 1 ... _... $ 159,965.00 Change Order No. 2 $ (40,250.00) Electrical Service Construction. _ $ 196,540.00 Duke Energy Pipeline....... $ 32,011.00 QA/QC Testing Contract $ 283,059.50 Engineering Design/Permit (previously contracted) $ -0- Construction Phase Services.. . _ _ $ 647,120.00 Survey (in NE contract) ... $ -0- Engineering Project Liaison $ 22,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 TOTAL \HOME\KEVINS\GEN\LANDFILL\Valenzuela\CO1 BudgetExhC.doc $16,625,000.00 Variance $ -0- EXHIBIT "C" Page 1 of 1 xOf Ounalexhibits Vexh5186.dwg CORPUS CHRISTI INTERNATIONAL AIRPORT J.C. ELLIOTT LANDFILL CABANISS FIELD F.M. 665 FM 2444 FM 2444 CEFE F. VALENZUELA MUNICIPAL LANDFILL NOT TO SCALE PROJECT # 5186 EXHIBIT "D" CEFE F. VALENZUELA LANDFILL -PIPELINE ADJUSTMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/07/2005 14 AGENDA MEMORANDUM December 13, 2005 SUBJECT: Water Department Buildings — Condition Survey AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Chuck Anastos Associates, Inc., of Corpus Christi, Texas in the amount of $5.000.00 for a total contract amount of $30,000.00 for the Water Department Buildings Architectural Condition Survey. ISSUE: The original administrative contract provided for a condition assessment of 43 buildings. An additional 16 buildings were added to the assessment at O.N. Stevens Water Treatment Plant Council approval is required when the total expenditure exceeds $25,000.00. FUNDING: Funding is available from the FY2005-2006 Water Department Budget. RECOMMENDATION: Approval of the motion as presented. Eduardo Gar Director �y lLAo� E. a..661.-k.,.-E- a -Gs,-k...Eaervices Attachments Exhibit A: Background Exhibit B. Summary of Contract 4scobar, P. E. rector of Engineering Services Page 1 of 1 H HOMEWEVINSIGENIWATER\2005BUILDINGSWEAMD1MEMO.DOC BACKGROUND INFORMATION SUBJECT: Water Department Building Condition Survey (Project No. 8531) ADDITIONAL INFORMATION: The Water Department with Facility Management initiated a program to improve building maintenance The first phase of the program was to conduct a building condition survey. The survey is designed to identify and prioritize building maintenance for the Department's buildings. The original survey called for assessment of a total of forty-three buildings. The buildings and facilities consisted of: • 31 buildings at O.N. Stevens Water Treatment Plant; • four (4) pump station buildings; • six (6) raw water pump station buildings; and • two (2) Water Department Buildings. During the course of the survey, it was requested that the survey be expanded to address an additional sixteen (16) buildings at the Treatment Plant, The project architect completed a condition assessment of the additional buildings and has requested an additional fee of $5,000.00. Review indicates that the additional fee is warranted, but Council approval is required when the total expenditure becomes greater than $25,000. The ratification and amendment causes the total contract fee to increase to $30,000.00. CONTRACT DESCRIPTION: A contract summary is attached. See Exhibit B. Exhibit A Page 1 of 1 H:\HOME\KEVINS\GEN\WATER\2005Buildings\AEAMD1 BkgExhA.doc Contract Summary Amendment No. 1 increase the number of buildings to be surveyed at O.N. Stevens Water Treatment Plant from 31 to 47 Coverall building increase from 43 to 59). Not to exceed additional fee for Amendment No. 1 is $5,000.00. Original Contract Phase 1 (Services to be provided in FY 2004 / 2005): 1. The field survey of individual Water Department buildings located throughout the City and neighboring communities. The visual survey shall include gathering information on site work and paving; structural system; building envelope (excluding roofing system); general interior finishes; HVAC system; plumbing system; electrical system; and life safety system. Photographs will be taken of each building. Please refer to Attachment #1- List of Specific Buildings, Phase 1. 2. We will determine if an asbestos abatement survey has been performed and if TAS / ADA accessibility issues have been reviewed. This information will be provided by the City. There will be no detailed analysis of any facility for TAS / ADA compliance. We shall rely on the data provided for this Project. 3, Prepare a Building Evaluation Table for each building. 4 Transfer data into Anticipated Capital Expenses report and estimate current and future anticipated maintenance costs. 1 Submittal "A" Phase- Forty Percent (40%): • Establish final documentation format; • Verify facilities to be included; • Field survey approximately 20% of the listed building sites; • Photograph the listed buildings to document existing conditions; and • Meet with City staff as required. 2 Submittal "B" Phase- Forty Percent (40%): • Field survey remaining facilities; • Photograph remaining buildings to document existing conditions; • Produce a complete preliminary Building Evaluation Table; and • Meet with City staff as required. 3 Submittal "C" Phase Twenty Percent (20%): • Prepare the final Building Evaluation Table for the listed buildings; • Prepare the Anticipated Capital Expense Report and estimate current and future anticipated maintenance costs for the listed buildings; and • Meet with City staff as required. 4 Deliverables: • The Architect shall deliver two (2)- CD's with all information in required City format to the City Facilities Architect at each submittal. • The Architect shall deliver one (1)- reproducible copy of the final documents in the required City format to the City Facilities Architect. Compensation for the above-described services shall be as follows: 1 Phase 1 (FY 2004 — 2005) - Compensation shall be a flat fee of Twenty Five Thousand Dollars ($25,000.00). Exhibit B Page 1 of 2 ATTACHMENT #1 - ORIGINAL CONTRACT LIST OF SPECIFIC BUILDINGS Phase 1 Scope: ON Stevens Water Treatment Plant 1. Filter Building 2. Laboratory Building 3. Pump Chemical Building #1 4. Clear Well #1 5. Clear Well #2 6. Ammonia Building 7. Pre -Sediment Air Blower Building 8. Air Blower Pre -Sediment Building 9. Caustic Soda Pump Facility 10. Raw Water Meter Vaults 11. Liquid Alum Sulphite Facility- West 12. Chlorine Unloading Facility 13. Alternate Power Supply Building 14. Power Control Room (PCR) -East 15. Chlorine Dioxide Generator Bldg 16. Chlorine Tank Cylinder Facility 17 Chlorine Sump Facility 18. Pump Building #2 19 Liquid Alum Sulphite Facility- East 20. Liquid Aluminum Sulphite Facility 21. Diesel Fuel Storage Tanks #2 at Power Supply Project 22. Filter Building #1 23. Chemical Building 24. Electrical Building 25. High Service Pump Building #1 26. Gas Measurement Building 27. Pump Building #2 28. Maintenance Building 29. NW Booster Building 30. Filter Plant Building Addition 31 Water Utilities Laboratory Pump Stations: 1 Caldwell Pump Station 2. Savage Lane Pump Station 3. Holly Road Pump Station 4. Padre Island Pump Station Raw Water Pump Station: 1. River Station Electrical Building 2. Filter Plant Building 3 Filter Plant Building #2 4. Filter Plant Building #3 5. Pump Building #1 6 Raw Water Pump Building #2 Water Utilities Building: 1 Water Utilities Office 2 Construction / SW Building 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 14025 Leopard Street 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 13101 Up River Road 78410 Ben Garza Park 78368 302 N. Navigation Boulevard 78408 4917 Holly Road 78411 (address needed) Padre Island 78418 13801 Smith Drive 78410 13801 Smith Drive 78410 13801 Smith Drive 78410 13801 Smith Drive 78410 13741 Smith Drive 78410 13741 Smith Drive 78410 5252 Ayers Street 78415 5352 Ayers Street 78415 Exhibit B Page 2 of 2 15 AGENDA MEMORANDUM DATE: December 13, 2005 SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 13 in the amount of $240,710.27 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. ISSUE: The Advanced Funding Agreement requires the City to pay for project overruns. The increase in cost is for work on Alameda Street. FUNDING: Funding is available in the Street CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. r"- 'Arel'R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" TXDOT Request for Additional Funding Exhibit "C" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Sidewalk Accessibility Improvements Project No. 6151 PRIOR COUNCIL ACTION: November 14, 2000 — Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2, June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). August 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). 4 November 20, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $240,900 for construction of barrier free ramps and sidewalks at selected street intersections associated with the Sidewalk Accessibility Improvements project. 5. August 23, 2005 - Ordinance appropriating $26,557.92 from interest earnings into the Street 2001 CIP Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $26,557.92; and declaring an emergency. 6 August 23, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 10 in the amount of $217,058.97 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 —Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. Exhibit A Page 1 of 2 January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. March 22, 2005 — a. Ordinance appropriating $3,682.45 from interest eamings into the Street 1995 B CIP Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,682.45; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $216,355.10 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. FUTURE COUNCIL ACTION: Additional increases in escrow funds may be necessary as project proceeds to completion. PROJECT DESCRIPTION: This program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP). The selected street sections include, in order of priority: • Alameda Street from Louisiana Parkway to Doddridge; • Santa Fe Street from Doddridge to Robert Street; and • Weber Road from South Staples to South Padre Island Drive. CHANGE ORDER DESCRIPTION: The Change Order addresses additional quantities of bid items that were modified to address field conditions. The items include increases in the amount of square yards and linear feet of removed curb and gutter, removal of driveways, cut and restoration of pavement, replacement driveways, concrete sidewalks, curb ramps and landings. Much of the work was necessary to restore improvements that were not identified on the plans such as irrigation systems and sodding. Some of the changes were necessary to allow residents to access driveways without bottoming out on the street. The changes also ensured the finished product was satisfactory to the residents. Approval of the change order is necessary to pay the contractor before they progress to the next phase. Exhibit A Page 2 of 2 Ar Texas Department of Transportation P _ P',. �9^7 '.��..-•.s '}ii ls! .. Texas '9468-9907 361 808-2500 - Fax (3611808-2320 November 4 2005 Mr. Angel R Escobar, P.E. Director of Engineering Services P O Box 9277 Corpus Christi, Texas 78469-9277 Project. STP 2000(128)MM Control. 0916-35-072 Highway: S. Alameda St., Santa Fe St., Weber Rd County: Nueces RE: CHANGE ORDER #13 - Alameda St. Project Overruns Dear Mr Escobar Be advised that, in agreement with City of Corpus Christi representatives, project quantities on Alameda Street have been overrun due to miscellaneous differences in field conditions, errors in the plans, additional work desired by the City, and for public relations improvements. This project is divided into three (3) separate locations of work; Alameda Street is now 50% complete. At this time, the Texas Department of Transportation (TxDOT) requests that these overruns be addressed so that work at the remaining locations can continue with funding. Enclosed with this letter is an Advanced Funding Agreement (Third Party Funding) that requests payment for Change Order #13. Change Order #13 is being executed to adjust overrun and projected overrun quantities of work done at Alameda Street Also included with this funding request is a colored set of plan sheets that illustrate the overrun locations. The additional work adjustments have resulted in an overrun of funds in the amount of $219,826.73 (not including E&C costs). This work is being done to meet the Americans with Disabilities Act of 1977 This work is 100% City -financed. Please sign and return the Advanced Funding Agreement (Third Party Funding) Information if you concur with the change order prices and assessments. Please forward the check in the AFA amount to Pete Stricken P E the District Plan and Design Engineer at 1701 S. Padre Island Dr., Corpus Christi, TX 78416. If you have any questions regarding this matter, please feel free to call Robert Isassi at (361)808- 2208 or (361)533-6257 or myself at (361)808-2261. Sincerely, Robert G. Isassi Engineering Assistant Corpus Christi Area Office MCH:rgi Attachments CC: Jose Gaytan, P.E. - Director of Construction, TxDOT Corpus Christi District Guadalupe L. Rocha - Project Manager, City Of Corpus Christi Arturo Casillas. C.E.O - Nuway International, Inc. 4n Equal Opportunity Employer TEXAS DEPARTMENT OF TRANSPORTATION CHANGE ORDER NUMBER: 13 Advance Funding Agreement (Third Party Funding) Information This form is used when the subject change order involves funding by a source other than TxDOT/U.S. DOT. 1utside funding provided by City of Corpus Christi futside Entity's Legal Namei 2 rype of outside funding agreement for this change: [ Check one [ _ Existing ❑ Amended ❑ New 3. +ndicate the type and amount of funding: [j Fixed Price (Lump Su (Estimated Amount: ['_i Actual Cost (a) Contract Items (Bid Items): $219,826.73 it)) E&C' (aI x 9.50% [enter %)_ $20,883.54 Indirect Cost** (a+b) x TOTAL [enter °dot= $0.00 $240,710.27 CCSJ: 0916-35-072 Project: STP 2000(128) MM Highway: Alameda, Santa Fe, County: Nueces District: CRP Contract Number: 9163572 Use as needed: I hereby approve the modifications covered by Form CO for this Change Order and agree to finance the additional costs, if any, as reflected by this form. Advance Funding By Date Type/Printed Name Typed/Printed Title The percentage (%) for E&C (Engineering and Contingencies) charges varies from project to project from approximately 6% to 11% depending on the contract amount of the project. Projects with higher contract amount will have the lower rate of E&C charge. For a specific project, E&C rate (%) can be derived from the cost of "Engineering and Contingencies" in the 'Estimated Cost" of the project. Use the statewide district rate as established by Finance Division each year. This line 3(c) is for Service Project only, unless otherwise specified in the Advance Funding Agreement. See Stand Alone Manual Notice 98-2 for instructions. Advance Funding for this Change Order has been arranged: District Engineer Date Typed/Printed Name: TXDOT Form CO-AFA 5-98R Mprojec t'.,_ouncrrext b is \exh5 ! 51 A. dwg CORPUS CHRISTI BAY PROJECT LOCATION PROJECT No. 6151 LOCATION MAP NOT TO SCALE EXHIBIT "C" SIDEWALK ACCESSIBILITY IMPROVEMENTS ALAMEDA ST FROM LOUISIANA PKWY TO DODDRIDGE ST CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE:12/07/2005 - - 16 CITY COUNCIL AGENDA MEMORANDUM December 13, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Bryan L. Holmes, Manager of Nueces Real Estate Management Company, LLC, as General Partner of Nueces Real Estate Partnership, LP in the amount of $73,535 plus $1,500 in closing costs, for the purchase of fee simple property rights to 2 101 acres out of Lot 1, Section 11, Bohemian Colony Lands, located southwest of Saratoga Blvd. between Everhart Road and Sanders Drive in connection with the Club Estates Channel Improvement, Phase 2, Project (#2238) and for other municipal purposes. ISSUE: The acquisition of additional drainage right-of-way is necessary for the second phase of the Club Estates Channel Improvement Project. The current width of the channel is 90 feet and contains steep banks making maintenance difficult. The proposed width of 170 feet will allow the City to widen the steep -sloped ditch thus providing additional drainage capacity, easier maintenance capability and improved access on each side. The City has negotiated an agreed settlement for acquisition in the amount of $73,535 plus closing costs estimated at $1,500. City Council approval is required on all land acquisition which exceeds $25,000. FUNDING: Stormwater CIP 5507-4525-00000-160610 Amount Requested: $75,035.00 RECOMMENDATION: Approval of the motion as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Parcel Map Contract Summary //P/6S'" ngel R. Escobar, P. E. Director of Engineering Services H:\HOME\EUSEBIOG\GEMAgenda Items\Club Estates Drainage.RESC\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Club Estates Channel Improvement Project, Phase 2 (#2238) Nueces Real Estate Management Co., 2.101 acres PRIOR COUNCIL ACTION: February 10, 2004 — Approval of the Capital Improvement Program FY 2003- 2004. (Ordinance No. 025647) March 2, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 with J.R. Thompson, P.E. for a total fee not to exceed $35,850 for Club Estates Channel Improvements, Phase 1. (Motion No. M2004-080) April 27, 2004 — Motion authorizing the City Manager, or his designee, to award a construction contract to Ramos Industries of Pasadena, Texas in the amount of $996,780 for Club Estates Channel Improvements, Phase 1, (M2004-172). May 31, 2005 - Resolution recognizing the public necessity of acquiring fee simple title to a tract of land containing 2.286 acres out of the Enriquez Villareal Survey A-1, also being out of Section 11, Bohemian Colony Lands, from the owners of record being the Estate of Paul Snyder, Deceased and the Frances Snyder Trust., for the construction of drainage improvements in connection with the Club Estates Channel Improvement Project, Phase 2 (#2238) and other municipal purposes, and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi in acquiring the property. (Resolution No. 026287) PRIOR ADMINISTRATIVE ACTION: May 22, 2003 — Executed Small Agreement for Architect/Engineer Consultant Services with J.R. Thompson, P.E., in the amount of $5,400 for the Club Estates Channel Drainage Study. February 13, 2004 — Executed Amendment No. to the Small Agreement for Architect/Engineer Consultant Services with J.R. Thompson, P.E. in the amount of $19,400, for a total of re -stated fee of $24,800. PROJECT BACKGROUND: This drainage project provides for various channel improvements to the Club Estates Channel facility which extends from the Schanen Channel to Everhart Road. Phase 1 of the project, Schanen Channel to Sanders Dr., has been completed. In this narrow 90 -foot right of way, the slopes were very steep making it difficult to properly maintain the channel. The sides were prone to erosion and slope failures. In this phase, widening of the channel was not an option due to residential development to the north side of the channel and the Dawson Elementary School playground on the south side. The open channel was then eliminated and replaced by an underground box culvert system. EXHIBIT A 1 of 2 The upcoming Phase 2 will include improvements to the next 2,000 linear foot of open channel between Sanders Drive and Everhart Road. The City will acquire 2.101 acres of land in fee simple in order to construct the channel improvements. The new proposed width of 170 feet will allow the City to widen the steep -sloped channel thus providing additional drainage capacity, easier maintenance capability and improved access on each side_ Parcel Description: The City will be acquiring a strip of land seventy eight (78) feet wide between Sanders Drive and Everhart Road as shown on the attached Exhibit B. The City has obtained an appraisal from Sidney H. Smith, dba American Appraisers, Inc. in the amount of $73,535 for the 2.101 acres of land. This property is currently zoned R1 -B, Single Family Residential, however a zoning change to commercial and multi -family residence is currently in progress. City Land Acquisition staff has obtained an executed sales contract with Bryan Holmes, Manager of Nueces Real Estate Management Co. for $73,535. Per the landowner's request, the contract will be escrowed at Stewart Title of Corpus Christi located at 5656 S. Staples, Corpus Christi. This parcel completes the right- of-way acquisition for this drainage project. +\HOME\EUSEBIOG\GEN\Agenda Items\Club Estates Drainage.RESC\Background.doc EXHIBIT A 2 of 2 -e Mprojei..t ),Ilexhibfts \exhz236 dw PARCEL LOCATION LOCATION MAP NOT TO SCALE N COUNTRY CLUB ESTATES SUBD. / SUBJECT PARCEL 2.101 ac. 4 - 1 PROJECT # 2238 VICINITY MAP NOT TO SCALE EXHIBIT "B" CLUB ESTATES CHANNEL IMPROVEMENTS, PHASE 2 '04d CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-13 — 2005 ••••••••••••• CONTRACT SUMMARY Project #2238, Club Estates Channel Improvements, Phase 2 This Contract is entered into by Bryan L. Holmes, Manager of Nueces Real Estate Management Company, LLC, as General Partner of Nueces Real Estate Partnership, LP, 'SELLER", and the City of Corpus Christi, a Texas home rule municipal corporation, 1201 Leopard, Corpus Christi, Nueces County, Texas 78469-9277, "BUYER" Terms: Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: 2.101 acres out of Lot 1, Block 11, Bohemian Colony Lands, as recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas. Purchase Price - $73,535 in cash at closing. Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient Special Warranty Deed. All taxes to be paid by Seller, up to and including 2004. Taxes for 2005 will be prorated between Buyer and Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7 Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. Transaction to be closed on or before 30 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager within 30 days of the contract date. The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11 Time is of the essence in closing this transaction. H:\HOME\EUSEBIOG\GEN\Agenda Items\Club Estates Drainage.RESC\Contract Summary.doc 17 CITY COUNCIL AGENDA MEMORANDUM December 13, 2005 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Johnston Family Investments, Ltd., in the amount of $25,000 plus $1,000 in closing costs, for the purchase of fee simple property rights for Parcel 532, being all of Lot 8, Block 2, Kingswood Addition, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. ISSUE: Acquisition of the Southside Water Transmission Main is underway for Phase 5 as shown on Exhibit C. This phase will extend the water main from the Rodd Field Road/Yorktown Boulevard intersection southeasterly to the Laguna Madre at the end of Whiteley Street. On December 17, 2002, City Council approved an engineering services contract with Urban Engineering for permitting, design and acquisition of the required right- of-way consisting of thirty-seven parcels. Due to the narrow width of this residential lot and the substantial damage to the remainder, the City will be purchasing it in its entirety. Negotiations for this parcel have concluded and a real estate sales contract for $25,000 has been executed by the landowner. This parcel will require closing costs of approximately $1,000 for a total expenditure of $26,000. Contracts in excess of $25,000 require City Council approval. FUNDING: Water CIP 550701-4475-00000-180184 Amount Requested: $26,000.00 RECOMMENDATION: Approval of the motion as presented. tc2-ee r� - /2/025 ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Route Map Exhibit D. Parcel Location Map H:\HOME'ROBERTSA\GEN\Southside Water\Parcel 532\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phase 5 Acquisition of Parcel 532 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2. authorize the payment of any Special Commissioners' Awards exceeding $25,000 in connection with acquisition of any parcels acquired by condemnation in Phase 5. OVERVIEW: Proiect Background: The Council -approved 1997 Water Distribution System MasterPlan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phases 1 through 3 of the waterline have been constructed which extend the waterline from the O.N. Stevens Water Treatment plant to the South Staples Water Pumping Plant. Construction is near completion for Phases 4 and 4a which will extend the water transmission line from the South Staples plant to Holly Road. Parcel acquisition is currently in progress for Phase 5 as shown on the attached Exhibit C. There are 37 parcels required for this phase of the project. This is the 31st parcel to be acquired and six parcels remain to be acquired. Three of the parcels have been acquired by condemnation. Parcel Description: Parcel 532 consists of all of Lot 8, Block 2, Kingswood Addition as shown on the attached Exhibit D. The lot contains 11,056.61 square feet, is currently zoned R-2 "Multiple Dwelling District", and lies within the city limits of Corpus Christi. Thomas F. Dorsey, MAI, appraised the subject property in the total amount of $19,500 based on $1.75 per square foot. Parcel Negotiations: Right of Way Services, Inc. (ROWS), the City's acquisition agent, has concluded negotiations with the landowner and they have agreed on an administrative settlement of $25,000. It is in the best interest of the City to settle at this amount in order to avoid a delayed condemnation suit. At the request of the owner, the contract will be escrowed at San Jacinto Title Services located at 5926 S. Staples St., Corpus Christi. H-\HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Phase 5.Johnston\Background.doc EXHIBIT A PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 5 Acquisition of Parcel 532 September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) 2. September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). 3 December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). 4 June 16. 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). 5 September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). 6 September 9, 1998 — Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). 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 portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). 10 March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42 -inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16 -inch waterline near Country Creek (M99-079). 11 May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). 2 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). 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). EXHIBIT B 1 of 4 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 7 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). 8 April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 9 September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20 September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens 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 $28,291 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24 April 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25 April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26 June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and C (M2002-180) 26 December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 27 January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 28 November 11, 2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain EXHIBIT B 2 of 4 proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 29 March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) 30 April 13, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-141) 31 May 18, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-183) 32 June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other municipal purposes (Motion No. 2004-217) 33 August 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-321) 34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378) 35 December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes. (Motion No. 2004-464) 36 July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity of acquiring utility, right-of-way and construction easements for the Southside Water Transmission Main Project, Phases 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344) 37 July 26, 2005 - Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside EXHIBIT B 3 of 4 Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-243) 38. September 20, 2005 — Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Theodore Dimopoulos for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-330) 39 October 11, 2005 - Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Patricia Peterson Nuss and Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the acquisition of Parcel 501A in the total amount of $52,896.83, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and for other municipal purposes. (Motion No. 2005-346) 40 October 11, 2005 - Motion authorizing the City Manager or his designee to execute a Right of Way and Utility Easement instrument with Jonny Salomonsen and wife Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000, containing a Utility, Right of Way, and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 5, Project#8391, and for other municipal purposes. (Motion No. 2005-347) H \HOME\EIJSEBIOG\GEMAgenda Items\SS Water Trans.Phase 5.Johnston\Prior Council Action.doc EXHIBIT B 4 of 4 Z - 5`01-,' a-fr\ 4 08y dyd_ 0 O o V 5-.< J NEW ROUTE 3pIN70H H8 N100S Ntl9MO4 UNtlB 08 31ZN]N3N 08 1poi A .----, Hbua 3118011111n \ U S NIOM4AY ./ al j 0 1 HV921 Ntl11dVH1 _�- ..... PROJECT No. 8274,8389 & 8276 EXHIBIT "C" 421111 II� CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES DATE: 03/25/2004 PARCEL LOCATION LOCATION MAP NOT TO SCALE CITY PROJECT No. 8194 EXHIBIT "D" SOUTHSIDE WATER TRANSMISSION MAIN PHASE 5 (Parcel 532) ui r H Luk -L: Or< ST 7ETA_ CITY COUNCIL EXHIBIT 7EF.A RTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11-22-2005 18 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: December 13, 2005 AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a five-year Grazing Lease agreement with RWT Cattle Company for 92.538 acres of City property known as the Westside Landfill, located Carbon Plant Road and Hearn's Ferry Road, for cattle grazing and approving the rental fee of $1 per year and the construction of 3,755 linear feet of stock fence by the tenant, valued at $6,000, which will remain the property of the City at the end of the lease term and declaring an emergency. ISSUE: The City acquired a 92.538 acre tract in 1964 known as the Westside Landfill. This tract, located north of McKenzie Lane (also known as Hearn's Ferry Road) and west of Carbon Plant Road was used for landfill purposes until 1992. The land has is currently vacant and not used for any City purposes. Mr. Robert Thomas dba RWT Cattle Company has approached the City to use this land for grazing purposes. A lease has been negotiated which required City Council approval. FUNDING: None required. RECOMMENDATION: Approval of the ordinance as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Lease Summary Angel R. Escobar, P. E. Director of Engineering Services tWeic H \HOME\EUSEBIOG\GEN \Agenda items\Grazing Lease. RWT Cattle Co\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Westside Landfill Grazing Lease, 92.538 acres RWT Cattle Company, Tenant PRIOR COUNCIL ACTION: None. FUTURE COUNCIL ACTION: None. OVERVIEW: This tract of land, containing 92.538 acres, was acquired by the City on July 24, 1964. The landfill was permitted and began operation in November 1968. The landfill was operated for such purposes until 1992. The site is located north of Hearn's Ferry Road and east of Carbon Plant Road as shown on the attached Exhibit B. The land is vacant with no buildings or other improvements and is not currently in use for any purpose. This tract cannot be built on and must remain vacant making it suitable for cattle grazing purposes. An affidavit filed as a Closed Municipal Solid Waste Landfill was recorded for public record in November 1999. This notice places restrictions on the development or lease of this land as required by the Texas Health and Safety Code, Chapter 361 and Title 30, Chapter 330, Subchapters R and T, Texas Administrative Code. Mr. Rob Thomas, dba RWT Cattle Company, has approached the City to lease the entire 92.538 acre tract. Mr. Thomas plans on utilizing the whole area for grazing purposes. The proposed lease is for a five year term, whereby the City will accept a $1 per year consideration in exchange for the construction of 3,755 linear foot of stock fence by the tenant valued at $6,000. This fence will remain permanently and will become the property of the City at the end of the five year term. At the end of the initial five year term, the City will renegotiate a new five year lease based on market rents for other grazing areas. As required by the lease document, the tenant will abide by the restrictions imposed by the Texas Health and Safety Code and the Texas Administrative Code on closed landfill sites. H:\HOME\EUSEBIOG\GEN\Agenda Items\Grazing Lease.RWT Cattle Co\Background.doc EXHIBIT A ,r le \Mproject\counci!exhibits\GrazingLeaseexh.dwg LOCATION MAP NOT TO SCALE LEASE LOCATION VICINITY MAP NOT TO SCALE EXHIBIT "B" 5 YEAR GRAZING LEASE 92.538 AC. WESTSIDE LANDFILL CARBON PLANT RD @ McKENZIE LN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12-06-2005 LEASE SUMMARY Westside Landfill, 92.538 acres ("Premises") This Ground Lease Agreement is entered into by the City of Corpus Christi ("Lessor") and RWT Cattle Company, ("Lessee"). 2 Lessor leases to Lessee for purposes of a cattle grazing operation. Lessee may not operate the Premises for any other purpose without the City's Director of Engineering prior written approval 3 The leased premises consist of 92.538 acres as shown crosshatched in a map attached to the lease instrument. 4 Lessee indemnifies Lessor from all liability, loss, damages, claims, suits, and causes of action of any nature whatsoever. 5 Lessee will maintain a $1,000,000 General Liability Insurance policy during the term of the lease. 6 Lessor leases to Lessee for a term of 5 years beginning January 1, 2006 and ending December 31, 2010. 7 Lessee has the option to renew the lease for 5 more years, subject to review by City staff. The lease amount will be re-evaluated based on an appraisal of similar properties. Lessee must exercise the option to renew by giving Lessor 30 days written notice prior to expiration of the current lease. 8. Lessee agrees to pay Lessor an amount of $1.00 per year payable on January 1st of each year for five years, beginning on the effective date of the lease which is January 1, 2006. In addition, the Lessee agrees to construct 3,755 linear feet of stock fence on the north and east sides of the leased premises which will become the City's property at the end of the initial five year term. Lessee may not make any alterations, additions, or improvements to the Premises with the prior written consent of the City Manager, or his designee. 10. Lessee may not assign, encumber, or sublease the Premises without the prior written consent of the City Manager, or his designee. 11. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and ,egulations. 12. Lessee acknowledges that all or portions of the Premises were a closed municipal solid waste landfill. Lessee acknowledges receipt and acceptance of a notice required by Section 361.539 of the Texas Health and Safety Code, the Texas Commission on Environmental Quality (TCEQ) rules, Section 330.962, Title 30, and the Texas Administrative Code, Title 30, Part 1, Chapter 330, Subchapter T H:\HOME\EUSEBIOG\GENAgenda Items\Grazing Lease.RWT Cattle Co\Lease Summary.doc EXHIBIT C AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE-YEAR GRAZING LEASE WITH RWT CATTLE COMPANY FOR 92.538 ACRES OF CITY PROPERTY KNOWN AS THE WESTSIDE LANDFILL LOCATED AT CARBON PLANT ROAD AND HEARN'S FERRY ROAD, FOR CATTLE GRAZING AND APPROVING THE RENTAL FEE OF $1 PER YEAR AND THE CONSTRUCTION OF 3,755 LINEAR FEET OF STOCK FENCE BY THE TENANT, VALUED AT $6,000 WHICH WILL REMAIN THE PROPERTY OF THE CITY AT THE END OF THE LEASE TERM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five-year grazing with RWT Cattle Company for 92.538 acres of City property known as the Westside Landfill located at Carbon Plant Road and Hearn's Ferry Road for cattle grazing and approving the rental fee of $1 per year and the construction of 3,755 linear feet of stock fence by the Tenant, valued at $6,000 which will remain the property of the City at the end of the lease term. A copy of the lease is on file with the City Secretary. 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 13th day of December, 2005. ATTEST - Armando Chapa City Secretary Approved ri f 2005 By: r Joseph rney Assistant City Attorney For City Attorney H:U FG-D1R\Joseph\ORD-Lse-Westl.nFil doc THE CITY OF CORPUS CHRISTI 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: UWe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 \1,FG-D!RUoseph',ORD-L.se-West1 nFiIdoc 19 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 SUBJECT: Ann Ordinance lowering the speed limit on Spohn Drive from Spohn South Drive to a point 900 feet east of the east right-of-way of Spohn South Drive. AGENDA ITEM: Amending the Code of Ordinances Chapter 53 Traffic, by revising Section 53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed limit on Spohn Drive from 30 MPH to 20 MPH, from Spohn South Drive to a point 900 feet east of the east right-of-way line of Spohn South Drive; providing for penalties; providing for severance; providing for publication, and declaring an emergency. ISSUE: Amending an Ordinance required Council approval. FUNDING: Non applicable. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Ricardo G Traffic M.nage Additional Support Material: Background Information OME\NANBWGMEMO 00\soah, southdr agd rg. dor Ai/ n . Escobar, P.E. Di Ali of Engineering Services X AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Request Christus Spohn Hospital Health System has requested a reduction in the speed limit along Elizabeth Street from Ocean Drive to Third Street. Spohn Hospital is very concerned about the safety of hospital staff, patients, and guests that cross Elizabeth Street frequently. The request includes establishing a 20 MPH Speed Zone from 7:00 AM to 7:00 PM daily. (See Exhibit Ai The City of Corpus Christi Traffic Engineering Division has done an engineering study and presents the following findings and recommendation. Current Conditions Elizabeth Street is a 48 foot back to back asphalt roadway with four travel lanes two in each direction. The main hospital building is on the south side of the street and the parking garage and other hospital buildings are on the north side of the street. There are two crosswalks and a sky bridge for pedestrians to cross Elizabeth. (See Exhibit B) The speed limit is 30 MPH and traffic is traveling at an average speed of approximately 32 MPH with average traffic volumes of 275 vehicles per hour from 7:00 AM to 6:00 PM. Pedestrian traffic counts show an average of approximately 200 people per hour crossing from 7 to 9 AM, 11 AM to 1 PM and 4 PM to 6 PM. After 6:00 PM both vehicular and pedestrian traffic drops off significantly and begins again at approximately 7:00 AM. Issues Delays to traffic will be negligible when considering the added safety for pedestrians as well as vehicles coming to and from the Hospital facilities. Hospital employees, patients and visitors will be able to identify gaps in traffic easier and will be safer when crossing because of improved driver reaction times. Driveway entry and exit for the parking garages and Tots on both sides of the street will be easier for the same reasons. Public Comment A total of three notices of proposed actions and scheduled public hearing went out to the adjacent property owners including Christus Spohn Health Systems Corporation, HCA—The Health Care Company and Marina Del Sol across Ocean Drive. We received no negative comments and one positive response in favor of the 20 MPH Speed Zone. A public hearing IHOMEINANE''AOMEMO.001ebzabethst agd •g doc was held on October 24, 2005 and there was no opposition to the request made Christus Spohn Hosptial. Representing Christus Spohn Hospital, Mr. John Mouritsen addressed the Traffic Advisory Committee with regard to the importance of establishing the speed zone in the interest of public safety. The Traffic Advisory Committee voted unanimously in favor and recommended the proposed 20 MPH Speed Zone. Recommendation Staff recommends the 20 MPH Speed Zone from 7:00 AM to 7:00 PM be established on Elizabeth Street from 100 feet west of the center line of Ocean Drive to a point 75 feet east of the center line of Third Street with the following stipulation. (See Exhibit C). If approved, Spohn Hospital will install the required Yellow Flashing Beacons, signs and markings on each end of the zone. The installation will be done in accordance to City standards and coordinated through the City's Traffic Engineering Department. Upon acceptance of the installation the City Street Department will maintain the installation. Action Approve staff recommendation as presented. H-1HOMEINANR AGMEMO. OO\elizabelhst.agd rg.doc VCHRISt S0SPOHN Hospital Corpus Christi -Shoreline '5 August 2005 attention: Ricardo Guzman Traffic Engineering Department 1201 Leopard Street Corpus Christi TX 78401 Subject: Proposed 20 MPH Speed Zone on Elizabeth Street Despite the fact that we have withdrawn our request to close Elizabeth Street, we are still very much concerned for the safety of our staff, patients, and guests who frequently cross Elizabeth Street. Accordingly, we would like to request the implementation of a 20 MPH speed zone on Elizabeth on that part of the road between Third Street and Ocean Drive where there are two pedestrian crosswalks as shown on the attached sketch. As discussed, we would be responsible for the installation and maintenance of the flashing lights and signage marking the beginning and ending of the speed zone. Please advise as soon as possible what would be required to begin the installation. Please contact me at (361) 881-3142 if there are any questions about this project. Sine ely ourit en', KA Director, Design & Construction CHRISTUS Spohn Health System 1415 Third Street, Suite 505 Corpus Christi, TX 78404 CC Angel Escobar. City Engineer Kathy McDonagh, President & CEO CHRISTUS Spohn Health System Paul Trevino, Exec VP & Administrator, CSHS, Shoreline David Frum, 'VP Business Development and Strategic Planning, CSHS Jane Murphy, Associate Administrator, CSHS, Shoreline Exhibit A 1 of 2 �i•MOM talk iilli11!7 r ::IL.. 111110,111E 11��'�l1nilill NII MEIN E—!Will IN,Alari MINN �tilla:a a1 i1 31 tUalk1141;i:41114L a m{u ik ■ , ti i$'. I_ :i:' :,�: fid, mina :,�..ri��—..►,--.I • 11611111111111ilihrilniall M NI. ;311111111111 / Exhibit A 2of2 co PI 2 N 0 0 o m D 13 SURGICARE DUGAN EYE INS ELIZABETH ST MORGAN AVE PARKING GARAGE w. ch p, NI D CAL PLAZA REQUESTED SPEED ZONE CHRISTUS SPOHN PAVILION CHRISTUS SPOHN3 CANCER CENTER -TA VI ENTE M. JAN GENE AL VASCULAR', SU GEY BOOTY ST AYERS ST CHRIST S CHRISTUS i �'� PARKING AREASPOHSPOH jokim EXHIBIT - C SUBJECT: REQUESTED 20 MPH SPEED ZONE ELIZABETH ST. - OCEAN DR. TO THIRD ST. - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53 TRAFFIC, BY REVISING SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED LIMIT, BY LOWERING THE SPEED LIMIT ON ELIZABETH STREET FROM 30 MPH TO 20 MPH, FROM 100 FEET WEST OF THE CENTERLINE OF OCEAN DRIVE TO A POINT 75 FEET EAST OF THE CENTERLINE OF THIRD STREET; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-255, Schedule VI, Decrease of state law maximum speed, by lowering the speed limit on Elizabeth Street from 30 mph to 20 mph from 100 feet west of the centerline of Ocean Drive to a point 75 feet east of the centerline of Third Street: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-255. Schedule VI, Decrease of state law maximum speed. Elizabeth Street: From 100 feet west of the centerline of Ocean Drive to a point 75 feet east of the centerline of Third Street -20 mph—At all times. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. SECTION 5. 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 13th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved By: �� Joseph arney Assistant City Attor For City Attorney 2005 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: 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 20 AGENDA MEMORANDUM City Council Action Date: December 13, 2005 SUBJECT: An Ordinance lowering the speed limit on Spohn Drive from Spohn South Drive to a point 900 feet east of the east right-of-way of Spohn South Drive. AGENDA ITEM: Amending the Code of Ordinances Chapter 53 Traffic, by revising Section 53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed limit on Spohn Drive from 30 MPH to 20 MPH, from Spohn South Drive to a point 900 feet east of the east right-of-way line of Spohn South Drive; providing for penalties; providing for severance; providing for publication, and declaring an emergency. ISSUE: Amending an Ordinance required Council approval. FUNDING: Non applicable. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Ricardo Traffic nager Additional Support Material: Background Information -+ ;H JME\NANBAGMEMO 00rspohnsouthdr addrg dor . Escobar, P.E. rector of Engineering Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Request Christus Spohn Hospital Health System has requested a reduction in the speed limit along Spohn Drive from Spohn South Drive to a point 900 feet east of the east right of way line of Spohn South Drive. Spohn Hospital is very concerned about the safety of hospital staff that cross Spohn Drive frequently. The request includes establishing a 20 MPH Speed Zone from 7:00 AM to 7:00 PM daily. (See Exhibit A) The City of Corpus Christi Traffic Engineering Division has done an engineering study and presents the following findings and recommendation. Current Conditions Spohn Drive is a 48 foot back to back asphalt roadway with four travel lanes two in each direction. The main hospital building is on the south side of the street and the main parking lot is on the north side of the street. There are two pedestrian crosswalks on Spohn Drive. (See Exhibits B and C) The speed limit is 30 MPH and traffic is traveling at an average speed of approximately 32 MPH with average traffic volumes of 140 vehicles per hour from 7:00 AM to 6:00 PM. Pedestrian traffic counts show an average of approximately 140 people per hour crossing from 7 AM to 8 AM, 12 PM to 1 PM and 5 PM to 6 PM. After 6:00 PM vehicular and pedestrian traffic drops off significantly and begins again at approximately 7:00 AM. Issues Delays to traffic will be negligible when considering the added safety for pedestrians as well as vehicles coming to and from the Hospital facilities. Hospital employees will be able to identify gaps in traffic easier and will be safer when crossing because of improved driver reaction times. Driveway entry and exit for the parking lots on both sides of the street will be easier for the same reasons. Public Comment A total of six notices of proposed actions and scheduled public hearing went out to the adjacent property owners. We received no negative comments, one inquiry and one positive response in favor of the 20 MPH Speed Zone. A public hearing was held on October 24, 2005 and there was no opposition to the request made by Christus Spohn Hospital. Representing Christus Spohn Hospital, Mr. John Mouritsen addressed the Traffic Advisory Committee with regard to the importance of establishing the speed zone in the interest of public safety. Traffic Advisory Committee voted unanimously in favor of establishing and recommends the requested 20 MPH speed zone on Spohn Drive. AHOME\NANBAAGMEMO.00soohnsouthdr. aqdrg dor Recommendation Staff recommends the 20 MPH Speed Zone from 7:00 AM to 7:00 PM be established on Spohn Drive from Spohn South Drive to a point 900 feet east of the east right of way line of Spohn South Drive with the following stipulation. If approved, Spohn Hospital will install the required Yellow Flashing Beacons, signs and markings on each end of the zone. The installation will be done in accordance to City standards and coordinated through the City's Traffic Engineering Department. Upon acceptance of the installation the City Street Department will maintain the installation. Action Approve staff recommendation as presented >� iHOMEtNANITAGMEMO 001spohnsouthdr agtlrg dor- VCHRIS 1 L S SPOHN Hospital Corpus Christi -Shoreline 1 September 2005 Attention: Ricardo Guzman Traffic Engineering Department 1201 Leopard Street Corpus Christi TX 78401 Subject: Proposed 20 MPH Speed Zone on Spohn Drive In view of the fact that we are nearing completion of construction on a 450 car parking lot north of Spohn Drive, we are concerned for the safety of our staff, patients, and guests who will need to cross Spohn Drive during rush hour. Accordingly. we would like to request the implementation of a 20 MPH speed zone on Spohn Drive as shown on the attached sketch which would be effective between the hours of 7:00 AM to 7:00 PM. As discussed, we would be responsible for the installation and maintenance of the flashing lights and signage marking the beginning and ending of the speed zone. Please advise as soon as possible what would be required to begin the installation. Please contact me at (361) 881-3142 if there are any questions about this project. Sinker y • .. Moutytsen, RA Director, Design & Construction CHRISTUS Spohn Health System 1415 Third Street, Suite 505 Corpus Christi, TX 78404 CC: Angel Escobar, City Engineer Kathy McDonagh, President & CEO CHRISTUS Spohn Health System Mike Johnson, Exec VP & Administrator, CSHS, South David Frum, VP Business Development and Strategic Planning, CSHS Exhibit A 1 of 2 0 V 0 WOOL DRIDGE RD rHE_ ESPLANADE DH SPOHN L» SARATOGA BLVD PATTON ST CHRISTUS SPOHN HOSPITAL REQUESTED SPEED ZONE 0 Z 0 2 EXHIBIT B - SITE PLAN - SUBJECT' REQUESTED 20 MPH SPEED ZONE Traffic Engineering Div, SPOHN DR. AT SPOHN SOUTH TO 900' EAST Engineering Services Dept. Exhibit C ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53 TRAFFIC, BY REVISING SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED LIMIT, BY LOWERING THE SPEED LIMIT ON SPOHN DRIVE FROM 30 MPH TO 20 MPH, FROM SPOHN SOUTH DRIVE TO A POINT 900 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF SPOHN SOUTH DRIVE; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by amending Section 53-255, Schedule VI, Decrease of state law maximum speed, by lowering the speed limit on Spohn Drive from 30 mph to 20 mph from Spohn South Drive to a point 900 feet east of the east right-of-way line of Spohn South Drive CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53-255. Schedule VI, Decrease of state law maximum speed. Spohn Drive: From Spohn South Drive to a point 900 feet east of the east right-of-way line of Spohn South Drive -20 mph—At all times. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances. 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 13th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved,. (,, , 2005 By: 1 Joseph I -Sarney Assistant City Attorney For City Attorney 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: UWe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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 21 AGENDA MEMORANDUM AGENDA ITEM: December 13, 2005 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submited by C.C.T. Navigation -Cameron, LP, owner and developer of Navigation Pointe, Block 1, Lot 1, located west of Navigation Blvd. and south of Bates Drive for the installation of 464 linear feet of a 12 -inch PVC water grid main; and b. Ordinance appropriating $35,308.38 from the Arterial Transmission & Grid Main Trust Fund No. 209010-4030 to pay the C.C.T. Navigation -Cameron, LP reimbursement request for the installation of 464 linear feet of a 12 -inch PVC water grid main to develop Navigation Pointe, Block 1, Lot 1; and declaring an emergency. ISSUE: C.C.T. Navigation -Cameron, LP, owner and Developer of Navigation Pointe, Block 1, Lot 1 will start the installation of 464 linear feet of 12 -inch PVC water grid main, once the Cly Council approves the Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Arterial transmission and Grid Main Trust Fund in compliance with the Platting Ordinance RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. , A.I.C.P. Director of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Grid Waterline Reimbursement Exhibit Application for Waterline Reimbursement Cost Estimate Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND The development and platting of Navigation Pointe, Block 1, Lot 1 (see Exhibit B) required a total extension of 464 linear feet of 12 -inch PVC water grid main along the east side of Navigation Blvd. beginning at the existing 12 -inch water line previously installed by others and extending to approximately the south right-of-way line of Bates Drive (see Exhibit C). The 12 -inch water grid main is required by the City's 1997 Water Distribution System Master Plan along Navigation Blvd. and is eligible for reimbursement as a water grid main in accordance with the Platting Ordinance. The Developer has submitted a Transmission and Grid Main Construction and Reimbursement Agreement and supporting documentation in compliance with provisions of the Platting Ordinance. The application for the grid main reimbursement and supporting cost documentation are attached (see Exhibit D). The total construction cost submitted by the developer for the installation or 464 linear feet of 12 -inch PVC water grid main is $ 35,308.38 (see Exhibit E). Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $35,308 38. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Exhibit A Page 1 of 1 Flato Road !WAR LAME 0 Be a Lane LOCATION MAP NOT Tc Scale Exhibit B Page 1 of 1 0�8" PVC STUB -OUT Bates Drive . tH PROP t5" PVC (SANITARY SEWER) PROP 8" PVC. NAVIAGATION POINTE Lot 1, Block 11.50 Acres CUP/A-1 K >- b 0 In . U n ro 50' 12" CAP W/2" B.O. N L 0 1 o; mo 08 1.7,-- o 0 0 0 8' CAP w/2' B.O. 8" CAP W/2" B.O. 12"x8" D.I CROSS TIE TO EXISTING 12" WATERLINE 0 U N w Z f 1_ N <X 3 150 100 50 0 100 200 GRAPHIC SCALE CIEUReAN' 1"=100' ENGINEERING 0011.111 awn. - -, GRID WATERLINE REIMBURSEMENT EXHIBIT FOR NAVIGATION POINTE, LOT 1, BLOCK 1 Corpus Christi, Texas [Exhib.t C I Page1 oft 11-29-05 MFH/cr APPLICATION FOR WATERLINE REIMBURSEMENT C.C.LNavigation-('!nncrnn. L_P owner and dcvcloper of proposed Navigation Pointe Lot I. Block I Subdivision, hereby requca reimbursement e( S35_7US. 3ti for the installation of the water grid main at : on ui Ion with Na\ igauon Pct u - Lot I. Block I Subdi ision. as pro \ idcd for h\ City Ordinance No. 7U92 Said 535.308.38 is the construction cost. including 7.5°0 engineering as shown be the cost supporting documents attached herewith tOwncrl //5 (Dated rt IF ST \TE OF TL\AS :, t at `NT\ OF Nt'l-( LS ,t hhi, instrument was acnnorrledged before me gni /2' 1 I / . 2005 by Mif 0Sh Ve V I At - t III Janice Degellado Notary Public, State of Texas My Commission Expires: October 24, 2009 CFRTIF ICATION N t Public in and for :'feces County. Texas The information submitted with the application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Transmission Mains Trust Fund and (b. appropriatg and approval bv the City Council. Di ' c ar of Engineering (r ih' Engineer) /2/7/05— ([late IExhibit D I Page 1 of 1 Eng: Murray Hudson, P.E. 8y' C.R.R EXHIBIT B REIMBURSEMENT ESTIMATE FOR GRID WATERLINE IMPROVMENTS NAVIGATION POINTE LOT 1, BLOCK 1 Nov. 29,2005 Job No. 27700.A5.01 ITEM ! DESCRIPTION QUAN. QUAN.+ UNIT UNIT TOTAL COST 10% PRICE A. GRID WATERLINE REIMBURSEABLE ITEMS: T12"PVC C-900 464 510 LF $45.00 $22,950.00 2 T12" Gate Valve and Box 3 3 EA $850.00 $2550.00 3 Gate Valve and Box 1 1 EA $670.00 $670.00 ,8" 4 12''x8" Ductile Iron Cross 1 1 EA $550.00 $550.00 5 12" Plug 1 1 EA $200.00 $200.00 6 8" Plug 1 1 EA S125.00 $125.00 Fire Hydrant Assembly Complete In-place 2 1 2 EA $2,400.00 $4,800.00 8 Tie to Existirrg Waterfine 1 1 LS $1,000.00 $1,000.00 $32,845.00 REIMBURSEABLE ITEMS SUB -TOTAL: 1 ENGINEERING FEE @ 7.5%: $2,463.38 I T T TOTAL ESTIMATED REIMBURSEMENT: $35,308.341 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Transmission and Grid Main 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 C.C.T. Navigation -Cameron, LP, ("Developer). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 11.879 acres called Navigation Pointe, Block 1, Lot 1, located on the west side of Navigation Blvd., south of Bates Drive, as shown in the attached Exhibit 1, and WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of a 12 -inch PVC arterial transmission grid main in order for Navigation Pointe, Block 1, Lot 1 to have water service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC arterial transmission and grid main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC arterial transmission and grid main; and WHEREAS, it is essential that the 12 -inch PVC arterial transmission and grid main be constructed along Navigation Blvd_ in connection with Navigation Pointe, Block 1, Lot 1 for it will provide future service connections to the north and east of Navigation Pointe, Block 1 Lot 1; and WHEREAS, it is to the best interest of the City and the Developer for the 12 -inch PVC arterial transmission and grid main be constructed to the size and serve the area specified in the Water Distribution Master Plan, 1997; 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 12 -inch PVC arterial transmission and grid main needed for Navigation Pointe, Block 1, Lot 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. Exhibit F 1 of 5 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 12 -inch PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: (1) Install 464 linear feet of 12 -inch PVC transmission/grid main. (2) Install 3 (three) 12 -inch Gate Valve and Box. (3) Install 1 (one) 8 -inch Gate Valve and Box. (4) Install 1 (one) 12"x8" Ductile Iron Cross. (5) Install 1 (One) 12 -inch Plug. (6) Install 1 (One) 8 -inch Plug. (7) Install 2 (two) Fire Hydrant Assembly Complete In-place. (8) Tie to Existing Waterline_ The transmission/grid main will be constructed along the east side Navigation Blvd. from the existing 12 -inch water line previously installed by others and extend to approximately the south right-of-way line of Bates Drive. b The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. c Before the Developer starts construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 12 -inch PVC arterial transmission and grid main, the Developer shall acquire and dedicate to the City the required utility easement or right-of- way for the installation of the 12 -inch PVC arterial transmission and grid main. 4 PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12 -inch arterial transmission and grid main, in accordance with the approved plans and specifications, by December 31, 2006. 2 of 5 6. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC arterial transmission and grid main, not to exceed $35,308.38 within 30 days upon invoicing by the Developer, if the work has been completed, inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points during the construction. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch PVC arterial transmission and grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7 5% of the costs of construction of the 12 -inch water grid main_ ? INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees 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 12 -inch PVC arterial transmission and grid main construction. 8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No 17112, to complete, as part of this Agreement, the Disdosure of Ownership interests form attached hereto 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. 3of5 EXECUTED IN DUPLICATE originals, this day of , 2005. ATTEST CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K Noe, City Manager APPROVED: / day of , 2005 By sA Joseph I Y4mey, Assistt 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 of the corporation. Notary Public, State of Texas 4 of 5 DEVELOPER: By: nish Ve'ma nish Verma C.C.T. Navigation -Cameron, LP 45 NE Loop 410, Suite 29U San Antonio, TX 78216 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ?ittlr , 2005, by Manish Verrna. 5 of 5 etc • r et I LL LOCATION MAP Not To Scale II Exhibit 1 11 Page 1 of 1 PROP. 15' PVC (SANITARY SEWER) 8' PVC STUB -OUT Bates Drive FH PROP 8" PV 0 0 NAVIAGATION POINTE L.ot 1, Block 11.50 Acres CUP/A-1 i i W W c v a) 12" CAP W/2" B.O. 8" CAP W/2" B.O. 8" CAP W/2" B.O. 12"x8" 0.1. CROSS ID a. o > ua a n 03 coo t 0 0) 5 0 z 50' N TIE TO EXISTING 1 2" WATERLINE 150 100 50 0 100 200 ■ ■ ■ GRAPHIC SCALE 1"=100' URBAN ENGINEERING .adv,. 001011•14 ICON GRID WATERLINE REIMBURSEMENT XHIBIT FOR NAVIGATION POINTE, LOT 1, BLOCK 1 Corpus Christi, Texas Exhibit 2 Page 1 of 1 11-29-05 MFH/cr AN ORDINANCE APPROPRIATING $35,308.38 FROM THE ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND NO. 209010-4030 TO PAY C.C.T. NAVIGATION -CAMERON, L.P.'S (DEVELOPER) REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 464 LINEAR FEET OF A 12 -INCH PVC WATER GRID MAIN AS SPECIFIED IN THE TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP NAVIGATION POINTE, BLOCK 1, LOT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,308.38 from the Arterial Transmission & Grid Main Trust Fund No. 209010-4030 is appropriated to pay C.C.T. Navigation -Cameron, L.P.'s (Developer) reimbursement request for the installation of 464 linear feet of a 12 - inch PVC water grid main as specified in the Transmission and Grid Main Construction and Reimbursement Agreement to develop Navigation Pointe, Block 1, Lot 1 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 13th of December, 2005. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to form /).,,,„e„.. } , 2005. By: • Josh Harney Assistant City Attorney For City Attorney H:\LEG-DIRVoseph\Ord-appr-NavPtl.doc 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: \LEGDIR\Joseph\Ord-appr-NaVPtLEG1.doc 22 AGENDA MEMORANDUM AGENDA ITEM: December 13, 2005 a Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with C.C.T. Navigation -Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1 located west of Navigation Blvd. and south of Bates Dr. for the installation of 1,600 linear feet of off-site 15 -inch sanitary sewer collection line; and b Ordinance appropriating $110,141.25 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay C.C.T. Navigation -Cameron, LP for the installation of 1,600 linear feet of off- site 15 -inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Navigation Pointe, Block 1, Lott and declaring an emergency. ISSUE: C.C.T. Navigation -Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1, will start the installation of 1,600 linear feet of off-site sanitary sewer collection line once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for said installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. 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 Ho AICP Di - « .rof Development Services Background Information Location Map Sanitary Sewer Collection Line Exhibit Map Application for Sewer Line Reimbursement Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND} The development and platting of Navigation Pointe, Block 1, Lot 1 (See Exhibit 8 - Location Map) requires the off-site extension of a 15 -inch sanitary sewer collection Zine. The off-site sanitary sewer collection line extends approximately 1600 linear feet in an easterly direction from the north east comer of the intersection of Navigation Blvd. and Bates Drive to an existing manhole located in Airport Ditch No 2 (See Exhibit B-1- Off -Site Sanitary Sewer). The 15 -inch sanitary sewer collection line is required to provide sanitary sewer service to Navigation Pointe, Block 1, Lot 1 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Sewer Line Reimbursement and supporting documentation is attached (see Exhibit C — Sewer Line Reimbursement Application). In accordance with the reimbursement criteria in the Platting Ordinance, the developer of Navigation Pointe, Block 1, Lot 1 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 is 11.50 acres x $1277.00 per acre = $14,685.50. The average pipe diameter in inches is 15 -inches. Therefore, the maximum reimbursement is 114,685 50 x 15) x 50% _ $110,141.25. The total construction cost submitted by the developer for the installation of 1600 linear feet of 15 - inch sanitary sewer collection line is $285,176.00 (see Exhibit D— Cost Estimate). This exceeds the maximum reimbursement and the Developer will be responsible for $175,034.75 of the construction cost. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement based on the maximum reimbursement and not to exceed $110,141.25. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. EXHIBIT A LOCATION MAP Not tc Scale Exhibit B Page 1 of 1 ‘1Eng21Data\Projects\25000UP\27700\A501\Plans\SANITARY SEWER EXHIBIT.dwg, 9/27/2005 8:07.19 AM, cr. 12" PVC STUB—OUT 8` FVC STUB—OUT 2 • z 150 100 50 0 ■ ■ mom ■ ■ ■ moms (40' R.O.1V) (Unimorow_)_ 100 0 z AIRPORT DITCH 200 GRAPHIC SCALE 1"-= 100' COLLECTION LINE SANITARY SEWER REIMBURSEMENT EXHIBIT FOR NAVIGATION POINTE, LOT 1 , BLOCK 1 Corpus Christi, Texas Exhibit B-1 Page 1 of 1 19-26-05 MFH/crr APPLICATION FUR SEWER LINE REIMBURSEMENT c.T". 11/444, .,'4 Afrlor_ (a»iCMrJi L? owner and developer of proposed Navigation Pointe Lotl, Block 1 �uhdi� isi-,m, hereby request reimbursement of SI 10,141 .25 for the installation of the sewer (collection) line in conjunction with Navigation Pointe L)tl, BlockI Subdiv ision, as provided for by City Ordinance No. 17396. S 1 10,141 25 i, the maximum developer reimbursement as shown by the cost supporting documents attached herewith. (Date) .4 a. 1H STA FE OF TrXAS 01 Jt' fl DE UICIS his instrument was acknowledged before me on J c r , 2005 by Nary Public in and for Nueces County, Texas CERTIFICATION fhe information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: a) sufficiency of funds in the Collection/Trunk Line Trust Fund h) appropriation and approval by the City Council eor o Engineering City Engineer) /42-// D (Date) 11 Exhibit C Page 1 of 1 Eng: Murray Hudson, P E. By C.R.R. REIMBURSEMENT ESTIMATE FOR SANITARY SEWER TRUNK UNE IMPROVEMENTS NAVIGATION POINTE LOT 1, BLOCK 1 Nov. 29, 2005 Job No.27700A5.01 ITEM DESCRIPTION QUAN. QUAN. 4- 10% UNIT UNIT TOTAL COST PRICE A. SANITARY 1 2 3 4 5 6 7 8 9 10 11 SEWER REIMBURSEABLE ITEMS: 15 PVC (18'-20' Cut) .15" PVC (20'-22' Cut) Class "C" Embedment OSHA Trench Protection 913 687 1,600 1,600 1,600 2 1 1 1 1 1 REIMBURSEABLE REIMBURSEABLE 1,004 LF $95.00 $95,380.00 756 1,760 4 1,760 LF LF IF $110.00 $83,160.00 $11.00 $19,360.00 $2.50 $4,400.00 { Wel Pointing 5' Diameter Manhole (18'-20' Deep) 1,760 2 1 1 a I 1 1 LF EA $23.00 $40,480.00 $3,500.00 $7,000.00 5' Diameter Manhole (20'-22' Deep) EA EA $4,500.00 $4,500.00 •Tie to Existing Manhole $1,000.00 $1,000.00 I Rehabiitabon of Existing Manhole LS $2,500.00 $2,500.00 ! Pavement Repair LS $2,500.00 $2,500.00 Adjustment of Utilities As Required TOTAL ESTIMATED Maximum Allowable Reimbursement: 1 LS $5,000.00 $5,000.00 ITEMS SUB -TOTAL: $265,280.00 $19,896.00— ENGINEERING i FEE @ 7.5%: ITEMS SUB -TOTAL.: $285,17640 T Fee Value = 11 50 acres x $1277 per acre = $14685.50. !Line Size = 15" Diameter 111aximum Reimbursement = 0.5 (15" x $14685.50) = $110,141.25 TOTAL ESTIMATED REIMURSEABLE ITEMS: $285,176.00 LESS MAXIMUM REIMBURSEMENT: $110,141.25 1DEVELOPER FUNDED PORTION: $175,034.75 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 IExhibit D 1 Page1 oft 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 Christi, Texas, 78469- 9277, and C.0 T Navigation -Cameron, LP ("Developer"), of 45 NE Loop 410, Suite 290, San Antonio, TX 78216. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 11.879 acres called Navigation Pointe, Block 1, Lot 1 located east of Navigation Blvd. and south of Bates Drive, as shown on the attached Exhibit 1. WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; 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 Developers costs for the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that 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 in the interest of the City and the Developer for the 15 -inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows; 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 per the plans and specifications approved by City Engineer. Exhibit E Page 1 of 5 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 Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design 'I) OFFSITE SANITARY SEWER COLLECTION LINE i Install 913 linear feet of 15 -inch PVC collection line (18'-20' cut). ii Install 687 linear feet of 15 -inch PVC collection line (20'-22' cut). Install Class 1600 linear feet 'C' embedment. iv Install 1600 linear feet of OSHA Trench Protection. v Install 1600 linear feet of Well Pointing vi Install two (2) 5 -foot diameter manholes (18'-20' deep). vii Install one (1) 5 -foot diameter manhole (20'-22' deep). viii. Tie to existing manhole. ix Rehabilitate existing manhole x. Pavement Repair xi Adjustment of Utilities as Required. 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 the start of construction of the Sanitary Sewer Collection Line, Developer shall acquire and dedicate to the City the any required additional street right-of-way or utility easements. 4 PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 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 December 30, 2006. Page 2 of 5 REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $110,141.25 of the offsite 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 of the Sanitary Sewer Collection Line. 7, INDEMNIFICATION_ Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("Indemnitees") from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Collection Line construction. 8 Developer further 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. Page 3 of 5 EXECUTED IN DUPLICATE originals, this day of .%4-11146'4' 2005. DEVELOPER: By: THE STATE OF TEXAS COUNTY OF NUECES �" "" This instrument was acknowledged before me on betildui , 2005, by Manish Verma as owner/developer. Public, Stag bf Texas Page 4 of 5 ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K Noe City Manager Approved as to form only (�►.- , 2005 Joseph Mamey 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 Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 5of5 OA 4" oft% mks 1\EJV' ■A*MN ■I■2,1 ��i' g Ea . Nam Alum N.I■ - a lim1 Now LOCATION MAP Not to Scam Exhibit 1 Page 1 of 1 to O O N n N 0) 1- W >- F- 2 2 to 0 0 0_ a 0 0 'm To 0 150 100 50 0 GRAPHIC SCALE 1"=100' 100 200 COLLECTION LINE SANITARY SEWER REIMBURSEMENT Exhibit 2 EXHIBIT FOR NAVIGATION POINTE, LOT 1 , BLOCK 1 Page 1 of 1 Corpus Christi, Texas I9-26-05 MFH/crr _ CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the Cty to provide the following information, Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME _C.C.T. Navigation -Cameron, LP STREET 45 NE Loop 410, Ste 290 CITY: San Antonio ZIP: 78216 FIRM Ise 1 Corporation 2 Partnership X 3. Sole Owner 5 Other 4. Association DISCLOSURE QUESTIONS f additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Department (if known) LA 2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Title NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christ) who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement; that I have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Manish Verma Title: Authorized Representative (Type or Print) Signature of Certifying Person: �i/�--- Date: Exhibit 3 1 Page 1 of 1 AN ORDINANCE APPROPRIATING $110,141.25 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-250420 TO PAY C.C.T. NAVIGATION -CAMERON, L.P. (DEVELOPER) FOR THE INSTALLATION OF 1,600 LINEAR FEET OF OFFSITE 15 - INCH SANITARY SEWER COLLECTION UNE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP NAVIGATION POINTE, BLOCK 1, LOT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $110,141.25 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 is appropriated to pay to pay C.C.T. Navigation - Cameron, L.P. (Developer) reimbursement request for the installation of 1,600 linear feet of offsite 15 -inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Navigation Pointe, Block 1, Lot 1. 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 13th of December, 2005. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to form neo../.4- 7 , 2005. By: Joseph Harney Assistant City Attorney For City Attorney H: \LEG-DIR\Joseph\Ord-appr-NavPt2.doc 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: UWe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 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-DIR\Joseph\Ord-appr-NavPt2.doc 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/13/05 GENDA ITEM: AMENDING ORDINANCE NO. 16561 RELATING TO THE CLOSING AND ABANDONING OF A SIXTY FOOT (60') WIDE PUBLIC STREET ON CORPUS CHRISTI BEACH DESIGNATED AS DICKINSON STREET, FROM SURFSIDE BOULEVARD TO NORTH SHORELINE BOULEVARD TO REMOVE THE VISUAL CORRIDOR PLAT REQUIREMENT OF SECTION 1(c) THEREOF AND TO ADD A PLAT STATEMENT INDICATING THE UTILITY LINES WITHIN THE VACATED AND ABANDONED PUBLIC STREET ARE PRIVATE UTILITIES; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY ISSUES: • In 1981, as part of the Dickinson Street closure ordinance a requirement to maintain a visual corridor to the former right-of-way was required. Condition "1(c)" in Ordinance 16561(See attachment 1), is not necessary and should be removed from the plat since the North Central Area Development Plan, passed in 1990 designates Breaker Street (169 feet to the south) as the visual corridor for the area. (See attached map from the plan) • Two such corridors within 169' is duplicative and unnecessarily splits a large tract of land. • Clarification is necessary to designate the existing utility lines located on the property and within the former street right-of-way as private lines. • An amending plat is required to reference the street closure ordinance amendments on the plat. REQUIRED COUNCIL ACTION: Approval. PREVIOUS COUNCIL ACTION: Adoption of Ordinance 16561, passed by City Council in 1981. CONCLUSION AND RECOMMENDATION: Approval. • Michel N. Gunning, AICP Assistant Director of Development Services Attachments: Attachment I. Ordinance 16561 Attachment II. North Central Area Development Plan Map Attachment III. Corpus Beach Hotel Addition Plat Notes Attachment IV. Ordinance AN ORDINANCE CLOSING AND ABANDONING A SIXTY FOOT (60') WIDE PUBLIC STREET ON CORPUS CHRISTI BEACH DESIGNATED AS DICKINSON STREET, FROM SURFSIDE BOULEVARD TO NORTH SHORELINE BOULEVARD, SUBJECT TO REPLATTING BY THE ABUTTING OWNER OR OWNERS ON EACH SIDE OF SAID STREET, SUCH PLAT TO PROVIDE AND DEDICATE ADDITIONAL STREET RIGHT-OF-WAY TEN FEET (10') IN WIDTH CONTIGUOUS TO EACH STREET DESIG- NATED AS BREAKER AVENUE AND BUSHiCK PLACE FROM SURFSIDE BOULEVARD TO THE WESTERLY BOUNDARY OF NORTH SHORELINE BOULEVARD; SAID STREET CLOSING FURTHER SUBJECT TO ABUTT- ING OWNERS PROVIDING AND MAINTAINING A VISUAL CORRIDOR FORTY FEET (40') IN WIDTH PARALLEL,TO DICKINSON STRE FROM SWIM BOULEVARD TO THE WE 4'-: T SHORELINE BOULEVARD; PROVIDING YIBING FOR SEVERABILITY; AND DE Attachment I WHEREAS, there exists a sixty f••' t en Corpus Christi Beach designated as Dickinson t*eet,` `'U Flule- vard to North Shoreline Boulevard; and WHEREAS, it has been determined that it is feasible and advanta- geous to the City of Corpus Christi, upor the conditions prescribed herein, to abandon said street. MOM, THEREFORE. Of 11 ORDAINED BY THT CiTY COUNCIL OF THE CITY Cf CORPUS CHRISTI, TERAS: SECTION 1. That a sixty foot (60') wide public street on Corpus Christi Beach designated as Dickinson Street. from Surfside Boulevard to North Shoreline Boulevard is hereby closed for use es a publ;le atrewt and shall revert to the abutting owners. subject tttrepla owner or owners on each side of such street up h the e butting events herein set forth (1) That such plat provide and dedicate an s d1tionai ten feet '(10•) Ho/it-of-way for street purposes for the widening of Breaker Avenue and Bushick Place; and the additional ten feet (10') of right-oi ., for cath €tet be improved wfth curb, gutter, pavement, and sidewalks In accordance with City standards; and (b) That 1n no event shall such additional 10' rights-of-way constitute portions of the building settler requirerlent of the City's tuning ordinance; and (c) That the abutting owners provide end maintain an open and unobstructed visual corridor forty feet (40') in width parallel to Dickinson Street from Surfside Boule- vard to the westerly boundary of North Shoreline Boule- vard. Said visual corridor shall be situated between 8ushick Place and Breaker Avenue but shall not be conti- guous to either of such streets; and (d) That the conditions of closing Dickinson Street, the requirements of replatttng contained herein and this ordinance be duly noted and referenced upon the fact of such replet as finally approved by the Planning Commission of the City of Corpus Christi. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase. word or provision of this ordinance shall he held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it Shall not affect any other section, paragraph, subdivision, clause, phrASe, word or provision of this ordinance, for It is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose.. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency out to the public convenience and necessity would be bettor served by the closinn of the afore- said street, such finding of an emergency Is made and declared requiring luspenilon of the Charter rule as to conslderattgn and voting upon ordlnences Or resolutions at three regular meetings so that this ordinance Is Shall t Of ATTEST: on first reading as in emergency reasure this , 1981, APPROVED: aAY OF v. , 1981: J. PUCE AYCOC, CITY ATTORNEY r' e : �,! �r...: ,_ yIsst* CItPAtteneey PA E CITY of CORPUS CHRISTI, TES* Corpus Christi, f 234ay r.f 1981 THE MEMBERS OF THE CITY COUNCIL rims Christi, Texas r the reasons sat forth in the emergency clause of the foregoing ordinance or resolution. emergency exists requiring suspension of the Charter rule as to consideration and voting ion ordinances or resolutions at three regular meetings; I/we, therefore, request that you /spend said Charter rule and pass this ordinance or resolution finally on the date it is ►troduced, or at the present eeeting of the City Council. ispectfully, Council Members Respectfully, THE`tTTT OF CORPUS CHRISTI, The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Cwmphy Bob Gulley Herbert L. Hawkins. Jr. Dr. Charles W. Kennedy Cliff Zarsky W562 North Central Area Development Plan Map ORPUS CHRISTI BAY GULDEN EACH ULFSPRAY URLESON/ BEAKERS GOLF COASTAL DGEPORT K WATER Attachment II LEGEND IIIIIIIIIUIIIIhl IluII1111N1' VISUAL CORRIDORS d enhances views to th• bay SCENIC CORRIDORS Enhanoam•nt of highly trsv•1•d corridors GATEWAYS Intensified visual treatment to annouao• entry to City, C.C. ti••ch,end •p•ctat CSTY OF OORPIU$ CHART* NORTH OENTOAL AREA DEVELOPMENT PLAN EIOURE S VISUAL/SCENIC CORRIDORS & GATEWAYS Corpus Beach Hotel Addition Plat Notes Attachment III • C 0 O O • u 01 3 w 4, e•0 g O p O pm Ory CJ N F v1 u) Z 1 0 2 Og 0Tr 80 ▪ ti W W —J d Q. in Y ©C�; } 3 Qa1VA3"1(1O8 3N11380HS NINON ,OO'O?P M „OO,OO.Z£ S ,ODooP GRAPHIC SCALE 0 z ORDINANCE AMENDING ORDINANCE NO. 16561 RELATING TO THE CLOSING AND ABANDONING OF A SIXTY FOOT (60') WIDE PUBLIC STREET ON CORPUS CHRISTI BEACH DESIGNATED AS DICKINSON STREET, FROM SURFSIDE BOULEVARD TO NORTH SHORELINE BOULEVARD TO REMOVE THE VISUAL CORRIDOR PLAT REQUIREMENT OF SECTION 1(c) THEREOF AND TO ADD A PLAT STATEMENT INDICATING THE UTILITY LINES WITHIN THE VACATED AND ABANDONED PUBLIC STREET ARE PRIVATE UTILITIES; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY WHEREAS, on September 23, 1981, City Council passed and approved Ordinance No. 16561 closing and abandoning Dickinson Street between Surfside Boulevard and North Shoreline Boulevard and required in Section 1(c) thereof "that the abutting property owners provide and maintain an open and unobstructed visual corridor forty feet (40') in width parallel to Dickinson Street ... and WHEREAS, the visual corridor requirement of said ordinance is no longer necessary because the North Central Development Plan, adopted in 1990, designates Breaker Street as the visual corridor for the area and two visual corridors within 170 feet of each other is unnecessary; and WHEREAS, it is beneficial to amend the plat to specify that the utility lines located on Lot 7A, Corpus Christi Beach Hotel Addition, and within the abandoned street right-of-way are private lines; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16561, adopted on September 23, 1981, is amended by amending Section 1(c) thereof to delete the visual corridor plat requirement and to replace it with a statement clearly indicating that the utility lines on the property and within the abandoned street right-of-way are private utility lines, as follows: Section 1. utility lines located on Lot 7A, Corpus Christi Beach Hotel Addition, and within the closed and abandoned sixty foot (60') wide Dickinson Street right-of-way are private utility lines. * 1 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 13th day of December, 2005. PASSED AND APPROVED, this the day of , 200 . ATTEST Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 13th day of December, 2005. By L1J1Gt, G iry . Smith Assistant City Attomey for City Attorney 2 Corpus Christi, Texas _day of , 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 3 24 ORDINANCE AMENDING THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT BOUNDARY MAP, APPROVED BY ORDINANCE NO. 025496, TO REDRAW THE BOUNDARY TO INCLUDE APPROXIMATELY 3.46 ADDITIONAL ACRES AND TO MODIFY THE PRELIMINARY ASSESSMENT ROLL; AND PROVIDING FOR PUBLICATION. WHEREAS, the creation of the Rodd Field Public Improvement District (District) was authorized by Resolution No. 024261 and Ordinance No. 025496; WHEREAS, since the creation of the District, and the determining of the District boundary by Ordinance 025496, new property owners have come forward to request inclusion of an additional 3.46 acres, approximately, into the District; WHEREAS, with proper notice to the public and to the property owners in the district under Sec. 372.009 Texas Local Government Code, a public hearing was held on Tuesday November 15, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the District boundaries are to be redrawn and the preliminary assessment roll will be modified to take into consideration the additional 3.46 acres, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 025496, which established the boundary of the Rodd Field Public Improvement District, is amended by redrawing the boundary map to include the additional 3.46 acres, as described in the attached Exhibit A. SECTION 2. The District is authorized and established as described in Section 1 above. The modified Preliminary Assessment Roll, attached as Exhibit B, is approved and the City Secretary shall file a copy. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi. ORD-RoddDist-1.doc That the foregoing ordinance was re d for the first time and passed to its second reading on this the 194 day of " d'yr, , 2005, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia —___— PASSED AND APPROVED, this the day of , 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved as to formliAt 10, 2005 By: / 1/ Jo ph Ha Assistant City Attorney For City Attorney I •••6•1111 ...... ex an • B dary Proposed Bounda 4 Exhibit A Rodd Field Public Improvement District Existing :and Proposed B oiu►dlai y I 1111101 Exhibit B Rodd Field Public Improvement District Assessment Roll Owner's Name Lot Size in Acres1 Signed Power of Attorney Assessment Amount MORALES ALBERT L 0.44 Y $ 3,968.55 HULL DAVID A 5.55 Y $ 50,021.78 JOHNSON MICHAEL E 0.25 Y $ 2,218.78 GLENDENNING COLLINS REED 0.22 Y $ 1,984.28 HANDLE,' SHIRLEY JONES 7.56 Y $ 68,223.00 WILSON WILLIAM H 2.96 Y $ 26,674.08 WILSON WILLIAM H 2.13 Y $ 19,193.36 HULL DAVID A 1.08 Y $ 9,777.07 BROOKS THOMAS ET UX 0.48 Y $ 4,329.33 BROOKS THOMAS W ET UX BONNIE 0.36 Y $ 3,247.00 MORALES ALBERT L 0.36 Y $ 3,247.00 HEINAMAN AUBREY H ET UX 1.24 N $ 11,184.10 HEINAMAN AUBREY HERBERT 0.48 N $ 4,329.33 hEINAMAN/SAFFIOTI THOMAS M 0.71 N $ 6,403.80 SHAW WILLIAM J 2.10 Y $ 18,940.81 PEAL AIR GOND CO C/O PATRICK JESSE PEAL 0.68 Y $ 6,133.22 MANAK WM L 0.73 N $ 6,584.19 SHAW WILLIAM J / KEN CASSEY 1.78 Y $ 16,068.12 ASHER GUY R %NANCY BEATON & JACK MC C 0.73 Y $ 6,584.19 ASHER GUY R %NANCY BEATON & JACK MCC 1.11 Y $ 10,011.57 ROOD INDUSTRIES INC 1.85 Y $ 16,685.95 VESELY JERRY J JR ETUX JACQUELINE G 0.20 Y $ 1,803.89 VESELY JERRY J JR ETUX JACQUELINE G 0.20 Y $ 1,803.89 SALAZAR ELOY H3 8.60 Y $ 77,522.04 MAJEK JOHN M JR ET UX 0.56 Y $ 5,050.88 MAJEK KATHRYNE L 0.47 Y $ 4,239.13 MAJEK PROPERTIES LLC 3.46 Y $ 31,207.24 SERVO -DYNAMICS INC 0.44 Y $ 3,968.55 SCHURY PHYLLIS 0.79 Y $ 7,125.35 HARTUNG JERRY R 0.36 Y $ 3,247.00 GARZA FERNANDO M AND ELOISA G GARZA 0.22 Y $ 1,984.28 MAJEK PROPERTIES LLC 0.49 Y $ 4,419.52 SALMON CHARLES A SR 1.87 Y $ 16,866.34 BENDER JOSEPH 2.02 Y $ 18,219.26 BENDER JOSEPH 1.04 Y $ 9,380.21 ISLA VISTA LLC 3.45 Y $ 31,117.05 SUNRISE PROPERTIES LP 1.67 Y $ 15,062.46 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 SUNRISE PROPERTIES LP 0.20 Y $ 1,803.89 MORROW SERVICES CO 1.75 Y $ 15,784.01 ESPARZA JULIAN T ET UX 0.30 Y $ 2,705.83 SALMON CHARLES ALS 0.29 Y $ 2,615.64 KOCIAN MICHAEL A ET UX SU 0.60 Y $ 5,411.66 RUZICKA WILLIAM J 0.61 Y $ 5,501.86 GIDLEY DALE R/SYDNA A GID DBA DALE'S IMPORT SERVICE 0.61 Y $ 5,501.86 WIMER NORMAN KEITH 3.00 Y $ 27,058.30 CASTANEDA FRANK A 1.50 Y $ 13,529.15 VETETO PATRICK/BRATTON MARK P ° 4.49 N $ 40,497.26 KOCIAN MICHAEL A AND DAVID C KOCIAN 2.26 Y $ 20,383.92 KOCIAN MICHAEL A AND DAVID C 5.54 Y $ 49,967.67 LAND WERNER / SIEGLINDE 1.00 Y $ 9,019.43 HAEBER & ROSALES ROOFING 3.00 Y $ 27,058.30 COX DON 1.00 Y $ 9,019.43 COOK RICHARD BINELLE S REVOCABLE LIVING TRUST 2.00 Y $ 18,038.87 84.17 $ 790,300.00 Acreage based upon the 2005 Nueces County Tax Assessor's tiles. Value based upon the 2005 Nueces County Tax Assessor's files Only 8.6 acres of the owner's 35.18 acres lie within the Rodd Field Improvement District boundaries The assessment amount will be credited against plattlno fees recently assessed ORDINANCE AUTHORIZING AND LEVYING THE ASSESSMENT AMOUNT OF $790,300 AS A SPECIAL ASSESSMENT TO THE PROPERTY OWNERS AS THER PORTION OF THE COSTS FOR THE PUBLIC IMPROVEMENTS TO THE PROPERTY WITHIN THE RODD FIELD PUBLIC IMPROVEMENT DISTRICT; AND PROVIDING FOR PUBLICATION. WHEREAS, the creation of the Rodd Field Public Improvement District (District) was authorized by Resolution No. 024261 and Ordinance No. 025496; WHEREAS, the proposed assessment amount for the owners of the property in the Rodd Field Public Improvement District was determined to be $790,300 and included in Ordinance No. 025496; WHEREAS, with proper notice to the public and to the property owners in the district under Sec. 372.016 Texas Local Government Code, a public hearing was held on Tuesday November 15, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and raise any objections to the proposed assessment; WHEREAS, the assessment amount of $790,300 is to be levied as a special assessment on the property within the District, as per Sec. 372.017 Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the assessment amount of $790,300.00, established by Ordinance No. 025496, for public improvements within the District is levied as a special assessment on the properties within the District as described in Exhibit A. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi. ORD-RoddDist-2.doc That the foregoing ordinance was r reading on this the __js4'^day of Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia ea for the fi st time and passed to its second `�, 2005, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 0 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the day of ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form 4/0b/d, 2005 By: Joseph Harne Assistant City ttorney For City Attorney , 2005. Henry Garrett Mayor Exhibit A Rodd Field Public Improvement District Assessment Roll Owner's Name Lot Size in Acres Signed Power of Attorney Assessment Amount MORALES ALBERT L 0.44 Y $ 3,968.55 HULL DAVID A 5.55 Y $ 50,021.78 JOHNSON MICHAEL E 0.25 Y $ 2,218.78 GLENDENNING COLLINS REED 0.22 Y $ 1,984.28 HANDLEY SHIRLEY JONES 7.56 Y $ 68,223.00 WILSON WILLIAM H 2.96 Y $ 26,674.08 WILSON WILLIAM H 2.13 Y $ 19,193.36 HULL DAVID A 1.08 Y $ 9,777.07 BROOKS THOMAS ET UX 0.48 Y $ 4,329.33 BROOKS THOMAS W ET UX BONNIE 0.36 Y $ 3,247.00 MORALES ALBERT L 0.36 Y $ 3,247.00 HEINAMAN AUBREY H ET UX 1.24 N $ 11,184.10 HEINAMAN AUBREY HERBERT 0.48 N $ 4,329.33 hE1NAMAN/SAFFIOTI THOMAS M 0.71 N $ 6,403.80 SHAW WILLIAM J 2.10 Y $ 18,940.81 PEAL AIR GOND CO C/0 PATRICK JESSE PEAL 0.68 Y $ 6,133.22 MANAK WM L 0.73 N $ 6,584.19 SHAW WILLIAM J i KEN CASSEY 1.78 Y $ 16,068.12 ASHER GUY R %NANCY BEATON & JACK MC C 0.73 Y $ 6,584.19 ASHER GUY R %NANCY BEATON & JACK MC C 1.11 Y $ 10,011.57 RODD INDUSTRIES INC 1.85 Y $ 16,685.95 VESELY JERRY J JR ETUX JACQUELINE G 0.20 Y $ 1,803.89 VESELY JERRY J JR ETUX JACQUELINE G 0.20 Y $ 1,803.89 SALAZAR ELOY H 3 8.60 Y $ 77,522.04 MAJEK JOHN M JR ET UX 0.56 Y $ 5,050.88 MAJEK KATHRYNE L 0.47 Y $ 4,239.13 MAJEK PROPERTIES LLC 3.46 Y $ 31,207.24 SERVO -DYNAMICS INC 0.44 Y $ 3,968.55 SCHURY PHYLLIS 0.79 Y $ 7,125.35 HARTUNG JERRY R 0.36 Y $ 3,247.00 GARZA FERNANDO M AND ELOISA G GARZA 0.22 Y $ 1,984.28 MAJEK PROPERTIES LLC 0.49 Y $ 4,419.52 SALMON CHARLES A SR 1.87 Y $ 16,866.34 BENDER JOSEPH 2.02 Y $ 18,219.26 BENDER JOSEPH 1.04 Y $ 9,380.21 ISLA VISTA LLC 3.45 Y $ 31,117.05 SUNRISE PROPERTIES LP 1.67 Y $ 15,062.46 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 _ GUNTER BUDDIE ET UX BARBA 0.21 Y $ 1,894.08 SUNRISE PROPERTIES LP 0.20 Y $ 1,803.89 MORROW SERVICES CO 1.75 Y $ 15,784.01 ESPARZA JULIAN T ET UX 0.30 Y $ 2,705.83 SALMON CHARLES ALS 0.29 Y $ 2,615.64 KOCIAN MICHAEL A ET UX SU 0.60 Y $ 5,411.66 RUZICKA WILLIAM J 0.61 Y $ 5,501.86 GIDLEY DALE R/SYDNA A GID DBA DALE'S IMPORT SERVICE 0.61 Y $ 5,501.86 WIMER NORMAN KEITH 3.00 Y $ 27,058.30 CASTANEDA FRANK A 1.50 Y $ 13,529.15 VETETO PATRICKBRATTON MARK P 4 4.49 N $ 40,497.26 KOCIAN MICHAEL A AND DAVID C KOCIAN 2.26 Y $ 20,383.92 KOCIAN MICHAEL A AND DAVID C 5.54 Y $ 49,967.67 LAND WERNER / SIEGLINDE 1.00 Y $ 9,019.43 HAEBER & ROSALES ROOFING 3.00 Y $ 27,058.30 COX DON 1.00 Y $ 9,019.43 COOK RICHARD B/NELLE S REVOCABLE LIVING TRUST 2.00 Y $ 18,038.87 84.17 $ 790,300.00 Acreage based upon the 2005 Nueces County Tax Assessor's files. Value based upon the 2005 Nueces County Fax Assessor's files. Only 8 5 acres of the owners 35 18 acres lie within the Rodd Field Improvement District boundaries The a«essment amount will be credited against platting fees recently assessed ORDINANCE SPECIFYING THE PAYMENT OF THE ASSESSMENT TO EACH PROPERTY OWNER TO BE PAID WITH REGULAR YEARLY INSTALLMENTS OVER A PERIOD OF TEN (10) YEARS AT AN INTEREST RATE NOT TO EXCEED ONE-HALF (1/2) OF ONE (1) PERCENT HIGHER THAN THE ACTUAL INTEREST RATE PAID ON THE PUBLIC DEBT USED TO FINANCE THE IMPROVEMENTS. WHEREAS, the creation of the Rodd Field Public Improvement District (District) was authorized by Resolution No. 024261 and Ordinance No. 025496; WHEREAS, the proposed assessment amount for the owners of the property in the Rodd Field Public Improvement District was determined to be $790,300 and included in Ordinance No. 025496; WHEREAS, with proper notice to the public and to the property owners in the district under Sec. 372.016 Texas Local Government Code, a public hearing was held on Tuesday November 15, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and raise any objections to the proposed assessment; WHEREAS, the proposed method of payment will be by installment in amounts necessary to meet annual costs for improvements and will continue for a period necessary to retire the indebtedness on the improvements, all in compliance with Sec. 372.017 (b) Texas Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the assessment amount of $790,300.00, established by Ordinance No. 025496 for public improvements within the District, is to be paid by each property owner within the District by using a regular yearly installment method over a period of ten (10) years. The interest rate is not to exceed one- half ('h) of one (1) percent higher than the actual interest rate paid on the public debt used to finance the improvements. ORD-RoddDist-3.doc That the foregoing ordinance was re for the fyystt time and passed to its second reading on this the I�j day of 61�i;'irv..C'�.� , 2005, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill KeIIy Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the _ day of , 2005, by the following vote Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of , 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved as to formA/04 r /2, 2005 By: i G Jose¢h Harn Assistant City Attorney For City Attorney 25 CIN COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 13, 2005 a Public Hearing to consider amending the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin EA -C-2, by approximately 13 acres; and, realign the master channel with underground culverts through Comerstone Unit 3 Subdivision; and, b. Ordinance approving the amendment to the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin EA -C-2, by approximately 13 acres; and, realign the master channel with underground culvert through Cornerstone Unit 3 Subdivision. ISSUE: The developer of Cornerstone Unit 3 is locating the subdivision across a Master Channel in the existing Storm Drainage Master Plan. The amendment to the master plan is necessary to ensure that runoff from the south can flow unimpeded through Cornerstone Unit 3 Subdivision. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A — Exhibit B Exhibit C Exhibit D Background Information — vanity Map — Existing Plan — Proposed Amendment /'B" oily, AICP Director of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amendment to the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and The Flour Bluff Area of the City of Corpus Christi, Cornerstone Unit 3 Subdivision BACKGROUND: Cornerstone Unit 3 Subdivision is located at the north east corner of the intersection of Flour Bluff and Don Patricio Roads (see Exhibit B). The subdivision is zoned R-1 B. A. Existing Drainage Master Plan -Flour Bluff Drive: The drainage for the Cornerstone Unit 3 Subdivision and its surrounding area is required to cross Flour Bluff Drive and flow into Oso Bay. Two existing 24 -inch pipes cross Flour Bluff Drive and stormwater runoff backs up in subdivision ditches. The current master plan (see Exhibit C) requires a crossing of Flour Bluff Drive at a location that is already developed Proposed Amendment: The developer of Cornerstone Unit 3 is requesting the amendment to the drainage master plan (see Exhibit 0) to place an additional crossing on Flour Bluff Drive. This crossing is located approximately 550 linear feet south of the existing two 24 inch pipe crossing. The new crossing is proposed to consist of two 48 -inch pipes and is a more practical solution to improving the drainage for Cornerstone Unit 3 and Westridge Acres subdivisions. Additionally, the landowners on either side of the road are agreeable to the location of this crossing. The property owner on the west side of Flour Bluff Drive is donating all of the land required for the outfall drainage easement on the condition that the land remain in its natural state_ The Flour Bluff Drive crossing will be installed with the improvements to Cornerstone Unit 3 sutvision in early 2006. B. Existing Drainage Master Plan -Don Patricio Road: The current master plan shows storm water from Drainage Area EA -C-1 flowing to the north across Don Patricio road and through the proposed Cornerstone Unit 3 Subdivision and then flowing west towards Flour Bluff Drive. The stormwater crosses Flour Bluff Drive and eventually makes its way into Oso Bay (see Exhibit C) Proposed Amendment: The developer is requesting an amendment to the drainage master plan to locate Cornerstone Unit 3 in the path of a Master Plan Channel. The stormwater wiU flow north from Drainage Area EA -C-1 across Don Patricio Rd. through the Cornerstone Unit 3 Subdivision in underground pipe. At Flour Duff Drive the underground pipe extends north and parallels Flour Bluff Drive for approximately 555 -feet At this point the stormwater crosses Flour Bluff Drive through the two 48 -inch pipes mentioned in paragraph A and flows towards Oso Bay (see Exhibit D). The capacity requirement is a 25 -year storm event in compliance with the existing 1969 Master Plan for Storm Drainage for the Area West of Glarkwood Road and The Flour Bluff Area of the City of Corpus Christi Additionally, the developer of Cornerstone Unit 3 is requesting the amendment to the drainage master plan to change the drainage basin boundary for basin EA -C-2 (see Exhibit D). This boundary change would increase the size of the drainage area by approximately 13 acres. The boundary change allows the inclusion of the part of Cornerstone Unit 2 subdivision that was excluded by the original boundary. EXHIBIT A Cornerstone Unit 3 EXHIBIT TITLE VICINITY MAP SCALE. '= 1500 *Mal ENGINEERING cORws CHOgVI. Tows J ..n =WOW ..,n. ®.mn. 12011M,t,.4w-ot DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.A5.00 Exhibit B Page 1 of 1 •t% 3 - fl %.`• - 11) 44' r - rob, c --r .•=t 1.2z z z < Lk_ c - “„n m ,r,er • -"s • 1 • • -\ \ ' 4-1 t \ \ ' , 71- -kt, S I - 1- ----- '' . ' . 1)1, , IA -1'- --",f,',:.1- \ I, r ' ‘- 1 ) - \ .*., s'"5 : , ,I• , 1 N't. i;f,..1, . , S" -.»L j I lk ) \ \ ).\ \`, \ ---7 "--FI•OC AURBA MENGINEERING Existing Master Plan COIRPI15 CHRISTI, TECAS 2 IA _.a ...e M % AMA OAMAIN& (3..4. r3A0*-1A. DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO 37407.A5.00 Exhibit C Page 1 of 1 anup finis JnoL/ SCALE =600' DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.A5.00 Exhibit D Page 1 of 1 DATE: 11-22-05 Page 1 of 2 AN ORDINANCE AMENDING THE 1969 MASTER PLAN FOR STORM DRAINAGE FOR THE AREA WEST OF CLARKWOOD ROAD AND THE FLOUR BLUFF AREA OF THE CITY OF CORPUS CHRISTI, TEXAS TO ADD A MASTER PLAN CULVERT CROSSING FLOUR BLUFF DRIVE APPROXIMATELY 550 FEET SOUTH OF THE INTERSECTION OF CORNERSTONE DRIVE AND FLOUR BLUFF DRIVE; INCREASE THE DRAINAGE BASIN BOUNDARY, BASIN EA -C-2, BY APPROXIMATELY 13 ACRES; AND REALIGN THE MASTER CHANNEL WITH UNDERGROUND CULVERT THROUGH CORNERSTONE UNIT 3 SUBDIVISION; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the amendment to the Master Sanitary Sewer Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 30, 2005, during a meeting of the Planning Commission, and on Tuesday, December 30, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas is amended to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet south near the intersection of Cornerstone Drive and Flour Bluff Drive, and to increase the drainage basin boundary for basin EA -C-2 by approximately 13 acres and realign the channel for flows coming from basin EA -C-1 through Cornerstone Unit 3 Subdivision, by incorporating the attached Exhibit into the Master Plan. SECTION 2. That the Master Plan for Storm Drainage is an element of the Comprehensive Plan and the Comprehensive Plan is amended to conform to the Master Plan for Storm Drainage, as amended by this ordinance. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ht\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLUFF.DOC Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2005, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of 2005, by the following vote Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of , 2005. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ge,i.(,... 7 , 2005 By Joseph Harney Assistant City Attorney For City Attorney Henry Garrett Mayor H \LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLUFF. DOC DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.5.00 SCALE "=600' OURBAN ENGINEERING Proposed Amendment CORPUS awMn /OM no more= num Rsessm .A.]MFS 0„104-2011 NE O -ins DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.A5.00 DATE: 11-22-05 Exhibit Page oft 26 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 13, 2005 a Public Hearing to amend the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area, by increasing wastewater Basin 3-8-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new 10 -inch PVC sanitary sewer collection line located between Don Pahido Road and the extension of Division Road, approximately 1,375 linear feet south east of and parallel to Flour Bluff Road; and, b Ordinance approving the amendment to the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-8-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new 10 -inch PVC sanitary sewer collection line located between Don Patricio Road and the extension of Division Road, approximately 1,375 linear feet south east of and parallel to Flour Bluff Road. ISSUE: Shifting the flows from the 28.4 acre Cornerstone Unit 3 Subdivision to a wastewater basin to the south provides the subdivision with wastewater service to an existing gravity sanitary sewer and negates the need for septic systems in this subdivision. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D ,felt Background Information Vicinity Map — Existing Master Plan — Proposed Amendment AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Comerstone Unit 3 Subdivision Amendment to the Master Sanitary Sewer Plan for the Flour Bluff Area BACKGROUND: Cornerstone Unit 3 Subdivision (28.4 acres) is located at the north east corner of the intersection of Flour Bluff Drive and Don Patricio Roads (see Exhibit B). The subdivision is zoned R-1 B. The Cornerstone Unit 3 Subdivision is located in wastewater Basin 4-A-1 of the Master Sanitary Sewer Plan for the Flour Bluff Area (see Exhibit C). Gravity sanitary sewer is not available to the subdivision within the existing Master Plan wastewater Basin 4-A-1. The amendment increases the existing service area served by Flour Bluff Lift Station No. 1086 by adding 28.4 acres from wastewater Basin 4-A-1. Wastewater sub Basin 3-B-1 will include Cornerstone Unit 3, a 28.4 -acre subdivision, within its boundary. Wastewater from the Cornerstone Unit 3 subdivision will flow south towards Don Patricio Road in a new 10 - inch PVC sanitary sewer collection line (see Exhibit D). Wastewater Basin 4-A-1 is 195 acres and is sparsely developed and lacks a sanitary sewer system within the basin. Property that is developed uses septic systems for wastewater disposal. Wastewater Basin 3-B-1 is 320 acres with approximately 175 acres of the land already developed. Each of the subdivisions within the Basin has a gravity sanitary sewer system that ultimately flows to Flour Bluff Lift Station 1086, which has a capacity of 1.7 MGD and can serve 375 acres. Calculations indicate that Flour Bluff Lift Station 1086 can receive the wastewater flow from Cornerstone Unit 3 without exceeding its capacity_ The Cornerstone Unit 3 Subdivision will be served by an internal gravity sanitary sewer system that will flow through an off-site 10 -inch PVC wastewater line to Lift Station 1086. The 10 -inch PVC wastewater line was sized for depth not capacity. EXHIBIT A 0 x n M n z z L f Z L 4 Z EXHIBIT TITLE: VICINITY MAP ENGINEERING ORnia mean. a prrr-nn w p1 4-a SANITARY SEWER MASTER PLAN AMENDMENT _SCALE =1500` r> CORPUS CHRISTI, TEXAS JOB N0. 37407.A5.00 Extilibft Pagel tf 1 'IrURBAI�I ENGINEERING co tm cin. nem s P1Tw-na PJ�m SANITARY SEWER MASTER PLAN AMENDMENT Existing Master Plan CORPUS CHRISTI. TEXAS Exhibit C Paae 1 of 1 o z CC 0.4 • ,a m Nsio,<Nt. /; • a/10?/ �%C P 0// • o • c / M. J- 7 7 M a • CO CD Q 00 0 m B o C LL J 11 J i t 1 / /G" /rr N U O 4") P i/ ▪ C. k z 2 ▪ OI Q Oa to 0 ti/p ' �- O'jb dp0 •6 CITY OF CORPUS CHRISTI TEXAS II 8 a Proleas \37000up\i7407\A500\MAS '1rURBAN ENGINEERING Donnas c sn, •7tX S . ..ea. "Zao.a,a,._..,.. Proposed Amendment SANITARY SEWER MASTER PLAN AMENDMENT 1 ,-,nn CORPUS CHRISTI TEXAS JOB NO. 37407 A5.00 IExhibit D Page 1 of 2 Job No. 37407.A5.00 3/17/05 LIFT STATION CALCULATION FOR THE FLOUR BLUFF LIFT STATION NO. 1086 Platted Area Not Yet Serviced: (337 lots) x (3.5 people/lot) x (100 gallons/person-day) = 117,950 gallons/day Large platted tracts assume 10 homes x 3 5 people/home x 100 GPD = 3,500 gallons/day Cornerstone Unit 3 Subdivision: (83 homes) x (3 5 people/home) x (100 gallons/person-day) = 29,050 gallons/day Shoreline Oaks Subdivision: (258 homes) x (3 5 people/home) x (100 gallons/person-day) = 90,300 gallons/day Commercial Tracts: 20 Acres x 8 people/Ac x 10 gallons/day = 1,600 gallons/day Additional Inflow & Infiltration: 62 Acres x 400 gallons/acre/day = 24,800 gallons/day Total Gallons per Day: 267,200 gallons/day or 185 GPM Peak Factor: 267.200 gallons/day x 3.0 = 801,600 gallons/day Existing Flour Bluff Lift Station: Pumping Capacity (from PEECO): 2 -201 -IP Pumps @ Approximately 1,225 gallons/minute Additional Run Time: 801,600 gallons/day 1,225 gallons/minute 654 minutes or 10.9 hours From Run Time Data = 2.5 hrs/day average (from City and PEECO 10/03) Average Run Time + Additional Run Time = Estimated Run Time including Shoreline Oaks — Phase I, Future Units and Cornerstone 3 plus existing platted property within service area. 2.5 hours + 10.9 hours = 13.4 hours (peak) Flygt's warranty is based on a 40% duty cycle (24 hrs x 0.40 = 9.6 hrs/day/pump). Using the above figures, the Flour Bluff Lift Station No. 1086 will pump 13.4 hours/day. Flour Bluff is a triplex lift station with two alternating pumps and a standby. Pumping time during peak flow will be 6.7 hrs/day/pump (70% of capacity) and 2.2 hrs/day/pump during average flows (23% of capacity). Said time is based on servicing all existing platted area with full build out of the Shoreline Oaks Subdivision and Cornerstone Unit 3. In summary, the Flour Bluff Lift Station No. 1086 does have adequate capacity to serve Cornerstone Unit 3 Subdivision plus additional platted areas.. D Page 2 of 2 Page 1 of 2 AN ORDINANCE AMENDING THE 1965 MASTER SANITARY SEWER PLAN FOR THE FLOUR BLUFF AREA BY INCREASING WASTEWATER BASIN 3-B-1 BY 28.4 ACRES NOW SERVED BY FLOUR BLUFF LIFT STATION NO. 1086. THE 28.4 ACRES WILL BE SERVED BY A NEW 10 -INCH PVC SANITARY SEWER COLLECTION LINE LOCATED BETWEEN DON PATRICIO ROAD AND THE EXTENSION OF DIVISION ROAD, APPROXIMATELY 1,375 LINEAR FEET SOUTHEAST OF AND PARALLEL TO FLOUR BLUFF ROAD; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment to the Master Sanitary Sewer Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 30, 2005, during a meeting of the Planning Commission, and on Tuesday, December 30, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area is amended by increasing wastewater basin 3-B-1 by 28.4 acres now served by Flour Bluff Lift Station No. 1086 by incorporating the attached Exhibit into the Master Sanitary Sewer Plan. The 28.4 acres will be served by a new 10 -inch pvc sanitary sewer collection line located between Don Patricio Road and the extension of Division Road, approximately 1,375 linear feet southeast of and parallel to Four Buff Road. SECTION 2. That the Master Sanitary Sewer Plan is an element of the Comprehensive Plan and the Comprehensive Plan is amended to conform to the Master Sanitary Sewer Plan, as amended by this ordinance. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 4. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:1LEG-DIR\JOSEPHIOR D-SSWRPLN-BLUFF. DOC Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2005, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of , 2005, by the following vote Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED, this the day of , 2005. ATTEST: Armando Chapa City Secretary Approved D1,. , 2005 By: Josep Harney Assistant City Attorney For City Attorney H \LEG-DIR\JOSEPH\ORD-SSWRPLN-BLUFF.DOC CITY OF CORPUS CHRISTI Henry Garrett Mayor SANITARY SEWER MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS IQIJRBAN ENQINEERINO oa�w WOW mus ma 101.4. No prawn. Proposed Amendment SANITARY SEWER MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS ".1000' J0B NO. 37407.A5.00 Exhibit Page 1 of 2 Job No. 37407.A5.00 3/17/05 LIFT STATION CALCULATION FOR THE FLOUR BLUFF LIFT STATION NO. 1086 Platted Area Not Yet Serviced: (337 Tots) x (3.5 people/lot) x (100 gallons/person-day) = 117,950 gallons/day Large platted tracts assume 10 homes x 3.5 people/home x 100 GPD = 3,500 gallons/day Cornerstone Unit 3 Subdivision: (83 homes) x (3.5 people/home) x (100 gallons/person-day) = 29,050 gallons/day Shoreline Oeb Subdivision: (258 homes) x (3.5 people/home) x (100 gallons/person-day) = 90,300 gallons/day Commercial Tracts 20 Acres x 8 people/Ac x 10 gallons/day = 1,600 gallons/day Additional Inflow & Infiltration: 62 Acres x 400 gallons/acre/day = 24,800 gallons/day Total Gallons Der Day: 267,200 gallons/day or 185 GPM Peak Factor. 267,200 gallons/day x 3.0 = 801,600 gallons/day &lions Flour Bluff Lift Station: Pumping Capacity (from PEECO): 2-20 HP Pumps ® Approximately 1,225 gallons/minute Additional Ran rime: 801.600 gallons/day 1,225 gallons/minute 654 minutes or 10.9 hours From Run Time Data = 2.5 hrs/day average (from City and PEECO 10/03) Average Run Time + Additional Run Time = Estimated Run Time including Shoreline Oaks — Phase I, Future Units and Cornerstone 3 plus existing platted property within service area. 2.5 hours + 10.9 hours = 13.4 hours (peak) Flygt's warranty is based on a 40% duty cycle (24 hrs x 0.40 = 9.6 hrs/day/pump). Using the above figures, theFlour Bluff Lift Station No. 1086 will pump 13.4 hours/day. Flour Bluff is a triplex lift station with two alternating pumps and a standby. Pumping time during peak flow will be 6.7 hrs/day/pump (70% of capacity) and 2.2 bra/day/pump during average flows (23% of capacity). Said time is based on servicing all existing platted area with full build out of the Shoreline Oaks Subdivision and Cornerstone Unit 3 In summary, the Flour Bluff Lift Station No. 1086 does have adequate capacity to serve Cornerstone Unit 3 Subdivision plus additional platted areas. 27 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 13, 2005 A. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. B. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions which include: a UIIah Investments Inc., to receive an allocation for $3,600,000 from 2005 Commercial Revitalization Deductions for a building located at 3500 McKenzie Road and IH -37. b Puerto Los Caballeros Properties LTD to receive a carry over allocation of $1,200,000 from 2005 Commercial Revitalization Deductions for a building located at 1214 North Chaparral Street. c. Ek Dashi Investment LLC to receive an allocation of $1,100,000 from 2005 Commercial Revitalization Deductions for a building located at 2901 Surfside Street in the Corpus Christi beach area. d. Charles G. Herin to receive an allocation of $700,000 from 2005 Commercial Revitalization Deductions for a building located at 901 Navigation Street. e. Stewart Brandon to receive an allocation of $150,000 from 2005 Commercial Revitalization Deductions for a building located at 9002 Leopard Street. Also nominating a 2004 project to the Office of the Governor for: f Valero Refining to receive an allocation of $8,925,000 for a building located at 1147 Cantwell Lane. ISSUE: As one of forty designated Renewal Communities nationwide, the City of Corpus Christi may nominate $12 million of Commercial Revitalization Deductions each year during the designated period. According to the Internal Revenue Service (IRS), the Commercial Revitalization Agency (CRA) may make the following types of allocations: 1) An allocation in the year that the project is completed. 2) A binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service. 3) A carryover allocation. The Office of the Governor serves as the Commercial Revitalization Agency (CRDA) and is responsible for certifying allocations nominated by the governing bodies of the Renewal Communities in Texas. Required Council Action: A. Approve the resolution as presented. CONCLUSION AND RECOMMENDATION: City staff recommends nominating to the Office of the Governor all fundable applications received in response to the advertisement for applications for the 2005 Commercial Revitalization Deductions. Oscar Martinez Assistant City Manager Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Attachment "a" Project Name Ullah Investments, Inc. Project Location 3500 McKenzie Road & 137 Project Census Tract 50 New Jobs Created 26 Total Investment $4,100,000 Placed in Service March 2006 Allocation Request $3,600,000 Summary Ullah Investments, Inc. has acquired real estate and construction is underway on a new La Quinta Inn & Suites Hotel. The three story, 66 room facility is the first La Quinta Inn & Suites concept in Corpus Christi that leverages La Quinta's strong national brand serving the business and longer stay market. This facility will create 26 new jobs with a projected annual payroll of $330,000 and is projected to generate $190,000 annual additional Hotel and Motel Tax Revenue. Ullah Investments owns and operates numerous Shell Service Station and Convenience stores, Motel 6 in Sinton, and several area jewelry stores. The president, Mr. Aman Ullah, was recognized as the 2002 SBA Small Business of the Year Attachment "b" Project Name Puerto Los Caballeros Properties, Ltd. Project Location 1214 North Chaparral Project Census Tract 3 New Jobs Created 40 Total Investment $1,600,000 Placed in Service May 2006 Allocation Request $1,200,000 Summary Puerto Los Caballeros Properties, Ltd. has acquired real estate that formerly housed the Hofbrau Steak House and plans to open a casual dining restaurant and bar called Chaparral St. Landing in May of 2006. This facility will create 40 new jobs with a projected annual payroll of $700,000 and will be a significant catalyst for additional visitor interest in the strategic area between Downtown and Whataburger Field. Puerto Los Caballeros Properties, Ltd's Development and Restaurant operations will be directed by Mr. John Marr, who has strong experience in food service as a manager for many years with Luby's Cafeteria, Inc. Attachment "c" Project Name Ek Dashi Investment, LLC Project Location 2901 W Surfside, Corpus Christi Beach Project Census Tract 50 New Jobs Created 26 Total Investment $1,300,000 Placed in Service May 2006 Allocation Request $1,100,000 Summary Ek Dashi Investment, LLC acquired real estate that formerly housed the operations of the GoKart Track and Pirates of the Gulf Miniature Golf Course. This facility will create 26 new jobs with a projected annual payroll of $400,000 and will be a significant additional draw for the visitor industry to complement the entertainment complex of the Lexington and Aquarium on Corpus Christi Beach. Puerto Los Caballeros Properties, Ltd's development and Restaurant operations will be Rakesh Patel and Ray Patel, who have significant experience as owners and managers of two motel properties located on Corpus Christi Beach. Attachment "d" Project Name Charles G. Herin Project Location 901 Navigation Project Census Tract 7 New Jobs Created 4 Jobs Retained 24 Total lnvestment $830,000 Placed in Service May 2006 Allocation Request $700,000 Summary Charles G. Herin acquired a real estate lot upon which will be built a new building that represents the expansion of the offices and customer service for Contractors Building Supply, Inc. This facility will create 4 new jobs and retain 24 existing jobs with a projected annual payroll of $1,400,000 and will be a significant additional service to the local, regional and state contractor building supply industry. Charles Herin owns the real estate and leases it to Contractors Building Supply. Attachment "e" Project Name Stewart Brandon Project Location 9002 Leopard Project Census Tract 35 New Jobs Created 4 Jobs Retained 29 Total Investment $150,000 Placed in Service May 2006 Allocation Request $150,000 Summary Stewart Brandon owns real estate upon which will be built a new building that represents the expansion of the offices and customer service for Brandon Welding and Fabrication, Inc. This facility will create 4 new jobs and retain 29 existing jobs with a projected annual payroll of $1,400,000 and permit their expansion to service its international customer base. Stewart Brandon owns the real estate and leases it to Brandon Welding and Fabrication, Inc Attachment "f" Project Name Valero Project Location 1147 Cantwell Lane Project Census Tract 7 Jobs Retained 300 Total Investment $25,000,000 Placed in Service May 2006 Allocation Request $10,000,000 ($8,925,000 available unallocated from 2004) Summary The Valero Refining Project will house the administrative offices and personnel of the Corpus Christi operation. A 120,000 sq. foot, three-story building is three times larger than the Company's existing administration building contain a state of the art control room with emphasis on environmental controls. This application was submitted on December 9, 2004. However, because the project location is in the newly designated Renewal Community Census tracts included by law on October 14, 2005, it was not submitted for Council approval in 2004. HUD did not officially inform the City of the included areas until July of 2005. The application is being submitted for nomination for the unallocated balance of 2004 amounts. RESOLUTION NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christi's Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal Community" eligible to share in tax incentives to stimulate job growth and promote economic development; WHEREAS, the Renewal Community designation provides federal tax incentives to businesses located in the Renewal Community; WHEREAS, each Renewal Community may allocate $12 million of Commercial Revitalization Deductions per year and up to $10 million per project for substantially rehabilitated or newly construction buildings in the Renewal Community; WHEREAS, a business can deduct 50 percent of the building in the first year the building is placed in service or deduct the full amount of eligible expenditures pro rata over 10 years; WHEREAS, each Renewal Community may make the following types of allocations of the Commercial Revitalization expenditure amounts—an allocation in the calendar year in which a qualified revitalization building is placed in service; a binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service; and a carryover allocation; WHEREAS, each Renewal Community must submit to the Office of the Govemor a plan for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan"); WHEREAS, on November 16, 2004, the City Council adopted its Allocation Plan, titled "City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local Strategic Plan") to submit to the Office of the Governor; and WHEREAS, pursuant to its Local Strategic Plan, the City published notice of the Commercial Revitalization Deduction application process, received applications, and reviewed applications for compliance with the Local Strategic Plan; WHEREAS, the City has heretofore nominated seven projects for allotments totaling $2,040,000 for 2005 and may nominate additional projects in the amount of $9,960,000 to complete the $12,000,000 allocation for the current year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. The following projects are approved by the City of Corpus Christi and nominated for approval by the Office of the Governor to certify the following allocations of the Commercial Revitalization Deductions totaling $6,750,000: CRD resolution revitalization 051213 2 a. Ullah Investments, Inc., (La Quinta Inn & Suites) to receive an allocation of $3,600,000 from 2005 Commercial Revitalizations Deductions for a building located at 3500 McKenzie Road and IH -37. b. Puerto Los Caballeros Properties, LTD., (Chaparral Street Landing) to receive an allocation of $1,200,000 from the 2005 Commercial Revitalization Deductions for a building located at 1214 North Chaparral Street. c. Ek Dashi Investment, LLC., (Corpus Christi Beach Miniature Golf and Go -Kart Track) to receive an allocation of $1,100,000 from the 2005 Commercial Revitalization Deductions for a building located at 2901 Surfside Street. d. Charles G. Herin (Contractors Building Supply Corporate Headquarters) to receive an allocation of $700,000 from the 2005 Commercial Revitalization Deductions for a building located at 901 Navigation Street. e. Stewart Brandon (Brandon Welding) to receive an allocation of $150,000 from the 2005 Commercial Revitalization Deductions for a building located at 9002 Leopard Street. The following project is approved by the City of Corpus Christi and nominated for approval by the Office of the Governor to certify the following allocation of the Commercial Revitalization Deductions as a 2004 project totaling $3,400,00: Valero Refining to receive an allocation of $8,925,000 from the 2004 Commercial Revitalization Deductions for a building located at 1147 Cantwell Lane. SECTION 2. The City Manager or his designee is authorized to execute a certification to the Office of the Governor that the City of Corpus Christi has followed the procedure in its Allocation Plan, and to the best of his or her knowledge, each application approved in this Resolution is complete and meets the requirements of the commercial revitalization deduction program. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary CRD Resolution revitalization 051213 Henry Garrett Mayor 3 Approved: December 13, 2005 ary°W. Smith Assistant City Attorney for City Attorney CRD Resolution revitalization 051213 Corpus Christi, Texas of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott CRD Resolution revitalization 051213 4 28 AGENDA MEMORANDUM PUBLIC HEARING — ZONING ((t\ Council Action Date: 12/13/05) Case No. 1105 -03 -ATA O. AZALI, INC.: A change of zoning from "B-1" Neighborhood Business District and a "B-4" General Business District to a "B-1" Neighborhood Business District and a "B-4" General Business District with a "PUD -2" Planned Unit Development. The property is 1.58 acres out of a ,1.28 acre tract of Lot 2, Baldwin Moore Farm Lots. located east of South Padre Island Drive, west of Friendship Dnve and south of Westpoint Drive. Planning Commission and Staff's Recommendation (11/2/05): Approval of a "B-1" Neighborhood Business District and a "B-4" General Business District with a "PUD -2" Planned Unit Development, subject to a site plan. Requested Council Action: Approval of a "B-1" Neighborhood Business District and a `B-4" General Business District with a "PUD -2" Planned Unit Development subject to the attached site plan. Purpose of Request: Development of a hotel and parking lot under a Planned Unit Development -2 Summary: • The applicant has requested a Planned Unit Development -2 (PUD -2) under the current zoning of'B-1" Neighborhood Business District and "B-4" General Business District on 1.58 acres for the development a hotel and parking lot. • The subject property has undergone several changes of zonings within the past eight years. December 1997, a request to an "1-2" District was denied and, in lieu thereof was granted a Special Permit in the existing "R -1B" District for a warehouse. The warehouse did not develop within the time limit of the Special Permit, thereby the Special Permit expired and the property retained the "R -1B" District. March 2004, the subject site was rezoned to a "B-1" Neighborhood Business District along the northeast boundary to allow for a commercial store, and a'B-4" District on the remaining property for an auto sales use. • September 2005, a change of zoning was requested on a portion the "B-1" District along the northeast boundary for a hotel and parking lot. During the public hearing the applicant withdrew the request for a change of zoning, in order to meet with the neighborhood and address their development concerns. As a result of their meetings/conversations, the applicant submitted a zoning application for a Planned Unit Development - 2 (PUD -2) in an effort to satisfy concerns of all parties. • The subject property is proposed as a four story extended -stay hotel consisting of 42,984 square feet with 121 rooms. The hotel will extend into the "B-1" District to the north. Hotels are not permitted in a "B-1 "District, but could be accommodated under a Planned Unit Development -2 (PUD -2) • Per the ITE Trip Generation Manual, hotel uses typically generate 8.84 average weekday daily trips per 1,000 square feet of gross floor area of building or 380 daily trips for the hotel use. -\genda Memorandum Case No 1 I05-03 (ATA O. AZA[ 1, INC ) I'age 2 • North of the subject property is agriculture land and a welding shop in a B-1" District along with a "R -1B" District developed with single-family residences. To the south across S.P.I.D. is agriculture land zoned an "1-2" District. To the east is a "R -1B" District area developed as a church and single-family property and a"B-4" District area near the corner of Friendship Drive and S.P.1.D. developed with a vacant business building. • Property within the same block area of the subject property to the west is owned by the applicant. Development plans for the western area of the block are not available. Recommendation: Approval of the Planned Unit Development -2 (PUD -2) under the current "B-1" Neighborhood Business District and "B-4" General Business District subject to a site plan and the following eleven (1 1) conditions Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the `B-1" District is a hotel and parking lot. The existing "B-4" District permits hotels and parking lots Prohibited Uses: No amenities such as swimming pools, restaurants, bars or meeting rooms shall be allowed in the hotel or on the subject property. Building Location/Area: A four story hotel structure with a maximum of 121 rooms shall be located on the subject property with the main entry/check-in arrival area of the hotel facing west. 4. Building Setback Lines: The hotel shall be setback a minimum of 68.41 feet from the R.O.W. of Friendship Drive and a minimum setback of 33.48 feet from S.P.I.D. access road R.O.W. 5. Signage: Signage is permitted as allowed in the "B-1" and "B-4" Districts of the subject property. Directional signage for the hotel shall be permitted along Friendship Drive, West Point Road and South Padre Island Drive access drives only. Directional signage includes entrance and exit information and has a maximum square foot area of two (2) square feet. Company logos are not permitted on the directional sign. 6. Fencing: A minimum four (4) foot wrought iron fence shall be required and constructed along the north and east property lines of the subject property. 7. Lighting: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences, public -semi-public uses and public rights -of -ways. 8, Landscaping: In addition to the required landscaping for the subject property, landscaping of the fence area is required between the property line and fence area. One (1) canopy tree every 75 feet on center and shrubs every 5 feet on center between the trees shall be required along the fence area. Live ground cover and drip irrigation along the landscaped fence area shall be required. 9. Access: A full access drive along Friendship Drive, West Point Road and (S.P.I.D. - as approved by TX DOT) shall be permitted, per the site plan. The full access drive along Friendship Drive shall be designed and constructed to include a force right exit. 10. Detention Pond: A detention pond shall be allowed, per the site plan. Such detention pond area shall be label an unbuildable area/lot. genda Memorandum ase No I ;+)5-03 (ATA 0 AZAL I. INC ) ;,age 1 Time Limit: Construction of the hotel and parking lot shall be valid for one (1) year of the approved )rdinancv date of the PUD -2. Applicant's Position: The applicant is in agreement of recommendation. Notification: Of the seventeen (17) notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) were received in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunning, AICP Assistant Director of Development Services M(;IFGM/gp Attachments: Zoning Report Planning Commission Minutes Ordinance H PLN-Dli'SHAREia!l ORD AGENDMFMy200i November,1 t-(iiAGENDAMEMO doc CITY COUNCIL ZONING REPORT Case No. 1105-03 Planning Commission Hearing Date: November 2, 2005 Applicant: Ata O. Azali, Inc. °4 a Owner: Same as Applicant © a Agent: Melden & Hunt. Inc. Carlos Garza roperty Area: Being 1.58 res out of a 3.28 acre t of Lot 2, Baldwin Moore F c 0, LLots,, located eas of S P.I.D a west of Friendship Drive and south of Westpoint Ro darm Q .a Cl) Zoning Request From: "B-1" Neighborhood Business District and "B-4" General Business District To: "B-1" Neighborhood Business District and "B-4" General Business District with a Planned Unit Development -2 (PUD -2) . Area: 1 58 acres Purpose of Request Development of a hotel and parking lot under a Planned Unit Development -2 Existing Zoning and Land Uses Area Development Plan: Westside ADP Map: 05040 Zoning Violations: None Zoning Existing Land Use Future Land Use Site `B-1" Neighborhood Business District and 'B-4" General Business District Undeveloped Neighborhood Business and General Business North `B-1" Neighborhood Business District and "R -1B" One -family Dwelling District Agriculture and single- family Low-density and general business South "I-2" Light Industrial District Agriculture (across S.P.I.D.) Light Industrial East "R -1B" One -family Dwelling District and "B-4" General Business District Single-family residences, church, church community center and vacant business building Agriculture and Expressway area Low-density residential and general business Neighborhood business and light industrial West "B-1" Neighborhood Business District and "1-2" Light Industrial District Area Development Plan: Westside ADP Map: 05040 Zoning Violations: None /oning Report Case No. 1105-03 (Ata 0 Azali, Inc ) Pape 2 Stab's Summary • The applicant has requested a Planned Unit Development -2 (PUD -2) under the current zoning ofB-1" Neighborhood Business District and "B-4" General Business District on 1.58 acres for the development a hotel and parking lot. • The subject property has undergone several changes of zonings within the past eight years. December 1997, a request to an `I-2" District was denied and, in lieu thereof was granted a Special Permit in the existing "R -1B" District for a warehouse. The warehouse did not develop within the time limit of the Special Permit, thereby the Special Permit expired and the property retained the "R -1B" District. March 2004, the subject site was rezoned to a "B-1" Neighborhood Business District along the northeast boundary to allow for a commercial store, and a "B-4" District on the remaining property for an auto sales use. • September 2005, a change of zoning was requested on a portion the "B-1" District along the northeast boundary for a hotel and parking lot. During the public hearing the applicant withdrew the request for a change of zoning, in order to meet with the neighborhood and address their development concerns. As a result of their meetings/conversations, the applicant submitted a zoning application for a Planned Unit Development - 2 (PUD -2) in an effort to satisfy concerns of all parties. • The subject property is proposed as a four story extended -stay hotel consisting of 42,984 square feet with 121 rooms. The hotel will extend into the `B-1" District to the north. Hotels are not permitted in a "B-1"District, but could be accommodated under a Planned Unit Development -2 (PUD -2). • Per the ITE Trip Generation Manual, hotel uses typically generate 8.84 average weekday daily trips per 1,000 square feet of gross floor area of building or 380 daily trips for the hotel use. • North of the subject property is agriculture land and a welding shop in a B-1" District along with a "R -1B" District developed with single-family residences. To the south across S.P.I.D. is agriculture land zoned an "I-2" District. To the east is a "R -1B" District area developed as a church and single-family property and a'B-4" District area near the comer of Friendship Drive and S.P.I.D. developed with a vacant business building. • Property within the same block area of the subject property to the west is owned by the applicant. Development plans for the western area of the block are not available. coning Report ase No. 1105-03 (Ata 0 Azar, Inc Page 3 Street Type Paved Section 400' ROW w/ 200' Bk. to Bk. (Planned — Same) Volume (2001) 53,691 a.d.t. South Padre Island Drive (frontage road area) Expressway West Point Road ± Collector 60" ROW w/40'Bk. to Bk. (Planned -Same) 3,784 a.d.t. Friendship Drive Local 50" ROW w/28' Bk. to Bk. N/A z CI RS LRS The subject property is proposed for replatting for the hotel site, along with the remaining property to the west. The entire block area will be platted into a two (2) lot tract. Staff met with the developer on October 27, 2005 to discuss conditions of the PUD -2. On November 2, 2005 the developer, church representative and staff met to finalize conditions of the PUD -2. All parties are in agreement with developed conditions. Staff Recommendation Approval of the Planned Unit Development -2 (PUD -2) under the current "B-1" Neighborhood Business District and "B-4" General Business District subject to a site plan and the following eleven (11) conditions: 1. Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "B -l" District is a hotel and parking lot. The existing "B-4" District permits hotels and parking lots. 2. Prohibited Uses: No amenities such as swimming pools, restaurants, bars or meeting rooms shall be allowed in the hotel or on the subject property. 3. Building Location/Area: A four story hotel structure with a maximum of 121 rooms shall be located on the subject property with the main entry/check-in arrival area of the hotel facing west. 4. Building Setback Lines: The hotel shall be setback a minimum of 68.41 feet from the R.O.W. of Friendship Drive and a minimum setback of 33.48 feet from S.P.I.D. access road R.O.W. toning Report Mase No. 1105-03 (Ata O. Azali, Inc ) Pap.- 4 Staff Recommendation 5. Signage: Signage is permitted as allowed in the "B-1" and "B-4" Districts of the subject property. Directional signage for the hotel shall be permitted along Friendship Drive, West Point Road and South Padre Island Drive access drives only. Directional signage includes entrance and exit information and has a maximum square foot area of two (2) square feet. Company logos are not permitted on the directional sign. 6. Fencing: A minimum four (4) foot wrought iron fence shall be required and constructed along the north and east property lines of the subject property. I 7. Lighting: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences, public -semi-public uses and public rights -of -ways. 8. Landscaping: In addition to the required landscaping for the subject property, landscaping of the fence area is required between the property line and fence area. One (1) canopy tree every 75 feet on center and shrubs every 5 feet on center between the trees shall be required along • the fence area. Live ground cover and drip irrigation along the landscaped fence area shall be required. 9. Access: A full access drive along Friendship Drive, West Point Road and (S.P.I.D. - as approved by TX DOT) shall be permitted, per the site plan. The full access drive along Friendship Drive shall be designed and constructed to include a force right exit. 10. Detention Pond: A detention pond shall be allowed, per the site plan. Such detention pond area shall be label an unbuildable area/lot. 11. Time Limit: Construction of the hotel and parking lot shall be valid for one (1) year of the approved ordinance date of the PUD -2. C s as J o. Recommendation Approval of a "B-1" Neighborhood Business District and a'B-4" General Business District with a "PUD -2" Planned Unit Development, subject to a site plan. Number of Notices Mailed 17 Favor 0 Opposition 0 (As of October 27 , 2005) Attachment: Zoning Map Site Plan I3 .PLN -DI k..SHARED'.(iail'.WORD.ZONRPTC,NY' NO, ember -11O •} P0121 dot Y. . S P Ir T 0 3. - —� C '.�,,•�, �, R.I. E B-1 --- R` B m i ' B4 tow MOLINA DRIVE /_ e .A„ .140 1.2 \ B a ,t la IINUA VISTASI Hl-FI W D Z W 1-2 Q 2 03D CREIM Z1105,423 NoUc• BAWD Fat Tann Reel Darold R-TH Townhouse Dwelling District B-1 MHBILMwod Buwras District 1-2 Limit Industrial District RE Residential Estate DistrictR-2Mt[trpe DweanQ District 8-1A Neighborhood Business District 1-3 Heavy Id ustria District RA One Family Dwelling Diwia 8-2A Barrier Istand Business District 811 Special Penni( 1-1A Travel Troia Pak District R-1A One Family dieing District T-18 Manufactured Home Pk District 8-2 Baykmt Business District PDD Manned Unit Development HC Histedpl{udmst Landmark Preservation 8-112 One Family Dwelling District T-1C Me ulectured He 8re6vision District BD Corpus Christi Beach Design DistsiM R-1C Ono Family DwelFm District A-1 Apartment House District Ba Business District N A-IA Apartment House District CDy entwines MIMI, TX Gamed Bodiless District - 8-2 Apartment Horse District AT B6 Printery Business Districtw, Apartment-Tourist District ►� - _ 8d Printery Business Com District DOMINOS ionic. stM on.. AB Profession OMP District N Limited Industrial District - s 0Feet ACTUAL BUILDING Cq 08.41 ROM FRIENDSHIP DRIVE R_O.W 350 LF OF BUFFER FENCE FRIENDSHIP DR 45.0' R.O.W. 30.00' TO CENTER LINE Cess IIoS-off MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — September 7 , 2005 a 0805-02 ATA O. AZAL1, INC.: "B-1" Neighborhood Business District to a "B-4" General Business District Being 0.13 acre out of Lot 2 of the Baldwin Moore Farm Lots, located west of Friendship Drive, 275 feet north of South Padre Island Drive and 175 feet south of West Point Road. Request: Change of zoning from "B-1" Neighborhood Business District to a "B-4" General Business District Excerpts from Zoning Report Legal Description/Location. Being 0.13 acre out of Lot 2 of the Baldwin Moore Farm Lots, located west of Friendship Drive, 2 75 feet north of South Padre Island Drive and 175 feet south or' West Point Road Purpose o/Request Additional land area needed for the proposed hotel and parking lot site to the south. Area Development Plan: Westside ADP Department Comments The requested "B-4" District is an expansion of the "B-4" District to the south. Staff Recommendation: Approval of the "B-4" General Business District Ms. Goode -Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. This is a request for a "B-4" zoning for the purpose of development of a 4 -story 12- unit hotel and parking lot with Friendship church located directly across the street on Friendship Drive. Chairman Stone opened up the public hearing. Reverend Kevin Pullam, representative of Friendship Church, 1426 Trojan Dr., Corpus Christi. Rev. Pullam stated that he is speaking on behalf of the Church and that they are opposed to this rezoning. The reasons behind the opposition are the dangerous traffic issues to youth and children with the only entrance to the hotel being on Friendship Drive, a local street. Rev. Pullam stated that several months ago a group of investors purchased this property and rezoned it as a "B-4" for the purpose of a used car lot, or retail business, etc., and agreed to encumber the far corners of the frontage road of SPID and West Point thereby leaving Friendship Drive free from additional traffic. They have since sold the property and the Church is facing the same problem as before. This area proposed for the entrance is basically a two lane road and is very close to our church and congregation. Rev. Pullam further stated that the Church has concerns as to the guidelines of the establishment, possible liquor to be sold, and plans for the entrance and exit locations. In answer Mr. Brazelton's question, Ms. Goode -Macon stated that the property was previously a "R-1 B"district in 1996, a "B-1 and "R -1B" district in 1997 and in 2004 zoned a "B-1" and "B-4" district. Planning Commission Minutes :ase No. 0805-02 (ATA O. AZALI, INC.) Page 2 Mr. Carlos Garza, Chief Engineer, 115 W. McIntyre, Edinburg, TX 78541, stated that this project l be an extended stay hotel with no swimming pools or bars. .As such, it will not have the same traffic concerns as a regular motel might have. The surrounding area has primarily commercial properties facing the SPID frontage road. The reason we are requesting this small portion of land (.013 acre) is that the footprint of the building will touch on the "B-1" portion of the property and the building cannot sit on a 'Bl". The parking lot would have the capabilities to infringe but not the building. The route currently suggested for entrance onto the hotel would be to take the exit previous to West Point, and loop down and around and onto Friendship Drive. Commissioner Huerta stated that it might be more feasible to have access from West Point. Mr. Garza responded that there is not a de -acceleration lane when exiting West Point from SPID and they feel that would pose a hazard because of the space available once you take the West Point off ramp.. Mary Frances Teniente responded that the de -acceleration lane needs to be 150 feet from the access lane off of SPID which would be feasible. Mr. Garza responded by saying that they would have to resize the other lot to be much bigger than it needs to be to do that. Mr. Butch Ness, Value Village, 8621 E. 21st Street, Wichita, KS, stated that Value Village is proposing a residence inn with stays averaging from seven (7) days to approximately two to three weeks. Traffic volume is minimal. 'There will be no meeting rooms, swimming pools, and all entry ways are interior accessed In answer to Commissioner Zamora's question regarding tabling the case, Mr. Ness stated that they have looked at many different options for the entrance. Mr. Garza stated that both he and Mr. Ness desire to work with the Church group present and requested a recess to discuss different options. Motion for recess of the public hearing on Case No. 0805-02 was made by Commissioner Salazar and seconded by Commissioner Zamora and was approved unanimously. The Commission reconvened the public hearing. After conferencing with Friendship Church, Mr. Garza stated that as representative for the applicant they had decided to withdraw their application for a "B-4" General Business District and will resubmit a request for a "PUD -2" Planned Unit Development. They will meet with the Church and neighborhood to develop a site plan and conditions. El L-N-DIR1SHAREDU;ail1WORD AGENDMEM'2005`:November\0805-O2Minutes Excerpt(AZALI).doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 2, 2005 i 05-03 ATA 0. AZALI, INC.: "B-1" Neighborhood Business District and "B-4" General Business District to a "B-1" Neighborhood Business District and "B-4" General Business District with a "PUD -2" Planned Unit Development Being 1.58 acres out of a 3.28 acre tract of Lot 2, Baldwin Moore Farm Lots, located east of South Padre Island Drive, west of Friendship Drive and south of Westpoint Drive. Barbara Holly stated that a portion of this property was presented to Planning Commission for rezoning consideration on September 7, 2005 to a "B-4" General Business District. At the meeting, the rezoning sustained opposition from the Friendship Church and the applicant decided to withdraw the case to meet with the Church and discuss concerns. The zoning request would retain the existing zoning classification of "B-1" and "B-4" District with a "PUD -2" Planned Unit Development. Mrs. Holly stated that the main access to the hotel will be located on West Point Road. Secondary access on Friendship Drive only will be provided with a force right exit provided in the driveway design. The rear area of the iot will be an unbuildable area and serve as a detention pond. The Church and applicant have agreed to a 4' wrought iron/ornamental fence and there will not be a gate located on the Friendship Drive side. One 1) canopy tree every 50 feet on center and shrubs every five feet between the trees will be provided. Staff recommends approval of the request subject to a site plan and nine (9) conditions. Public hearing was opened. Kevin Pullman, Friendship Church. Mr. Pullman stated that he appreciated the cooperation given to this rezoning and was satisfied with the results and stated that the 4' wrought iron fence was acceptable. (�arlos Garza, Melden & Hunt, Project Engineer for the project. Mr. Garza stated after meeting with the Church, he felt that the church concerns had been met and wanted to thank Staff and the Church for their cooperation. Mr. Garza stated that Value Place would include no amenities, pools or meeting rooms and there will be a detention pond constructed 1' in depth with landscaping as per City requirements. There will be two (2) signs on the building itself with a sign near the entrance. Public hearing was closed. Motion for approval was made by Commissioner Braselton and seconded by Commissioner Zamora subject to the site plan submitted. Motion passed unanimously with Chairman Stone being absent. With approval of zoning in place, motion for approval of following plat was made by Commissioner Braselton and seconded by Commissioner Pusley. Motion passed unanimously with Chairman Stone being absent. H: PLN-DIR,SHARED'.(,ailAWORD`.AGENDMEM\2005',NovemberAI I05-03Minutes Excerpt.doc Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ATA O. AZALI, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO 1.58 ACRES OUT OF A 3.28 ACRES TRACT OF LOT 2, BALDWIN MOORE FARM LOTS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT WITH A "PUD -2" PLANNED UNIT DEVELOPMENT SUBJECT TO A SITE PLAN AND ELEVEN (11) 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 ATA O. AZALI, INC. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 2005, during a meeting of the Planning Commission, and on Tuesday, December 13, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.58 acres out of a 3.28 acre tract of Lot 2, Baldwin Moore Farm Lots, located east of South Padre Island Drive, west of Friendship Drive and south of Westpoint Drive, from "B-1" Neighborhood Business District and "B-4" General Business District to B-1" Neighborhood Business District and "B-4" General Business District with a Planned Unit Development 2 (PUD -2), as shown on the attached Exhibit. (Map 050040) SECTION 2. That the Planned Unit Development 2 (PUD -2) granted in Section 1 of this Ordinance is subject to a site plan and the following eleven (11) conditions: . Permitted Use: The only use allowed for the subject property other than the uses permitted by right in the "B-1" District is a hotel and parking lot. The existing "B-4" District permits hotels and parking lots. r.1L'-G-DIR.Joseph \Zoning -05\1105-03 regular da: Page 2 of 4 2. Prohibited Uses: No amenities such as swimming pools, restaurants, bars or meeting rooms shall be allowed in the hotel or on the subject property. 3. Building Location/Area: A four story hotel structure with a maximum of 121 rooms shall be located on the subject property with the main entry/check-in arrival area of the hotel facing west. 4. Building Setback Lines: The hotel shall be setback a minimum of 68.41 feet from the R O.W. of Friendship Drive and a minimum setback of 33.48 feet from S.P.I.D. access road R.O.W. 5. Signage: Signage is permitted as allowed in the "B-1" and "B-4" Districts of the subject property. Directional signage for the hotel shall be permitted along Friendship Drive, West Point Road and South Padre Island Drive access drives only. Directional signage includes entrance and exit information and has a maximum square foot area of two (2) square feet. Company logos are not permitted on the directional sign. 6 Fencing: A minimum four (4) foot wrought iron fence shall be required and constructed along the north and east property lines of the subject property. 7. Lighting: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences, public -semi-public uses and public rights -of -ways. 8. Landscaping: In addition to the required landscaping for the subject property, landscaping of the fence area is required between the property line and fence area. One (1) canopy tree every 75 feet on center and shrubs every 5 feet on center between the trees shall be required along the fence area. Live ground cover and drip irrigation along the landscaped fence area shall be required. 9. Access: A full access drive along Friendship Drive, West Point Road and (S.P.I.D. as approved by TX DOT) shall be permitted, per the site plan. The full access drive along Friendship Drive shall be designed and constructed to include a force right exit. 10. Detention Pond: A detention pond shall be allowed, per the site plan. Such detention pond area shall be label an unbuildable area/lot. 11 Time Limit: Construction of the hotel and parking lot shall be valid for one (1) year of the approved ordinance date of the PUD -2. 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, H'\LEG-DIR\Joseph\Zoning-05\1105-03 regular doc Page 3of4 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 7. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph Ijarney Assistant City Attorney For City Attorney 2005 H•'LEG-DIR\Joseph\Zoning-05\1105-03 regular.doc Henry Garrett Mayor, The City of Corpus Christi Page 4 of 4 Corpus Christi, Texas day of __, 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E Marez Bill Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H \LEG-DIRVoseph\Zoning-0511105-03 regular doc ' ACTUAL BUILDING ® 68.41' FROM FRIENDSHIP DRIVE R.0 Ni FRIENDSHIP DR. 45.0' R.O.W. 30.00 TO CENTER LINE 29 AGENDA MEMORANDUM PIBLI(: HEARING — ZONING (City Council Action Date: 12/13/05) Case No. 1005 -01 -Southside Ventures, L.P.: A change of zoning from "R -1B" One -family Dwelling District to an "A -1A" Apartment House District on Tract 1; an "A-2" Apartment House District on Trac! 2. and a 'B-1" Neighborhood Business District on Tract 3. The property is 27.02 acres out of Lots 1 and 2, Block 11, out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive. Planning Commission and Staff's Recommendation (11/2/05): Denial of an" A -1A" Apartment House District on Tract 1 and in lieu thereof, approval of an "A-1" Apartment House District; denial of an "A-2" Apartment House District on Tract 2 and in lieu thereof, approval of a "R-1B"/SP One- fami ly Dwelling District with a Special Permit for townhomes; and approval of a `B-1" Neighborhood Business District on Tract 3. Requested Council Action: Denial of an" A -1A" Apartment House District on Tract 1 and in Lieu thereof approval of an "A-1" Apartment House District; denial of an "A-2" Apartment House District on Tract 2 and in lieu thereof, approval of a "R-1B"/SP One -family Dwelling District with a Special Perniit for townhomes; and approval of a "B-1" Neighborhood Business District on Tract 3. Purpose of Request: Tract 1 -- Medium -density apartments Tract 2 - High-density apartments Tract 3 Commercial development Summary: The applicant is requesting a change of zoning on three tracts from "R -1B" One -family Dwelling District to an "A -1A" Apartment House District on Tract 1; an"A-2" Apartment House District on Tract 2; and a "B-1" Neighborhood Business Distnct - Tract 3. Tract 1 • 'Hie subject property consists o1' 9.46 acres with future frontage along Snowgoose Road extension. • A specific development plan proposed for the "A -1A" District apartment use is not available from the applicant. However, staff estimates that approximately 206 apartment units could be provided on site. • Water/wastewater demand for 206 apartment units would generate a demand of 51,500 gallons daily and solid waste demand of 1,833 lbs. • Property to the south is zoned "A-1" Apartment House District is development as a multi -family complex. The "A-1" District permits 21.78 units per gross acre and 29.04 units per gross acre in the "A -1A" District. Agenda Memorandum Case No. 1005-01 (Southside Ventures. l P ) Page 2 Tract 2 • The subject property consists of 9.71 acres with the future frontage along Snowgoose Road extension. • Along the north area of the property is a drainage channel that is planned for future enhancement. The City is pursuing condemnation of a 78 ' wide strip of land for the Club Estates Channel Improvements Phase 2. The applicants for zoning case do not own the land at this time but have option. Staff continues to discuss applicant's needs with their engineering consultant. • A specific development plan proposed for the "A-2" District apartment use was not available from the applicant. However, staff estimates that approximately 264 apartment units could be provided on site. • Water/wastewater demand for 264 apartment units would generate a demand of 66,000 gallons daily and solid waste demand of 2,349 lbs. • Property to the south is proposed for rezoning to an "A -1A" Apartment House District. To the north is a drainage easement and a multi -family complex zoned an "A-2" Apartment House District. The requested "A-2" District permits 36.30 units per gross acre. Tract 3 • The subject property consists of 7.85 acres with frontage along Everhart Road and the future Snowgoose Road extension. • A specific development plan for the requested "B-1" Neighborhood Business District is not available from the applicant. Typically one acre is needed for each 10,000 square feet of commercial store area. The subject property could accommodate a commercial store area, minus parking and landscaping area, of approximately 58,875 square feet. Neighborhood commercial centers are characterized as unenclosed structures that are usually 100,000 square feet or Tess. Community commercial centers generally contain 150,000 to 300,000 square feet on a fifteen (15) to thirty (30) acre tract. Regional commercial centers are between 500,000 to 2 million square feet on fifty (50) to two -hundred (200) acres. • Water/wastewater demand for a 7.85 acre commercial use would generate a demand of 15,700 gallons daily and solid waste demand of 2,352 lbs. • Property to the north is a drainage ditch and a multi -family complex zoned "A-2" Apartment House District. Along the south is an "A-1" Apartment House District developed as a multi- family use. West of the subject property the applicant is requesting a change of zoning to allow for multi -family development. Across Everhart Road is a "B-1" Neighborhood Business District developed with commercial uses and an "A-1" Apartment House District developed with multi- family. • Commercial development along an intersecting arterial and collector roadway is an acceptable planning practice. Such development along such intersection points is preferred over stripping arterial and collector corridors with commercial sites. Agenda Memorandum Ease Na 1'05-01 (Southside Ventures, P Page 2 Recommendation: Tract 1 — Denial of the "A -IA" Apartment House District on Tract 1 and in lieu thereof, approval of an "A -I" Apartment House District Tract 2 -- Denial of the "A-2" Apartment House District on Tract 1 and in lieu thereof, approval of an "R -1B" One -family Dwelling District and Special Permit for town homes. Tract 3 - Approval of the "B-1" Neighborhood Business District. Applicant's Position: The applicant is in agreement of recommendation. Notification: Of the thirty-six (36) notices mailed to the surrounding property owners, zero (0) were returned in favor and four (4) were received in opposition. The 20% rule is not invoked. This case is considered non -controversial but could generate questions from neighborhood residents. Michael N. Gunning, AICP Assistant Director of Development Services MG/FGMigp Attachments: I) Zoning Report 2) Planning Commission Minutes (10/19/05, 11/2/05) 3) Ordinance with Metes & Bounds/Map of Alternative Site H: `:P I, N - DIK,SHAREI)(iail WORD'- AGENI)MI M`2O09Uc tober. 00501 At; FNDAM EMO.duc CITY COUNCIL REVISED ZONING REPORT Case No. 1005-01 Planning Commission Hearing Date: October 19, 2005 and November 2, 2005 oe cu .,, c 411j c 'C ZIColony Z. .e Applicant: Southside Ventures L.P. Owner: Nueces Real Estate Partnership, I. P. - Bryan Harris Agent: Dan Caballero Property Area: Being 27.02 acres out of Lots 1 and 6, Block 11 out of Bohemian Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snow goose Drive ;, cr 40 a o N From: "R-1 B" One -family Dwelling District To: "A -1A" Apartment House District - Tract 1 "A-2" Apartment House District - Tract 2 "B-1" Neighborhood Business District - Tract 3 Area: Tract 1 - 9.46 acres Tract 2 - 9.71 acres Tract 3 - 7.85 acres Total - 27.02 acres Purpose of Request: Tract 1 - Medium -density apartments Tract 2 High-density apartments Tract 3 Commercial development 1 b .4 cis o •- oN a '� Zoning Existing Land Use Future Land Use Site "R -1B" One -family Dwelling District Agriculture Low-density residential ; North "A-2" Apartment House District High-density apartments and drainage channel Multi -family development South "A -I "Apartment House District Medium -density apartments Multi -family development and low-density residential East "A-1" Apartment House District and "B- 1" Neighborhood Business District Low-density apartments and commercial development Multi -family development and commercial development West "R -1B" One -family Dwelling District Elementary school and agriculture land Public/Semi-public use and low-density residential ADP, Map & Violations Area Development Plan: Southside - The future land use map indicates low-density residential. A modification to the plan would be required in allowing for a higher -density residential use similar to that along the north boundary area. Development of a limited area of neighborhood commercial along Everhart Road (arterial) and the extension of Snowgoose Road (collector) is acceptable Map: 047033 Zoning Violations: None toning Repan 'ase No l'i+)5-0I (Southside Ventures, -. P Pa� The applicant is requesting a change of zoning on three tracts from "R -1B" One - family Dwelling District to"A-1A" Apartment House District - Tract 1, "A-2" Apartment House District - Tract 2 and "B-1" Neighborhood Business District - Trac i i Tract 1 • fhe subject property consists of 9.46 acres with future frontage along Snowgoose Road extension. • A specific development plan proposed for the "A -1A" District apartment use was not available from the applicant. However, staff estimates that approximately 264 apartment units could be provided on site. • Water/wastewater demand for 206 apartment units would generate a demand of 51,500 gallons daily and solid waste demand of 1,833 lbs. • Property to the south is zoned "A-1" Apartment House District is development as a multi -family complex. The "A-1" District permits 21.78 units per gross acre and 29.04 units per gross acre in the -A-1A" District. Tract 2 • The subject property consists of 9.71 acres with the future frontage along Snowgoose Road extension. • Along the north area of the property is a drainage channel that is planned for future enhancement. The City has obtained Council resolution to file suit for condemnation of a 78 ' wide strip of land for the Club Estates Channel Improvements Phase 2. The applicants for zoning case do not own the land at this time but have option. Staff continues to discuss applicant's needs with their engineering consultant. • A specific development plan proposed for the "A-2" District apartment use is not available from the applicant. However, staff estimates that approximately 264 apartment units could be provided on site. • Water/wastewater demand for 264 apartment units would generate a demand of 66,000 gallons daily and solid waste demand of 2,349 lbs. ='oning xepon ase No 10ui-01 (Suuthstde Ventures, 1 P Pa'e 3 E E 1D • Property to the south is proposed for rezoning to an "A -1A" Apartment House District. To the north is a drainage easement and a multi -family complex zoned an A-2" Apartment House District. The requested "A-2" District permits 36.30 units per gross acre. Tract 3 • The subject property consists of 7.85 acres with frontage along Everhart Road and the future Snowgoose Road extension. • A specific development plan for the requested "B-1" Neighborhood Business District is not available from the applicant. Typically one acre is needed for each 10,000 square feet of commercial store area. The subject property could accommodate a commercial store area, minus parking and landscaping area, of approximately 58,875 square feet. Neighborhood commercial centers are characterized as unenclosed structures that are usually 100,000 square feet or less. Community commercial centers generally contain 150,000 to 300,000 square feet on a fifteen (15) to thirty (30) acre tract. Regional commercial centers are between 500.000 to 2 million square feet on fifty (50) to two -hundred (200) acres. • Water/wastewater demand for a 7.85 acre commercial use would generate a demand of 15,700 gallons daily and solid waste demand of 2,352 lbs. • Property to the north is a drainage ditch and a multi -family complex zoned "A-2" Apartment House District. Along the south is an "A-1" Apartment House District developed as a multi -family use. West of the subject property the applicant is requesting a change of zoning to allow for multi -family development. Across Everhart Road is a "B-1" Neighborhood Business District developed with commercial uses and an "A-1" Apartment House District developed with multi- family. • Commercial development along an intersecting arterial and collector roadway is an acceptable planning practice. Such development along such intersection points is preferred over stripping arterial and collector corridors with commercial sites. Street R.O.W. Street Type Paved Section Volume (2001) Everhart Road Arterial 80' R.O.W. w/ 62' Bo to Bo pavement 22,820 i.e. Snowgoose Road Collector 70' R.O.W. w/48' Bk to Bk pavement 3,880 a.d.t ,coning Report .;ase No 1015-01 (Southside Ventures, ;_P O V aPrior f to issuance of a building permit platting of the property is required. E $ it E a. c p U During the October 19, 2005 Planning Commission public hearing the case was tabled until November 2, 2005, in order for the applicant and neighborhood to meet and discuss development options for the property. City staff, the applicant and neighborhood representatives met on October 26, 2005 to discuss the case. A recommendation for the three tracts were agreed upon by all parties and is being forwarded for approval. a 4 as ,, U, E E u w Tract I - Denial of the "A -1A" Apartment House District on Tract 1 and in lieu thereof, Approval of a "A-1" Apatturent House District Tract 2 --Denial of the "A-2" Apartment House District on Tract 2 and in lieu thereof, Approval of a Special Permit in the "R -1B" One -family Dwelling District for the development of townhomes Tract 3 - Approval of the "B-1" Neighborhood Business District a 0 a •oy 4 'o •- v E 8 zs a, o 0 U d Z Approval of "A-1" Apattutent House District on Tract 1, a "R-1B"/SP One -family Dwelling District with a Special Permit on Tract 2. and approval of a "B-1" Neighborhood Business District on Tract 3. h 7 E .z E al c Ce Number of Notices Mailed 19 Favor 0 ! Opposition 1 (As of October 26. 2005 Attachments: Zoning Map 11 T'LIN MP SHARED T PWORD ZONKPTS 2005,0c'obcr\1005_(1( (I FPORI.doc -2_ ,s40,R-1 B A -2- ,s40w''), ��; � iii ; ; . sFRo � ���� ',; j//- Subjec Parcel __fr '' /°� soar ;, ;, /,!/', �' B-1/SP 3e .,. rw� R-1 B 2 - 'lye, .. C - 0122 .rte. ��� /� k 00 �/ ems; e - ,, -'.Z."—`5!";< _:;; FE Farm Rural District HE Residential Estate District =:'A One Family Dwelling Disuia 1A One Family Dwelling Dlshia u.te One Family Dwelling DisuiaHC - tr. One ram•ly Dwelling Distr,C .5)..mO 1 B-1 Neighborhood BUSlneSS District B -1A Neighborhood Business District Barrier Island Business District 8-2 Bayfront Business District BD Corpus Christi Beach Design District B-3 Business District 0-4 General Business Oistrict B-5 Primary Business District BE Primary Business Cora District 1 Limited Industrial District - � J the % 1-2 light Industrial District I-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development Historical -Cultural Landmark - .,, IF`. r `1 �,'I 11, f , - s 0 200 Man Preservation Ci 400 Feet case m 100 R-,. lownH.nuse Dwelling ()is,. I R -r Multiple Dwelling District r-1 r. Travel trailer Park TustinB-2A 7-1E, Manufactured Hume Park District T-1 i. Manufactured Home Suboivision District A.,. Apartment Mouse Deslnci A -1L Apartment House Dishici A-2 apartment Nouse Disiricl Al Apartment To ist Dislricl AB Professional Office 0isiru City of Corpus Christi, T% ��- 1tA 55 �. :i l,• - AIM _" Dewme.m of D.velo9m^m s«.ice B-4 Or jam{! R-16 W� ryr rc je M1�efM Eejh 2V rP $?0 e� y R -1B A-1 ` 7/ • X y' ai l r� iX • ( e y, � ie �Thv. �� `F a\n / A-2 I ii.: CASE 1005-04 �� f`• /, R-1 C R-18[ CASE Z1005-01// R-18 ri 1r' °� �" e; R -1B A-1 ices ry• rx .� R1B 44. �a « ' y i.etlitI`•�.��e v / Grp . .—� /� R-2� < �%t %iY / �C.qI CJ F� f __ F.F Farm Rural District RE Residential Estate District RA One Family Dwelling Distil. 8.1* One Finney Dwelling DistractT.1B R.'S Ona Famny Dwelling Distract R= l; Ono Famny Dwelling Destro 1T i Applicant & Neighborhood & Staff Zoning Recommendation R-TH Townhouse Dwelling District B-1 Neighborhood Business District R3 Multiple Dwelling District 13-1A Neighborhood Business District -1A navel troller Park Omtnct 13.2A Barrier Island Business District Manufactured Home Park District 8.2 Bayfront Business District T -IC Manufactured Horne Subdivision Dieinc r BD Corpus Christi Beach Design District Ail Apartment House District 8.3 Business District A -1A Apartment House District Bd General Business District A-2 Apartment House District B-5 Primary Business District AT Apartment Tourist District 8-6 Primary Business Core District AB Profasslonai Office Distract -1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development HC Historical -Cultural Landmark Preservation N - W' � 'E _ J City of Corpus Christi, TX... e.. _ �I 1�� Ys�'4�I,y�MOM 1. { e ppertnent M pvelopment Services - s 0 400 800 Feet 1 t. y5j / 4.4v/ w' Cases Z1005-02 CASE 1005-04 R-18 and Z1005-03 withdrawn ,,,,,� B-4 i , /, ,./.., / }� X91�1/i .e" �� '`, "� I e.e. � 1 w CASE Z1005-03oP A?P� �� % , tf 0 z a P /� CASE 21005-02 �» A-2 R-1 C .1 ::°t CASE Z1005-01 p� R-18 A-1 i� R 1Bk`,,,, R 1C � .h y A-1 2, / /• / ° ya T e'er 0/rlitt f� !. � -.y r-,..,5..rir; '`'�etrtce' -,`, rap) "' Nett JJJ...JJ Pit Farm Burs: District R-TH Townhouse Dwelling District 8-1 Neighborhood Business District 1-2 Light Industrial District RE 0.asidenlul Estate District R.2 Multiple Dwelling District 8-1A Neighborhood Business District 1-3 Heavy Industdal District RA One Family Dwelling Diatriu T.tq Travel Toiler Park District B-2A Barrier Island Business District SP Spacial Permit R-1a One Family Dwelling Dinhui'1B Manufactured Home Park District 6.2 Bayfront Business District PUD Planned Unit Development R-18 One Family Dwelling District TAC Manufactured Home Subdivision District 8D Corpus Christi Beach Design District HC Historical-Cultural Landmark Preservation R-1C One Family Dwelling Distric t 44 Apartment House District 8.3 Business District N City of Corpus Christi, TX 4-1A Apartment House Distncl 8< General Business District >- IMpwtmafl f 1 iIIW1IIW���� _ or eevelopm0M r� '- s.nice. A-2 Apartment HYuae District, 8-5 Primary Business District W AT Apartment-Tourist Dlstrlct Bit Primary Business Core District AB Professional Office 0,50,41 I-1 Limited Industrial District 0 ,E - s 400 800 Feet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — October 19, 2005 1 New Zoning a. 1005-01 Southside Ventures, L.P.: R -1B" One Family Dwelling District to an "A -1A" Apartment House District on Tract 1, an "A-2" Apattuient House District on Tractt and a "B-1" Neighborhood Business District on Tract 3 Being 26-90 acres out of Lots 1 and 2, Block 11, out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive Request: A change of zoning on three tracts from "R -1B" One -family Dwelling District to "A -1A" Apartment House District on Tract 1, an "A-2" Apartment House District on Tract 2 and a `B-1" Neighborhood Business District on Tract 3 f.ceerpts from Zoning Report Legal Description/Location. Being 27.02 acres out of Lots 1 and 6, Block 11 out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive. Purpose of Request Tract l Medium -density apartments Tract 2 — High-density apartments Tract ? Commercial development Area Development Plan: Southside -- The future land use map indicates low-density residential. A modification to the plan would be required in allowing for a higher -density residential use similar to that along the north boundary area. Development of a limited area of neighborhood commercial along Everhart Road (arterial) and the extension of Snowgoose Road (collector) is acceptable Department Comments: The property is subject to platting, whereby the extension of Snowgoose Road will he required along the subject property. .taff. Recommendation. Approval of the "A-1 A' Apartment House District — Tract 1 Approval of the "A-2- Apartment House District — Tract 2 Approval of the "B-1" Neighborhood Business District — Tract 2 In answer to Commissioner Huerta question regarding rain water and drainage problems, Faryce Goode -Macon stated that for whatever development plan, storm water issues for that area will be addressed at the time of platting, Mary Frances Teniente stated that there was an existing ditch in that area and there are improvements that are being planned to handle some of the erosion problems that are occurring; however, funding is not yet available in answer to Commissioner Braselton's question. there is a project for Everhart in the Bond program Harming Cemanssion Minute ase No I -01 Page 2 In answer to Commissioner Salazar's question regarding traffic volume, Faryce Goode -Macon stated the apartment zoning would double by a 1,000 cars. Staff states they are comfortable for that increase along Weber and Everhart Roads. In answer to Commissioner Pusley's question regarding the reasoning behind the apartment classification, Faryce Goode -Macon stated that the requested "A-1" District would be an extension of the apartments to the south. It is the City's intent to buffer the proposed apartment district with similar development. After review of the "A2" District and the ditch to the north, Staff supports apartment development especially next to the "B-1" Neighborhood Business District. Chairman Stone opened up the public hearing. Gordon Hightower, 4179 Crenshaw, Corpus Chnsti, TX. We are concerned about property values and the school's overcrowding and the increase of traffic. We are not opposed to the single family dwellings but we are opposed to apartments and town homes and the increase in crime, traffic and increased noise. We are already experiencing problems with wastewater. Mr. Hightower also stated that he felt it was unfair that there were such a limited number of notices sent out. Mr. Gunning responded to Mr. Hightower regarding the notices and outlined the state law requirements and stated there was zoning signs displayed when there is a new zone request. Daniel Salazar, Adrianna Street, Corpus Christi. TX. I am worried about the traffic flow in the area and the small children. I am also worried about the water pressure. Tony Gonzalez, Weber Street, Corpus Christi, TX. Our neighborhood consists of a lot of young families, We looked at the residential zoning and that's why we moved here. We are very against this zoning Todd Bellow, Crenshaw St., Corpus Christi, TX. Mr. Bellow stated that the zoning signs were not visible from the street. Mr. Bellah stated his desire that the decision on the zoning be extended to enable a petition being signed by the surrounding neighborhoods. Mr. Bellah also stated that the schools are very overcrowded. With apartment development, we will be experiencing more crime, drug traffic and increased traffic. We also are concerned about property values and drainage problems. The rezoning Includes extending Aaron where it deadends and join into Grand Junction which is already overcrowded. Michael Gunning stated that the 20% rule is only in effect at the City Council hearing and the earliest this case will be heard is sometime in mid December so there should be plenty of time to gain petition signatures. Mr. Gunning clarified that the 20% rule is based on the ownership of the land that constitutes 20% or more of the land. Ray Barron, 4650 Wales Drive, Corpus Christi, TX. Our main concern is the transient population that will occur with multi -family housing. It is a large influx of people. Mr. Barron stated that he felt an environmental impact study should be done. Mr. Barron also inquired the possibilities of the City of Corpus Christi changing the law for the notification area Chairman Stone stated it was something that needed to be taken up with the State. Mr. Barron stated that the signs were difficult to read and there are no signs displayed in the school vicinity 1'lammnL. Commission Alinutes 'ase No. 1(,05-01 (Southside Venrures, 1'agc Mr. Gunning stated that other areas have increased the notification area but then you are bringing other neighborhoods into the notification area that would not be affected. Mr. Gunning stated that we notify surrounding schools of the rezoning, neighborhood associations and display visible signs. John Kendall, 6618 Vienna St., Corpus Christi, TX. Mr. Kendall stated he is working with Southside Ventures on this project and working with Staff to alleviate some of the neighborhood's ,2oncerns Mr. Kendall stated a good portion of the development will be single family residential and trying o provide good development for the neighborhood. Ir: answer to Commissioner Braselton's question. Mr. Kendall stated that the only zoning abutting up to single family is the "A-2" zoning request which would be located behind the "B-4" zoning. Mr. Kendall also stated that there has been some talk with Staff about improving traffic access and proposing a street ( ommissioner Huerta stated that this request is a change in 50% of land use and this is not viewed as a good balance ( ommisstoner Pusley inquired if there was a possibility to table these (4) cases and give an opportunity for the neighborhood and the developer to discuss the concerns surrounding this project. Mr. Salazar stated that he had no problem with the "R-2" zoning under Cases 1005-02 and 1005-03. Mr. Salazar further stated that it might be in the best interest of the developer to take time to speak with the neighborhood. Ms. Goode -Macon stated that on the "R-2" zoning, that approximately 50 units could be developed on the site Mr. Dan Caballero, 5338 Greenbriar, Corpus Christi, TX., developer for the project. Mr. Caballero stated that the plans call for 300 homes to be developed and they are trying to relocate the apartments in the best possible way. Mr. Caballero stated that he felt that the neighborhood had not viewed the overall map and don't have a full idea of the project. He stated that ordinances will be issued for landscaping to help deflect the different zoning. Mr. Caballero also stated that information had been received to extend the drainage ditch by '0 feet. in answer to Commissioner Pusley's question, Mr. Caballero stated that he preferred not to table it and would like to move forward with the development. Commissioner Pusley stated that he had a fair amount of opposition which might prove to be difficult for him. Mr. Gunning stated to Mr. Caballero that if he moved forward and was denied zoning he would not be able to apply for 12 months. It might be a good idea to meet with the neighborhood and explain in more detail what his plans are. We are making copies of the consolidated rezoning map so the neighbors can have a copy. to answer to Commissioner Huerta's question, Mary Frances Teniente stated that the widening of the ditch would be from Sanders to Everhart. 1.aura Salazar, 7021 Anastasia Dr.. Corpus Christi, TX. Mrs. Salazar stated that their neighborhood is a small area in Royal Court Estates with three separate cul de sacs and a dead end street. When we moved in, we built our house where we believed it would stay single family residential. Opening up Anastasia and rezoning the area to apartment housing, would subject our children to a high flow of traffic. At this time, there are no apartment complexes in our area. Panning Commission Minute, ase No OfIs-01 Page - Joann Salgi. 4147 Crenshaw, Corpus Christi, TX. Mrs. Salgi stated she has lived in her single family home since 1982. Ms. Salgi stated that Greenbriar Street where Mr. Caballero resides is not part of our neighborhood. The new HEB is also not part of our neighborhood. All of the schools are full and with a multi -family zoning, it will be a detrimental impact for the schools. Public hearing was closed Ms. Goode -Macon read the Zoning Cases #'s 1005-01 - #1005-04 into the record. Commissioner Pusley suggested tabling the hearing. The public hearing was opened for the other cases. No one in favor or opposition. The public hearing was closed. Mr. Kendall stated that after talking with the developer they had decided to table the case. Motion made by Commissioner Pusley and seconded by Commissioner Martinez to table all four cases until the November 2"d hearing. Motion passed unanimously with Commissioner Zamora being absent H'\PLN-DIR'SHARED,GailAWORDAAGENDMEM\2005\October\1005-01.2Minutes Fxcerpt.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 2, 2005 1 Tabled Zoning a 1005-01 Southside Ventures, L.P.: "R -1B" One Family Dwelling District to an "A -1A" Apartment House District on Tract 1, an "A-2" Apartment House District on Tract 2, and a "B-1" Neighborhood Business District on Tract 3 Being 26.90 acres out of Lots 1 and 2, Block 11, out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive This proposed rezoning is located along Everhart Road along the undeveloped area of the proposed extension of Snowgoose Road. Tract I was proposed as an "A-1" to the south, an "A-2" to the north on Cract 2, and a "B-1 "on Tract 3 which is located next to Everhart Road. After meeting with the neighborhood and Staff, there were some recommendations made. As a result of the meetings, there was support for the "A-1" on Tract 1 Tract 2 would retain the existing "R -1B" with a Special Permit for townhome development and Tract 3 is supported as a 'B-1" for neighborhood business. The above recommendations are supported by Staff. Public hearing was opened. John Kendall, 6618 Vienna St., Corpus Christi, TX. Mr. Kendall stated he felt any problems with the zoning had been worked out. Mr. Kendall passed out information to the Commissioners outlining the percentage breakdown of land use the requested zoning. 'ommissioners Salazar and Braselton thanked the developer for their cooperation on this rezon mg iordon Hightower. thanked the developer and Staff for assisting with the rezoning. Mr. Hightower stated that he still was against apartments on Tract 1. Mr. Kendall stated that the apai tnients will be located next to existing apartments. Public heanng was closed. In answer to Commissioner Huerta's concern regarding giving a Special Permit to the tract on the south, Ms. Goode -Macon responded that the "R -1B" would be retained. Mr. Huerta stated that once Tract 1 is rezoned to an "A-1"District. the owner could build a multi -family development. Mr. Braselton stated that the total zoning for apartments is 8% which is minimal and he would like to make a motion for approval as recommended. Motion for approval made by Commissioner Braselton and seconded by Commissioner Salazar. Motion passed unanimously. In answer to Commissioner Pusley's question regarding the "R -1B" Special Permit, Ms. Goode - Macon ;rated that with a Special Permit blending single family homes and townhomes in the same area could be developed. 11 PLN-DIR SHARFD1GaiIAWORDAGENDMEM'20011,October'1005-0IMinutes Excerpt.doc 14a Bal;. tr nkson 3E1 736 p. 4 A FIELDNOTE DESCRIPTION FOR 9.467 ACRES OF LAND {Tract=) ( i) THE STATE OF TEXAS § COUNTY OF NUECES BEING 9.467 acres of land situated in Lots I and 2, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, said 9.467 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at the intersection of the Northeast Line of the Paul Snyder et ux tract of land and the Northwest right-of-way line of Everhart Road as widened by right-of-way easement to the City of Corpus Christi dated June 27, 1983 and recorded in Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, THENCE, S. 28° 44' 57" W., a distance of 989.65 feet along the Northwest right-of-way line of Everhart Road to an existing iron rod, THENCE, N. 61° 50' 40" W., a distance of 340.00 feet to a point, said point and PLACE OF BEGINNING being the most Southern comer of the herein described tract, THENCE, N. 61° 50' 40" W., a distance of 651.50 feet along the Northeast line of Willowick Placc, Lot 20, Block I as recorded in Volume 49, Page 19 of the Map Records of Nueces County, Texas to a point, said point being the most Western corner of the herein described tract; THENCE, N. 28' 09' 20" E., a distance of 609.60 feet to a point, said point being the most Northern corner of the herein described tract; THENCE, S 61° 50' 40" E., a distance of 198.06 feet to a point on a curve, said point being a comer of the herein described tract; THENCE, along said curve to the left having a radius of 953.14 feet, an arc length of 199.27 feet and a chord bearing and distance of S. 67° 50' 02" W.. 198.91 feet to a point on said curve; THENCE, S. 73° 49' 24" E., a distance of 100.00 feet to a point on a curve, said point being a comer of the herein described tract; THENCE, along a curve to the right having a radius of 953.14 feet, an arc length of 166.20 feet and a chord bearing and distance of S. 68° 49' 43" E., 165.99 feet to a point, said point being the most Eastern comer of the herein described tract; THENCE, S. 28° 44' 57" W., a distance of 671.33 feet to the PLACE OF BEGINNING, Containing within these metes and bounds 9.467 acres of land. DATED: September 2, 2005 Osi I OA( °2)946701(c11 sl,U(DS"—� 14a Hal.. (r'ankson 3615T369 A FIELDNOTE DESCRIPTION FOR 9.719 ACRES OF LAND (Tractekcg THE STATE OF TEXAS § COUNTY OF NUECES § A. P.5 BEING 9.719 acres of land situated in Lots 1 and 2, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records of Nucces County, Texas, same being a portion of that certain tract of land conveyed to C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, said 9.719 acre tract of land being more fully described by metes and bounds as follows - COMMENCING at the intersection of the Northeast line of tate Paul Snyder et ux tract of land and the Northwest right-of-way line of Everhart Road as widened by right-of-way easement to the City of Corpus Christi dated June 27, 1983 and recorded in Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, THENCE, N. 56° 04' 51" Yr , a distance of 341.39 feet along the Northeast line of the said Paul Snyder et ux tract of land to a point, said point and PLACE OF BEGINNING being the most Eastern corner of the herein described tract; (All bearing based on the Texas Plane Coordinate System, South Zone, 1927 Datum.) Tl IENCE, S_ 28° 44' 57" W., a distance of 352.60 feet to a point on a curve, said point being a comer of the herein described tract; THENCE, along said curve to the left having a radius of 953.14 feet, an arc length of 166.20 feet and a chord bearing and distance of N. 68" 49' 43" W., 165.99 feet to the POINT OF TANGENCY of said curve; THENCE, N. 73° 49' 24" W., a distance of 100.00 feet to a point on a curve, said point also being a comer of the herein described tract; T1-[ENCE, along a curve to the right having a radius of 953.14 feet, an arc length of 199.27 feet and a chord bearing and distance of N. 67° 50' 02" W., 198.91 feet to the POINT OF TANGENCY of said curve: THENCE. N. 61° 50' 40" W., a distance of 474.06 feet to a point in the Southeast right- of-way line of Sanders Drive (60 feet in width). said point being the most Western corner of the herein described tract; D5IOD(u319 719f"(cQ C� � 1005--b 1 ee S i,. i4a Batrankc.on .1h, yy�Uyy/ 36157361- A 615736E A FIELD1 OTE DESCRIPTION FOR 7-858 ACRE OF LAND (Tract;) (.3) THE STATE OF TEXAS § P. p.3 COUNTY OF NUECES § BEING 7.858 acres of land situated in Lots 1 and 2, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records of Nueccs County, Texas, same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1 1955 and recorded in Volume 678. Page 141 of the Deed Records of Nueccs County. Texas, said 7.858 acre tract of land being more fully described by metes and bounds as follows BEGINNING at the intersection of the Northeast line of the Paul Snyder et ux tract of land and the Northwest right-of-way line of Everhart Road as widened by right-of-way easement to the City. of Corpus Christi dated Jtrne 27, 1983 and recorded in Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, said POINT OF BEGINNING being the most Eastern comer of the herein described tract; (All bearings based on the Texas Plane Coordinate System, South Lane, 1927 Datum.) f-{ENCE, S. 28° 44' 57" W-, a distance of 989.65 feet along the Northwest right-of-way line of Everhart Road to an existing iron rod at the Northeast corner of Willowick Place, Lot 20, Block 1 as recorded in V'olttme 49, Page 19 of the Map Records of Nueees County, Texas, said iron rod also being the most Southern corner of the herein described tract; THENCE, N. 610 50' 40" W., a distance of 340.00 fest along the Northeast line of the said Willowick Place, Lot 20, Block 1 to a point for the most Western corner of the herein described tract: fl-IENCE, N. 28` 44' 57" E., a distance of 1023.93 feet to a point in the Northeast line of the said Paul Snyder et ux tract of land, said point being the most Northern corner of the herein described tract; [HENCE, S. 560 04' 51" E., a distance of 341.39 feet along the Northeast line of the said Paul Snyder et tot tract of land to the PLACE OF BEGINNING, Containing within these metes and bounds 7.858 acres of land. DATE: September 2, 2005 1143 10{a 117.858ti!(Ut) 1065- t i t., Ai ibr dalu` f—anksc:r? 3615"'369 p.6 A F1ELDNOTE DESCRIPTION FOR 9.719 ACRES OF LAND (Tract 3) t is 3 r O r Page 2 THENCE, N 28° 07 58" E., a distance of 30.00 feet along the Southeast end of Grand function Drive to an existing iron rod, said iron rod being the beginning of a curve to the right, said iron rod also being a comer of the herein described tract; THENCE, along said curve to the right having a radius of 10.00 feet, an arc length of 15 71 feet and a chord bearing and distance of N. 16° 5T 01" W., 14.14 feet to an existing tron rod at the POINT OF "TANGENCY in the Southeast right-of-way line of said Sanders Drive, said iron rod also being a comer of the herein described tract; THENCE, N. 28° 07' 58" R, a distance of 46632 feet along the Southeast right-of-way lin. of said Sanders Drive to an existing iron rod, said iron rod being in the Northeast line of the said Paul Snyder et ux tract of land, said iron rod also being the most Northern corner of the herein described tract; THENCE, S. 56° 04' 51" E, a distance of 953.12 feet along the Northeast line of the said Paul Snyder et ua tract of land to the PLACE OF BEGLNNING, Containing within these metes and hounds 9.719 acres of land. DATED: September 2, 2005 053 IO1xtr3)9.719rn(cO CJs, V) S- 0 ( Drainage Ea, e'nent 56 n� 1° E 0 .R �. q.7 AC f1 E; C 4'._ z 0 (T1 z 0 P1 T R A. 9.4 AC. TR. 3 2.7 AC. TR. 3 5.1 AC. N 61° 50' 40" W O N 67° 50 02 W ® S 68° 49 43" E © S 68° 49 43•• E ® N Map # 1 Meets & Bounds 52 01 W c -Q loos-- -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHSIDE VENTURES, L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO 27.02 ACRES OUT OF BOHEMIAN COLONY LANDS, LOTS 1, 2 AND 3, BLOCK 11, FROM "R -1B" ONE -FAMILY DWELLING ON TRACTS 1 AND 2, TO "A-1" APARTMENT HOUSE DISTRICT ON TRACT 1, AND "R -1B" ONE -FAMILY DWELLING WITH A SPECIAL PERMIT FOR TOWNHOME DEVELOPMENT ON TRACT 2, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 3; 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 Southside Ventures, L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 19, 2005, during a meeting of the Planning Commission, and on Tuesday, December 13, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Tract 1 (9.719 acres out of Bohemian Colony Lands, Lot 1, Block 11) from "R-1 B" One -family Dwelling District to "A-1" Apartment House District; on Tract 2 (9.467 acres out of Bohemian Colony Lands, Lot 2, Block 11) from "R -1B" One -family Dwelling District to "R-1 B" One -family Dwelling District with a Special Permit for Townhome development; on Tract 3 (7.858 acres out of Bohemian Colony Lands, Lot 3, Block 11) from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District ; located along Everhart Road, and 900 feet south of Middlecoff Road and west of Snowgoose Drive, as shown on the attached Exhibit. (Map 045033 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, Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of December, 2005. ATTEST: Armando Chapa City Secretary APPROVED 4et.Gt (0 2005 t Joseph Hmey Assistant City Attorney For City Attorney H 1LEG-DIR\Joseph\Zoning-05\1005-01AIt doc THE CITY OF CORPUS CHRISTI Henry Garrett. Mayor, The City of Corpus Christi Page 3 of 3 Corpus Christi, Texas day of , 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:iLEG-DIRUosephlZoning-0511005-01A1t doc Sep J7 .05 12; 53p FOX NURSERY Sep C.- 05 10.19a 9alu, Frankson A FIELONOTE DESCRIPTI 9.467 ACRS OF L (Tract3) (i) THE STATE OF TEXAS COUNTY OF NUECES 4 35199_4.gt1W/ 3.157355 BEING 9,467 acres of land situated in Lots 1 and 2, B1 recorded in Volume A. Page 48 of the Map Records of portion of that certain tract of land conveyed by C. B. W dated Match 1, 1955 and recorded in Volume 678, Page County, Texas, said 9.467 acre tract of land being more ful follows' COMMENCING at the intersection of the Northeast tine and the Northwest right-of-way line of Everhart Road as the City of Corpus Christi dated June 27, 1983 and recd Deed Records of Nueces County, Texas, THENCE, S. 28° along the Northwest right-of-way line of Everhart Road to 50 40" W., a distance of 340.00 feet to a point, said point the most Southern comer of the herein described tract; THENCE, N. 61° 50' 40" W., a distance of 651.50 feet a Pince, Lot 20, Stock 1 as recorded in Volume 49, Pagc 19 Texas to a point, said point being the most Western corner THENCE, N. 28° 09' 20" E., a distance of 609.60 feet t Northern comer of the herein described tract; rIIENCE, S. 61° 50' 40" E., a distance of' 198.06 feet to corner of the herein described tract; THENCE, along said curve to the lett having a radius of 9 and a chord bearing and distance of S. 67° 50' 02" W„ 198. THENCE, S. 73° 49' 24" E., a distance of 100.00 feet to corner of the herein described trot[; THENCE, along a curve to the right having a radius of 95 and a. chord bearing and distance of S. 68° 49' 43" E., 165. most Eastern corner of the herein described tram THENCE, S. 28° 44' 57" W., a distance of 671.33 Containing within these metes and bounds 9.467 ares Oil DATED; September 2, 2005 os:I on(u2si aG/fi it c n 60/Zu 39Crl NFOR 11, Bohemian Colony Lands as times County, Texas, same being a dsoo to Paul Snyder et ex by deed 41 of the Deed Records of Nueces y described by metes and bounds as the Paul Snyder et ux tract of land idened by right-of-way easement to hi Volume 1877, Page 412 of the 57^ W., a distance of 989.65 feet existing iron rod, 'THENCE, N. 61° and PLAN OF BEGINNING being ng the Northeast tine of Willowick the Map Records of Nueces County, f the herein described tract; a point, said point being the most point on a curve., said •point being a .14 feet, an arc length 0(199.27 feet 1 feet to a point on said curve; point on a curve, said point being a .14 feet, an arc length of 166.20 feet feet to a point, said point being the d to the PLACE OP BEGINNING, Q_ PI e.9 Ste'-- O I d3S n3a 30 , L I J 900E9Z819£ Z£:ET C1;11;17/9Gil7T Sep run nUKJtK• Sep U7 Ob IU:144a Balulty, Franksnn Jd+neuaa/ 3615736%0) A FI'ELDNO'TE DESCRIPTION FOR 9.719 ACRES OF LAND (TruettkW_ 1111E STATE OF TEXAS § COUNTY OB NUE(.ES § WING 9.719 acres of land situated in Lots 1 and 2, Block 11, Bohemian Colony Lands as recorded m Volume A, Page 48 of the Map Records of Nucces County, Texas, same being a portion of that certain tract of land conveyed to C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 141 of the Deed RReoords of Nuoocs County, Texas, said 9.719 acre tract of land being more frilly described by metes and bounds as follows: P. 5 COMMENCING at the intersection of the Northeast line of the Paul Snyder et ux tract of land and the Northwest right-of-way line of Everhart Road as widened by right -or way easement to the City of Corpus Christi dated June 27, 1983 and recorded is Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, THENCE, N. 56° 04' 51" 'W., a distance of 34139 feet along the Northeast line of the said Paul Snyder et ux tract of land to a point, said point and PLACE OF BEGNNING being the most Eastern corner )f the herein described tract; (AU bearing based on the Texas Plane Coordinate System, South Zone, 1927 Datum.) THENCE, S. 28° 44' 57" W., a distance of 352.60 feet to a point on a curve, said point being a comer of the herein described tract; THENCE, along said curve to the loft having a radius of 953.14 feet, an arc length of 166.20 feet and a chord bearing and distance of N. 68° 49' 43" W., 165.99 feet to the POINT OF TANGENCY of said curve; THENCE, N. 73° 49' 24" W., a distance of 100.00 feet to a point on a curve, said point also being a corner of the herein described tract; THENCE, along a curve to the right having a radius of 953.14 feet, an arc length of 199.27 feet and a chord bearing and distance of N. 67° 50' 02" W., 198.91 feet to the PONT OF TANGENCY of said curve; THENCE, N. 61° 50' 40" W., a distance of 474.06 feet to a point in the Southeast right- of-way line of Sanders Drive (60 feet in width), said point being the most Western comer of the herein described tract; 15310101319,7I8N p p.a CA s t l0©5— b0/LA 39Vd a3S A3] fl d0 &LID 900E9Z8I9E ZE :Et Q1:1R7. /9R /7T CS IU: 14a Balt Frank sar, 3618936tNousi A F1ELDNOTE DESCRIP'T'ION FOR 7.858 ACRE OF LAND (Tract3) (.3) THE STATE OF TEXAS § COUNTY OF NUECES § P. J p.3 BEING 7.858 acus of land situated in Lots 1 and 2, Block 11, Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map Records of Nueccs County, Texas, same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder cc ox by deed dated March 1. 1955 and recorded in Volume 678, Page 141 of the Decd Records of Nueces County, 'faxes, said 7.858 acre tract of land being more fully described by metes and bounds as follows' 13E01NNING at the intersection of the Northeast line of the Paul Snyder et ex tract of Land and the Northwest right-of-way Iine of Everhart Road as widened by right-of-way easement to the City of Corpus Christi dated lune 27, 1983 and recorded in Volume 1877, Page 412 of the Deed Records of Nueces County, Texas, said POINT OF BEGINNING being the most Eastern comer of dm heroin described tract; (AU bearings based on the Terns Plane Coordinate System, South Zone, 1927 Datum.) THI3NCE, S. 28' 44' 57" W., a distance of 989.65 feet along the Northwest right-of-way line of Everhart Road to an existing iron rod at the Northeast corner of Willowick Place, Lot 20, Block 1 as recorded in Volume 49, Page 19 of the Map Records of Nuet;es County, Texas, said iron rod also being the most Southern corner of the hetero described tract; THITCE, N. 6l° 50' 40" W., a distance of 340.00 feet along the Northeast line of the said Wiilowick Place, Lot 20, Block 1 to a point for the most Western comer of the herein described tract, fl{GNCE, N. 28° 4.4.57" E., a distance of 1023.93 feet to a point in the Northeast littc of the said Paul Snyder et urs tract of land, said point being the most Northern corner of the herein described tract: fl ENCS, S. 56" 04' 51" E., a distance of 341.39 feet along the Northeast line of the said Paul Snyder et ux tract of land to the PLACE OF BEGINNING, Containing within these metes and bands 7.858 acres of land. DATE: September 2, 2005 R53I;xuI 17.11jbth(G1 50/40 39bd 1005-- 01 2:13S A3G ':i'0 d[i AHID 900E9Z81SE ZE:ET 900Z/90/ZT JJr r,..z nJR OGn e Ha1ue Frankson Sep 07 OS 10:15m J0 JSLUJJ4 3615736F p-6 A, FIELDNOT E DESCRIP'T'ION FOR 9.719 ACRES OF LAND (Tract 3) [ r n 3 C O 1— 1 age 2 J: 4ENCE, N. 2W' 07' 58" E., a distance of 30.00 feet along the Southeast end of Grand Junction Drive to an existing iron rod, said iron rod being the beginning of a curve to the right, said iron rod also being a corner of the herein described tract; THENCE, along said curve to the right having a radius of 10.00 feet, an aro length of 5.71 feet and a chord bearing and distance of N. 16° 52' 01" W., 14.14 fat to an existing iron rod at the POINT OF TANGENCY in the Southeast right-of-way line of said Sanders Drive, said iron rod also being a comer of the herein described tract; THENCE, N. 28' 07 58" E., a distance of 466.32 feet along the Southeast right-of-way line of said Sanders Drive to an existing iron rod, said iron rod being in the Northeast line of' the said Paul Snyder et ux tract of land, said iron rod also being the most Northern corner of the herein described tract; THENCE, S. 56' 04' 51" E.., a distance of 953.12 feet along the Northeast line of the said Pant Snyder et we tract of land to the PLACE OF BEGIN NG, Containing within these metes and bounds 9.719 acres of land. DATED: September 2, 2005 053101Ac3)9.7) 91101) 59/50 39bd d3S A3Q 'o'o dO &LID 0,4\s e ,CA') — 0 re CI 900E9Z8T9E ZE:ET 90aZ/90/7..T 2 Cc. 1 b0/9u 39 d Drain o9e Eas ement S 56° 04, TR 1 9.7 AC N 61° 50 40 W N Lti m TR. 3. 9.4 AC. TR, 3 2.7 AC. TR. 3 5.1 AC N 61° 50' 40° W ® N 67° 50 02 W ® S 68° 49 43' E O S 68` 49' 43" E ® N 160 52' 01„ W d3S 1134 '0 JO AHI0 Map # 1 Meets & Bounds c vSR 100S" -0 900E9Z8T9E ZE:ET 900Z/90/ZT i' --SEr4e'Y Y6-06 FR Fynn few,: Dlru.c RE RntdandW East. DNIrIct RA D. Femlly Owei&ki Dul.lcl N.A OT Fadly Dwemng Markt R-113 One Flmlly [Kw alltp Dlatria< 11.1C Ona f.a Py *reviling Oiabkt E .i I L .3r) 1H JaMie a 1L QQ e Mottos Map R -TW TPwnhc+ar Owdllnp DIsGm R4 Mulapls Dwelling Dialect T. T ovo1 Trailw Park 0lstrkl T -1B WnuIettured Ham. Peri, DNlrld T.1C Manutaaturao Homo Subdivision Onalat 4.1 Apartment Neva. Dle Wlel MOA Apar man, HOuse Dlaulol Ad ApaNnam Flout DlatrlcI AT ApaItnlartt-Tauft Dlg$et AB ProIcslnnal Office District d3E, /1313 AlIE 0.1 NNpnbrlood Boons. District 1-1A NelphR)prnppd BusIMee Dkb1G1 B -OA Barna.' lawta Buallrsa DbtHet Ma Navlmnt aualnan district BD Corpus GM *i Both Daalpn pbUkl 04 B+ a -a BE Basins 010(1101 aenwel Dssinwe District Primary atuaann 0IsR11t Primary 00015.5. Cat 0HIru:1 1I11Ws4 In4WVtal Dl.IRei 1.0 1.19111 Ifl etgId Duylet w Hoary industrial DiWWm u erne,' Nowa PUD Plait an Bele DeraIap •ru HC tlia1d11mI 400 Laedmarit Prnanalidm N ovimumis00 Feet 900E9Z8T9E ZE:ET 5002/90/ZT 30 AGENDA MEMORANDUM PUBLIC HEARING—ZONING (City Council Action Date. 12/13!05) Case No. 1005 -04 -Southside Ventures, L.P.: A change of zoning from "R -1B" One Family Dwelling District to an "A 1" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2. The property is 20.10 acres out of Lots 5 and 6, Block 11, out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of Adrianna Drive Planning Commission and Staff's Recommendation (11/2/051: Tract 1 Denial of the "A-1" Apartment House District and, in lieu thereof, approval of a "R -1B" One -family Dwelling District with a Special Permit for townhomes. Tract 2 - Denial of the "B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1" Neighborhood Business District. Requested Council Action: Tract 1 - Denial of the "A-1" Apartment House District and, in lieu thereof, approval of a "R -1B" One -family Dwelling District with a Special Permit for townhomes. Tract 2 - Denial of the "B-4" General Business District on Tract 2 and. in lieu thereof, approval of a "B-1" Neighborhood Business District. Purpose of Request: Tract 1 Apartments Tract 2 Commercial Development Summary: fhe applicant is requesting a change of zoning on two tracts from "R-1 B" One -family Dwelling District to"A-1" Apartment House District on Tract 1, and a "B-4" General Business District on Tract 2. Tract 1 • The subject property consists of 11.48 acres with future access from Weber Road and the extension of Anastasia Drive. Based on meetings with neighborhood representatives the applicant agreed to reduce the "A-1" to retain single family zoning abating an existing neighborhood. • A specific development plan proposed for the "A-1" District apai intent use is not available from the applicant. However. staff estimates that approximately 188 apartment units could be provided on site. The "A-1" District permits 21.78 units per gross acre. • Water/wastewater demand for 188 apartment units would generate a demand of 47,000 gallons daily and solid waste demand of 1.673 lbs. • Property to the north is zoned "R -1B" One -family Dwelling District and is undeveloped. To the south is a "R -1B" One -family Dwelling District developed as a single-family subdivision and middle school. Along the east is undeveloped "R -1B" District property. To the west is property subject to rezoning to a "B-4" District. Agenda Memorandum ase No 1v14-04 (Southside Ventures, ; P 'age 2 Tract 2 • 1 he subject property consists of 8.76 acres with frontage along Weber Road. • A specific development plan for the requested "B-4" General Business District is not available from the applicant. Typically one acre is needed for each 10,000 square feet of commercial store area. The subject property could accommodate a commercial store area, minus parking and landscaping area, of approximately 87,600 square feet. Neighborhood commercial centers are characterized as unenclosed structures that are usually 100,000 square feet or less. • (ommunity c ommercial centers g enerally c ontain 1 50.000 t o 3 00,000 s quare feet on a fifteen (1 5) to thirty (30) acre tract. Regional commercial centers are between 500,000 to 2 million square feet on fifty (50) to two -hundred (200) acres. • Water/wastewater demand for an 8.76 acre commercial use would generate a demand of 17,520 gallons daily and solid waste demand of 3,504 lbs. • Property to the north is zoned "B-4" General Business District and is developed with commercial and storage uses. To the south is a "R -IC" One -family Dwelling District developed as a single- family subdivision and to the east is an undeveloped "R -IB" District area. Across Weber Road is developed and undeveloped "1-2" District property. • Stripping out of commercial uses along arterial roadways is not typically supported. However, due to the developed and targeted industrial uses to the west, residential development is not encourage along this section of Weber Road. Recommendation: Tract ! - Denial of the "A-1" Apartment House District and, in lieu thereof, approval of a "R -1B" One -family. Dwelling District with a Special Permit for townhomes. Tract 2 - Denial of the "B-4" General Business District on Tract 2 and. in lieu thereof, approval of a "B-1" Neighborhood Business District. Applicant's Position: The applicant is in agreement of recommendation. Notification: Of the thirty-six (36) notices mailed to the surrounding property owners, zero (0) were returned in favor and four (4) were received in opposition The 20% rule is not invoked. This case is considered non -controversial but could generate questions from neighborhood residents. Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/gp Attachments: 1) Original Zoning Request Notice Map 2) Applicant, Neighborhood and Planning Commission Recommendation 3) Zoning Report 4) Planning Commission Minutes (10i 19, 11/2) 5) Ordinance 1-1M_N-DIP SHAREDRGaiPWORDAAGENDMEM`.2005'C)etoberV1005-04At iENDAMEMO.doe se * ,, • 3t' l/ >, Cases Z1005-02 ' CASE 1005-04 R -1e !l and Z1005-03 withdrawn B-4 ' ° , C i �\ CASE 21005-03 e= %i ii,? r, ,ei ° r CASE Z1005-02 A-1- R -1G fay 0 i c j/ o R-1 B ire CASE Z1005-01 / �' lr R -1B A-1 . R-,1 EL �T. /� R - 1F , �' A-1 lin / ]/le�a(( —I /a.® LVa1 R.18 Rey";yJ/ �'y(///, r O rrtg nail R ec r ! ' etntr N otime Map F -R Farm Rut. District 4 -TI -1 Townhouse Owellmg O'sirict B-1 NeiBhborhootl Business District I-2 Light Industrial District RE Resltlantla Estate phlnc' 0.2 Multiple Dwelling District B -1A Neighborhood Business District 1-3 Heavy Industrial District RA One Family Dwelling Distri, r -1A Travel Trailer Park District B -2A Barrier Island Business District 5P Special Permit RAS One Family Dwelling Distrirt '-18 Manufactured Home Park District B-2 Bayfront Business District PUD Planned Unit Development ROB One Family Dwelling Distr,J r IC Manufactured Home Subdivision District BD Corpus Christi Beach Design District ec Historkel-Cultural Landmark Preservation Rot One Family Dwelling D1strict A-1 Apartment House District 8.3 Business District N - City of Corpus Christi. T% 44A Apartment House District 13-1 General Business District t t II' , I��Iff., - is•-. - hawnnxnt al 5e,empmsnt services A-2 Apartment House Disuict 8.5 Primary Business District W' 'E AT Apartment -Tourist District 8-6 Primary Business Gore District AB Professional Office District - 1.1 Limited Industrial District s 0 400 800 Feet r -R Oahe Rural District RE Residential Estate Distract RA One ramily Dwelling Distric R -IA One gamily Dwelling Distric?. RAH One Tamu1 Dwelling Distric RAC One ramiiv Dwelling Distric City of Corpus Christi, TX Depanment of br.iopmmt Services Applicant, Neighborhood and Planning Commission Recommendation R-TH Townhouse Dwelling District R-3 Multiple Owellinn Dislroci r -1A Travel Trailer Park Distr,c1 0.15 Manufactured Horne Park District r.IC Manufactured Home Subdivision Distric 41 Apartment House Distric) 4.1A Apartment House District A-2 Apartment House Dtstricl AT Aparimsnl•Tourist District 48 Prnlessional Office District 5.5 Neighborhood Business District 13-1A Neighborhood Business District 13,2A Barrier Island Business District 13-2 Bayfront Business District BD Corpus Christi Beach Design District B-3 Business District 84 General Business District 13-5 Primary Business District 84 Primary Business Core District -+ Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development HC Historical -Cultural Landmark Preservation w N A s 0 400 800 Feet CITY COUNCIL REVISED ZONING REPORT Case No. 1005-04 Planning Commission Hearing Date: October 19, 2005 and November 2, 2005 Applicant: Southside Ventures L.P. Q2S a Owner: Nueces Real Estate Partnership, L.P. - Bryan Harris - Agent: Dan Caballero rt Property Area: Being 20.24 acres out of Lots 5 and 6, Block 11 out of Bohemian a ; Colony Lands, located along Weber Road, 150 feet south of Way Out Weber (W.O.W) Q C Road and 125 feet north of Adrianna Drive. Zoning Request From: "R -1B' One -family Dwelling District To: "A-1" Apartment House District - Tract 1 "B-4" General Business District - Tract 2 Area: Tract 1 - 11.48 acres Tract 2 8.76 acres Total - 20.24 acres Purpose of Request: Tract 1 - Apartments Tract 2 - Commercial Development Existing Zoning and Land Uses ett Area Development Plan: Southside The future land use map supports low-density residential development. The requested "B-4" District could be supported and a change to the future land use map is necessary. The subject property is across from industrial developed and targeted property. Planning practices does encourage residential uses near industrial development. The "A-1" District offers a medium -density residential use and is supported. Map: 047034 Zoning Violations: None Zoning Existing Land Use Future Land Use Site " R -1B" One -family Dwelling District Agriculture Low-density residential North "B-4" General Business District Paint Store General commercial South "R-1B"One-family Dwelling District Single-family residences Low-density residential East "R -1B" One -family Dwellin: District Agriculture Low-density residential jWest "R -1B" One -family Dwelling District and "I-2" Light Industrial District Industrial and general commercial uses Light industrial ett Area Development Plan: Southside The future land use map supports low-density residential development. The requested "B-4" District could be supported and a change to the future land use map is necessary. The subject property is across from industrial developed and targeted property. Planning practices does encourage residential uses near industrial development. The "A-1" District offers a medium -density residential use and is supported. Map: 047034 Zoning Violations: None :zoning Kep)r+. asc N(. 1(05-04 Page 2 The applicant is requesting a change of zoning on two tracts from "R -1B" One -family Dwelling District to"A-1" Apartment House District - Tract 1, and "B-4" General Business District - Tract 2 Tract 1 • 1'he subject property consists of 11.48 acres with future access from Weber Road and the extension of Anastasia Drive. • A specific development plan proposed for the "A-1" District apartment use is not available from the applicant. However, staff estimates that approximately 188 apartment units could be provided on site. The "A-1" District permits 21.78 units per gross acre. • Water/wastewater demand for 188 apartment units would generate a demand of 47,000 gallons daily and solid waste demand of 1,673 lbs. • Property to the north is zoned "R -1B" One -family Dwelling District and is undeveloped To the south is a "R -1B" One -family Dwelling District developed as a single-family subdivision and middle school. Along the east is undeveloped "R -1B" District property. To the west is property subject to rezoning to a `B-4" District. Tract 2 • The subject property consists of 8.76 acres with frontage along Weber Road. • A specific development plan for the requested "B-4" General Business District is not available from the applicant. Typically one acre is needed for each 10,000 square feet of commercial store area. The subject property could accommodate a ctt E commercial store area, minus parking and landscaping area, of approximately 87,600 square feet. Neighborhood commercial centers are characterized as unenclosed structures that are usually 100,000 square feet or less. Community commercial centers generally contain 150,000 to 300,000 square feet on a fifteen (15) to thirty (30) acre tract. Regional commercial centers are between 500,000 to .2 million square feet on fifty (50) to two -hundred (200) acres. • Water/wastewater demand for an 8.76 acre commercial use would generate a demand of 17,520 gallons daily and solid waste demand of 3,504 lbs. onmg Report =..'asc Va I( -04 Page t Tract 2 (Continued) • Property to the north is zoned "B-4" General Business District and is developed with commercial and storage uses. To the south is a "R -1C" One -family Dwelling District developed as a single-family subdivision and to the east is an undeveloped 'R-1 B" District area. Across Weber Road is developed and undeveloped "1 -2 - District property. • Stripping out of commercial uses along arterial roadways is not typically supported. However, due to the developed and targeted industrial uses to the west, residential development is not encourage along this section of Weber Road. Street -J Type Weber Road Arterial — - _1 Prior to issuance of a building permit platting of the property is required. Recommendation During the October 19, 2005 Planning Commission public hearing the case was tabled until November 2, 2005, in order for the applicant and neighborhood to meet and discuss development options for the property. City staff, the applicant and neighborhood representatives met on October 26, 2005 to discuss the case. A recommendation for the two tracts were agreed upon by all parties and is being forwarded for approval. Tract I - Denial of the "A-1 " Apartment House District and, in lieu thereof, approval of a "R -1B" One -family Dwelling District with a Special Permit for townhomes. Tract 2 - Denial of the 'B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1" Neighborhood Business District. Paved Section Volume (2001) 100' R.O.W. w/ 76' Bk to Bk pavement (continuous left turn lane) 25,040 a.d.t Weber south of Saratoga Prior to issuance of a building permit platting of the property is required. Recommendation During the October 19, 2005 Planning Commission public hearing the case was tabled until November 2, 2005, in order for the applicant and neighborhood to meet and discuss development options for the property. City staff, the applicant and neighborhood representatives met on October 26, 2005 to discuss the case. A recommendation for the two tracts were agreed upon by all parties and is being forwarded for approval. Tract I - Denial of the "A-1 " Apartment House District and, in lieu thereof, approval of a "R -1B" One -family Dwelling District with a Special Permit for townhomes. Tract 2 - Denial of the 'B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1" Neighborhood Business District. �'onmg Repan asr No IU+1'-04 Page 4 Recommendation Tract I - Denial of the "A -I" Apartment House District and, in lieu thereof, approval of a "R - IB" One -family Dwelling District with a Special Permit for townhomes. Tract 2 Denial of the "B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1" Neighborhood Business District. Number of Notices Mailed 36 Favor 0 Opposition 4 (As of October 26, 2005) Attachments: Zoning Map •1 ,PLN -DIP SHARED'GailAWORD`✓ONRPfS`X005'October A1005-04((RFPOR"r.doc Fat Farm Rural Movie RE Reside trS Epee District RA One Fonts Duetting District R -1A Orr Family Oweling District RA B One Firefly gaping Distract R -Ir One enmity Dwsiing Mane or Comm CltllD, TX orwhwt alosecnwrrt 1 tke Came E 1005)=04 Notice Maas, RAH Townhouse Dwelling District R-2 M tip. DwNig Mand T -IA Trawl Tract Peek District T -1B Meru4chrd Hoene Pads District T -'C Masdeeved Harr SWdllsiae District A-1 Apartment Hose Di*ett A -IA Aprons* Hose Dirtrist A-2 Apartment House District AT Apabreat-Tarn* District AB Professional °ice District 8-1 Neighborhood Business District B -IA Neighborhood Business District B -2A Barrier Island Business District 5-2 BD B-3 M B-5 Bfi I-1 B astard Business Metr1e Carpus Christi Beach Do*are Msaict B usiness District General Bakes District Primary Business District Primary Business Con District Limited Industrial District Planning Commission/ApplicantlStaff Recommendation 1-2 Light Industrial District 1-3 Hem industrial District SP Special Permit PUD Planed Unit Development HC HlpotnlCultu* Landmark Preservation N W/4E 0 150 300 � Fee[ d 1005-04 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — October 19, 2005 Southside Ventures, L.P.: "R -1B" One Family Dwelling District to an "A-1" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2 Being 20.10 acres out of Lots 5 and 6, Block 1 1, out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of 4drianna Drive. Request: A change of zoning on two tracts from "R -1B" One -family Dwelling District to an "A-1" Apartment House District on Tract 1 and a "B-4" General Business District on Tract 2. Excerpts from Zoning Report Legal Description/Location: Being 20.24 acres out of Lots 5 and 6, Block 11 out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber (WO.W) Road and 1 '5 feet north of Adrianna Drive Purpose of Request Tract 1 - Apartments Tract 2 -- Commercial Development Area Development Plan: Southside The future land use map supports low-density residential development. The requested "8-4" District could be supported and a change to the future land use map is necessary. The subject property is across from industrial developed and targeted property. Planning practices does encourage residential uses near industrial development. The ` 1-1" District offers a medium -density residential use and is supported. Department Comments: Stripping out of commercial uses along arterial roadways is not typically supported. However, due to the developed and targeted industrial uses to the west, residential development is not encourage along this section of Weber Road. Staff Recommendation. Approval of the "A-1 " Apartment House District on Tract 1 Approval of the "B-4" General Business District on Tract 2 Ms. Goode -Macon provided graphics of the subject properties and the surrounding area. The zoning report and tape recording are on file. Zoning Case No. 1005-01 is currently zoned a "R -1B" One - family Dwelling District and is requesting an "A -1A" Apartment House District on Tract 1, an "A-2" Apartment House District on Tract 2 and a 1B-1" Neighborhood Business District on Tract 3. Ms. Goode -Macon stated that the applicant does not have specific development plans for this property. However. Tract I being requested as an "A-1 A" zoning has approximately 9.46 acres and could accommodate 206 apartment units. Tract 2, requested as an "A-2" District could accommodate approximately 264 units and Tract 3 with a "B-1" Neighborhood Business District is comprised of 7.85 acres could accommodate a 58,000 square foot building. The future land use map recommends the area as low density residential. However, our existing land use map shows some changes in development to an "A-1" District (residential) and business classification. Planning (ommssion Minutes October IQ 2005 Page Ms. Goode -Macon stated there was one letter received in opposition as of this date and Staff is recommending approval of all three tracts_ in answer to Commissioner [Tuella question regarding rain water and drainage problems, Faryce Goode -Macon stated that for whatever development plan. storm water issues for that area will be addressed at the time of platting Mary Frances Teniente stated that there was an existing ditch in that area and there are Improvements that are being planned to handle some of the erosion problems that are occurring; however, funding t: not yet available in answer to Commissioner Braselton's question, there is a project for Everhart in the Bond program In answer to Commissioner Salazar's question regarding traffic volume, Faryce Goode -Macon stated the apartment zoning would double by a 1,000 cars. Staff states they are comfortable for that increase along Weber and Everhart Roads. In answer to Commissioner Pusley's question regarding the reasoning behind the apartment classification, Faryce Goode -Macon stated that the requested "A-1" District would be an extension of the apartments to the south. It is the City's intent to buffer the proposed apartment district with similar development. After review of the "A2" District and the ditch to the north, Staff supports apartment development especially next to the 'B-1" Neighborhood Business District. hairman Stone opened up the public heanng. Gordon Hightower, 4179 Crenshaw, Corpus Christi, TX. We are concerned about property values and the school's overcrowding and the increase of traffic. We are not opposed to the single family dwellings but we are opposed to apartments and town homes and the increase in crime, traffic and increased noise. We are already experiencing problems with wastewater. Mr. Hightower also stated that he felt it was unfair that there were such a limited number of notices sent out. Mr. Gunning responded to Mr. Hightower regarding the notices and outlined the state law requirements and stated there was zoning signs displayed when there is a new zone request. Daniel Salazar, Adrianna Street, Corpus Christi. TX. I am worried about the traffic flow in the area and the small children I am also worried about the water pressure. bony Gonzalez, Weber Street, Corpus Christi, TX. Our neighborhood consists of a lot of young families We looked at the residential zoning and that's why we moved here. We are very against this zoning. Todd Bellow, Crenshaw St., Corpus Christi, TX. Mr. Bellow stated that the zoning signs were not visible from the street. Mr. Bellah stated his desire that the decision on the zoning be extended to enable a petition being signed by the surrounding neighborhoods. Mr. Bellah also stated that the schools are very overcrowded. With apartment development, we will be experiencing more crime, drug traffic and increased traffic. We also are concerned about property values and drainage problems. The rezoning includes extending Aaron where it deadends and join into Grand Junction which is already overcrowded. i'iannmk Commission Minute ictohei 19 _005 Page. Michael Gunning stated that the 20% rule is only in effect at the City Council hearing and the iest this case will be heard is sometime in mid December so there should be plenty of time to gain petition signatures Mr. Gunning clarified that the 20°4, rule is based on the ownership of the land that constitutes 20% or more of the land. Ray Barron, 4650 Wales Drive, Corpus Christi, TX. Our main concern is the transient population that will occur with multi -family housing. It is a Targe influx of people. Mr. Barron stated that he felt an environmental impact study should be done. Mr. Barron also inquired the possibilities of the City of Corpus Christi changing the law for the notification area. Chairman Stone stated it was something that needed to be taken up with the State. Mr. Barron stated that the signs were difficult to read and there are no signs displayed in the school ,�icmity. Mr Gunning stated that other areas have increased the notification area but then you are bringing other neighborhoods into the notification area that would not be affected. Mr. Gunning stated that we notify surrounding schools of the rezoning, neighborhood associations and display visible signs. John Kendall, 6618 Vienna St., Corpus Christi, TX. Mr. Kendall stated he is working with Southside Ventures on this project and working with Staff to alleviate some of the neighborhood's concerns Mr. Kendall stated a good portion of the development will be single family residential and trying to provide good development for the neighborhood. In answer to Commissioner Braselton's question, Mr. Kendall stated that the only zoning abutting up to single family is the "A-2" zoning request which would be located behind the "B-4" zoning. Mr. Kendall also stated that there has been some talk with Staff about improving traffic access and proposing a street (`ommissioner Huerta stated that this request is a change in 50% of land use and this is not viewed as a good balance. ( ommissioner Pusley inquired if there was a possibility to table these (4) cases and give an opportunity for the neighborhood and the developer to discuss the concerns surrounding this project. Mr. Salazar stated that he had no problem with the "R-2" zoning under Cases 1005-02 and 1005-03. Mr. Salazar further stated that it might be in the best interest of the developer to take time to speak with the neighborhood. Ms. Goode -Macon stated that on the "R-2" zoning, that approximately 50 units could be developed on the site. Mr. Dan Caballero, 5338 Greenbriar, Corpus Christi, TX., developer for the project. Mr. Caballero stated that the plans call for 300 homes to be developed and they are trying to relocate the apartments in the best possible way. Mr. Caballero stated that he felt that the neighborhood had not viewed the overall map and don't have a full idea of the project. He stated that ordinances will be issued for landscaping to help deflect the different zoning. Mr. Caballero also stated that information had been received to extend the drainage ditch by 70 feet. lannink C ..rnmission Minutes ietobet 19 2005 Page 4 It answer to Commissioner Pusley's question, Mr. Caballero stated that he preferred not to table it and would like to move forward with the development. Commissioner Pusley stated that he had a fair amount or opposition which might prove to be difficult for him. Mr. Gunning stated to Mr. Caballero that if he moved forward and was denied zoning he would not be able to apply for 12 months. It might be a good idea to meet with the neighborhood and explain in more detail what his plans are. We are making copies of the consolidated rezoning map so the neighbors can have a copy. In answer to Commissioner Huerta's question, Mary Frances Teniente stated that the widening of the ditch would be from Sanders to Everhart. I,aura Salazar, 7021 Anastasia Dr., Corpus Christi, TX. Mrs. Salazar stated that their neighborhood is a small area in Royal Court Estates with three separate cul de sacs and a dead end street. When we moved inwe built our house where we believed it would stay single family residential. Opening up Anastasia and rezoning the area to apartment housing, would subject our children to a high flow of traffic. At this time, there are no apartment complexes in our area. Joann Salgi, 4147 Crenshaw, Corpus Christi, TX. Mrs. Salgi stated she has lived in her single tamihr home since 1982. Ms. Salgi stated that Greenbriar Street where Mr. Caballero resides is not part of our neighborhood. The new HEB is also not part of our neighborhood. All of the schools are full and with a multi-famih, zoning. it will be a detrimental impact for the schools. Public heanng was closed. Ms. Goode -Macon read the Zoning Cases #'s 1005-01 - #1005-04 into the record. commissioner Pusley suggested tabling the hearing. 1 he public hearing was opened for the other cases. No one in favor or opposition. rhe public hearing was closed. Mr. Kendall stated that after talking with the developer they had decided to table the case. Motion made by Commissioner Pusley and seconded by Commissioner Martinez to table all four cases until the November 2'd hearing. Motion passed unanimously with Commissioner Zamora being absent. H.`I'LN- DIN `SHARED Gaii'WORD 'AGENDMEM\2005' )etober\1005-04.2Minutes Excerpt.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 2, 2005 1 ahled Zoning h 1005-04 Southside Ventures, L.P.: 'R -1B" One Family Dwelling District to an "A-1" Apartment House District on Tract 1 and a 'B-4" General Business District on Tract 2 Being 20.10 acres out of Lots 5 and 6. Block 11, out of Bohemian Colony Lands, located along Weber Road, 150 feet south of Way Out Weber Road and 125 feet north of Adrianna Drive. Faryce Goode -Macon stated this case also was tabled on October 19, 2005 and meetings were held by the applicant, neighborhood and Staff. Tract 1 is a request to an "A-1"District and a `B-4" District is requested for Tract 2. After meetings, the developer and the neighborhood chose to reduce Tract i from its original area by a strip area approximately 400 feet by 120 feet located next to the residential lots to the south of the subject property. A metes and bounds description is required for this tract. That area will retain its existing zoning to allow future homes with a Special Permit for townhomes. Staff is recommending a "B-1" Neighborhood Business District for the revised Tract 2. The applicant and community concur. Public hearing was opened Mr. Salazar. 7021 Anatasia. Mr. Salazar thanked the City for its cooperation regarding this rezoning Melda Rodriguez, 7018 Anatasia. We just recently bought our residence six months ago and strongly feel it should stay a residential area. Public hearing was closed. In answer to Commissioner Skrobarczyk's question, Faryce Goode -Macon stated that the 400 toot strip area north of the residential lots would remain a "R -1B" District. Motion for approval was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously with Chairman Stone being absent. lirELN-DIR',sHARED`GaiEWORD.AGENDMEM\2005d)ctoberAi005-04Mintes Excerptdoc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SOUTHSIDE VENTURES, L.P. BY CHANGING THE ZONING MAP IN REFERENCE TO 20.10 ACRES OUT OF BOHEMIAN COLONY LANDS, LOTS 5 AND 6, BLOCK 11, FROM "R -1B" ONE -FAMILY DWELLING ON TRACTS 1 AND 2, TO "R -1B" ONE -FAMILY DWELLING WITH A SPECIAL PERMIT FOR TOWNHOME DEVELOPMENT ON TRACT 1, AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2; 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 Southside Ventures, L.P. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 19, 2005, during a meeting of the Planning Commission, and on Tuesday, December 13, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi. during which all interested persons were allowed to appear and be heard: and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Tract 1 (8.607 acres out of Bohemian Colony Lands. Lot 5, Block 11) from "R-1 B" One -family Dwelling District to "R-1 B" One -family Dwelling District with a Special Permit for Townhome development; and on Tract 2 (11.481 acres out of Bohemian Colony Lands, Lot 6, Block 11) from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District; located along Weber Road, 150 feet south of Way Out Weber Road, and 125 feet north of Adrianna Drive, as shown on the attached Exhibit. (Map 045033) 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 Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of December, 2005. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor, The City of Corpus Christi APPROVED 2005 Joseph Harney Assistant City Attorney For City Attorney H \LEG-DIR\Joseph\Zoning-05\1005-04AIt doc Page 3 of 3 Corpus Christi, Texas day of _, 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\LEG-DIR\Joseph\Zoning-O5\1005-04AIt doc 1o�3 `,i� A FIELDNOTE DESCRIPTION FOR 8.607 ACRES OF LAND THF. STATE OF TEXAS COUNTY OF NUECES § BEING 8.607 acres of land situated in Lot 5, Block 11, of Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map and Plat Records of Nueces County, Texas, same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, said 8.607 acre tract of land being more fully described by metes and bounds as follows: P-2 COMMENCING at an existing iron rod in the Northeast line of the said Paul Snyder et ux tract of land at the most Western corner of Lot 48, Block 1 of Country Club Estates Unit 31 as recorded in Volume 57. Page 148 of the Map Records of Nueces County, _i exas, FHENCE, S. 61° 49' 51" E., a distance of 340.02 feet along the Southwest line of said Country Club Estates Unit 31 to a point, THENCE, S. 28° 43' 02" W., a distance of 479.65 feet to point, said point and PLACE OF BEGINNING being the most Northern corner of the herein described tract; (All bearings based on the Texas Plane Coordinate System, South Zone. 1927 Datum) THENCE, S. 61 ° 53 17" E., a distance of 773.17 feet to a point, said point being the most Eastern corner of the herein described tract: THENCE, S. 28° 06' 43" W., a distance of 483.31 feet to a said point being the most Southern corner of the herein described tract; THENCE, N. 61' 53' 17' W., a distance of 778.30 feet to a point, said point being the most Western comer of the herein described tract; 1 -HENCE, N. 28° 43' 02" E., a distance of 483.33 feet to the PLACE OF BEGINNING, Containing within these metes and bounds 8.607 acres of land. Novernber 11, 2005 Lt Ios Oq r 1 .7 0( RON ROU t06 aTINT iF O£,;'AW.V.: COUNTRY CL U8 ESTATES UNIT 31 BLOCK 1 . LOTS 48 THRU 50 VOL - 57. PC. 148 MAP RECORDS 6s 48 / \10 .�9•� ;S> / ?'7, / C. B, WOODSON • ��� TO PAUL SNYDER ET UX • �� ‘tiS 6>'S2 " VOL. 678. PG. t41 >) ,DEED RECORDS i,7 4 ofe <<,'pOy�sr �qA6 4 SNF 8 � QFcxR RG/7c BEING 8.607 ACRES OF LAND SITUATED IN LOT 5. BLOCK 11 OF BOHEMIAN COL ONY LANDS. NUECES COUNTY. TEXAS. BALUSEK-FRANKSON & ASSOCIATES, INC. ENGINEERS & SURVEYORS 308 E. G00DWIN-VICTORIA, TEXAS 361/578-9956 Drown By: C.D. 1 Approved By: A.C.F. Score: r = 300' 1 Job No. 05-310 1 Dote: N-11-05 • • A FIELDNOTE DESCRIPTION FOR 11.481 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES BEING 11.481 acres of land situated in Lots 5 and 6, Block 11, of Bohemian Colony Lands as recorded in Volume A, Page 48 of the Map and Plat Records of Nueces County, Texas. same being a portion of that certain tract of land conveyed by C. B. Woodson to Paul Snyder et ux by deed dated March 1, 1955 and recorded in Volume 678, Page 141 of the Deed Records of Nueces County, Texas, said 11.481 acre tract of land being more fully described by metes and bounds as follows: COMMENCING at an existing iron rod in the Northeast line of the said Paul Snyder et ux tract of land at the most Western comer of Lot 48, Block 1 of Country Club Estates Unit 31 as recorded in Volume 57, Page 148 of the Map Records of Nueces County, Texas, THENCE, S. 61° 49' 51" E., a distance of 340.02 feet along the Northeast line of said Paul Snyder et Inc tract of land to a point, THENCE, S. 28° 43' 02" W., a distance of 465.133 feet to point, said point and PLACE OF BEGINNING being the most Northern comer of the herein described tract; (All bearings based on the Texas Plane Coordinate System, South Zone, 1927 Datum) THENCE, S. 59° 49' 35" E., a distance of 773.54 feet to a point, said point being the most Eastern comer of the herein described tract; THENCE, S. 28° 06' 39" W ., a distance of 630.00 feet to a point in the Northeast line of the Willowick School Tract, as recorded in Volume 55, Page 97 of the Map Records of Nueces County, Texas, said point being the most Southern corner of the herein described tract; THENCE, N. 61° 53' 17" W., a distance of 780.00 feet along the Northeast line of the said Willowick School Tract, Lot 25 of Penn Place Subdivision as recorded in Volume 61, Page 173 both of the Map Records of Nueces County, Texas to a point, said point being the most Western comer of the herein described tract; THENCE, N. 28° 43' 02" E., a distance of 658.11 feet to the PLACE OF BEGINNING, Containing within these metes and bounds 11.481 acres of land. DATE: September 9, 2005 ACFhd05310(11.481)t .wp$ looS plc f)Jp r' ,.. r u. =:pp i) (_p n '5a Balusek -rankso 3615736991 P.7 'Q P07N1 O• t3CCJNNIW (p. cOf/NTRY CLUB ESTATES UN!T 31 LOT 48 . BL OCK 1 s VOL. 57. PC. 146 670 MAP RECORDS 3 9.0, 9Q 5, F - G� ROYAL COURT VOL . 61 . PG. 1 73 MAP RECORDS (;k- s.o loos- O c_ .6. WOODSOJ r0 PAUL SNYDER E r UX V_RL . 6(8. PG. 141 DEED RECORDS WEBER ROAD BEING 6.769 ACRES OF LAND SITUArEO IN Lars 5 d 6. BLOCK 11 OF BONEM/ AN COLONY LANDS. NUECES COUNTY. rEXAS- BALUSEK-FRANKSON & ASSOCIATES, INC. ENGINEERS & SURVEYORS 308 E. G00DWW-VICTORIA, TEXAS 36l/578-9956 Drown 8y: C.O. I approved By: A.C.F. Score: P = Z00' 1 Job No. 05-310 I Dote: 9-1-05 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 17th Annual "Feast of Sharing" STAFF PRESENTER(S): Name 1. Diana Zertuche Garza OUTSIDE PRESENTER(S): Name Title/Position Department Assistant to the Mayor Mayor's Office Title/Position Organization 1. James Burnett 2. Terri Cardona 3. Judge Richard S. Schmidt 2. Albert Zamora 3. Cynthia Alcorta Manager HEB Grocery Co. Scheduling Coordinator SMG/American Bank Center Master of Ceremonies U. S. Bankruptcy Judge Entertainment Albert Zamora Y Talento Entertainment Alcorta Folklorico ISSUE: Announcement by HEB Grocery Company and the City of Corpus Christi, along with several generous contributing businesses and agencies as they share the festive details of the 17th Annual "Feast of Sharing". BACKGROUND: See Attachment REQUIRED COUNCIL ACTION: No Additional Background Exhibits Diana Zertuc Garza Assistant to the Mayor City of Corpus Christi 1 PRESS RELEASE S FOR IMMEDIATE RELEASE December 8, 2005 Contact: Diana Zertuche Garza 361-826-3102 THE HEB 17TH ANNUAL "FEAST OF SHARING" HOLIDAY DINNER Corpus Christi, TX -- H -E -B Grocery Company, in partnership with the City of Corpus Christi, will present the 17th Annual "Feast of Sharing" Holiday Dinner for the people of Corpus Christi and the surrounding areas to benefit the elderly, disabled, Tess fortunate, lonely and families of active military personnel. The offerings of the dinner will include a nutritious meal, entertainment and activities for the children. The dinner will be held at the American Bank Center Convention Center, on Christmas Eve Day, Saturday, December 24, 2005 from 11:00 a.m. to 3:00 p.m. The dinner is free to all who attend. The Chef's Association and the Del Mar Culinary Arts Students will prepare to cook for over 10,000 guests beginning on Friday, December 23, 2005 at the American Bank Center. Many people do not realize that even though over 1,000 volunteers come to the American Bank Center on Christmas Eve to help serve the holiday meal, all of the cooking is done by a team of only about 30 people including Chef's from the Corpus Christi Chapter of Texas Chef's Association, Culinary Arts student from Del Mar College and Mess Specialists from Naval Station Ingleside. The preparation begins with the slicing of 1 1/2 tons (3,000 lbs.) of ham into 20,000 slices, and layering it in pans, so that it will be ready to go into the ovens in time for the December 24th event. In addition to the traditional ham entree, the menu will include tamales, 500 gallons of mashed potatoes with gravy, 300 gallons of green beans, 10,000 bread rolls, 1,200 apple pies, soft drinks and coffee for 10.000 guests. Chef Mark Carpenter and his team will be among the local chefs providing leadership for future chefs from Del Mar College at the annual dinner. Dee Haven, Food Chairman for the Dinner said that "This event provides a one of a kind mass feeding experience for the culinary arts students, and they also benefit from working along side the community's top chefs. To add to the excitement is the use of the American Bank Center kitchen facilities with the aide of Chef Roderick of Centerplate and his team." Over 1,200 volunteers will be assigned to successfully present this year's dinner. Volunteers will perform the following duties: food preparation and serving home deliveries, decorations, children's activities, entertainment, ushers and many other duties. To volunteer, please call the Volunteer Center at 887-8282 ext 10 or 19. For home deliveries please call 826-3150 by December 20, 2005. ### 4 32 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Work -Force 1 Quarterly Update OUTSIDE PRESENTER(S): Name Title/Position Organization Rick Zamarripa Director of Business Development, Work -Force 1 ISSUE: Work -Force 1 Quarterly Update highlighting: • An Annual Review of Major Workforce Activities • State of the Workforce, including statistical labor market data on: Employment (Industry Gains & Losses, Industrial Employment Composition & Projections) Unemployment (Claimants, Comparison to Like Cities/States, Size and Classes of Businesses in this Area, Training Results/Job Seeker & Business Services) • Initiatives Addressing Current Workforce Challenges - Apprenticeship Funding - Work Skills Enhancement Grant - Hurricane Katrina National Emergency Grant (NEG) Project BRAC NEG Impact Study • Initiatives Addressing Future Workforce Challenges - Marketing Initiative Emerging Technology Fund Facilities Plan Texas Department of Family and Protective Services for a Community Youth Development Program BRAC Implementation Transitional Services REQUIRED COUNCIL ACTION: None Oscar R. Martz Assistant City Manager Additional Background Exhibits 33 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION City Council Action Date: 12/13/2005 AGENDA ITEM: Discussion of Water Issues During the Last Legislative Session and the Interim, and Possible Issues during the 2007 Legislative Session STAFF PRESENTER(S): Name Title/Position 1. Tom Utter Special Asst. to City Manager 2. Ron Massey Assistant City Manager 3. R. Jay Reining Assistant City Attorney OUTSIDE PRESENTER(S): Name Title/Position 1. Vilma Luna 2. Ron Lewis 3. Tim Brown State Representative President, Lewis and Associates, Austin, TX Attorney at Law, Austin, TX ISSUE AND BACKGROUND: Issues regarding water including supply, water rights, state control vs. local control and desalination, among others, are some of the priority issues for the City during legislative sessions. Representative Vilma Luna has taken the lead in our House delegation in representing the City on all of the water issues. Representative Luna was the House sponsor of and introduced the bill creating the Corpus Christi Aquifer Storage and Recovery Conservation District. (Senator Hinojosa, given his position on the Senate Natural Resources Committee has provided our oversight in the Senate on all of these issues.) Mr. Ron Lewis, who is one of the most influential lobbyists in Austin, has a keen interest in and knowledge of water and water rights, has worked with the City on these issues for several years. Mr Tim Brown, who is regarded as one of the outstanding water and water rights attorneys in Texas, has represented the City in these issues for many years Staff felt that it was appropriate as we near one year before the next session to provide the Council an opportunity to hear directly from Representative Luna and our water lobbying team in Austin REQUIRED COUNCIL ACTION: None (.11�'t. ern W. Thomas Utter Special Assistant to the City Manager 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12-13-2005 AGENDA ITEM: Appointment of the Initial Five Directors of the Corpus Christi Aquifer Storage and Recovery Conservation District. ISSUE: The Corpus Christi Aquifer Storage and Recovery Conservation District (CCASR) was created in the last legislative session. The District is governed by a five -member Board of Directors that must be appointed by the City Council. REQUIRED COUNCIL ACTION: The State statute requires that the five -member Board of Directors initially be approved by the City Council and that all of the officers must be confirmed by the City Council. As with most of this type of instrumentality boards, staff normally recommends that the Council appoint members of the Council as the board (for example, Housing Finance Corporation and Corpus Christi Community Improvement Corporation). The CCASR falls under provisions of laws applicable to groundwater districts (Chapter 36, Texas Water Code), which effectively prohibits the City Council from serving as members of the CCASR Board. Staff is recommending that the Council appoint as the initial Board of Directors City staff members as follows: Ron Massey, Assistant City Manager Oscar Martinez, Assistant City Manager Eduardo Garana, P.E. Water Director Max Castaneda, Water Resources Management Advisor Tom Utter, Special Assistant to the City Manager PREVIOUS COUNCIL ACTION: The City Council included the creation of an aquifer storage and recovery conservation district as one of its priority legislative action items. FUNDING: It is anticipated that any needed funding for the aquifer storage and recovery activities of the district will be an overall part of the funding of the City's water system and will be accomplished on an intergovernmental cooperation agreement between the City and the new district CONCLUSION AND RECOMMENDATION: With the enactment of the CCASR legislation, one of the City Council's highest priorities was accomplished. Staff recommends the appointment of the initial Board of Directors as outlined above. WT Thomas Utter Special Assistant to the City Manager Attachments BACKGROUND INFORMATION The Corpus Christi City Council, in adopting the City's legislative agenda for the 2005 session included the creation of a Corpus Christi Aquifer Storage and Recovery Conservation District as one of its top priority issues. With Representative Luna in the House and Senator Hinojosa in the Senate sponsoring identical bills, legislation was passed that created the district. During the legislative process, City staff coordinated extensively with San Patricio County. Nueces County, and Kleberg County. The legislation was modified on several occasions to address various county concerns and the passage was with the endorsement of all of the parties. The statute is an amendment to Chapter 36 of the Texas Water Code that provides rules for groundwater districts. The general powers of the district allow the implementation and development of aquifer storage and recovery projects. Specifically, the district may also protect those projects from any other intrusion. The area covered by the district includes the city limits of the City of Corpus Christi and: (1 9 property owned by or under contract to the City of Corpus Christi in Nueces and Kleberg Counties; and (2) an San Patricio County, virtually all of the Nueces River delta. The district is governed by a five -member Board of Directors that serves staggered four-year terms appointed by the City Council. Any vacancy is filled by the Board to serve the remained of the term. The Board shall annually elect officers who must be confirmed by the City Council. The district may not impose taxes nor issue bonds nor can the district exercise the power of eminent domain. The district can and is proposed to enter into an intergovernmental cooperation agreement with the City of Corps Christ to implement ASR projects. The first two ASR projects that are being considered and have been previously discussed with the Council are in the Nueces River delta and on GLO land immediately south of the city limits on Padre Island. Attached is a copy of Senate Bill 1831, the enabling legislation. 35 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/13/05 AGENDA ITEM: Approval of an MOU between the City of Corpus Christi ("City"), the Corpus Christi Regional Economic Development Corporation ("EDC") and the Corpus Christi Business and Job Development Corporation ("4A"). ISSUE: Providing a set of guidelines to more fully define the role of each party to the agreement and in particular specifying actions to be taken by the EDC, as the lead agency performing activities for economic development, when proposing a project for 4A funding. REQUIRED COUNCIL ACTION: Approval of the MOU . Irma Caballero Economic Development Director Attachments: ':Documents and SettingsdnnaCa\Desktop\CouncilAgenda Item MOU .doc RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF CORPUS CHRISTI, THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND THE CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION RELATING TO ECONOMIC DEVELOPMENT ACTIVITIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City of Corpus Christi, the Corpus Christi Business and Job Development Corporation, and the Corpus Christi Regional Economic Development Corporation each participate in economic development activities for Corpus Christi; WHEREAS, the entities desire to more clearly define the roles and activities of each entity in economic development by the execution of a memorandum of understanding; WHEREAS, the board of directors of the Corpus Christi Business and Job Development Corporation and the board of directors of the Corpus Christi Regional Economic Development Corporation have each approved the proposed memorandum of understanding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, SECTION 1. The Memorandum of Understanding among the City of Corpus Christi, the Corpus Christi Business and Job Development Corporation, and the Corpus Christi Regional Economic Development Corporation relating to economic development activities is hereby approved. A copy of the memorandum of understanding is attached as Exhibit „A. SECTION 2. The City Manager is hereby authorized to sign and the City Secretary is hereby authorized to attest to the Memorandum of Understanding approved by this Resolution. ATTEST: Armando Chapa City Secretary Approved: December 13, 2005 arVW. Smith Assistant City Attorney for City Attorney Eco Dev MOU 051213 THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi. Texas of , 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Eco Dev MOU 051213 2 MEMORANDUM OF UNDERSTANDING THE STATE OF TEXAS COUNTY OF NUECES The City of Corpus Christi. Texas ("City"), a home -rule municipality; the Corpus Christi Business and Jobs Development Corporation ("4A"), a Texas industrial development corporation, and the Corpus Christi Regional Economic Development Corporation ("EDC"), a Texas nonprofit corporation, each participate in the economic development activities of the Corpus Christi area. The governing body of each party hereto to more fully define the role of each party in the economic development activities in the Corpus Christi area through this Memorandum of Understanding, approved by each governing body as evidenced below. "City," as a home -rule municipality, has authority under the Texas Constitution and statutes to create and implement incentive programs designed to promote economic development. "4A, as an industrial development corporation established under Texas Revised Civil Statutes, Article 5190.6, Section 4A, has authority to expend funds for the promotion and development of new and expanded business enterprises, as follows: a, Education/Skills Development making grants to companies and organizations to provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future, b. Business Development/Incubation—developing programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future, and c. Jobs—assisting companies in the creation of meaningful, wealth producing jobs. "EDC" was organized for the purpose of promoting economic development of the Corpus Christi area through organizing, coordinating, and leading the expansion of the area's economic base through actions and programs that encourage and cause retention, expansion, and recruitment of industrial, manufacturing, distributing, and service employers. "City" and "EDC" has contractually agreed that "City" will pay "EDC" reasonable compensation to provide the following services: a. Create and implement programs and strategies designed to promote the prosperity of, retention of, and expansion of existing industries and business enterprises. b. Aggressively recruit and promote the Corpus Christi Bay area to prospects for new industries and business enterprises, particularly those which would substantially increase employment. c. Negotiate, subject to the approval of the City Council of "City" or other applicable jurisdictions, attractive, sound, and economically viable incentives designed to foster the maintenance and expansion of existing industries and business enterprises as well as the inducement of new ones. d Advise and update "City" of "EDC's" status and progress on a quarterly basis. e Undertake. from time to time. contingent upon both finding and resources, and at the direction of "EDC's" board of directors: 1. developing information and conducting research on area and regional economics, finance, education and training, housing, planning, development, and other similar areas of public concern which are deemed necessary to further its efforts; and 2. assisting in the dissemination of pertinent local information by using a broad range of delivery vehicles as deemed prudent and effective; f. Conduct any and all other lawful activities which aid, assist, and encourage the economic prosperity and development of "City." "4A" has authorized the following business incentives: a. land, facilities, equipment and infrastructure grants, b loan participation/guarantees. c direct low interest loans, d rent subsidies. e. relocation and moving expense grants, and f. job training grants/loans. The parties hereto agree that "EDC" will be the lead agency to perform the following activities for economic development: a "EDC" will be the conduit for all primary/base employers interested in local assistance from "City" or "4A." b. "EDC" will prepare a proposal for each project and include information on the company, industry, markets, and products. Each proposal will document job creation and capital investment numbers for inclusion in the proposal. c "EDC" will suggest a proposed deal structure. d "EDC" will prepare an economic and fiscal impact analysis of the project. e "EDC" will secure an independent analysis of the company's financial strength relative to industry standards. f. "EDC" will assist "City's" legal department in developing the necessary performance agreements. g. "EDC" will conduct performance audits (compliance testing) annually and report findings to "City" and "4A" as appropriate. "EDC" will conduct other investigations and prepare other reports necessary for the determination of a project's or company's eligibility for economic development assistance or continuation of assistance from "City" and/or "4A." ' and "4A" will rely on the information provided by "EDC" in making a determination of whether to grant or deny any economic assistance requested by a company or for a project. This Memorandum of Understanding will continue in effect until modified by mutual agreement of the parties evidenced by action of each party's governing body. Any party to this Memorandum of Understanding may terminate this Memorandum of Understanding by giving sixty (60) days notice of its intention to so terminate to the other parties hereto. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: "City„ City of Corpus Christi. Texas City Manager P. O. Box 9277 1201 Leopard Drive Corpus Christi, Texas 78469 "4A" Corpus Christi Business & Job Development Corporation President 1201 Leopard Drive P. O. Box 9277 Corpus Christi, Texas 78469 "EDC" Corpus Christi Regional Economic Development Corporation President One Shoreline Plaza 800 N. Shoreline, Suite 1300 South Corpus Christi, Texas 78401 The relationship of "EDC" to "City" and "4A" shall be that of an independent contractor. "City" and "4A" shall have no authority to direct the day-to-day activities of any of "EDC's" personnel decisions, and shall have no other rights to internal working papers or other information or data than "EDC" would have to any other independent contractor providing specific services (e.g. museum services, weed cutting, legal services, auditors). Without in any way limiting the generality of the foregoing, it is specifically acknowledged and agreed that "EDC" has bargained for the confidentiality of all internal information and data that it generates, other than that required to be submitted to "City" and "4A" pursuant to this Memorandum of Understanding, in order to foster and promote competition, to assure the integrity of the competitive process, and to protect proprietary or innovative business strategies and concepts. This Memorandum of Understanding shall bind and benefit "EDC," "City," and "4A" and shall not bestow any rights upon any third parties. This Memorandum of Understanding was approved by "EDC" Board of Directors at its meeting held on , 2005 This Memorandum of Understanding was approved by "4A" Board of Directors at its meeting held on , 2005 This Memorandum of Understanding was approved by "City" City Council at its meeting held on . 2005 IN WITNESS WHEREOF, the parties have made and executed this Memorandum of Understanding in multiple copies. each of which shall be an original, on this the day of , 2005. City of Corpus Christi, Texas George K. Noe, City Manager ATTEST: Armando Chapa, City Secretary Corpus Christi Business & Job Development Corporation A I'TEST: Secretary Corpus Christi Regional Economic Development Corporation Roland C, Mower, President & CEO ATTEST: Secretary 36 CITY COUNCIL AGENDA MEMORANDUM December 13, 2005 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a contract with Next Step Consulting, LLC, in the amount of $100,000 for consulting services related to development of citywide broadband wireless network. B. Motion to employ the Bailer Herbst Law Firm of Washington D.C. to provide legal services related to citywide broadband wireless network, at hourly rate not to exceed $265 per hour, subject to certification of funds. ISSUE: The citywide wireless broadband (WF1) mesh network is currently being deployed. Consultant services from Next Step Consulting and legal services from The Bailer Herbst Law Group are needed to create business models and establish collaborations to produce the hardware, software, and services needed to operate business and government under WiFi. The Bailer Herbst Law Group is recommended for their knowledge and experience in the areas of high-speed broadband communications, Internet access, and telecommunication laws, REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: • City Council approved purchase of the ITRON handheld meter reading system on August 26, 2003 • City Council approved a Contract with Public Technology Institute, Inc of Washington DC to provide consulting services for the Automated Meter Reading / Wireless Broadband Network Pilot project on October 21, 2003 • City Council approved a contact with Tropos Networks, Inc. and Public Technology Institute, Inc of Washington, DC to provide the wireless broadband network necessary for the implementation of the Automated Meter Reading / Wireless Broadband Network Pilot project on May 18, 2004 • City Council awarded a contract to Northrop Grumman Commercial Information Services, Inc. of Herndon, VA to provide and implement an Automated Meter Reading pilot solution on August 17, 2004 • City Council approved a contract with Public Technology Institute, Inc of Washington, DC to provide Consulting Services for an accurate physical meter inventory to support the Automated Meter Reading pilot project on March 8, 2005 = City Council approved a contract with Public Technology Institute, Inc of Washington, DC to provide Consulting Services for support of the Digital City Initiative on March 8, 2005 • City Council approved a contract with Northrop Grumman Information Technology, Inc. of Herndon, VA to design, install and test citywide wireless broadband mesh network on August 23, 2005 • City Council approved a contract with Public Technology Institute, Inc. of Washington DC for support of Digital Communities Effort on August 23, 2005 FUNDING: Amount Budgeted $200,000 Source of Funds 530000-4475-200467 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motions as presented. �w- Ogilvie Gericke, Director of Information Technology )7/41 Mary y F' er, City Attorney AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NEXT STEP CONSULTING, L C TO PERFORM PROFESSIONAL CONSULTING SERVICES FOR WI -FI PROGRAM This Agreement to perform professional consulting services ("Agreement" or "Contract") is entered into by and between the City of Corpus Christi, a municipal corporation, ("City"), and Next Step Consulting, L.L C., a Texas limited liability company ("Consultant"), effective for all purposes upon execution by the City Manager or his designee. NOW, THEREFORE, Consultant and City agree as follows. I. SCOPE OF PROJECT The City has been identified by Intel Corporation for project known as the Digital Communities Initiative, whose goal is to explore and develop services and products to operate businesses and provide government services in a wi-fi environment. Towards that goal, the City issued a Call for Partnership to solicit potential partners and request written expressions of interest to participate in the effort to establish a robust and viable broadband network for the benefit of the community. !l. SCOPE OF SERVICES Consultant will perform services in accordance with Proposal (for) City of Corpus Christi WiFi Network Business Implementation Initiative, ("Proposal") which is attached as Exhibit A. In the event of any conflict between this Agreement and the Proposal, this Agreement shall control. III ORDER OF SERVICES The Consultant agrees to begin work upon receipt of the executed contract. A preliminary project schedule is attached in Exhibit A. IV FEE FOR SERVICES The City shall pay the Consultant a hourly rate of $120 for providing the services described in Exhibit A This fee shall be full and total compensation for services and for all expenses incurred in performing these services. Consultant shall invoice the City at end of each month for services performed in that month Each monthly invoice shall contain description of task(s) performed, hours of service performed, dates of service performed, and all other information as requested by Director of Municipal Information Systems or designee. Payments shall be issued within 30 days of receipt of invoice Services above $100,000 require additional written authorization V EFFECTIVE DATE, TERM. AND CONTRACT ADMINISTRATOR A This agreement takes effect upon execution by the City Manager or his designee. B The term of this agreement is December 5, 2005 through July 31, 2006, unless sooner terminated in accordance with Section VI below. C. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including authorizations for payment. All of Consultant's notices or communications regarding this Contract must be directed to the Contract Administrator, who is the Director of Municipal Information Systems, or designee. VI TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this Agreement upon one (1) week written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared by the Consultant, at the option of the City, will be delivered to the City and become the property of the City. In such event of termination without cause, City will be invoiced for the actual time and charges accumulated through the date of termination. VII APPROPRIATIONS All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, will be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. VIII ASSIGNABILITY The Consultant will not assign, transfer, or delegate any of his obligations or duties in this Agreement to any other person without the prior written consent of the City. The performance of this Agreement by Consultant is the essence of this Agreement and City's right to withhold consent to such assignment will be within the sole discretion of the City on any grounds whatsoever IX INDEPENDENT CONTRACTOR Consultant will perform all professional services as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions will an agent, servant, or employee of the Consultant be considered an employee of the City. X SUBCONTRACTORS Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement will be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. XI APPLICABLE LAW This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas, or the offices of Consultant as appropriate. The applicable law for any legal disputes arising out of this Agreement will be the law of Texas and such forum and venue for such disputes will be the appropriate federal, district county, or justice court in and for Nueces County, Texas XII WAIVER No waiver of any breach of any term, or condition of this Agreement, will be construed to waive any subsequent breach of the same XIII NOTICE Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third business day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY City of Corpus Christi Attention: City Manager P O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.. (512) 880-3601 IF TO CONSULTANT Next Step Consulting. L..L C. Attn Brian Anderson, President 2 Tanglewood Lane Malvern, PA 19355 XIV AMENDMENT This Agreement may be amended only by written Agreement signed by duly authorized representatives of the parties hereto. XV DISCLOSURE OF INTERESTS Consultant further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Interest form attached as an Exhibit to this Agreement. XVI. INSURANCE Consultant will comply with the Insurance Requirements provided in the attached Exhibit. XVI INDEMNIFICATION Consultant agrees to indemnify and save harmless the City, its agents, servants, and employees from any and all liabilities, claims, losses, damages, or expenses, including reasonable attorney's fees , resulting from Consultant's negligence or willful acts or omissions in performance of this Agreement. XVII INTELLECTUAL PROPERTY City shall own all right, title, and interest in and to all of the documents prepared by Consultant under this Agreement. Consultant may retain copies for its archives and internal uses. XVIII FORCE MAJEURE Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, terrorism, embargo, civil or military authority, act of God, act or omission of carriers or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. ATTESCITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager Date: Approved as to legal form this S' day of 1-)-<--c-- 2005 By: oC Assistant City Attorne for City Attorney CONSULS Step Consulting, L.L.C. By. Name: Brian Anderson Title: President , Date 6 ^(1•()0r Exhibit A Next Step Consulting, LLC 2 Tanglewood Lane Malvern, PA 19355 PROPOSAL City of Corpus Christi WiFi Network Business Implementation Initiative Prepared for Leonard Scott - MIS Business Unit Manager, City of Corpus Christi Prepared by. Brian Anderson - President, Next Step Consulting, LLC DESCRIPTION The City of Corpus Christi is currently deploying a cellular WiFi network throughout its entire 147 square mile area. The citywide cellular WiFi network initiative was started in 2004 when it was identified as a critical component of the City's Automated Meter Reading (AMR) capital improvement project. Beyond government application use, the City intends to establish a public access business that leverages its investment in the network to create economic and community value by providing local business and residents with convenient access affordable network applications and services. Brian Anderson, of Next Step Consulting, LLC, has worked as a consultant for the City from the original AMR proposal through the development of a WiFi Business Plan. The City is in the process of completing a business plan that is focused on achieving measurable government, economic, and community goals. The City will work with community, local business, and private sector organizations to develop the structure and strategy for the business plan. The City will use the business plan as a guide for implementing an effective WiFi Network business operation. The implementation of WiFi Network business operation will include the following key tasks: Establishing a business management operation to administer public access services provided through the WiFi network Establishing partnerships with private -sector, government, and non-profit community organizations to provide relevant network services (i.e., e-commerce, e -learning, Internet, etc.) to the public. Actions to support this task will include the development of integrated product and service offerings, RFPs, cost sharing/revenue sharing agreements, and a management organization Marketing and community outreach activities that gain community input to develop relevant network services and maximize market penetration. Implementing the application infrastructure required to deliver defined public access services. Principal application components will include a web portal that provides integrated e- commerce, e -learning, Internet access, and other services that serve to provide measurable economic development and community value. In addition, the City will also continue to implement department WiFi Network applications the measurably enhance the effectiveness and efficiency of City services and operations. PROPOSED SERVICES Next Step Consulting, LLC is proposing to provide the City of Corpus Christi with planning and development services required to effectively implement the WiFi Network business operation as well Exhibit A as City department network applications as defined in the Description section of this proposal as directed by the City's Municipal Information Services (MIS) department. SCHEDULE The proposed planning and development services will begin December 5, 2005 and extend through July 2006. Because the City is innovator in the development of the proposed municipal WiFi Network business model, it is not practical to define detailed tasks and deliverables within this proposal. Under the direction of the City's MIS department, a detailed schedule of activities and deliverables will be defined on an ongoing basis and communicated through regular planning and status reports. RESOURCE Brian Anderson — Principal Consultant Brian Anderson has over 20 -years of IT planning and consulting experience. Brian has been a principal consultant for the City Corpus Christi through AMR and WiFi Network planning and development activities from the original AMR proposal through the WiFi Network business planning activities COST The cost for this proposal will include City approved work hours and expenses. Brian Anderson will work at a rate of $120 per hour. Travel and business related expenses will not exceed the City's defined per diems and allowances. Total costs for this effort are estimated at $100,000 or less. EXHIBIT B DISCLOSURE OF INTERESTS FORM City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for definitions. COMPANY NAME P O. BOX: STREET CITY. ZIP: FIRM IS 1 Corporation ( 1 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ) 5.Other( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title (Type or Print) Signature of Certifying Person: Date DEFINITIONS a "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas e "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. iConstructively heldt_ refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. ❑ f "Consultant " Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 3( cl Iw pi 2 3 4 15 6 EXHIBIT C INSURANCE REQUIREMENTS CONSULTANT'S LIABILITY INSURANCE A Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Consultant must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager, The City must be named as an additional insured for the General and Automobile liability policies and a blanket waiver of subrogation is required on all applicable policies (PE OF INSURANCE MINIMUM INSURANCE COVERAGE )-Day written notice of cancellation, material range, non -renewal or termination and a 10 day -Men notice of cancellation for non-payment of emium is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate OMMERCIAL GENERAL LIABILITY including: Commercial Form Premises — Operations Products/ Completed Operations Hazard Contractual Liability Independent Contractors Personal Injury $2,000,000 COMBINED SINGLE LIMIT UTOMOBILE LIABILITY --OWNED NON -OWNED R RENTED $1,000,000 COMBINED SINGLE LIMIT ROFESSIONAL LIABILITY including: overage provided must cover officers, directors $2,000,000 COMBINED SINGLE LIMIT employees and agents ERRORS AND OMMISIONS WORKERS COMPENSATION Page 11of11 WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 11 OF THIS ACT AND PARAGRAPH 2 OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 C In the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. II ADDITIONAL REQUIREMENTS A Consultant must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. B Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General and Automobile liability policies and a blanket waiver of subrogation is required on all applicable policies * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In the alternative, a policy endorsement stating the required cancellation language will be accepted. " The name of the project must be listed under "Description of Operations" • At a minimum, a 30 -day written notice of cancellation, material change, non -renewal or termination and a 10 -day written notice of cancellation for non-payment of premium is required C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.6 (1)-(6), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(6) are included or excluded. H:\LEG-DIR\Lisa\MIS 20051Next Step Consulting Nov 2005.doc 37 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 13, 2005 AGENDA ITEM: A motion authorizing all new leases for any and all land and/or facility owned by the city and leased to youth programs to include in the new lease a clause mandating that leagues require their parents take a state or nationally recognized parent and coach sportsmanship program. ISSUE: Education of parents is needed to improve the experience of children that participate in sports, REQUIRED COUNCIL ACTION: Approve motion as presented. PREVIOUS COUNCIL ACTION: None FUNDING: None CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the motion. /�/�4 Sally Gav' , Director Parks a Recreation Department Attachments: Background Information H'\PR-DIRISHARED\AGENDA ITEMS\Council Meetings\2005\12-13-05\Sportmanship Program for Youth.DOC BACKGROUND INFORMATION There are many positive aspects to youth sports. Participation in organized sports can provide a healthy, ready-made social life. Ballparks and gyms can offer wholesome gathering places for parents and their children. Organized youth sports are very popular in our community; however there is a national and local concern with the demands and atmosphere which could affect children. There are several excellent Youth Sports Parents Training Programs. Training includes: education on health concerns such as heat and hydration; how to keep sporting events safe for children; methods to reduce violence at games and/or tournaments; maintaining children's self-esteem; and the recognition that adults who are involved in children's sporting activities act as important role models. A meeting was held on November 22, 2005 with leagues that currently hold leases on city property The meeting was to inform the leagues about the program being proposed to Council for adoption. There were 17 leagues in attendance at the meeting. Eleven of those signed a petition in support of a Youth Sports Parents Training Program. Three of the leagues were going to speak to their Boards about supporting the program prior to signing the petition, and the other three did not offer to sign the petition. Copies of the signed petitions are attached. H\PR-DIR\SHARED\AGENDA ITEMS\Council Meetings12005\12-13-05\Sportmanship Program for Youth.DOC PARENTS YOUTH SPORTS TRAINING PROGRAM I am in support of the City of Corpus Christi, Parks and Recreation Department pursuing a Parents Youth Sports "Training Program that would he mandatory for all parents prior to their children playing in a league NAME OF LEAGUE 1 CJ S(Xi% 0 )4 C__. CONTACT PERSON , , 1. JA Lvloc,,... del COvi k a 4. Ca‘4-tciaL ctly \.IA0.ti4- x,Oioss es Ore �7 occek �L %PiLL 4) Afit4S ii )' ,.� 414, 6(. TG✓4S�F// ec_/1:u.Al{/'l I) Dee kyptAZitv s (kw6 'IA) f) Get 51,21,64-v �G1(2(n 38 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 13, 2005 AGENDA ITEM: A resolution expressing City Council's support for the grassroots community-based initiative to address gang related crime in Corpus Christi. ISSUE: On October 25, 2005 representatives of the Corpus Christi Police Officers' Association (CCPOA) addressed the City Council concerning an initiative they had begun to work on with community stakeholders to develop a gang suppression and intervention program. Stakeholders included representatives of community based organizations, the judicial system, business and law enforcement. The CCPOA requested that the Council endorse the initiative and that CCPD management participate. This resolution responds to that request. The resolution has been reviewed by the CCPOA and the Police Chief who concur and support it. REQUIRED COUNCIL ACTION: Approval of the resolution as presented. org'e'K. Noe City Manager Attachments: Resolution RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXPRESS CITY COUNCIL'S SUPPORT FOR THE GRASSROOTS, COMMUNITY BASED INITIATIVE TO ADDRESS GANG -RELATED CRIME IN CORPUS CHRISTI WHEREAS, all Corpus Christi citizens desire to have a community free of crime where residents in all neighborhoods feel safe and secure, and WHEREAS, crime prevention and reduction strategies are most effective when they involve a broad-based community partnership including business, law enforcement, residents, the judicial system, community based organizations and other community stakeholders, and WHEREAS, the Corpus Christi Police Officers Association (CCPOA) has entered into a program to work with a grassroots coalition to develop a gang suppression and intervention program, and WHEREAS, such an initiative should result in recommendations which will be effective in addressing gang -related crime, and WHEREAS, the involvement of all stakeholders including Police Department management in the CCPOA's project is critical to its success. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the City Council endorses community-based strategies as the best vehicle for developing solutions to public safety issues and it supports the initiative of the CCPOA to develop a strategy for gang suppression and intervention using grassroots community involvement. SECTION 2. That the City Council urges the City Manager, the Police Chief, representatives of the management of the CCPD, and stakeholders in the community to participate with the CCPOA in this initiative. RESO ;:cpoa.doc.11a ATTEST: Armando Chapa City Secretary APPROVED: December k'� 2005 f1(tG� SCG Mary KjFiscD City Attomey RESO ccpoa.doc.11a THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of . 2005 The above resolution 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 RESO ccpoa.doc.11a 39 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/13/05 AGENDA ITEM: Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-88, Age of Vehicle, to increase the maximum age of a taxicab already in service from eight (8) years to ten (10) years; Section 57-97, application for taxicab drivers permit, to provide for a temporary permit upon finding that the applicant's criminal background check comports with the requirements found at Section 57-98. ISSUE: The ordinance change allows cab companies to utilize their vehicles longer and provides for a more streamlined application process as requested by the cab companies. BACKGROUND: The average taxicab is several years old before it is ever placed into service (it is usually a retired police unit). The vehicles receive a quarterly mechanical inspection to determine their fitness and if a vehicle were unfit, it would be identified as such, regardless of its age. Raising the maximum age of a vehicle already in service would require less frequent replacement of vehicles by the owners. The current ordinance mandates the taxicab driver's permit applicant to submit proof of a medical physical and the completion of a defensive driving course before a permit will be granted. Because the time required to obtain this information can be lengthy, the instant recommendation provides for a 30 -day temporary taxicab driver's permit so an applicant may be employed as a driver while completing the application process. The taxicab company owners agree with the recommended modifications. REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the ordinance changes. Attachments: Ordinance P. Alvarez, Jr. Chief of Polic ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-88, AGE OF VEHICLE, TO INCREASE THE MAXIMUM AGE OF A TAXICAB ALREADY IN SERVICE FROM EIGHT (8) YEARS TO TEN (10) YEARS; SECTION 57-97, APPLICATION FOR TAXICAB DRIVER'S PERMIT, TO PROVIDE FOR A TEMPORARY PERMIT UPON FINDING THAT THE APPLICANT'S CRIMINAL BACKGROUND CHECK COMPORTS WITH THE REQUIREMENTS FOUND AT SECTION 57- 98; AND PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-88, Age of vehicle, is hereby amended as follows: Sec 57-88. Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service which to be more than six (6) years old at the time it is placed into service, nor more than eight -(8) ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles • - - - _ ' - _ which are more than eight(8) ten (10) years old, as calculated above, may be used as taxicab vehicles. SECTION 2. That the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-97, Application for taxicab driver's permit, is hereby amended as follows: Sec 57-97. Application for taxicab driver's permit. u To obtain a city taxicab driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed. (3) The applicant's place of residence for the past five (5) years. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and three (3) prints of the applicant's photograph. (5) Whether applicant has had experience driving a taxicab or in a related type of work (6) Whether applicant has been convicted of or charged with a felony, misdemeanor or traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab employer The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from, a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course. (b) An applicant may receive a temporary taxicab driver's permit that will expire 30 calendar days after the date it is granted while pending satisfaction of items (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at Sec. 57-98, Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. SECTION 5. Violation of this ordinance is an offense, punishable as provided in section 1-6 of the City Code of Ordinances That the foregoing ordinance was read for the first time and passed to its second reading on this the — day of 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2005, by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly APPROVED AND PASSED on this day of , 2005. ATTEST - Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form Approved:�i�w�i� � 74 , 2005; Randy A. Stoneroad Assistant City Attomey