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HomeMy WebLinkAboutAgenda Packet City Council - 12/20/2005 CITY COUNCIL AGENDA DECEM BER 20, 2005 Corpus Christi M-AmericaCiIV 11:45 A.M. - "At Your Service Award", City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 20, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un inter prete 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 seNices 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 Evangelist Napoleon Johnson, Faith Mission Outreach. 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 Tern Jerry Garcia Council Members: Brent Chesney Melody Cooper Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of December 13, 2005. (Attachment # 1) Agenda Regular Council Meeting December 20,2005 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * City Council Youth Advisory Committee Corpus Christi Regional Economic Development Corporation Electrical Advisory Committee Museum of Science and History Advisory Committee North Padre Island Development Corporation Transportation Advisory Committee * * * * * G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20,2005 Page 3 3. Motion approving a supply agreement with Mueller Company, of Decatur, Illinois for approximately 6,625 gas meter valves ranging in size from 1" to 1 %" in accordance with Bid Invitation No. BI- 0024-06 based on low bid meeting specifications for an estimated annual expenditure of $79,064.50. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY 2005-2006. (Attachment # 3) 4. Motion approving the purchase of laboratory casework furniture from VWR International, of Irving, Texas in the amount of $83,284.06. The equipment will be used by the Health Department and is purchased in accordance with the State's Cooperative Purchasing Program. Funds are available from the Health Department Bioterrorism Preparedness Grant Fund. (Attachment # 4) 5. Motion approving a supply agreement with AMTEX Security, Inc., of Corpus Christi, Texas for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI-0018-06 based on low bid meeting specifications for an estimated annual expenditure of $86,870. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the Aviation Department in FY 2005-2006. (Attachment # 5) 6. Motion approving the lease purchase of one (1) aerial ladder truck and one (1) 2000 GPM pumper truck from Siddons Fire Apparatus, of Manor, Texas for the total amount of $1 ,043,719, of which $14,318.18 has been budgeted for FY 2005-2006. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These units are replacements. Financing will be provided through the City's lease/purchase financing program with an initial payment scheduled for July 2006. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20,2005 Page 4 7. Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance with the State of Texas cooperative purchasing program for a total price of $208,097.70. The traffic signal equipment will be used by the Street Department to monitor and control traffic signals at signalized intersections. Funds have been budgeted by the Street Department in FY 2005-2006. (Attachment # 7) Paradigm Traffic Fort Worth. Texas Item No.: 1-9 $141,290 Control Technologies T omball , Texas Item No.: 10-12 $66,807.70 Grand T atal: $208,097.70 8.a. Motion adopting the timetable for the FY2006 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (Attachment # 8) B.b. Resolution amending Council Policy No.9, entitled COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS, by adding language relating to the creation of jobs; and reaffirming the objectives and guidelines of the policy. (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005 Community Development Block Grant (CDBG) Program. (Attachment # 9) 9.b. Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005 HOME Program. (Attachment # 9) 10.a. Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $27,733.33, for a third year of grant funding for an Assistant Compliance Officer salary, with a City Match of $2,500 in the No. 1020 General Fund, and a total project cost of $30,233.33. (Attachment # 10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) t9 Agenda Regular Council Meeting December 20,2005 Page 5 10. b. Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative Program. (Attachment # 10) 10.c. Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $10,000 to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance, with a City match of $10,000 in the No. 1020 General Fund, and a total project cost of $20,000. (Attachment # 10) 10.d. Resolution authorizing the City Manager or his designee to submit a grant application to the Coastal Bend Council of Governments in the amount of $40,000, to purchase new used-oil collection units and HHW Storage Modules for the new Citizen's Collection Station at the J. C. Elliott Landfill. (Attachment # 10) 11 Motion authorizing the City Manager or his designee to execute an amendment to the Put/Pay Contract with Dawson Recycling, Inc., of Gregory, Texas offering a 15% discount off the contract rate when more than 33% of additional tonnage over the base 2,145 tons is delivered in a contract year. (Attachment # 11) 12. Resolution authorizing the City of Corpus Christi Parks and Recreation Department to submit a bid for the 2010 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Parks and Wildlife Department to be held in Corpus Christi, March 8 through March 13, 2010; and dedicating City resources and the commitment of the American Bank Center for a total cost of $20,000 to support the bid. (Attachment # 12) 13, Ordinance appropriating $30,000 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 for asbestos removal from the City facility located at 1409 Leopard Street (a.k.a. the Sears Building); amending annual budget adopted by Ordinance 026385 by increasing appropriations by $30,000. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20, 2005 Page 6 14. Motion authorizing the City Manager or his designee to execute a construction contract with Coastal Resources, of Corpus Christi, Texas in the amount of $627,174.20 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2. (Attachment #14) 15. Motion authorizing the City Manager or his designee to execute Change Order NO.1 with Robles & Sons, Inc., of Cibolo, Texas in the amount of $58,488 for a construction contract for the Corpus Christi International Airport Air Traffic Control Tower Demolition Project for total restated contract amount of $333,488. (Attachment # 15) 16 Resolution authorizing the City Manager or his designee to execute two Interlocal Government Agreements with the San Patricio Municipal Water District for construction and maintenance of a new bridge crossing Hondo Creek and for maintenance of a 60-foot wide road to the City's proposed water pumping plant, both pending acquisition of an access easement from Koch Pipeline Co. L.P., all in connection with the Rincon Bayou Diversion Pipeline Project. (Attachment # 16) 17 Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Wayne Vann, President of the Navy-Army Credit Union (Developer) in the amount of $47,721.85 for the installation of public water lines to serve Cullen Place, Blocks B- 2A, B-2B, and B-2C located east of Airline Road and south of Alameda Street, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Attachment # 17) 18 Motion authorizing the City Manager to execute a Deferment Agreement with Corpus Christi Housing Finance Corporation, (Developer), in the amount of $95,018.74 for the installation of public water lines to serve West Park Addition Lots 2 and 3 located west of McBride Lane and north of Hampshire Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Attachment # 18) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ ~ ~ Agenda Regular Council Meeting December 20,2005 Page 7 19. Motion authorizing the City Manager to execute a Deferment Agreement with Mr. James P. Charnquist, (President) of Sage Properties and developer of Bay Vista Apartments, in the amount of$107, 101.69forpublicimprovements including curb, gutterand sidewalks, sanitary and storm sewer lines and water main to serve Furman Addition, Lots 1-11, Block 2 and portion of Bay View Avenue Subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Attachment # 19) 20. Ordinance abandoning and vacating an 82.50-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of East Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive; requiring the owner Bayport Development, I nc. to comply with the specified conditions. (Attachment # 20) 21 Ordinance abandoning and vacating a 612.70-squarefoot portion of a 1 O-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700-feet north of Teague Lane and west of and adjacent to Catfish Drive; requiring the owner to comply with the specified conditions. (Attachment # 21) 22. Ordinance abandoning and vacating a 716. 70-square foot portion of a 1 O-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750-feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail; requiring the owner to comply with the specified conditions. (Attachment # 22) 23. First Reading Ordinance - Regarding delinquent personal property tax penalty. (Attachment # 23) 24. Second 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. (First Reading 12/13/05) (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ Agenda Regular Council Meeting December 20,2005 Page 8 25~ Second 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. (First Reading 12/13/05) (Attachment # 25) 26. Second 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. (First Reading 12/13/05) (Attachment # 26) I. PUBLIC HEARINGS: 27.a. Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust Fund No. 4220-25041 0 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance. (Attachment # 27) 27.b. Ordinance appropriating and approving the transfer of $800,000 from the Sanitary Sewer Trunk System Trust Fund No. 4220- 250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6 (h) ofthe Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Platting Ordinance. (Attachment #27) 27.c. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Ford Tex Operating, developer of Saratoga Center, Lot 15, Block 1 (Montana Mike's Steakhouse) located east of South Staples Street and south of Saratoga Boulevard for the installation of a CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting December 20,2005 Page 9 12-inch over-size, over-depth PVC sanitary sewer collection line along the east side of South Staples Street between the City's Lift Station #5 and extending 664 linear feet south to a proposed manhole near the south property line of Saratoga Center, Lot 16, Block 1. (Attachment # 27) 27.d. Ordinance appropriating $153,922.48 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay Ford Tex Operating, for the installation of 664 linear feet over-size, over- depth 12-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Saratoga Center, Lot 15, Block 1 (Montana Mike's Steakhouse). (Attachment # 27) 28.a. Public hearing to consider an ordinance amending the Zoning Ordinance by adding Section 26-9 to allow for development of single family dwellings on non-conforming lots of record. (Attachment # 28) 28.b. First Reading Ordinance - Amending the Zoning Ordinance by adding Section 26-9 to allow for development of single family dwellings on non-conforming lots of record. (Attachment # 28) 29.a. Public hearing to consider amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and expand the Master Channel 27 drainage basin to 1,137 acres for a 100 year design. (Attachment # 29) 29.b. First Reading Ordinance - Amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin. (Attachment # 29) 30.a. Public hearing to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction Allocations and consider the Corpus Christi Commercial Revitalization Local Strategic Plan. (Attachment # 30) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ 1: r'I.,: i l ,'.. Agenda Regular Council Meeting December 20,2005 Page 10 30.b. Resolution nominating a project to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 30) 30.c. Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. (Attachment # 30) ZONING CASES: 31 Case No. 1105-02. JJAR Development. LLP.: A change of zoning from "F-R" Farm-Rural to a "R-1 B" One-family Dwelling District. The property is 22.386 acres out of Lot 26 and 27, Section 26, Flour Bluff and Encinal Farm and Garden Tract; located at Slough Road and approximately 3000 feet east of Rodd Field Road. (Attachment # 31 ) Planning Commission and Staff's Recommendation: Approval of a "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by JJAR Development, LLP., by changing the zoning map in reference to 22.386 acres out ofthe Flour Bluff and Encinal Farm and Garden Tract, Lot 26 and 27, Section 26, from "FR" Farm-Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 32 Case No. 1105-05. David Z. Conoly: A change of zoning from a "R-1 B" One-family Dwelling District to a "F-R" Farm-Rural District. The property is in Flour Bluff and Encinal Farm and Garden Tracts, Lot 20, Section 40, save and except 5.364 acres of property of Right-of-Way, City of Corpus Christi, located along Glenoak Drive, South of the Oso Creek, and approximately 1 ,350 feet east of Roscher Road. (Attachment # 32) Planning Commission and Staff's Recommendation: Approval of a "F-R" Farm-Rural District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20, 2005 Page 11 ORDI NANCE Amending the Zoning Ordinance, upon application by David Z. Conoly, by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Lot 20, Section 40, save and except 5.364 acres of property right-of-way, City of Corpus Christi, from "R-1 B" One-family Dwelling District to "F-R" Farm- Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 33. Case No. 1105-06. Orion Drilling Company: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property is .0024 acres out of 6.40 acres out of Roblex Industrial Area, Lot 21, Block 6, located north of Bates Drive and east of Flato Road. (Attachment # 33) Planning Commission and Staffs Recommendation: Denial of "1-3" Heavy Industrial District and in lieu thereof, approval of an "1-2" Light Industrial District with a Special Permit subject to approval from Zoning Board of Adjustment and yearly inspections by the Fire Marshall. ORDINANCE Amending the Zoning Ordinance, upon application by the Orion Drilling Company, by changing the zoning map in reference to .0024 acre of 6.40 acres of Roblex Industrial Area, Lot 21, Block 6, (currently zoned "1-2" Light Industrial District) by granting a special permit for a 2,000 gallon above ground fuel tank, subject to two (2) conditions and a site plan; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 34. Case No. 1105-07. Arriba Development: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-4" General Business District. The property is a vacant tract of land located north of Up River Road and Interstate 37 at the intersection of Session Road. (Attachment # 34) Planning Commission: Approval of a "B-4" General Business District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20,2005 Page 12 Staffs Recommendation: Denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570, Nueces County, from "R-1 B" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 35. Case No. 1105-01. First Family Church of Corpus Christi: A change of zoning from a "R-1 B" One-family Dwelling District to an "1-2" Light Industrial District. The property is 6.76 acres out of Block 1, Lot 1, First Family Church Tract, located north of Up River Road, south of Interstate Highway 37, 350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road. (Attachment # 35) Planning Commission: Denial of the "1-2" Light Industrial District. Staffs Recommendation : Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a "B-1 A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by First Family Church of Corpus Christi by changing the zoning map in reference to 6.76 acres out of Block 1, Lot 1, First Family Church Tract, from "R-1 B" One-family Dwelling District to "1-2" Light Industrial District; 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. 36. Results of 2005 Festival by Bayfest Organizers (Attachment #36) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20,2005 Page 13 37 Update on Municipal Coliseum Proposed Re-Use and Rehabilitation (Attachment # 37) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 38, 10:00 A.M. - Ordinance repealing Ordinance 026526 which amended the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing a pedestrian safe area. (Attachment # 38) 39 Motion approving a recycling service contract with Dolphin Recycling, of Corpus Christi, Texas for the intake and processing of residential recyclable materials in accordance with Request for Proposal No. BI-O 140-05, based on the only proposal received for an estimated annual revenue of $54,381.20. The term of the contract shall be for five years with an option to extend the contract for up to three additional five-year periods, subject to the approval of the supplier and the City Manager or his designee. (Attachment # 39) 40. Motion authorizing the City Manager or his designee to execute Amendment NO.5 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $1,894,815 for a total re-stated fee of $3,074,465 for the Water System Interactive Hydraulic Model and Analysis to include the following projects: (Attachment # 40) * Southside Transmission Main, Phase 7 Southside Transmission Main, Phase 8 Padre Island Elevated Storage Tank (1.0 MG) On-Going Modeling Support System Operational Protocol * * * * CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ Agenda Regular Council Meeting December 20,2005 Page 14 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 A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition 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 Iimitado, habra un inter prete ingles-espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 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 offuture Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCil PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting December 20, 2005 Page 15 41 CITY MANAGER'S REPORT * Upcoming Items 42. MAYOR'S UPDATE 43. 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 8: 00 p.m., December 16. 2005. ~ Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting December 13, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern Jerry Garcia Council Members: Brent Chesney Rex Kinnison Bill Kelly John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Melody Cooper Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Allen Mosiman with Parkway Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 15, 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 - 24). City Secretary Chapa announced that Council Member Scott was abstaining from the vote and discussion on Item 17. Council members requested that Item 6 be pulled for individual consideration. There were no comments from the public. A motion was made, seconded, and passed to approve Items 2 through 24, constituting the consent agenda, except for Item 6, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 13,2005 - Page 2 2.a. RESOLUTION NO. 026553 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. 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. 2.b. ORDINANCE NO. 026554 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. 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. ).a. RESOLUTION NO. 026555 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. 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. J,b. ORDINANCE NO. 026556 Ordinance appropriating $884,600 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning acti vities. 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 December 13, 2005 - Page 3 4 MOTION NO. 2005-408 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. 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. 2005-409 Motion authorizing the City Manager or his designee to extend the Software Maintenance Agreement with Infosol, Inc., of BelIaire, 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. 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. 7 MOTION NO. 2005-411 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) 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 December 13,2005 - Page 4 8 MOTION NO. 2005-412 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. 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. 9 MOTION NO. 2005-413 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 StructurelProcess Improvements Clarifier Bridges/Aeration BasinlFine Bubble Di ffuser. fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 10. MQTION NO. 2005-414 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. [he foregomg 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. 2005-415 Motion authorizing the City Manager or his designee to execute Change Order No.3 with Jako, Inc., of Houston, Texas in the amount of $248,770.55 for the Antelope/Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line. 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 December 13, 2005 - Page 5 ] 2 MOTION NO. 2005-416 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. 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. ] 3. MOTION NO. 2005-417 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. 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. 14. MOTION NO. 2005-418 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. 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. 15. MOTION NO. 2005-419 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. 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 December 13, 2005 - Page 6 J 6. MOTION NO. 2005-407 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. 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. 17. MOTION NO. 2005-420 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. fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper was absent; Scott abstained. 18, ORDINANCE NO. 026557 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. 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 December 13, 2005 - Page 7 19. ORDINANCE NO. 026558 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. 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. 20. ORDINANCE NO. 026559 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. 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. 2\ .a. MOTION NO. 2005-421 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. 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. 21.b. ORDINANCE NO. 026560 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. 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 December 13,2005 - Page 8 y) ~L.a. MOTION NO. 2005-422 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 IS-inch sanitary sewer collection line. 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. 22.b. ORDINANCE NO. 026561 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 off site IS-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. 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. )^' ~-' . ORDINANCE NO. 026562 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. 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. 24.a. ORDINANCE NO. 026563 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) 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 December 13,2005 - Page 9 24.b. ORDINANCE NO. 026564 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) 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. 24.c ORDINANCE NO. 026565 Specifying the payment of the assessment to each property owner to be paid with regular yearly installments over a period often (10) years at an interest rate not to exceed one- half (12) 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) 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. Mayor Garrett opened discussion on Item 6 regarding a professional services contract for the renovation of senior and recreation facilities as part of Bond Issue 2004. Mr. Marez stated a constituent had requested that the city erect a flagpole at Broadmoor Senior Center so participants could honor their war veterans. He said the participants at Broadmoor Senior Center often felt their center was ignored compared with the larger centers. City Manager Noe said he would look into the matter. h MOTION NO. 2005-410 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, fexas 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) * Renovations and Maintenance Improvements to Facilities: · Lindale Recreation Center · Joe Garza Recreation Center · Oak Park Recreation Center · Oso Recreation Center · T.C. Ayers Recreation Center · Ethel Eyerly Community Center · Northwest Senior Center * Parking Lot Improvements: · OveaI Williams Senior Center · Lindale Senior Center Minutes - Regular Council Meeting December 13,2005 - Page 10 · Greenwood Senior Center · Zavala Senior Center · Heritage Park Facility * ADA Compliance, Maintenance Improvements and Enhancements: · Collier Pool · Greenwood Pool · H.E.B. Pool · Joe Garza Pool · Oso Pool · Parker Pool · Violet Pool · T.C. Ayers Pool · West Guth Pool 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. * * * * * * * * * * * * * Mayor Garrett deviated from the agenda and referred to Item 31, a presentation on the 17th Annual Feast of Sharing celebration. Assistant to the Mayor Diana Zertuche Garza introduced Ms. Shelley Parks with H-E-B, who briefed the Council on the event. Ms. Parks stated the Feast of Sharing would take place on December 24, 2005 at the American Bank Center Convention Center from 11 :00 a.m. to 3 :00 p.m. She said Mr. Eddie Garcia, an H-E-B partner, began the Feast of Sharing event 17 years ago because he recognized the need to aid those less fortunate in the community during the holidays. Ms. Terri Cardona with SMG thanked the city for including the American Bank Center Convention Center in this holiday tradition. Master of Ceremonies Judge Richard S. Schmidt encouraged everyone to attend the event. Finally, Mrs. Mata, a long-time volunteer, discussed her family's experiences volunteering for the event. Finally, Ms. Garza provided a series of phone numbers individuals could call for more mformation as follows: to volunteer - 887-8282, ext. 10 or 19; home deliveries - 826-3150 by December 20; and general information - 826-3102. She also recognized Mr. Julio Wilmont with the R.TA and mentioned that the RT A was providing free bus service to the event. * * * * * * * * * * * * * Mayor Garrett referred to Item 33, a presentation regarding water issues legislation discussed in the previous State legislative session and possible issues in the upcoming 2007 legislative session. Special Assistant to the City Manager Tom Utter remarked that Item 33 and Item 34, the appointment of five directors to the Corpus Christi Aquifer Storage and Recovery Conservation District, were related items. He introduced State Representative Vilma Luna, the Minutes - Regular Council Meeting December 13, 2005 - Page 11 area's water issues representative; Mr. Ron Lewis, water lobbyist; and Mr. Tim Brown, water Issues attorney. Representative Luna briefed the Council on the Aquifer Storage and Recovery (ASR) bill that was passed in the legislature last session. She said it was progressive, one-of-a-kind legislation that would aid the area's long-term water planning. While the ASR technology is not new, it was emerging technology. She stated the ASR legislation would reverberate throughout the State as other governmental entities sought to use this technology to enhance their water rights. Representative Luna stated it was important to scrutinize all proposed water legislation carefully to ensure that it would not adversely impact our region, and a team approach was the best strategy to this end. She thanked Mr. Utter, Mr. Lewis, and Mr. Brown as well as city staff for their efforts. In addition, she reported that the Texas Water Development Board received an appropriation to further pursue desalination projects in the State. The Council thanked Representative Luna for her strong leadership and for efforts to protect the area's interests in the legislature. Mr. Ron Lewis, the City's water lobbyist, thanked the Council for the opportunity to speak with them today. He emphasized that Representative Luna was truly a powerful member of the State House, and had used her influence to benefit her district as well as the State. He said Jfhe had to pick two areas of the State that had planned well for their long-term water needs, he would name Corpus Christi and the Dallas/Fort Worth metroplex. He commended the City for Its water planning efforts to date, and challenged the City to continue to be the leader in water planning for the South Texas region. Ultimately, the City could become the crossroads for selling water to the Rio Grande Valley area and other areas that had not adequately planned for their long-term water needs In response to Mr. Scott's question, Mr. Lewis said the Governor was preparing to appoint an Instream Flow Committee tasked with balancing the needs of the environmental community with the needs of citizens and industry. Their task would be to determine the minimum amount of water discharges needed to sustain the bays and estuaries while meeting human and industry needs. He said this committee had the potential to adversely impact the City's water rights, and the team would have to keep a close eye on its activity. Mr. Garcia asked questions about water rights and the future of desalination, Mr. Lewis stated he doubted whether politically, water rights would be sold, traded or bargained in the future. Water may be stolen, but not the water rights. He said the Governor was in strong support of proceeding with a desal pilot project. However, Mr. Lewis did not feel desal was the answer to the State's future water needs; rather, this technology needed to be blended with other methods such as pipelines and water sales. He strongly encouraged the City to continue to take the lead in aggressively pursuing opportunities to acquire other water resources that they could sell to other areas in need. Mr. Scott agreed with Mr. Lewis' belief that the City should try to acquire additional water to sell to other regions that need it to benefit the area. He said, however, that the concern Minutes - Regular Council Meeting December 13, 2005 - Page 12 among the area's constituents was that if the City were to enter into contracts with larger cities and regIOns to provide water, the larger cities would use their political clout to keep the water once the contract was over. Mr. Lewis replied the best protection would be to only enter into long-term contracts of at least 100 years. If the City were to require long-term contract with significant financial investments, then if the larger cities were to usurp the water at the end of the contract, it probably wouldn't matter anyway. In conclusion, Mr. Tim Brown. the City's water attorney, provided a brief history on the City's successful bid to acquire the water rights needed to meet the area's long-term water needs. He said the ASR District was the next step in the process, and he heralded the District as an innovation since it was the first of its kind in Texas. He said he was here to celebrate the implementation of the ASR District, and thanked Representative Luna and Mr. Lewis for their efforts to pass the legislation through both houses of the legislature. He also complimented the Council and the City for their foresight. Mayor Garrett opened discussion on Item 34, the implementation of the Aquifer Storage and Recovery (ASR) District. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 34. MOTION NO. 2005-423 Motion authorizing the appointment of the Initial Five Directors of the Corpus Christi Aquifer Storage and Recovery Conservation District. 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. * * * * * * * * * * * * * Mayor Garrett referred to Item 32, a presentation regarding the Work Force 1 quarterly update. Mr. Rick Zamarripa, Director of Business Development for Work Force 1, discussed the state of the regional workforce, the initiatives addressing current workforce challenges, and the initiatives addressing future workforce challenges. Regarding the labor force, Mr. Zamarripa reported the City had gained approximately 500 new jobs from the last quarter, a growth rate of 0.40 percent. Since January 2005, the City has cumulatively gained 2,300 jobs, the seventh best employment growth rate in the State. In addition, this was the best local employment performance since 2001. He said the industries gaining the most jobs were as follows: construction, petrochemical. transportation, utilities, and retail. Industry sectors that experiences job losses were as follows: information technology (telecommunications), education services, and health care services. Mr. Zamarripa reported the unemployment rate for the month of October was 4.9 percent; it was 6.2 percent the same time last year. In addition, there was a reduction in unemployment claims, pointing at positive signs of economic recovery. Minutes - Regular Council Meeting December 13, 2005 - Page 13 Mr. Zamarripa listed the top ten industries projected to add the most jobs from 2005-2012 as follows: elementary and secondary schools; home health care; general medical and surgical hospitals; and limited service eating places, among others. Among the top fifteen occupations projected to add the most jobs from 2005-2012 were personal and home care aides, registered nurses, and fast food preparation and serving workers. Mr. Zamarripa reported the area had received $2.7 million in state and federal grants, $2.1 million of which was for Hurricanes Katrina and Rita. The remaining portion was distributed as follows: $50,000 for BRAC planning; $475,000 in youth grants; and $104,000 for re-employment. Regarding the BRAC grant, he said Work Force 1 was planning to use the funds for an impact study to determine the magnitude of the BRAC's impact on the region. Mr. Zamarripa discussed current Work Force 1 programs. He said there were 2,671 participants in child care programs and 9,206 participants in the Work Force 1 system. To date, he said 2,264 employers had been served, 7,769 active jobs were posted on the Work Force 1 database, and over 200 individuals had been trained in 2005. Mr. Zamarripa covered initiatives addressing current workforce challenges as follows: apprenticeship program; work skills enhancement grant; TAMU-CC nursing initiative; Hurricane Katrina National Emergency Grant; BRAC Phase 1 National Emergency Grant; and Youth Grant. Mr. Zamarripa briefly discussed initiatives addressing future workforce challenges as follows: develop a marketing plan; emerging technology fund; expansion of Work Force 1 facilities; and implementation of Phase II of the BRAC study. Mr. Garcia asked what economic impact the job losses resulting from the BRAC would have on the community, particularly in the civilian sector. Mr. Zamarripa replied that one to three percent of the employment population, or 4,000 civilian positions, could be lost as a result of the BRAC. He emphasized, however, that the results of the BRAC report commissioned by Work Force 1 would not be completed until December 15; thus, these were speculative numbers. He said Work Force 1 expected that 70 percent, or approximately 3,000, of the positions would be quickly reabsorbed into existing industries because of the high skill levels of those mdividuals. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 37 regarding a proposed requirement that youth sports leagues using city property or facilities require parents to take a parent and coach sportsmanship program. Director of Parks and Recreation Sally Gavlik stated the concept had been approved by the Parks and Recreation Advisory Committee, and was endorsed by twelve leagues within the community. She introduced Special Projects Superintendent Billy Delgado and Mr. Mark Lord, executive director of the Texas Amateur Athletic Federation (TAAF), who would be providing more information. Mr Delgado described the elements of the proposed Youth Sports Parents Training Program as follows: education on health concerns such as heat and hydration; how to keep Minutes - Regular Council Meeting December 13, 2005 - Page 14 sporting events sate 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. As the former president of the Oso Baseball program, and the former administrator of the city's athletic programs, Mr. Delgado felt this parent education program was greatly needed. He introduced Mr. Mark Lord to discuss the program in more detail. Mr. Lord reported that the T AAF's parent training program was a proactive step to avoiding the conflicts and violence involving parents with children in youth sports. The City of EI Paso, TX had implemented a parent youth sports training program with great success. He said the only way the program worked was to make it a mandatory requirement, because those parents who truly needed the training tended to avoid it. Mr. Lord stated most parent training programs included the following elements: sportsmanship; accountability and ownership; tips on how to avoid confrontation; consequences of inappropriate behavior; recognizing the signs of child abuse and how to report it; and a signed parent's pledge. He said the TAAF S.M.A.R.T. Parents for Youth Sports certification promoted "selfpolicing", encouraging other parents to control other team parents. Ultimately, he said the training would improve the environment for parents, coaches, officials, and especially for the children. Finally, Mr. Lord provided more information on T AAF itself. He said the federation was founded in 1925 to standardize sports rules in Texas, comprised of 140 municipal athletic departments. They offered 67 State championships in 13 sports, included the "Games of Texas", the official State games which was recognized by the United States Olympic Committee. He said even if the City were not to use the T AAF's parent training program, he still advocated the lmportance of using any State or nationally recognized program and making the program mandatory Mr. Noyola asked for the cost of the parents training. Mr. Delgado replied the TAAF program charged $5.00 per family. For those families who could not afford the fee, Mr. Delgado suggested scholarships, sponsorships, or raising the league fees by $5.00 so the parents pay the cost up front. Mr. Noyola asked how often parents would need to renew the certification. Mr. Delgado replied the T AAF program required renewal every two years. In response to Mr. Noyola's question, Mr. Delgado stated that at least one parent had to attend the mandatory training before their child could participate in the league. Mr. Delgado explained that the mandatory parent training would be required as the leagues renewed their leases with the city for use of facilities or land. There are currently 20 leagues, but only four of the leagues have contracts under renewal at this time. Mr. Noyola asked if it would be possible to amend the ordinance to require all the leagues to attend the mandatory training now. City Manager Noe replied staff could review all the leases to see if the city had the ability to cancel the lease to force the leagues to negotiate the mandatory training. Mr. Noyola felt it was more equitable to require all the leagues to comply with the mandatory training requirement. Obviously, he said it would preferable for all the leagues to endorse the mandatory training requirement voluntarily, but he asked staff to look into forcing the issue if necessary. Minutes - Regular Council Meeting December 13, 2005 - Page 15 Mr. Marez spoke in support of the mandatory parents trammg requirement, and he thought the $5.00 was reasonable for most families. Mr. Delgado replied the TAAF program charged $5.00, and while he was not aware what other programs charged, he felt they would also be reasonable. Mr. Kelly asked if the city kept statistics on the number of incidents involving violent or inappropriate parent behavior. Mr. Delgado replied negatively, but said the city received numerous calls from leagues asking how to suspend or prohibit individuals from attending games. Mr. Kelly spoke in support of making the training voluntary, allowing leagues to decide whether the program was needed at their own discretion. Mr. Delgado replied that mandatory training requirements were preferable because it was a proactive approach and since the parents who really needed the training tended to avoid it. Mr. Kelly felt the mandatory training was an extra burden for those parents and those leagues that didn't need the training. Mr. Garcia spoke in support of requiring all the leagues to take the mandatory training. Mr. Kinnison asked whether staff planned to require the mandatory training for the city's youth athletic programs. Mr. Delgado replied affirmatively. Mayor Garrett asked for public comment. Mr. Gary Dorsey, president ofthe Padre Island Little League, stated that he thought the program had merit, but had a number of questions about its implementation. He asked who would enforce the requirement that parents in the stands have a certification card. Mr. Delgado replied the league would monitor the certification. Mr. Noe added the enforcement would take place during the league registration period. Mr. Sylvester Peterson, district administrator for Little League baseball in the region, explained that the Little League already conducted an annual review of reported incidents in the region and then suggested changes in regulations as needed. He said there were very few problems because the league did not tolerate poor behavior from parents. In addition, he said coaches were already required to attend mandatory sportsmanship training. Thus, he was concerned the city's proposed mandatory training would be an extra burden on parents and coaches. He was also concerned about the $5.00 charge, saying it could become a barrier to many kids. He noted that the Little League allowed any kid to play, whether they could afford it or not. City Manager Noe replied the city would not require the leagues to charge for the training. He said the T AAF charged $5.00, but the leagues could decide to conduct their own training sessions with whatever accredited organization they chose. The leagues would also determine the cost for the training. He said the City was simply asking for proof that they had offered the training. Mr. Delgado stated that based on today's discussion, Assistant City Attorney Doyle Curtis suggested that the Council amend the proposed ordinance to allow for local as well as state and nationally recognized parent and coach sportsmanship programs. Mr. Chesney made a motion to amend the ordinance as stated by Mr. Chapa, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 13,2005 -- Page 16 37. MOTION NO. 2005-427 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 local, state or nationally recognized parent and coach sportsmanship program. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly voting "No"; Cooper was absent. * * * * * * * * * * * * * Mayor Garrett called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess. Mayor Garrett called for petitions from the audience. Mr. .I.E. O'Brien, 4130 Pompano, remarked the City's annual financial statement was required to be published 120 days after the budget was passed, but it was still not completed. He commented that the City had yet to meet his deadline since the elimination of the Internal Auditor position years ago, and he asked the City to consider reinstating the position to provide a checks and balances system on staff. City Manager Noe replied there was absolutely no relationship between the Internal Auditor position and the completion date of the report. Mr. Noyola asked why the report was late again. Director of Finance Cindy O'Brien replied the Comprehensive Annual Financial Report (CAFR) was 95 percent complete; staff was waiting for budget numbers from SMG and the arena, which should be available by the end of the week. She said the report would probably be ready by the first week in January. Finally, she said problems with the PeopleSoft Financials upgrade had delayed staff accountants by two months. Mayor Garrett and Mr. Chesney stated that they would like to discuss the idea of reinstating the Internal Auditor position. Mr. Chesney stated the question was whether the Internal Auditor position could recoup the $130,000 in salary costs through cost savings to the City. Mr. Noyola stated that the CAFR had not been submitted on a timely basis since he had served on the Council. He said he would like to see it completed on time. Ms. O'Brien replied the Finance department had recently hired a new comptroller who had a number of good ideas on how to compile data on a monthly basis to expedite the process. Minutes - Regular Council Meeting December 13,2005 - Page 17 The following individuals asked the Council to consider extending the pedestrian-only beach from 4,200 feet to 7,400 feet: Mr. Jimmy B. Johnston, 15896 Punta; Mr. John Trice, 13706 Tajamar; Mr. Billy Holmes, 14121 Jackfish; Ms. Carol Chandler, 15129 Cane Harbor; Mr. Albert Perez, 15421 Seamount #110; Dr. Mark Saleff, 14142 Cabana A; Mr. Ned Reed, 13553 Peseta Court; Mr. Garrett Dorsey; Ms. Gabriele Hilpold, 13701 Three Fathoms Bank; Rick and lody Patel 13773 Eaglesnest Bay Dr.; Ms. Katie Howell, 13826 Hawksnest Bay; an unidentified woman; Ms. Gladys Choyke, 15321 Cartagena Court; Ms. Linda Walsh, 15350 Isabella Court; and Ms. Teresa Ranly, 14801 Dasmarinas. Mr. Domingo Ibarra with the Corpus Christi Police Officers Association asked the Council to place an item on goal setting for the community policing effort on the December 20 agenda. * * * * * * * * * * * * * Mayor Garrett called for a brief recess. * * * * * * * * * * * * * The Council returned from recess. Mayor Garrett referred to Item 28, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-03, A TA O. AZALI, Inc.: A change of zoning from a "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 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 West point Drive. City Secretary Chapa said the Planning Commission and staff recommended the 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. 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 follows: 28. ORDINANCE NO. 026567 Minutes -- Regular Council Meeting December 13, 2005 - Page 18 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett referred to Items 29 and 30, and a motion was made, seconded, and passed to open the public hearing on the following zoning cases: 2l). Case No. 1005-01, Southside Ventures, L.P.: A change of zoning from a "R-IB" One- family Dwelling District to an "A-IA" 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 II, out of Bohemian Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west of Snowgoose Drive. 30. Case No. 1005-04, Southside Ventures, L.P.: A change of zoning from a "R-IB" One- family Dwelling District to an "A-I" 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. City Secretary Chapa said the Planning Commission and staff made the following recommendations: 2l). Denial of an "A-1A" Apartment House District on Tract 1 and in lieu thereof, approval of an "A-l" Apartment House District; denial of an "A-2" Apartment House District on Tract 2 and in lieu thereof, approval of a "R-I B"/SP One-family Dwelling District with a Special Permit for townhomes; and approval of a "B-1" Neighborhood Business District on [ract 3 10. Denial of the "A-I" 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. No one spoke in opposition to the zoning changes. A motion was made, seconded, and passed to close the public hearings. City Secretary Chapa polled the Council for their votes as follows: 29. ORDINANCE NO. 026568 Minutes - Regular Council Meeting December 13,2005 - Page 19 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-IB" One-family Dwelling on Tracts 1 and 2, to "A- 1" Apartment House District on Tract 1 and "R-IB" 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. 30. ORDINANCE NO. 026569 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-IB" One-family Dwelling on Tracts 1 and 2, to "R-IB" 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett referred to Items 25.a. and 26.a., and a motion was made, seconded, and passed to open the public hearings on the following items: 25.a. Public hearing to consider amending the 1969 Master Plan for Storm Drainage for the A.rea West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Ch.risti, 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 Cornerstone Unit 3 Subdivision. 26.a Public hearing to consider amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-B-l by 28.4 acres now served by Flour Bluff Lift Station No, 1086. The 28.4 acres will be served by a new lO-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. Director of Development Services Barbara Bailey Holly stated Items 25 and 26 were related to amendments to the Storm Drainage Master Plans and the Sanitary Sewer Master Plans for the Cornerstone Unit 3 development. Regarding Item 25, she said the developer of the Cornerstone Unit 3 is locating the subdivision across a Master Channel in the existing Storm Minutes -~ Regular Council Meeting December 13, 2005- Page 20 Drainage Master Plan. The amendment to the master plan is necessary to ensure that runoff from the south can flow unimpeded through the subdivision. Ms. Holly stated that Item 26 involved shifting the flows from the 28.4 acre Cornerstone Unit 3 subdivision to a wastewater basin to the south to provide the subdivision with wastewater service to an existing gravity sanitary sewer. This action would negate the need for septic systems in this subdivision. She said staff was recommending both actions. Mr. Garcia asked if the proposed amendments would address drainage problems in the Glen Oak and Flour Bluff Drive area. Special Services Superintendent Mary Frances Teniente replied the proposed amendments would not improve or adversely impact the Glen Oak area. Mr. Garcia asked if the City would be able to enhance future growth in the area considering the limited capacity of the Flour Bluff Lift Station. Ms. Teniente replied the proposed amendments were simply tying in to the system on Flour Bluff Drive, using the existing capacity of the existing Flour Bluff Lift Station. Mr. Noe added that the Engineering department has made an effort to look at a number of other opportunities to update sections of the Sanitary Sewer Master Plan for Flour Bluff Drive where subdivisions are expected to develop. Mr. Garcia said he wished to limit the need for septic systems in new subdivisions by building on the existing systems. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. 26.b. FIRST READING ORDINANCE Minutes - Regular Council Meeting December 13,2005 - Page 21 Amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing wastewater Basin 3-B-l by 28.4 acres now served by Flour Bluff Lift Station No. 1086. The 28.4 acres will be served by a new lO-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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett referred to Item 27.a., and a motion was made, seconded, and passed to open the public hearing on the following item: 27.a. Public hearing to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction Allocations. Director of Economic Development Irma Caballero stated each year, the Council approves allocations for the Renewal Community, consisting of ten census tracts, for Commercial Revitalization Deduction Allocations up to $12 million. She said the Office of the Governor served as the Commercial Revitalization Agency and was responsible for certifying allocations nominated by the governing bodies of the Renewal Communities in the state. In July 2005, Ms. Caballero stated the Council approved approximately $2 million in allocations for seven projects. She said today, staff was requesting approval to allocate an additional $6.75 million for the following five projects: Ullah Investments Inc. (building at 3500 McKenzie Road and IH-37) - $3.6 million; Puerto Los Caballeros Properties LTD (building at 1214 N. Chaparral)- $1.2 million; Ek Dashi Investment LLC (building at 290 I Surfside) - $1.1 million: Charles G. Herin (building at 901 Navigation) - $700,000; and Stewart Brandon (9002 Leopard Street) - $150,000. If approved, she said the total allocation for 2005 would be $8.79 million. In addition, she said staff would be bringing on additional project for Council approval on December 20 for $3.21 million, which would use the entire $12 million allocation available for 2005. Ms. Caballero stated staff was also asking approval for an allocation of $8.925 million for Valero Refining from the 2004 allocation for a building located at 1147 Cantwell. She said the project was identified in 2004, but staff did not receive official written notification until July 2005that the building was located in one of the five new census tracts deemed eligible for the deductions by the federal government. She stated Mr. Mannti Cummins, the CPA the City hired to market and prepare Commercial Revitalization Deduction application, was present to respond to any questions. There were no comments from the public. A motion was made, seconded, and passed to close the public hearing. Besides the Puerto Los Caballeros Properties project, Mr. Scott asked if any other projects were located in the downtown area. Mr. Cummins responded negatively, but said there were a number of projects in different phases of development that staff may be able to bring forward for Council consideration in 2006. Minutes - Regular Council Meeting December 13,2005 - Page 22 Mr. Garcia asked why more businesses weren't applying for the deductions. Mr. Cummins replied the program provided approximately 20 cents on the dollar for every project. Thus, the majority of the project costs had to be obtained through other funding sources. City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 026566 Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 35 regarding a Memorandum of Understanding fMOU) between the City, the Regional Economic Development Corporation (EDe), and the Corpus Christi Business and Job Development Corporation (4A Board). City Manager Noe stated the MOU clarified the roles and responsibilities among the three entities operating in the City's economic development program. He said the 4A Board approved the MOU as presented at their last meeting, and the EDC Board had approved it as well. There were no comments from the public Mr Marez spoke in support of the MOU because it gave the entities involved the guidelines and specific direction needed in the City's economic development program. City Secretary Chapa polled the Council for their votes as follows: 35. MOTION NO. 2005-424 Motion approving a Memorandum of Understanding (MOU) between the City of Corpus Christi ('"City"), the Corpus Christi Regional Economic Development Corporation ("FDC"), and the Corpus Christi Business and Job Development Corporation ("4A"). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett opened discussion on Item 36 regarding contracts for consulting services and legal services related to the citywide broadband wireless network. City Manager Noe stated that as the City was in the process of finalizing the business plan and partnership arrangements for the WiFi project, staff required consulting services for economic and business planning and legal services in telecommunications issues. He said staff was requesting that the City retain Next Step Consulting, LLC and Baller Herbst Law Firm for consulting services and legal services respectively. Mr. Noe said staff anticipated that the contracts and partnership arrangements would be brought to the Council in February 2006. There were no comments from the public City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 13, 2005 - Page 23 36.a. MOTION NO. 2005-425 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. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. 36.b. MOTION NO. 2005-426 Motion to employ the Baller 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. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett opened discussion on Item 38 regarding a community-based initiative to address gang-related crime in Corpus Christi. City Manager Noe stated at the October 25 Council meeting, the Corpus Christi Police Officers Association (CCPOA) asked for an endorsement for their grassroots gang intervention program. The program involved a dialogue with various stakeholders in the community, and they asked the Council to encourage citizen and staff participation in the program. The Council directed staff to prepare today's resolution, which was reviewed both by the Police department and the CCPOA. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 38. RESOLUTION NO. 026570 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. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly. Kinnison. Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. Mayor Garrett opened discussion on Item 39 regarding proposed code amendments to the taxicab ordinance. City Manager Noe reported that Mr. Dan Stiefel and other representatives from the taxi cab industry had requested potential amendments to the taxicab ordinance to enhance the viability of the industry. Staff agreed to two amendments, the first allowing for a slightly longer age for vehicles and the second allowing for a temporary, 30-day license for drivers having completed background checks but awaiting the completion of remaining paperwork He said both amendments were acceptable to staff and to the Police department. Minutes - Regular Council Meeting December 13,2005 - Page 24 Mayor Garrett asked when the second reading of the ordinance was scheduled. City Manager Noe replied that the second reading ordinance was scheduled on December 20. There were no comments from the public. City Secretary Chapa polled the Council for their votes as tollows: 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola were absent. * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe reported the City was ranked number one in cities over 250,000 in the Annual Digital Cities Survey that reviewed websites and city services provided electronically. He said the City of Corpus Christi competed against larger cities such as Los Angeles and New York City yet still finished first in the rankings. He thanked Director of E-Government Services Susan Cable and staff for their efforts. Mr. Noe announced that the annual Senior Community Services Holiday Dinner would be held this Thursday from 2:00 p.m. to 6:00 p.m. at the American Bank Center. The ceremonies would begin at 3:00 p.m. and the dinner would be served at 5:00 p.m. Finally, Mr. Noe stated the following items were scheduled for the December 20 Council meeting: tive zoning cases; the zoning text amendment related to the small lot program; and a presentation on the results of Bayfest 2005. Mayor Garrett reported that an area on S.P.l.D. near the intersection of Staples and Everhart needed to be mowed badly. Mr. Noe was aware of the problem, and said he would look mto it. Mayor Garrett also asked about the possibility of accelerating the street improvements to Cimarron Boulevard. Mr. Noe stated the improvements would begin in March 2006. Mayor Garrett called for Council reports. Mr. Marez stated he understood a Scottish company that used alternative fuel sources like wind power had purchased a local energy company. Mr. Marez was supportive of pursuing alternative fuel sources, and asked if anyone had more information. Assistant City Manager Oscar Martinez replied the City was currently studying a proposal from the South Texas Aggregate Project (ST AP) to use coal as an energy source. He said staff would look into the possibility of wind power, but he was uncertain Minutes - Regular Council Meeting December 13, 2005 - Page 25 whether wind power alone would be able to service the area's power needs. Mr. Noe added that the City could advise the company about opportunities to bid competitively as an energy supplier for the City. Mr. Martinez stated that the federal government was supporting initiatives to develop alternative fuel sources, so it would behoove the city to learn more about them. Mr Kelly congratulated the King High School boys cross country team for winning the 5A state championship. He also congratulated the Calallen football team for reaching the state finals, and announced a pep rally would be held on Thursday at 7:30 p.m. at the Calallen High School gym. The championship game would be held on Saturday at 3 :00 p.m. in Round Rock. Mayor Garrett asked Mr. Noe to invite the Calallen team to next week's Council meeting to be recognized for their achievement. Mr Garcia also congratulated the Calallen High School football team. He also reported that vehicles were ignoring stop signs on Yorktown Boulevard at Rodd Field. In addition, he said he and the Mayor have been discussing concerns about the tremendous traffic volume on Flour Bluff Drive that made it difficult for vehicles to make left turns. He also thanked staff for preparing the last Packery Channel update. Finally, he asked what feedback the City was receiving from constituents and business owners related to the sign ordinance. Assistant Director of Development Services Michael Gunning reported three meetings had been held with various stakeholders, but the turnout was low, due in part to the upcoming holiday season. He said staff was holding a follow-up meeting on Thursday night at 5:30 p.m. with all three stakeholders groups in the Council chambers. He said staff sent out approximately 4000 notices. Mr. Garcia asked if staff was planning to hold another meeting after the holidays. Mr. Ounning stated that after January 1, 2006, staff would be organizing roundtable discussions comprised of three to four members of each stakeholder group. He said the current meetings were simply for public input and were not conducive to a public dialogue. Mr. Garcia said business owners had contacted him about the meetings, saying they wanted to attend but were had scheduling conflicts. He asked staff to hold another meeting after the holidays. In response to Mayor Garrett's question, Mr Gunning replied that about 55 percent of the available land on Saratoga Boulevard from Old Brownsville Road to Rodd Field Road had been developed In his opinion, there was a substantial portion of land that remained to be developed, and the developments would have a major impact on the area. Mayor Garrett stated he did not want to make it too difficult for businesses to complete their projects on Saratoga Boulevard. VIr. Noe said the clear regulations in the sign ordinance would address citywide problems with ..,ignage. not just on Saratoga Boulevard. Mr Kinnison reported he had been receiving a number of letters from out-of-town companies about signage. He said when he called the companies, he was told that they understood the City was prohibiting any signage whatsoever on Saratoga Boulevard. When he mformed them the City was only limiting the height and square footage of signage, the companies were surprised and said they were misled. He said there appeared to be a misinformation campaign being led by the local sign industry. Minutes - Regular Council Meeting December 13,2005 - Page 26 Mr. Scott asked if Valero, Circle K, Whataburger, and other large companies had been mcluded in the discussions. Mr. Gunning replied they had been included, but unfortunately, he understood that the individuals who needed to see the notices did not receive them in time. Mr. Scott asked if the large commercial realtors had also been included. Mr. Noe said staff would make every effort to ensure that all the stakeholders would be present for the discussions, including commercial realtors. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at I :50 p.m. on December 13,2005. * * * * * * * * * * * * * 2 a. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE - Seventeen (17) vacancies with two-year terms to 11-08-07 representing the following categories: at least two (2) members from each of the five (5) City Council districts and seven (7) members at large. DUTIES: To assist and advise the City Council on city youth issues; conduct surveys and determine the concerns and interest of the youth of Corpus Christi; encourage youth leadership and responsibility through volunteerism and community involvement; create opportunities for public discussion of youth issues through meetings, workshops and conferences; look for ways to promote understanding, respect and community involvement among youth groups of all cultures and backgrounds and assist in planning, recommending and implementing youth activities. COMPOSITION: Seventeen (17) members recommended by the Youth Committee and appointed by the City CounciL The members shall be composed of students in grades 9 through 12 that are City residents with representatives as follows: at least two (2) members from each of the five (5) City Council districts and seven (7) members at large. Each member must be enrolled in a public, private, parochial, or home school, located in one of the following Texas Counties: Nueces, San Patricio, Kleberg or Aransas. Each member's term automatically expires three months after high school graduation An annual meeting will be held in May for the election of officers. INDIVIDUALS EXPRESSING INTEREST DISTRICT 1 Bryan Bode Freshman, Calallen High SchooL Activities include: Boy Scouts, Sea City Workcamp, Speech and Debate Team and Leadership team at Grace Methodist Church. (11-23-05) Cassandra Hardin Senior, Roy Miller High SchooL Activities include: Bell ringing for the Salvation Army, Blue Angels clean up, Hurricane Katrina assistance for survivors, NTROTC Unarmed Drill Team and National Arts Honor Society. (12-01-05) Erica Longoria Junior, Tuloso-Midway High SchooL Activities include: Student Council, FCA, Softball and volunteering at the courthouse. (12-08-05) Laura Rodriguez Senior, Foy H. Moody High SchooL Activities include: Orchestra and Band Color Guard. (12-08-05) Brian Silva Senior, Tuloso-Midway High School. Activities include: Commission on Children and Youth, Youth Council Task Force, Newspaper Editor-In-Chief, and Yearbook Managing Editor. (12-06-05) DISTRICT 2 Valerie Franco Senior, W.B. Ray High School. Activities include: Driscoll Children's Hospital volunteer, Bible Preacher, volunteer piano player and Ready, Set, Teach program. 12- 06-05) Courtney Thrash Sophomore, Richard King High School. Activities include: Walk-A-Thon, volunteer at nursing homes and Driscoll Children's Hospital, Beach Clean up and Student Council. (12-07-05) Adan Zamora Junior, Roy Miller High School. Activities include: Key Club, youth activist, student government and NJROTC. (12-01-05) DISTRICT 3 Elisha Dickerson Senior, Roy Miller High School. Activities include: Fellowship of Christian Athletes, CCISD Food Advisory, Student Council and Senior Council. (12-07-05) Maranda Roschetcky Sophomore, Richard King High School. Activities include: Softball, track/field, certified athletic trainer and Duke University Talent Search Student. (12-02-05) Kristy Rodriguez Senior, Foy H. Moody High School. Activities include: Habitat for Humanity, Mu Alpha Theta, Color Guard, Honor Society, Science Honor Society, and UIL Piano. (12-09-05) Alfredo Andrew Zamora, In Sophomore, Mary Carroll High School. Activities include: football, boxing and YMCA swimming. (12-01-05) DISTRICT 4 Dylan Abrego Junior, Richard King High School. Activities include: Nueces County Teen Leadership Program, King Baseball, CCD and AAU Track and Field. (12-07-05) Stephen J. Clarkson Junior, Richard King High School. Activities include: Boy Scout Troop 304, King H.S. Tennis Team, German Club and priest in LSD Church. (12-05-05) William Crocker Sophomore, Richard King High School. Activities include: NJROTC, Red Cross volunteer, Goodwill volunteer and church youth group. (12-07-05) Caitlin Martin Sophomore, Richard King High School. Activities include: Tennis Team, Destination Imagination team, St. John's UMC Youth Group, and volunteer at Wesley Community Center. (12-09-05) Carley Perkins Senior, W.B. Ray High School. Activities include: Silver Spur Publishing Yearbook Editor-In-Chief and volunteer at Gulf Coast Humane Society. (12-06-05) Aesha Rupp Senior, Mary Carroll High School. Activities include: Girl Scouts, FF A, Vice President of Teachers Association of Future Educators and soccer. (12-08-05) Joseph Trevino Sophomore, Richard King High School. Activities include: King Theatre and tournaments, Boy Scouts, alter server, youth group member and the Texas Association of Future Educators. (12-07-05) DISTRICT 5 Carolyn Berthelot Sophomore, Richard King High School. Activities include: King High School Swim Team, volunteer at Special Olympics, Religious Youth Organization and Laureate Program. (12-06-05) Ryan Ashley Chapa Sophomore, Richard King High School. Activities include: Debate Team, Band, Dance and Tumbling. (12-07-05) Brandon Del Nano Sophomore, Richard King High School. Activities include: King Tennis Varsity Team, church youth mission, band UIL and volunteer at church vacation bible school. (12-06- 05) Olivia Michelle Dowling Junior, Richard King High School. Activities include: Features Editor for King's student newspaper, Sea Scouts Sailing Team, alter server and King High School band. (12-06-05) Jordan Eiben Junior, Tuloso Midway High School. Activities include: Debate Team, F.C.A, T-M Band and basketball. (12-06- 05) Jessica Gomez Senior, Richard King High School. Activities include: volunteer for Special Olympics, NJROTC Drill Team, and volunteer for King Drill Meet. (12-09-05) Stephanie Harlien Sophomore, Richard King High School. Activities include: Teen Leadership at YWCA, Mt. Olive Lutheran Church Senior High Youth Group, Chess Club, Math Team and Girl Scouts. (12-05-05) Miles Kane Freshman, Richard King High School. Activities include: NCCT Youth Council, Nueces County Teen Leadership, Mu Alpha Theta Club, and junior varsity tennis. (12-12- 05) Jose D. Perez Junior, Richard King High School. Activities include: Student Council Class President, Spanish Honors Society, Spanish Club and Homecoming/Prom Committee. (12-05- 05) Sabas "Peter" Perez Sophomore, Richard King High School. Activities include: King Tennis Booster Club and team, Key Club, The National Hispanic Institute and former student council member. (12-07-05) Tabitha Joy Perez Junior, Richard King High School. Activities include: Driscoll Children's Hospital volunteer, Ronald McDonald House volunteer, Faith Temple Youth Group, and King H.S. Choir. (12-06-05) Andrew A. Riley Sophomore, Mary Carroll High School. Activities include: Express Soccer Club, Carroll Soccer Team, People to People World Leadership Forum, alter server, and volunteer for Salvation Army Christmas Toys, Books and Food Distribution. (11-30-05) James Roperes Sophomore, Richard King High School. Activities include: former secretary of Baker Middle School National Junior Honor Society, frequent volunteer of church and annual H.E.B. Feast of Sharing and member of National Mu Alpha Theta Society. (12-08-05) Shay Spence Senior, Mary Carroll High School. Activities include: Boy Scouts of America, Los Emperadores, Mary Carroll Jazz Band and church band. (12-08-05) b. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - One (1) vacancy with three-year terms to 1-01-09. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three- year staggered terms. The remainder of the Board shall be comprised of not more than six (6) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as ex-officio, voting director. The City Manager shall serve as an ex-officio, non-voting member. The directors shall serve three-year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Jim Barnette (Membership), Chair Edward Martin (City) *Gloria Perez (City) Joe Elizondo (City) Gene Guernsey (City) Rep. Judy Hawley (Port Authority) Bernard Paulson (port Authority) Dennis Payne (Membership) Al Jones (Membership) Tony LaMantia (Membership) Colleen McHugh (Membership) David Engel (Membership) Mayor City Manager *Seeking reappointment ORIGINAL APPTD. DATE TERM 1-06 1-01-07 1-01-06 1-01-07 1-01-08 1-07 1-06 1-06 1-06 1-07 1-07 1-06 Term of office Ex-Officio, Nonvoting 02-22-00 12-11-01 12-10-02 12-10-02 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Gloria Perez (City) NO. OF MTGS. THIS TERM 12 NO. PRESENT 12 % OF ATTENDANCE LAST TERM YEAR 100% OTHER INDIVIDUALS EXPRESSING INTEREST Cliff Atnip PartnerlReal Estate. Cobb, Lundquist and Atnip. Received RA. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. (4-22-05) Gerald W Brown, Sr. Vice President/Senior Analyst, RSI & Associates, Inc. Activities include: Member of the Institute of Business Appraisers, Member of the National Center for Employee Ownership, Nueces County Chapter of the Republican National Party, numerous committees at Second Baptist Church and Wounded Christian Ministries. (02-25-05) Rodney Buckwalter Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Management Development Advisory Committee - Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (7-21-04) David Cadena Vice President-Credit Products Underwriter, Bank of America. Received B.A. from Texas A & M University - Corpus Christi. Activities include: C.C. Hispanic Chamber of Commerce and the PDAP Fundraiser. (3-04-05) Robert Cagle Vice President- Turnaround Division, Repcon, Inc. Received B.S. in Engineering Science and Mechanics and M.A. in Business Administration. Member of the Rotary Club of Corpus Christi. (4-21-05) rerry Carter President/CEO, Corpus Christi Chamber of Commerce. Received B.S. in Quantitative Finance from the University of South Alabama. Activities include: Corpus Christi Rotary Club and YOU Executive Committee. (12-07-04) A.rturo Casillas Officer, Nuway International, Inc. Received some college hours and special training for National Council for Economic Business Opportunities. President of Associated General Contractors. (11-22-04) Gilbert Fuentes Realtor, Christi Properties. Received Masters from Texas A & M University - Corpus Christi. Member of Fighting to Rid Against Gangs. (11-18-04) Thomas C Galyon President/CEO, Corpus Christi Convention and Visitors Bureau. Received B.A. from Emory and Henry College. Activities include: Board of Governors for the Art Center and Advisory Board for the Botanical Gardens. (1-07-05) Juan M. Garcia, III Naval Aviator, U.S. Navy. Received B.A. from University of California at Los Angeles, M.A. from John F. Kennedy School of Government, and J.D. from Harvard Law School. Activities include: Leadership Corpus Christi, c.c. Women's Shelter, Citizen's for Education and C.C. Barrios Association. (3-03-05) Guadalupe J. Gomez Self-employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3-10-05) Mike T. Johnson Administrator, Christus Spohn Hospital South. Vice- President, Christus Spohn Health System. M.P.A. in Public Administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility Administrator. Professional activities include: Diplomat, American College of Healthcare Executives - Regional Advisory Board and American College of Healthcare Administrators. (2-20-05) Diane LaRue Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include: Mission 911, IWA Golf Chair and Gala Committee, Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (2-25-05) Chad Magill Chief Information Officer, Identity Theft Solutions, LLC. Associate Member of Certified Fraud Examiners at Houston Community College. Activities include: Chamber of Commerce, Hispanic Chamber of Commerce, Westside Business Association, and SEA. (6-28-05) Delfino Ornelas Unit Director, H.E.B. Grocery Company. Activities include: board member of the Westside Business Association, Del Mar College Business Board and Del Mar College Foundation. Received the Business Man of the Year for Hispanic Chamber of Commerce and Diversity Council Member of the Year. (5-24-05) Jamie Pyle Vice President, Pyle & Associates, Inc. Received B.S in Civil Engineering from Oklahoma State University. Activities include: Boy Scout Venture Troop Advisor, Southside Rotary Club Member, After Hours Quilters Vice President, Leadership Corpus Christi and Texas Society of Professional Surveyors. (8-09-04) Latrice M. Sellers Department HeadlFSMN, Texas Department of Criminal Justice. Received AA in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach", and State Democratic Executive Committee for Women. (2-23-05) John B. Smith Lead Pastor, First Family Church. Received B.S. from Liberty University and pursuing M.A Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4-14-05) Marsha Williams Realtor, Re/Max Metro Properties. Received B.A in Business from Texas A & I University - Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6-09-05) c. ELECTRICAL ADVISORY BOARD ~ Three (3) vacancies with two-year terms to 12-31-07 representing the following categories: 1 - Master Electrician, 1 - Registered Engineer and I - Commercial Builder. DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Nine (9) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (I) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of tive years experience in electrical engineering; one (I) person with five years experience in the commercial building industry; one (I )person with five years experience in the home building industry; and two (2) members, residents of Corpus Christi, not connected with the electrical industry. Five (5) members of the Board constitute a quorum, and concurring vote of not less than five (5) members is necessary to constitute an official action of the Board. MEMBERS *****Kyle Budd (Master Elec.), Chairperson Martin Adrian (Master Elec.), Vice-Chair Richard Gray (Not conn. to elec. industry) Robert R. Connoly (Not conn. to elec. industry) Craig Loving (Journeyman Elec) **Shane Torno (Reg. Engineer) *Bill Ewing, Jr. (Commercial Builder) Charles E. Sebbert (Home Builder) Lee Montgomery (Electrical Eng) TERM 12-31-05 12-31-06 12-31-06 12-31-06 12-31-06 12-31-05 12-31-05 12-31-06 12-31-06 ORIGINAL APPTD. DATE 2-17-98 1-09-0 I 9-14-04 1-09-0 I 1-18-05 5-21-02 9-14-04 5-16-00 1-18-05 *Seeking reappointment **Not seeking reappointment *****Has met the six-year limitation allowed by ordinance ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Bill Ewing (Commercial Builder) 8 NO. PRESENT 7 % OF ATTENDANCE LAST TERM YEAR 88% OTHER INDIVIDUALS EXPRESSING INTEREST Albert Alaniz Arnold Barrera Bhaskar Patel Mike Riley Kimela Thomas Florentmo Vasquez Engineer, Alaniz Engineering, Inc. Receive B.S.M.E. from Texas A & I Kingsville. Licensed as a Professional Registered Engineer. (Reg. Engineer) (12-15-05) Estimator, Rabalais I & E Constructors. Received electrical apprenticeship. Member of Outreach Program Southcrest Baptist Church. Received Honor an Outstanding Instructor award from the Associated Builders and Contractors Texas Coastal Bend Apprenticeship Program. (Master Electrician) (11-15-05) Project Engineer, Maverick Engineering, Inc. Received M.S. in Engineering from Texas A & I University - Kingsville and is a registered professional engineer. Current board member of the Coastal Bend Volunteer Center. (Reg. Engineer) (12-05-05) Project Manager, Scott Electric Co., Inc. Received National Joint Apprenticeship Training. Activities include: United Way and Habitat for Humanity. (Master Electrician) (11-16-05) President and Master Electrician, TKS Electric Services, Inc. Received A.A. from Del Mar College. Member of Junior Achievement. Received Estimator of the Year and Rookie of the Year for Design Electric. (Master Electrician) (7-26-05) Vice President/Estimator, Scott Electric Company. Received National Junior Apprenticeship Program Training. Activities include: Habitat for Humanity, Rio Grande Valley National Joint Electrical Apprenticeship, and United Way. Recipient of the Junior league Community Volunteer Award. (Master Electrician) (11- 29-05) d MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE - Two (2) vacancies with terms to 9-01-06 representing the following categories: 1- nominated by CCISD and 1 - nominated by Friends of the Museum. (Mayoral appointment with advice and consent of Council) DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory to the City Council on matters pertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Christi school districts. Ex-officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The term of each advisory member shall be three years. MEMBERS Dr. Grady Price Blount, Chair Phyllis Howerton Riddle (Museum Aux.) Dr Alexey Sadovski *** Angie Flores (Friends of the Museum) Cheryl Gillenwater (Friends of Museum) Linda Scott (Museum Auxiliary) VACANT (CCISD) Dr. Sharon Brower (Friends of the Museum) Randall Meredith Anna Peterson Bill Richmond Dr. Margaret Ellen Bolick City Manager CCISD Superintendent ***Resigned ORIGINAL APPTD.DATE 10-08-02 2-12-02 2-13-01 5-13-03 12-14-04 10-12-04 TERM 9-01-08 9-01-07 9-01-07 9-01-06 9-01-08 9-01-07 9-01-06 9-01-07 9-01-08 9-01-06 9-01-07 9-01-06 Ex-officio, nonvoting Ex-officio, nonvoting 12-14-04 9-20-05 2-13-01 10-12-04 9-23-03 (Note: The Corpus Christi Independent School District is nominating Linda Torno as the representative to fill the CCISD vacancy. The Friends of the Museum is nominating Dr. J. Robert Hatherill to fill the Friends of the Museum vacancy.) Dr. J. Robert Hatherill Professor, Del Mar College. Received B.S. and M.S. from Eastern Michigan University and Ph.D. from the University of Michigan. Activities include: Sigma Xi, NISOD and AAHHE, Received Who's Who in the World Award. (Friends of the Museum) (12-06-05) Linda Torno Program Advisor for Secondary Science, Corpus Christi Independent School District. Teacher for CCISD for 19 years. Activities include coaching basketball, soccer and volleyball. (CCISD) (12-06-05) e. NORTH PADRE ISLAND DEVELOPMENT CORPORATION - Four (4) vacancies with two-year terms to 12-31-07. DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan. COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, subsequent board members shall serve for a staggered term of two years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council of the city. MEMBERS Samuel L. Neal, Jr., President Mark Scott, Vice President Brent Chesney Javier Colmenero Melody Cooper Rex A. Kinnison John Longoria Jesse Noyola TERM 12-31-05 12-31-05 12-31-05 12-31-06 12-31-05 12-31-06 12-31-06 12-31-06 *Terms are due for Samuel L. Neal, Jr., Mark Scott, Brent Chesney and Melody Cooper. f TRANSPORATION ADVISORY COMMITTEE - Two (2) vacancies with terms to 4-30-06 and 4- 30-08. (Note: One member has traditionally been the security officer at the Naval Air Station.) DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, mjuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice-Chairman annually. Meets 4th Monday of the month, at 2:30 p.m., City Hall, Council Chambers. MEMBERS Don Davenport, Vice Chair Richard Bailey, Sf. Alex McNair Robbie Foster Grace M. Gonzalez Wi lliam Green David V. Seiler ****Raul Torres ***MAC Brian Clements (NAS Security Officer) TERM 4-30-06 4-30-08 4-30-07 4-30-07 4-30-08 4-30-07 4-30-06 4-30-06 4-30-08 ORIGINAL APPTD. DATE 1-11-00 5-10-05 5-11-04 4-11-00 2-13-01 5-11-04 5-13-03 5-13-03 7-27-04 ***Resigned ****Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Karen Beard Injury Prevention Specialist, Driscoll Children's Hospital. Activities include: Head Start Health Advisory Committee, Citizens Advisory Health Board, Flour Bluff PEP Advisory CounciL First Baptist Church and recreation and youth committees. (12-09-05) Daniel Carrizales Information Resource Manager, Corpus Christi Metropolitan Planning Organization. Received technical education in structural engineering and civil engineering. Activities include WWII historical research that featured in the Washington Post. (11-22-05) Misty D. Galang Operations Chief, U.S. Navy. Currently pursuing B.S. in Criminal Justice from Columbia Southern University. Member of the Traffic Safety Board Officer for NAS- Corpus Christi. (NAS) (11-22-05) Joseph Hroch Teacher, Texas Driving School. Received B.S from U.e.e. and graduate work at Corpus Christi State University and Montclair State University. (7-01-04) Carolyn Moon Retired Teacher, Corpus Christi Independent School District. Received M.A. in Communications and Special education. Active member of the League of Women Voters and the Texas Democratic Women. (4-29-05) 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Mueller Co., Decatur, Illinois for approximately 6,625 gas meter valves ranging in size from l" to 1 Y2" in accordance with Bid Invitation No. BI-0024-06 based on low bid meeting specifications for an estimated annual expenditure of $79,064.50. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department for FY 05-06. ......................................................................................... BACKGROUND: Purpose: The gas meter valves will be purchased and used by the Gas Department to control the flow of gas at the meter. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations Issued: Fifteen Bids Received: Five Price Analysis: Pricing has increased approximately 14% since the last contract of May 2002. According to vendor, the increase is due to the rising cost in material and shipping. Award Basis: Low Bid Meeting Specifications National Waterworks, Corpus Christ~ Texas submitted the low bid. However, the valves offered by National are for ball valves and not plug valves as specified. Funding Gas Department 520160-4130-34130 $79,064.50 Total $79,064.50 eneral Services Manager ~ ct)z i!o :z::- Oct) ct)>z ;:)00 8!<,~ 0!::5 Oct);:) u..~m OO~ ~~c -;:)- oQ.m o c < CD Z ~ 8 N .... ~f3~ iii>.... z;iw o>E~ ~~mGi <w<.... ~t-<'o 5w...... z:&~.. e~~~ m<,mc ff3-----'-- --- g . i= .0 ~ ~ w l:::_ U f-!.2 '" w olr 0 fu f-o. ~ C) ~< 0.0. 1l:ci ffi5t:~ ~ enLLZ- en~:::>1r ~ w 0. .,. cr OlD ~W f-!.2 ocr f-o. U ~ ei WI f-O W _ ::!:cr ~~f-W z~Z!.2 QU:::>1r f- 0. <Z z:5 o U ci LL ::!: o ~:$ z _ 8~l::w <'>OZ!.2 ::!::::>~cr .ID-'o. >-:::> <Co ~w f-!.2 Olr f-o. -'W <U f-- ocr f-o. 0-, u- Irei w:::> w -'f-I::U -'<Z- ~1rl:::>g: ::!:O en ::.: cr -IW OX<U ;:f-ba: Ir-'"f-o. Wf- _f-~ ....<cr -;:I ;;iU Z~'=~ Qo.Z- f-cr:::>cr <0 0. ZU I:: Z :::> ~ b z Q f- 0. a: U en W o ::!: W I:: o o on N "'- N en .,. on N ~ ~ o o o '" ~ N ~ <t '" N ;,;:; o o .0 .... '" ,..: .... .,. on O'! ~ o ~ o o <t- .... .,. o '<l: ~ ~ I U 15 o o on '" z Q x Ze :::> Q. 00 W~ I- :5f- :::>W ~~ -:::> . 0 xC) I-~ W-' -,0. Z:::> ~8 o <:) <:) N '" <:) N '" o iii o z o o '" <0 CO (J) CO CO o o o m o m o o on on CO u-, on co I U 15 o o x e Q. U'.; ~ f- W -' I- :::> o X f- W -' ~ N on .... o N m '" co '" .... o iii o Z o on OJ o on %l o N o on <0 co <t <t 10 m 10 N <0 on 10 N <'i N I U 15 10 N x e c. t::: f- W -' I- :::> o ~ X f- W -' ~ l':' n 10 .... on ;;; ,..: o N .,. o C) on N <!< N en .,. ~ q:: .~ a. III III ro Kl > Iii > Cl ::J Ci (5 C "0 C ro Kl > Iii > Iii .0 o III .0 III III M ~ ... .E ~ ro Iii c .2 ro z >- .0 i ~ ~ o Kl > Iii > Q) fi ..: Q) > ~ o I III ~ '" '" on .,.; .... .,. "0 :0 3: ..Q Q) fi ~ ;:: E .0 ::J III III ~ t- ~ -c: .I::. U III ::J a. ... o U ...J ~ o I- III -f: ~ Q) ro s: Iii c o :;::l ro Z .... - 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of laboratory casework furniture from VWR International, Irving, Texas, in the amount of$83,284.06. The equipment will be used by the Health Department and is purchased in accordance with the State's Cooperative Purchasing Program. Funds are available from the Health Department Bioterrorism Preparedness Grant Fund. ****...**.*....*******.*.***.*.*******.*.**********.*.***********.****************** Purpose: The Texas Department of Health has awarded the Health Department with a grant to upgrade the laboratory to a Level B Facility. This project will include the demolition and removal of existing microbiology work benches and the installation of laboratory work stations which includes countertops, cabinets, and sinks needed to perform micro biologic analysis of environmental (food) samples and clinical (blood) samples. Award Basis The equipment is made available under the Texas Building and Procurement Commission (TBPC) Term Contract number TXMAS-3-6611NOI0. Funding: Health Department 530230-1066-831506 $83,284.06 Michael Barrera, C. .M. Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION 11/21/05 FRO - BI-0067-06 Lab Casework Furniture Buyer: Maria Garza DESCRIPTION VWR INTERNATIONAL IRVING, TEXAS TOTAL PRICE Purchase and installation of Laboratory Casework Furniture - Cabinets, counter tops. sinks and work stations $83,284.06 5 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with AMTEX Security, Inc., Corpus Christi, Texas, for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA) in accordance with Bid Invitation No. BI-0018-06 based on low bid meeting specifications for an estimated annual expenditure of $86,870. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval ofthe contractor and the City Manager, or his designee. Funds have been budgeted by the Aviation Department in FY 05-06. ........................................................................................1 BACKGROUND: Purpose: Security Services are required at the Corpus Christi International Airport (CCIA) to comply with the Transportation Security Administration (TSA) aviation contingency plan. The contingency plan was enacted as result of the September 11 tit attacks. This contract will provide a permanent solution to the ongoing civilian aviation threats that are present at the airport. Security Service will be provided at the Corpus Christi International Airport (CCIA) for seven days a week, for approximately 7,300 hours per year. The security workers furnished by the Contractor will be used to provide security at the rental car lot of the CCIA on an as needed basis as determined by the Director. The Contractor is responsible for inspecting vehicles and checking identification of persons entering restricted areas, patrolling and monitoring the premises, prohibiting unauthorized vehicles from parking in the proximity of the terminal building, providing security services for events, guarding against unauthorized entry, directing traffic surrounding the airport terminal and ensuring safety and compliance with the Transportation Security Administration regulations. Bid Invitations Issued : Fifteen Bids Received: Six Price Analysis: Pricing has remained stable since the last contract of2002. Award Basis: Low Bid Meeting Specifications - Securitas Security Service USA, Inc., (Securitas) Corpus Christi, Texas submitted a bid at $10.23 per hour. However, Securitas has taken exception to the City's indemnification and cancellation clauses contained in the contract. Funding Aviation Department 530000-4610-35050 $86,870 Total $86,870 eral Services Manager t:: ~ ..,< ~_!.1~ ~~2 o (/) QI ~~E tXI::)!! Oz lil ~ _001;) ~"E:2 ..J~u ~(!)lg ~E~ Q,g8 _c~ oo=>.E 8 ~ ~ !!2z8 ~O:;;! uii5~ (/):2:....1 ::>QW Q. - a::~a:: 8-~ u.~(!) oxa: >-~W 1-::>>- UQ.~ .;SJ8 c'2 I- CIl'C g;:(Q. ~'C LJ.J ::>.c lilu (/)"'''''8 ~8:5if '" ~~ ~t!-g8 lL::i ~ if -B~w (/)u CIl C '" "" 8 ~8:5if ~~~ ~t!-g8 g~if ~:2 W ~~ CIl .- 8 ~8:5jf o o 8 '" N o th o c '" th o o <to ~ N en '" <to <D N th o o o o <D ....- ~ c c N th Sl~ 0'- 0 0 ~-o8 C> I-~if gs ;X; >>--- Jl r--: '" :c:~ ~ r--: ::>.c ~ lilu (/)'" .... Cii 'E.8 m ~8::>& th g:;~ -:~-g8 ,?:-~ .!!-J: C;i)(Q. ~ _~ W JJt5 x", w::>""8 ~8:5jf C:"'-o (/) ~ CIl ~ t! ~ .8 G:;::iJlif c1l~ :;u ~ '" "" 8 u C JJ8::>if o o 12 <X) <D ~ o m ~ th o o o:i -.... ...<D -..j .... '" '" N o th '" :I: 0- ~ r-: C _2 CIl- u 1\I -- C ~2 (/) QI ~E 'C .! ::>~ &l+> (/) .;g -o.c loU ::> VI (!)::> ~g E.!t:: ,g-Q C ~ ~ ::> 0'- -< 'C U '" ~ E ~ o o 8 '" N o '" '" ~ ::> '" (3 C o ~ ~ C ~ -0 C '" C Q ~ <.::: -1: E CIl -0 -~ '" z, (3 CIl -5 E c Q 0. CIl u >< CIl C CIl "" l!l lJl '" .c '" l!l -c ::> ~ o o <to ~ N m '" o o ~ r-: ~ i ~ l x o o ~ <D ..j .... '" :; ~ 8. '" '" o th iO -0 is '" -0 CIl = -f .0 ::> '" lJl '" >< CIl I- ;;; -c .c U '" ::> ~ 8 u E < rJ) ::> CIl _!.! ti c: e ~c: ~8 a~ CIl- (/) .~ 1a~ E .f: G~ Jl 8 :=. 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of one (l) aerial ladder truck and one (l) 2000 GPM pumper truck from Siddons Fire Apparatus, Manor, Texas for the total amount of$I,043,719 of which $14,318.18 has been budgeted for FY 05/06. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These units are replacements. Financing will be provided through the City's lease/purchase financing program with an initial payment scheduled for July 2006. ****************************************************************************** Purpose: The aerial ladder truck will be used by the Fire Department to fight fires in high rise buildings. The City currently has five aerial ladder trucks in the fleet. The aerial ladder truck will replace one ofthe front line units which, is currently out of service. The pumper truck will be used by the Fire Department for fire fighting duties. The City currently has twenty-three fire fighting units in the fleet with sixteen operating as front line units and seven units placed in reserve status. The pumper truck will replace one of the front line units which will likely be placed in reserve status. Basis of Award: The equipment will be purchased through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. H- GAC acts as a purchasing agent for participating members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: The City purchased a similar aerial ladder truck in 2002. Pricing has increase approximately 4%. Three pumper trucks were purchased earlier this year. Pricing has remained stable on these units. Funding: Fire Department 530190-1020-12010 Aerial Ladder Truck Pumper Truck one month one month $6,843.55 7.474.63 Total: $14,318.18 The aerial ladder will be funded by the City's lease/purchase contractor for a ten year period. The estimated interest rate is 5%. The actual interest rate will be determined after acceptance of the equipment. The equipment will be owned by the City at the end ofthe lease period. The estimated annual payment is $82,122.58 The ten- year total including principal of$645,219 and interest of $176,006.83 is $821,225.83. The pumper truck will be financed for a five year period. The estimated interest rate is 4.750%. The actual interest rate will be determined after acceptance of the equipment. The equipment will be owned by the City at the end ofthe lease period. The estimated annual payment is $89,695.55. The five-year total including principal of $398,500 and interest of$49,977.77 is $448,477.77. The delivery lead time of the aerial ladder truck and pumper truck is estimated at seven months. Funds have been requested by the Fire Department for FY05-06 and will be requested in subsequent fiscal years during the budget process. -----.., Michael Barrera Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - Maria Garza ITEM DESCRIPTION Total Price 2006 Pierce Chassis, 4-Door Full Tdt Aluminum Cab, formed Aluminum Body, tandem Axle 75' Rear-Mounted Telescoping Ladder 2. 2006 Pierce Contender, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle, 2000 GPM Pump, Mid-Mounted Pumper TOTAL: QTY. UNIT Vehicle Vehicle BID TABULATION BI-0077-06 Aerial ladder & Pumper Truck Siddons Fire Apparatus Manor, Texas $645,219.00 398,500.00 $1.043.719.00 7 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of traffic signal equipment from the following companies for the following amounts, in accordance with the State of Texas cooperative purchasing program for a total price of $208,097.70. The traffic signal equipment will be used by the Street Department to monitor and control traffic signals at signalized mtersections. Funds have been budgeted by the Street Department in FY05-06. Paradigm Traffic Fort Worth. Texas Item No.: ]-9 $141,290 Control Technologies Tomball, Texas Item No.: 10-12 $66,807.70 Grand Total: $208,097.70 .................................................................................. BACKGROUND: Purpose: The traffic signal equipment consists ofthe video detection systems, processors, camera assembly with mounting brackets, monitors, keypads, surge protection panels and the uninterruptible power supply (UPS) batteries. Award Basis: State of Texas Cooperative Purchasing Program-Catalog Information Systems Vendor. The video detection systems will be installed in existing traffic control monitoring systems. As such, specific manufacturers are required to insure compatibility with the systems. Funding: Street Department 520130-1020-12310 $208,097.70 ~ 2 W ~ a. S o w -' <( f- 2 W e> WCOen IOO (/)M- W.....LL OOLL -0<( CX:..!.a:: o.[O~ o o <( _ z ~28 CX:O-' I_<C!: O(/)~ (/)5-' =>-W a.oii: CX:C)[O 02<( Oene> l.L.~' Ooffi ~~~ 00.[0 o WUJ DO z_ UJa: ~o. UJ ~ '8' 01/) C ~ .s::.G) ~~t:~ --z- E? Jg => a:: c:E a. o 0 O~ ci D C WUJ u; 00 E 2_ Wa: '* ~o. >- UJ (/)1/) ~~ f!~ f- - E€~UJ 0-0 ,2>> 2 ii: "1:1>=>0. f!t:: al 0 o.LL 00 O~ og 010 C") _ -.... ~C") ~ 00 O~ , 10 10..... 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"1:1 .....c.-al-c.-"1:IO~ '- Oal.... ::l - al """ al _ c.._ """ G) > "'V<(<([O"""[O<(<(>",,,,~ 2 o i= 0. 0:: o (/) W o ~ W ~ ,-N ("')VLOCO.....C:OOl~~~ i i i ..J ~ g C 0:: ~ <( ..J ~ ~ c z ~ C) 8 -------- --- CITY COUNCIL AGENDA MEMORANDUM --------- - AGENDA ITEM: (A) Motion adopting the timetable for the FY2006 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Resolution amending Council Policy No.9, entitled COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS, by adding language relating to the creation of jobs; and reaffirming the objectives and guidelines of the policy. REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2006 Consolidated Annual Action Plan (CAAP) and reaffirming the amended Community Development Block Grant (CDBG) Program objectives and guidelines as adopted by City Council and include the HOME Program. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2006 CAAP process and reaffirmation of the amended Community Development Block Grant Program objectives and guidelines and includes the HOME Program. IMPLEMENTATION SCHEDULE: FY2006 CAAP Timetable A1J~k t Jonathan Wagn. f o CD Administrator ADDITIONAL SUPPORT MATERIAL Background Information pt FY2006 Schedule D{ CDBG Guidelines D{ AGENDA MEMORANDUM BACKGROUND INFORMATION a, Each year the City Council approves the upcoming Community Planning and Development (CPO) Grant Programs planning and an implementation calendar. The FY06 CAAP is the application for funding under the CPO formula grant programs administered through the U S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). The FY06 CAAP will embark the 4th year of the five-year Consolidated Plan, The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: February 10, 2006 March 15, 2006 April 18, 2006 June 14,2006 - Request for Proposals due for the CDBG, ESG and HOME Programs - Planning Commission Public Hearing - City Council Public Hearing - Action Plan submission to HUD As in the past, neighborhood, nonprofit and focus group meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will also be held and mandatory for nonprofit and for profit (in the area of economic development) organizations to attend should they be submitting a request for proposal to the CDBG, HOME and ESG programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's website. b. Overthe 31 years of the COBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG Program. In March 1994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG Program staff brings these policies back to the City Council for reaffirmation for their continued use. Staff believes that these policies require updating while allowing for flexibility for programs that have served the Council and the City extremely well over the years. Staff recommends that the Council reaffirm the amended CDBG Program objectives and guidelines and include the HOME Program as enclosed in Attachment "B." ATTACHMENT "A" COMMUNITY DEVELOPMENNT OFFICE COMMUNITY PLANNING & DEVELOPMENT (CPO) PROGRAMMING FY2006 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE January & February Preliminary Planning/ Neighborhood/Agency Presentations January 1 Publish Neighborhood/Agency Mtgs/FY2006 Request for Proposals February 10 Proposals Due February 16 Submit publication notice of Planning Commission/City Council Public Hearings on the Proposed FY2006 CAAP & Program Information, Le., funds to be received, program income, activities to be undertaken and estimated amount of benefit to low moderate income persons, to Caller-Times. February 19 Publication of Planning Commission/City Council Public Hearing on the Proposed FY2006 CAAP. March 3 Forward Materials to Planning Commission March 15 Planning Commission - Public Hearing on Proposed FY2006 CAAP (special meeting) March 22 Planning Commission - Adoption of Final Recommendation March 26 Publication - FY2006 CAAP Summary and notice of City Council Public Hearing April 18 City Council Public Hearing - Proposed FY2006 CAAP (Staff & Planning Commission Recommendations) Projects and facilities adopted tentatively by Council. April 25 City Council Adoption - FY2006 CAAP April 27 Submit Final FY2006 CAAP Summary & Proposed Use to Caller- Times April 30 May 1 Publication of Final FY2006 CAAP Summary 30 day Citizen's Comment Period begins MayS Notify Council of Governments (COG) of FY2006 COSG Projects (Executive Order 12372 Requirement) May 30 End of Citizen's Comment Period for the FY2006 CAAP June 14 Submit FY2006 CAAP to HUD (Due by June 16) July 17 HUD 15 day comment period - Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* Reaffirmed on December 14, 2004 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses with the exception of economic development proiects which create iobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. A CDBG funded project will be eligible for future CDBG funding at a minimum of two years from the date of its last funding, excludes City projects. f. Program Income generated from the CDBG Housing Program is a revolving fund and will be applied towards the Single Family Rehabilitation and Reconstruction Loan Program. Program Income generated from the HOME Program will be applied towards maintaining or creating affordable housing in our community. * Adopting Policies and General Rules and Procedures of the City Council A RESOLUTION AMENDING COUNCIL POLICY NO.9, ENTITLED COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS, BY ADDING LANGUAGE RELATING TO THE CREATION OF JOBS; AND REAFFIRMING THE OBJECTIVES AND GUIDELINES OF THE POLICY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council hereby amends Council Policy NO.9 by adding language relating to the creation of jobs as follows: "9. COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS "Through the Community Development Block Grant and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: "a No Community Development Block Grant Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development proiects that create iobs. "b "f SECTION 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No.9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor Armando Chapa City Secretary EHres177.dc Corpus Christi, Texas _____ day 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 EHre~ l-C( 9 CITY COUNCIL AGENDA MEMORANDUM Date: 12/20/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005 Community Development Block Grant (CDBG) Program. B. Motion authorizing the City Manager or his designee to amend the scope of work with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005 HOME Program. ISSUE: Subrecipient agreements with nonprofit organizations who were awarded Community Development Block Grant Program Funds and HOME Investment Partnerships (HOME) Funds from the FY05 Consolidated Annual Action Plan (CAAP) need to be approved by the City Council. Also, proposed changes in the original scope of work need City Council approval. PREVIOUS COUNCIL ACTION: 1) On April 26, 2005, the City Council adopted its FY2005 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $3,882,133 for the CDBG Program, $800,000 of program income from housing loans, $24,245 of demolition lien program income, $708,081 of reprogrammed funds, and $150,150 for the ESG Program and $1,772,241 for HOME Investment Partnerships (HOME) Program, $51,243 of the American Dream Downpayment Initiative, $300,000 of program income and $301,225 of reprogrammed funds totaling $7,989,318 (026237). 2) On November 15, 2005, the City Council approved an amendment to the scope of work to allow for Corpus Christi Metro Ministries, Inc. to move a portion of FY05 CDBG project funding to their new location at 3115 McArdle (M2005-390) and move their FY05 HOME project funding to their new location at 3115 McArdle (M2005-391). REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend the scope of work and execute FY2005 CDSG and HOME contract agreements with Corpus Christi Metro Ministries, Inc. FUNDING: FY2005 CDBG and HOME funds. RECOMMENDATION: That the City Manager or his designee to amend the scope of work and execute FY2005 CDBG and HOME contract agreements with Corpus Christi Metro Ministries, Inc. 4~~ Jona ha Wagner CD Administrator Attachments BACKGROUND INFORMATION PROJECT BACKGROUND A. April 26, 2005, the City Council adopted its 2005 CAAP for Community Planning and Development (CPO) Programs (026237). Included was the approval of the following $100,838 CDBG project with Corpus Christi Metro Ministries (CCMM) with CCMM making a capital contribution of $15,000. November 15,2005, the City Council approved the revised scope of work for CCMM for Loaves and Fishes at 1906 Leopard St. and at their new location at 3115 McArdle (M2005-390). Approved Revised Scope There is no proposed change of scope of work for Loaves and Fishes at 1906 Leopard St. The following scope of work has been approved for CCMM at 3115 McArdle St. . E" Building - Replace Load-Bearing Support Beams ($15,000) - Shore up roof and then remove two rotten water-damaged load-bearing wood support beams, rotten ceiling sheetrock, rotten roof joists, damaged insulation, and ceiling mounted electrical equipment and replace affected area with appropriate materials. Restore to like new condition. . "E" Building - Roof Replacement ($62,149) Remove existing leaking roof and dispose of materials. Then replace roof with an appropriate wind-storm certified roof system that will drain properly. Replace rotten wood decking as required with new wood, replace all flashing, vents, roof jacks, perimeter metal, and add guttering and downspouts. Relocate all roof-mounted air conditioning & heating equipment to raised cement slabs at ground level. Proposed Revised Scope The project is evolving and originally included to remove and install security fencing around the "H" building under the HOME Program. So the whole property, including the "E" building, will be safe for all renovations and to prevent further vandalism, CCMM is requesting to remove and install security fencing utilizing FY05 CDBG funds and not FY05 HOME funds. · E" Building - Replace Load-Bearing Support Beams ($15,000) - no change · "E" Building - Roof Replacement ($33,649) - same as the approved revised scope with a reduction of funding · Security Fencing Renovation ($28,500) Remove and dispose of 1,088 linear feet of existing property fence and furnish and install 1 ,289 linear feet of new 8' chain link fence (9 gauge, 2" mesh, 1.2 ounce per square foot fabric) using 2 Y2" line posts (Schedule 40 pipe), 3" corner posts, and 3" gate posts (both Schedule 40 pipe). The posts will all be set in concrete. Install three 4' walk gates, one S' walk gate, two 6' walk gates, and two 12' double drive gates. All fences will have a top rail of 1 S/8"schedule 40 pipe. Fence will completely enclose property lines. Remove and discard any existing deteriorated wood fencing. B. April 26, 200S, the City Council adopted its 200S CAAP for CPO Programs (026237). Included was the approval of the following $1S0,000 HOME project with CCMM. Approved Revised Scope . "H" Building - Roof Replacement ($65,000) Remove existing deteriorated roof and all attachments and dispose of materials. Replace roof with an appropriate 30-year Class "A" fiberglass roofing shingled roof system in accordance with State Board of Insurance requirements and that will drain properly. Replace wood decking as required with new wood, install new 1" x 2" wood drip strip and metal flashing, vents, roof jacks, and lead boot flashing, and add guttering and downspouts. Relocate all roof-mounted air conditioning & heating equipment to raised cement slabs at ground level. . "H" Building - Air Conditioning & Heating Renovation, Plumbing, Electrical, Carpentry, Painting and Cement Work ($56,500) - Replace vandalized and non- working heating and air conditioning units; relocate units to ground slabs as appropriate. Reroute refrigerant lines; replace and install air handlers; perform renovation work to electrical wiring and plumbing; replace non-working plumbing- related fixtures; perform carpentry, wallpapering, and sheet rock work including taping, floating, texturing and painting of walls. Also replace water-damaged ceiling sheet rock and or suspended ceilings as needed. On exterior, remove rotten porches and rebuild new porch areas, replace rotten siding, perform all prep work and paint the exterior of the building. . "H" Building - Security Fencing Renovation ($28,500) Remove and dispose of 1 ,088 linear feet of existing property fence and furnish and install 1 ,289 linear feet of new 8' chain link fence (9 gauge, 2" mesh, 1.2 ounce per square foot fabric) using 2 Y2" line posts (Schedule 40 pipe), 3" corner posts, and 3" gate posts (both Schedule 40 pipe). The posts will all be set in concrete. Install three 4' walk gates, one S' walk gate, two 6' walk gates, and two 12' double drive gates. All fences will have a top rail of 1 S/8"schedule 40 pipe. Fence will completely enclose property lines. Remove and discard any existing deteriorated wood fencing. Proposed Revised Scope . H" Building - Roof Replacement ($65,000) - no change . "H" Building - Air Conditioning & Heating Renovation, Plumbing, Electrical, Carpentry, Painting and Cement Work ($56,500) - no change · "H" Building - Other Minor Building Renovations ($28,500) - Other minor building renovations as needed and to be determined. Could include any renovation, including but not limited to plumbing, electrical, glass and door replacement etc. 10 CITY COUNCIL AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: (a) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend Council of Governments in the amount of $27,733.33, for a third year of grant funding for an Assistant Compliance Officer, with a City match of $2,500 in the NO.1020 General Fund, and a total project cost of $30,233.33. (b) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend Council of Governments in the amount of $4,500, to pay for the disposal of scrap tires collected through the Neighborhood Initiative Program. (c) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend Council of Governments in the amount of $10,000 to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance, with a City match of $1 0,000 in the No, 1020 General Fund, for a total project cost of $20,000. (d) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend Council of Governments in the amount of $40,000, to purchase new used-oil collection units and HHW Storage Modules for the new Citizen's Collection Station at the J. C. Elliott Landfill. ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires the approval of a resolution by the City Council. BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for the CBCOG region. In 2002-2003 Solid Waste received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program, $10,000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi Community clean-up events In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement and $10,000 for Litter and lIegal Dumping Cleanup program. In 2004-05 Solid Waste received a total of $38,619 for the following: $ 26,619 for Solid Waste Local Enforcement, $2,000 for Education and Training, $10,000 for Litter and lIegal Dumping Cleanup programs. In FY 2005-2006 grant funding in the amount of $239,703 will be available through the CBCOG grant application process for solid waste projects. The four grants requested for the City in FY 2005-2006 total $82,233.33. All requested grant funding supports specific goals and objectives of the CBCOG Regional Solid Waste Management Plan., TCEQ, and State of Texas. FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grants and approval of inter-local agreements between the City and the CBCOG, appropriation of Federal/State Grant(s). RECOMMENDATION: Approval of the resolution as submitted. lffz ~a Jeffrey D. Kaplan, Director, Streets & Solid Waste Services RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $27,733.33, FOR A THIRD YEAR OF GRANT FUNDING FOR AN ASSISTANT COMPLIANCE OFFICER SALARY, WITH A CITY MATCH OF $2,500 IN THE NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COST OF $30,233.33. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee. is authorized to submit a grant application to the Coastal Bend Council of Governments in the amount of $27,733.33 for a third year of grant funding for an Assistant Compliance Officer salary. The City match for this grant is $2,500 in the NO.1 020 General Fund, for a total project cost of $30,233.33 SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 12th day of December, 2005. Henry Garrett Mayor R. Jay Reining First Assistant 'ty Attorney For City Attorney grantres . Complaince Officer.doc 2 Corpus Christi, Texas 20th day of December, 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kell y Rex A Kinnison John Marez Jesse Noyola Mark Scott grantres - Complaince Officer.doc RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $4,500, TO PAY FOR THE DISPOSAL OF SCRAP TIRES COLLECTED THROUGH THE NEIGHBORHOOD INITIATIVE PROGRAM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Coastal Bend Council of Governments in the amount of $4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative Program. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 12th day of December, 2005. Henry Garrett Mayor :{~~ . ay elnlng First Assistant City Attorney For City Attorney grantres - Scrap Tires.doc 2 Corpus Christi, Texas 20th day of December. 2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kell y Rex A. Kinnison John Marez Jesse Noyola Mark Scott grantres - Scrap Tires.doc RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $10,000, TO DEVELOP A COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE CITY'S ANTI- LITTER ORDINANCE, WITH A CITY MATCH OF $10,000 IN THE NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COST OF $20,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager. or designee. is authorized to submit a grant application to the Coastal Bend Council of Governments in the amount of $10,000 to develop a community media outreach campaign for the City's anti-litter ordinance. The City match for this grant is $10.000 in the NO.1 020 General Fund, for a total project cost of $20,000. SECTION 2. The City Manager, or designee. may accept. reject. agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 12th day of December, 2005. Henry Garrett Mayor granlres - Community Media Outreach.doc Corpus Christi , Texas 20th day of December, 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 grantres - Community Media Outreach. doc 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION THE COASTAL BEND COUNCil OF GOVERNMENTS IN THE AMOUNT OF $40,000, TO PURCHASE NEW USED-Oil COLLECTION UNITS AND HHW STORAGE MODULES FOR THE NEW CITIZEN'S COLLECTION STATION AT THE J.e. ELLIOTT LANDFILL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Coastal Bend Council of Governments in the amount of $40,000 to purchase new used-oil collection units and HHW storage modules for the new citizen's collection station at the J.C. Elloitt landfill. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 12th day of December, 2005. Henry Garrett Mayor grantres - citizen collection station.doc Corpus Christi, Texas 20th day of December, 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 grantres - citizen collection station.doc 2 11 CITY COUNCIL AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute an amendment to the Put/Pay Contract with Dawson Recycling, Inc., offering a 15% discount off the contract rate when more than 33% of additional tonnage over the base 2,145 tons is delivered in a contract year. ISSUE: To amend the existing "Put or Pay" contract with Commercial Solid Waste Haulers delivering acceptable waste to the J. C. Elliott Landfill for disposal allowing for 15% percent discount on the contract rate when more than 33% of additional tonnage is delivered in a contract year. BACKGROUND: With the acquisition and current development ofthe Cefe Valenzuela landfill it is necessary to have a consistent flow of solid waste tonnage to develop a sound business plan for the project. Additionally, competition for solid waste in the Coastal Bend COG from competing landfills in San Antonio and Robstown had resulted in a decline in solid waste tonnage with a resulting revenue loss. The amendments will allow for increased tonnage deliverables for current contract holders and others who have operated as sub- contractors for at least one contract year with these same contract holders. RECOMMENDATION: Approve amendment as submitted. ~D~ jji((ref D. Ka61an --- Director, Solid Waste Services HJIorilie/council memoslamnd Dawson Put-Pay Agnnnt 12-05 AMENDMENT.., TO WASTE DISPOSAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND DAWSON RECYCLING, INC. This document amends the Waste Disposal Agreement f'Agreemenf') between the City of Corpus Christi ("the City"), and Dawson Recycling, Inc. ("Hauler") executed on August 23, 2002. The parties agree to the following amendments to the Agreement: 1. Section 2.3 of the Agreement is amended by adding a new subsection 2.3.3 to read as follows: "2.3. Adjustments to Guaranteed Tonnage. * * * * * 2.3.3. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnaae established in Subsection 2.2.1.. the Hauler is eliaible for a discount off of the oar ton tiDDing fee. Once established the discount will apDlY from the base year in which the discount was first calculated. and will aDDlY to all succeedina years keeDina the base tonnage calculation intact." 2. Article 3 of the Agreement is amended by adding a new section 3.3 to read as follows: "ARTICLE 3. FEES * * * 1< * "3.3. Discount for Increased TonnaGe. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the auaranteed annual tonnage established in Sub&ection 2.2.1.. the Hauler is eliaible for a 15% discount off of the $19.50Iton liPDing fee ($16.58Iton. Dlus any mandated Federal or State fees). The lowertiPDina fee will be aoDled retroactivelv to the additional waste once 33% threshold is reached. Once a new base tonnage is calculated under Subsection 2.3.2. the City will reduce it's billing to the Hauler at the beginning of each succeeding Year." 4. Section 14.1 of the Agreement is revised to read as follows: "ARTICLE 14. MISCELL4NEOUS PROVISIONS. "14.1. Entire Agreement This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement and Amendment #1 to this Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. R53409D1 1 CITY OF CORPUS CHRISTI Attest: Armando Chapa City Secretary George K. Noe City Manager Date: Approved as to form: This ~ day of !)e.ce InJI'r ,2005 By: 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, a Texas Municipal Corporation, on behalf of the corporation. Notary Public State of Texas R53409D1 3 The parties to this Agreement have caused this amendment to be executed on the date the City's representative executes this agreement. This Agreement is intended to take effed as a sealed instrument." AGREED TO BY: DAWSON RECYCLING, INC. Date: \)-\"\- 0 c.- ~ -- --c~ Vance Dawson, N President THE STATE OF TEXAS ~ ~ COUNTY OF ~ This instrument was acknowledged before me on , 2005, by Vance Dawson, N, President, on behalf of Dawson Recycling, Inc., a limited partnership. Notary Public State of Texas R53409D1 2 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 20, 2005 AGENDA ITEM: Authorizing the City of Corpus Christi Parks and Recreation Department to submit a bid for the 2010 Joint Institute and Trade Show of the Texas Recreation and Park Society and the Texas Parks and Wildlife Department to be held in Corpus Christi March ath through March 13th, 2010; and dedicating City resources and the commitment of the American Bank Center for a total cost of $20,000 to support the bid. ISSUE: The City of Corpus Christi Parks and Recreation Department would like to submit a bid to host the 2010 Joint Institute and Trade Show of the Texas Recreation and Park Society and Texas Park and Wildlife Department. The location to host the event is determined by a competitive bid process. The conference brings approximately aoo to 1,000 delegates and vendors to the community over the course of six days. A resolution of the City Council is a requirement of the bid. REQUIRED COUNCIL ACTION: The City Council must approve the resolution. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of this resolution. Attachments: none RESOLUTION AUTHORIZING THE CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT TO SUBMIT A BID FOR THE 2010 JOINT INSTITUTE AND TRADE SHOW OF THE TEXAS RECREATION AND PARK SOCIETY AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT TO BE HELD IN CORPUS CHRISTI MARCH 8 THROUGH MARCH 13,2010; AND DEDICATING CITY RESOURCES AND THE COMMITMENT OF THE AMERICAN BANK CENTER FOR A TOTAL COST OF $20,000 TO SUPPORT THE BID. WHEREAS, the City of Corpus Christi Parks and Recreation Department (PARD) is authorized to submit a bid to host the 2010 Texas Recreation and Park Society (TRAPS)rrexas Parks and Wildlife Department (TPW) Annual Institute; and WHEREAS, the City of Corpus Christi Parks and Recreation Department (PARD) acknowledges the criteria and requirements specified in the site selection criteria for bid to host the Annual TRAPSrrpW Institute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION I. The City Council authorizes the City of Corpus Christi Parks and Recreation Department (PARD) to submit a bid for the 2010 Joint Institute and Trade Show of the Texas Recreation and Park Society (TRAPS) and the Texas Parks and Wildlife Department (TPW) to be held in Corpus Christi March 8 through March 13, 2010. SECTION II. The City Manager, or designee, is authorized to dedicate City resources and the commitment of the American Bank Center for a total cost of $20,000 to support the bid described in Section I. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the _ day of ,2005. ATTEST: CITY OF CORPUS CHRISTI APPROVED AS TO LEGAL FORM on the 8th day of December, 2005. ~~ By: Doye Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H :\lEG-DIR\OlgaR\Doyle\Resolu.tion\05.1208DCTRAPS& TPW .FY09-1 Obid.$20,OOO.doc Corpus Christi, Texas _ day of , 2005 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H :\LEG-DI R\OlgaR\Doyle\Resolu.tion\05 .1208DC TRAPS& TPW. FY09-1 Obid.$20 ,000 .doc 13 CITY COUNCIL AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: Ordinance appropriating $30,000 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 for asbestos removal from City facility located at 1409 Leopard Street (a.k.a. Sears Building); amending annual budget adopted by ordinance 026385 by increasing appropriations by $30,000; and declaring an emergency. ISSUE: The National Guard has agreed to demolish the structure (a. k. a. the old Sears' building) next to City Hall on Leopard Street through the Neighborhood Visions Committee's Operation Clean Sweep Program. The demolition service will be provided at no cost, but the City must pay for asbestos remediation and air monitoring service prior to the demolition. The demolition is scheduled during the Operation Clean Sweep demolition mission from January 23 to February 3,2006. REQUIRED COUNCIL ACTION: Approval of the ordinance. FUNDING: CONCLUSION AND RECOMMENDA liON: Approval of the Ordinance. vo ne Morales Haag . or Neighborhood Services Department BACKGROUND INFORMATION The city facility located at 1409 Leopard Street (a.k.a. Sears Building) is slated for demolition by the National Guard during the next scheduled mission coordinated by the Neighborhood Visions Committee and the City's Neighborhood Services Department (January 23 - February 3,2006). The structure has been thoroughly inspected by Facilities Maintenance, Code Enforcement, Engineering, Building Inspection and the Police Department and deemed structurally unsafe, and an attractive nuisance for crime, thus making it eligible for demolition by the National Guard. The parking overhangs facing Sam Rankin Street are routinely used by vagrants as a place to sleep at night, especially during inclement weather; on several occasions, vagrants have pried off fascia boards and entered the building during colder periods; maintenance staff and Park's ground staff have reported finding a significant number of syringes and other drug paraphernalia on a regular basis; evidence of other criminal activity; and there is strong evidence of rodent infestation. The structure has been used by various City Departments for storage of aged records, recyclable office equipment, and material to be sold for scrap. It has been utilized in this capacity for over fifteen years, during which period it has received no capital improvements or major repairs. All environmental systems are non-operational and/or non-existent at this time. ORDINANCE APPROPRIATING $30,000 FROM THE UNAPPROPRIATED FUND BALANCE IN THE MAINTENANCE SERVICES FUND NO. 5110 FOR ASBESTOS REMOVAL FROM CITY FACILITY LOCATED AT 1409 LEOPARD STREET (A.K.A. SEARS BUILDING); AMENDING ANNUAL BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING APPROPRIATIONS BY $30,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 from the unappropriated fund balance in the Maintenance Services Fund No. 5110 is appropriated for asbestos removal from city facility located at 1409 Leopard Street (a.k.a. the old Sears building.) SECTION 2. That the annual budget adopted by Ordinance 026385 is amended to increase appropriations by $50,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the ~___ day of __._ __~.___, 2005 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: December 15, 2005 ,,~~~ Lisa Aguilar Assistant City Attorney for City Attorney Corpus Christi, Texas .._ Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfu lIy, 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 Kinnison John E. Marez Jesse Noyola Mark Scott 14 AGENDA MEMORANDUM DATE: December 20,2005 SUBJECT: Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2 (Project No. 2247) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $627,174.20 with Coastal Resources of Corpus Christi, Texas for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2. ISSUE: Various concrete lined channels and bridges located throughout the City are deteriorated and require repair and rehabilitation. Phase 2 of the Concrete Lined Channel Rehabilitation Project consists of the Airport Ditch. The total fee of $627,174.20 exceeds the $25,000 contract limit; and requires City Council approval. FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. I Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "0" Location Map H \USERS2IHOMEIVELMAPIGENIDRAINAGE'2247\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2 (Project No. 2247) PRIOR COUNCIL ACTION: 1. March 29, 20054 - Appropriation of the Fiscal Year 2004-2005 Capital Budget and Capital Improvement Planning Guide in the amount of $178,074,800 (Ordinance No. 026188). 2. January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with HDR Engineering, Inc. in the amount of $433,234, for a total restated fee of $458,207, for the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: (Motion No. M2005- 0(9) · Concrete Lined Channel Rehabilitation: Van Galen, Phase 1 · Concrete Lined Channel Rehabilitation: Carroll West · Concrete Lined Channel Rehabilitation: Airport, Phase 2 · Concrete Lined Channel Rehabilitation: Flynn Shea · Bridge Rehabilitation: Kingsbury Drive · Bridge Rehabilitation: Lexington Road · Drainage Channel Excavation: Saratoga Boulevard Bridge 3. February 22, 2005 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $178,750.25 with Isensee Construction of Corpus Christi, Texas for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1 (Motion No. M2005-057). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3 March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6 April 11, 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). H \LJSERS2\HOMf .VELMAPIGEN\DRAINAGEI2247\AGINDA BJ'.OGRDUND PRIOR ADMINISTRATIVE ACTION (continued): 7 April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request tor Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-ot-town). 8. April 25, 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering tirms (28 local and 14 out-ot-town). 9 AUQust 4, 2003 - Letter Of Notification NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation. Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 10. February 6, 2004 - Letter Of Notification No.3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of- town). 11 February 12, 2004 - Addendum No. 1 to the Letter Of Notification NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of-town). 12. September 30, 2004 - Executed Small AlE Agreement with HDR Engineering, Inc. in the amount of $24,973 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1 13. October 20, 2005- Administrative approval ot Change Order No. 1 to the Construction Contract with Isensee Construction of Corpus Christi, Texas in the amount of $11,384.50, tor a total re-stated contract fee of $190,134.75, tor the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1. FUTURE COUNCIL ACTION: Construction contracts to complete the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project as follows: . Concrete Lined Channel Rehabilitation: Flynn Shea . Bridge Rehabilitation: Kingsbury Drive, Lexington Road . Drainage Channel Excavation: Saratoga Boulevard Bridge PROJECT BACKGROUND: On February 6, 2004, Letter Of Notification No.3 to the Request tor Qualifications (RFQ) No. 2002-01 (Storm Water Projects) was issued to 42 engineering firms (28 local and 14 out-of-town), ot which the Concrete Lined Channel Rehabilitation and Bridge Rehabilitation Project is included. On September 30, 2004, a Small AlE Agreement was executed with HDR Engineering, Inc. In the amount of $24,973 for developing plans and specifications to complete urgently needed repairs to the concrete liner of the Airport Ditch, Phase 1. On January 11, 2005, Amendment No. 1 was approved by the City Council. Amendment NO.1 includes Basic Services and Additional Services for the specified sites as follows: . Concrete Lined Channel Rehabilitation: Van Galen Phase 1 Concrete Lined Channel Rehabilitation: Carroll West Concrete Lined Channel Rehabilitation: Airport Phase 2 Concrete Lined Channel Rehabilitation: Flynn Shea Bridge Rehabilitation: Kingsbury Drive, Lexington Road Drainage Channel Excavation at Saratoga Boulevard Bridge . . . . . EXHIBIT "A" Paqe 2 of 4 H"IUSERS2\HOMEIVELMAP\GE NIORAINAGF2247\A{ ;ENDA BA<" ~ r;FWIINO The Airport Ditch, Phase 1 Project was awarded on February 22, 2005 to Isensee Construction of Corpus Christi, Texas. Phase 1 of the project addresses two (2) areas of the Airport Ditch in need of urgent repairs: Just north of West Point Road - the concrete liner on the east side has failed due to a shear failure in the soil behind it. The shear failure has also impacted the bottom in this area pushing it up 2. At the south end of the concrete lined section - near Gavilan Street and Los Robles Drive, the concrete liner has been undermined and is severely cracked and broken. The project consists of the removal and replacement of approximately 1,465 square yards of concrete channel liner at two locations including all appurtenances and associated work in accordance with the plans, specifications, and contract documents. Phase 1 of the project is complete and has been accepted by the City Manger's Office on November 14, 2005. PROJECT DESCRIPTION: The proposed project consists of the removal and replacement of concrete channel liner at multiple locations: Base Bid - Repair liner failures in worst locations; approximately 2,200 square yards in ten (10) locations. Additive Alternate NO.1 - Replace liner at location at the largest heaved area in the bottom; approximately 1,040 square yards in one (1) location. Additive Alternate NO.2 - Replace liner at location at the second largest heaved area in the bottom; approximately 1,170 square yards in one (1) location. Additive Alternate No.3 - Repair of approximately 90 linear feet of slope failure along the south side of the Horne Road Ditch near Theresa Street (street side). Additive Alternate NO.4 - Repair of approximately 270 linear feet of slope failure on the north side of the Horne Road Ditch near Theresa Street (golf course side). The work includes all appurtenances and associated work in accordance with the plans, specifications, and contract documents. BID INFORMATION: Bids were received on December 7,2005 with four (4) bidders submitting proposals The bid proposal was set up with a Base Bid and four (4) Additive Alternates. The bids range as follows: Base Bid from $280,687.00 to $683,095.00 Additive Alternate NO.1 from $110,797.50 to $313,280.00 Additive Alternate No.2 from $132,092.10 to $360,745.00 Additive Alternate NO.3 from $44,305.60 to $126,240.00 Additive Alternate NO.4 from $39,692.00 to $169,600.00 The lowest bid was submitted by Coastal Resources of Corpus Christi, Texas. The City's consultant, HDR Engineering, Inc., and City staff recommends a contract be awarded to Coastal Resources for the Base Bid in the amount of $280,687, and the Additive Alternate Nos. 1, 2, 3, and 4 in the amount of $346,487.20. for a total contract award of $627,174.20. EXHIBIT "A" Pa e 3 of 4 ,hUSERS2IHOMEIVELMAPIGEN\DRAINAGEQ.'4 T'AGI NDA RAC h (;H".'ND CONTRACT TERMS: The contract specifies that the working time for completion is as follows: r...__~a_....._. -.'----- I i Contract Calendar Anticipated Completion Date I Days _.,..._,-~.-_."- Base Bid 75 April 7, 2006 Base Bid plus Additive Alternate NO.1 120 May 22, 2006 Base Bid plus Additive Alternates Nos. 1, 2 160 July 1, 2006 Base Bid plus Additive Alternates Nos. 1, 2, 3 190 July 31,2006 Base Bid plus Additive Alternates Nos. 1.2, 3,4 220 August 30,2006 FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital Improvement Budget. H:\USERS2\HOMEIVEL MAP\GEN\DRAINAGE\224 7\AGENDA BAC KC;hOUND CONCRETE LINED CHANNEL REHABILITATION AIRPORT DITCH, PHASE 2 (Project No. 2247) December 20,2005 FUNDS AVAilABLE: Storm Water CIP. .... $788,372.20 FUNDS REQUIRED: Construction (Coastal Resources)...... Contingencies (10%). ..... Consultant (HDR Engineering, Inc.)...... 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I OJ\ I ! l '~ GABE LOZANO GC)Lf~ COURSE f- lY o (l. lY <t TO M H M R Corpus Christi State School LOliTA !;OfY: !\If' MENDOZA Ul W W I- I-- Laguna Pork B OOMINGTON SKIN E PROJECT LIMITS REAL <t <t <t Z i'.j 0 <t ,~ <( 0 w Z I- W IL W 0 <( - (~ - Ul 2 _J -.-J Z > Z -1 0 <( <t C) <( <t JJ J 0:::: > ',>-- , EXHIBIT "'0" CITY COUNCIL EXHIBIT ~ OEPA,?TMENT OF ENGINEERING SERVICES .. PAGE: 1 of 1 ~ -- - - DATE: 12-15-2005 ~ CONCRETE LINED CHANNEL REHABILITATION. AIRPORT DITCH, PHASE /I Ci iF;,'S ll, / L >-./'-~,_ 15 AGENDA MEMORANDUM December 20,2005 AGENDA ITEMS: Motion authorizing the City Manager, or his designee, to execute Change Order NO.1 with Robles & Sons, Inc. of Cibolo, Texas, in the amount of $58,488.00 for a construction contract for the Corpus Christi International Airport Air Traffic Control Tower Demolition Project for total restated contract amount of $333,488. Project No. 1081 ISSUE: Additional work is required to provide additional demolition and wind storm rated walls on the electrical and mechanical room that is being retained on site. FUNDING: Funding is available from Airport Capital Improvement Funds. RECOMMENDATION: Approval of the motion as presented. r J1~co::1~ Director of Engineering Services ~fL- . /2/;S/t15' / ' 1z/1>j~S f#f- Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Change Order Summary Exhibit C Location Map H :\HOME\KEVINS\GE N\AIR\A TCT\Demol ilion ICO 1 MemoDemo. doc BACKGROUND INFORMATION ADDITIONAL INFORMATION: Additional demolition is necessary to remove the carpenter's shop and cooling tower. The work will be coordinated to allow the electrical vault to remain in operation. The demolition includes removal of the foundation, backfill, grading, and site restoration. The contractor will provide temporary fencing, new interior partitions and asbestos removal The demolition will require construction of exterior walls for the electrical and mechanical rooms to match existing finishes. These rooms were attached to the old Air Traffic Tower. The original demolition plan called for the reconstruction of one wall. The additional demolition resulted in the need to construct three exterior walls that must comply with wind load requirements. The original plans and specifications did not provide for the walls to be reconstructed. PRIOR COUNCIL ACTIONS: Julv 12, 2005 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $275,000.00 with Robles & Sons, Inc. of Cibolo, Texas, for the Corpus Christi International Airport Air Traffic Control Tower Demolition project (M2005-221). November 15, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the engineering contract in the amount of $12,760.00 for a restated fee of $36,760.00 with Maverick Engineering of Corpus Christi, Texas, for the Corpus Christi International Airport Air Traffic Control Tower Demolition project. ADMINISTRATIVE ACTIONS: March 21, 2003 - Award of an engineering services contract in the amount of $24,000 to MEI Govind for the demolition the Corpus Christi International Airport Air Traffic Control Tower. May 11, 2005 - Award of an asbestos consulting and abatement monitoring contract in the amount of $24,000 to All Points Environmental of Corpus Christi for demolition the Corpus Christi International Airport Air Traffic Control Tower. CHANGE ORDER: The change order provides for the additional demolition and construction of three (3) exterior windstorm rated walls and modifications to roof sections around the electrical control room. FUNDING: Funding is available from Airport CIP Funds. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the Agenda Items and recommends approval. H\HOME\KEVINS\GEN\AIR\A TCT\Demolition\C01 BkgExhADemo.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET DECEMBER 15, 2005 PROJECT: Air Traffic Control Tower Demolition - Project No. 1081 APPROVED: July 12, 2005 - COUNCIL MOTION No. 2005-221 CONTRACTOR: Robles & Sons 750 North Main Cibolo, TX 78108 TOTAL CONTRACT AMOUNT...................... 25% Limit Amount...... ..... ............. ............. 275,000.00 68,750.00 Change Order NO.1 (12/15/05) ................... T ota I.. ... ... ..... ......... . . . . .. .. . .. . .. . .. 58,488.00 58,488.00= 21.3% < 25% CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO ~ PROJECT NO: 1081 Operating Department Corpus Christi Department of Aviation CONTRACT TIME: 60 Calendar Davs DATE: December 15, 2005 Name of Project CCIA - Air Traffic Control Tower Demolition Contractor Robles & Sons, Inc. CHANGE ADD DEDUCT Delete Bid Items 2,3,4,5,6,7.8,9, 10,11 and 13 $41,800.00 2 Complete demolition and disposal of additional 7500 SF of one- $100,288.00 story masonry structure, carpenter shop, cooling tower building, and all associated foundations; surgical structural separation in order to allow the electrical vault wing to remain operational; complete asbestos abatement (and ACM disposal) of buildings; construction of exterior wall (3 ea.) and interior partitions; grading, backfilling, compacting and site restoration typical of existing scope; 3 Demolition and disposal of existing engine generator shelter, concrete slabs; backfilling and compacting per existing scope. $ 0.00 TOTAL: $58.488.00 Why was this change necessary? (If left off the plans and specifications, explain why) 1. Additional Scope of work added to the proiect. 2. Additional scope of work added to the proiect. 3. Additional scope of work added to the project. How can similar changes be avoided in the future? 1. Unavoidable 2. Unavoidable 3. Unavoidable .A.. CONTRACT PRICE $ B. TOTAL CHANGE ORDER (inc. current) ............ .. . $ C. NEW CONTRACT PRICE .. $ D. THIS CHANGE ORDER............... ... $ E. PERCENT TOTAL CHANGE (B/A)...................................... F PREVIOUS ADDN'l TIME AUTHORiZED..... ................ G. ADDN'l CONTRACT TIME THIS CHANGE ORDER...... H TOTAL ADDITIONAL TIME....... ............. 275.000.00 58.488.00 333.488.00 58.488.00 21.3 % o cd 120 c d 120 cd Project Engineer CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR: Robles & Sons, Inc. By: ____.. By: City Engineer Title: APPROVED Operating Department Management/Budget Department legal Department .Ir'! \t<rl ',,'0' c;""""9 RI"F "'f-~ ) \~ ~ N ~. ~ . ii' G i' , , (, C'- I,-,c/o County y "24 .,y(;~ . ~Ce, ;[-:TS SA)/ ,~ "" 0: I I cl :,,1 ~I ~i , I 1 ~.I o. i~1 ,~ '" u "I 1 CORPUS CHRISTi BAY '"""'i ~I 0' "" ~I ~'i HWY 44 L .L __ o ~ PROJECT LOCATION 1000 INT[RNA naNN DRIVE CORP(.<, CHRISTI TEXAS I 0 'l! ~r 'C)~) <<J,,/ ~: _i-,-~ ~ LOCATION MAP NOT TO SCALE C' 1 ", ~/1/L,;: l-Il~ VEZ. BL 1.(D~__ HfiVY 44 AGNES RD. ," 'r~m~-~_ if II I-~~~_~ Iii i I .'\ " . --~. I N ~ MD ;j ~ c: l;"J '" ~ ::l ,., I I /1 / ; AIRPORT TERMINAL (AIR TRAFFIC CON- TROL TOWER) ~J ,I SITE LA YOUT NOT TO SCALE CITY PROJECT No. 1081 EXHIBIT "C" eey en CORPt...) CHRISTi, fEXAS CITY COUNCIL EXHIBIT I DEPARTMENT OF ENGINEERING SERVICES I PAGE: 1 of 1 Ii DATE: 07-12-2005 II -- - - - - -~ CCIA AIR TRAFFIC CONTROL TOWER DEMOLITION 16 CITY COUNCIL AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute two interlocal government agreements with the San Patricio Municipal Water District for construction and maintenance of a new bridge crossing Hondo Creek and for maintenance of a 60-foot wide road to the City's proposed water pumping plant, both pending acquisition of an Access Easement by the City from Koch Pipeline Co. L.P., all in connection with the Rincon Bayou Diversion Pipeline Project. ISSUE: The City is working closely with the Texas Commission on Environmental Quality (TCEQ) on implementing an on-going monitoring and assessment program which will include a management program for additional inflows into the Nueces Estuary through the Rincon Bayou. These additional inflows will be provided via the Rincon Bayou Diversion Pipeline Project. The project consists of constructing 10,200 linear feet of pipeline, a new pump station, a discharge structure, and the removal and replacement of a deteriorated 168 foot bridge across Hondo Creek. The San Patricio Municipal Water District (SPMWD) operates a pumping plant on the Nueces River and also has a sixty (60) foot right of way and waterline easement to their plant which crosses Koch's property. The City would like to enter into an agreement with the SPMWD for perpetual use of their road and bridge. An agreement has been drafted and agreed upon by both parties which contains terms and provisions for shared costs of construction for the new bridge and for future maintenance costs of the road. City Council approval is required to enter into Interlocal Government Agreements. FUNDING: None required. RECOMMENDATION: Approval of the resolution as presented. / 1;4~~ ~ngel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Prior Council Action Exhibit C. Bridge Construction Agreement Summary Exhibit D. Road Maintenance Agreement Summary Exhibit E. Project Location Map H:\HOME\EUSEBIOG\GEN\Agenda Items\Rincon Bayou Pipeline Diversion.lnterlocal Agr..SPMWD\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Rincon Bayou Diversion Pipeline (Project #8416) Interlocal Government Agreements with San Patricio Municipal Water District (SPMWD) PRIOR COUNCIL ACTION: See attached Exhibit B. FUTURE COUNCIL ACTION: Additional Council action may be required for change orders that might arise from the construction contract in connection with the pipeline and bridge construction. OVERVIEW: This project consists of 10,200 linear feet of pipeline, a new pump station, a discharge structure, and removal and replacement of a deteriorated 168 foot bridge on Hondo Creek. The project is designed to enhance the environmental health and biological productivity of the Rincon Delta, Nueces and Corpus Christi Bays. The project is required as part of the revised reservoir operating plan approved by the Texas Commission on Environmental Quality (TCEQ) which reduced mandatory reservoir releases. A construction contract was awarded to Ramos Industries, Inc. on October 25,2005 for construction of the bridge, waterline and pumping plant. A Notice to Proceed has been given to the contractor who is currently mobilizing for the project. In preparation for construction of the pumping plant, the City must reconstruct a bridge across Hondo Creek. The City is to receive an Access Easement from Koch Pipeline Co. LP which will grant permanent access in the form of an perpetual access easement. The City then proposes to enter into two (2) Interlocal Government Agreements whereby the City will share 40.27% of the total costs for reconstruction of the bridge and 50% of the annual maintenance costs of the SPMWD road. The total cost of the Hondo Bridge construction amounts to $741,341 of which SPMWD is responsible for 59.73% or $442,802.98. This amount will be reimbursed to the City for application to the entire pipeline project. EXHIBIT A PRIOR COUNCIL ACTION 1 April. 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of $258,000). 2. January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1,1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94-051). 4. September 26. 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95-284). 5. October 15.1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A&M University- Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332) 6. November 19. 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348). 7. April 8. 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20-foot wide road for the purpose of constructing and operating a dispersal facility (M97-73). 8. April 8. 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24. 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M98-398); b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and EXHIBIT B 1 of 4 c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98-400). 10. September 28.1999. Award of Amendment NO.1 for consulting services: a. in the amount of $55.500 with the Center for Coastal Studies (CCS) for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99-337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99-339). 11. October 10. 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000-360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86.286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000-361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000-362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363). 13. March 13.2001 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re-Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001-106). 14. Julv 17. 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project - Nueces Overflow Channel (M2001-273). 15. October 23. 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer EXHIBIT B 20f4 Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001-402). 16 November 13.2001 - a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001-421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001-422). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001-423). 17. June 25. 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project. (M2002-179) 18. November 19. 2002 - Motion authorizing the City Manager of his designee to execute Amendment NO.1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological services associated with the Rincon Bayou Diversion Project. (M2002-398) 19. May 13. 2003 - Resolution recognizing the public necessity of acquiring waterline, surface site and construction easements for the Rincon Bayou Diversion Pipeline, Project # 8416, for a water pipeline and pumping station in connection with the project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. (Resolution No. 025283) 20. September 14. 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement, Surface Site Easement, and Access Easement instrument with R. Bryan Gulley, for Parcels 1A,1 B, 1 C, and 1 D, in the total amount of $85,000, necessary for the Rincon Bayou Diversion Pipeline, Project #8416, and for other municipal purposes. (Motion No. M2004-351) 21. March 8. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.7 to the engineering services contract with HDR Engineering, Inc. in the amount of $292,840 for the Rincon Channel Pipeline Project. Motion authorizing the City Manager, or his designee, to execute Amendment NO.7 to the engineering services contract with HDR Engineering, Inc. in the amount of $292,840 for the Rincon Channel Pipeline Project. EXHIBIT B 30f4 22. March 29. 2005 - Ordinance adopting and appropriating the FY2005 Capital Budget and Capital Improvement Guide - Ord. #026188. 23. October 25,2005- a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $7,223,581.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project (Base Bid #3). (Motion No. 2005-374) b. Motion authorizing the City Manager, or his designee, to execute a project management/inspection contract with Anderson Group Construction Management, Inc. of Corpus Christi, Texas in the amount of $65,490.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project. (Motion No. 2005-375) c. Motion authorizing the City Manager, or his designee, to execute a construction materials engineering laboratory's inspection and materials testing services contract with Kleinfelder , Inc. of Corpus Christi, Texas in the amount of $32,270.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project. (Motion No. 2005-376) H:\HOME\EUSEBIOG\GEN\Agenda Items\Rincon Bayou Pipeline Diversion.CBBEP\Prior Council Action.doc EXHIBIT B 4of4 SUMMARY OF INTERLOCAL GOVERNMENT AGREEMENT BRIDGE CONSTRUCTION This Interlocal Government Agreement is entered into by the City of Corpus Christi ("City") and San Patricio Municipal Water District ("District"). The City and the District agree as follows: 1.01 Definition of Terms: 1) Construction Cost 2) Project. 2.01 Ownership of the Proiect: The District is currently the owner of the improvements located within the easements and will remain the owner after completion of the project. 3.01 Payment: The City will be the primary contractor to design, contract for, and build a bridge across Hondo Creek. 3.02 Costs: The cost of engineering design, testing, construction and all other costs directly related to the work will be split between the parties with the City paying 40.27% and the District paying 59.73%. 3.02 Remedies Upon Default: If either party defaults under the Contract, the party claiming default shall give the other party written notice which specifies the nature of the default and the remedy required. The defaulting party has 60 days to cure default. If the defaulting party does not cure default, the party claiming default may seek any remedy available at law or equity. 3.02 Payments from current revenues: All payments made under this contract shall be made from current revenues available to the District or the City. 3.02 Fair Compensation: The payments made under this contract fairly compensate the party providing the function or service. 4.01 Compliance with Federal, State and Local laws: The contract is subject to all applicable Federal and State laws, and any applicable permits, approvals, ordinances, rules, orders and regulations of any local, state, or Federal government authority having or asserting jurisdiction. 5.01 Force Maieure: If by reason of force majeure, any party that shall be rendered unable to wholly or in part carry out its obligations under this contract, shall give notice of full particulars of such force majeure to the other party within a reasonable time after occurrence of the event or cause. The obligation of the party giving notice shall be suspended during the continuance ofthe inability then claimed, but for no longer period. Then the subject party giving notice shall endeavor to remove or overcome such inability with all reasonable dispatch. 6.01 Default: The contract is not intended to specify an exclusive remedy for any default, but all such remedies existing at law may be availed by any party and shall be cumulative. EXHIBIT C 7.01 Point of Contact: Each party will designate an employee for giving notice and communicating all matters concerning this contract. 8.01 Term: The contract shall be in full force and effect as set forth in Section 9.07 and shall be automatically renewed annually unless canceled by either party by giving at least one (1) year advance written notice to the other party. 9.02 No Third Party Beneficiaries: This contract shall inure only to the benefit of the parties mentioned and third persons not privy shall not be considered third party beneficiaries to this contract. 9.03 Severability: The provisions of this contract are severable. 9.04 Notice: Notices are to be provided to the other party by hand delivery or via U.S. Postal Service to the parties stipulated in the contract. San Patricio Municipal Water District and the City of Corpus Christi, Texas. 9.05 Good Faith: Each of the parties to the contract are obligated to use good faith in perfoming its obligations under this contract. 9.06 Texas Law to Apply: This contract shall be construed under and in accordance with the laws of the State of Texas. The venue to any disputes arising shall be in a court of competent jurisdiction in San Patricio County, Texas. 9,07 Effective Date: The effective date shall be the date on which the last party signs the contract. EXHIBIT C SUMMARY OF INTERLOCAL GOVERNMENT AGREEMENT ROAD AND BRIDGE MAINTENANCE This Interlocal Government Agreement is entered into by the City of Corpus Christi ("City") and San Patricio Municipal Water District ("District"). The City and the District agree as follows: 1.01 Definition of Terms: 1) Maintenance and Improvement expenses, 2) Project. 2.01 Ownership of the Proiect: The District is currently the owner of the improvements located within the easements and will remain the owner after completion of the project. 3.01 Payment: On an annual basis, the District will estimate the total cost of maintenance and improvement expenses of the project for the following twelve months. These annual expenses will be shared one-half by the City and one-half by the District.. The estimated annual expenses due from the City shall be divided by 12 and billed on a monthly basis. Annually the District will reconcile the estimated annual expenses with the actual expenses for the prior year and if the annual expenses have been over-estimated, give credit to the City for any overpayment. If the annual expenses have been underestimated, the City shall increase its subsequent payments by one-twelfth of the gross underpayment. 3.02 Payments Due: All payments due from the City shall be made between the first and tenth of each month. Any failure of the City to pay the monthly amount within 60 days is considered a default. 3.02 Remedies Upon Default: If either party defaults under the Contract, the party claiming default shall give the other party written notice which specifies the nature of the default and the remedy required. The defaulting party has 60 days to cure default. If the defaulting party does not cure default, the party claiming default may seek any remedy available at law or equity. 3.02 Payments from current revenues: All payments made under this contract shall be made from current revenues available to the City. 3.05 Fair Compensation: The payments made under this contract fairly compensate the party providing the function or service. 4.01 Operation of Proiect: The District will continuously operate and maintain the Project. 4.02 The Proiect: Any obligations on the part of the District to operate and maintain the Project shall be 1) conditioned upon the District's ability to obtain the necessary permits, labor, material and equipment and 2) subject to all present and future valid laws, orders, rules and regulations of the USA, State of Texas, and any regulatory body having jurisdiction. EXHIBIT 0 5.01 Compliance with Federal. State and Local Laws: The contract is subject to all applicable Federal and State laws, and any applicable permits, approvals, ordinances, rules, orders and regulations of any local, state, or Federal government authority having or asserting jurisdiction. 6.01 Force Maieure: If by reason of force majeure, any party that shall be rendered unable to wholly or in part carry out its obligations under this contract, shall give notice of full particulars of such force majeure to the other party within a reasonable time after occurrence of the event or cause. The obligation of the party giving notice shall be suspended during the continuance of the inability then claimed, but for no longer period. Then the subject party giving notice shall endeavor to remove or overcome such inability with all reasonable dispatch. 7.01 Default: The contract is not intended to specify an exclusive remedy for any default, but all such remedies existing at law may be availed by any party and shall be cumulative. 8.01 Point of Contact: Each party will designate an employee for giving notice and communicating all matters concerning this contract. 9.01 Term: The contract shall be in full force and effect as set forth in Section 9.07 and shall be automatit;ally renewed annually unless canceled by either party by giving at least one (1) year advance written notice to the other party. 10.01 Entire Aqreement: This contract constitutes the entire agreement between the parties and supersedes all prior understandings or representations whether oral or written. 10.02 No Third Party Beneficiaries: This contract shall inure only to the benefit of the parties mentioned and third persons not privy shall not be considered third party beneficiaries to this contract. 10.03 Severability: The provisions of this contract are severable. 10.04 Notice: Notices are to be provided to the other party by hand delivery or via U.S. Postal Service to the parties stipulated in the contract between the San Patricio Municipal Water District and the City of Corpus Christi, Texas. 10.04 Good Faith: Each of the parties to the contract are obligated to use good faith in perfoming its obligations under this contract. 10.06 Texas Law to Apply: This contract shall be construed under and in accordance with the laws of the State of Texas. The venue to any disputes arising shall be in a court of competent jurisdiction in San Patricio County, Texas. 10.07 Effective Date: The effective date shall be the date on which the last party signs the contract. EXHIBIT D . R. Bryan Gulley, et al '3637 ac. Rincon ~t$ NUECES COUNTY SAN P ATRIClO cotr1'l'TY ParcellC - .717 ac. Pumping Plant Site City Connell Exhibit Department of Engineering Services Rincon Bayou Diversion Pipeline (Project #8416) 60 FT. SPMWD ROAD ~Qqd D~ Property & Land Acq. Div. EXHIBIT E City of Corpus Phristit Texas Date: 05-06-03 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE TWO INTERLOCAL GOVERNMENT AGREEMENTS WITH THE SAN PATRICIO MUNICIPAL WATER DISTRICT FOR CONSTRUCTION AND MAINTENANCE OF A NEW BRIDGE CROSSING HONDO CREEK AND FOR MAINTENANCE OF A 60-FOOT WIDE ROAD TO THE CITY'S PROPOSED WATER PUMPING PLANT, BOTH PENDING ACQUISITION OF AN ACCESS EASEMENT FROM KOCH PIPELINE CO. L.P., ALL IN CONNECTION WITH THE RINCON BAYOU DIVERSION PIPELINE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the two Interlocal Government Agreements, in compliance with Chapter 791 of the Government Code, with the San Patricio Municipal Water District for the construction and maintenance of a new bridge crossing Hondo Creek and for maintenance of a 60-foot wide road to the City's proposed water pumping plant, both pending acquisition of an access easement from Koch Pipeline Co. L.P., all in connection with the Rincon Bayou Diversion Pipeline Project. ATTEST: THE CITY OF CORPUS CHRISTI Annando Chapa City Secretary APPROVED: i(,-~k II" 2005. JOSePh~Y(~/ Assistant City Attorney For City Attorney Henry Garrett Mayor Resol-lntAg-SPMWD.doc 2 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 Resol-lntAg-SPMWD.doc 17 AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Mr. Wayne Vann, President of the Navy-Army Credit Union, (Developer), in the amount of $47,721.85 for the installation of public water lines to serve Cullen Place, Blocks B-2A, B-2B, and B-2C located east of Airline Road and south of Alameda Street, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. (b) . ISSUE: Mr. Juan Pimentel, P.E., with L.N.v. Engineering, on behalf of Mr. Wayne Vann, President of Navy-Army Credit Union, developer of Cullen Place, Blocks B-2A, B-2B and B- 2C submitted deferment agreement documentation to defer the construction of off-site water lines public improvements to serve Cullen Place, Blocks B-2A, B-2B, and B-2C in accordance with Platting Ordinance Section V-Required improvements, Subsection A.3 (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Deferment Agreement with Mr. Wayne Vann, President of Navy-Army Credit Union (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. ~.P. Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Location Map Cost Estimates Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Cullen Place, 810cks 8-2A, 8-2B, and B- 2C, located east of Airline Road and south of Alameda Street, (Exhibit B) required the construction of off-site water lines public improvements. Mr. Juan A. Pimentel, P.E., with L.N.V. Engineering on behalf of the owner, Mr. Wayne Vann, President of Navy-Army Credit Union, has submitted Deferment Agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission on its August 10, 2005 meeting approved the plat for Cullen Place, Blocks 8-2A, 8-28 and B-2C. The Planning Commission at its December 14, 2005 meeting recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements in order to expedite the recordation of the plat. The developer agreed to deposit $47,721.85 in the form of a cashier's check, amount which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3 (b). (1). A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Mr. Wayne Vann, President of Navy-Army Credit Union will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. The deferment of said improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Cullen Place. Construction plans for the installation of the public improvements have been reviewed and approved by the City prior to executing the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A ~ CCIA ~ IOlES ~ N ",-0 ~ ~ PROJECT LOCATION: CUlLEN PLACE - BLOCK B2 o HE CORNER OF THE IINTERSEC1lON OF A1RUNE & LB_~rAD~~~~_~ LOCATION MAP I.NV ENGINEERING ENGINEERS & CONSULTANTS CML * STRUCTURAL * TRANSPORTATION * SURVEYING * MARINE * CONSTRUCTION MANAGEMENT 801 NAVIGAnON, SUITE 300 CORPUS CHRISTI, TEJGo\S 78408 PH. (361) 883-1984 FAX (361) 883-1986 WNW.LNVINC.COM CITY OF CORPUS CHRISTI CULLEN PLACE, BLOCK 8-2B WATERLINE EXTENSION ~ & s EXHIBIT B CULLEN PLACE WATER EXTENSION PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST December 8, 2005 Belmeade Street Waterline ExtensIOn Item Description Units Quantity Unit Cost Total Cost I 8" PYC Water Line LF 257 $35.00 $8,995.00 ---~-- - ., Fire Hydrant Assembly EA I $3,000.00 $3,000.00 -_.~ ~-,---- 3 8" x 6" Reducer EA 1 $500.00 $500.00 -'-'.- 4 8" 22.5 Deg. Bend EA 1 $350.00 $350.00 -_....- ~----~ 5 8" 90 Deg. Bend EA 1 $375.00 $375.00 -_. 6 8" Plug EA I $250.00 $250.00 ~_.._.- .'.--. ,.--.-..--.,--- 7 8" X 8" Cross EA 1 $650.00 $650.00 _.~_. ------. 8 8" Gate Valve w/Box EA I $1,500.00 $1,500.00 .-.-..,- 9 6" x 6" Tapping Sleeve & Valve EA I $2,500.00 $2,500.00 10 Tie-In to Existing 8" Waterline EA 1 $2,000.00 $2,000.00 -- II Removal of Existing; 8" Waterline LF 20 $16.00 $320.00 --- 12 Grout Fill Existing 8" Waterline LF 165 $18.00 $2,970.00 Water Extension Sub-Total: $23,410.00 Airline Road Waterline Extension I 6" PVC Water Line LF 55 $25.00 $1,375.00 2 Fire Hydrant Assembly EA 1 $3,000.00 $3,000.00 -~.- ._-"---- 3 6" Plug EA 1 $200.00 $200.00 - - "--_.- ---.--- -.-....- -_.~_._-- 4 6" X 6" Tee EA 2 $500.00 $1,000.00 1---___ ------- 5 6" Gate Valve w/Box EA 2 $1,500.00 $3,000.00 r---_. 6 Tie-In to Existing 6" Waterline EA 1 $2,000.00 $2,000.00 Water Extension Sub-Total: $10,575.00 Water Extension Sub-Total: Contingency @ 10% Sub- Total $33,985.00 $3,398.50 $37,383.50 Engineering Fees: $6,000.00 Grand Total: $43,383.50 Required Deferment @ 110% $47,721.85 Page 1 of 1 EXHIBIT C DEFERMENT AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This Agreement is entered into between the City of Corpus Christi ("City") and Wayne Vann, President of Navy-Army Credit Union, (Developer), and pertains to deferral of the improvements required prior to filing the final plat of Cullen Place, Blocks B-2A, B-2B, and B- 2C, which was approved by Planning Commission on August 10, 2005 a copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required off-site public improvements, including construction of water lines, Exhibit 2, before the final plat is signed by the City's Director of Engineering. Detail construction drawings will be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer will deposit the sum of forty seven thousand, seven hundred and twenty one dollars and eighty five cents ($47,721.85) which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "3", with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, and Subparagraph 3. (b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required water lines public improvements, for up to twelve (12) months from the date of this Deferment Agreement. DeferAgreefinaLdoc EXHIBIT D 2 The Developer agrees to deposit forty seven thousand, seven hundred and twenty one dollars and eighty five cents ($47,721.85) cashiers check, with the CITY OF CORPUS CHRISTI, which is 110% of the estimated cost of constructing the required improvements, on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement is signed and approved it shall become null and VOid. 3 The Developer agrees to construct the required improvements, including construction public water lines to serve Cullen Place, Blocks B-2A, B-2B, and B-2C in accordance with the City's engineering standards in effect at the time of construction. 4. The principal amount of forty seven thousand, seven hundred and twenty one dollars and eighty five cents ($47,721.85), shall be placed by the City in an interest-bearing account and the total sum, both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. 5. Upon completion of the deferred improvements, including the construction of public water lines to serve Cullen Place, Blocks B-2A, B-2B, and B-2C , by December 20, 2006, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Mr. Wayne Vann, President Navy-Army Credit Union 5725 Sphon Drive Corpus Christi, Texas 78414 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. 6 If the deferred improvements, have not been completed by December 20, 2006 or if the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the deferred public water line improvements, to serve Cullen Place, Blocks 8-2A, 8-28, and 8-2C with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the improvements, the Developer agrees to reimburse the City for any additional cost of the improvements, if the sum of money and interest prove inadequate to DeferAgreefinal. doc complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. 7. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the deferred improvements, including construction of public water lines, with related infrastructure the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 8. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. 9 The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. 11 . The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. DeferAgreefinaldoc 15, The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto (Exhibit 4). 16 This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. EXECUTE D in triplicate this / 3 day of J C0Y\h.t IL ,2005. Wayne Vann, President Navy-Army Credit Union 5725 Spohn Drive Corpus Christi, Texas 78414. By: Wayne Navy- STATE OF TEXAS 9 9 COUNTY OF NUECES 9 tk. This instrument was acknowledged before me on the /5 day of Wayne Vann, President Navy-Army Credit Union. ~ ,2005, by EXAS Sol DB.EON MY COMMISSION EXPIRES December 11, 'J!I11 DeferAgreefinal.doc EXECUTED in triplicate this ~ day of ~ey-, 2005. Sarah O'Brien, Executive Vice President Navy-Army Credit Union 5725 Spohn Drive Corpus Christi, Texas 78414. ~~~ Sarah O'Brien, Executive Vice President Navy-Army Credit Union STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on the ~day of ~ Sarah O'Brien, Executive Vice President Navy-Army Credit Union. ,2005, by "I- ~Cf8~'fj~\ t; .k! ........ ;m:; S.L DB.EON MY COMMISSION EXPIRES DecllINler 11, 'l!XJ7 DeferAgreefinal.doc CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 AITEST: By: ARMANDO CHAPA, City Secretary By: George K. Noe City Manager THE STATE OF TEXAS S S COUNTY OF NUECES S This instrument was acknowledged before me on the day of 2005, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This I r day of ~!~ ,2005. By ~ {Ib. / Joseph rney ~ Assistan City Attorney For City Attorney DeferAgreefinal.doc / {/ ij~<~ I, . ./.. ...tl:: !l;~. .L~ . ~ liJI ~...=r.~ ~ 'oon; - z o ~ o o ..J i i f ~ t l~ ~I j t ~j t II tit .5l il'l< , j t~if 41 1;.11' ~ If r' f i e I lj 1..1 I ~~ i~ ~f~ ~ P ~~ If~ II~! if ~i If 'I' " I' ~I t)u ~~ fu It n -- --------- J' )J ! ~d I "J " J ~,ill 1~Ii{f I:~r: I!!jl ~tli! .j H t"jl J kjk'JI 'llit~ ' ~ l~llJt 1 ~Il (1.1 I l!;l!; I~,ff I!!~ III : tr;~ ~I~d , ,Aft jiij . { litl Ifll!l ld U .~U 0; I! iJ~11 ~!jl~ ~ j!~l~ ~::> "dl ~: aldJ~ l!;o 1.1 I!!~ i!tf ~ ~8 llh , . ....11: ii W .ftl. t of h::,1 ..;. '". 1:1 . J ]g~li I .l~r '''I ~ 11 ttj ~"~ III ~ i ~jl.ll ,": ,. f.! X ~ IIrll ~ tll 1 ~ l;l IUI" ~~ 11:1:l~~! ~; i:IJI1" o~ tln'i i ~I ~t~J' ~, ~ I!! J' "~ _ I , ~8 j~Jt, I;' ,,~ !fhli, J z ~ ~~ I ~~ II~ "-~------"_. ! : I I i I I ~ i I e I' I f ~~ ~i t . l!;~ b I ! ~s h I II tiS II , ~ 1<< II I, I I 9 ~a 1 ! !~ ili ! ~::> lu' ~ 1;;8 boN , ~ j j . lliGI. lit Ulinli ~H !n!~ ~ ~ .. . I.'~ q ~ cri~-'W~~ d d --' e :i>=i i i - f-- .... ;_ W u.. II ~ 0 (f)~~i; ~ ~ ~ ~ == ~ ~ Q ('l I ID . ~ ~ ~; ai loJ ~ ~ i ~ ~ 5 ~~ m.J 0 ~f OJ · ~a..e ~~ I z:> 'I iDW Z ..... ~:J~ ;;. o::>~ U go 0 <i ID ~ h ~ ~ 0( o ~ Q. <( c~ ! ffi in~ au uJI ! :;11 c>> "U'r .....2: 181 liDg ::- 3 EXHIBIT 1 PROPOSED SS L.F. 'F 8" pye WATER LINE J; o ci ~ BLOCK A- 1 1.444 N:IIES (02,J1I SQ. n.) ___PC." .. J! /11.. ;r~~ ~~~ ./tf~ --.. f/'~ 5 1 'UL ~ N GRAPHIC SCALE: I . O' 200 I 400" "# r( ~ PROPOSED 145 L.F. OF 8" pve WATER LINE PROPOSED 112 L.F. OF 8" pye WATER LINE CITY OF CORPUS CHRISTI CULLEN PLACE, 8LOCK 8-28 WATERLINE EXTENSION EXHIBIT" 2 CULLEN PLACE WATER EXTENSION PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST December 8, 2005 Belmeade Street Waterline Extension Item Description Units Quantity Unit Cost Total Cost I 8" pve Water Line LF 257 $35.00 $8,995.00 2 Fire Hydrant Assembly EA I $3,000.00 $3,000.00 I-~ ~~ 3 8" x 6" Reducer EA 1 $500.00 $500.00 -- -..----..-.--.-- _..,-------- 4 8" 22.5 Deg. Bend EA 1 $350.00 $350.00 -_.~ -"_'---'~._'-- ~ 8" 90 Deg. Bend EA 1 $375.00 $375.00 _.~~. .--.- 6 8" Plug EA 1 $250.00 $250.00 _. ..-_. .., 8" X 8" Cross EA I $650.00 $650.00 i -... ---- 8 8" Gate Valve w/Box EA I $1,500.00 $1,500.00 --. 9 6" x 6" Taooifill Sleeve & Valve EA I $2,500.00 $2,500.00 10 Tie-In to Existing 8" Waterline EA I $2,000.00 $2,000.00 II Removal ofExistinl!: 8" Waterline LF 20 $16.00 $320.00 12 Grout Fill Existing 8" Waterline LF 165 $18.00 $2,970.00 Water Extension Sub-Total: $23,410.00 Airline Road Waterline Extension ~ 6" pve Water Line LF 55 $25.00 $1,375.00 " Fire Hydrant Assembly EA I $3,000.00 $3,000.00 <. f--- $200.00 3 6" Plug EA 1 $200.00 1--. 4 6" X 6" Tee EA 2 $500.00 $1,000.00 5 6" Gate Valve w/Box EA 2 $1,500.00 $3,000.00 6 Tie-In to Existing 6" Waterline EA I $2,000.00 $2,000.00 Water Extension Sub-Total: $10,575.00 Water Extension Sub-Total: Contingency @ 10% Sub-Total $33,985.00 $3,398.50 $37,383.50 Engineering Fees: $6,000.00 Grand Total: $43,383.50 Required Deferment @ 110% $47,721.85 Page 1 of 1 EXHIBIT 3 #:~ ~1 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 City to :;:V:::~=IIOV>1tU:;~A:t!ZJ~est;on~~st be answe'ed. If theq~eStl:iS~~t.~~';~~e.,~~:e'.~;~.~".. STREET ... {'?:t.:?...~~.Gc .. ..... CITY,~>.,Q,""~m.... ZIP, .?~~l1.. FIRM is: 1 Corporation tL 2. Partnership 0 3. Sole Owner 0 4. Association 0 5 Other 0 "" .........,. ..............,.... ,................................................................................. 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 Christl having an "ownership Interest" constituting 30/. or more of the ownership in the above named "firm". Job Title and City Department (if known) ~~"[A ..........,...._...4....... ...... . .. . . .. . . . " .. . .. .. .. . . ....... . - ...... ~""" .................... .............. ......... 0......... ..... . . . . ..... ~ ........ ... .......... ....................-... ............. . .............. ............. .......... '~'~'~.''''''. ..... 'W". .... "W~.~ ..e...... ..W.... ............... ...... ~ 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". N~t ...... . ............ ..... HH - . . ." ................... -. ..... ~. . .. .... . . .. . . . . . .... . . . .. .. .. . ... .. ....... ...... ...... . . . .. . . . . . . ......e."..... ...W........'. ..............._................. ............-... ............-..........................-...........-.....e_..e4.........................e....e 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". ~1AmH .... ~~d Com"""~no'~m;tt:mHH..HH.HHH.HHHHH ""'0.'.'. .... .......... ...., .._._....... ....... . .. ."'. . .......................................,....................................e...................e................. 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". ";;7JHH ..'HH Consultant . ..............................................................e............................ ......e..... ,.., ...................................................._...e...........e._....................e CERTIFICATE e date of this statement, that I have not knOWingly withheld emental statements will be promptly submitted to the City of ....r.~~e..Ha.'k)6VP<i,;f~!/~. Date: " ... ............ ....:..~~~................... ..... EXHIBIT + 18 AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Corpus Christi Housing Finance Corporation, (Developer), in the amount of $95,018.74 for the installation of public water lines to serve West Park Addition Lots 2 and 3 located west of McBride Lane and north of Hampshire Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). ISSUE: Mr. Murray F. Hudson, P.E., with Urban Engineering, on behalf of Corpus Christi Housing Finance Corporation, developer of West park Addition Lot 2 and 3 submitted deferment agreement documentation to defer the construction of off-site, water lines public improvements to serve West Park Addition Lots 2 and 3 in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3 (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Deferment Agreement with Corpus Christi Housing Finance Corporation (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. ~ A.I.C.P. Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Public Water Line-Deferred Improvements Cost Estimates Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of West Park Addition Lots 2 and 3 located west of McBride Lane and north of Hampshire Road, (Exhibit B) required the construction of off-site water line public improvements along Interstate Highway 37 access Road. Corpus Christi Housing Finance Corporation, developer of West Park Addition Lots 2 & 3 has submitted Deferment Agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission on its September 7,2005 meeting approved the plat for the West Park Addition, Lots 2 and 3. The Planning Commission at its December 14, 2005 meeting recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. The developer agreed to deposit $95,018.74 the form of a bond, amount which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3. (b). (1). A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Corpus Christi Housing Finance Corporation, will allow the developer to defer the construction of required improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. The deferment of said improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop the West Park Addition. Construction plans for the installation of the public improvements have been reviewed and approved by the City prior to executing the Deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A I I i \ \ LI '~SAN 0 .~ SABA i5 !. ~ --l<~ ANO 8 ~...SON ~ D Mobil'! 0 ~' 0 Por\. ~ "'- .. ... S- 11"( I 0.. cr HQf!IZOl~\ -- IRSTR(AM l ..,A\oIPSHIRl r..f"! -'- ~I ~f- -v..LL '<,-- \ >- --' -' --' w w II> II> w 0.. ~ 0 :::; 0: <( I/l U II> v u " SUN ::2 S1((L eUT LOCATION MAP N.T.S. o a: o u- w a: w :I: EXHIBIT B GO !I% ~~ : ~ I -i . I r:! ~ :I I'~ aG:: \&.~ g:e i~ lid:::; G:: e~ ~~ II I f I Ii I Ii ii I I II !. I it III.IIIIIIIII! IIUiS"1 fl! {/- / - _ --- - : - ~ II hll.hh ..lhl.IIG ill ! il;:!- ~~ ~ ,ql'.'!^jm :111;:08 l~ i . ':-. ! !lll!~llil'II~;1 ~ fll.ill ; . II: · .11- I'-I! I I. ; II I .I~I · :111 i lili 1.lii lb. !.II I~ 11-11111 !~lltl:ilil!;!! I~III .- :.' 1IIIi1il.II'i" .;!:I.i'lIlililillltilllli;l!I.Ii;1 ~ ~ ~ 4 ~ 4 ~ 4 4' " ; J ..;.~ .r.i<Qo- "...;;. ~5 i... r~t.~if'..t,-t'" ~'?~ 'l'~ .J " :.:.,(11'4 (1'..... "fI , ''':''''" '<"" ...,...... ~ ,-'," ~ '<r; .'" \ ~...- PUBUC WA TERUNE DEFERMENT illIIVRBA I ~<DIIIII~~R= - -- -- -.-....- ......... _ on...... WEST PARK AODI1ION, LOTS 2 AND 3 --~ - .... - .... -- --- EXHIBIT'C- I Eng: Murph Hudson By:agr ESTIMATE FOR DISTRIBUTION WATERLINE for WEST PARK ADDITION Lots 2 and 3 SEPTEMBER 26, 2005 Job NO.18423.A5.01 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL - -,~---'-'--'---'~-----~'--"-- 10% PRICE COST A. Water Improvements ~. -".,,-_..__.,--_.,-,," ~; PVC C-900 1 ,310 1,441 LF $35.00 $50,435.00 -2 : Ffre Hydrant Complete In-Place-~-- 4 4 EA $2,669.00 $10,676.00 . 1'-'---'--- ~- -. $750.00 _L Tie toExisting line_____ 1 1 EA $750.00 4 18" Cap with 2" Blowott Valve and Ris~ -- --.- 1 1 LS $250.00 $250.00 .--- ~----- 5 90 DeQree D.I Bend 2 2 Ea $300.00 $600.00 6 I Deflection (Pipeline ---- ._~-~-_._... -.-.-- - - LS $10,000.00 $10,000.00 Easement)_______ 1 1 ---...-t---------- --"-- OFF-SITE WATER SUB-TOTAL: $72,711.00 -- -.------- ------- ~----- ~------ -.--- --_._--.- i "--'---'-""-- --_.__.__.~-_._-_..__...- ...-- --- -- CONTINGENCY@ 10% $7,271.10 .- -~---_.- _._~._._-- -- ------- --- -. ---- - --.......-.--- -- ------ .--~. --- --. -- ! SUB-TOTAL: $79,982.10 t'" .. -- +-----------.-..----.-+- 1 I ...--.-- ----. B. ENGINEERING AND ADMINISTATIVE COSTS: =r-.fEi!9!neer Fee @ 8.0% $6,398.568 -,------.-.-.------- -~ - - t- -- --.- -.-- --- ----- -~----_.._._--_.__..._- ------- -- SUB-TOTAL: $6,398.57 I ----- r- --.- .-.-...--. -..- -~--"- ---- -- L__ .--..- "----- _.u_ .._..n___ --- - ---- .1---- GRAND TOTAL: $86,380.67 -- -- --- - 1 -- .- -....--- ---. ---. --.-- - -.- +---- ... DEFERMENT 110% $95,018.74 REQUIRED at ---- -...-.--..-.----.- -----.---.-.--------- -.- -- - C--.___ ---- - ------_._.-._._.---~-~-_.. -.--- ___~__,.__.._n~ !--- .~-_..._-_.- -.-.-.-----.-- ----~_.- -- -~--_. .- -~-_._- --..--- --.- .---.- -..- --- 1----- ---- --- --.-.- _._-- --~.__._~ . -- - 1---- .--- - -.- ~~._.._-- --~._-_..._._------- - ".m -- -.-,------..-. --...-...- ----- , _...~..,..._. _..- -+- ._--_. "-'-- --- -..- -- ~._------ -- t-- - _._.__.__,__,___ __n_.___.__..__ ...____ - -_. .._..~._,- _.m --..---- -" -+------- _...._---~.._- ._'-'--'~--' ~ --- ----..- ___n_ t ----- --.-- _..__.--.._--~ ~_.._------ ---_.~ ----t - .-.-.------ ---.-- ---~ -_..~----- .----.- .- -----t.. - ------- --.- -.-.--.----.-..- --- -.--..----- ---- ~.__.._-_.- -. .--=---t=====-===------ -- ~ , +- - _..._.u_____._____ _._-_._--~_._. -- --- ---,._----,-.------ nn ~-- - ~---- -----.--.-.-....- - .-.-.------- --~ ----.---..--".,,-- - -t-- -----..-.--.-- _~,___ __'.__.n.____ _...__.____.._.__...._. ---- - .-..-. .+..- -----.-..----- ------- -.-.-- --~----- ".n ~----- 1 .. - t- ------ .._-------- -..- ~~~ i Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 EXHIBIT I DEFERMENT AGREEMENT STATE OF TEXAS 9 9 COUNTY OF NUECES 9 This Agreement is entered into between the City of Corpus Christy, Texas ("City") and Corpus Christi Housing Finance Corporation, ("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of West Park Addition Lots 2 and 3, which was approved by Planning Commission on September 7, 2005 a copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75%) of the required improvements, including construction of public water lines, as shown on Exhibit 1, copies of the approved engineering construction drawings, which are attached to and incorporated into this Agreement, before the final plat is endorsed by the City's Director of Engineering; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer will deposit the sum of ninety five thousand, and eighteen dollars and seventy four cents ($95,018.74), which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit 3, with the CITY OF CORPUS CHRISTI; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3. (b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: 1. The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is endorsed by the City's Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of the of public water lines, as shown in Exhibit 2, for up to twelve (12) months from the date of this Deferment Agreement. Deferment Agreement.doc 2. The Developer agrees to submit ninety five thousand, eighteen dollars and seventy four cents ($95,018.74) bond, with the CITY OF CORPUS CHRISTI, on or before the plat is filed with the County Clerk, and if the bond is not presented for deposit by that time this Agreement shall become null and void. 3. The Developer agrees to construct the required improvements, including construction of public water lines to serve West Park Addition Lots 2 and 3, in accordance with the City's engineering standards in effect at the time of constru ction. 4. The Developer shall post a corporate surety performance bond for ninety five thousand, eighteen dollars and seventy four cents ($95,018.74), issued by a surety acceptable to the City and approved by for 110% of the estimated cost of constructing the required improvements, as shown in Exhibit 3 which is attached to and incorporated into this agreement, with the City of Corpus Christi on or before the plat is filed with the County Clerk, and if the bond is not posted by that time this Agreement shall become null and void. The bond must be executed by the Developer, as principal, and by a corporate surety acceptable to the City, as obligee, and conditioned upon the Developer named in the bond faithfully complying with all of the provisions of this Agreement until the City has accepted the of public water lines. a. The bond shall secure the City against all costs, charges, and expenses related to the failure of the Developer to construct the public improvements, including the construction of the public water lines by the City or another developer, regardless of whether the city has incurred any costs. A bond issued under this provision must be valid for six (6) years or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, no less than thirty (30) days prior to the expiry of the then current bond. b. The bond must be renewed upon expiration, and proof of the renewal must be received by the City's Director of Engineering Services at least thirty (30) days prior to the bond's expiration. If no renewal is received, or cash or other approved substitute security provided, the City may, after ten (10) days prior written notice mailed to the Developer at the address listed in this Agreement, call the bond for failure to timely renew. c. If the bond is called for failure to timely renew, the money will be held in an account, as if cash had been posted in lieu of a bond. The City shall not be liable for any interest on any bond so called. d. To be acceptable to the City, the company issuing the bond must be: (1) Licensed in Texas. Deferment Agreement.doc (2) Authorized (certified) by the U.S. Department Of The Treasury Financial Management Service to give bonds to the Federal Government. (3) Approved by the City's Director of Financial Services. 5. Upon completion of the required improvements, including installation of public water lines, by December 20, 2006, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release bond to: Costa T arragona I, Ltd. C/o Matt Shoemacher Project Manager, The NRP Group, LLC. 5309 Transportation Boulevard Cleveland, Ohio 44125 and thereafter refund to the Developer within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. 6. If the required improvements, including construction of the of public water lines, have not been completed by December 20,2006, or if the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the required improvements, including construction of the public water lines, with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the improvements, the Developer agrees to reimburse the City for any additional cost of the improvements, if the sum of money and interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. 7. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the required improvements, including construction of the of public water lines, with related infrastructure improvements, the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. Defennent Agreement.doc 8. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. 9. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10. The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. 11 The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14 This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Defennent Agreement.doc Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto. 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and th,~r ~ective ~~cI~s~ and assigns. EXECUTED in triplicate this ~ day of ~ , 2005. Corpus Christi Housing Finance Corporation ("Developer") 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3220 By: ~_ G~r . Noe General Manager STATE OF TEXAS S S COUNTY OF NUECES S I I i1 "-' ~J~rt!m~n~~s acknowledged before me on the ~ ;ay of \ ~}U' , 2005, by Georae K. Noe, the General Manager of the Corpus Christi Housing Finance Corporation, a Texas~OUSing finance corporation. on behalf of said corporat~ V ~ NOTARY PUBLIC, STATE OF TEXAS it!!-' Connie Parks ~~~ir My Commission Expires "'~OF~ November 09, 2007 Deferment A.greement.doc CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: ARMANDO CHAPA, City Secretary By: George K. Noe City Manager THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 This instrument was acknowledged before me on the day of ,2005, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This /) day of ~ ,2005. By ~4= . Joseph rney ~ Assistant City Attorney For City Attorney Deferment Agreement.doc '11~ .Q Ilil .-::::: 1 --t... :g ~ --III ~ ~ ~ is J ~ ~ ~ --!I!I ~ c '__11__ ~-41~~ qJ --.. ~ ." mn!: EXHIBIT i~'", _ '" "'\" ~8" n' ~..-o:r-:~"1C-~ .~~ ~"--\O""'tnl"-ONr-- l!lN_mION"......-.:t a ... ~......... !i:1l~~~~~~~ 1......."'''''''-0:1''' .n_tC'lIt")f"")f'o,INI"') "'~b~;"!Ilb;" ~~~z~rA&1~ , ... I 3 ~ ~ :J ~l'3 ~ ~ '3 - ~.--- - f ~ i · ig9J I ill f~f liH f J l~ ~I ~ I! t 1 ,. i ~~1 J J '.'. lBI 'I H1Uj! g~ i~ nt!lJ ~~ ~~ ~l{ ~ I 11 II I )1 If! ; I H~ !if fiJ ~Hf ::-ri ;;- 4 :r ~ ~ III "'1111 ~Z ~~.~ ~~ ~~~~ ~ ~~ > ~ ft I j~ ~ ~ 8 ! ! /:.....~ 'J'l. > 1.- ,--." 0<':' <\ ,:^ \, -/)Jtt ...;/) o~oo.>S).~ ,. . ''''.."" ""'''~fJl~''' " ' ..... 4~ ;; ." J'~ ,p'" ~, '.. to EXHIBIT 2 -, ..... .. .. Ililll:15!iIII~illlllillC:!III~i:~ l!iYd~illll II!I.. tJr.1111 ~ii!I!!~~ iM ~I.IH' I !II. ,1.11 ~III 1111- I 1,1. I .~ll ...1111 ...1 I .. 1_'1 I .S ; Iii ! i.:~ l~iill i II lill : - I. ii I!II Illp'i -llIlil;., I Ii ,I 'I. ~ I I .. L1 :::r a en Cb ~) @ .i!illllu~~t,Jr..IU*l , ! i I i I ~ 11 f;i " II~ ellllllllllll 11111111 ;1111 i; ~ II!~ in I 11111 III III I I filii Ii -! II I I! iHi.1 L1 :::r a en Cb gc: zCl c o~ ::o::OQ-l a~aCl~ ~"'IIIAl~ ~~~~~ ~g~~~ ON::O Zz8C~ . 0- Or'] I' UI::!:s . ...,~ Or'] I ~{T1 z~ ID QI IC<U. NIt -Il,/'1o' -""' ~ ocr._ EXHIBIT ~ Eng Murph Hudson By:agr EXHIBIT 3 SEPTEMBER 26, 2005 Job No.18423.A5.01 ESTIMATE FOR DISTRIBUTION WATERLINE for WEST PARK ADDITION Lots 2 and 3 !~~~ n~_ DESCRIPTION ____ A. Water Improvements __~______ __. 1-. 1 8" PVC C-900_ 1,310 1,441 LF $35.00 2 Fire Hydrant Complete In-Place____. t.-.-ii--- 4 EA $2,669.00 3 Tie to Existing Line . 1 1 EA $750.00 '4' 8" Cap with 2" Blowott Valve and Riser~~=+==_== 1 ,--- 1 LS $250.00 5 90 Degree 0.1 Bend 2 2 Ea $300.00 6 q~J1e..9~ion~ipeline Easerl]ent) ___on ____~___1 1 LS $10,000.00 OFF-SITE WATER SUB-TOTAL: QUAN. QUAN. + UNIT 10% UNIT PRICE : J 1--- I B. ENGINEERING AND ADMINISTATIVE COSTS: ___1 Engineer Fee @ 8.0% ____. I ------t- CONTINGENCY @ 10% ._ __________ _ _ _n_ ___.._ SUB-TOTAL: ------ I SUB-TOTAL: - . -+ t t I.. --t- ----------- ...- + -- -.....---.---.--.- -.-.---.. ~---t -. ~-= =~==~~=======~~- __no ~--- . +- .-. - -.----------- -- --- -t '-.- -- . - .----.. .- -- - -. --- --... ;=+~= --------- :-l. = 1 14- -- ~". .-J.....- -- ~---.. '-'-.---..- -.--. ..- .-1....-_.~ -- .n' -----...- -_ --___. ". ..i-..... ..- ---._- - --..-.... --.- --. .,,- L__---L-_._ GRAND TOTAL: ----- --~--_.__.- '--- -. REQUIRED DEFERMENT at 110% .~ -4-----. =-i~~~ ...-= ....... ~~.k~-..--- ---.----..- ---....+ --------~._+----_. - -+-..----- --- -.- -.-. -. f -~..- ....j--. --~ -i-----f-.- . - -- +._----~_..._.. -......-----.---------..--- .-. j --- -+--.------1- (--- .+.---..----- I r-"'- -: Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 TOTAL COST $50,435.00 $10,676.00 $750.00 $250.00 $600.00 $10,000.00 $72,711.00 $7,271.10 $79,982.10 $6,398.568 $6,398.57 $86,380.67 $95,018.74 1 of 1 EXHIBIT 3 ~ ~ EXHIBIT 4 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 City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRST NAME: CORPUS CHRISTI HOUSING FINANCE CORPORATION STREET 1201 Leopard Street CITY: Corpus Christi, TX ZIP: 78401 FIRM IS 01 Corporation 02 Partnership 03. Sole Owner 04. Association 05. 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) None (nonprofit entity) 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 None (nonprofit entity) 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 None (nonprofit entity) 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 35 or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: George K. Noe _ ~ (Type or Print) Signature of Certifying Person: / Title: General Mana~ Date: lYlLt/(h EXHIBIT 4 19 AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Mr. James P. Charnquist, (President) of Sage Properties and developer of Bay Vista Apartments, in the amount of $107,101.69 for public improvements including curb, gutter and sidewalks, sanitary and storm sewer lines and water main to serve Furman Addition, Lots 1-11, Block 2 & Portion of Bay View Avenue Subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. (b). ISSUE: Mr. James P. Charnquist, (President) of Sage Properties and developer of Bay Vista Apartments submitted Deferment Agreement documentation to defer the construction of all, on-site and off-site, public improvements for the Bay Vista Apartments including curb and gutter and sidewalks, sanitary and storm sewer lines and a water main in accordance with Platting Ordinance Section V-Required improvements, Subsection A.3 (b). REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Deferment Agreement with Mr. James P. Charnquist (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the amount of 110% of the cost of the project, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. ~,~ B. A. HolI, .I.C.P. Director Development Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit 0 Background Information Location Map Cost Estimates Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development time schedule of Furman Addition, Lots 1- 11, Block 2 & Portion of Bay View Avenue Subdivision located south of Furman Avenue, west of Water Street, east of South Carancahua Street, and north of Hancock Avenue, required the construction of all, on-site and off-site, public improvements including the construction of curb gutter and sidewalks, sanitary and storm sewer lines and water mains. Mr. James P. Charnquist, President and developer of Bay Vista Apartments has submitted Deferment Agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3. (b). The Planning Commission at its February 23, 2005 meeting recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. The Planning Commission on its October 05, 2005 meeting approved the plat for Furman Addition, Lots 1-11, Block 2 & Portion of Bay View Avenue Subdivision. A deferment agreement, (Exhibit D) between the City of Corpus Christi and Mr. James P. Charnquist will allow the developer to defer the construction of required improvements for a period of approximately two (2) years from the date the Deferment Agreement is signed and approved. The deferment of said improvements will allow the Developer to expedite the recording of the plat and obtain Building Permits to develop the Furman Addition, Lots 1-11, Block 2 & Portion of Bay View Avenue Subdivision. The developer has deposit a $107,101.69 letter of credit payable to the City of Corpus Christi, amount which is 110% of the estimated cost of constructing the required improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3. (b). (1). Construction plans for the installation of the public improvements will be reviewed and approved by the City prior the execution of the Deferment agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A Cl :?::- 1) .>< :i a.. N If' ~ c.-; 10 o o N 00 N ~ ~ ~ U ~ :r: UJ W -l ~ i= C9 ~ q ~ :r: !!2 UJ z :5 a.. D o o o ;:::: 10 <D '" '" a:: ~ o o o '" '" "' t> Q) '0' ~ cJj ,LJ id C:r: III T <t: ~ Z <t: I l- ~ o \/1 /" o ~/.l-~r,j ST 1-' C/j '1- ~, r:r , u Q Lu I- <- ~ <: --~--,- , ~J ~ L/1 I I o :::0 !Ii ,- /f2/ /1;/ /fl \ / V) , \J Z en , -'- 0"\ "," fJ ~0- G 00 ~ GO / }- =7 ' - r ~---' L:- ,- ''----( (,~ lJJ [I .~~ ~-_ ~ -/ ~_.L ~- _u~ : - '~'~ Q / ~ ~~ - ~-= ~3 t "=+=~~ i 7 ~- - -~=j) - L __ ..J STfTET .,"..-/j ~.__.~ ___j lr. \--- ---_.._j~ '''--- ~ - ,-, --\ \-- -\ 'r; ,', --\r- _J, z- ,-----\ \-----\ 0 ,___ ~\ ,')J , \\- ~--~\ ~, \-- -'---\\-~'-' ' VICINITY MAP BAY VISTA APARTMENTS FURMAN ADDITION, Lots 1-11, Blk 2 & Portion of Bayview Ave. CORPUS CHRISTI, TEXAS JUS NO 39657<]000 gURBA ENGINEERING CORPUS CHRISTI. TEXAS 212S5'JWl'fIlEltP'O.-63!$.CD1PV5et1l1l11l.lX.1tI....63~, (:MI)I5.l-]lg1 rAIl {3I')e$<I-1OO1 EXHIBIT B PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT PROJECT: Bay Vista Aoartments DATE: 12/15/05 JOB NO. 39657.00.00 Item OescriDtion Quantity + 50h Unit Unit Price Total Amount A. Public ImDrovements 1 4' Diameter Man Hole (5'-8'Oeep) (Sanitary) 1 EA $3,500.00 $3,500.00 2 Connect to and Rehabilitate Existina Man Hole 1 EA $4000.00 $4 000.00 3 Tvpe B Man Hole (Storm) 1 EA $3 000.00 $3.000.00 4 Slot Inlet 4 EA $1,600.00 $6.400.00 5 Grate Inlet 2 EA $1 200.00 $2.400.00 6 ReconstructTop Of Inlet 4 EA $480.00 $1 920.00 7 TaD Existina Inlet At Flow Line 1 EA $500.00 $500.00 8 6" PVC(C-900) 37 LF $25.00 $925.00 9 18" RCP 20 LF $33.00 $660.00 10 15" RCP 8 LF $30.00 $240.00 11 Pavement Repair 27 SY $70.00 $1 890.00 12 6" L Curb 1483 LF $12.00 $17 796.00 13 Pavement Reoair at Curb 330 SY $51.50 $16 995.00 14 5' Sidewalk 7415 SF $3.75 $27 806.25 15 1-1/2" HMAC Inc. Prime Coat 80 SY $8.50 $680.00 16 6" Lime Stone Base 80 SY $8.25 $660.00 17 8" Lime Stabilized Subarade 80 SY $7.50 $600.00 18 Traffic Control 1 LS $600.00 $600.00 Construction Cost SubTotal $90,572.25 Enaineerina Fee @ 7.5% $6,792.92 Total Cost $97,365.17 Total Cost +10% $107,101.69 EXHIBIT C DEFERMENT AGREEMENT STATE OF TEXAS I I COUNTY OF NUECES I This Agreement i$ entered into between the City of Cofpua Christi, Tex., ("CItf) and Sage Properties ("DeveIoporjl and pertains to deferral of the Improvements required prior to filing the re-plat of ,Funnan Addition. loJI1-11, Block 2 & Portion of BaY View Avenue. which wu approved' by Ptannlng Commlalon on October 6. 20~, 8 capy of the plat Is attached and Incorporated 88 Exhibit "A. " WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 6, of the Platting Ordinance to construct seventy-flve percent (76%) of the required Improvements, before the final plat 18 endcnec:I by the City's Director of Engineering; . . WHEREAS. the Developer 18 seeking to ... the conatructian d some of the public 1mp1QV8lMnte, (the -Deferi'ed Improvements" .. naq\ftd by the Clty's Platting Ordinance, 8$ lhown on Exhibit -aWl caples of the approved engineering conatNctlon drawings, which are attached to and Incorporated into this Agreement. for a period up to two years;' WHEREAS. the Developer Is seeking to have the plat filed with the County Clerk of Nuecea County, Texas, before completion of the required Improvemen~ al required by Seotion III, Paragraph HI SubpanlgFilph &, of the PlattIng Ordinance; WHERIAS, the Developer wiD deposit a letter of credit In the amount ~ 8Bven 1)ousand 0", HundlBd One doIIarI 8I1d S~ne cents ($107.~g,.69), repn!MI1ting 110% of the estimated cost or COt1ItNcting the Deferred Improvemenw. all . shown on the attad\ed cost estimate, which 18 attached and Incorporated as Exhibit "eWI with the City; WHEREAS. the City AUomeY and Director of FIn~nce have approved this transaction; WHEREAS. the Developer has AtI8fied all other ,ubdivision requilements. park dedication., park dedication deferment agreements, and maintenance agreements and .. epeclaI covenants have been completed; and \, WHEREAS, the Developer 18 entering into this Defetmenl AgrMnent IS required by Section V, Paragraph A. Subparag!8Ph S.b) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree 88 follows: 1. The City agreee to waive the requirement that deferred improvements be completed befen the final plat Is ~ by the CitY- Director of Engineering and further agrees to allow the Developer to defer the completion of the construction of the public Improvements (referred to in this Agreement 88 the Oerennent Agreement... 6Ige Prapet1ieI P&ge1 of 5 EXHIBIT D "Deferred Improvements") 88 .hown In Exhibit "811, for up to two (2) years from the date of thi8 Deferment Agreement. 2. The Developer agrees to conetrutt the Deferred Improvement&, In BOOOrdance with the CIty'. engineering ttandal'ds in effect at the time of construction. 3. The Developer agrees to deposit . total of One Hundn=g _Seven Thousand One . (Ij 07.1 01.fiP), In the fonn of an Irrevocable letter of ~It Iuued by BfaIons 8.p~ for 110% of the estimated coat of constructing the Deferred IrnproWmenta, with the City, in a tonn approved by the City'. Director of Financial ServICes. on or before the plat Is filed with the County Clerk, and If the deposit Is not made by that time this Agreement shall become nul and void. . .. Upon compIet1on of the Deferred Improvements within two (2) years from the date cI thll Agreement, or later time as may be mutually Igreed upon by both parties, and upoh acceptan~ of the portion of all of the Deferred Improvements by the CIty Engineer Md upon ~ by the Developer with the remalnlng terms of the Deferment Agreement, the CIty Engineer shall: 8. Immediately release De_per from the obligations to construct the Deferred Impiovementa by maRIng 8 Release Letter to: Sage Properties 6303 Beverty Hut Houston, TX 77057 b. Retum to the Developer within elxty (80) d. of the completion of the construction of the Deferred Improvemenl8 and settlement of the construction COIta. the ~ of credit and .ny balance remaining of all mon.. received by the City from the Developer. Includtng any Interest earned for the portion of the Project. 5. If the Deferred Improvements have not been completed within two (2) yeare from the date of this Agreement. or If the Developer fa.. to deposit any Increased security as let out below, after notice to the 0eveI0t* and opportunity to cure .. _led In Paragraph 7 belOw. the City may can the letter of credit and transfer the amounts received, Induding any Interest earned, to the appropriate City fund and the City will then begin completiOn of the construction of the Deferred Improvements with any monies ntCeived from the Developer. both principal and interest, remaining after completion of conatruction being refunded by the City to the "Bank and the Developer, as their IntereIt8 may appeat. If City construots all or any part of the Deferred Improvemente, the Developer agrees to reimburse the City for any additional cost of the Deferred Jrnprovernents, If the sum of money and Interelt prove inadequate to complele the Deferred Improvements within Defem1ent Agreement - Sage PrapertleI Pqe2of5 thtrty (30) days after City complete8 the Defen'8d Improvemante and billa the, ~r.' 6. The City and Developer agree that If the O~loper formally vacates the current plat, with approval of the Planning Commi&8ion, prior to the deadline for completion of the construotIon of the Deferred Improvements, the letter of oredit and any money received by the C~ from the Developer remalni~ on deposit. plus Interest earned. wHt be released and Immediately returned to the Developer. 7. If Devetoper defaults In iany of Its CQvenants or obligations under this Deferment AGreement. the City Engineer will &end Developer and the Project Engineer written notice by certified mall, ~m receipt requested, adviaing Developer of the default and gMng Developer thirty (30) days from datB or receipt of the Ietler to cure the dtrfault. If the Developer fails to cure V. default after receipt of the notice and opportunity to cure, the City Eng1neer will exercise the City's rights under the letter of credit and transfer any monIe8 received and interest earned to the appropriate fund of the City to complete the Deferred Improvements. In the event thn are 8lrI monies reoeIved by the City from the Developer, plualnterest earned, remaining after the CIty 11M completed construction of the Deferred Impl'CMlf118nta, the excel. monlee, both principal and Interest, shaD be I8funded to the Bank and the DeveloPer. as their IntefeIts mIIY appear, wlthln sixty (60) days of the completIOn of construction and settlement of construction contracts. 8. The Developer agrees that the City, after notice In writing to the Developer and Project EngIneer. may 8OC1le.ale payment or performance or require IIddltional security when the CIty Engineer ~etetmines that the proepect of payment or performance Is questionable. 9. The Developer covenants to construct the Deferred Improvements, and that this covenant thaU be a covenant running with the Ia~. 10. The City's Director of Engineering Servicea. at Developer's expense, shall file of record this Deferment Agreement in t!1~ records of Nueces County. 11. No party may aestgn this Defennent Agreement or any rights under this Agreement without the prior written approval of the other party. 12. Unle88 otherM8e stated In this Agreement, any notice required or perm1t1Bd to be given hereunder shall be.1n writing and may be given by personal delivery. by fax, or by certified mal, and If glV8J1 personally, by fax or by certified mall. shalt be deemed sufIcIentIy given If addfeeaed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other In accord with the pr0viakin8 of this paragraph, specify ~ different addres& or addressee for notice PUrpoHl. ~ ~nMtfnR- Sage PnJpeI1leI Peg'3ofS 13. Thi8 Agreement IhaII be construed under and In accord with the IaWI of the State of Texas and aU 9bllgatlqne of the partlel created hereunder are performable In Nueoes County, TexBI, and all lawsulta pursuant hereto shan be brought In Nuece8 County. 14. The Developer further agrees, in compUance with the City of Corpu8 Christi Ordinance No. 1711S, to complete, .1 part of this Agreement, the Disclosure of Ownership Intere1t8 form attached to this Agreement as exhibit "D." 15. The City agrees that upon the "exeoution of thl8 Agreement, the potting of the required letter of credit with the City, and the provision of operable water and sewer 88Nloe a. required by the Platting Ordinance, the City Immediately will file the plat and proceed to aIsIg., add,.... to the Iota ldentlfled In the plat and authoriZe the Iuuance of buildl~ permits for the construction of residences on the Iota. subject to compliance with __Ie technical construction codes and procedures concerning lhe llluance of construction permits. The City acknowIedgee that Developer Intenda to defer the construotlon of public Improvements until the con'8truction of the apartment oomplex. The City witl not be required in any event ~ IsSue a certificate of occupanoy for a facirlly until the public Improvements and all required uttlitiel and other infraatructure Improvements on the lot have '*'" completed. Developer shall be required to have all pubic and InfraItructure Improvements constructed In the subdivision within two (2) years from the d8te of this AgJeement 18. This Agreement ahaII be executed In ",**, al original copies of which &hall be oonekIered one Instrument. When aI.oriGinal copies have been executed by the CIty, and at least two origlRII copies have been exeouted by the Developer. this Agreement nil become effective and binding upon and shallnure to the benefits of the parties and their respectiw helr8. successors and _(gna. EXECUTEDlnlrtpllc8lethls /5-- day~ S8ge Properties HUI 770 I 2005. OII'8rment Ag........ - 88ge PraplII'tIeI Pige4of6 THE STATE OF TEXAS I f COUNTY OF NUECES g .' j\ l C..U, T In&ttument WlS acknowledged before me on '-..it c.. _ - J . 2005, by J P. Cha~ui~resid. of Sage Properties {) "'rf I flU . ry Pubtlc. State or Texas J TERESA M. GARZA flY CCMmS~ EXPIRES _17.. CITY OF CORPUS CHRISTI P. O. Box 9277 Corpua Christi, Texas 78469 Telephone: (381) 880-3500 Facaknae:(381)~01 AlTEST: By: Annando Chapa City Secretary By: George K. Noe City Manager APPROVED AS TO FORM: This (S day d ~~.d..v .2005. 4tJ:i.1" tritNbMy THE STATE OF TEXAS S 5 COUNTY OF NUECES I This Instrument was acknowledged ,before me on the _ day of . 2005. by George K. Noe. City Manager, for the City Of Corpus ChrisU, a Texas municipal corporation. on behalf of the corporation. Notary Public. State Of Texas Deferment Agreement - s.ge Pfoperiiec PageGaf6 J '" ~ / EXHIBIT TITLE \, Jl) , ,: I?'~I: I \lCN t{ 1j f ~ 41130 II " · :,' ~l ! h m~ i/l i H' mi , I II II g :f! II 1 :: ~ ~ II , II ~II ~ 'c.,. , "--::::-~. ~,,,;~",,-.:.... - ~::. ~Q 4-,' ,.~ ' ~ o " .. " ::-:--'::'"5=-=- '::;---~tD " ," {Ct.. ..' J. ... ",,:=:= -------~+ . ~ . ".--- .~ '.-1Io~7-~- .' ." . . ~ " .' .' R[1lIM t OISI'OS[ Of EXlSnNC SlHTARY S(W[R LINE o . .' I OQIINSPO\/T lOCATION , (TYPOl) .' , .. .. " ... I . .... . .. ..... .' . " ~ . . . " . .' . , , f t I I , 4--- . " JO . ,. ... 9',6'1tll'E- 2f.e' HOP(- . " ~..,. ....- .... ," N'f.A ORAIN RJM-J6.00 fl-J6.25 .~ . " SHEET 6 OF 11 SHEET NO. PUBLIC IMPROVEMENT DEFERMENT . SCALE: 1" =40 VII ....... ....-.: ~ --. ..,........." ()tllllM-Jtt' 1N(Jit~..... BAY VISTA APARTMENTS CORPUS CHRISTI, TEXAS JOB NO. 39657.00.00 DEC. 2005 RCU/kp EXHIBIT 2 ~ ( i I 'C''f:UIIiIrlt~o~ "0"-' 7 ' ,,,a~= 'Il'.'; c-.;::')u . >' .'ir ---;+!-- '--, /~}--, ----~~ ~------ SHEET 7 Dt:1ALS ~L,?'lllSC><NlCl: .." 77 J5[Of !Y SEWER L"! . +' ;)(TENTlON POND UNDER GARAGE t,- .~ .~. ".~" '... , .' , .' ,+' 27'.12 HOf'( . .' ,H SHEf1 , FOR OC1ENlIOIl POND ()[TNtS ~ ~'r I' .. , .' , .' . ..t-._ " , .' .' , .' , " 1.rxe~ I-()P[ . .' .+, , .' ~ ~ I _ -.-J ~..__._._._.. . .' ----~ ~ ,----- ,.' . t------ .' f-'::" ,/ . 1" I I .' =: +' !fx6"' HOP[ 14(8.~ .' .' i I I r- , .' ','" .,. ..-- .f~ , . . , ..&; lOIN -00 5 . .' " :~ ZO'dI' HOP( ,>( --~.,:... 10 lISP05[ CK 1MITARY SI:WIJl UNE IW<<lOQ( MJU .; 'S! 1>: . .' EXHIBIT TITLE: SHEET 6 OF 11 SHEET NO, PUBLIC IMPROVEMENT DEFERMENT I"II_'--~~"'*,,~ (M,~... .. 1.........1 ,SCALE: 1" =40 BAY VISTA APARTMENTS CORPUS CHRISTI. TEXAS JOB NO, 39657,00,00 DEC, 2005 RCU /kp PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT PROJECT: Bay Vista ADartments DATE: 12/15105 _. JOB NO. 39657.00.00 Item Description Quantitv + 50lc Unit Unit Price Total Amount A. Public ImDrovements 1 4' Diameter Man Hole (5'-8'Deeo) (Sanitary) 1 EA $3 500.00 $3 500.00 2 Connect to and Rehabilitate ExistinQ Man Hole 1 EA $4 000.00 $4 000.00 3 Tvoe B Man Hole (Stonn) 1 EA $3 000.00 $3 000.00 4 Slot Inlet 4 EA $1 600.00 $6400.00 5 Grate Inlet 2 EA $1 200.00 $2 400.00 6 ReconstructTop Of Inlet 4 EA $480.00 $1 920.00 7 TaD Existino Inlet At Flow Line 1 EA $500.00 $500.00 8 6ft PVC(C-900) 37 LF $25.00 $925.00 9 18" RCP 20 LF $33.00 $660.00 10 15" RCP 8 LF $30.00 $240.00 11 Pavement Reoair 27 SY $70.00 $1 890.00 12 6" L Curb 1483 LF $12.00 $17 796.00 13 Pavement Repair at Curb 330 SY $51.50 $16995.00 14 5' Sidewalk 7415 SF $3.75 $27 806.25 15 1-1/2" HMAC Inc. Prime Coat 80 SY 8.50 $680.00 16 6" Lime Stone Base 80 SY 8.25 $660.00 17 8" Lime Stabilized Suborade 80 SY 7.50 $600.00 18 Traffic Control 1 LS $600.00 $600.00 Construction Cost SubTotal $90,572.25 Engineering Fee @ 7.5% $6,792.92 Total Cost $97,365.17 Total Cost +10% $107,101.69 EXHIBIT 3; ~~, 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 City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME Saae Prooerties STREET: 6303 Beverlv Hill CITY: Houston, TX ZIP: 77057 FIRM is: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. Stat. the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 30/0 or more of the ownership in the above named "firm". Name N/A 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 N/A 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 N/A 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". Name N/A Consultant CERTIFICA TE 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: ..... Title: President Saae Properties Date~~ 9\ '~udl - Signature of Certifying Person: EXHIBIT 4 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. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. "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. 20 CITY COUNCIL AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: Ordinance abandoning and vacating an 82.50-square foot portion of a 5- foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive; requiring the owner Bayport Development, Inc. to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is proposed to correct an encroachment resulting from a residential structure constructed over a portion of the easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~ B.A. Holly, AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bayport Development, Inc. (Developer) and Christopher L. Bridges (President/Owner), is requesting the abandonment and vacation of an 82.50-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, located approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive, in order to correct an encroachment into the easement by a residential structure. The easement to be abandoned and vacated is located in an "R-1 B" one-family dwelling district. The encroachment of the southeast corner of the house slab on-grade foundation into the easement is less than 2-feet from an existing 24" RCP storm sewer line located within the 5-foot wide utility easement adjacent to the house. Owner will be required to sign a Hold Harmless Agreement and Covenant with the City releasing the City of any liability from damage to the existing house resulting from the 24" RCP storm sewer line. Owner must comply with the specified conditions of the Ordinance prior to the occupancy of the house. All public and franchised utilities were contacted. The City Storm Water Department has an existing 24" RCP storm sewer line within the easement and requires the Owner to televise the existing 24" RCP storm sewer at his expense to establish the condition of the RCP line to identify any damage resulting from the construction of the residential dwelling. Engineering Department requires the Owner to rehabilitate the existing 24" RCP at owner's expense City Building Division is requiring that the Owner regrade the existing surface area to correct the existing drainage problem on the adjacent property owner. None of the other city departments and franchised utility companies had objections or facilities within the portion of utility easement to be abandoned Staff recommends payment of the fair market value of $ 210.00 for the abandonment and vacation of an 82.50-square foot portion of the 5-foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation EXHIBIT A FROM: B A. Holly AICP, Director of Development Services DATE: December 7 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: December 13, 2005 ORDINANCE CAPTION: Ordinance abandoning and vacating an 82.50-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive; requiring the owner Bayport Development, Inc. to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 61. Page 111, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Owner pay the fair market value fee of $210.00 for the abandonment and vacation of the total 82.50- square foot portion of the 5-foot wide utility easement 2) Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. 3 Maintain the area (approximately 2-feet) between the existing house structure and the existing 24" RCP in the 5-foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace the storm sewer line. 4 Owner is required to allow access to the 24" storm sewer line at all times without cost to the City for restoration of any surface improvements and landscaping. 5) Owner must televise the 24" RCP to City specifications at his expense and submit video tape to the City for review. Televising the line will establish whether the 24" RCP was damaged during construction of the residential structure. 6) Owner is required to prepare and submit construction plans to rehabilitate the existing 24" RCP per City specifications, at his expense. 71 City Building Division is requiring that the Owner regrade the existing surface area to correct the existing drainage problem to the adjacent property owner. 8) Owner must comply with comply with the specified conditions of the Ordinance prior to occupancy of the house. 9) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: ~Cl~ B.A. Holly, A P, Director of Development Services DATE:~aS APPROVED: DATE EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 82.5-SQUARE FOOT PORTION OF A 5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 5, BLOCK 3, WOOD RIVER UNIT 15, APPROXIMATELY 300 FEET EAST OF E. RIVERVIEW DRIVE AND AT THE INTERSECTION OF BEDROCK DRIVE AND BIG CYPRUS SA YOU DRIVE; REQUIRING THE OWNER, BAYPORT DEVELOPMENT, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 82.5-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive, as recorded in Volume 61, Page 111, Map Records Nueces County, Texas, that the owner, Bayport Development Inc., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 82.5-square foot portion of a 5-foot wide utility easement out of Lot 5. Block 3, Wood River Unit 15, as recorded in Volume 61, Page 111. Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. That the Owner pay the fair market value fee of $210.00 for the abandonment. and vacation of the total 82.5 square foot portion of the 5-foot wide utility easement. 2. Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. 3. Owner must maintain the area (approximately 2-feet) between the existing house structure and the existing 24" RCP in the 5-foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace the storm sewer line. 4. Owner is required to allow access to the 24" storm sewer line at all times without cost to the City for restoration of any surface improvements and landscaping. H:\LEG-DlR\Joseph\ORD- WoodRv15-av.doc 5. Owner must televise the 24" RCP to City specifications at his expense and submit video tape to the City for review. Televising the line will establish whether the 24" RCP was damaged during construction of the residential structure. 6. Owner is required to prepare and submit construction plans to rehabilitate the existing 24" RCP per City specifications, at his expense. 7. City Building Division is requiring that the Owner regrade the existing surface area to correct the existing drainage problem to the adjacent property owner. 8. Owner must comply with comply with the specified conditions of the Ordinance prior to occupancy of the house. 9. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved ~ J...-. J ~ ,2005 By: ~\~ JosephH rney 0 Assistant City Attorney For City Attorney H :\LEG-DIR\Joseph\ORD- W oodR v 15-av .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:\LEG-DlR\Joseph\ORD- WoodR vl 5-av.doc // --..---..- _I.._-.~- ~1If_l""""""'-""-' __.__~__-...a.cl --- ---....-- ____,,~_._c., ~/ ~~ ~ .;::;<:) -l.. 0 ". 0\'>~\ . :00" O. \~~/,~ v...... / 0\:) <$'0/ / // YG /' V 61 P 111 ~ ,.~,~ / 5UE ,,~~~E o " . /t<J5'~ 25 YR/~y ."b~~~voo / , ", ~ / ~~ . 7" / ~~ ~7~ ~7 ,>, '" ~~. '" ~~. '" '" '" ./ '" V 15' U.E., ) ;/ / / / LOCATION MAP <o(S ~. ().,.~ ' -'/ ..) \:) ~ ~<o. / LOT 6 V.61,P.111 LOT 5 @ 7.075 SF (t " FOUND 5/8' IRON ROD~, @ ALL LOT CORNERS This property lies within Zone C, according to FIRM 1987. which is not within the 100 year Flood Plane. EASEMENT CLOSURE SCALE:: 1" 20' SEAL: 4:..(/ ~ 1-. Registered Professional Land Surveyor EXH " .8' "IT C Stale of Texas No. 2293 DATE 06/15/05 CREW RS & OL OF"CE RV & DB DR'FTING_RY & DB LOT 5 BLOCK 3 Wood River Unit 15 V. 61, P. 111 (M.R.N.CT.) Corpus Christi, Nueces County, Texas 21 CITY COUNCIL AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: Ordinance abandoning and vacating a 612.70-square foot portion of a 1 O-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700-feet north of Teague Lane and west of and adjacent to Catfish Drive; requiring the owner to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the drainage easement is required after the City determined that the rerouting of the storm sewer line was necessary after multiple complaints of settling surface area from property owners within the subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~~~....-,~..,,:,L 8. oily, AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi, is requesting the vacation and abandonment of a 612. la-square foot portion of a 1 a-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1. The 1 a-foot wide drainage easement extends across the northern portion of Lot 15 and is located adjacent to the northwestern portion of an existing house. The easement to be abandoned and vacated is located in an "R-1 B" One Family Dwelling District. The drainage easement is proposed to be vacated and abandoned because the existing 15" RCP storm sewer pipe will be abandoned in place and relocated to another utility easement. The City had received multiple complaints of settling surface area from property owners within the subdivision. The property owner on Lot 15, whose house is located adjacent to the drainage easement, complained each time the Storm Water Department backfilled the area and equipment tore up their lawn. All public and franchised utilities were contacted regarding the vacating and abandonment request and no objections were received. City Storm Water Department has an existing 15" RCP in the 10' drainage easement to be closed and will abandon in place and reroute the 15" RCP storm sewer line to an existing 10' utility easement that is located between Lots 14 & 15, Block 1, River Canyon Unit 1. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends that payment of the fair market value be waived since the City is initiating the vacation and abandonment and resolving an operational problem. The adjacent property owner has been advised of and concurs with the conditions of the utility easement abandonment. EXHIBIT A FROM: B.A. Holly. AICP, Director of Development Services DATE: December 13, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: December 20.2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 612.70-square foot portion of a 10-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700-feet north of Teague Lane and west of and adjacent to Catfish Drive; requiring the owner to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 47, Page 104, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: That payment of fair market value for the easement closure be waived, because the City is initiating the closure of the drainage easement and correcting a troublesome operational problem. 2) City will abandon in place the existing 15" RCP located in Lot 15, Block 1, River Canyon Unit 2, and will reroute it to another existing 10-foot utility easement that's located between Lots 14 & 15, Block 1, River Canyon Unit 1. 3) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: ~ ' AICP, Director of Development Services DATE: /2-/S.nr APPROVED: DATE- EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 612.70-SQUARE FOOT PORTION OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 15, BLOCK 1, RIVER CANYON UNIT 1, APPROXIMATELY 700 FEET NORTH OF TEAGUE LANE AND WEST OF AND ADJACENT TO CATFISH DRIVE; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 612.70-square foot portion of a 10-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700 feet north of Teague Lane and west of and adjacent to Catfish Drive, as recorded in Volume 47, Page 104, Map Records Nueces County, Texas, that the owner, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the drainage easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 612.70-square foot portion of a 10-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, as recorded in Volume 47, Page 104, Map Records Nueces County , Texas is abandoned and vacated for public use as drainage easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 . That the fair market value fee be waived because the City is initiating the closure of the easement and correcting a troublesome operational problem. 2, City will abandon in place the existing 15-inch RCP located in Lot 15, Block 1, River Canyon Unit 1 and will reroute it to another existing 10-foot utility easement that's located between Lots 14 and 15, Block 1, River Canyon Unit 1. 3. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon H:\LEG-DIR\Joseph\ORD-RvCnyn l-av.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved ~ / f ,2005 By: I'JH, t'-- Id Josep Harney , Assistant City Attorney For City Attorney & H:\LEG-DIR\Joseph\ORD-RvCnyn l-av.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: Ime, 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-R vCnyn l-av.doc N ,---- -- -- - s c ~~D f> '- " \\ ,// \ '.\ '(\,.~ I), \d> /- '(/~.~ / ~ " ;/ : '-..--'" - .>. /" ~'..^, ,/ -.'\., ., ..c" ......: /- ....':v -/ / / ///- O.N.STEVENS PlANT FIVE POINJS ~'~-- EASEMENT CLOSURE LOT 15, BLOCK 1, RIVER CANYON UNIT 1 N.T.S. EXHIBIT C LOT 30 RIVER CANYON UNIT 2 VOL 48, PGS. 147-148 M.R.N.C.T ;/;/// /// / / / / / / / <(... / /. V' <(... / / ':> v'/ '\. ~ / '\. / LOT 14 / / POINT OF COMMENCEMENT <D LOT 29 J'u': (S'. ~. ~ '6>~ '-'/.<'" <D LOT 22 RIVER CANYON UNIT:! VOL. 47, PG 104 M.R.N.C. T. LOT 21 ~ ~~ v<::)~ \ \ \ \ I \ I \ I I \ I I I I LOT 16 N w. s BEARINGS ARE WITH REFERENCE TO THE DIAGONAL INVERSE FROM THE SOUTHWEST CORNER TO THE EAST CORNER OF LOT 30, BLOCK 1, RIVER CANYON UNIT II AS RECORDED IN VOLUME 48, PAGES 147-148. (S83033'13"E) STATE OF TEXAS COUNTY OF NUECES I, RUSSELL D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE )bTtI DAY OF ~OllE""I~ , 2005. 0-~1 J). oj RUSSELL D. OCHS R.P.L.S. TEXAS REGISTRATION NO. 5241 ~ 0 ~ ~ II Scale In Feet ~ 10' DRAINAGE EASEJIENT CLOSURE RIVER CANYON UNIT 1 OWNER: NORMA WE.A.VER DOCUMENT 12005003904 a.p.R.N.C.T BBNG A TRACT OF lAND CONTAINING 0.014 ACRES (612.7 SQ FI) OUT OF LOT 15, BLOCK 1, RIVER CANYON UNIT 1 AS RECORDED IN VOLUME 47, PAGE 104 OF THE MAP RECORDS OF NUECES COUNTY. TEXAS. ~ """'" CITY of CORPUS CHRISTI. TEXAS Department of Engineering Services Survey OMsion - Phone: 361-826-3500 Date: 11/01/05 Orarm ~ R. OCHS Checkod ~ O. NCSNff/f Project: 224() - __ eon,.,.. Area Drainage Impe. Fl1c\lAIIIl PROJEr:TS J"\~ C4NYtW\ DW\~ SHEET" 1 OF 1 22 CITY COUNCIL AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: Ordinance abandoning and vacating a 716.70-square foot portion of a 1 O-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750-feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail; requiring the owner to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the drainage easement was initiated by the City after determining that the rerouting of the storm sewer line was necessary to resolve resident complaints about the existing deep storm sewer line. An additional utility easement will be dedicated by the property owner for a new storm sewer line. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7-13-04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~~_A 7;,"-v''''' ~ . lIy, AICP / - Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi, is requesting the vacation and abandonment of a 716. 70-square foot portion of a 1 a-foot wide drainage easement out of Lot 30, Block 1 J River Canyon Unit 2. The 1 a-foot wide drainage easement extends across the western portion of Lot 30, Block 1, River Canyon Unit 2. The easement to be abandoned and vacated is located in an "R-1B" One Family Dwelling District. The drainage easement is to be abandoned and vacated with the abandonment of the existing 24" RCP storm sewer pipe. The drainage easement on Lot 30 will be relinquished back to the property owner. The storm sewer line to be abandoned in place and grouted In by the City will resolve the problems with the existing deep storm sewer line. The City will be constructing a new drainage system in the area to improve the drainage situation. All public and franchised utilities were contacted regarding the vacating and abandonment request and no objections were received. City Storm Water Department has an existing 24" RCP in the 10' drainage easement to be closed and will abandon the line in place. Owner will be dedicating a utility easement at the south corner of Lot 30, for Storm Water to construct a new 15" RCP storm sewer line. None of the city departments and franchised utility companies had any facilities within the easement or any objections to the easement being vacated and abandoned. Staff recommends that payment of the fair market value be waived in exchange for owner dedicating another utility easement at the south corner of his lot for a new storm sewer line and a benefit to the City in correcting an ongoing drainage problem. The property owner has been advised of and concurs with the conditions of the drainage easement abandonment. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: December 13, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: December 20.2005 ORDINANCE CAPTION: Ordinance abandoning and vacating a 716.70-square foot portion of a 10-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750-feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail; requiring the owner to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 48, Pages 147-148, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1 That payment of fair market value for the easement closure be waived, because the City is eliminating operational problems with the existing storm sewer line by the relocation. 2) City Storm Water will abandon in place an existing 24" RCP that's in the 10' drainage easement located in the western portion of Lot 30, Block 1, River Canyon Unit 2. 3 \ Owner is to dedicate a new 490.80-square foot portion of utility easement in the south corner of Lot 30, Block 1, River Canyon Unit 2. 3) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: , ICP, Director of Development Services DATE: /:2.-/5-/J ~ . APPROVED: DATE. EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 716.70-SQUARE FOOT PORTION OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 30, BLOCK 1, RIVER CANYON UNIT 2, APPROXIMATELY 750 FEET NORTH OF RIVER CANYON DRIVE AND EAST OF AND ADJACENT TO ROLLING RIDGE TRAIL; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 716.70-square foot portion of a 10-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750 feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail, as recorded in Volume 48, Pages 147-148, Map Records Nueces County, Texas, that the owner wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the drainage easement for all purposes. subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 716.70-square foot portion of a 10-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, as recorded in Volume 48, Pages 141-148, Map Records Nueces County, Texas is abandoned and vacated for public use as drainage easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. That the fair market value fee be waived because the City is initiating the closure of the easement and correcting a troublesome operational problem. 2 City will abandon in place the existing 24-inch RCP that's in the 10-foot drainage easement located in the western portion of Lot 30, Block 1, River Canyon Unit 2. 3. Owner is to dedicate a new 490.80 square foot portion of utility easement in the south corner of Lot 30, Block 1, River Canyon Unit 2. 4. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for H :\LEG- DIR \Joseph\ORD-R vCnyn2-av.doc 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 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved ~ /'-- } . ,2005 By: ~ 11-0 Joseph arney Assistant City Attorney For City Attorney H:\LEG-DIR Voseph\ORD-R vCnyn2-av .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 :\LEG-DlR \Joseph\ORD-R vCnyn2-av .doc N s 'c ), \ /'~, '" ,,~'-~\ " - --- ------ -.----- ., / /, / - / I It):~' '.,1 1'- 'II ! ;;." '. I j:- " (~.1 1:-- \~ii-l \~/:c::/';I //1 \\\~~I \\ \ I ';8 - \.. '-'-'/ ..;- ~~ l j ." ~,~/' .... ~ ~ " "'. \::S \/- \'":;' \-- \..,' \;, ,-- ---- -- - ./ '~" \'" t -----~ ~-_/ ~,~- I '. I / '-', '" ~, '. . " ':>TS1TE / " ~.;.>:! /. I !~. ~_.~; -'t---_ .......' I I ; FIVE POIN;5 O.NSTEVENS PlANT EASEMENT CLOSURE LOT 30, BLOCK 1, RIVER CANYON UNIT 2 N.T.S. \ ---- \ ~~ 'I; EXHIBIT C <D LOT 31 LINE ~(:, O~Q~~ ~~~~ z 0 0 POINT OF ~ COMMENCEMENT ..... N FOUND 5/8~ ~ IRON ROD ." . ::t W ci ..... / '0 :l'- // Ql -- "!. N 0 S <D LOT 29 L1 L2 L3 ~ D.L CLOSURE 716.7 SQ. FT. (0.016 AC.) <D LOT 30 RIVER CANYON UNIT 2 VOL 48, PGS. 147-148 M.R.N.C. T. BEARINGS ARE WITH REFERENCE TO THE DIAGONAL INVERSE FROM THE SOUTHWEST CORNER TO THE EAST CORNER OF LOT 30, BLOC!< 1, RIVER CANYON UNIT II AS RECORDED IN VOLUME 48. PAGES 147-148. (S83'33'13-E) LOT 15 STATE OF TEXAS COUNTY OF NUECES I, RUSSEll D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE OF TEXAS. HEREBY CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, THIS THE 1ST" DAY OF fJoVeI'JIEI. , 2005. CL~, oct RUSSELL D. OCHS R.P.L.S. TEXAS REGISTRATION NO. 5241 LINE TABLE BEARING LENGTH NOOO 4 7'221'1,1 N44059'531'W S68055'471E 7,17' 14.34' 10.77' FOUND 5/8- ............. IRON ROO ............. ............. ............. / / / / LOT 14 RIVER CANYON UNIT 1 VOL 47, PG. 104 M.R.N.C.T. EXHIBIT C 40 0 40 ~ I Scale In Feet 10' DRAINAGE EASEJLENT CLOSURE RIVER CANYON UNIT 2 OWNER: MAAK A. ESPARZA DOCUMENT 12004051609 O.P.R.N.C.T. BEING A TRACT OF LAND CONTAINING 0.016 ACRES (716.7 sa FT) OUT OF LOT 30, BlOCK 1. RIVER CANYON UNIT 2 AS RECORDED IN VOLUME 48, PAGES 147 - 148 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. ~ ~ """"" CITY ot CORPUS CHRISTI. TEXAS Department of Engineering Services survey Division - Phone: 36f-826-J500 0vtI: 11/01/05 Lhwn By: R. OCHS ~ By: O. NESIIfTH Project: 2240 - _ ~ _ Droinoge Imps. RIo:\tNCl PROJE1;TS "\RMII' CWltW\ OIIl;l\RMllC4Nl'lWOCOIK; SHEET 1 OF 1 23 CITY COUNCIL AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: Ordinance regarding delinquent personal property tax penalty. ISSUE: During the recent 79th Session, the Texas Legislature passed HB 2491, the omnibus tax property tax bill, which included provision regarding delinquent personal property tax penalty. HB 2491 authorizes governing bodies to impose a penalty on delinquent personal property tax accounts at 60 days after taxes become delinquent. Approval of this ordinance will enable the collection law firm to receive delinquent accounts earlier. REQUIRED COUNCIL ACTION: Approval of the ordinance. FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. ~~P7 fYI~ Oscar Martinez \ Assistant City Manager BACKGROUND INFORMATION Personal property is subject to state taxation unless exempted under law. Personal property taxes are appraised January 1. Personal property taxes become delinquent on February 1 of the following year. Such taxes are currently referred for collection on July 1 upon imposition of twenty percent delinquent penalty. HB 2491 authorizes governing bodies to impose delinquent penalty date at 60 days after account becomes delinquent. Approval of this ordinance will result in earlier referrals for collection. ORDINANCE REGARDING DELINQUENT PERSONAL PROPERTY TAX PENALTY Whereas, the City of Corpus Christi wishes to defray its costs of collection, as authorized by TEX. TAX Code S 33.11, that it incurs under a contract for collection of delinquent property taxes between its authorized collection agent Nueces County and a prtvate law firm entered into pursuant to TEX. TAX CODE S 6.3.0; and Whereas, the City desires to turn over for collection delinquent personal property taxes at the earliest practicable date: and Whereas, under said Section 33.11, the governing body of the City of Corpus Christi is empowered to authorize the addition of a collection penalty in an amount that does not exceed the amount of the compensation specified in the collection contract with the private law firm; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. The Recitals set forth in this ordinance are true and correct. SECTION 2. An additional penalty on delinquent personal property taxes for tax years 2005 and subsequent years is hereby authorized and imposed, as provided by Section 33.11, Texas Tax Code, in the amount of 20% of the delinquent tax, penalty and interest, if the tax becomes delinquent on February 1 of a year and remains delinquent on the 60th day thereafter 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 Henry Garrett Mayor APPROVED: December 15, 2005 ~~ Lisa Aguilali Assistant CI Attorney for City Attorney 24 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 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 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. H :\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLU FF. DOC Page 2 of 2 That the foregoing ordinance was ~me and passed to its second reading on this the ~day of , 2005, by the following vote: Henry Garrett ~ Bill Kelly OJ(- Brent Chesney ~ Rex A. Kinnison 7i:J;;i 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 /#...J...,., BY~osePh~e~t-o Assistant City Attorney For City Attorney Henry Garrett Mayor ,2005 H :\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLUFF. DOC I 1 EXHIBIT TiTlE: VICINITY MAP ~ABA ENGINEEAING --- t Exhibit I Page 1 of 1 .. -....-.... --- DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS SCAlE: 1"=1500' JOB NO. J7407.A5.00 7.~- -.- T , .~w ~' ,..-' \if' .,:_ ' ~~ \. -,-= \~~---1' ~'o ~: ''\~~ -':,"{, ~ y... II ~- ~ ~ ~ ('\ ,_~. 'oe~ /""~' rr ~ )--\;!-\_~ o.~,'" 0 0 . ~... (f / 'I - '-:"r--"1~~' ^ ~ '<31 i-'b \~'~.\\ ?C~~ () '= rT: =~~.J j~~ ~~ ,'-I ~=:===~ · \ 0 J ~ '\'l · L ~r21Ir7 1 :.~ ~ . ~". · ~. ~"C >- N 11:---\,; ~,=:, 00 ; t ~, ~ ,;r"'i I:; ~__ _ liJ~ ~ I ~\ ~ . ~':D...O l -- /,,'" .....~-;:..---lliJ, ~Z~Z f ~ /I ~- '\... ;.---- , ..' /. - - IS' c 0 <( c.n :::> I t.-tIII.J __ ~ ' ~/' r;;.I..=~=~~,. 0:::0:::<(0 ( __ (IL.~ ~~ ' ~~ ~~ :. '.~. I ,: I CL a ID ID . ( 'tri'1 I ~ II') ,.., ...~ Y <it . ') Ii L~I~ P? '- ~ ~ ~ ... ''\ ~ 10 I J ' 1::1..:: . H -- _ dL~ ~ .. ; =~ "f'Z: n 't ~ u ~ e:. ~;>. ~~' f-~ -if ~ (c; ",;: I~ o~ 0--_::"_ .._~''''':-' l) \', i ~-= = ==.= == ~ S.l '-" . '\. ~ Cl co CI .. i'l i -i-_ ;.::co Cl'Ic.ry IlUhco [~I ~ -.., ~..\.ft\- &SIIo,ooo. . ~ : ./ J :..J ~ - ._! -" <iiI. --- .\ ~ \Al Y . . ~ / r 1 ~ i ~ :! I J ~M .~ II .' \. 'l .. · J 1 ~Il ~. N. 'w><' , '\ ....." -:11 ~.~J6.; ~: p!f ~ ,.11 )"7;. It r~' , ~~ '- k 7'. 1"-.1 7 J r.;;; 0 \a.. ~-'..., . l~_ -- -- - r" 0 0 '~..._ -- \ . . ..-... - . f~~;r':~;;;--~~~\ ~~~..-;k1:.'\ - 'v"- 'y \ ~-~I-" ~:-::- --:~'\ ~~\ .. LJ~ Jf~ \ \ \. : \\00 ~~\:_ /1~~ .~/)'--1J'1 i~\ ~ r ~ I '\ ~ ~~ ----':: // ~~\ ~1{'1 ,'\ ~b.' . ! ~ \ ~ ........tr~" ....-rf._ '" ,~ ~ ~~. -:~' :, ~ I' ",..-,./' ~ \ ,- \I \~~, .. I . .....___ ~ .---- .. ,,'" II~ ',.. I,. ,.:' 'r ~ ~-...- u ' ,.7~~J_- I~ ~ ~t, - . \ .&....1..^ ~ /' ~-~ I :,q "':; , \ \.. .,;: ~::--~_..:_____ ~~ ~1~~"";oJ)~ " , \~~'t . \ \:\- .'\ 18 ~ .r? :3 u ~\ \. ~'~'/ .~ 0::: 3: 6 ,~~,., \\ " ~ ,: . ')\'1'. .:~ , , woo . \\ . . . > ....J " \"'" ___ o u... z ~\. I n-- ,.~ ;--:.-..... ""\ ~ Proposed Amendment ;CAl.E: 1"-600' DRAINAGE MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.A5.00 DATE: 11-22-05 ...----- - ---- I ~bIt. I Page 1 of 1 25 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.1 086 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 :\LEG-DIR\JOSEPH\ORD-SSWRPLN-BLU FF. DOC That the foregoing ordinance was ~~e and passed to its second reading on this the ~ay of 2005, by the following vote: ~ ~ ~ Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Page 2 of 2 Bill Kelly ~ -~ 7- 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 Brent Chesney John E. Marez Melody Cooper Jerry Garcia PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Approved ~.{I'~ r By: /LL IL ~ Joseptf~y -'0 Assistant City Attorney For City Attorney ,2005 H :\LEG-DI R\JOSEPH\ORD-SSWRPLN-BLUFF. DOC Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2005. CITY OF CORPUS CHRISTI Henry Garrett Mayor i EXHIBIT TITLE: VICINITY MAP _ABA ENGINEERING --- ....-...... --....----. - ..- exhibit Page 1 of 1 SANITARY SEWER MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS SCALE: 1.=1500' JOB NO. 37.07.A5.00 'f ./ iJ. -.;.0 ZlD t=< ~uJ :-: a:: w ..~. 'I.. ),: :l! .. !II '-j c " .. ~ \ ;:: "V I . -~ . /I! I", . -~ ! , I I _...-x...c:::z==-- Proposed Amendment ~A.ANl ENGINEERING --...../ ----..- .....--........... --- L SANITARY SEWER MASTER PLAN AMENDMENT CORPUS CHRISTI, TEXAS JOB NO. 37407.A5.00 l ExhU* l Page 1 of2 l"~'OOO' Job No. 37407.A5.00 3/17/05 LIFT STATION CALCULATION FOR THE FLOUR BLUFFLIFf STATION NO. 1086 Platted Area Not Yet Serviced: (337100) x (3.5 peoplel1ot) 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 Comentone Unit 3 Subdivision: (83 homes) x (3.5 peopleJhome) x (100 gallons/person-day) = 29,050 gallons/day S"'reline Oaks Subdivision: (258 homes) x (3.5 peopleJhome) x (100 gallons/person-day) = 90,300 gallons/day Co.mercial Tncts: 20 Acres x 8 people/Ac x 10 gallons/day = 1,600 gallons/day AdditionallDtlew " Iafdtntion: 62 Acres x 400 gallons/acre/day = 24,800 gallons/day Total Gallo.. oer Dav: 267,200 gallons/day or 185 GPM Peak Factor: 267,200 gallons/day x 3.0 = 801,600 gallons/day F.lliatia. Flour Bluff Lift Station: Pumping Capacity (from PEECO): 2-20 HP 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 = 134 hours (peak) Flygt's warranty is based on a 40"10 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 hrsldaylpump (70010 of capacity) and 2.2 brsIday/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. Exhibit.. age 26 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 wRiGA is placed in service after January 1, 1991, 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 white it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. Effective January 1, 19Q4, No vehicles may be used as taxicab '/ehicles 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. @l 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 aoolicant mav receive a temoorarv taxicab driver's oermit that will exoire 30 calendar davs after the date it is aranted while oendina satisfaction of items (a)(7) and (a)(9) above. A temoorarv oermit will on Iv be aranted to those aoolicants whose criminal backaround checks comoort with the reauirements 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 ~ the first time and passed to its second reading on this the a~ay 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 Fonn ApproYed:,P~ ? ~ 2005; U~--- Rtrndy A. Stoneroad Assistant City Attorney 27 AGENDA MEMORANDUM December 20, 2005 AGENDA ITEM: a Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer CoIection Une Trust fund No. 4220-250420 in accordance with Sec. V.B.6(h) of the Platting Ordinance; and b. Ordinance appropriating and appfoving the transfer of $800,000.00 from the Sanitary Sewer Trunk System Trust Fund No 4220-250410 to the SanitaIy Sewer CoIec:tion Li1e Trust Fund No. 4220-250420 in accordance with Sec. V.8.6(h) of the Plalling Ordinance to establish sufficient funds in the CoIection Une Trust Fund to carry out the purpose of the Ordnance; and declaring an emergency Motion approving the Sanitary Sewer CoIection Une Extension Construction and Reimbursement Agreement submitted by Ford Tex ()peralg. deYeIoper of Saraoga Centef, Lot 15, Block 1 (Montana Mike's Steakhouse) located east of South Staples Street and sooth of Saratoga BouIevald for the instaIation of a 12-inch over-size, over-depth PVC sanitary sewef coIecIion ine along the east side of S. SIapIes Street between the City's Uft Station #5 and ectendng 664 linear feet sooth to a proposed manhole near the south property line of Saratoga Center, Lot 16, BIock1; and d Ordinance appropriating $153,922.48 from the Sanitary Sewer CoIection Line Trust Fund No. 4220-250420 to pay Ford T ex Operating, for the instalation of 664 inear feet over-size, over--deplh 12-inch PVC sanitary sewer collection line as specIied in the Sanitary Sewer CoIecIion line Extension Construction and Reimbursement Agreement to develop Saratoga Center, Lot 15, Block 1 (Montana Mike's Steakhouse); and declaring an emergency ISSUE: Applications for funds from the Sanitary Sewer CoIection Une Trust Fund to reimburse developers for sanitary sewer construction costs exceec:l the available balance. ISSUE: Ford T ex Operating, developer of Saratoga Center, Lot 15, Block 1, wi start the installation of an over-size, over- depth 12-inch PVC sanitary sewef coIection line along the east side of S. Staples Street starting at City Lift station #5 and extending 664 linear feet sou1h to a proposed manhole near the soo1h property line of Saratoga Centef, Lot 16, Block 1 once the City Council approves the SanitaIy Sewer CoIection Li1e Extension ConsIruc:tion and Reimbtllsement Agreement and appropriates funds from the Sanilary Sewer CoIec:tion Trust Fund in compiance wiIh the PlaIting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented. ~Q'$ SA Holy, AI Director of Development Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Background Information Location Map Map Application for Sewer Une Reimbursement Over-Size, Over-Depth San. Swr. Collection Line Cost Estimate Off-Site San. Swr. Extension Cost Estimate On-Site San. SWL Extension Sanitary Sewer CoIection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITlONAl BACKGROUND INFORMATION SUBJECT: Transfer of funds from the Sanitary Sewer Trunk System Trust Fund to the Sanitary Sewer Collection Line Trust fund. BACKGROUND: The previous transfer to the Collection Une Trust Fund was approved by Council on April 12, 2005 for a total of $600,000.00. From February to December 2005, $1,066,441.00 was appropriated from the Sanitary Sewer Collection Une Trust Fund for construction of collection lines bringing the fund balance down to $14~1438.00. The transfer of $800,000.00 from the Sanitary Sewer Trunk System Trust Fund will restore the fund balance to a level that "WIll provide funding for anticipated development SUBJECT: Sanitary Sewer Collection Une Reimbursement for Saratoga Center, Lot 15, Block 1 BACKGROUND: The development and pIa1Iing of Saratoga Center, Lot 15, Block 1 located south of Saratoga Boulevard and east of S. Staples Street (see to Exhibit B) required the installation of 104 linear feet of an 8- inch sanitary sewer collection line. The Ciy and the developer agreed that an oversize, over-depth 12-inch Sanitary Sewer Collection Line should be installed instead of the required 8--inch line. The proposed 12-inch oversize, over-depth sanitary sewer coRection line will extend to the south from City un Station No.5 for 664 linear feet ending at a proposed manhole at the souIh property me of Saratoga Center, Lot 16, Block 1. The 12-inch sanitary sewer collection line, as proposed, will be of sufficient depth and slope to serve future development along S. Staples Street The 12--inch sanitary sewer collection line is required to provide santary sewer seMce to Saratoga Center, Lot 15, Block 1 and is eligible for reimbursement as a saniIary sewer coIledion line in accordance with the Platting Ordinance. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer Collection Une Extension Construction and Reimbursement Agreement (see Exhibit G) with supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Sewer Une Reimbursement and supporting documentation is attached (see Exhibit C - Sewer Une Reimbursement Application ). A description of the work and reimbursement calculations is shown below: OFF-81TE OVER-SIZE OVER-DEPTH Approximately 104 6near feet of an off-site, over-size, over-depth 12--inch PVC sanitary sewer line will be constructed beginning at City Ufl Station #5 and extending south to approxmatefy the north property line of Saratoga Center, Lot 15, Block 1 (see Exhibit D). ON-SITE OYER-SIZE. OYER-DEPnf Approximatefy 560 linear feet of a 12-Vlch PVC sanitary sewer line will be constructed beginning at approximately the north property line of Saratoga Center, Lot 15, BCock 1 and extending south to a proposed manhole near the south property line of Saratoga Center, Lot 16, BIock1 (see Exhibit D). In accordance with the reimbursement criteria in the Platting Ordinance, the development of Saratoga Center, Lot 15, Block 1 is eligible for a maximum reimbursement equivalent to 50 % of the mathematical product obtained by multiplying the pipe diameter in inches by the fee value of the property. The total acreage of lof2 Exhibit A Saratoga Center, Lots 11,12,13,14,15,16, Block 1 was used in the calculation of the fee value to extend the sanitary sewer collection ine to the furthest point of the platted Saratoga Center area. The maximum reimbursement is, (12 X $2627762) X.50 = $157,665.72. The Developer submitted a construction cost estimate of $84,359.55 (see Exhibit E) for 104 linear feet of an off-site, over-size, over-depth 12-inch PVC sanitary 5e't\Ier collection line and will be reimbursed 100% of this cost. The developer submitted a construction cost estimate of $100,600.01 (see Exhibit F) for 560 linear feet of an on-site, over-size, over-depth, 12-inch PVC saniary sewer collection line and a construction cost estimate of $31,037.08 for 560 linear feet of an &-inch PVC saniary sewer collection line. The total reimbursement to the devetoper for the cost of the on-site 12-inch sanitary sewer collection me is 1he <ifference in cost between a 12-inch and an 8-inch sanitary sewer colleclion rille or $69,562.93, which is the difference between these costs ($100,600.01 - $31,037.08). The total reimbursement is $84,359.55 + $69,562.93, which is $153,922.48. This is less than maximum reimbursement amount of $157,665.72 permitted 17{ the Platting Ordinance Reimbursement would be payable upon completion and accepl:ance of the sanilary 5e't\Ier collection 6ne work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $153,922.48. 2of2 I Exhibit A I R ! ~, , ' ; Saratoga (SH 357' .0 ~ <( n. I I- w m c <( ~ >-- z o :::; I o n:: <( CITY LOCATION MAP Not to Scale . Exhibit B Page 1 of 1 j--),....Wlt ~: '\PP~IC~IJQ1.IO..B..-SA" [TART' SEWER LIl\E RE1:\!Bl1RSEvt.ENT \N, Ford TL' O~1cr<:\1n):!. m\ fier and developer of prop(l~..:d S:tr;uoc,a C Clitcr_._~Q.l_15. Block I ::-.:11'01'. ,lor. hcrcth fcquesl rClrnbufSClllCII( :,t S ]:'3 q22 4~ fOf (he 1I15[.111i1T10l1 of the colkctlol1 mi\11l ill on,\II,:'.'(1' ""ii, . $:\r:lln,.,gl_Ccnlcr. L01_!>. I;3lock L. Sul)0'\'I~""" ,'" I'r(h.dcd for by C,t~' Ordinance '-.;0 1091 Sot:! S _I )3,9_n.,_,,~. 15 the COIlS\I1JCtIOIl cosl ncluCln,,: 7-I,2"'~ Cl1glllccllllg, III i;XC(;S:; uf thL lotiacr',.lgc I~c. 35 shown h, the cost SllppOlllilg dOCllill(;l)ls <JlIach...J here>"." h >ORD rEX O~T",(' ~~' _"-\ ~\ ()C__ Date Doug F rlchng Ford Te, Opcratng THE STATE OF TEX '\S '=- \ COU:--'T'r OF ~~,s....Q~ ~ TIllS ,[,strulllLllt ,",as acknowledged hefore me 011 FUfej ! e, Operating 1;1.. _ ...:L. :wo~ b\ Doug Flelmg, /-:"-~ .{,<,,:".-:~(.I~" PATRICIA HAVERLAND I:P'*'\.~' l*; ~1t' NOTARV ~U8L1C \~\ ~.:'; SteIG of TexBS '~~_,::.-Icomm. Exp 07.28-2008 ~/. .~' /~1 c.-! ,i 'L 2.IA d 1'-t1 _ _- ,--- '\iolarv Publtc III and for the Sink ofT.:...:;]!' Ct~R'l1 Fie A TION Thc onjOllnatloll sublfllttcd w,rh the ::IppilC311on for relmbursemcn( c(O"ree RCll11burscm<;;nl I~ subJect tO~Ql/tPe h,n" ~;N e (,'I sufficlCI1Q Clf funds In lhc lir',S tFtilllAI ~1..I"S Tnlsl Fund a..d (b <!vpmpnate ~ apVTo\lil.l bv the (It'< Coullcil ?~ hJ5 bu.;!) ru Ic'wed and determmed to \)e ___~LJ((/r l)~~l ) I Exhibit C ] Page 1 of 1 \ >- IX ~ : ~ ~U')\, ::r: <.;;) u..J /....,.., b:w:::'::: ~ w:z:~ q- O::r:<( ~ I-:z: '" .....Ja...- .....JUJi=: 202 <:( I-I-~ :~ <<-" ,Y ~~~ :2 """:<'oWL ~-U') 11110 ~~I- I \ " 'i d f ~ ~ ~ I: ; 'g. m w ~ ~~ a:J .~ ~ w W ~ Iii: .8 Zo ~ ~ 0:" ~ ~~ ~ ~ :J ~ ~ ftl .- ~ 110 I~~~. a w Q ~I~ ~ c!JO ~~-,- .. \1 , (, '. ''';: "" D ~~ : I I 46411e" -.Pvc c' 90" X ... oN ~ ' , ,..." /r-v I ~1 -----~l i) ",n i-LJ ~ r I-- =: - - - - -t---~ - - -----' -------- ~ to ~:..:: :::) u 130 J ~ Ii") -q:6 ) ) c..') - Z i= r io ex> II .. ~ ~ (') (/) ~ ..... ....:: < C ~ U ~ ....:: ....:; '-, "- \..;, ~ ~ ~ ~ ~ ~ ~ ~ ~ t/) ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ c (f) ~ W I- I Exhibit 0 ij Page 1 of 1 COST ESlWATE OFF-SITE SANITARY SEWER EXTENSION SARATOGA CENTER LOT 15, BLOCK 1 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL -~._---- PRICE COST 10% 1~~1 n 11~q LF $88.00 $10,032.00 441 LF $24.20 $1,064.80 t 4.iT TF $8.80 $387.20 40 I --1 ------ 1 1 EA $11,660.00 $11,660.00 --c--+ -- 1 1 i EA $6,600.00 $6,600.00 ---'-4 --- ------. 70 ?!_~ _ LF $440.00 $33,880.00 1 1. LS $14,850.00 $14,850.00 A. SANITARY SEWER IMPROVEMENTS: -T--112t1 PVC (10'-12' Cut) _ - - 2 ,OSHA Trench Protection 3 I Class '0' Emt>edmenf _ -~------------- ----- __~_14' Diameter Manhole (10'-12' Dee& __~_ Tie to Existi Manhole (Inside Drop) _6___ _ Bori under driveway (12' ~eep) _ 7 ,R~~lmprov~ments _@_Offsite , -----+--- --i- SANITARY 'SEWER SUB-TOTAL: j- - E"!<3INEERING FEE@7.5%: -...-------- --_.._-~ $78,474.00 $5,885.55 $84 358.55 CamRett Corp_ 710 Buffalo, Suite 510 Corpus Christi, TX 78401 1-361-853-1875 II Exhibit E J Page 1 of 1 COST ESTIMATE ON-SITE SANITARY SEWER EXTENSION l1E~tEstirUti aid~:':~~ 8.rv~-~~ -: I QUAN. I QUAN. + UNIT UNIT TOTAL ---~------_.- + 10% PRICE COST ! i 011__ service area. -~ - i - ._---~- , A. SANITARY SEWER IMPROVEMENTS: -'12" PVC (10'-12 Cut)----- - ----------------+ -. .---,---- - 1 560 : 616 LF $88.00 $54,208.00 -t-----. -- .---~--- ----------1 ---" 2 I OSHA Trench Protection --d~t 616 LF $12.10 $7,453.60 - -..... ----+-=-:------_._--~~~ -- ----- _ .3 i Class '0' Embedment 616 LF $8.80 $5,420.80 ~---_._..__._- -- 4 4' Diameter Manhole (10'-12' Deep) 2. 2 , EA $11,660.00 $23,320.00 -I --- -_.~_....- 36 SY $71.50 $2,574.00 5 I Cut and repair Driveway Asphalt i 33 . - ---l- - --- -- _~!_ LF 6 _lCljrb & ~Utt~ ~~f!Ia~r:n~~t 20 $27.50 $605.00 ! ---- -" --- I Subtotal r - .----t -~- $93,581.40 --'-T-- - - ..L-- 1- - -- -- "------ ...-- ----- Engineerina Fee ~ 7.5% $7,018.61 TOTAL ESnMATED COST IMPROYMEMENTS: $100,600.01 i---- t I - -- -~ +---~- -t--- -----------t . I lEathnate at depth requi~ to &erv(t_ : I - i only On-Site facilities. ----.--...-......- ----~1 -. . - i--- B. SANITARY SEWER IMPROVEMENTS: I -1 18" PVC (5'-8' Cut) ~._--_.._._.__._...- -==-=:560 J--~=- 616! LF $24.20 $14,907.20 I----~---~_._--- -'616T LF $5.50 $3,388.00 __2_.iClass '0' Embedment ___ 560 ---- -~ $3,850.00 $7,700.00 _3 t' l:!.iameter Manhole (5'~' Deep) 2 2 I EA -------- ---- --.~__l--c__c__ 4 Cut and repair Driveway Asphalt 11 36 I LS $71.50 $2,574.00 .._- - ._---~---~--._--- _____n_ $27.50 $302.50 5 ! Curb & Gutter Replacement 10 11 LF ___d. + __ ~~~__~n___ ~ _ ----- -- -.-0--- i 1-- -- j_dn_ --. ---i- Subtotal $28,871.70 ___L- i_~_ t [Engineering Fee @7.5% $2,165.38 I-- TOTAL ESnMATED COST IMPROYMEMENTS: $31,037.08 --- - ..---.-.-----------r------~-'-- : --- - -~ i ~- IRequested reimbursement for over...izelov.r~.pth installation: $69,562.93 ~- -- -- L.__... _ _L . __~___ I -- -_.._~ -- -- - "----- CamRett Corp 710 Buffalo, Suite 510 Corpus Christi, TX 78401 1-361-853-1875 I Exhibit F ] Page 1 of 1 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construdion 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 Ford Tex Operating rDeveloper"), of P.O. Box 1377, Taylor, Texas 76574. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 1.521 acres called Saratoga Center, Lot 15, Block 1, located east of S. Staples Street and south of Saratoga Boulevard, as shown on the attached Exhibit 1; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the oversized and over-depth portion of the construction of a Sanitary Sewer Collection line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the oversized and over -depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1 REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2 PLANS AND SPECIFICATIONS A. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the offsite and oversized, over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: I Exhibit G II 1 of 5 (I) OFFSITE OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE L Install 104 linear feet of 12-inch PVC collection main. II. Install 40 linear feet of OSHA Trench Protection. III. Install 40 linear feet of Class '0' Embedment. IV. Install one (4) 4-foot diameter manhole (10'-12' deep). v. Install one (1) tie to existing manhole (inside drop). VI Install 70 linear feet of boring under existing driveway. vii. Remove and replace off-site improvements. (II). ONSITE OVERDEPTH SANITARY SEWER COLLECTION LINE Install 560 linear feet of 12-inch PVC collection main. II. Install 560 linear feet of OSHA Trench Protection. III. Install 560 linear feet of Class '0' Embedment. IV Install two (2) 4-foot diameter manhole (10'-12' deep). v. Cut and Repair 33 square yards of Driveway Asphalt. VI. Replace 20 linear feet of Curb and Gutter. B. Before the Developer starts construction, the plans and specification for the Sanitary Sewer Collection line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the Sanitary Sewer Collection Line, Developer will acquire and dedicate to the City 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. 20f5 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $153,922.48, of the Sanitary Sewer Collection Line within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Collection Line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction. 7. INDEMNIFICA TlON. 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 Disdosure 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. 30f5 v:) EXECUTED IN DUPLICATE originals, this DEVELOPER: day of ~ ,2005. By: Ford Tex Operating THE STATE OF TEXAS COUNTY OF NUECES was acknowledged before me on Dee... \ 3-\10... ,2005, by ~J>.f&I!<.\ i*i :*! \ II .. .... l" JUAN REV GUTIERREZ MY COMMISSION EXPIRES May 4, m '\ tAu lJ c.o IJ~ IX Notary Public, State of Texas 4 of 5 ATTEST: THE CITY OF CORPUS CHRISTI By: George K. Noe City Manager Armando Chapa City Secretary Approved as to form only p,~.J~ ~ I 5 ,2005 ~J1t4---/ Joseph amey 1 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 5 of 5 R >- w I ;!c If) 0 u 5 LOCATION MAP Not to Scale II Exhibit 1 II Page 1 of 1 ~-~-, ((~ ,: .~ '!f.' . M \,r d ~'\ r 0\ ~~~ I: ~ c .C QI " c .5> m ~ ~ II CD c w ~ c 0 Z 0 I .. -e ::l I[-~ C>:lr "'" 11. ~ .0 Zit: '" \l") :>> w 8 10:= 0 0 N !ll=.. ~ w 0 ~I~~ ciJO \.~- .: . --_!' ., '--~ ,~, ~ ~ D > II ... H -,;0;. " ~'. : ><." ".: .. ~ . ~di';_PVt_C_-90':' X .... 41 ~ ~ ~ ~ "1' <1S ~ f2v> \." i~ ::I: (J;O UJ , ~ I-w:.c ..q- Eh:z:s '" ~~~ ;:: :::> UJ. j5 U l.L.Clz <C ;0 ~!;c ::E f~? l.l')N.~ ~ "-~5: ~ "":(ow L", ..- ..- V> 11110 Li~1- (..........f.-~_,. '-' ,~- 'lJ_ '_1111 ~ ~ ../ l ) ~-~~ c_ tJ ~ o M ~ Q @~ U~ >~ ~rJ1 ~ Z ~O ~ c.... ~ o I.C If) to ..- :.c u bO -'~ t: f- ::::) '-'-! :::> in '} ""'" 1 .... ____ L__ ~ ~ ...:; ~ -...; f:: v ~ ...:; ....: r- .... ~ w ~ V> ~ ~ ~ i ~ . . ~ ...... ...... ~ s: ~I ~I ~ ~ l- (/) ~ :c u (/) ::J a.. ~ o o (f) <{ x W I- II Exhibit 2 I Page 1 of 1 r= 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 City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA" FIRM NAME FordTex Investments, Inc STREET POBox 1377 76574 FIRM is: 1. Corporation xxxx__ 2 Partnership 5. Other CITY: TaYlor ...ZIP: 3. Sole Owner 4. Association 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 "finn". Name Job Title and City Department (if known) none 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 "finn". Name Title none 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 none 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 "finn". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Doualas W Frielina, CFO Title: j,--i_,j ,.-' ,t~r :, t t r't-o. SC Date 12/13/2005 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. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. "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. ORDINANCE APPROPRIATING AND APPROVING THE TRANSFER OF $800,000 FROM THE SANITARY SEWER TRUNK SYSTEM TRUST FUND NO. 4220-250410 TO THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-250420 IN ACCORDANCE WITH SEC. V.B.6(h) OF THE PLATTING ORDINANCE TO ESTABLISH SUFFICIENT FUNDS IN THE COLLECTION LINE TRUST FUND TO CARRY OUT THE PURPOSE OF THE PLATTING ORDINANCE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City is authorized to appropriate and transfer $800,000 from the Sanitary Sewer Trunk System Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Sec. V.B.6(h) of the Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Platting Ordinance. 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 effectiv~administration of City affairs and (2) suspends the Charter rule that requires consider tion of and voting upon ordinances at two regular meetings so that this ordinanc is passed and takes effect upon first reading as an emergency measure on this the oth day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form only: ~.I___ {(' ,2005 By: I~(h Joseph arney 0 Assistant City Attorney For City Attorney Ord-Trnfr-SanSr2.doc 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: IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Ord-Tmfr-SanSr2.doc AN ORDINANCE APPROPRIATING $153,922.48 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-250420 TO PAY FORD TEX OPERATING, FOR THE INSTALLATION OF 664 LINEAR FEET OVERSIZE, OVERDEPTH 12-INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP SARATOGA CENTER, LOT 15, BLOCK 1, (MONTANA MIKE'S STEAKHOUSE); AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $153,922.48 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 is appropriated to pay Ford Tex Operating for the installation of 664 linear feet of a 12 inch oversize, overdepth PVC sanitary sewer collection line as specified in the sanitary sewer collection line extension construction and reimbursement agreement to develop Saratoga Center Subdivision, Lot 15, Block 1, (Montana Mike's Steakhouse). 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 20th of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form only l)n.J-- I ( , 2005. By: _ /~ Ih/ Joseph arney C'.l Assistant City Attorney For City Attorney H: \LEG- DIR \Joseph\Ord-appr-StogaCtr I.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 I 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-StogaCtr I.doc 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 20, 2005 AGENDA ITEM: A. Public Hearing to consider an ordinance amending the Zoning Ordinance by adding Section 26.9 to allow for development of single family dwellings on non- conforming lots of record. B. First Reading Ordinance - Amending the Zoning Ordinance by adding Section 26.9 to allow for development of single family dwellings on non-conforming lots of record. ISSUE: The Zoning Ordinance does not allow development of lots whose area is less than 4,500 sq. ft. and less than 45 ft. wide. The proposed amendment would allow development on smaller, non-conforming lots found throughout the City but more predominant in older, more developed areas of the City. REQUIRED COUNCIL ACTION: The passage of the first reading of the ordinance amending the Zoning Ordinance to allow development on smaller, non-conforming lots of record. PREVIOUS COUNCIL ACTION: None PLANNING COMMISSION RECOMMENDATION (12/14/05): Approval FUNDING: N/A RECOMMENDATION: Approval Mich IN. Gu ning, AICP Assistant Director of Development Se Planning BACKGROUND INFORMATION Additional Information: The current zoning regulations specifically restrict residential development on residential lots smaller than 4,500 sq. ft. and less than 45 ft. wide. A city survey of vacant lots shows over 3,500 lots remaining vacant and undeveloped, many of which remain in older sections of the city. Redevelopment of these lots is appropriate for in-fill development with affordable single-family housing units. However, under the current regulations these lots remain undevelopable. As part of a Council request, City staff began looking at several affordable housing alternatives for many of the citizens who fall below the poverty guidelines and can not afford to purchase a home in the standard market. These citizens thereby continue a cycle of rental ownership across many generations. Studies have shown that the redevelopment and revitalization of an area begins with increasing homeownership of its residents thereby creating an environment of pride and self-initiative. The proposed zoning text amendment would allow development on smaller lots in established neighborhoods thereby becoming a viable source of taxable property to the City, school districts, and other taxing entities. In addition, it would allow for the revitalization of some areas of the city that have been the focus of several successful Neighborhood Improvement Projects in order to continue sustainable focus and change. The proposed text amendment is presented with clear direction from planning staff and outside consultants that small lots are not intended to create the proliferation of row housing in areas already plagued by hardship. The goal is to keep restrictions in place for minimum side, front, and rear yard setbacks, while maintaining the viability of the lot for development. Staff has reviewed several residential architectural plans that would not only fit nicely on a small lot, but also blend with established homes in its vicinity. H:IPLN-DIRISHARED\Sylvia ArispelAgenda Items\Small Lot\12.20.05 small lot text.doc 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING SECTION 26-9, TO ALLOW FOR DEVELOPMENT OF SINGLE FAMILY DWELLINGS ON NON-CONFORMING LOTS OF RECORD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20,2005, for the first reading and on Tuesday, January 10, 2006, for the second reading, 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 adding Sec. 26-9, to read as follows: ARTICLE 26. NONCONFORMING USES ***** Section 26-9 Nonconfonnina lots of record. (1) Authority to utilize for single-family residence. In any district in which single-family detached dwellinas are a permitted use. notwithstandina the reaulations imposed by any other proyisions of Article 26. a sinale-familv detached dwellina which complies with the restrictions of this Section may be erected on a non-conforming lot that is not less than 25 feet in width or more than 45 feet, and which: (a) Has less than the prescribed minimum lot area. width, or any of them. but not less than 2,500 square feet and (b) Is shown by a recorded plat or deed to have been a lot of record owned separately and individually from adioinina tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zonina or other ordinance; and H:\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG.DOC 2 (cl Has remained in separate and individual ownership from adioining tracts of land continuously as of the date of passage of this amending Ordinance. (2) Regulations for single-family use of non-conforming lots. A non-conforming lot authorized to be used pursuant to this section may be used for single-family dwellings and oermitted accessory uses thereto. Construction of such single-family dwellings shall comoly with all the reaulations (exceot lot area. width) aoolicable to sinale-familv dwellings in the zonina district in which such lot is located. except that the following reauirements shall apply in place of the reauirements otherwise applicable: (a) The dwellings shall be placed on the lots as to provide a yard on each side of the dwellina: (b) The sum of the widths of the two side yards on such lots shall not be less than the smaller of: 1. Twenty-five percent of the width of the lot: or 2. The minimum total for both side yards prescribed by the bulk regulations of said zoning district: and (c) No side yard shall be less than three feet. (d) The single family dwelling and permitted accessory structure shall be no more than 2 stories or 26 feet in height. (e) Minimum fifteen (15) foot front yard setback. * * * * * SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 2th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. H :\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG.DOC SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG. DOC 3 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of I 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 I 2006, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Approved as to form fl,......J......- I ( By: ~l~/ Joseph arney "6 Assistant City Attorney For City Attorney Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2006. CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor ,2005 H:\LEG-DIR\lOSEPH\ORD-NONCFG-LOTS-ZNG. DOC 29 CITY COUNCIL AGENDA MEMORANDUM AGENDA I rEM December 20,2005 '3 rJbllC He::nng to onside' amE-:",dmg the'96i Master Plan for Storm Drainage for the Area South and West 01 the City of Corpus Chnstl to extend Master Channel 27 from Airline Rd. west to Clmarron Blvd and expand the Master Channel 27 drainage basin to 1137 acres for a 1 DO-yea: design ana b Ordinance approving the amendment to the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Rd west to Cimarron Blvd and expand the Master Channel 27 drainage basin to 1137 acres fnr a 1 CO-year design ISSUE: The amendment to the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi by expanding the drainage basin for Master Channel 27 is part of the City Comprehensive Plan subject to Council approval Staff is recommending that this item be tabled until ruesday, January 24, 2006, to allow time for coordination with property owners and developers RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments' Exhibit A Exhibit B'l Exhibit B2 Exhibit 83 Exhibit 84 Exhibit C 1 Exhibit C2 Exhibit C3 Exhibit C4 Exhibit D 11y, AICP or of Development Services Background Information Mary Carroll Channel Drainage Area Master Channel 31 Drainage Area 1961 Master Channel 27 Drainage Area Mary Carroll, Master Channel 31 , 1961 Master Channel 27 Drainage Areas Proposed Mary Carroll Channel Drainage Area Proposed Master Channel 31 Drainage Area Proposed Master Channel 27 Drainage Area with adjacent channels Proposed Mary Carroll, Master Channel 31, 1961 Master Channel 27 Drainage Areas Proposed Master Channel 27 Drainage Area and channel alignment AGt- 1\IDA MEMORANDUM l\DDIT10NAL BACKGROUND INFORMATION SUBJEC f: Amendment to the 1961 Master Plan for Storm Drainage tor the Area South and West 'I ltle (~,;l Ul ,!(,U~ nn;-,tl HACf~ie! .iicififle! \-\i',} BACKGROUND The Bond 2004 Street Improvement prOject for Cimarron Blvd, Phase 1, and continued development In the south side resulted In a need to reassess the drainage outfall capacity in the area, The two major stonn water channel outfalls draining this area are the Mary Carroll Channel and Master Channel 31 These channels are limited to 5-year (ditch) and 25-year (structures) stonn events f""SUltlng It; frequent flooding F:xpansion of the Master Channel 27 Basin is proposed to accommodate the excess storm water and increased flows from existing adjacent systems and new developments Master Channel 27 IS designed for a 1DO-year stonn event and will provide relief to the adjacent drainage areas by Intercepting a significant portion of their stonn water run iff ~X!stlnge.C!?ins fhe drainage basins for Mary Carroll Channel (see Exhibit 81) and Master Channel 31 (see Exhibit 82) are contiguous to the existing Master Channel 27 drainage basin (see Exhibit 83), The table below shows the size of the drainage basins and the stonnwater run off in cubic feet per second (cfs) generated by each basin iMary Carroll Channel Existing Drainage Basin Area Run Off Storm (acres) i (cfs) Event _________J _~___~____ 2467 i 2374 25 Year I i 1 14-73 1068 -r25Year i _ __-[I 666 r -533 is-Year- (?~7) [Master Channel 31 ["--- - ------- ---- I Master Channel 27 B. " Proposed Basins The Master Channel No. 31 drainage basin has experienced substantial development within the past three years, Continued single famity and mufti family development requires an increase in drainage outfall capacity, Portions of the Mary Carroll Channel and Master Channel 31 drainage basins will be rerouted and induded within the proposed Master Channel 27 (see Exhibits C1 and C2). 370 acres from Mary Carroll Channel and 170 acres from Master Channel 31 will be included within the proposed Master Channel 27 (see Exhibit C3), The resulting reduction in size of both drainage areas will provide significant relief in the flooding periodically experienced in both of these basins. EXHIBIT A fhe proposed Master Channel 27 IS desIgned for a 1 DO-year storm event and will provide the lddrtionCi)utfalJ 'he 1rle bpk)\ ShO\NS hatr the reduced size of the Mary Carroll Channel an(j Mas>::;r Cl,anlel 31nage lJaS!ilS,md the reduced runoff generated Conversely, the table "haws thp incre;:JsP in <;!ze and 'lJfloff for the Master Channel 27 drainage basin A graphic depiction if it;::: ld~,}ic; IJ .::1, tU-cC'-Jj i L....h.L-1 ~<..... Propclsed Drainage Basin !Mary CRrrol! Channel l),rea (acreSI 2097 Run Off Storm (cfsl Event 2018 125 Year Master '.har1i+ :: i 345 Year Master (~hannel 2' 1 ~ 37 1 990 i 1 00 Year C.,Master CDanlJ~L27 The plop)sed drainage b",sln fA Master Ulannel 27 wIll encompass an area of approximately 1137 acres (see Exhibit D) It Includes approxImately all of the area of the original Master Channel 27 drainage basin plus an additional 540 acres The majority of the additional drainage basin area is located between Cimarron and Airline Roads The additional drainage basin area is generally l)Oc.incJec: toY Brigl'.),; "/!lat,6 ::>. bdlv'is: , the vest '3aratoga Rd iSH 357) on the north, Airline Rd. to the east. and i Ipes Blvd to the south EXHIBIT A / T i8~r, PS I'" ~5 )\~. 0,~~,:+.i .:'.V ~,~~__~, ~...\~_,~-,-~ ~_~_ t- Cl ~t. . - ~ ,~ ~ ~.,-- .....,.:l~ ...'...., \ I' ~~ .~ J: " ,~~X:",,).. \. I~-~ ~ ~...~~:'<' ~:~~, '~~ ~ ,~~~~' ,.~t:~i '~c;1 J ~ .:<:~ ~ "':~~1l:"'~".::; ~'~~,,~ ~ 7' Ii,! ;;~~ II ,<'\ - '\-~I \-- "''''~.~~~';;'' ",,-;~ !i~1 ! \' IldjJ ----:l....-Jt k~<~~~:"z~~~ ~:\ :"'\~i~ I I " . Z~ I ~~~~~~~'('; ,;,~:; L tr:nl- / ~~~ ~,~ ~.~o~~~ ~'~~s.~~~.i j~-- J C'~Ol"< oao~] I / " ,', ~...< ~~t~ ~.... .~.~<~'~ rT~ ff ..--: .J.Y-' ~~ ~.....~~~~~B~~... ..L :{~ ~n ~~-JI- R~' ': ~ "~~~ .~~~ '" ",j" - n ., ,. rs::..~ ~ ~~~~"S ~.~ I'i< ,W.>;'- ,<. L ~~~~~~~~ r V ~: ;;. I I!~ - ~~~ "~lll" < I, _ - I ~" ;~ ~ ~~'" < ~~.:;: ~~~ ~'< ~~~,,:'< ",~"!l,~ ~i " ~- .'0X " :{',~ ,,,^ ~~~~~ ~ ~~ ~ ~ ~ :< '~ ~. ~ ~~'<~~~~ ~<::~ ~.~~~~ 'j ~ ~~f?~~"~""~~& ~~i~~~~,~~ ~ j~ ~~~"^'aN~""~~~fm k0~ ~<,~ ~~~~ ",<,~ . wz< wz< 0 ~~;~~~~~ ~~~ ," ~~"t I e. .-=:=-= ~~ ---J ~~<~~~~~~'\ 0: ~~~ - ~:\~~~ ~~ ----- I 6~ .~ ~..~ ~c ~~~~~~~~~~'\ ~~'~~ .~~~~~~ i~ ~~ ~~~ ~ ~~'~~.~~~~~~>.- ;l2-.~ ....-... 1~--' - I ~ ~,,\,~~~ 'i~~." ~. '.., ;; "' ~~:_~~ J:J!! j\lrMJ ~&~~ ~~~_-<. ;1 ~ : ~~~~~~ l ro~ ~~~~~~ ~ ~ \>~~ ~~~~~ , J 2 o ~'~~~0 ~<~~~~ ~, ~ ~ S31d'ilS I [~ vvvl .5 S31d\flS ..~.. J i ! I EXHIBIT OJrB11 ~~ :?~ ',i ~ ,] it'.... .,. ~:; ~ I t- L "f'..~>" ~ /:.' /. ~./) J'. .. r'" .4...... /1 ~ r. .... u: \ rj. > /;./ c...~..4;?' \ f' . ". //'" I, '. .;...J; .,;~/ t. t . ."r:1/// : '; :t.. ,'.1 . . ~..;.;;;'. ;..'/~:/; / / :;:;, : I, ",' // / " /',,~,/ ~ ,. I?~J! Ll~~~/ 1: \ , 1 ( , · ~~ c I ~ \'St< ~~~ ~i ~~- ~ .'~ " 2:~~~~~ ~.. 'I Hf' ':.:.' L___'- f / t ) 1 ~ rfJ~ -~/ i/ ~/i -L~ --~,~ -'r'~-;~.~ - ~ / t 1 - , " ( ~ ~ ! ." \ /" /' H ,/ ?tff , - -1 ! t i :' ~ 'r--'\ 1"'1 \('')) e't- ;;; " CL <( @ ~ I t ~ ")- ;l l1i;=rJ{. ' ITT1 ~' A;'(_/ ~ c ~ ~ ~~~~ Ui~ - G (lH O~ l' -J (Jam; =;i~~~-l · L_J '.,-____-L .~ 'f I "- '" ~ - "-.Mf);:-':':'" ~ " " o ., ~ ~~ 5~ Z' <tJ; U.., ,uJiT 8 J ~- =11 IT . I L,-, LJ 1'.~ ) , I ~ ~ , --~ I ~ · ~!ll II [~ 1rJ w ~ ~ ~~ - , a > m ~ C ~ ~ ;;, :::~ ~~ / ~ ~ c ~~ o - -> m w " 3 " ~~ w~ ~~ " o g;;, d ~~ ~g ~ z _ f?wi ~~; z . ~ . '~-- I "- il ~:~ i"1 ' .,,< ,I wi I ~o; , "I CD :' 2 I_~! ~ z ~ ~1- ~ ~ ;;' , @ '" w '" ~ ~ o~. 0......5 ~~~ " .--=" ] ~, ~~~ t:15~ tf.IZ<a: ~:Je~ o > z I EXHIBIT B3 -",- j ~ r ."i S"li,;I',;1 ~ 5 a ~"",. i "~ . I ;, ~ I ~ I j ~ . 0\;"1 ~ !'li~;,':: '- ii ; /';f;'J J ~ g ~;~ ~~ .... ~ ,;/~ / :L ~ ~ ~ ~" ~ :; "~'-----c--~:~I:'~b~~~I/. . \~~-'G~ . F '. '-: '. r. ';/ /; lz 7/ ' I~ ... . Ix XcX' . . //,~ < %;::]~ ~ t . " :tc" 4''':2:< >1', t; /' //'/,-1[l! % ~A: . . i~,)~,% 3S;~ v/;;;;;;b: ;<:!~~ ~'..~.~'I" ~~~~~. "'~ ~" ~ ^< ~~~! ~....~~ ..::j..,~.:c,. !;i.~,,~ z -, '/ ;% W~I L~:~ .:::~~~rK~~"" m I~M lil" V:1~~ '\~ "'0., < ..h < ~ X." ./ 1//// v;:~:/;/0 ~~" } 0.'~""~ SS.". " ~ v ' 'v ~/ ~i1 ..." ~ >C:;"l'~~R< i>&;x>> ~ . i '30<> "'" ~ .~ ~/// 7;;; i; '~~~,""",,~> >69%?;: . ! ^ ~. 0 Wij~ ~ ~~12:~~~~~, y ">,1~ ' ~ ~~ ~ I K,~"',< ~~~C:;>"'~, .S^ ~/ z /~:/;;;; ~ ~~>~<t~ ,%~~ ~/~;;t~~.L_ ...,~~ :~~~".~. ?~~ 7//~;/~~l~W~ :".S>~l"'~:0; ,: " '/~ ~% ~// V..'ij< V ~/~ ~I">~~t"'> ~ ... "C;; ;';W0:/~!v :;//~ ~~'f'<<S'?;0>~0:.' ,~ ~ ~ ~~~% ~ R>~'k...s~2l~~;~>>.>(' pjij(: . 'l/ z..W4i 0/ ~/ (:"/:;//.0% ~~\~t~~~< .~~ .~.~ ~~./ ~~ L~~ ..~.~~~~~~, ~:~~~::ra/~~J~ .0- t<22~' ~~.~ .....,,~, >>,~~ ~"," ~ <<0 :////::;,t ;:;;; ~~ '// ~~:~'1<.~~':I~>~[~~\'i' r%~@~// "'1 'l~0J?l / : ~~IK~,,,,I\.""'\:~. ~~ .{<." ,,-,,~~/j 3:; ~/-' < /; _ lX.'<'~'SI01c,~~",-....,.,., :0;: J~~"...~;::;~/ ://~~ _ 7 ;; _~ ~ ".<~..t;..", ."~,-:<:"..,.'z,,, ;~ '~""V/ ~~ 701 0:; r 0."-. ~~~~~"f?\i~~'" 0{4'1;/. .. (/ ~i~;.I'~_~~~ ~~1~W~~ ~3~;~~ ~ ~i ~ ~+. 't..'0"" !~ ~>;~i", :i ~/< f?1 / <~0;;~// ~~ /,?<< : /'o.C~'/ '" "f~ '["~ ~~~~~':J%il{:;V' //'~Y0;:/'- ~:~'~~~~~~~~Wi~~~ ~~>>~ T ,~~,~ ~,""""'~~/cc. ;;'V/W~~M;, j I ~~~...~ ~~:"'2 ;.;./; ;;:::///~v/ij/<,// 'l '/ 41 !" t ~~~;>c, i>: ~ ~ ~ · ///; //////~ "_~" EXHIBIT..s.:: rJtC1- ; I! ~~s.."".:c~S~..."".,. ! -I _ rr ~ ~ -;"<; S',=1 12m ". -'-~,- L_~____ - L __ '- r--. ~.. ::......-::;<.-o:~ "'""~~~ ~'::"'l r., ~... . ... .: " '. ..... ...... i ~',~. 0 .'~' ':~< : <'. . .~\>,~,. x.'", ..... \ ~.,~ ,<<""":<~'0::.<t;,.'1('~"~'"' ~ ~:'~'~. '...~.'>..."...~...:.<'''.'''.......~~.....~c'~.~.'~..~.~.'. f~..~.>K'. '. ~..".'..~' ~<~,~ ...~... 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'" ~~~~ ~ %~~ I ~,~ ~'.~J ~,~ l~ Ii'" ii!! f?J : __ ~,['r~ )'"'' , I r :_- i4 -~ i ~ J I~ 1 OJ " w g ~ ~~ ~ (} ---:n v 11__ 'LJ' ../ ..........)1 ~ "" C"l, '100" V "\ ~"""-~Jl -~~ /~ ... , I ~ I,Ll I i I 17vvl 1S S"Ild\lJS : .' " '" ~~ > , . C- o ~,~ ~~ G ~~ ~ ~ - ,---- -'--- - - ~ ~ " ~ EXHIBIT C1 III 1- / ) I I j! . ...I_u1.'..... ~ Tn]; 'I ~'...." 1 ....'// j . ..L. 1 ! -.,~.... t\ , ---..J .. I . ! 1', ~ :;: '" ':i 'y c C N Z 5 (/<1- ~' 'i. 0' ~ ~ 100 , ,~'\t)~ ",.' 'f" .~.. .1 , /,/ </ ,,~ I // "t . / // /////<<"" ,'/////// '\ //y~'/~/ .. I. / ./V// /;j%~/.jX: / t ~ r' ///,,~/: '//'// . '~~' t//</;~~~~::/// ,~J~fl tuu-,2:."0W -r.-11i \ ~ 8, I /:/;% " , II \\~;; t I , ~ i~ ~ ~~ ' Ii: · 'L,; Ii Jj t " '5.~ ,I Id ~ ~ , .: lid" i il! I ,-; ~ I , . nUl i r. ~l. .J ,l=l~UI · · J~ 'i~~~ ~ ~ ~ ~< I . n ~_ ~, I I ; ,. 6 i · g ! . I I r' r \ \ ~ Z CL X. " . Z I t ..)< ~/' !, " j, !Ji/l. Jf~~~~ ,=F- ,1- r--, ~I I. 'I:: "'u . \ 1~:3~ \ O~5ai Wz oJ.. , <r. < Z II:! !QQ.;d f ~ {! 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'0" $il ~.-:/;; ~~MP~~ ~ " I- :::.....~~""~~! ! %W/W"/// 0.~~.~~~~~ ~~! ~ /~~W~ ~S:~~~~ i. I~~i /~~~W~ c:..""-:0-.::t' ~~r::.~"_o.""""",,~~ '-.. III a;jig /:iil/ ~N~: - W~~~~~~:'\ ~~~.., i~~;~/~~ /-/- ~~~ ~.'~~~''';~~~~~~:...~~ [ ~~~~~/ V Z ~ - . ~"..~ ",::...",~"\.,,::..&, ~~~~ ~"':.....~ ~/~~ ~~ - . m~ ;,~~~...~~~.>..~~ ~~ ]/0/({0- ~~~~~~ ~ ~..,~ ~~~ -. - --~ ~::~ '~..... ,'i'\~ 01',', ~,.::-:; . ::<u~ // /V/ /: ~m // ~ {.~~~~~~~~~ ~~~~~~ ~~~~~~'~~~-4~% .~~~~~~~~~~~~%~;~~t@&~~~@ /A;'lV ['.,,~ ,~~~~~~~~~..i ~1ff[if:fff!;; ,~~.~ ..~ ::-:; ~~ ~ '\~. :~ /~ ~, / /:; /0 ~//;~ <~~~~ ~ ~,~~'S::~\<.." / / / );;/Wd:;/~ M~'. i~s l"dV1S I 'I IS S31dViS EXHIBIT C4 . i.. ~......r~ \ ~ I i -; I I . ! , ~t ~~ ~-- I I ~-- I rl I 1 \- . -L~] N07"'"" I ~ J I}J o " 8 " o ]~ I \ \; ~- ~. L ~1, " g '" ~ ~ ~ i 4: r "' 4: l J o ~ ~ <:J 2 4: '" ;;; i~ ,"" @ r-..I..i , I ~I ,,~ ii ~ r~ .~ , o ~ <D ~ o i< '" o >- I /~! ~~ ~ ,. I ~- --I J zm" o<~ Iffi~ f3~& -~ w ~ e_"J ~,.,~~ :l. "'52 ~~&~ ~-=:! ~ z I AN ORDINANCE AMENDING THE 1961 MASTER PLAN FOR STORM DRAINAGE FOR THE AREA SOUTH AND WEST OF THE CITY OF CORPUS CHRISTI, TEXAS TO EXTEND MASTER CHANNEL 27 FROM AIRLINE RD. WEST TO CIMARRON BLVD. AND RECONFIGURE MASTER CHANNEL 27 DRAINAGE BASIN; AND PROVIDING FOR PUBLICA TION. 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, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20, 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 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi, Texas is amended to extend Master Channel 27 from Airline Rd. west to Cimarron Blvd. and reconfigure Master Channel 27 Drainage Basin, 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. H:\LEG-DI R\JOSEPH\ORD-STRMWTRPLN-C H27. DOC 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 /7~ /1 f.t By: A~11L Josep~ Assistant City Attorney For City Attorney Henry Garrett Mayor ,2005 H :\LEG-DIR\JOSEPH\ORD-STR MWTR PL N-CH27. DOC 30 CITY COUNCIL AGENDA MEMORANDUM December 20,2005 AGENDA ITEM: A Public hearing to consider and nominate an application to the Office of the Governor for a 2005 Commercial Revitalization Deduction allocations and consider the Corpus Christi Commercial Revitalization Local Strategic Plan. B Resolution nominating the following project to the Office of the Governor for Renewal Community Commercial Revitalization Deductions: (1) Corpus Christi Biodiesel LLC to receive an allocation for $3,210,000 from 2005 Commercial Revitalization Deductions for a Biodiesel plant located on the Corpus Christi ship channel, in census tract 50 on Marvin Berry Road (Exhibit "an) C Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. (Exhibit Ubn) ISSUE: A. As one of forty designated Renewal Communities nationwide, the City of Corpus Christi can nominate $12 million of Commercial Revitalization Deductions each year during the designated period. According to the Internal Revenue Service (IRS), the commercial revitalization agency (eRA) 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 (CRD) and is responsible for certifying allocations nominated by the governing bodies of the Renewal Communities in Texas. 8 ~ccording to the Community Renewal Act of 2000, local governments and states who have a federally designated Renewal Community in theIr jUrisdiction are required to adopt a plan for allocating the Commercial Revitalization Deductions The attached plan is similar to the plan adopted in 2004 and must be submitted to the Governor's office by December 31 ,2005. The plan specifies the process for receiving applications, designates two (2) time periods for submittal of applications. The new plan removes language specifying amounts to be allocated to small and large businesses as we are seeking the greatest amount of flexibility for the use of CRD allocatIons. tExhibit "b") REQUIRED COUNCIL ACTION: Approve the resolutions as presented. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Corpus Christi Renewal Community Local Strategic Plan and approval of the final 2005 project to be submitted to the Office of the Governor for a 2005 Commercial Revitalization Deductions allocation. {}7! mm= Oscar Martinez Assistant City Manager Attachments: Exhibit "a" Exhibit "b" Exhibit "a" Project Name Corpus Chi Isti Biodiesel, LLC Project LocatlOll Marvin Ben y Road - Port of Corpus Christi PrOject Census Tract 50 New Jobs Created 19 Total Investment $15,000,000 Placed in Service November 2006 Allocation Request $3,210,000 Summary Corpus Christi Biodiesel, LLC plans to build and operate a Biodiesel refinery producing 30 million gallons of pure biodiesel a year. The capital cost for process technology, civil and site support facilities, and perm its total $15 million dollars. The applicant is a wholly owned subsidiary of T exCom Resources, Inc., a publicly traded energy company with headquarters in Houston, Texas and plans to execute a lump sum turnkey contract for Engineering, Construction and Procurement with Lurgi for facilities construction and commissioning. The applicant has entered into a long term lease agreement with the property owner and is building upon the core competencies of the Corpus Christi Petrochemical base with an extension into refining environmentally friendly transportation fuels. Exhibit "b" ~ ~= Cih uj CUI pu:o. Cllli:;ll 2004-2005 Renewal (\ltl1l11l111it) i Commercial Revitali?ation 1 ,ocal Strategic Plan i I The Coordinating Responsible Authority (('oRA) tor the Corpus Christi Cr,mmunih will submit eontact information Ie the Office ufthe Governor. Renewal "2) The process for receiving applications is as follows: a) Public notice inviting applications for commercial revitalization allocations will be published in the Corpus Christi Caller- Times at a minimum of once a year indicating deadlines for submitting applications f'Or consideration for Round 1 and Round 2. The Pubiic NOliCC WIll provide applicanb a minimum of30 days notice of the deadlines to submit applications. b) Annual Allocation of $12 million of Commercial Revitalization Deductions to projects (i) Round] to be done in January of each year ll) Round 2 ( 1) Commercial Revitalization Deductions unallocated during Round One will be pooled and allocated to either small or large projects. c) Application information will be available by contacting the CoRA and via the City of Corpus Christi's web site. d) Application.<; will be reviewed for completion and considered only if: i) The building and its structural components will be replaced in service by the taxpayer in the Renewal Community and the original use of the building will begin with the taxpayer or the building will be substantially rehabilitated bay the tax payer and is placed in service by the taxpayer after the rehabilitation in the Renewal Community. ii) The expenditures of the project meet the statutory requirement of the allowable Commercial Revitalization expenditures. iii) Request of allocation is less than $10 million, 1\ i I hl applicant I:::' Ili good :;tandmg \\ ith the lcxas Comptroller 01' Public \CIO\lnJ c; :Hld ! hI' rcxa~ '.\nrkt0rcc ('om mission has confirmed that the applicant is current on unemployment insurance tax. e ! hi' ('nl{ i\ \Vili T"('Vlt'\\ the complctC'd applications meeting the requirements in ...;,,'tlon D )1' th!:-i plan and make lel.'l\111mendatioll.'> tJU'lmgh the City f\'1anger. as the \ () uf illi g\' \,'n ing h"d), to tIt'. [' ; (iul;cil bc;:"cd un till' E)lIo\'\ing \.:rikria. Il I he prOlcct Wl!l add value tt' 1!lC existmg tax base. H) The protect proposes to directly or indirectly create or retain permanent thll- time jobs in Renewal Community. iii I The project adds residential and commercial square footage in the Renewal Community. i\: The applicant has completed the project or has financing in place to complete the project. v I Th,' project contrihutes to the City's Area Development Plans! vi) Th(~ Applicant demonstrates active involvement of residents and nonprofit groups withm the renewal community, vii i The project is iocated in a Texas Enterprise zone, Reinvestment Zone, weed and Seed Area, COBG eligible area, or HUB Zone. viii) Project is eliminating slum or blight in a particular area within the Renewal Community. IX) Project is appropriately zoned. x) Project will be completed by the end of the second calendar year in which the allocation is made. xi) Applicant has sufficient income to take advantage 0 f accelerated depreciation. xu) Project is a public/private partnership between City of Corpus Christi and private business. xiii) Applicant commits to providing information on actual jobs created and retained as a result of the proposed project n City Council will review the recommendations made by CoRA through the City Manager and will consider approval of the applications based on the criteria set above at a City Council meeting. g) Within 10 working days following the approval of applications by the City Council, the CoRA will submit to the Office of the Governor the following documentation: I i A ~crtification signed by the City Manager as the CEO of the governing oody h,i' tilt: '~()\l"rninL h)(h ha-.; f()IImwd the pr'li't'duTC" as indicated in this plan and to the best of his OT her knowledge, each application approved by City Council is complete and meets the requirements of the commercial rev ilalization d~duction program. L) CUP) uJ each application nominated b) the ',-it) council to receive the ClW :lllo;,;ations, public notice felT the application process. governing body's motion nominating the project. reasonable explanation for each project being selected or denied and identifies the criteria set torth above in the explanation. h \ The RC CoRA will submit Attachment A -- Annual Report to the TOED for each active project in t heir jurisdiction receiving CRD allocations. The annual reports will be due NO\ ember ) of each calendar year beginning in 2005 and ending in 2011 or until allocated projects are completed and eligible to claim the Commercial Rcvitali?lltion Deduction RESOLUTION NOMINATING A PROJECT 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 Governor 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 twelve projects for allotments totaling $8,790,000 for 2005 and may nominate additional projects in the amount of $3,210,000 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 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 totaling $3,210,000: CRD resolution revitalization 051213 2 Corpus Christi Biodiesel, LLC. (Bio-diesel refinery) to receive an allocation of $3,210,000 from 2005 Commercial Revitalizations Deductions for a biodiesel plant located on the Corpus Christi ship channel, in census tract 50 on Marvin Berry Road. 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. the application approved in this Resolution is complete and meets the requirements of the commercial revitalization deduction program. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary Approved: December 20, 2005 ~<<r~l~ (f,a~. Smith Assistant City Attorney for City Attorney CRD Resolution revitalization 051220 (~orpus Christi TAxas _____ _ 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 051220 3 RESOLUTION ADOPTING THE CORPUS CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, adopts the City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program. The plan is attached to this resolution as Attachment 1. This plan replaces the plan adopted on November 16, 2004 by Resolution 026040. SECTION 2. The City Manager is directed to forward a copy of this resolution and the City of Corpus Christi Commercial Revitalization Local Strategic Plan to the Executive Director, Texas Department of Economic Development. ATTEST- THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: December 15. 2005. By: ~ ~~ a~. Smith Assistant City Attorney for City Attorney Renewal Comtnunity Strategic Plan 051220 }rpu~ C 'lristi, T nxas of ,2005 The aha\!!; resolution W8S passed by the following vote: I-lenry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Renewal Community Strategic Plan 051220 i\ttachment 1 ~ iF E City of Corpus Christi 2004-2005 Renewal Community ~ \ 11 \ () I. OlpU' h ;" Cornmerclal Revitalization Local Strategic Plan i I I I ______~J 1 j The Coordinating Responsible Authority (CoRA) for the Corpus Christi Renewal Community will submit contact information to the Office of the Governor. 2) The process for receiving applications is as follows: a) Public notice inviting applications for commercial revitalization allocations will be published in the Corpus Christi Caller-Times at a minimum of once a year indicating deadlines for submitting applications for consideration for Round 1 and Round 2 The Public Notice will provide applicants a minimum of 30 days notice of the deadlines to submit applications. b) Annual Allocation of $12 million of Commercial Revitalization Deductions to projects. (i) Round 1 to be done in January of each year ii) Round 2 (1) Commercial Revitalization Deductions unallocated during Round One will be pooled and allocated to either small or large projects. c) Application information will be available by contacting the CoRA and via the City of Corpus Christi's web site. d) Applications will be reviewed for completion and considered only if: i) The building and its structural components will be replaced in service by the taxpayer in the Renewal Community and the original use of the building will begin with the taxpayer or the building will be Renewal Comrrunity Strategic Plan 051220 substantially rehabilitated bay the tax payer and is placed in service by the taxpayer after the rehabilitation in the Renewal Community. Ii) The expenditures of the project meet the statutory requirement of the allowable Commercial Revitalization expenditures. iii) Request of allocation is less than $10 million. IV I The applicant is In good standing with the Texas Comptroller of Public Accounts and the Texas Workforce Commission has confirmed that the applicant is current on unemployment insurance tax. e) The CoRA will review the completed applications meeting the requirements in Section D of this plan and make recommendations through the City Manger, as the CEO of the governing body, to the City Council based on the following criteria: i) The project will add value to the existing tax base. ii) The project proposes to directly or indirectly create or retain permanent full-time jobs in Renewal Community. iii) The project adds residential and commercial square footage in the Renewal Community. iv) The applicant has completed the project or has financing in place to complete the project. v) The project contributes to the City's Area Development Plans! vi) The Applicant demonstrates active involvement of residents and nonprofit groups within the renewal community. vii) The project is located in a Texas Enterprise zone, Reinvestment Zone, weed and Seed Area, COBG eligible area, or HUB Zone. viii) Project is eliminating slum or blight in a particular area within the Renewal Community. ix) Project is appropriately zoned. x) Project will be completed by the end of the second calendar year in which the allocation is made. Renewal Community Strategic Plan 051220 XI} Applicant has sufficient Income to take advantage of accelerated depreciation xii) Project IS a public/private partnership between City of Corpus Christi and private business xiii) Applicant commits to providing information on actual jobs created and retained as a result of the proposed project. f) City Council will review the recommendations made by CoRA through the City Manager and will consider approval of the applications based on the criteria set above at a City Council meeting. g) Within 10 working days following the approval of applications by the City Council, the CoRA will submit to the Office of the Governor the following documentation: i) A certification signed by the City Manager as the CEO of the governing body that the governing body has followed the procedures as indicated in this plan and to the best of his or her knowledge, each application approved by City Council is complete and meets the requirements of the commercial revitalization deduction program. ii) Copy of each application nominated by the City council to receive the CRD allocations. public notice for the application process, governing body's motion nominating the project. reasonable explanation for each project being selected or denied and identifies the criteria set forth above in the explanation. h) The RC CoRA will submit Attachment A - Annual Report to the TOED for each active project in t heir jurisdiction receiving CRD allocations. The annual reports will be due November 1 of each calendar year beginning in 2005 and ending in 2011 or until allocated projects are completed and eligible to claim the Commercial Revitalization Deduction. Renewal Community Strategic Plan 051220 ( ERTIFIC.\TION \ i ()i ] [ \~;\>': ( (\1 1\, 1'1 (>I' !\, l Fe'!' "\ I. (,euge l\.. '\oe, ('it\ !'vlanager II! the City of ( orpus ChristL Texas, certify that I was authorl;:ed to execute nominations tor ('ommercial Redevelopment Deductions by ResolullUIl i\o u."h33Q ad(lpted un .Il1lv 12, 200S. fur the fulluwing projects: ,\. DRD Recllntcrests, LLC to receive a hll1ding commitment for a 2006 ("ommercial Revitalization Deduction allocation for $2.500,000 for a building lucatcd at 408 ]\, Chaparral. h, t JUah Investments, Inc. to receive allocation for $810,000 from 2005 Commercial Revitalization Deductions for a building located at IH-37 and McKenzie Road; c. Fox Squin-e!. L. P. to recei vc allocation for $350,000 from 2005 Commercial Revitalization Deductions for a building located at 304 and 306 N. Staples Street; d. Fox Squirrel, L.P. to receive allocation for $50,000 from 2005 Commercial Revital1zation Deductinns for a building located at 3709 Seagull A venue e. Fox Squirrel. L.P. to receive allocation for $150,000 from 2005 Commercial Revitalization Deductions for a building located at 1324 Mesquite; f Alma Garcia to receive allocation 01'$90.000 from 2005 Commercial Revitalization Deduc:tions for a building located at 1312 Leopard; g. Bill Ward to receive allocation for $125,000 from 2005 Commercial Revitahzation Deductions tor a building located at 301 S. Tancahua; h. Mako Communications, LLC, to receive allocation for $480,000 from 2005 Commercial Revitalization Deductions for a building located at 518 Peoples Street and that I signed the nomination applications on or about July 29,2005, and would have dated each the same date as I SIgned them. George K. Noe City Manager Subscribed and sworn to before me. this the day of December, 2005. Notarv Public, State of Texas My commission expires: 31 \( ;F'\DA '\IF'\10R\'\1lI ''\1 Pl8IJ( HEAKI'\(;-/J)!'\L\(. I( 11\ I ,\LIl1CII\,\I\l!11)~llL' l~ 2li \):\1 (a~ ~(j.U05-!.l~-JJARJ)e,~Ilill!!!~llL~!-P: .\ ch,m),!.c' ,1I /unli1),!. i:Ulll 'T-IZ" Farm-Rural to a 'l~-llr' I lne-Lllllllv Ihelllllg IllstriCl. Ihc proper!\ i~ _'2h'X() ~1,:rl'S (jut uf Lot 26 and 27, Sectlun 26. Flour Biiltl and l'ncmall'a!111 and (Jarelcn Iract: locall'd at Slough Ruad and approximately 3000 feet t.'''~1 ,d'j.;,)dd h<.'ld Ru~!d Plannin1! Commission and Staff's Recommendation ( 11/2/05) Approval uf a "R-l B" One-family Dwellmc: District Requested Council Action: Apprnva! 01 a "R-] Ii'" ()ne-hlllllly Dwelling Distnct. Purpose of Request: To ekvclun appw>;1l1lately 109 slllgle f~mll1y residential lots for future residential development Summar\": . The applicant has requested a change 01 zonmg frOlll "F-R" Farm Rural District to a "R-lB" One Famlly Dwel1l1lg District for the development of a single family subdivision with approximately 109 ITsldc"ntiallots . North of the subject property IS a dC\e1oped smgle famIly subdivisIOn in the "R-IB" District. Located to the south of the subject property is vacant property zoned "F-R" Farm Rural District. West of thc subject property, is zoned "R-l B" One-famlly Dwelling District with a single family subdIvision under development and a "RE" Distnct developed with one single family residence. East of the subject property are vacant lots IOned "F -R" dIstrict. . Accec.s to the proposed property IS prOVIded along Slough Road, an undeveloped collector. . A proposed subdiVIsion to the west, El Diamante PerdIdo. will also provide access to the subject property once constructIon is completed. Expected completion date is not known at this time. . Per the ITE Traffic generatiun manllaL the residential development would generate approximately 1.1)90 a.d.t. . \Vastcwater and water vonsumptlOn fen the subject property is estimated at 27 ,250 gallons per day for each utility. . Solid waste consumption is estimated at 971 lbs/day Recommendation: Approval 01 the "R-l B" One-famlly Dwelling District. Applicant's Position: The applIcant concurs with the recommendation. Notification: Of the eleven (11 ) notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) were received m opposition. The 20oA) rule is not invoked. This case is considered noncontroversial. '6'-- !J, \1\. ii., ,__!c. , 'a,c: N, 1~,(!2 (H\R Dl'\l'll\;'l1ll'nt. i1' i\l}.!,l' ~ I I I '.' l-' if , ) \lll'kll'I'\ (i 1l111111g. \[CP \""hl<ll1t [llll'dor ur [k\'c:lopl11ent Senxcs \1(;IFCfi\i ~p Attachments i ) /nnlng Rc:pOrl ~) Planning CnlllnltSS1'1l1 rvtll111tes \) ()rdinanee H:I' 1..1'. [)t!< SHAR],] j", ,ali \\\!OR[) . \(iL N I I !'vi [\12111):' \u\ember I : ()'I !2MiLND;\\-1 t\10 due CITY COUNCIL ZONING REPORT (ase~(). l i ())-(i':' Planning Commission Hearing Date: November 2. 2(0) c: o ~::: s::., c .t: ~ ~ .::: Q,i 'C.Q s::.,- < ~ ~ Applicant: ]JAR Development. LLP Owner: JJAR Development, LLP Agent: RYE. Inc Legal Description/Location: Bemg 22 .31\6 acres out of Lot 26 and 27, Section 26, Flour Bluff and Encmal Fam! and Garden Tract; located at Slough Road and approximately 3000 feet east of Rodd Field Road CJJ~ C ~ .... ::: = ~ o ~ No::: From "F-R" hrm Rural Dlstnct To:'R-IB" One lamlly Dwellmg Distrll,t Area 22.386 acres Purposl' of Request: 1'0 den:lop approxlll1atdy l09 smgle family residential lots for future residential development "'C C ~ CJJ", = ~ .... '" = ~ o~ N"'C CJJC C ~ .... ..... - '" .;;:; ~ ~~T----------~~----- -- , Zoning Existing Land ~---l--- -------~-- Site i "F-R" Farm Rural Dlstnct Yacant lots North' "R-l B" One Family Low density residen Dwelling District~__ _ --1-----~----- ____~ _South -l"F-R" Farm Rural District i Yac;~!1l..__________ East l "F-R" Farm Rural District~Tvacant .- West j "R-l B"6ne F~mtly Dwell~;~densitY-~sid~1 District and "RE" RCSlckntial i _ J Estate Distrlct__ __ _ _J_ Use Future Land Use Low density residential tial Low density residential Low density residential -.-- Low density residential 1 tial Low density residential ~ '" s::.,c ~ 0 :; .~ ~]J Q> < Area Development Plan: Southside Area Development Plan- The future land use map recommends a low density resldential use. Map No. 0420:\ 1 Zoning Violations: None .Uit;:lg ~'I..-, " ('aSl' Nt, 1 05.0211.1 \1\ Dc'\C'1<lpllll'lll. I II' I !)a!2\-' 2 rr. ~.e li::! 00 · IlK' ~ippllL'anl has Il'qlleskd d c:hangL' uI lUlling frtlll1 "1.1<." Farm Rural District tu a "R-In" ()IIl' i amil\ 1)\\l'lln~ !)I"trkl 1\)1' tl1l' ,k\l'luj1mL'nl Ur~l "lIlgk ramily subdivision \\ith ~IPPII'\IJl1akl\ I ()l) rl"ldellt!~t! lots · '\(11' 1)!tl1l' ~i1h!l'I' p!upnt\ ~ a dl'\l'IUPl'd 'lI112k I'aml)" ,uhdi\lslon in the '"R-l R" DIstrict. loclted tu tlll sOUlh or the sllhjl'Ct prOpL'I't\ IS \acant property zoned ''fuR'' Farm Rural District West of the subject pIllperty. IS IUned "R-I S" One-I~1Il1lIy Dwelling District WIth a smgle Limdy ..;ubdlvlslon under development and a "RE" District developed with one single t~llll1ly reSIdence, last of the subject property are vacant lots zoned '"F-R" district. c. ~ 5 . e = z . '" &:: ~ .... .z . '\CCL''';S to the propused pwperty is pro\ldeJ along Slough Road. an undeveloped collector. A proposed subdl\lslon to the west, El Dlamante Perdido, will also provide access to the subJcct pIllperty once COlbtrllctJon IS completed, E\.pecteJ completion date is not known at thIS time, Per the ITE TI-affic generatIOn manual. the iTsIJential dn'elopment would generate approxImately l,t)')t) cul.t . Wastewater and \\Citer consumption for the subject property is estimated at 27,250 gallons per Jay for each uti lity, . Sohd waste cunsumptlon IS estimated at 971 Ibs/day, ~ ,-., ~ ~ f ~~. ~ -- Street-~ m r Slough ROOd------ r Yorktown Boule\:ard ~ -----~-- I Rodd Field 15,250 a.d,t (Airline) 1,270 a,d.t. (W ooldrid e) ---------r- Type I Paved Section Volume 2001 N/A 4,000 a.d.t. Collector Arterial --- -tp~~il~~ary Arteria( ! Undeveloped 100' RO.W. w/24ft. avement 130' ROW with 79' back to back .... ~ ~ l- .... rJ) _ _ _.1__ __L___ The property is not platted, A plat is required .... = :i ~ = 5 ~ 1:: e ~ e Q..e QU Property along Slough Road is recommended for smgle family development. :1l~ R" ;Tt \ aSL' f'.u I 05-u2 (liAR UnL'lOpl11L'lIt. ILl'. i !)aec :. \:. ~ 'Z e<:: i:: "0 c: eo:l c.. ..... E z E ~ C! \pprO\(il ,)(tllL' R-IIC ()11L'-1;111111\ Ih\L'II\l1\2 !)lStrtl'l c: .~ c: ..... ~.~ ~ .S ~ c: ==.. ~ == e e .! e e 0.. ,0 0 -...I c.. ~ ~ Approval of the "R-lB" One-family Dwe1l1l1g District. rI;.. ....."0 c: c.. c.. ... 8 .~ 8 ~ 0" i.- Number of NotlL:C:'S \1Jtlt'd - --! Favor - 0 OpposltlOn - 0 (As of October 2' 200~) Attachment: Zoning Map i [\P1N.DlR SHAREJ)\(i311\W()RDj()NRI'TS.~()05 1\,1\ elllber\ I t ()~.1J2d,)c" o.~: u [J ~ ~ FLOUR BLUFF & () ilL) P i I I ~f ;,,~,. Yo", I r-1! V i ~ ~.'k.. -~...~ R-1B 28 S<:o UCIj RO F-R ~D R-1B 5 ~ [g 170CT05/HK F-R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T.1A Travel Trailer Park District T.1 B Manufactured Home Park Dis!. SP T-1C Manufactured Home Subdivision District em Case No. Z1105-02 Notice Map A-1 Apartment House District A-1 A Apartment House District A-2 Apartment House District AT Apartment-Tourist District AB Professional Office District B-1 Neighborhood Business District B.1A Neighborhood Business District B.2A Barrier Island Business District B-2 Baytront Business District BD Corpus Christi Beach Design Dist. B.J Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District 1-1 1.2 I-J Limited Industrial District Light Industrial District Heavy Industrial District Special Permit Mllr' rULJ HC Historical-Cultural Landmark Preservation Planned Unit Development 25 TRACTS GIS Team !~'m~ ~.-'-----'.:il'. . i.,I.' &~.I r';"h:~C;'_" '....'-~ . ~ NORTH 0 100 200 I Feet i\lI'\lTFS REel'! \R PI \ '\'\Il\'C, CO"'lISSIOl\' MFFTll\'C ('ollucil Chamhers- City Hall Wednesday '\OH'mh(T 2.2005 h 1 II i 5 -0.:' JJ!'\R Developmellt LLP "f'-f{ hmll-Rur,li to a "R-ll-f' One-l~1I11lly 1)\~ellmgJ~I~Lrlct __~_____~ u_. Ikmg .:' ' .3 f;() alTl'~ l Jut of [u! .2h and .2 -'. SeCllon .2G. Flour Bluff and Enc ina 1 Farm and Garden Tract: locakd at Slough Road and approximately 3000 feet east of Rudd Field RUdel ivls, Sylvla Carrillo-ArIspe presented this request Ie)!' a rezonmg from a "F-R" Faml-Rural District to a "R-] B" One-family Dwelling Dlstnct for single family development of approximately (109) reSidentIal lots. The subject property IS approximately t\\'enty-two acres located at Slough Road, an unde\e]oped collector road, and Rodel Field Road 1\)011h of the subject property is an undeveloped single I'anul) sul)di\lsion zoned "1Z-]B"Smglc [amIly DlStI'lc!. Located to the south IS vacant property zoned 'F-R" Farm Rural Distnct. To the south IS a developed "RF District with one smgle family residence. <\cceS5 to the property IS provided along Slough Road, Slan recommends approval of thIs rezonmg. J'ubhc heanng was operwd 1 )arnn Johnston, 7722 Slough Road. Corpus Christi, Texas. Mr. Johnston is the owner of the ;;mgle family reSIdence zoned aRE Dl;;tncl adjoil1lng the subject property. Mr. Johnston thanked the Staff for making the necessary currectlOn;; on the notice map and realigning hIS "RE" lot to the cOITection location Mr. Johnson also stated he was favorable to the rezoning and changes to the subject property, PublIc heanng was closed. Motion for approval was made by Commissioner Salazar and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent II 1'1 ~D' SIL\Rl [}, ,al]'WORli ..\(iH[l\l['\l' 'liW ',"'CCllIhl'! ['i'II.2MlIlules hccrp: doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JJAR DEVELOPMENT, LLP., BY CHANGING THE ZONING MAP IN REFERENCE TO 22.386 ACRES OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, LOT 26 AND 27, SECTION 26, FROM "FR" FARM-RURAL DISTRICT TO "R-18" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of JJAR Development, LLP. 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 21,2005, 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 22.386 acres out of the Flour Bluff and Encinal Farm and Garden Tract, Lot 26 and 27, Section 26, located along Slough Road and 300 feet east of Rodd Field Road from "FR" Farm Rural District to "R-1 B" One-family Dwelling District. (Map 042031 ) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H\lEG-DIR\Joseph\Zoning-05\ 11 05-02Reg ular doc Page 2 of 3 SECTION 5. That all ordinances 01 parts of OIdinances 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 20th day of December. 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ J) /}vL (~ Joseph Hlnney y Assistant City Attorney For City Attorney Henry Garrett Mayor, The City of Corpus Christi 2005 H\LEG-DIR\Joseph\Zoning-05\1105-02Regular.doc Page 3 of 3 Corpus Christi, Texas ___ day 01_ _____, 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 William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIRlJoseph\Zoning-05\ 11 05-02Regular.doc 32 \(;1"'\1);\ !\H~1\10R;\'\1H \1 Case .\0. iI05-U5-Da\id L COlloh: \ ,:)dll~C "I /1I11111~ il\)11 J\~ U" Ullc-LulJIly U\\ellll1g UI~lllcl 10! ''1--1<' Farm Rural Dl~!nCl IIlL' P")lwrtv IS III Il<lllr HIli!"! and I nC111all'arm and Garden Tracts. i, 111. '(llon --Iii S~l\l' anj ,'\\,'pl -\\h-l je'!,'S 'llpI")),']!\ \d 1\(1 \\ ('!ty 01'( 'urpus ChristL located al,l[l!, (jklluaK DII\l'. Suull U!lIIC (hu '. llXh.. and ~jPPI"\lll1dll'i\ 1.3:'11 fcet easl 01' Roscher Road. Plaoniol!. Commission and Staff s Rccommcndation ( 11/ }(J/U5): :\ I)proval () fa "F-R" Farm Rural DlStn<~t Requested Council Action: ApprlJ\al \11' II "F-R" Farm Rural District Purpose of Request: To allow additiOnal accessory and agriculture structures on the existing lot. The existing lot is currently developed with a smgle-family residence that includes a law office home uccupatio: SummarY . . ApplIcant requesting a cl1ange at ZOl11ng to "FR" Farm-Rural Dlstnct to allow additional accessory and agriculture structures on the lot. Cunent uses on the lot include a single-family residence with a law office home occupation. . Future accessory structures 011 the property include a pool house and agriculture sheds and barns, Accessory buildings in residential dlstncts. other than the Farm Rural District. cannot exceed fifty (50) percent of the floor area of the main building. The existing single-family residence consists of 2,964 square feet. Future accessory buildings on the subject property could not exceed 1,482 square feet in the eXlstmg "R-l B" Dlstnct. . [he subject property consists of 5.36 acres and IS zoned a "R-IB" One-family Dwelling District, The "R-IB" District requires a mmimum lot area of6.000 square feet and permits 7.26 units per acres or 38 gross units on the subject propertv . A change of zoning to a "FR" District would minimIze the number of units allowed on the subject property. The minimum lot area pem1itted in the "FR" District is five (5) acres allowing one (I) unit on the subject property. . The subject property is within an area that is identified to develop as single-family, per the Flour Bluff Area Development Plan. The requested "FR" Farm Rural District accomplishes the goal of the Plan hy allowmg a large lot smgle-family use. Recommendation: Denial of "1.3" Heavy Industnal D!strlct, 111 heu 01, approval of a Special Permit subject to a site plan, and approval of the Zonmg Board of Adjustment and yearly inspections by the FIre Marshall Applicant's Position: The applicant IS 10 agreement WIth recommendation. \. ~".: ..;~i J.1', ~~ :,ir; ase \0 11"',0<; I [);j\lc1 ,. (uno' 'jgc ~otitlcation: Of the eight (b) notlce~ malled to the sUlTollnJl1lg property owners, one (I) was returned 111 :';1 V01 i\!,dlTO (11) 1\ ',,'I\.' IlT\.' :cd I I '!,]1, H \;,,, 111:-- Ilk I h' .!l'~1 The 2W~';, ru It' is not invoked. This case is not considered controver~ia1. ,/11~:)t, ~~ \11\.'h~1e1 N (funnmg. :\ICP I \~~I~Ll1l' I )Ir\.',tilr ill' I k\clupmenl SCr\'ICCS \1GFCM gp <\ttachments: I ) Zoning Report 2) Planning CommIssion Mmutes j, Ordinance I i\PiN-DIR\, IIARLD'(Jail'WORD\i\ iEND\1 L\1' 21J("'", Cl11bcr-.1 I ()' II if''.IJMvl iMO ,'ue CITY COUNCIL ZONING REPORT ( 'asl' ~o, I 1115 -I)';; Plannill~ Commission Hearing Dale, \Ll\cmbl'l 1(1, ..:()U5 - ~ t:l.C ~ C .. Q ~-::: Q. C -C ~ ~ .~ ~ "E.Q Q. <t'!' I Applicant: Da\ld Z. Cot1oh I Owner: Same as applicant i Agent: Same as appllcanl Property Area: Flour Rluff and Encinal Fam1 and Garden Tracts, Lot 20, Section 40, save and except 5,364 acres of prope11y of RO,W, City of Corpus Christi, located along Glenoak Drive, south of the Oso Creek, and approximately 1,350 feet east of Roscher Road, I From: "R-IB" One-family Dwelling District To:'FR Farm-Rural Dlstnct - <'J ~ Area: 5 364 acres C" ~ 0::: Purpose of Request: To allow additional accessory and agriculture structures on the ell .s existing lot The existing lot is currently developed with a single-family residence that ~ includes a law office home occupation. N <'J ~ <'J ;:;l "0 = ~ ....:l "0 = ~ ~ = '; o N ell = ... - <'J ... l"( ~ Future Land Use Low-density residential c)~: f~~-= ~~e---fa~ilY ~;~~tt:}a~~~ ~~::dence I Dwelling District ,.-+- -..---- --...------. North i "R -1 B" One- family Agriculture I Dwelling District __ . South "RE" Residential Estates Agriculture District East "R -1 B" One- family Agriculture I ~welli,~g District , West I' R-l B One-famIly Agriculture _____l.Dwelling District Low-density residential Low-density residential Low-density residential Low-density residential : ~ Q..", ~ = ~ .~ - r ~ ~- Q .~ ~> Area Development Plan: Flour Bluff- The adopted future land use map recommends that the area develop with a low-density residential development Map: 038030 Zoning Violations: None /~Yr'~\~ i?,C" ".t ('aSl' Ni (!5-()~ (Ua\ld / \.i1!lol\f i'age . C e<: = = = rJj . -:I;. &: e<: ..... rJj ., \PI)lil'~lIl1 !'L'l!'ll:~ll 'C', J '"I'/illll! "Il<"! rlll-!" Ir~ll Dlc'rlclto allow addItional :lL:cc"~on ;lIld agrl', tlltl11L' '"riiLltlre'" Ill! I ( liiT"II! \l~l'~ '111 tl1(' IOl1l1clude a s1I1gk-LIl1l11\ ~.t'~,1\i(;nt.'\.~ \\-11 J td"j'il'l' h{'1~11l' th_'l'tlp;11! ' · Fllt\lll' aCl'essury strllclllrl'~ 011 the pmper!\ lI1c1ude d poul huuse and agnculture sheds and harIl~ Ael't'ss!)l) IJdddlllgs 111 residential citstncls, other than the Faml Rural District, cannot exceed finy (:'0) plTcent of the nom area uC the main building, The existing single-family reSIdence con~lsts of 2,964 square teel I ulure accessory bUlldmgs on the subject property could not excl'Cd I 482 ~quare feet ITl 1llL' e\:lstl11g "R-I B" DIstrict. · The subject property consIsts of 5,36 acres and ]s zoned a "R-I B" One-family Dwelling Dlstnct. The "R-I H" District requIres ;1 IlllTlll1lUI1l lut ared or 6,000 square feet and permits -',26 Jl1llS JKJ Jcre' or ,;..: ;,!/,(h' units (IJl lh" 'lIhll'L'! prupnt~ A change of zoning to a "FR" District would mmimize the number of units allowed on the subject property, The ml11lmul1llot area permitted in the '"FR" District is five (5) acres a!lo\\ l11g une !. I ) UIi It L'n the ,ubJect pruplT1~ The subject property ]s within an area that IS Identified to develop as single-family, per the Flour Bluff Area Developmenl Plan, Thl' requested "FR" Farm Rural District accomplishes the goal orthe Plan by allowmg a large 101'imgle-famtly Lise, li:S ~O ~ci Street Volume 2001 18' Not available --I Rural ~:;ecior 170' :a~e:secti= ~_~_____^_ i pavement Glenoak Drive "" ..... = .s..... Q.,f ~ Subject property IS a platted ..... = ~ ~ = a ~ 1:: S llIil E Cl.Q QU [he Flour Bluff Area Development Plan's adopted future land use map recommends that the area develop with a low-density residential development. The requested "FR" District achieves the recommendation of the Plan, Il)mll~ I{epdn , aSl' N, 1 D)-lI~ (j),j\ ld / i. "iluh I lag\.> .~ "" .S - <<l "t:I i:: c j E \pprO\,ti ul IlK' Hi I{" i Jln-RlIldl [)lsll'lL'l ~ ... ("i ,.. :r::: .... ... o c '': QIJ.S ~ = ~ = .a.... ~ = El e Approval of the "FR" Faml-Rural District. 5:Ele .0 0 V ("i ~ =' '" =~ ,.. ~ E .;Z e ~ o - uO:: Number ofNotlClS tvbiled " Favor 1 OppOSition 0 (As of i'.:ovember 14, 20()) \ A.ttachment: Zoning Map II\f'I.NDW,IIARl:IJ\( i.1I!\WORD./ONRI'IS-':'(l(lS'NOI'cl1lher\II05.11'i(( RFPORl doc '~[\yc DEL OSO .~ '<." . ~. 01 NOV05/HK F-R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1 B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T -1A Travel Trailer Park District T-1B Manufactured Home Park Dist. T-1C Manufactured Home Subdivision District R-1B I ! SUBJECT / PARCEL Case Z11 05-05 Notice Map A-1 Apartment House District A-1A Apartment House District A-2 Apartment House District AT Apartment-Tourist District AB Professional Office District 1-1 Limited Industrial District 1.2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development .\i:1 !~ B-1 Neighborhood Business District B.1A Neighborhood Business District B-2A Barrier Island Business District B.2 Baytront Business District BD Corpus Christi Beach Design Dist. B.3 Business District B.4 General Business District B.5 Primary Business District B.6 Primary Business Core District GIS ....Team DB . . NORTH HC Historical-Cultural landmark Preservation o 200 400 800 , ' Feet VII:"! rES RF<;n \R PI \:\'\'1:'\(; CO!\l'\lISSIO'\' !\lFFTI'\'C (oundl Chamhers- City Hall Wednesday - '\'0\ ember 16.2005 a 110.'-0'" David / l 'onol~R-1 H" Unl:-1ctllllh Uwellmg UlSlrlCllU a "F-R" Ian ilj\..UILlLI)li.IILci _.._______ Flour Bluff and [ncma! Farm & I iardcn Tracts Lot 20. Section 40. save and except 5,64 acres of property 01 R.O W. ('Ity of Corpus Chnsti, located along GleJ\oak Dr1\"\.". Soutn of the Oso Creek. and approximately 1,350 feet east of Ros..::her Road Faryce Goode-Macon revIewed the subject property WhICh is north of Glenoak Drive. A powerpomt presentatIOn of the subject property was shO\vn and the tape IS on file. 1\1s (roode- Vlacun .;ta\c'd IlK' appllcan! l' rcquestll1g tnh rczonmg to provide expanded accessory buildings on the property. In the "R-) B" One-family Dwelling District, 50% may be used for main structures. The buildings square footage IS based on the peripheral structures sLjuare footage. Accessory structures may not C\ceed 5 o "/l) of the principal structures square fuotage. HIS reSidence lS approximately 2,9()..f "quare feet calculation or 1, 482 square feet for accessory buildings The "F-R" Distnct does not lImit the square footage of accessory buildings d'ic to the large acreage reqUired 011he distncl\s h1s propert) meets the five acre minimum requirement for a "F-R" !'arm Rural Distnct. tl1i'. zonll1g wlll meet his needs for additional Improvements. Statlrecommends approval of the rczonmg to a "F-R" Farm Rural District. Public heanng was opened \:11 David Conoly. 1930 Glenoak Dnve. Corpus Christi. TX 78418. Mr. Conoly stated that he was available to answer questions and appreciated the Commission's consideration. Public heanng was closed. T\'lotion for approval was made by Commissioner Salazar and seconded by Commissioner Martinez Motion passed unanimously with Commissioners Pusley and Zamora being absent, II !)I.~. DW SH;\I-tI'!l(,aJlWORll \(iFf\llI'v1JI'v1}liiJ" N"vcllll1cr! (:1~\,1 inulcs F'\cel1Jt-,:jnc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID Z. CONOLY, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOT 20 SECTION 40, SAVE AND EXCEPT 5.364 ACRES OF PROPERTY OF RO.W., CITY OF CORPUS CHRISTI, FROM "R-1B" ONE-FAMIL Y DWELLING DISTRICT TO "F-R" FARM-RURAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of David Z. Conoly 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 16,2005, during a meeting of the Planning Commission, and on Tuesday, December 20, 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 Flour Bluff and Encinal Farm and Garden Tracts, Lot 20, Section 40, save and except 5.364 acres of property of RO.W., City of Corpus Christi, located along Glenoak Drive, south of the Oso Creek, and approximately 1,350 feet east of Roscher Road, from "R-1 B" One-family Dwelling District to "F-R" Farm-Rural District. (Map 038030) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIRIJoseohlZoning-05\ 11 05-05Regular.doc r'age L 01 j 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 conforrn to the Zoninq 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 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI ---- ---_._~_._-_..-.- Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED (),~ .~ ~( ~' ~ Joseph arney \) Assistant City Attorney For City Attorney I ~_ 2005 H:\LEG-DIR\Joseph\Zoning-05\1105-05Regular.doc Page 3 of 3 C>xpUS ':h"stl Texas d'1V )f ;100: ro THE MEMBERS OF THE (:ITY COUNCIL C:orpLls (~h"sti 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. Respectfuliv Respectfully. Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott H'\LEG-DIR\.loseph\Zoning-05\ 11 05-05Regular.doc 33 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City CouncIl ActIOn Date: 12/20/05) Case No. l105-06-0rion Drilline Comoany: A change of zoning from "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property is .0024 acre out of 6.40 acres out of Roblex Industrial Area, Lot 21, Block 6, located north of Bates Drive and east of Flato Road. Planninl! Commission and Staff's Recommendation (11/16/05): Denial of"I-3" Heavy Industrial District and in lieu thereof, approval of an "1-2 Light Industrial District with a Special Permit subject to approval from Zoning Board of Adjustment and yearly inspections by the Fire Marshall. Requested Council Action: Denial of "1-3" Heavy Industrial District and in lieu thereof, approval of an "1-2 Light Industrial District with a Special Permit subject to approval from Zoning Board of Adjustment and yearly inspections by the Fire MarshalL Purpose of Request: Above ground fuel tank. Summary: . Applicant is requesting a change of zoning to an "1-3" Heavy Industrial District for the development of an above ground fuel tank with an estimated capacity of 2,000 gallons. The tank will be used for the storage of petroleum fuel . The subject property including the overall site IS currently developed as a oil drilling company, primarily used for the storage of equipment and vehicles. . The West Side Area Development Plan Future Land Use Map recommends the property area retain its "1-2" Light Industrial District classification. . The proposed fuel storage tank is not an allowed use in the "1-2" Light Industrial District. . The requested "1-3" District lists above ground fuel tanks as the storage of flammable liquids. Such use is classified as an ObjectIOnable Uses that may be located withm an "1-3" District after approval from the Zoning Board of Adjustment and the Fire Marshall. A Special Permit in lieu of an "1-3" could accommodate an above ground fuel storage tank. . If an "1-3" District or special permit is approved, the location and installation of the fuel tank on the site is subject to meeting state and local fire code requirements and approval of the Zoning Board of Adjustment as an objectionable use. . Access for the subject property is proposed through Flato Road and Bates Drive, rural collectors. Recommendation: Denial of"I-3" Heavy Industrial District, in heu of, approval ofa Special Permit subject to a site plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire Marshall AppUcant's Position: The applicant is in agreement with recommendation. Agenda Memorandum Case No 1105-06 (Orion Drilling Company) Page 2 Notification: Of the four (4) notIces mailed to the surrounding property owners, two (2) were returned in favor and zero (0) were received in opposition inside the area. The 20% rule is not invoked. This case is not considered controversial. M~'L~P ~ Assistant Director of Development Services MG/FGM/gp Attachments: I ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H :\PLN-DIR\SHARED\Gall\WORD\AGENDMEM\2005\November\ [1 05-06 AGENDAMEMO .doc CITY COUNCIL ZONING REPORT Case No. 1105-06 Planning Commission Hearing Date: November 16, 2005 \ Applicant: Orion Drilling Company ~ g i Owner: Wayne Squires ~ -; i.1 Agent: David De La Cruz ~ ~'6 i Property Area: Being .0024 acre out of 6.40 acres of Roblex Industrial Area. Lot 21, ~.J ~ I Block 6, located north of Bates Drive and east of Flato Road <" ~' I ! From: "1~2" Light Industrial District .... fIJ <I.l :::I r:::r ~ ~ 1:1 ..... 1:1 = N To: "1-3" Heavy Industrial District ! Area: .0024 acre , i i Purpose of Request: Above ground fuel tank I I fIJ <I.l fIJ ~ "0 1:1 ~ .J "0 1:1 ~ ~ 1:1 'a = N ~ 1:1 ..... - fIJ ..... ~ ~ Zoning Existing Land Use Future Land Use r Site "1-2" Light Industrial Drilling Company Light Industrial , District North "1-2" Light Industrial Manufacturing industrial Light Industrial , District uses South "R-l B" One- family Agriculture land Low-density residential Dwelling District i East I "1-2" Light Industrial Agriculture land Light Industrial ; District ! West "1-2" Light Industrial Agriculture land Light Industrial District .-.-----.-..-- ~ fIJ c.= ~ = ~o.s ~- ~ .S ~> < Area Development Plan: Westside- The future land use map supports light industrial uses on the subject property. A change of zoning to an "1-3" District on the site constitutes a small area of the entire business and is acceptable for the above ground fuel tank. Map: 051042 Zoning Violations: None Zonmg Report Case No. 1105-06 (Orion Drillmg Company) Page 2 · ApplIcant is requesting a change of zoning to an "1-3" Heavy Industrial District for the development of an above ground fuel tank with an estimated capacity of 2,000 gallons. The tank will be llsed for the storage of petroleum fuel · The subject property mcluding the overall site is currently developed as a oil drilling company, primarily used for the storage of equipment and vehicles. . C ~ a a . = 'Jl '" . ti:: ~ .... 'Jl The West Side Area Development Plan Future Land Use Map recommends the property area retain its "1-2" Light Industrial District classification. The proposed fuel storage tank is not an allowed use in the "1-2" Light Industrial District. The requested "1-3" District lists above ground fuel tanks as the storage of flammable liquids. Such use is classified as an Objectionable Uses that may be located within an "1-3" District after approval from the Zoning Board of Adjustment and the Fire Marshall. A Special Permit in lieu of an "1-3" could accommodate an above ground fuel storage tank. . If an "1-3" DIstrict or special permit is approved, the location and installation of the fuel tank on the site is subject to meeting state and local fire code requirements and approval of the Zomng Board of Adjustment as an objectionable use. . Access for the subject property is proposed through Flato Road and Bates Drive, rural collectors. -...--- ~ Street Type Paved Section Volume 2001 0 .----.-..--.-. ~ Flato Road Rural Collector 64' R.O.W. wi 24' Not available .... avement ~ ,----- ~ Bates Drive Rural Collector R.O.W. wi 24' 580 a.d.t @ ... .... 'Jl avement N.P.I.D. ,----"-.-.----- ._. --- '" ~.E S::.D The subject property is part of a platted lot. 00 Zomng Report Case No. 1105-06 (Orion Drilling Company) Page 3 '" - = ~ e e o u - = ~ e 1:: ~ c. ~ Q . Above ground fuel tanks requIre an "1-3" District and further approval by the Zoning Board of Adjustment as an objectionable use. . The proposed "1-3" DIstrict would allow for an above ground fuel tank on a small portion of the entire busmess site. however would leave an area near a residential district susceptible to other incompatible uses. . A Special Permit, III lieu of the "1-3" Heavy Industrial District, on the pad site per the site plan and metes and bounds description would accommodate the accessory use of storage tanks as requested by the applicant without unnecessarily creating an opportunities for other incompatible uses. . The applIcant notified staff that that a pre-submission meeting with the Fire Marshall occurred to identify an acceptable location for the proposed tank. I: o .. .... eo:: "C t:: I: ~ ~ - e r.rJ. e o C"j ~ ~. =1 0, = ~ i ~O. .S 'i -g =.. ~ = S S .! S S =- 0 0' U CJ' ~ ~. I '" """0 = ~ e .~ e ~ o ~ U~ Denial of "1-3" Heavy Industrial District, in lieu of, approval of a Special Permit subject to a site plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire Marshall. Denial of "1-3" Heavy Industrial District, in lieu of, approval of a Special Permit subject to a site plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire Marshall. I Number of Notices Mailed - 4 Favor - 0 t Opposition - 0 i (As of November 11,2005) Attachments: Zoning Map Site Plan H \PLN-DIR\SHARED\(iail\WORD ZONRPTS\2005\November\I I05-06CCREPORTdoc ., R-18 18 Q/ Q, ROBLEX INDUSTRIAL AREA ~ ilL- ., Q/ .,,~ J>() QI 19A 198 ICl )>0 ::0. ~ tD ::0. IQ tD ~::o roc tD 20 6 III roc r(f) 3 r(f) OU) (1) ,... OU) . om III om ^' 3 - r (f)' ,... SUBJECT ~ 21 1-2 (f) 1-2 PARCEL Q. BATES DRIVE 6 ., Q/ A-1 -. ~ IPUD Q/ ICl Q/ J . tD RUSSELL FARM BLO KS Q/ tD III tD 3 ,... tD . III A- R-18 3 ,... Lot 1, Blk 6 01 NOV05/HK FOR Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T-1B Manufactured Home Park Disl. T-1C Manufactured Home Subdivision District VI LLAGE ON THE GREEN Case Z11 05-06 Notice Map A-1 Apartment House District A-1A Apartment House District A-2 Apartment House District AT Apartment-Tourist District AB Professional Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development *.1' 1 Ii:; L~~..llJ....:"", B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Disl. B-3 Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District "G IS iI..II..:.Te...a.m Ij", ~~I ~ NORTH HC Historical-Cultural Landmark Preservation o 150 300 . Feet -.e. Ii ......., ~ / ',' /'\. ~ ',~ " ./ /' vlUJJ tL;\1\, ., lllijJ ~ \. 4/ " ,/lffi ! /' p ~'C C!')f'J ~ , .,~, ~*.:y,~ ~ '9 i / ~ ~.-'- i. r' ~~: \,1> e, , /;-i I ~ ,l-e.. ' 4_ ' I j , ,,"""" ,.~ """"""" ( '~ ( I I I I , / // ,I / / I-.- / IhY /:fff~.. .. / .'d.,'W / i '" ' ~' / un JO'" t fI't4ItD"'l5~ JfIIIV \Il:::Il 4:. "G" ~1 "III"CI . / / + I i ~" , f I N// (,r'NTAINER. ' '<.'7-L>/.-1.1 '1RJ'..'1 iA n, ,-" ... / 1''' i ) if , n., , 7~ 'r;~A7E I. ( N(Y/,/..." . "C, ,'I ',' !'v.( (,'J ()( "'__' I,.>t ~.:c, t.,. . . . ' / -,' / .) /. I ' ;z.lATb&:>,^~ , ~.- t r...!U . / .i /, ~tt / /,1$/,/ ." .' / /}/ , .' / /', / / :~.' / .. , " ,-, '-1-': :. .j'-' I ~ I '!'::. L/ /1 I ''J,.~ '" I~ ~ ...~. p, . ~~"11: , i { I j l' . r I ~; ,,'Ii ." 'rt I i I e. C>l ~t. 1'(, ",t..C" ,^ .,.t..... Q (\se \\05-0Lp )' / .' , / r i / '; I : I ~I :: I, C~;l" ".'. .~,--, '0' <.0 ~'I ttll '0::. t- ~ i.i' ..,".~ ~f"" ~tP; , , .,' >-- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - November 16, 2005 a. 1105-06 Orion Drillmg Company: "1-2" Light Industrial District to an "1-3" Heavy Industrial DistrIct_ ____ Being 0024 acre out of 6.40 acres out of Roblex Industrial Area, Lot 21, Block 6, located north of Bates Dnve and east of Flato Road. Faryce Goode-Macon revIewed the request. A Power Point presentation of the subject property was shown and the tape is on file. The zoning request to an "1-3" Heavy Industrial District is located on FIato Road. The request is for an above fuel tank that will hold approximately 2,000 gallons of petroleum fuel and requires an "1-3" District because it is considered it is an objectional use. Approval is also required by the Zoning Board of Adjustment and yearly inspections by the Fire Marshall. The fuel tank will be located on a pad site consistmg of .0024 of an acre and Staff is recommending approval of an "1-2/SP" Light Industrial District with a Special Permit in view of the small area of land to be used. In answer to Commissioner Braselton's question, Ms. Goode-Macon stated that the applicant was agreeable to the "1-2" District with a Special Permit. In answer to Commissioner Huerta's question, Ms. Goode-Macon stated that the tanks are inspected and monitored by the Fire Marshall on a yearly basis. Public heanng was opened. David De La Cruz, representative of Orion Drilling, 604 Flato Rd., Corpus Christi, Texas. The applicant stated that a Special Permit would be acceptable. Public heanng was closed. Motion for approval for an "1-2" District with a Special Permit was made by Commissioner Braselton and seconded by Commissioner Huerta subject to a site plan, approval by the Zoning Board of Adjustment and yearly inspections by the Fire Marshall. Motion passed unanimously with CommISSIOners Pusley and Zamora being absent. H:\PLN-DIR SHARED\Uail\ WORD\AGENDMEM\1005\November\11 05-06Minutes Excerpt.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE ORION DRILLING COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO .0024 ACRE OF 6.40 ACRES OF ROBLEX INDUSTRIAL AREA, LOT 21, BLOCK 6, (CURRENTLY ZONED "1-2" LIGHT INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A 2,000 GALLON ABOVE GROUND FUEL TANK, SUBJECT TO TWO (2) CONDITIONS AND A SITE PLAN; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Orion Drilling Company for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 16, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20,2005, 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 granting a Special Permit for a 2,000 gallon above ground fuel tank, subject to two (2) conditions and a site plan (currently zoned "1-2" Light Industrial District), on .0024 acre of 6.40 acres of Roblex Industrial Area, Lot 21, Block 6, located north of Bates Drive and east of Flato Road, as shown on the attached Exhibit. (051042) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to two (2) conditions and a site plan as Exhibit A 1 USES: One (1) 2,000 gallon above ground fuel tank shall be permitted on the subject property in the "1-2" Light Industrial District with a Special Permit. 2. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2) years from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions and City rules and regulations. HILEG-DIRlJoseph\Zonmg-05111 05-06SPECIALPERMIT doc Page 2 of 3 SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (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 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED IJ<- .. -<r/- 1(, Josep(~ (Jo Assistant City Attorney For City Attorney Henry Garrett Mayor, The City of Corpus Christi 2005 H\LEG-DIR\Joseph\Zoning-05\1105-06SPECIALPERMIT doc Page 3 of 3 Corpus Christi, Texas __ day of 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H"\LEG-DIRIJosephlZonmg-05\ 11 05-06SPEC IALPERMIT. doc ~ ......... / ~ ,f A , ~ , / iJ-. ..UtU f{~\rjJ ~. J~~ ..... ,\ /' ~" #' f' ~ '" ...., ~ \" -, \ /t"~J! \ / .::"(",.,.,:),,, t\ -"': f."" VF Jl,)W . ~~mtA1.~O ~ t~ .k,(... ~: "."-,",,';:' / ~\ ~. /~<j/, / ;/$. v, . , ~. f --- ~ :"" ";~ k~~ .' j-V / / "I, ..." w, ......<::. - ,r,' ~_ ~'ih.c":- .~.- , / , )y!, / " ......~ ,.."'."'- . . :';i ,,' " , .:. 5+O'l\~e. "'"'''..,...,...-l..... ~I~"t IC~.,~ \ r/~ *' 'i1, t-e. ! -1~' ~....' , "....'...' ...~u.... .:....,~.p.! :'r"',:,,' . \~' ... .- .~. . /'(' /,1 r;. \ E ,R 'U/.."J. ~1/~/_'1 /v'/,< -- Y I I "\ f vi '(,.'.7 n -, ~'( _ T /.,'jl'_)cl......(') 1...:(.) :"", ~-? 'Jl~' ' / -t / ) I J) r /'~ I -f ) I -/.:::;- I .) -: , Ft1\-Tb R.PAl:> ~ --., - /'I ' .' I J /1 // ~/ / / ~ / ./ / tff./ y / ,. I: ?: ~~. I ~ I I I ~. j; , I ~, · ':;..'rt 'r~' I 1 ! :J , r ; ",' i I: QC\.se \ \ 05-D(,o S '( +e ?\ yt-~ P2 I /~ ,{ / ,- " 1/ ) / I / , / 'j // / I .. ~/ : / ::-; I .-:1 ~"I 0.:, ;~l '0:1 .<,D -~-I 81'" ~; f- (/) ~.'. ?"\;;': ifi~;' '., ...:1. ..::i~.,:~~i --, '. " ".--.1 .' ) " ' ~ It" ~ STATE OF TEXAS cOUNTY OF NUECES FIELD NOTE DESCRIPTION FOR A 6.08 FEET x 17.08 FEET STORAGE TANK OUT OF A 6.40 ACRE TRACT, KNOWN AS LOT 21, BLOCK 6, ROBLEX INDUSTRIAL AREA, RECORDED iN VOLUME 45, PAGE 53, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE P AR"fICULARL Y DESCRlBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT 5/8" IRON ROD FOUND AT TIlE NORTHWEST CORNER OF SAID LOT 2], BLOCK 6. ROBLEX INDUSTRIAL AREA AND ON THE EAST RlOHT -OF-WAY LINE OF FLA TO ROAD; THENCE N 90QOO'OO"E, A DJST ANCE OF 563.39 FEET TO A 5/8" IRON ROD SET ALONG THE NORTH BOUNDARY LINE OF SAID LOT 21, BLOCK 6 ROBLEX INDUSTRIAL AREA; THENCE S OOQOO'OO"E, A DISTANCE OF 19.46 FEET TO A 5/8" IRON ROD SET FOR THE NORTHEAST CORNER OF THIS TRACT AND POINT OF BEGINNlNG; THENCE S OOOOO'OO"E, A DISTANCE OF 6.08 FEET TO A 5/8" IRON ROD SET FOR TIffi SOUTHEAST CORNER OF THIS TRACT; THENCE S 90000'OO"W, A DISTANCE OF 17.08 FEET TO A 5/8" IRON ROD SET FOR 1BE SOUTHWEST CORNER OF THIS TRACT; THENCE N OO"OO'OO"W, A DISTANCE OF 6.08 FEET TO A 5/8" IRON ROD SET FOR TIlE NORTHWEST CORNER OF TInS TRACT: THENCE N 90000'OO''E, A DISTANCE OF 17.08 FEET TO A 5/8" IRON ROD SET FOR THE NORTIffiAST CORNER OF THIS TRACT AND POINT OF BEGINNING. tJf4~ /()124-~ 0)-\ ~ \ \ OS -- C:(o t'n~t~5 tB~ 34 \(;F1\1I>\ !\U-:!\10RANIl('l\1 rl BU( HI<,ARL\(, ~- ZuNli\(, il 1\\ \ uuncd Acll\lll Dalt'. 122\),u:)) Case ~o. 1105-07-Arriba De,elopmcnt: "\ change uf mnll1g from "1\-113" One-famtly Dwelling DIStflct III a "B--f' General BusIness DIslrll'! rhc pruperty IS a \acan! lract of land located north of L p 1{)','Cl Road and lnlerstate .,7 at lhe llltelSl'ltlun uf Session Road. Plaunin1!. Commission's Recolllmcndation: Appro\al of tl1l' .ronll1g change from "R-I B" One Familv fhvelling Distnct to "B-4" General Business District. Staff's Recommendation (11/2/05): Demal of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Busmess District. Requested Council Action: Approval of a "B-4" General Business District. Purpose of Request: No inCormation has been provided about the future development of the property. Summary : . Request: The applicant has requested a zoning change from "R-IB" One Family Dwelling District to a "B--+" General Business Distnet for marketing and development of a commercial business facility. N<, spt~cifie plans are available. . Existing and Future Land l'se: The subject property 1S at the nortlnvest comer of Sessions Road and Up River Road. Up River Road at thIS 10cal1on is also the frontage road for IH-37. The property is vacant with existing low density residential uses to the west and vacant land on the north and east sides The Future Land Use Plan designates this property for commercial uses along the highway frontage with low density land uses located to the north and behind the commercial uses. . Transportation: The south property line of the subject property contains 384 feet of frontage along Up RI ver Road/frontage road Along Sessions Road. a local street. the subject property contains 276 feet 0 f frontage . The property is located approximately 1,000 feet from the beginning of the exit ramp off of 111-37 . T'\.DOT has mdicated that the intersection of a local street (Sessions Road) and the frontage road and a driveway from the subject property in proxImity could create a traffic safety issue. TxDOT has indicated that a driveway from the subject property may be possible ifthe driveway is located at the extreme western edge of the subject property. A final determination on driveway location \\ ill be made when the property IS proposed for platting. . Traffic counts along this sechon ofInterstate - 37 and Up River Road are 61,170 ADT (Average Daily Tnps) and 4,580 ADT, respectively. . lJtilities: A water connection is available to the site and a wastewater connection is approximately 300 feet to the north on Sessions Road. . Zoning History: 1 here have been two zoning cases approved in proximity to the subject property during the last ten years. ,'aSl' '-/" )"_11-:' [.'\nl"~\ PC\C!{Q,nll'f1t 1 j . ~ l :- · Appro:\ll11alely'SU teet cIS! llllne ~llblect property along lp !{iyer Road, the property was " '(llle',. I" i 'H ,-f' is!!!, ,,1 '\Ii\ l' ,,\In Ii ] qq'" rl)! ,I 11!1l'-,llllLlflc husiness to senT tl1,,' ~\il((lI1t-: '1H,!11-!;lIl1I!\ ~\l1ii '1l':\rh' S!'1L'k-L1111Ih I!",CS . !\nnro:\II11Llteh I AOI) fcc! \\<'st (llthl' subJcct propL'rt\ along Up River Road, the property was r '(ltl,'d It, I "H--I" \\,!tb S11I",'I' I 1'l'1'1l1it Oil hl1'l' "70(),~ The Special Permit was for warehousc ,1 'd Ilnllkd ,)utdoor <;\ori!lll' lISt''' <omprehensin Plan and l.and lsl' (ompatibilit~: jllC l'ommL'rclal land use 1S conslstent WIth the Future L1!IJ I :,1.' I'bn \mcc sulhtal1tlLlI amounts of 10\\ denSIty reSidential zonmg backs up to the subJeu property, a '1eighbortJooJ im:--ItlCS:-- dlstnct \\ouIJ be an approprmte buffer to any future single- i'amll) de elopn1L'nt The C)rpll' Christi PoliCY Statements indicate that major commercial uses and lon1l1g sh'luld be located at the lI1ter:--ect!on of two arterIal streets, The subject property is located between the two major arterIal mtersectlODS of McKenZie Road and Violet Road, This mid-block lot is 110t an optimum location for general commercIal zoning, The Northwest Area Development Plan also mdlcatcs that this 1-37 cOlTldor j:-- a pnman entrance to the city and a dcsignated scenic corridor. AppUcant's Position: rhe .lpplkanl concur-; With the Plann1l1g (ommISSlon's recommendation ~otification: () II hl' n Illl' i Ii) nol (l', 111ill b 11 u the ~IJlTOl1nJlllg property owners, zero (0) \vere returned 1ll favor and zero (0) were rccel\cd 111 OppOSition Illslde the area. The 200;(, rule is not invoked. This case is considered controversial. ~J/I. ~ Michael N, Gunning, AICP Assi stant Director of Development Services MG/FGM/gp Attachments: ] ) Zoning Report 2) P1 anning Commission M 1I1utes ( 1 1 16/05) ~ ) Ordinance I\PIN!)!H 'I-IARI'D:( j"il W( IRD:,GLNI tMI'\1\211!J5",,'\clllbcr ill)' '\(iI'NDAMEMO.doc CITY COUNCIL ZONING REPORT Case "io \ 10"-'\ City ('ouncil Hearing Date: I )ecemher ~(). 2005 c:: e ~ ''; ~ ..... .... ; t; .~ t 'Q..Q ~- ~ ~ ~ ...l Applicant AlTlba De\eloplllent Owner .\rriba Development Agent: <.. oym. Rehmel. & GUlIClTc'/ Engll1eenng. Inc. Legal Description/Location Being 2.5 acres out of B S & F Survey 419. Abstract 570. Nucces County. Texas. located along the north side of II-! 37. at the intersection or Sessions Road. eIJ~ = ~ .... = ~ 0" N~ From: "R-l B" One-Family Dwelling DIstrict To: "B-4" (Jeneral Busll1ess District Area: 2.5 acres Purpose of Request: No lI1formation has been provHled about the future development of the property. "t:I c: eo:: - "t:I c: eo:: eIJ = t .... '" =""'" 0""" N eIJ c: .... ..... '" .... ;.< ~ Zoning Site "--r-'R_IB" ()ne Famtly'-- Dwellin District North "R- IB" One Family . I Dwelling District South "R-IB" One FamIly . Dwelling District -----4-- East . "R-IB" One Familv ! Dwelling District -W~;-t"R-1B" One Familv ! Dwelling District . Existing Land Use Vacant Future Land Use Commercial Vacant Residential IH-37 R.O.W. Transportation R.O.W. Commercial Vacant ~w Density Residential Commercial Q. '" ~ = ~ .s: Area Development Plan: Northwest ~~~ 0 -..., .... Map No.: 06105 ~ --= Q ..... Zoning Violations: None ~ > I".lge _ ~)nn:~; ": tT" \,,\i' "0! I" 1\- \ -, I r )i' ,1, '\! \')~\':~' · Rt.'quest: Ihe appl!c'<Inl h<l~ 1"':ljllested !1/()nll1~ change 1"')111 "R.-l B" One Family Dwellll1g District to a "B-4" (Jeneral Business DIStrIct for marketl11!! and development of a commercIal .'- h ~:Il \ Ih1 , . Existing and Flltllrt.' I.alld (,,,: Ihl' ,;till"l'j pml'"Tl\ i' at tl1L' nurthwcst corner llfSesslllns RUdll amil 'p Rl\l' Rl'dd \ Rl\el R\I.\,I JI IhlS 1""'~\IIUl IS also Ill.: rrontage road I'lli' Ill-.~~ i It;. I'cupl'n) .., \,i, .!lI' \\ l.\ \ 'Img Il'\- J"i"ll~, 1'.'<ll-:l1'I.IIII>es [<1 tlk' 1\l'St 11l1d lell'llnt Lllld 1n t 11l1nhnd '.'1.[ .ilk, 1'll' Fl\tUll' I J'ill I 'Sl' I'bl1,ksignates thIS property for 'o1rlmercai lhes lll()n~, II1\' hl~ll\\a\ fIUldll>!\.' \\1\11 U\\ dl'nsl1y lund lIses located to the north and b.:hllld the: COI'1l11lTl'l,tllhl'..... . fransportation: I he south property Ime of the subject property contains 384 feet of frontage along Up RI \ IT Road rrontagc road. Along Sessions Road. a local street. the subject property contall1s:76 feet of frontage . The property I.., located approxlmatel\ 1.000 feet from the beginning of the exit ramp off (.1' IH-3~ c ~ e e = r.r; . I xDUT has 1I1\.licated that the intersectiOn of a local street (Sessions Road) and the frontage road and a dn veway from the subject property in proximity could create a traffic safety issue. 1xOOT has mdicated that a driveway from the subject property may be [)ossiblc Jthe driwway !~ located at the extreme western edge of the subject property A Imal determll1atlon on dmeway locatIon WIll be made when the property is proposed for [,lattmg. . Traffic counts along thiS section of Interstate -37 and Up River Road are 61,170 AOT (Average Daily Trips) and 4,580 AOT. respectively. '" E:: ~ - 'J) . l Ttilities: A water connection is available to the site and a wastewater connection is approximately 30n feet to the north on Sessions Road. . Zoning History: There have been two zoning cases approved in proximity to the subject property dunng the last ten years. . Approximately 350 feet east of the subject property along Up River Road, the property was rezoned to a "B-4" district on November 11, 1997 for a mini-storage business to serve the abuttmg multi-family and nearby single-family uses, . Approximately 1,400 feet west of the subject property along Up River Road, the property was rezoned to a "B-4" WIth a SpeCial Permit on June 8, 2004. The Special Permit was tor warehouse and lImited outdoor storage uses. Comprehensive Plan and Land Use Compatibility: l'he commercia] land use ]s consistent with the Future Land Use Plan Smce substanllal amounts of low density reSidential zomng backs up to the subject property. a neighborhood business dlstrict would be an appropriate butler to any future single-family development. The Corpus Christl Policy Statements indicate that major commercial uses and zoning should be located at the intersection of two arterial streets. The subject property i~ located between the two major arterial intersections of McKenzie Road and VlOlet Road, This mid-block lot is not an optimum location for general commercial zoning. I'he Northwest Area Development Plan also mdlcates that th15 1..37 corridor is a primary entrance to the e'tv and a designated scemc corridor \,q;;;~ !\ ,--PI f":'l' ~( ~lil t :$ i ... :oJ ~ - r '" -; .2 ~~ ::r '.\ \ n .\, j)t'"\l'lnl"'!Klll .~trl'd I.' pl' I: \.isting l)and Section Volume (2001) ;"'I\" ;/,('!' II \\ 1 l' n . lE:1\l'~~jl'dlllI~_ ~~' IU).\\' 1\ 28 ft E<l\'l'd sectIOn , ';' R () \V \\ 2 ~ ft r~l\'ed sectIOn 4,580 a.d.t. I I "'13()()-~~ft- P l~,i\ i{()~h1 ~ d L,' ">'."'" !"':Ll P '-..::d '1'1 1 A plat IS reqUIred before buddmg permIts can be Issued, J.; ... = ~ a 8 ,... - ~ - = ~ 8 ... l... ~ Q. ~ Q . Where general commercial zoning abuts an eXlstmg or future low density residential area the coma.ercwl uo.es \\dl negative" Impact the residential area, . lratlic Impacb could be greater \\1\h a "B-4" Cieneral Business use as apposed to a "B-1 ,. NeIghborhood Busll1ess use, Traffic generatIon from the property and close proximity to II1\:' Session Road l11tcrsecllon and I-J: otframp could create a traffic safety issue, . I'he :::.5 acre s1\e h appropriate for neighborhood business uses, . "B-4" zoning should be reserved for commercial sites of a larger size at major ll1tersectlOns tl) create commul1lty or regional commercial developments and, to allow space for butTering ncxt to surroundmg low density resident131 areas. . rhe "B-1" district allows a wide variety of commercial uses but offers protection to the neighborhood by not allowing certain Impactive uses such as bars, auto repair shops, etc. = o .... ... ~ "0 = ~ ~ Denial of the "B-4" General Business Distnct and, 111 lieu thereof, approval of a "B-1 " ~ Neighborhood Business Distnct Cj ~ IX ~ ~ ... 00 )n;j;~ h ct' '<"; ,. ,,\" ~ _II \ '-" j I ) , J~" -+ - .. "'"' - oJ) .;: = '" 'iJ \pprO\~li ulthe "L~--r i,iel1erallsli~ll1e~S IJj,iiicl '" -~ C ~ ~ ~ E .~ E ~ e ~ wCX: Numbel dt Nutle, s .\Lilkli. t) Favur: (I OppOSltIun: 0 (As of November 10, 2005) A.ttachmcnt: Aerial Photo Zoning Map Site Plan Il.PLN-ldR ',01 lARi[)C,atl,WOIUY/Jr\RI' i S'.2i)(J5'Nil\cll1bcr\11 05-IIC((PcpDrLclDl "JIl;lj~ i L'P' [ a5t' "i,- I! '-0- I \rnha De\(:'I()t)-nenl. I'agl ' I /~ "~ ~ 01 NOV05/HK F-R Farm Rural DIstrict RE Residential Estate Distnct RA One Family Dwelling District R-1A One Family Dwelling District R-1 B One Family Dwelling District R.1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T1A Travel Trailer Park District T 1 B Manufactured Home Park Dist T.1C Manufactured Home Subdivision District ~- ~ >" " ., R-18 8-4 Case Z11 05-07 Notice Map A-1 Apartment House District ,:l,.1A Apartment House District ".2 Apartment House District AT Apartment- Tourist District AB Professional Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1.3 Heavy Industrial District )P Special Permit DUD Planned Unit Development r-"- - i.41 ' 1\:. ~" > " ',i, . t . ~ ..0 -,-:_:~ . ' _uu , B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B-2 Baytront Business District BD Corpus Christi Beach Design Dist. B-3 Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District GIS " Team th'#H !, . . , - ~- ; .. NORTH HC Historical-Cultural Landmark Preservation o 150 300 I Feet ~ ~/ ':41 l' !'~ 44 2'45' E ,-~: 1") J,-' ''- ? "-, ,1 ( ItvifRsl. R.O VV II. A. it? 37 AR1t?S) "",.., -1 ------~ "S1 'U!22"E._ \ \ , \ \ i 555.50' -1 12 18 AC TRACT REMAIN "R-1B" ~\ \ '~ '<tCr> b~ L!')C'-I o co o..C'-I Z PROPOSED 8-4 ZONING FOR 2.5 AC TRACT _ s (j) : 00 <.DCo t--ll'l N 0 tOi 00 N 64029'43" W~ /' 117.72' LEGAL DESCRIPTION FIELD NOTES to describe the boundary of a 2.5 acre tract of land being a portion of a 14.68 acre tract of land described in deed to the Bas-O-Moore Limited Partnership as recorded in Document #2000025066, Official Records, Nueces County, Texas and being out of the B,S. & F Survey 419, Abstract 570, Nueces County, Texas. s o 0:: o ~ I ..j Iii '-------~---_.L__ ,-------_.~--~, / ;:.::HE: DR r --!---~~__ - ..- t-- CD t-- (Y) '" -, ~ :. -:; ~--~ :;- 00 z o 00 00 w 00' , ----._._'~ I , .-L_j___ rY' ~ _'- _..,... i \ ~ =:-P'/ \~ ~\N E-~" -r-,. - ~ HAt1SLt..r. '--1..-- ',1' 'it. _ " ,;'-7\ l ;::.o:.c: . - ~ .- '-.' lC\IL_. coL:' .'\o:=- , ~:.., . i 'l P.O.B. ~ 9oJm, Rehmet 4fGutierrel C R IDJneerinI, InC. 5656 South Stn~les, Suite 230 Cor us Christi, T exns 7B411 & G Pho~e (361) 991-B550 Fnx 993-7569 eMnlli crg@crgel.coM DATE: 10/14/2005 JOS':9766C-l SHDT 1 OF 1 'If'il!'F''' RF(;n \R 1'1 \ 'I'" 'Ie CO'I "ISSIO'i "FFTI'iC (ountil Chamhcr!\- ('ity Hall \\ednt'sday '\0\ emher 1 (I. ~005 d ! I -; -il" :\lIlha I lC\cloplllelll. I ], R- i H t. il1cldlllll\ I l\\L'ii!ll~ UiSlIK[ to a '"13-4" General BL~sJJless DIstnQ _______ Being 1.5 acres (lut of B.S. 8: F. Survey -119, Ahstract :'\70. Nueces County. Texas. l,)(.lkd at the 11011h\\ est ll1lel'secllon ur Interstate :,'" frt\l1tage road and Sessions Road, l>an McGinn descnhed the subJect property \\ Ith a Power Poml presentatIon shown and the tape IS on file I'"lr McGInn stated that thlss a request for a "H--f' Cleneral 811~ll1eSS District. Access to the subject pruperty would be i)-om 1-.37 and lp RIver Road Ihc land use map mdIcates commercIal uses for this area. Staffrecommends denIal of the "8-4" Genera] Busmess DIstrIct and belIeve that a "B-1" Nelghborhood Busmess District would be more appropnate with adjacent residential uses in the area and 1-3'" bein>! desi[D1ated as a scel1lc COrrIdor ]t IS noted that \\'ithin 3 "8--1" distnct. there IS unlimited ~Ignage, II ans\\er [n ChaIrll:an Stonl:'s ljUL','lon. \11 \lL( lll1ll sTclled th.lt future plans for the development \s not known at thIS time Public he3rmg was opem'd. VIctor Gutierrez, representative for Arriba Development Mr. Gutierrez is with Coym, Rehmet and Gutierrez. 5656 S. Staples #230, Corpus Christi, Texas. Mr. Gutierrez stated that Arriba Development owns the property and an adjacent piece of property on the north side. There is an on-ramp and off-ramp for easy access to the property. There is a nine acre development to the north of Sessions Road by the name of Northridge estates, The subject property is attempting to get rezoned for marketing the property. A definite plan for development has not been decided upon. The owner chooses not to limit the development uses and IS an advocate of Improvmg the neighborhood development The owner anticipates the property being sold m a relatJvely short amount of time 1\11'. Ramirez. 3401 S, Alameda, Corpus Christl. Texas. We do not want to limit the marketability of the property. We are aware ofa cemetery to be developed m the area, We believe the property will lend itself to a hotel or restaurant Joe RansIer, 1515 Caribbean, Corpus Christl, Texas. My property is located across the street from the ,ubject property WIth approximately 3.5 acres with a "R-l 8"smgle family zonmg. We do not oppose the "B-4" rezoning and don'l want to limit the marketabtlity or the property, Jason RamIrez, 520 I Inverness, Corpus Chnstl. Texas Mr RamIrez stated we Just want to mcrease the marketability of the property Mr. Gutierrez stated that he met with the Texas Highway Department to review any access restrictions for this area. The on-ramp, off-ramp would be limited to one driveway similar to the Moore Plaza area. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ARRIBA DEVELOPMENT BY CHANGING THE ZONING MAP IN REFERENCE TO 2.5 ACRES OUT OF B.S. & F. SURVEY 419, ABSTRACT 570, NUECES COUNTY, FROM "R-1 B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Arriba Development 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 16, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20, 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 2,5 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located along the north side of Interstate 37, at the intersection of Sessions Road from "R-1 B" One Family Dwelling District to "B-4" General Business District. (Map 061050) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H\LEG-DIR\JosephlZoning-05\1105-07 alternate B-4.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances In conflict with this ordinance are hereby expressly repealed SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of December, 2005 ATTEST: THE CITY OF CORPUS CHRISTI - ~._--_._..._------ ~-_._--_._-_.- Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED __li~",-t-- ,L_2005 ita 1 IL Joseph arney ~ Assistant City Attorney For City Attorney H\LEG-DIR\JosephlZoning-05\1105-07 alternate BAdoe Page 3 of 3 Corpus Christi. Texas ria\! of 200>.) __ __.__M.._"" ~_.'._...~.'- ___'_'_"__ 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. R espectfu lIy, 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 William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott HIlEG-D!R\.IosephlZoning-051110507 alternate B.4.doc 35 AGENDA MEMORANDlJM PUBLIC HEARING - ZONING (City CouncIl ActIOn Date: l2l20/0S) Case No. l105-01-First Familv Church of Corpus Christi: A change of zoning from "R-IB" One- family Dwelling District to an "1-2" Light Industrial District. The property is 6.76 acres out of Block 1, Lot 1, First FamIly Church Tract, located north of Up River Road, south of Interstate Highway 37, 350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road. Plannin2 Commission (11/2/05): DeOlal of the "1-2" Light Industrial District. Staff's Recommendation (11/2/05): DeOlal of the "1-2" Light lndustnal Dlstnct and in lieu thereof, approval of a "B- I A" Neighborhood Business District. Requested Council Action: Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a "B-1 A" Neighborhood Business District. Purpose of Request: Vehicle impound and auction yard. Summarv : . Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to an "1-2" Light-Industrial District on a 6.76 acre tract. The purpose of the request is to establish a vehicle impound and auction yard use on the subject property. . The development plans for the subject property include an office/warehouse not to exceed 6,500 square feet in area, installation of outdoor lighting and a parking lot, placement of a chain link security fence around the perimeter of the property, signage as permitted (unlimited as to area and height in "1-2" District when out of the front setback) and landscaping. . The applicant expects to employ 2 to 4 employees that would work during unspecified "normal business hours." Operable seized vehicles (cars, trucks and tractor trailers) would be brought to this location and stored in the warehouse and parking lot area. Stored vehicles would be sold on the subject property during an auction held quarterly on a weekday. . Access for the subject property IS provided along I.H. 37 frontage road and the eastbound on- ramp, east of Carbon Plant Road. The secondary access pomt is along Up River Road, a collector that serves the Rolling Acres Subdivision to the south. The subdivision is developed with single-family residential homes from Up River Road southwardly to Leopard Street. . The Northwest Area Development Plan recommends multi-family and commercial uses along this section ofI.R. 37. Such recommended uses are more desirable to the adjoining "R-IB" Districts to the south and east and west. Industrial uses are not supported in proximity to residential development. Recommendation: Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a "B-1 A" Neighborhood Business District. "'genda Memorandum Case No. 1105-01 (First Family Church of Corpus Chnsti) Page 2 Applicant's Position: The applicant is m agreement of the ;;B-IA" Neighborhood Business District rezonmg Notification: Of the seventeen ( 17) notIces mailed to the surroundmg property owners, zero (0) were returned m favor and seven (7) were received m opposItIOn Inside the area and seven (7) received outsH.k the notification area which brought the opposition to 12.95%. The applicant has met WIth the Tuloso Midway Independent School District and the neighborhood since the Planning Commission meeting and are In agreement to the rezoning ofa "B-IA" Neighborhood Business District. The 20% rule is not invoked. This case is considered controversial. ~1dtr411 Michael N. Gunning, AICP Assistant Director of Development Services MGIf'GM/gp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:\PLN.D1B SHARED\Gail\WORD'A.GEN DMFM\200SNovember\ll C!5.() 1 2A(,ENDAMEMOdoc CITY COUNCIL ZONING REPORT Case No. 1105-01 Planning Commission Hearing Date: November 2,2005 Applicant: First Family Church of Corpus Christi Owner: Same as applicant - ~ Agent: Cravey Real Estate Services, Inc. ~ S Prospective Purchaser: Rod Robertson Enterprises - Houston, San Antonio, Laredo, atJ a EI Paso and Gregory, Texas - 'C = CJ .~ ~ Property Area: Being 6.76 acres out of Block 1, Lot I, First Family Church Tract, -:::~ c: located north of Up River Road, south of Interstate Highway 37, 350 feet east of Carbon ~ Plant Road and 3,100 feet west of Rand Morgan Road. From: "R-IB" One-family Dwelling District - ~ ~ 6- To: "1-2" Light Industrial District ~ r Area: 6.76 acres 'a ~ Purpose of Request: Vehicle impound and auction yard ~ ~ ~ ;;;J "C = "= .J "C = "= CL = 'a ~ N CL = .... - ~ .... l"! ~ Zoning Existing Land Use Future Land Use Site "R -1 B" One- family Undeveloped Multi-family and general : Dwelling District commercial - I North Out of City Limits Undeveloped Multi-family and general (O.c.L.) (across LH. 37) commercial i South "R-IB"One-family Single- family residences Low-density residential , I Dwelling District . East I "R-IB" One-family Undeveloped Multi-family and general Dwelling District commercial i West "R-l B" One- family Undeveloped Multi-family and general I Dwelling District commercial atJ ~ Area Development Plan: Northwest Area - The requested "1-2" District is inconsistent ~ S with the adopted Plan. The future land use map recommends the area to develop with a ~'-; range of development from apartments to commercial uses. ;.; ] Map: 059049/060049 ~;, Zoning Violations: None Zonmg Report Case No ! 105-01 (FIrSt Family Church of Corpus Christi) Page 2 . C ~ 8 8 =' rJ1 rI} b ~ - . rJ1 · Applicant requesting a change of zoning from "R-IB" One-family Dwelling District to an "I -2" Light- Industrial District on a 6.76 acre tract. The purpose of the request is to establish a vehicle impound and auction yard use on the subject property. · The development plans for the subject property include an office/warehouse not to exceed 6,500 square feet in area, installation of outdoor lighting and a parkmg lot, placement of a chain link security fence around the perimeter of the property. signage as permitted (unlimited as to area and height in "1-2" District when out of the front setback) and landscaping. The applicant expects to employ 2 to 4 employees that would work during unspecified "normal business hours." Operable seized vehicles (cars, trucks and tractor trailers) would be brought to this location and stored in the warehouse and parking lot area. Stored vehicles would be sold on the subject property during an auction held quarterly on a weekday. Access for the subject property is provided along I.H. 37 frontage road and the eastbound on-ramp, east of Carbon Plant Road. The secondary access point is along Up River Road, a collector that serves the Rolling Acres Subdivision to the south. The subdivision is developed with single-family residential homes from Up River Road southwardly to Leopard Street. · The Northwest Area Development Plan recommends multi-family and general commercial uses along this section of l.H. 37. Such recommended uses are more desirable to the adjoining "R-I B" Districts to the south and east and west Industrial uses are not supported in proximity to residential development. Paved Section Volume 2001 61,170a.d.t. ----,_.- Street I Type ----~eeway I rCarbon Plant Road-1 Collector f . I.H. 37 I --I ,400' R.O.W. wi 200' Bk. I to Bk. avement 40' R.O.W. wi 18' Bk. to Bk. paved section Planned: 60' R.O.W. w/40' Bk. to Bk. avement 60' R.O.W. wi 40' Bk. to Bk. paved section i Planned: 60' R.O.W. w/40' ...... __ .J Bk. to Bk. pavement 1,360 a.d.t. ~ o ~ - ~ ~ l. - rJ1 Up River Road 810 a.d.t. Collector Zomng Report Case No. 1105-01 (First Family Church of Corpus Christi) Page 3 '" ~ :: Q:~ rJJ I -~--_.. I I i Platting of the property is required prior to Issuance of a building permit. - c '" Cl,l - 8 ~ t: 8 C'S E c.~ Cl,l r . Q~ = ~ .... - C'S 1::1 C'S Cl,l .. E rJJ E ~ CJ Cl,l c:z:: I I July 1995, a change of zoning to a "B-4" District on the subject property and additional I property to the east and west \vas denied by the Planning Commission for the I development of apartments, a convenience store and mini-storage uses. Upon action of I i the Planning Commission, the applicant withdrew the case. The case received 270~J I opposition at the Planning Commission level. Denial of the "1-2" Light Industrial District. c ~ c-': .." ~ C'S --.... "0 .~ .~ ~ I Denial of the "1-2" Light Industrial District and in lieu thereof, approval ofa "B-IA" ,; ~ ~ I Neighborhood Business District. Q. ~ ~! U CJ. Cl,l =! il13 I Number of Notices Mailed 17 a'5 I Favor 0 a CJ I Opposition 3 ~ Cl,l , u c:z:: I (As of October 27,2005) I Attachment: Vicinity Map Zoning Map Photos of EI Paso, Texas facility H:\PLN-DlR SHARED\Gail\WORD\ZONRJ'TS\2005November\ 1105-0 I CCREPORTdoc , \ .----- "'~ i ! '--- 'l~'" ,/ ~-~ _. ,'t~~ '~.", fl' '~"~;--" 0 [~(I I c..&~ ~ 3L 105=0 I ALXS-OC T -18-05 Vlclalt7..p N ... W"lfl~~E ~~~~= "'f' S City 01 Corpus ChrlsH. TX r.....~-- I, . p, ..' ,1,,11.' , t- ' , j;' - - ~ - o 750 1500Feel I .'--r--~"- ---- o.,.nment 01 o.-.lopmenI Senok:.. R-1B Lu :> CEi Qi ...;' Lu Lu ~, Zr 01 <.91 <(, $r~ >~!!:.PVY~OOO DR. :!.Ji1.J.f$J-(J@i7-y~-(jry F.R Farm Rural District RE Residential Estate Olstrict RA One Famlty Dwelling District R,1A On. Family Dwelling District R.1B One Family Dwelling Olstrtc' R.1C an. Family Ow.lUng DI,trict City of Corpus Chrisd, TX !~,,-,.\ 1 !:" ; -- )"'- '.-" , r ,,". '-"':.-~. - DItpM1tItenI 0/1 0............"1 ItIn'k:.. -&? I- :z <( '-J Q @ fa) 'IX <( o OCt. , Uj) ~>~~~ / -~ ~ -,OAla ,f'-. ~, " ,,*,q'G' ", ">. 0 -.z ! '-- ~t1-> . 'f.t~ ' i ~E:,- D' ~ ~/v. ' ~-~ '- "1' T'~ R-1B ( ,I ~ :::01 'j= I~ j' ~ Or---- .~Ic:~- - \~I~=~ 1 Z I I" 0 "I \----- 0 - -1~r ..i-~~ ~ 1m, I < -, en [~____~ m ~ - 0 : l' I ~ ' f--~----l ~-- c.... )> ""0 o Z C'5 )> o :;0 < m ~ --+-- , I , e~SJ~ ~ ~ ~O~=O ~ Rotic. Map> =- R-TH Townhouse Dwelling District 8-1 Neighborhood Bu.I..... District B-1A N.~hborhood Busine'l Diatrlct B-2A 8arriar Istand Busio... Olstrlct ~ Llght__ Dlslrlct 1-3 HHVY _tri.l1 Dlslrict SP Spec:Iol Perml1 PUD P..ri_ Unllllevelopment R.2 Multiple Dwelling District T.tA Travel Trailer Park Dill.ricI T -1 B Manufactured Home Park District 8.2 8ayfront Business District 80 Corpus Chrl..d Beach Oeslgn District 8.3 Bu..tn...s District N ... W~~~~~E .".. S He Hiatorical.cultural Landmark Preservation T -1 C Manufactured Home Subdivision District A.1 "'partment House m.tric1 ....1" Apartment HOUle District S" General BUliness Diltrict A.2 Apartment House District 8.5 Primary Business Dlltrict AT Apartment.Touris-t District 8.06 Primary Bus'nes-s Cor. District 1.1 Limited Industrial District AB Professional Office District o 150 300 Feet I Exterior Photos of Rod Robertson Enterprises HM--r Crav~,,,-,":,,____ 1-" ): j !\' Exterior Photos of Rod Robertson Enterprises (cont.) HAl ~ Cra\7~e,'!["'''S'' ices, Ir-Il : L ( ~, I ,I 1- i" (,I! MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - November 2, 2005 a 1105-01 Flfst Family Church of Corpus Christi, Inc,: "R-1 B" One-family Dwelling District to an '1:2" Light Industrial District Bemg 6,76 acres out of Block 1, Lot 1, First Family Church Tract, located north of Up River Road, south of Interstate Highway 37,350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road. Faryce Goode-Macon stated this proposed request is for a rezoning from a "R-IB" One-family Dwelling District to an "1-2" Light Industrial District. The subject property is located north ofI-37 and south of Upper River Road. To the east, is Carbon Plant Road and to the west is McKenzie Road. The subject tract consists of 6.76 acres. The applicant is requesting rezoning for development of a vehicle impound and auction yard along with an office and warehouse structure not to exceed 6,500 square feet. The applicant is proposmg outdoor lighting whIch will be shielded from the neighborhood, a parking lot, along with a chain link fence surrounding the perimeter of the property. In the "1-2" District, slgnage would be unlImited once placed behmd the 20 foot front setback. The business IS proposed as having 2-4 employees and will open between the hours of 8:00 a.m. to 5:00 p.m.. Monday through Friday. The land use map currently calls for general commercial zoning in this area. In view that the land use map does not support an "1-2" zoning, Staff does not recommend the request at this time. In answer to Commissioner's Salazar. Ms. Goode-Macon stated that an "1-3" District is needed for a salvage yard. In answer to Commissioner Pus ley 's questions, Mr. Gunning stated that there were no restrictions as to the hours of operation. Mr. Gunning stated this area is the corridor area into the City. There were 17 notices maIled with six (6) received in opposition bringing the opposition percentage to 9.06% along with a letter from the superintendent of Tulosa-Midway ISD stating their opposition Commissioner Skrobarczyk stated that with the Joe Fulton corridor, you will have increased acceptability of this area with possible restaurants and a potential for better visual Impact for entry to the l'ity Public heanng was opened. John Smith, Pastor of First Family Church. He stated that the Church purchased the (10) acres on 1-37 in 2000. We would like to sell six (6) of the total acres and the development of this request. The Church representatives spoke to the buyer and in favor of this rezoning. The proposed use will provide a good buffer to the residential area and accessible to the future Joe Fulton corridor. Commissioner Pusley stated that there is the pOSSIbility that the proposed purchaser could sell the property and another type of busmess could locate there that might not be agreeable to the Church. PlannIng CommISSion MInutes Case No 11!l5-01 (Flrst famlly Church of Corpus Christi) Page 2 Rod Robertson of Rod Robertson Enterprises stated that he had similar types of businesses in other locatIOns. It IS not a salvage yard but an impound lot for seized vehIcles. We have been In business for (20) years On 1-37, this use makes a natural buffer to the corridor and should be attractive to the reSIdents. It is our mtention to have a contract for five (5) years wIth the U.S. Marshall's office and I envlsion being at thiS location for at least 5-10 years. in answer to Mr. Zamora s question, access to thiS property would exit Carbon Plant Road and travel do\vn Up River Road. Traffic for the proposed use would generate approximately 50 transactions per month The gates would be locked with a sign-in log with proper Identification needed. In answer to CommIssioner Martinez, the auctIOns are held on site every 3-4 months. In answer to CommIssioner Pusley's question, when the officer makes a seizure and it is after )'00 pm the vehicle is picked up the next morning and taken to the lot during hours of operation. Robert Creglow, 9863 Daisy, Corpus Christi, Texas. There are eighteen (18) wheelers attempting to make turns on Carbon Plant Road currently. TxDot's design to the Joe Fulton corridor would have to mclude a tlyover. A new elementary school was recently built in the area and the school buses have to pull ofT on the side of the road when faced with oncoming traffic There is no actual shoulder available. Edgar Sandoval, River Square Complex. Our agency is an agency offering non-profit affordable housing. Mr. Sandoval stated that this tract of land could be used for other uses does not agree with the reZOning As far as access, Up RIver Road is the only access. All this traffic will utilize Carbon Plant Road and Up River Road. Plans are scheduled in late 2008 to have (50) acres set aside for a veterans designated cemetery that will accommodate 52,000 veterans on the north side oflH37. Edith Cosgrove, 9871 Daisy Dnve, Corpus Christi, Texas. Mrs. Cosgrove stated her opposition to the development of a vehicle impound yard. Mrs. Cosgrove stated that Up River Road is a very narrow road and this will only increase traffic. Pat Crawford, 9815 Daisy Drive, Corpus Chnsti. Texas. Mr. Crawford stated that this was not a good image for the entrance to Corpus ChrIsti. Steve Crice, 10017 Up River Road. Mr. Crice stated the project was located directly in front of hIs office and felt it would lower his property values. Kenneth Cotten, Cravey Real Estate. Mr. Cotten stated that in the past, Staff and Planning Commission recommended an "A-I" District or townhouses. In his opinion, this area is too close to the interstate for apartments or single family residences. There are no curb cuts available along the access road Dr. Gonzalez, Tulosa Midway School District. Dr. Gonzalez stated rezoning ofthe property to an "1-2" District would be detrimental to the area. The subject property is located approximately Y2 mile from the new primary school. The school district believes the proposed use would be a negative impact for our children. A $20,000,000 bond was issued to move our schools away from the industry. We do not want industrial uses around our schools and children. Rezoning the property to an "1-2" District would bring increased traffic onto Up River Road The school district wants to support business uses compatible to our commumty. Planrnll" C,'mmISSIOIl \ll11ute:i Case No I' (j)-O I (First Family Church Ill' Corpu\ Clms!l) Page :; Mr. Kronke, COrpus Chnsti, Texas. Mr. Kronke stated that he was the former owner of the subject property. He tried to rezone the property to an "A-I" District and a "B-4" District in the 90's, but was denied by the Plannmg Commission and City CouncIl. There was not any community support for the request eJther Public heanng was closed. Commissioner Pus ley stated that he has known Mr. Cotten for several years and has also served on the Tulosa-Midway school board. Commissioner Pus1ey further stated that he did not feel a recommendation for an "1-2" District could be supported During the meetmg, a petition was submitted bringing the opposition to 12.95% against the rezonmg. After review and discussIOn, motIOn for denial of an "1-2" Dlstnct was made by Commissioner Pusley and seconded by Commissioner Zamora. Motion for denial was unanimous with Chairman Stone being absent. H:\PLN-DIRSHARED\Gail\WORD\AGENfJMEM\2005\Novemberl I J 05-0 I Minutes Excerptdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY FIRST FAMILY CHURCH OF CORPUS CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO 6.76 ACRES OUT OF BLOCK 1, LOT 1, FIRST FAMILY CHURCH TRACT, FROM "R-1B" ONE- FAMilY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of First Family Church of Corpus Christi for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20, 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 6.76 acres out of Block 1, Lot 1, First Family Church Tract, located south of Interstate Highway 37, 350 feet east of Carbon Plant Road, and 3,100 feet west of Rand Morgan Road, from "R-1 B" One-family Dwelling District to "1-2" Light Industrial District. (069049 & 059049) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H: \LEG-DIR\Joseph\Zoning-05\ 1105-01 Regular. doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~.J.,y 1(, ~~ IJ / Joseph ~arney ~ Assistant City Attorney For City Attorney Henry Garrett Mayor, The City of Corpus Christi 2005 H:\LEG-DIRUosephlZoning-05\11 05-01 Regular.doc Page 3 of 3 Corpus Christi. Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfu lIy, 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 William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIR\JosephlZoning-05\ 1105-01 Regular.doc 36 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the results of the 2005 festival by Bayfest organizers. STAFF PRESENTER(S): Name Title/Position Department 1. 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Barbara Milfelt 2. Duncan Sarno General CoChair Board President Bayfest Bayfest ISSUE: Organizers of Bayfest will present a report on the 2005 festival. BACKGROUND: 2002, 2003, and 2004 produced lower than anticipated revenues for Bayfest, primarily due to weather conditions, leaving the organization in a less than desirable financial condition after Bayfest 2004. With the support of numerous sponsors and supporters, the 2005 event was a success and has placed the 2006 event in a much better financial position. REQUIRED COUNCIL ACTION: None. ent Head Signature) Additional Background Exhibits 37 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Memorial Coliseum Proposed Re-Use and Rehabilitation. STAFF PRESENTER(S): .-JIame 1. Oscar Martinez 2. 3. 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U) C o .- ..., U) ~ :::I 0' 38 ORDINANCE REPEALING ORDINANCE 026526 WHICH AMENDED THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, REGARDING THE ELIMINATION OF VEHICULAR TRAFFIC ON THE BEACH SEAWARD OF THE PADRE ISLAND SEAWALL, THE DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance 026526, passed on October 18, 2005, which amended the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on the beach seaward of the Padre Island Seawall, the direction of travel between Whitecap Boulevard and Padre Balli Park, and establishing a pedestrian safe area, is hereby repealed. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect upon first reading as emergency measure this the 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: December 15, 2005 l:i~~~JMri~ . City Attorney Corpuc: Christi Texas _ _ _ Day of __________' 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause ot 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 39 AGENDA MEMORANDllM RECOMMENDATION: Motion approving a recycling service contract with Dolphin Recycling, ( urpus ,lmslL I ~lI.as l(ll the lI11ake ami processing ufresidential recyclable materials in accordance with Request t()r Proposal No. BI-OI40-0S, based on only proposal received for an estimated annual !-c'venul' d t'S5-t__, x 1.20. lhe terms 0 rth~ contract shall be fl.)!' five years with an option to extend the contract tor ur 1(\ three ;lddit!nnal five vear periods suhject to the approval of the supplier and the City Manager or his designee *************;:************************************************************** BACKGROUND: Purpose: Dolphin Recycling will be responsible for the intake, processing, marketing, and selling of approximately 3,000 tons of separated (multiple stream) recyclable commodities consisting of aluminum cans, newspaper, tin cans and plastic. The contractor will also be responsible for collecting recyclable commodities from the City's three drop-o ff sites and implementing a comprehensive in house recycling program f()r any City department's requesting such service. The City will receive a percentage of the selling price of each commodity based on the recycling index at the time of the sale. This revenue will serve to partially reimburse the City for the cost of transporting the recydables from the end of a collection route to the acceptance facility. Bid Invitation Issued: 10 Bids Received Award Basis: Only Bid The City received a late proposal from BFI Corpus Christi, Texas but could not consider it as it was received after the due date and time. , \ :1~1 arrera Procurement and General Services Manager ..-- -- --- EXHIBIT A Contractor DOLPHIN RECYCLING Service Agreement No. SA THIS Collection, Processing and Marketing Residential Recyclable Commodities CONTRACT (this "Agreement") is entered into by and between Dolphin Sales and Services. InL. General Partner of I.O.B. Enterprises, Ltd. dba Dolphin Recycling (the "Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation (the "City") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Collection. Processing and Marketing Residential Recyclable Commodities in response to the Request for Proposal # Bid Invitation No. BI-0140-05: and WHEREAS the City has determined Contractor to be the best responsible bidder; NOW, THEREFORE. Contractor and City enter into this Agreement and agree as follov,,'s: 1. Services. Contractor will perform the Collection. Processing and Marketing Residential Recyclable Commodities in accordance to the Request for Proposal # Bid Invitation No. BI-0140-05. The contractor will provide services included on Exhibit A. The contractor will be responsible for implementing a comprehensive in house recycling program for any City of Corpus Christi department requesting such service at no cost to the requesting City Department. This includes all equipment, education and monitoring needed to professionally and successfully complete/maintain the program at the contractor expense. It is intended that City Hall located at 1201 Leopard S1. shall be implemented first and used as a model for other departments. 2. Term. This Agreement is for 60 months from written notification to Contractor by the City to commence service within 45 days. There will be three option renewals of (5) five years each. Both parties must agree on the option to renew at the appropriate time which shall be no later than (6) six months prior to the end of the contract period as specified by date of execution ofthe contract. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, which is the Director of Solid Waste Services or the Assistant Director of Solid Waste Services. 4. Independent Contractor. Contractor will perfonn the services hereunder as an independent contractor and wlll furnish such services in its own manner and method, and undt'r no cirCwllstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the CmJJract A<iministrator~ will he given at least 30 days notice of cancellation, material change in the coverages. or intent not to renew any of the policies by certified mail The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are attached and incorporated as Exhibit C, and may be revised annually by the City Manager upon 30 days written notice to Contractor. Upon the effective date at anniversary date each year a proper submittal of insurance shall be submitted no later then 10 (ten) days after the aforementioned date. In the -.:ourse of any year it is the contractor's responsibility to submit any changes in insurance carriers or coverages within 30 days of said change. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The perfonnance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition ofthis Agreement, or Contractor's bid offer to Request for Proposal # Bid Invitation No. BI-0140-05 waives any subsequent breach of the same. 9. Compliance with laws. 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. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrators. In using suoc()ntractors, Contractor is responsible for all their acts and omissions to the same extent as if rhe subcontractor and its employees were employees of Contractor. All requirements set fiJrth as pan of this Agreement are applicable to all subcontractors and their employees t(, the S(lnw nlent al;; ,ftht ('pntrcwt"r and it<;; l'mployee<; had performed the services. II. Amendments. rhlS Agreement may be amended only by written agreement signed by duly authorized representatives ofthc parties hereto. 12. Termination. nle City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal # Bid Invitation No BI-0140-05. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work day's written notice of the breach and 30 days time period to cure. The notification of acknowledgement of receipt of notice shall be by certified mail upon any principle of the company. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. The City may terminate this Agreement upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 hours written notice to Contractor for failure to payor provide proof of payment of taxes as set out herein. 13. FORCE MAJEURE. Force Majeure means any event or condition, whether affecting the City or the Contractor, that has. or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war. blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, ifit is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing party, and the non- performing party does not control the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change in interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation. rule. requirement, or ordinance. (A law. regulation, rule, requirement. or ordinance lS duly adopted. promulgated. issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective Of to ht'C( 'me etTectiw \\ithnul any further action by any Federal. State or local g(lvernmental body. administrative agency. or governmental official having jurisdiction. ) (d) rhe tailure oUhe Lit) or public utilities having operational jurisdiction in the area of service to provide. maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the service except a failure caused by the gross negligence. willful action. or a lack of reasonable diligence by the City. (e) A strike. lockout. or other similar labor action; (f) The failure to obtain or maintain any essential permit or license from any governmental unit: As detined by Force Majeure, neither party shall be held responsible for losses resulting if the fulfillment of any terms or provisions of this contract is delayed or prevented by any cause not within the control of the party whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide. publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefor. Failure to payor provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Trash Service. The City will be responsible for providing trash service for the first year at the Contractor's site for City's waste only. After, the first year it shall be understood that the cost for trash service will be borne by the Contractor. 16. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy, which is a Zero Tolerance policy that eliminates Drugs in the workplace. 17. Notice. Notice may be given by fax; hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Procurement and General Services Manager P. O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: (361) 857-1906 IF TO CONTRACTOR: Contractor Name: Dolphin Recycling Contact Person: u _Rick Carpenter Address: 717 LcSkr Street - -~--~ ..--- City. State. Zip: Corpus Christi. Texas 78408 FAX No.: 3{) I -904-0 I 04 18. Month to Month Extension. If the City has not completed the bidding process and awarded d new Collection, Processing and Marketing Residential Recyclable Commodities contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month to month basis until a new contract IS awarded by Council. This Agreement automatically expires on the effective date of a new contract: the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. SIGNED this 2 day of Decemberu_ ,2005. Contractor: .ZJ //~-L Name: Rick Uarf>en r Title: Treasure ATTEST: CITY OF CORPUS CHRISTI Michael Barrera Procurement and Geneml Services Manager APPROVED THIS P DA Y OF ~ MAR Y KAY FISCHER, CITY ATTORNEY ,20D 5". By: Proposal # Bid Invitation No. 81-0140-05. City's Trailers Insurance Requirements. 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C- c.. <( . . . . 40 AGENDA MEMORANDUM City Council Action Date: December 20, 2005 SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $1,894,815 for a total re-stated fee of $3,074,465 for the Water System Interactive Hydraulic Model and Analysis to include the following projects . Southside Transmission Main, Phase 7 . Southside Transmission Main, Phase 8 . Padre Island Elevated Storage Tank (1.0 MG) . On-Going Modeling Support . System Operational Protocol ISSUE: The Water System Interactive Hydraulic Model and Analysis project is being amended to include five additional major components. Phases 7 and 8 of the Southside Water Transmission Main will tie the mainland phases of the project to Padre Island in order to provide TCEQ-required minimum flows to the Island. The Padre Island Elevated Storage Tank is required to alleviate pressure fluctuations on the Island due to demand spikes, electrical outages and TCEQ regulations. The On-Going Modeling Support and System Operational Protocol provide important information to City staff and allow further refinement of the operational protocol and potential impacts on the operation of the water system. 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. W,Ux-- ' ~ ~ 1~4,,~ j,sd J:' ~ '2/'sipS- Eduardo Garana, P.E. ~R. Escobar, P.E. Director of Water Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map rl\HOME\Rachpile\GEN\Water\Water System\8487\Arnd Nc 5\Apenda Melllodoc AGENDA BACKGROUND INFORMATION SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487) AMENDMENT NO.5 PRIOR COUNCIL ACTION: 1 November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute a consultant contract with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $507,157 for the Water System Interactive Hydraulic Model and Analysis project (Motion No. M2003-420) 2. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for engineering services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $361,816 for the Water System Interactive Hydraulic Model and Analysis project (Motion No. M2004-221) 4. September 24, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.2 for engineering services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $111,246 for the Water System Interactive Hydraulic Model and Analysis project (Motion No. M2004-361) 5. June 28. 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment NO.4 for engineering services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $199,431 for the Water System Interactive Hydraulic Model and Analysis project (Motion No. 2005-205) PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28. 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 6. April 11, 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8 April 25, 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas l.j \HnME\R3ch~;ie\GEN\Watef\\'.,later Svstemv;487\An-,-, Nc 5\ACiENDA 8ACKGROUNC do: Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. August 4, 2003 - Letter Of Notification No 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 10 December 22. 2004 - Administrative approval of Amendment No. 3 for engineering services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed $0 for the Water System Interactive Hydraulic Model and Analysis project. PROJECT BACKGROUND: The original contract provided for preliminary phase services for the Interactive Hydraulic Model. Council was advised that approval of a City-wide Interactive Hydraulic Model would be necessary to complete the project. · Amendment NO.1 consisted of an updated interactive hydraulic model and analysis that will be used to update the 1995 Water Master Plan and includes field verification of the City's distribution system; inventory/analysis of valve system; review of water delivery system; provide steady state/extended period simulation analysis; all deliverables to be compatible with the City's GIS and all databases generated will be compatible with various water system modeling software. . Amendment NO.2 provided for the development of Phase 1 of contingency planning with federal and state agencies for the Oso Bay 30-lnch Pipeline Crossing. Contingency planning is necessary to allow the development of pre-negotiated responses with the U.S. Army Corps of Engineers (USACE), resource agencies, and the U.S. Naval Air Station of Corpus Christi. . Amendment NO.3 was a zero-cost amendment that extended the time of the Extended Period Simulation (EPS) Model Development. The consultant undertook a new task to collect, evaluate, and incorporate this data in the EPS Model Calibration. With the additional work begin undertaken and the resulting delay, the consultant anticipated needing a 90-day extension to complete this portion of the work. . Amendment NO.4 provided for the rehabilitation, replacement or re-routing of approximately 4,100 linear feet of 20-inch water line from near Dona Street to approximately 1,000 feet east of Navigation. DESCRIPTION OF AMENDMENT NO.5: Amendment No.5 consists of the following elements: . SOUTHSIDE TRANSMISSION MAIN, PHASE 7, PROJECT NO. 8393 Consists of the design of the recommended 36" transmission main from the end of Phase 6 located at Sea Pines Street to Sand Dollar Pump Station. This project shall include approximately 17,000 linear feet of 36" transmission main, tie-ins at Sea Pines Street and Sand Dollar Pump Station, and street crossings at Hwy 361, Whitecap Road, and Park Road 5. This project is required due to the existing single water feed on Padre Island being a 24" ductile iron pipe, which is over 30 years old. This project will tie the mainland Phases 1 through 6 of the Souths ide Water Transmission Main to Padre Island in ;! \HOME\Rache!le\GEN\WaterWVater System\8487\Ap,.j Nc; ';\A(;END~ BACKGROUND doc order to upgrade and provide required TCEQ minimum flows to the Island. This project will include installation of a 36" line along the east side of Park Road 22 that will terminate at the Sand Dollar Pump Station. Design of this transmission main will be coordinated with the 2.5 MGD Aquifer Storage and Recovery Facility (ASR) (under separate contract) to meet projected demands and provide reliable water supplies for Padre Island · SOUTHSIDE TRANSMISSION MAIN, PHASE 8, PROJECT NO. 8552 ConsIsts of the design of the recommended 30" transmission main from Sand Dollar Ave. Pump Station to the proposed elevated storage tank on Padre Island. This project shall include approximately 26,000 linear feet of 30" transmission main, tie-in at Sand Dollar Pump Station, street crossings at Hwy 361, Whitecap Road, and Park Road 5. Also included in this project are the tie-ins of major transmission mains at Highway 361 and Whitecap Boulevard. This project IS required due to the improvements on Padre Island and new TCEQ regulations for elevated storage requirements, an elevated storage tank will be installed on at the end of this main. This project will provide a 30" transmission main to supply the elevated tank and will be an integral part of the ASR for the Island. · PADRE ISLAND ELEVATED STORAGE TANK (1.0 MG), PROJECT NO. 8551 ConsIsts of the design of the recommended 1.0 MG elevated storage tank south of the Kleberg County line The elevated storage tank shall be designed to withstand severe coastal environmental conditions and will include cathodic protection and coatings. The elevated storage tank is required to alleviate pressure fluctuations on the Island due to demand spikes and electrical outages. It is also required to comply with TCEQ regulations since there is currently no elevated storage in the new pressure zone created by the Sand Dollar Pump Station Improvements. Design of the elevated storage tank will be coordinated with the 2.5 MGD Aquifer Storage and Recovery Facility (ASR) (under separate contract) to provide adequate storage for projected demands on the Island · ADDITIONAL SERVICES ITEM 17 - ON-GOING MODELING SUPPORT 17 1 On-Going Modeling Support The City anticipates the need for certain modeling support from the Engineer, who will provide these services as requested in writing by the City. These services are anticipated to include, but are not limited to, the following: semi-annual updating of the model with new or modified infrastructure data from the City's GIS; on-call modeling support for instances when the City needs to review potential impacts on the operation of the water system; other modeling as required by the City. (Task Fee: $54,956) rl IHOME\Rachel!p"\,GEN\VVater\\/I_iater Syslem\6,-187\.f.\mc! ~c 5\AGENDI'~ BACKGROUND doc 17 2 Large Volume User Demand Study - Ratification The Large Volume User (LVU) Demand Study Work Task was identified under our authorized Task 9.0, Extended Period Simulation (EPS) Model Development, where it was noted that additional verification analyses would be recommended (Task 9.5) if model validation could not be completed to an acceptable level. It was determined that the L VUs have a significant impact on the operation of the water system, particularly the diurnal (daily) and hourly variations in water use as it affects the calibration of the EPS model In order to effectively model the system in the EPS mode, it is necessary to understand the diurnal fluctuations in water use attributable to the L VUs. Historically, the only available water use records for the L VUs were the monthly water billing records, which are inadequate to identify the diurnal and hourly variations in LVU demand. The objective of the LVU demand study is to develop a methodology to collect suitable water demand data from the Large Volume water users, to supervise the collection of the data, evaluate the collected data, and to utilize the data in the EPS modeling analysis. (Task Fee: $63,795) 17 3 Fire Flow Analysis (Motel 6) - Ratification The objective of this Task is to provide the Water Department with a rapid response to water system issues and questions regarding service connections using the Corpus Christi Water Model as outlined under On-Going Modeling Support, On-Call Modeling, and Additional Services. Specifically, modeling analyses will be conducted regarding a fire flow issue for a proposed development on Lantana Street consisting of a Motel 6 and Industrial Park site. (Task Fee: $1,727) 17.4 Cantwell Lane Modeling Analysis - Ratification The objective of this Task is to provide the Water Department with hydraulic modeling services in relation to water supply and pressure issues occurring on a 16- inch water line in Cantwell Street, which has an 8-inch bottleneck. Modeling scenarios were conducted for several demand conditions to ascertain whether improving the bottleneck would improve supply conditions. This work task is outlined under On-Going Modeling Support, On-Call Modeling. (Task Fee: $1,279) 17.5 Development Review/Response Procedures The purpose of this Task is to provide consulting services to the Water Department concerning protocol and procedures for standardizing Water Department review processes in response to new developments impacting the water system operation. This will include a review of procedures from similar municipalities, system design guidelines, and operational criteria. Samples of appropriate material will be provided to the Department, in addition to participating in meetings with staff to discuss the various procedures. (Task Fee: $26,477) H IHOME\RachelleIGEN\WatenWater Systel11\8487\Ar~,d NCJ 5\AGENDA BACKGROUND doc 17 6 Water Department Schematic Book This task will collect and organize all information regarding each pump station, elevated tanks, ONSWTP, critical pressure zones, and Large Volume User meter locations into one book, entitled "Water Department Schematic Book". Level of detail includes direction of flow, pumps flow rates, valve and meter sizes and type. Information included at ONSWTP includes each size and type of pumps, master meters, and chemical feed lines. and injection points. (Task Fee: $120,332) · ADDITIONAL SERVICES ITEM 24 - WORKSHOPS Attend workshops with City staff to review the Draft Review/Response Task Results Summary Document prepared by the Engineer in the Project Deliverables Task and System Operational Protocol Demonstration Program Task. The Engineer will be responsible for preparing materials associated with these workshops and meetings. Incorporate City comments into the minutes for the workshops and into the project reports. Following the workshops, Engineer will prepare workshop minutes that record all comments from the City · ADDITIONAL SERVICES ITEM 27 - PROJECT DELlVERABLES Engineer will prepare task result summaries for Task 17.0 and Task 45. This document will serve as a mechanism to convey information and results, solicit comments from the City staff, and to gain consensus with the conclusions and recommendations. · ADDITIONAL SERVICES ITEM 45 - SYSTEM OPERATIONAL PROTOCOL DEMONSTRATION The purpose of this task is to verify Water Distribution System Optimization as identified by the new Water System Hydraulic Model. The procedure for this task includes isolating various sections of the system and taking pressure and flow readings throughout the system. If this optimization is verified in the field, City staff will incorporate the recommended changes to enhance water pressure during the low-flow winter months. CONTRACT SUMMARY/FEE: A schedule and summary of fees IS attached as Exhibit "B". \HOME\Racheiie\GEN\WalerIWater Svstem\P487\Anu No 5\AGENDA BACKGROUND doc CONTRACT SUMMARY PADRE ISLAND ELEVATED STORAGE TANK (1.0 MG) SOUTHSIDE TRANSMISSION MAIN, PHASE 7 (36") SOUTHSIDE TRANSMISSION MAIN, PHASE 8 (30") - ACTIVITY DJ:CiftColltract to City , Contract to City Council ,_Begin Design Memo , Submit Design f\!emo , City Review 1 Begin Design Phase · 60% Submittal ~m_____....____.___._ City Review 100% Submittal --'^--'--"'--~------""--"--'-'---~'--"-- City Review~___ Final Submittal I -.A:dVertise for Bids(2)-r _PrE?-Bid MeetlQ9 Receive Bids . --- .._---_.._~_.- Award Contract ---_.,._----~_.- Begi~_onstruction __ End Construction 1~O-MG--ELEVATED TANK-T-36" TRANSMISSION MAIN & 30" TRANSMISSION MAIN October 24, 2005 December 20, 2005 December 21, 2005 March 27, 2006 A ri114, 2006 A ri117, 2006 Au ust 14, 2006 Se tember 1, 2006 Janua 29, 2007 Februa 16, 2007 March 9, 2007 March 23, 2007 A ril 3, 2007 A ril 11, 2007 Ma 9,2007 June 2007 December 2008 --'---,"...-- - ----_.-- October 26, 2005 __~Des:ember 20, 2005 N/A N/A N/A May 1 , 2006 January 15, 2007 February 9, 2007 April 16, 2007___~ May 7, 2007 __ May 21,2007 ___ _ June 4, 2007 f _ June 19, 2007 June 27,2007 1=:-. July 24, 2007 .. ___ September 2007 ___+-_ December 2008 --L 45.0 SYSTEM OPERATIONAL PROTOCOL DEMONSTRATION Task , Draft SOP Demonstration Protocol Workshop >- SOP Demonstration Kick Off Meeting . SOP Demonstration Results Workshop . Final SOP Demonstration Results Scheduled Com letion Janua 11,2006 Janua 25,2006 Februa 22, 2006 March 20,2006 (Fees are shown on the next page) EXHIBIT "B" Page 1 of 2 rJl '(j) ~ !II c: <( "C c: !II OJ "C :.;::l 0 rJl:E ~ .:! ~ u3~ rJl ~ ' ::s "C 0 Q, >-z 5J:- U CII lil '0 i;'o ... ~l;la.. .- ... U$ c: E CII - VI >- rn ... CII - !II ~ 1- T It) ci z - c: CII E "C c: CII E <C ~ ~-I ZI- 00 ~I- <l: I .....0 00"; .... ~~ Ow Z!:: .. c: ~ 5 fo~ !.g~ 00 c: E Ii: ~ s CI> .. 0 ,., If) .....C! ~~ ,~ Ow Z!:: .. CI> t;:E .!,. e o CI> Q:~ Cl> o .....C! ~.. OON .~ Ow Z!:: .....C! 00..... "T" ~:E Ow z!:: g> g> t:: '0 = &. Cl {l Q. I' , 0 ~ 6:Elf) T" II) II) 00 o z N II) : I o z C? en C? 00 o Z i i i , [++ ! ' I I III Q. o .r:::. III "'" o ~ 't:l S"'" .. ; ;:;1- jjj ~ ~ ~ C!U) T" c: o .. ~ :g CIJ ... c: U):J o o M c: o 'iij III 'E c: 111m ;:= ~ to M o 8 01 0..... 0 :. T" ~ 00 i ,....uif"i'&GN II) ,..... ,.... '" N M M i co ! U') ~ lhit./t ~ VlU)u)f.fi9'9- U7WEtl~.,. tfl (;A- tfl EA- .. wV}ww.. o 0 0 0 000 0 ~ ~~ t'-. ,..... lX)('t')ON '<t N..... ~ T" WWf/lw.... 00000 00000 t--.N.M-q-tD co to 1.00"': Q) N ("<") U') ~ ~ M W&9WW",," 00000 MOO t'- 0 0'> v~ lO. t'-. Ut ciN"CtvN CD 0 N en ~ ~ N Wf;A-ffltR-~ (/) 0) w Vl U OJ >6:0) ffi ~ ~ (/) ~ a. U ,- c: iil ,5 ,Q1 <( ~ ~ co a. 0 .. Cl> U .~ 0) Cl> .. If) OJ u .c Ow a. .. c: co 0) ,Q - Vl ti .fl ~ 2 0 a.iil~ '0 g ~ Ciiulf) 888 g.,;-~ N gg CON 0";- cnoo T" T" cn II) 10 II) ,.... ... '" 't"" ~~~~ T" .......... q T" 811 ';.0 CD N 4.'ttJt-~UJ-.,..4It-"'''''''''6A-''' V) V) '" II) '" II) a> cn co.o ..... ..... tI1t.1)V)(fl(l7Wtl}tA'-' '" II) ~ T" '" C? '" M Wl/lEl+WtA-tA-Wfl}wwtlt a> en ..... ..... N N cD vi ~ T" ~~WWfl}WWWWW~ <D <D '" co <D N WWWWWt1J.WWWW..... 000000 0 000000 0 ~OO_N..V_O_ tD Or.nl(")NMN ....: co M l.{') W ,...., T" WtA-WfI}fI} EflWWWW o o o. '" co 000 0 0000 O~N~O_ L()o)l.t')'r"" '" ..... <D wwV)WWWWtR-ER-w.... o o 0. '" co o 0 0 0 000 0 O.Ncn~ ooiu-i~ '" r- <D WWfflWWf;flWWWW..... 0) '" OJ .r:::. a. g :;:; ::> U ~'~ ~ U,gc:~ ~ ~ ~ ~ UJ !!! ,~ u (/) Cii R:.c: ...J 0:: u g. ~ <(2) o 'E :5: ~ f=~~~ is o <( 0:: (/) <( ~ 0 0 ~ ,- N M l.{') c: Q '@ iil c: o 'S 'S E ~ LL 8 o - - ~ ~ 1: 8 f/) c::::- g 0 Cl> ,2.8 9 0 CJ roO ~ .^a:'~ ~~ '2' iilro~ ~~.!: :iSSei .0- Qi ~~c 032 "8 !e~~ g ~ ::E ~ = l'i't; ~ ~ E ,~ ~ ~ ~ ~ iil~~~~o,~.2!iii C:o)OJC::S:o,~~ 8U:5:0 0::(/)1- oC!oolJ ~""':v~tO::I I""-""'-NC'\I'VUJ OJ'"::' E 0) _ E I- f= CD CD II) .0 CD N C) C) T" ui CD N o C) T" T" CD N 10 .... 00 i. .... T" .... II) II) cn .0 r- .... II) T" M M ... en ..... N ui T" ... CD CD II) .0 CD N ... C) o C? o II) M ... o o ..... M N CD 0000 0000 r...:cDcDO It).....~.,. .....OON ~ -c: ~.. o CD ..... It)M..... .,. .,. .,. ... o o ..... M II) II) .:.:.....NM~1t) U . . . . . <(00000 ~zzzzz 1--1--1--1--1--1-- zzzzzz Owwwww U:E:E:E:E:E ..JCCCCC <(zzzzz zwwwww (5:!::!::E:E:E [i:<C<C<C<C<C o ... ...J ~ o I- 00 C!O .....ld M ..... ~OO oi.,f Q) en ..... CO .,...: .,. o o ld CD ~ .,f ...... o M .,. w w u. C W I-- <( I-- en w ~ ..J <C I-- o I-- EXHIBIT "B" Page 2 of2 EXHIBIT "e" PROJECT No. 8487 L-,_o~ SOUTHSIDE TRANSMISSION MAIN oHASE 7 & 8 AND ELEVA TED STORAGE TANK CITY COUNCIL EXHIBIT CITY Or CORPUS CHRlSn, TEXAS DEPAfmIDff Of" D/GINffRfNG SERI'ICfS PAGE: 1 of 1 !>In:, 12/15/2005 ~