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HomeMy WebLinkAboutAgenda Packet City Council - 06/19/2007CITY COUNCIL AGENDA JUNE 19, 2007 Corpus Christi itsfrd Ctt]I '1111' I 1 45 A.M - Commendation Certificates: "2007 Moody Trojans Baseball Team - 2007 Class 4A State Champions AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JUNE 19, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHI$ITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes, If you have a petition or other information pertaining to your subject. please present it to the City Secretary Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Condio pare ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -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 Reverend Arthur L. Lane, St. Matthew Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Nelda Martinez CouncM Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Michael McCutchon City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: Approval of Regular Meeting of June 12, 2007. (Attachment # 1) Agenda Regular Council Meeting June 19, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. WARPS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2 Coastal Bend Council of Governments * Corpus Christi Convention and Visitors Bureau * Food Service Advisory Committee * Small Business Advisory Committee G. F,I(PLANATION 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 wierout 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. CONS *T MIONS, RESOWTIONS, ORDINANCES AND ORDINANCES FROM OREVOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Resolution authorizing the City Manager or his designee to accept a gift of one (1) Water Quality Analyzer estimated to value $3,040 from the Nueces River Authority (Attachment # 3) Agenda Regular Council Meeting June 19, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving the lease purchase of one (1) articulating wheel loader and purchase of two (2) track excavators from the following companies for the following amounts based on low bid and only bid in accordance with Bid Invitation No. BI- 0162 -07 for a total amount of $200,804 The construction equipment will be purchased for the Wastewater and Water Departments. Funding for the lease purchase of the articulating wheel loader will be provided through the City's lease /purchase financing program. Funding for the purchase of the excavators is available in the Capital Outlay Budget of the Maintenance Services Fund. All three units are replacements to the fleet. (Attachment # 4) Scott Macon Equipment Corpus Christi, TX Item No. 1 $129,584 Doggett Heavy Machinery Corpus Christi, TX Item Nos. 2 & 3 $71,220 Grand Total: $200,804 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $500,000 to the United States Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2007 Edward Byrne Memorial Discretionary Assistance Grants Program for an Expanded AFIS with Mobile Fingerprint Matching Capacity project with a City match of $20,000 for a total grant application of $520,000, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 5) Ordinance appropriating $10,000 from Corpus Christi Crime Stoppers, Inc. in the General Fund No. 1020 - 11700; amending the FY2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $10,000. (Attachment # 6) Agenda Regular Council Meeting June 19, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7 Motion authorizing the City Manager or his designee to authorize payment of Invoice No. 873110 for twelve months software maintenance with Sungard HTE, Inc., of Lake Mary, Florida in an amount not to exceed $123,499. Included in the maintenance Nreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services, Neighborhood Services, and Click 2 Government. (Attachment # 7) Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Berry Contracting, LP d.b.a. Bay, Ltd., of Corpus Christi, Texas in the amount of $62,935 76 for a total restated fee of $7,456,381.76 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004) (Attachment # 8) 9.a. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Engineering Contract with I-4DR- Shiner Moseley and Associates, of Corpus Christi, Texas in the amount of $60,502 for a restated total fee not to exceed $465,632 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for additional design, inspection and project coordination for electrical, wastewater, water, landscaping, asphalt repairs, fencing and signage. (Attachment # 9) 9.b. Motion authorizing the City Manager or his designee to execute Construction Change Order No 9 with the CCC Group, Inc., of San Antonio, Texas in the amount of $47,921 for additional signage on fencing and Marina Boaters Facility, removal of cwiginal firewater outlets from docks and replacement with new outlets, install access boxes to permit Fire Department access for the fire system, and replacement of 160 backflow prevention devices on docks and four (4) Iandside backflow prevention devices with enclosures and piping. (Attachment # 9) 10, Motion authorizing the City Manager or his designee to execute Change Order No. 5 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $33,522 for the J. C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station for removal of concrete rubble and placement of compacted select fill. (Attachment # 10) Agenda Regular Council Meeting June 19, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11.a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by JJAR Development, LLP, owner and developer of Legends of Diamante Unit 2 located east of Rodd Field Road and north of Slough Road for the installation of 399 - linear feet of 8 -inch PVC water distribution main. (Attachment # 11) 11.b. Ordinance appropriating $4,223.80 from the Water Distribution Main Trust Fund No. 540450 - 21806 -4030 to pay the developer reimbursement request for installation of 399 - linear feet of 8 -inch PVC water distribution main to develop Legends of Diamante Unit 2. (Attachment # 11) 12. Motion authorizing the City Manager to execute the First Amendment to the Infrastructure Development Agreement with C.C.T. Navigation- Cameron, LP, (Developer), substituting a deposit in the amount of $302,847.34 for a letter of credit and the construction of Bates Drive improvements for Navigation Pointe, Block 1, Lot 1, located south of Bates Drive and west of Navigation Boulevard. (Attachment # 12) 1. REGULAR AGENDA CONSIftERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Resolution approving the FY 2007 -2008 budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 13) 14. Resolution authorizing the City Manager or his designee to execute the Second Amendment to the contract between the Corpus Christi Business and Job Development Corporation (4A Board) and Randy Farrar, d.b.a. Miramar Homes, for an Affordable Housing Program Agreement, to extend the term of the program agreement and amend the services to provide that the loan of funds may be forgiven. (Attachment # 14) Agenda Regular Council Meeting June 19, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15.a. Resolution authorizing the City Manager or his designee to execute Amendment No. 3 to Federal Aviation Administration Grant No. 3 -48- 0051 - 037 -2005 to extend the scope of the grant to include Runway 13/31 Rehabilitation - Phase II, Runway 17/35 Shoulders and Blast Pads, Airport Drainage Improvements - Phase IV, Terminal Apron, and West GA Apron at Corpus Christi international Airport (Attachment # 15) 15.b. Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3-48- 0051 -039- 2007 in an amount not to exceed $8,447,719 to Rehabilitate West GA Apron, Phase H, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage Area VI, Phase I and Rehabilitate Taxiway Lighting Systems, Phase l at Corpus Christi International Airport. (Attachment # 15) 15.c, Ordinance appropriating $3,914,214 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 039 -2007 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate West GA Aipron, Phase II, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage, Area VI, Phase I, and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi International Airport; changing FY2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $3,914,214. (Attachment #15) 15.d. Ordinance appropriating and transferring $392,073 from Airport Capital Reserve Fund 4611 to and appropriating in 3020A Airport Capital Reserve Fund as 5% grant match to Rehabilitate West GA Apron, Phase H, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage Area VI, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi International Airport; changing the FY2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $392,073 and changing the 2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $392,073. (Attachment # 15) Agenda Regular Council Meeting June 19, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15.e. Motion authorizing the City Manager or his designee to execute a construction contract with Bay Limited, of Corpus Christi, Texas in an amount not to exceed $7,441,437.75 for the Corpus Christi International Airport West General Aviation (GA) Apron Rehabilitation and Drainage Phase V Improvements. (Attachment # 15) 15.f Motion authorizing the City Manager or his designee to execute an Engineering Materials Inspection, Testing, and Laboratory Services Contract with Professional Service Industries, Inc. (PSI), of Corpus Christi, Texas in an amount not to exceed $74,639 for the Corpus Christi International Airport West General Aviation (GA) Apron Rehabilitation and Drainage Phase V Improvements. (Attachment # 15) J. PRES ITATIONS: (NONE) Public comment will not be solicited on Presentation items. K. $ECA►L BUDGET PRESENTATION: 16. Overview of Proposed FY 2007 -2008 Budgets for Special Revenue, Internal Service, and Debt Service Funds (Attachment #16) L. PUBUC HEARINGS: ZONING CASES: 17. Case No. 0507 -03, Scott Electric Company, Inc.: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District on property described as Shoreline Park, Block 8, Lot 3, located on John Street, approximately 145 feet west of North Port Avenue (Attachment # 17) Planning Commission and Staff's Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit, for one (1) 3,000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment. Agenda Regular Council Meeting June 19, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Scott Electric Company, Inc., by changing the zoning map in reference to a portion of Shoreline Park, Block 8, Lot 3, (currently zoned "I- 2" Light Industrial District) by granting a Special Permit for one (1) 3,000 gallon above ground fuel storage tank per the metes and bounds description; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. TO BE CONSIDERED AT APPROXIMATELY 2:00 P.M.: 18. C se Iio. 0307 -01, Johnson & Pace, Incorporated (Proposed 1f I-M: t Development): A change of zoning from a "R -1 B" One- family Dwelling District to a "B -4" General Business District on property described as 33.6 acres out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Tknbergate Drive. (Attachment # 18) Pjanning Commission and Staff's Recommendation: Approval of a "B-4" General Business District ORDINANCE Amending the Zoning Ordinance, upon application by Johnson & Pace, Incorporated, by changing the zoning map in reference to 33.6 acres out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" 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 a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting June 19, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PLJBLIC COMMENT FROM THE AUDIENCE ON MATTERS IT SCHEDULED QN THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE (UNL MEETING, WHICHEVER IS EARLIER. PLEASE L AIT PRESENTATIQNS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete Tingles- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session Mil be publicly announced by the presiding office. 19. Executive session under Texas Government Code Section 561.087 for deliberations regarding economic development negotiations, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting June 19, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 20 Executive Session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible dcussion and action related thereto in open session. O. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow -up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city- related matters. 21 LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature_ 22. CITY MANAGER'S REPORT Upcoming Items 23. MAYOR'S UPDATE 24. COUNCIL AND OTHER REPORTS P. 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 E.? p.m., June 15, 2007. Armando Chapa City Secretary Agenda Regular Council Meeting June 19, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting J ine 12, 2007 - 10:00 a.m. PRESENT Mayor henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummeil Bill Kelly Priscilla Leal Michael McCutchon John Marez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Charles R. Graff of St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 29, 2007 A motion was made and passed to approve the minutes as presented. *.. * * * * * * * ** Mayor Garrett referred to Item 2 and the following board appointments were made: Arts an Cultgral Commission Michael Kim Frederick (Appointed) Joe K Hillard (Appointed) Heidi Hovda (Appointed) Richard A. Sanchez (Appointed) John Charles Watson, Jr. (Appointed) Citizens Advisory Health Board Russell Stowers (Appointed) Sister City Committee George B. Kopf (Appointed) Farley L. Frazier (Appointed) Jonathan E. Lancaster (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 11). There were no comments from the public. Council members requested that Items 4, 8, and 11 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 027296 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of $1,262,313 for Continuum of Care Homeless Assistance and execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly. Leal, McCutchon. Marez, and Martinez, voting "Aye ". Minutes - Regular Council Meeting June 12, 2007 - Page 2 MOTION NO. 2007 -145 Motion authorizing the City Manager or his designee to reinstate, amend the scope of work and to extend the FY 2004 Community Development Block Grant (CDBG) Program Funding Agreement with Mary McLeod Bethune Day Nursery, Inc. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo. Hummel!, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye ". RESOLUTION NO. 027297 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of approximately $86,300 under the Fair Housing Initiatives Program for education and outreach activities and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye ". RESOLUTION NO. 027298 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $10.000 grant from the Texas Forest Service for the Urban Forester Partnership Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo. Hummell. Kelly. Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7.b. ORDINANCE NO. 027299 Ordinance appropriating a $10,000 grant from the Texas Forest Service in the No. 1067 Parks and Recreation Grants Fund to extend funding for an Urban Forester program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, KeIIy, Leal, McCutchon, Marez, and Martinez, voting "Aye" FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a twenty -year lease with the Tuloso- Midway Independent School District to lease approximately .42 acres out of West Guth Park for District tennis court facilities. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Minutes - Regular Council Meeting une 12, 2007 - Page 3 MOTION NO 2007 146 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with HDR /Shiner Moseley, Inc., of Corpus Christi, Texas in the amount of $62,700, for a total re- stated fee of $507,744 for the Corpus Christi Ship Channel Utility Project for additional inspection time. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 4 regarding a CDBG funding agreement with AVANCE, Inc. Council Member Leal asked staff to monitor the use of CDBG funds. City Manager Noe stated that a status report of CDBG projects is provided to Council quarterly. Council Members asked questions regarding the timeframe that agencies are required to expend funds; the reallocation of CDBG funding; and dedicating CDBG funds for speed humps. City Secretary Chapa oohed the Council for their votes as follows MOTION NO. 2007 -144 Motion authorizing the City Manager or his designee to amend the FY 2005 Community Development Block Grant (CDBG) Program Funding Agreement with AVANCE, Inc. by revising the scope of work for rehabilitation to new construction. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 8 regarding transportation services for youth recreation programs. Council Members asked questions regarding transportation for the youth in the 78415 area, LatchKey sites in District 3, and transportation services provided in 2006. Staff responded. City Secretary Chapa polled the Council for their votes as follows: 8 RESOLUTION NO. 027300 Resolution to authorize the City Manager or his designee execute an Interlocal Agreement with the Corpus Christi Independent School District (CCISD) to provide transportation services for youth recreation programs. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell. Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 11 regarding a reimbursement to JJAR Development LLP for the Legends of Diamante Unit 1. Council Members asked questions regarding the target range of home pricing for the project; smart growth concepts; policy amendments for development; review of the master plan; the structure of the trust funds and how much City money was allocated to the funds, the process of evaluating a request for reimbursement; and the water trust fund to London Independent School District. Council Member McCutchon asked staff to provide a report on new home growth versus population. City Manager Noe said staff would provide a report on the development incurred in the last few years in terms of new homes and estimates of population. City Secretary Chapa polled the Council for their votes as follows- Minutes -- Regular Council Meeting June 12 2007 — Page 4 ORDINANCE NO. 027301 Ordinance appropriating $99,618.96 from the Sanitary Sewer Collection Line Trust Fund No. 540450- 21801 -4220 to pay JJAR Development, LLP the remaining reimbursement amount for the installation of 2,660 - linear feet of off -site 18 -inch PVC sanitary sewer collection line to develop the Legends of Diamante Unit 2. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Cooper. Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Ave *. * * * * *. * * * ** Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the following public hearing 12 Public hearing on the FY 2007 -2008 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. Mayor Garrett asked the Council if they had made their appointments to the Crime Control and Prevention District Board. Police Chief Bryan Smith provided an overview of the Crime Control and Prevention District budget including the continued focus of the district; the assignment of police officers; the total expenditures of $4,788,936; the total revenues of $4,944,731; the ending fund balance of $2,244,725 and the budget calenda Council members asked questions regarding police personnel, the pawn shop detail; handicap parking patrol; routine patrolling of malls; election costs for FY2006 -2007; use of the fund balance; auditing of expenditures; red light camera funds; replacement of vehicles; the new Juvenile Drug Testing program, the funding of the Juvenile Assessment Center; the study of taser guns; the elimination of technical support; and support personnel issues for MetroCom, Central Records and labs. Abel Alonzo, 1701 Thames, thanked the voters for their support of the Crime Control District and spoke regarding the appointment of board members and parking for the disabled. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Garrett referred to Item 13.a , and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 13.a. Public hearing to consider a text amendment to Article 26 "Nonconforming Uses" of the Zoning Ordinance regarding Section 26 -9 Nonconforming Lots of Record to allow the tandem parking of vehicles to nonconforming lots of record. Faryce Goode- Macon, Interim Assistant Director of Development Services presented this item artd stated that the Planning Commission and staff recommended the approval of the proposed text amendment. O K Smith, a representative of Habitat for Humanity, spoke in support of the text amendment. Council members expressed their appreciation for the efforts of Habitat for Humanity. Minutes Regular Council Meeting June 12. 2007 - Page 5 No one appeared in opposition to the zoning change. Dr. McCutchon made a motion to close the public hearing, seconded by Mr Kelly, and passed. Mr. Chapa polled the Council for their votes as follows 13.0. ORDINANCE NO. 027302 Ordinance amending Article 26 "Nonconforming Uses," Section 26 -9 "Nonconforming Lots of Record" of the Zoning Ordinance, City of Corpus Christi, to allow tandem parking on nonconforming Tots of record: providing a penalty clause; providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the pubic hearing or the following zoning case: Case No. 0507 -01, Extreme Homes of Texas, L.L.C.: A change of zoning from a "R -1 B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 350 feet from the intersection of McKinzie Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -1" Neighborhood Business District. In response to Mayor Garrett, Interim Assistant Director of Development Services Faryce Goode -Macon stated that a notice had been received in opposition. Ms. Goode -Macon referred to a powerpoint presentation including an existing use map, pictorial views of the subject property, future and use map and the recommendation to allow for commercial development along subject property area. She added that the opposition notice from Tuloso- Midway School District states that they would prefer the zoning be changed to "B-1A" Neighborhood Business District with less commercial uses and enhancements for additional landscaping and set backs. Council Members asked questions regarding whether the applicant would agree to the "B1- A" zoning, consequences to the applicant if zoning request was denied; the uses authorized under 'B -1" that are not authorized under -B -1A' , TABC and ordinance regulations with proximity to the school; if the applicant is allowed to address the council regarding a zoning change; and the identification of the residents who were sent zoning notices. Council Member Kelly said that Tuloso- Midway School District's primary objection is in regards to allowing consumption of alcohol. Mr. Kelly made a motion to table the zoning case for two weeks, seconded by Ms. Leal, and passed. There were no comments from the audience. TABLED TO JUNE 26, 2007 Minutes — Regular Councr Meet inc June 12 2007 - Page 6 Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the pudic hearing on the following zoning case: Case No. 0507 -02, Extreme Homes of Texas, L.L.C.: A change of zoning from a "R -1 B" One - family Dwelling District to an "AB" Professional Office District on property described as 91 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows- 15. ORDINANCE NO. 027303 Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, L.L.C., by changing the zoning map in reference to 1 91 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, from "R-1B" One - family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was deciarec, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ", Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507 -06, Renato A. DePaolis II and Gary Cadena: A change of zoning from a "R- 1 B /IO" One - family Dwelling District with the Island Overlay to a "B -2 /IO" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 1 through 4. located on Aruba Drive. approximately 300 feet west of Leeward Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -2 -IO" Bayfront Business District with Island Overlay. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 16 ORDINANCE NO. 027304 Amending the Zoning Ordinance, upon application by Renato A. DePaolis II and Gary Cadena, by changing the zoning map in reference to Padre Island Section E, Block 1, Lots 1 through 4, from "R-1E3/10" One- family Dwelling District with the Island Overlay District to "6- 2/10" Bayfront Business District with the Island Overlay District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause: providing a penalty; providing for publication. Minutes — Regular Ccuncii Meeting June 12. 2007 -- Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper. Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". ** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 22 Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 60843 -4 Camelia Arredondo v City of Corpus Christi, in the County Court at Law No. 4 of Nueces County, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 22 MOTION NO. 2007 -147 Motion authorizing the City Manager to settle Cause No. 06- 60843 -4, Camelia Arredondo v City of Corpus Christi, in the County Court of Law No. 4, Nueces County, Texas, for the total sum of $187,500, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell. Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". . * * * * * *. ** ** Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4139 Pompano, spoke regarding rate increases and tax relief for taxpayers. Jack Gordy, 4118 Bray Drive, spoke regarding money spent on lobbyists. Carrie Robertson, 4401 GulfBreeze, provided a petition to change to curfew on Corpus Christi Beach to 12:00 a.m. to 6:00 a.m. and spoke regarding additional police patrol for that area. Luis R. Corona, 2805 David, spoke regarding the need for public restrooms at the Staples Street bus terminal. *.- * * * * * * * *, ** Mayor Garrett referred to the special budget presentation regarding an overview of the FY2007 -2008 General Fund Proposed Budget. City Manager Noe provided an overview of the balanced scorecard. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including: a chart of the general fund revenues; the major revenue increases; the history of net taxable values, assessed valuations and ad valorem tax rates; the state property tax code requirements; property tax information; a comparison of the maintenance and operating tax rate; sales tax collections; solid waste free increases; a chart of major expenditures by department; expenditure increases; full time equivalents changes; expenditures by function for General Government, Fire, Police, Library, Parks and Recreation, Street, Solid Waste, and Neighborhood Services /Engineering; one -time expenditures for service enhancement; and the budget calendar. Council members asked questions regarding ad valorem taxes; the financial policy; the determination of new growth; the problems or concerns in the general fund; the advantages of adjusting the budget cycle now often adjustments are made to the budget; initiative programs for employees and evaluation of work processes; the red light camera revenues; tax exemptions; cost Minutes Regular Council Meeting June 12. 2007 -- Page 8 of living adjustments on the assessed valuations; the graffiti clean -up program; the status of the solid waste transfer station; current cost for recycling; the excess fund balance; the City's investments and bond funds; the members of the investment committee; full time equivalent for the Police Department and the Economic Development Office; total number of vacancies; replacement of fire trucks; expenditure increases for Police; expenditures for maintenance of fire trucks; vacancies and personnel issues in the Police Department; the vehicle impound lot; increase in beach operations and clear up efforts; the Asian Cultural Museum; and the completion of the HEB Tennis Center. ♦ t * * * * * ♦ * * * * * Mayor Garrett referred to Item 18, a presentation of the Crosstown Commons Project. John Bell, Wood Boykin & Wolter, introduced the project team. Jeff Brewer, CBL Development, provided a project overview including site plan of the life style center, the cost of projected investment and annual taxable sales Barbara Bruce, Location Strategies; LLC, referred to a powerpoint presentation regarding the market research including the market considerations summary; a sales leakage analysis; a comparison of retail sales versus total income; review of a consumers survey including research objectives and key findings major retailer representation and typical second store sales impact. Drew Masterson, First Southwest Company, and Mr. Bell referred to the powerpoint presentation regarding: the economics of development including the projected property tax increments and sales tax revenues; the proposed Tax Increment District (TIF) and Public Improvement District; a map of the proposed TIF District site; the Crosstown Commons projected value; and the advantages to the City and to the developer. Council Members asked questions regarding sales leakage; last year's retail sales; proposed increase in sales; type of retail sales; inflation on ad valorem sales tax; the actual value of the TIF; the poky for the relocation of stores; the marketing strategy to bring new retailers to the City; the percentage of retailers that prefer to be in an open- environment; the counties in the metropolitan statistical area; the request for public assistance for the on -site development; the developer's reimbursement cost should the City not support a TIF; the impact of the development to the City; the biggest obstacles to the project; the results of the ERA analysis; the protection for existing businesses: and the entity that would monitor the sales tax of new or relocated stores. Mayor Garrett referred to Item 19, an overview of Public- Private Partnerships for Retail Development in the State of Texas. Director of Economic Development Irma Caballero referred to a powerpoint presentation of the results of a survey of nine projects that included an explanation of the development; the reasons the City provided incentives; the public and private investments; the concerns, obstacles and negative impacts: the economic impacts; and techniques to considering a public - private partnership. Council Members asked questions regarding if the cities had policies in place with respect to the developments; sales leakage; and the impacted area. Mayor Garrett referred to Item 20, a presentation on the City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. Ms. Caballero provided a brief presentation including the intent of the policy; the procedures to determine if a project would be submitted to Council; the project qualifications; other qualify factors; the financial requirements; other policy considerations; the application process; and fees. Minutes - Regular Council Meeting June 12, 2007 - Page 9 Council Members asked questions regarding if there were time constraints for approval of the Crosstown Commons Project and the policy; if a policy had to be in place to consider an ndividual project; if the policy was generated to include smaller development; the maturity of a bond; and waiving of a portion of the fee. Mayor Garrett opened discussion on Item 21 regarding the City of Corpus Christi Tax incentive Policy for Large Retail /Mixed Use Development and Redevelopment. Mayor Garrett requested to postpone action on the policy until a later date and the Council concurred. Council Member Martinez provided a series of recommendations to amend the policy. Mayor Garrett called for pubkc comment Hal George, 5350 South Staples, spoke regarding postponing the adoption of the policy to have more time to review and receive additional input. Bill Morris, Trademark Property Company, encourage the Council and staff tc slow down the process to have time to review the policy, suggested that language be added to the TIF policy to consider the risks, and asked for a public hearing:. Leon Loeb, LandLord Properties, said that he opposed the assistance of city funds for the project. Susie Luna Saldana, spoke in support of growth for the City. Joe Ortiz, 3718 Mendelhall, spoke in support of growth and suggested implementing a contract were minority can participate in the development. Sal Morales, past President of the Arlington Chamber of Commerce, spoke regarding the use of a fair share agreement to include minority business to participate in development. Mark Roach, board member of the Associated Builders and Contractors, spoke in support of the project. Sam Susser, spoke regarding sales leakage and support of the project. Jim Baxter, General Manager of Padre Staples Mall, spoke regarding the creation of a TIF, the relocation of tenants and asked Council to slow down the process. David Loeb, spoke regarding inaccurate numbers provided by the developer for taxable sales and the use of City funds. Terry Carter, President of the Corpus Christi Chamber of Commerce, asked Council to slow down the process, and spoke regarding incentives for retail development and implementing a policy to include small business owners. Nancy Vera, Lulac Council #4444, spoke in support of the project. Freddie Martinez, Jr , Vice President of Freddie Records, spoke regarding smart growth, use of a TIF for the project, and limitations on small developers. Mike Carranco, Business Manager for the Electrical Workers Local #278, spoke in support of the project and asked that the policy include the use of local construction workers. Eloy Salazar, 8206 Campodolcino, asked the Council to include small businesses in their policy. Butch Escobedo, # 3 Great Lakes, asked the Council to implement a policy to include small businesses. Rene Saenz, spoke regarding public input and improving the quality of life George Simpson, spoke in support of the project. Jack Kelly, 3621 Austin, asked for consideration of small business and asked the Council to take time to develop a vision for the City. Abel Alonzo, 1721 Thames, spoke in support of economic development and asked that Council not delay the protect. Matthew Cravey, 4565 River Park, spoke in support of the developers and the project. He added that the deadline to sell the property was approaching. Joe Cisneros, President of the Hispanic Chamber of Commerce, encouraged the Council to develop solid policies to push the community forward. Reagan Brown, PO Box 8229, stated that he does not support the city utilizing public funds for retail development and asked the Council to slow down the process. Ramiro Gamboe, 2630 Cloyde, spoke regarding the policy being inclusive. Bill Brown, 4500 Ocean Drive, said the Council should consider no including the sales tax for second store as well as relocated stores.. Minutes - Regular Council Meeting June 12 2007 - Page 10 Council Member Cooper announced that she would be out of the country and asked that consideration on the Crosstown Commons project be scheduled after June 26th. Discussion ensued regardng the date of action on the policy and the project. Mayor Garrett requested that action on the policy be postponed until a later date and that action on the Crosstown Commons Project be considered on June 26. 20P7. 21 POSTPONED Mayor Garrett called for Council concerns and reports. Council Member Hummell encouraged the public to provide their input and make constructive suggestions regarding the policy to deveaop a system that protects everyone's interest. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:58 p.m. on June 12 2007. : * * * * * * * * ** 2 COASTAL BEND COUNCIL OF GOVERNMENTS - Nine (9) vacancies with terms to 4 30 -09. of which four shall be elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan. and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways. general location of public works, the development of major educational facilities, and related problems of development_ COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM Mayor Henry Garrett 4 -30 -07 Council Member Bill Kelly 4 -30 -07 Council Member Jerry Garcia 4 -30 -07 Council Member Mark Scott 4 -30 -07 George K. Noe, City Manager 4 -30 -07 Ed Garana, Water Superintendent 4 -30 -07 Oscar Martinez, Assistant City Manager 4 -30 -07 Ron Massey, Assistant City Manager 4 -30 -07 Margie Rose, Assistant City Manager 4 -30 -07 ALTERNATES Armando Chapa, City Secretary Tom Utter, Special Assistant to the City Manager Yvonne Haag, Director of Neighborhood Services Richard Hooks, Acting Fire Chief Angel Escobar, Director of Engineering Ogilvie Gericke, Director of MIS CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — One (1) vacancy with term to S -01 -OS representing the following category: Attraction Industry. DUTIES: To solicit arious organizations and associations to conduct meetingsiconventions /tradeshows within Corpus Christi year- round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to :onvenrions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area and to advise the City on projected growth of tourism and convention - related businesses to assist City planning efforts. COMPOSITION: Eleven (1 I ) members selected directly by the City Council. The members shall he representatives of the following groups: 2 - hotel industry; 2 — attraction industry. 2 restaurant industry: and 5 - community at large. The Mayor and City Manager, or t}teir designees_ shall serve as ex- officio non - voting members of the Board. In addition the Council will appoint a representative from the Port of Corpus Christi Authority. representative from the Regional Transportation Authority and a representative from the C.( International Airport to serve as ex- officio advisory non voting members Appointments will be for staggered, two -year terms. No person may sere as a noting member Hr a period Longer than six years consecutively, unless such service is required )-)y virtue if the person's position or title or to complete an unexpired tern), MEMBERS Foster Edwards i \t Large) Robert Tamez (A- Large) John Trice (At Large) \rt Granado (At Large) Butch Pool (At Large) Bill Morgan (Hotel Indus-tr..) Jodi Patel (Hotel Industry ) Bob Becquet (Restaurant Industry) Damon Bentley ( Restauran) Industry) * * *1J Gottsch (Attraction Industry) I'om Schmid (Attraction Industr 'r Tangle Chapa (RTA representative) Michael Perez (Port of CC representative) Dave Hamrick (( C. International Airport) Mayor City Manager 'hai ***Resigned TERM 8 -01 -08 8 -01 -08 8 -01 -07 8 -01 -07 8 -01 -08 8 -01 -08 8 -01 -07 8 -01 -08 8 -01 -07 8 -01 -08 8 -01 -07 Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex-officio, non - voting ORIGINAL APPTD. DATE 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 2 -13 -07 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 (Note: The Corpus Christi Convention and Visitors Bureau is recommending the new appointment Frank "Rocco" .Montesano (Attraction Industry). INDIVIDUALS EXPRESSING INTEREST Sandi McNorton Marketing Director, U.S.S. Lexington. Attended Del Mar College. Member of the Coastal Bend Regional Tourist Council, USO of South Texas, ADP/CPL Citizens Advisory Council, CVB Visitor Industry Council and Hotel Sales & Marketing Association. (Attraction Industry) (2- 23-04) Frank "Rocco" Montesano Executive Director, U.S.S. Lexington Museum. B.S., United States Naval Academy; Master's in Public Administration from St. Mary's University. Member of Convention and Visitors Bureau Interim Board (Chairman of Nominating Committee), Navy League. Associate Professor for St. Mary's University. Has received two Legion of Merit awards. (Attraction Industry) (7- 02 -03) Adam Nuse Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Activities include: Leadership Corpus Christi, USO of South Texas — Board of Directors, and American Red Cross Board of Directors. (Attraction Industry) (11- 06 -06) FOOD SERVICE ADVISORY COMMITTEE - Two (2) vacancies with terms to 6- 24 -1 0 representing 'he following categories: 1 — Food Industry and 1 — Community at I arge. DUTIES: The functions v ill be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art 19 -84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the communit` at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than tl� o terms of three years each with the exception of those initially appointed for less than a full three -vear teni MEMBERS ORIGINAL TERM APPTD. DATE John Denson (Food Industry) 6 -24 -08 8 -20 -02 D.W . Haven (Food Industry) 6 -24 -09 6 -10 -03 Michael A. Garcia (Food Industry) 6 -24 -09 6 -13 -06 Dr. Nina Sisley (Community at Large) 6 -24 -08 6 -14 -05 Cheri Sperling (Community at Large) 6 -24 -08 4 -13 -04 * ** *Suzanne Greene Gilliam (Food Industry) 6 -24 -07 9 -12 -00 *Beverly Rogers (Community at Large) 6 -24 -07 7 -13 -04 *seeking Reappointment * ** *Has met the six -year limitation allowed by ordinance and is ineligible for reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO, OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Beverly Rogers 9 7 78% (Community at Large) OTHER INDIVIDUALS EXPRESSING INTEREST Christopher Aebu Chef/Owner, Restaurant Lavender. Attended the California Culinary Academy. (Food Industry) (4- 28 -05) Gabriel G. Hernandez Edward Kownslar Lisa B. Pollakis George E. Poilakis President /Owner, Sunset Food Service Inc. Has completed courses in Food Service Management, Purchasing Food Systems, Fast Food Management /Catering Operating Management and Food Management Certification from Del Mar College. (Food Industry) (05- 05 -06) Librarian, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS In Library Science from University of North Texas, and Master of Public Administration from Texas A &M Lniversity- Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2001 -2006, Texas Library Association, Various Committees, 1999 -2007, and American Library Association, Various Committees, 1998- Present. (Community at Large) (6- 15 -07) Vice President, Vick's Famous Hamburgers. B.S. in Hotel, Restaurant & Institutional Management, The Pennsylvania State University. Served as the Nutrition Coordinator for Senior Community Services with the City of Corpus Christi for ten years. Activities include: TRA and CBRA member. (Food Industry) (6- 07 -06) President, Vick's Famous Hamburgers, Inc. Received Associates Degree in Restaurant Management from Del Mar College and Culinary Upgrade Training from U.S. \;avy. Member of the Coastal Bend Restaurant Association. Received Food and Beverage Manager of the Year and 2005 Dining Gem of Corpus Christi Award. (Food Industry) (3- 03 -06) SMAt,L BUSINESS ADVISORY COMMITTEE — One (1) vacancy with term to 8- C l -09 composed of representatives from organizations that assist small and historically underutilized businesses o, representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. DUTIES: To advise the Economic Development Office on projects and programs to initiate, enhance or research for the purpose of retaining, expanding, creating small and historically underutilized businesses and jobs provided by small and historically underutilized businesses, on the development of partnerships with organizations to initiate, enhance or research such projects and programs; and to serve as a focal point to communicate approaches tc identify, attract, expand, and retain small and historically underutilized businesses_ COMPOSITION The committee shall consist of nine (9) members for three -year staggered terms. Fhe committee shall be composed of representatives from an organizations that assists small and historically underutilized business, which includes organizations that provide programs and services that facilitate in the attraction, creation, expansion or retention of small and historically underutilized businesses and jobs in Corpus Christi. local small or historically underutilized business owners, or representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. ORIGINAL MEMBERS TERM APPTD. DATE Carole L. Peterson, Chair 8 -01 -08 2 -15 -05 Mike Morgan 8 -01 -08 8 -22 -06 Evy ('oppola 8 -01 -08 8 -23 -05 Anita Cadena 8 -01 -09 2 -15 -05 Joe Cisneros, III 8 -01 -07 2 -15 -05 ** *Rick Zamampa 8 -01 -09 8 -22 -06 Sylvia Ford 8 -01 -07 2 -15 -05 L.C. (Bud) Harris, II 8 -01 -09 2 -15 -05 Lamont Taylor 8 -01 -07 2 -15 -05 ***Resigned (Note: The Small Business Advisory Committee is recommending the new appointment of Gary Basinger.) INDIVIDUALS EXPRESSING INTEREST Ka) H. Aebv Self- employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (6- 15 -07) Gary Basinger Ronnell Bright Rebecca Esparza Guadalupe 1. Gomez Sergio Ornelas George E. Pollakis Vice- President of Existing Industries, Corpus Christi Regional Economic Development Corporation. Received a Bachelors Degree in Agronomy and Economics from Texas A &M — College Station. Activities include: Board Member of Corpus Christi Independent School District Education Foundation, Moody High School Industrial Trades and Technology Advisory Committee Member, and Forrrier Member of Downtown Redevelopment Committee. (6- 15 -07) Financial Products Sales Specialist, April Roberts State Farm Agency. Received B.S. Degree in Business Administration from Florida A &M University and Masters of International Business Administration from University of Miami. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Black Chamber of Commerce and Computer Teacher at Greenwood Senior Recreation Center. (4- 12 -07) Public Relations Consultant. Received Associate in Arts, Journalism from Del Mar College, Bachelor of Business Administration. Marketing and Master of Business Administration from University of the Incarnate Word, San Antonio. Activities include: Board Member — American Cancer Society and Co- founder and co- facilitator, M.D. Anderson Cancer Support Group. (2- 26 -06) Self-employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3- 10 -05) President, Ornelas Contruction Group, Inc. Served in the United States Marine Corp. Activities include: former member of the Hispanic Contractors, former Vice President of HCA de Tejas and current member of the Associated Builders and Contractors. (4- 04 -06) President, Vick's Famous Hamburgers, Inc. Received Associates Degree in Restaurant Management from Del Mar College and Culinary Upgrade Training from U.S. Na‘ v. Member of the Coastal Bend Restaurant Association. Received Food and Beverage Manager of the Year and 2005 Dining Gem of Corpus Christi Award. (3- 03-06) Michael San Migue Alfonso Trujano. J� Instructor /'Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GF;D. Received Award for Employee of the Quarter and Instructor of the Month. (5- 25 -07) Senior Designer /Project Manager, Maverick Engineering, Inc Received B.S. in Civil Engineering and Graduate courses on Civil Engineering. Secretary of the American Society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4- 19 -05) 3 Requested Council Action: 06/19/07 Alternate Date: 06/26/07 COUNCIL MEMORANDUM RECOMMENDATION: AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GIFT OF ONE (1) WATER QUALITY ANALYZER ESTIMATED TO VALUE $3,040.00 FROM THE NUECES RIVER AUTHORITY. BACKGROUND: Purpose: The equipment is an additional device that will be used by the Water Department to measure the quality of water entering the City's potable water supply. The Water Department will retrieve the equipment from the local office of the Nueces River Authority. Funding: There is no cost to the City to receive this gift. Mic . e : arrera Assistant Director of Financial Services RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GIFT OF ONE (1) WATER QUALITY ANALYZER ESTIMATED TO VALUE $3,040.00 FROM THE NUECES RIVER AUTHORITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1 The City Manager or designee is authorized to accept a gift of one (1) Water Quality Analyzer, estimated to value $3,040.00, from the Nueces River Authority. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Henry Garrett, Mayor The City of Corpus Christi APPROVED the day of June. 2007 By: (Ci‘ 1\ PAM to- Veronica Ocanas Assistant City Attorney for City Attorney VO 07 RESO AcceptGe- WaterAnalyzerRev Corpus Christi. Texas o , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo. Sr Mike Hummell Bill Kelly Priscilla Leal John E Marez Nelda Martinez Michael McCutchon VOA' RESO.AcceptGift- WaterAr alyzerRe\ • 4 Requested Council Date: 06/19/07 Alternate Date: 06/26/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of one (1) articulating wheel loader and purchase of two 2 track excavators from the following companies for the following amounts based on low bid and only, bid in accordance with Bid Invitation No. BI- 0162 -07 for a total amount of $200,804.00. The construction equipment will be purchased for the Wastewater and Water Departments. Funding for the lease purchase of the articulating wheel loader will be provided through the City s lease /purchase financing program. Funding for the purchase of the excavators is available in the Capital Outlay Budget of the Maintenance Service Fund. All three units are replacements to the fleet Scott Macon Equipment Corpus Christi, TX Item No. 1 $129, 5 84.00 Doggett Heavy Machinery Corpus Christi, TX Item No. 2 & 3 $71,220.00 Grand Total: $200,804.00 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose Bid Invitations Issued: Bid Invitations Received Basis of Award: Fundlig: The wheel loader will be used by the Water Department for loading/excavating of various types of materials. The two track excavators will be used by the Water and Wastewater Departments for maintenance and construction work. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. 1 ourteen Six Low Bid — Bid Items 1 & 3 Only Bid — Bid Item 2 Purchase of Track Excavators Maintenance Services Fund - Bid Items 2 & 3 c50020-5110-40120 $71,220.00 Requested Council Date: 06/19/07 Alternate Date: 06/26/07 Lease Purchase of Articulating Wheel Loader Bid Item 1 Funding is provided through the City's lease /purchase financing agreement for a sixty -month period. The estimated interest rate is 4.0 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is S28,637.88. Total estimated c )st over the sixty -month period, including principal of S129.584.00 and interest of 513.605.20, is $143,189.20. Water Department 530190-4010-31520 FY 06/07 $0 I he equipment is scheduled for delivery in September 2007. As such. no monies from this fiscal year are required to support this award. Funds have been requested for FY 07/08 and all fixture years. Michele Barrera Assistant Director of Financial Services 1V101 ONV21S 1 V1Ol O21VMV 00'48V6Z 1.4 0 0 -0 *m- 1:1zro a r• za >c % \)� =oax §G;E/ 77(2 Ili �»aE& k(\§ * *§ g / ƒk & }m# ■ »7 § —Ez # ®� «�\ • � 7} a �[i � G)� ~ - E E* # [( �&\ i ƒe I [a co % NOIldIaOS3O 0 % / o Z 2 i Unit Total 1 Price Price !Scott Macon Equipment Corpus Christi, Texas 1 $ Unit Tc Price Pr !Doggett Heavy Mach Corpus Christi, Texa / § o 0 0 S 0 0 0 - Unit Price IH & V Equipment Corpus Christi, Te 9 2 § c § 0 § 0 _ Unit Price INueces Power Ec Corpus Christi, Tc f § \ 0 0 fa Unit Price (Waukesha Pearce Corpus Christi, Te: 7 CD CO 0 0 j 0 � Unit Price !Anderson Machinery Co. Corpus Christi, Texas CO c 0 4 co § 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/19/07 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $500,000 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2007 Edward Byrne Memorial Discretionary Grants Program for an Expanded AFIS with Mobile Fingerprint Matching Capacity project with a City mate of $20,000 for a total grant application of $520,000, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The Department of Justice provides funding opportunities each year to enhance local law enforcement efforts. BACKGROUND: The Police Department seeks a $500,000 Edward Byrne Memorial Discretionary Grant for an "Expanded AFIS with Mobile Fingerprint Matching Capacity" project. Through enhancements of its existing Automated Fingerprint Identification System (AFIS) data matching system and the addition of mobile fingerprinting units, this project will enhance local law enfortement. The first of two project goals is to improve area law enforcement officer safety. By provicing cost - effective, cutting edge fingerprint matching units in police vehicles, field officers can immediately match suspects with known offenders and safely manage potentially dangerous situations. Secondly, crime scene investigations will be improved by strengthening and expanding the region's capacity to match latent finger and palm print evidence collected at crime scenes with known offenders. As all regional partners have free access to AFIS data, implementation posiDvely impacts the ability to identify and enforce actions involving all repeat offenders, particularly those involved in drugs, alcohol, gangs, and weapon violations. REQUIRED COUNCIL ACTION: Approval to submit the grant FUNDING: There is no match required of the grant; however a match is encouraged. The matching funds will be used to equip additional police vehicles with the mobile fingerprint readers. Funds are available from the Law Enforcement Trust Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant. Bryan P. Smith Chief of Police Attaahments: Grant application m Abstract: The -.: ity of Corpus Christi's Corpus Christi Police Department seeks a $500,000 Edward Byrne Memorial Discretionary Grant for its "Expanded AFIS with Mobile Fingerprint Matching Capacity" project Through enhancements of its existing Automated Fingerprint Identification ,System (AFIS) data matching system (acquired by CCPD last year through Homeland Security funds) and the addition of mobile fingerprinting units, this Category III project will enhance local law enforcement. The first of two project goals is to improve area law enforcement officer safety. By providing cost - effective, cutting edge fingerprint matching units in police vehicles, field officers can immediately match suspects with known offenders and safely manage potentially dangerous situations. Secondly, crime scene investigations will be improved by strengthening and expanding the region's capacity to match latent finger and palm print evidence collected at crime scenes with known offenders. As all regional partners have free access to AFIS data, implementation positively impacts the ability to identify and enforce actions involving all repeat offenders, particularly those involved in drugs, alcohol, gangs, and weapon violations. Implementation strategies include a) incorporating real -time digitalization of both finger and palm prints collected during suspect processing and from latent crime scene evidence; b) expanding data storage capacity to include all known prints, including Class C violators; c) improving data processing speed to near real -time cross - matching with banked information; and d) providing immediate "match" field confirmation of remotely transmitted fingerprint data. Major deliverables include full implementation of system improvements and completion of CCPD training by the fourth and fifth month of the award, respectively. By the end of the first year, cost- saving improvements will include: a) a match rate of 20% or greater for mobile units; b) an increased match rate for crime scene investigations; and, c) print scanning time reduced from 20% to less than 1% of staff time. Coordination plans include working locally and regionally to maximize usage of tlx expanded AFIS database, with a long -range plan to secure funding for more than 60 regional partners to implement complimentary mobile unit technology. Program *ildaet Programmable Matching Accelerator $300,000 Tsgnificantly increases the existing AFIS system's memory and the speed at which fingerprints are searched and matched. Live Scan Device $ 32,000 Boosts the capacity of the AF1S system to capture and match palm print data, in addition to finger print data. Fing rprintMatching Units ($2,000 each for 84 police cars) $168,000 Portable, handheld wireless units so police officers can scan and transmit (using Bluetooth technology) in -the -field finger print data for search and match via the central AFIS database, Total Byrne Grant Request FingrprinlMatching Units ($2,000 each for 10 police cars) $20,000 Local Match from Asset Forfeiture Funds (recommended, not required) Total Project Investment $500,000 $520,000 Bridget Noes: 1) Sole source acquisition from Cogent Systems for expanded proprietary system equipment. 2) Estimated prices include hardware, software, installation, and 1 -year maintenance. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $600,000 TO THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR FUNDING ELIGIBLE UNDER THE FY 2007 EDWARD BYRNE MEMORIAL DISCRETIONARY ASSISTANCE GRANTS PROGRAM FOR AN EXPANDED AFIS WITH MOBILE FINGERPRINT MATCHING CAPACITY PROJECT WITH A CITY MATCH OF $20,000 FOR A TOTAL GRANT APPLICATION OF $620,000; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT. ME IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $500,000 to the U. S. Department of Justice, Bureau of J +sdce Assistance, for funding eligib4e under the FY 2007 Edward Byme Memorial Discretionary Grants Program for an expanded AFIS with mobile fingerprint matching capacity project with a City match of $20,000 for a total grant application of $520,000; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter, or terminate the grant ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form Joseph Healey Assistant City Attorney For City Attorney Henry Garrett Mayor L , 2007 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Ekzondo, Sr. Mike Hummel! BiII Kelr Priscilla G. Leal John E. Marez I4elda Martinez Micha al McCutchon 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/19107 AGERDA ITEM: Ordinance appropriating $10,000 from Corpus Christi Crime Stoppers, Inc. in the General Fund No. 1020-11700; amending the FY2006 -2007 Operpting budget adopted by ordinance 026908 by increasing revenues and appropriations by $10,000; and declaring an emergency. ISSUE: Corpus Christi Crime Stoppers is providing funds towards the purchase of a forensic video analysis system and funds must be appropriated. BACKGROUND INFORMATION: The Police Department will be purchasing a forensic video analysis system for $19,245, additional funds to be provided by the Justice Assistance Grant. The system will allow us to review evidentiary videos and increase resolution of images, enlarge images, and filter noise. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. B. P. Smith Chief of Police Attatrrs: Deposit of funds receipt CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed %Li Le ACEV);Iiii Dept. Prepared/Reviewed by: t_a. Date: 82362 Ext: ca&IP__ Bank Bag #: )/555 Ict 1 I CO* UNT PAY 1 At. CODE FUD N I OF G PROJECT. GRANT BUDGET YEAR AMOUNT REMARKS C19 /(DICC - - - I OX - -- OM , - - . _ C-C‘D _ __. _ _ i OA= QC •-- - Statie4Si-i-A5) CASH VERIFICATION COUNT CURRENCY . . COM AMOUNT SIOOs $ 50s S 20s lOs $ 5s $ is $0.50 50.25 50.10 50.05 50.01 CASH SUBTOTAL CHECK TOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL If you hive inserted a 2-digit Payment Code in the first column, leave the remaining columns blank. ft you have not inserted a Payment Code in the first column, you must complete the remaining columns. (i.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. t WHITE/YELLOW CENTRAL CASHIERING PINK - DEPARTMENT COPY GREEN - PERMANENT FIL F COPY Revised I /01 99 $ 10,000.. or) $ lc; cap .00 $ $ 4.atr?— 44.4.11,1211VC4- 4 TY OF CORPUS CHRIS' 0.80X 9277 ORPUS CHRISTI, TX 79469-9277 row National Bank .Receipt*/ Check* Add. DEPARTMENT: Deposit Ticket Date Prepared By Fund Org. No Prj./Grt. Amount Entered by/Date: Reviewed by/Date: KS TOR 4 • *NUE TOTHE ERNS AND CONDITIONS OF FINANCIAL INSTrTUTIOWS AGREEMENT 013256550 is 400009 31: 66 40 2791310 c A H c H E K 825655 CURRENCY COIN )60A.101) t TOTAL 20 1000a:00 ORDINANCE APPROPRIATING $10,000 FROM CORPUS CHRISTI CRIME STOPPERS, INC. IN THE GENERAL FUND NO. 1020- 11700; ANDING THE FY2006 -2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY INCREASING REVENUES AND APPROPRIATIONS BY $10,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SUCTION 1. That $10,000 from Corpus Christi Crime Stoppers, Inc. is appropriated in the General Fund No 1020- /1700 SECTION 2. That the FY 2006 -2007 Operating Budget, adopted by Ordinance No. 02$908, is amended by increasing revenues and appropriations by $10,000. SECTION 3. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two realar meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 19th of June, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form «q 2007 Jo ph Hammy Astant City Attomey For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Ci pus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of is introduction, 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 Melody Cooper Larry Endo, Sr. Mice Hummell BE Kelly Priscilla G. Leal Join E. Marez Nelda Martinez Michael McCutchon 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 19. 2007 AGENDA ITEM: Motion authorizing the City Manager or his designee to authorize payment of invoice 873110 for twelve months software maintenance with Sungard HTE, Inc. of Lake Mary, Florida in an amount not to exceed $123,499.00. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services, Neighborhood Services and Click 2 Government. ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that it stays compatible with other systems. HTE, Inc. provided an invoice for annual maintenance from July 1, 2007 through June 30, 2008 of the City of Corpus Christi's Sungard HTE application modules. HTE, Inc. is the sole provider of Sungard HTE application software maintenance. BACKGROUND: On March 26, 1996, City Council authorized the purchase of the Sungard HTE Customer Information System from Sungard HTE, Inc. of Lake Mary, Florida. The system was purchased to replace the old IBM mainframe system in the custom programs written in Fuse for utility billing, cashiering, and accounts receivable applications. The purchase was part of the City's overall plan to replace outdated mainframe systems with state of the art technology and to provide Y2K compliance. Today this system drives the Customer Information System, providing not only the utility billing function for the City Utilities Business Office, but also providing a system for Central Cashiering, Accounts Receivable and Collections, Development Services, and Neighborhood Services. In June 2004 the City added the Click to Government modules to the H T E suite of applications. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: 1. July 11, 2006, authorization for FY0607 Annual Maintenance. 2. July 12, 2005, authorization for FY0506 Annual Maintenance. 3. June 29, 2004, authorization for FY0405 Annual Maintenance 4. June 29, 2004, authorization to purchase Click to Govemment modules to the H.T.E. suite of applications 5. July 8, 2003, authorization for FY0304 Annual Maintenance. 6. July 16, 2002, authorization for FY0203 Annual Maintenance. 7. March 26, 1996, authorization to purchase the Sungard H.T.E Customer Information System. FUNDING: The total cost of $123,499.00 will be funded from the MIS Department FY0607 budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Ogilvie Gericke Director of MIS Attachments: None SURD. HTE INC. 1000 Business Center Dr '_ake Mary, Florida 3274(- 10 "- 304 -i2i` .4, Nov hteinc cur, Bill To. City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 Jnited States Attn: Rich Holman 361- 880 -3710 INVOICE Company 1 100 Invoice No 873110 Date 30 /May /2007 Page 1 of 5 Ship To: City of Corpus Christi 12.01 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361- 880 -3710 Customer Grp/No_ 1276 Customer Name City of Corpus Christ No. SKU Code/DeaariptiordCornments Customer PO Number Currency Code USD Terms NET30 Due Date 29/1un/2007 Units Rate Extended Contract No 2000061 QRep End User Maintenance Plan, Start 01/)u1/2007 End 30/1un/2008 Retrofit Modification Option Maintenance Platt: Start 01/Ju1 /2007 End: 30 /Jun/2008 QRep Administrator H T E Maintenance Plan: Start 01 /JuU2007 End: 30/Jun /2008 4 QRep Catalogs for 0X1 MRJ CRJ CXJ WFJ Maintenance Plait : Start 01/Ju1/2007, End: 30/1un/2008 1300 30000 47 00 100,00 2 00 300.00 5 00 300.00 3 900 00 4,700 00 600 00 1,500.00 Contract No 2001799 5 NAVI -DMS - Document Management Services Maintenance Platt: ; Start 01 /Jui/2007 End: 30 /1un/2008 1 00 990 00 990.00 Contract No 20011361 6 NAVI - Contact Management Maintenance Plan: ; Start: 01/Ju1/2007. End: 30/Jun/2008 REMIT PAYMEN1 ?G 12709 Collection Center Drive • Chicago, ❑ 60693 SUNGARD H 1 E INC • Bank of America 1 00 11,420 00 11,420 00 Page Total ; 23,110.03 SUNGARD. HTE INC, 1000 Business Center Dr Lake Mary Fa 10f 327,E 10-7-304-;), vww fitemc coc} Bill To: City of Corpus Christ; 1201 Leopard Street Corpus Christ TX 78401 United States AttnRich Hdman 361-880-3710 Company '00 INVOICE Invoice No 873110 Date 30/May/2007 Page 2 of 5 Ship To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361 - 880 -3710 Customer Grp/No.. Customer Name 11 1276 City of Corpus Christi No SKU Code/ iptiontComments Customer PO Number Currency Code USD Terms NET30 Units Rate Contract No 20020151 NAVI- Building Permits Maintenance Plan Start: 0111u1/2007, End 30 /Jun /2008 NAVI - Occupattnal Licenses Maintenance Plat:: Start 01/ JuV2007 End. 30/Jun /2008 9 NAVI -Code Enticement Maintenance Plop: , Start 011Ju1/2007 End 30/Jun /2008 1 00 6 820 00 1 00 1,495 00 1 00 5 715 00 Due Date 29/Jun/2007 Extended 6,820 00 1 495 00 5 715.00 Contract No 2001793 SSP-NAVI - Cask Receipts Maintenance Play: Start 01/Jul/2007 End: 30/Jun/2008 SSP -NAVI - Custlt1mer liturniation Systems Maintenance Plan: , Start: 01/Ju1/2007, End: 30/Jun/2008 12 SSP -NAVI - Loam Module Maintenance Plait ; Start 01/Jul/2007 End: 30/Jun/2008 13 SSP -NAVI -Land Management Maintenance Plare : Start 01 /Jut /2007 End: 30 /Jun /2008 REMIT PAvMEx1 cy SUNGARD L, H I INC • Bank of America 12709 Collection Center Drive • Chicago, iI 60693 1 00 0 00 1 00 6,888 00 1 00 658 00 1 00 0.00 Page Total 000 6,888 00 658 00 0.00 21,576.0c SUNGARD. HTE INC, 1000 Business ( enter Dr ake Mary, Florida 3274( 4O 304 -323 1..v hteinc corn Bill To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361- 880-37 ' INVOICE Company 100 Invoice No 873110 Date 30/May/2007 Page 3 of 5 Ship To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361 -880 -3710 i Customer Grp/No. 1 1276 Customer Name City of Corpus Christi Customer PO Number Currency Code USD No SKU Code/De riptioniCornments ,ontract No 2001793 '4 SSP -NAVI- Accounts Receivable Maintenance Plan: Start: 01/Jut/2007, End 30/Jun /2008 5 SSP -NAVt - Wolf/Orders/Fee Mgmt - LF Maintenance Plan' : Start 01 /Jul /2007 End 30/Jun/2008 '6 SSP -Navi Contract Billing - LF Maintenance Plan: ; Start 01 /JuI/2007 End, 30/Jun /2008 7 NAVI - Customer Information Systems Maintenance Plan: Start 01/Ju1/2007 End. 30/Jun/2008 5 NAVI WorkOrders /FacMgmt Maintenance Plan: ; Start 01 /Jut/2007, End: 30 /Jun/2008 9 Navi - Contract Billing Maintenance Plan:: Start 01 /Jul /2007 End: 30/Jun /2008 20 NAV!- Accounts Receivable Maintenance Plan:: Start 01/Jul/2007 End: 30 /Jun /2008 SUNGARD HIE INC • Bank of America RFMIJ PAYMENT FO 12709 Collection Center Drive • Chicago, 11 60693 Terms Due Date NET30 29/JuM2007 Units Rate Extended 1 00 1,228 00 1 228.00 100 3 380.00 3 380 00 100 0 00 0.00 1 00 36 070 00 36,070.00 1 DO 10,01000 10 010.00 1 00 0.00 0.00 1 00 5 945.00 5,945 00 Page Total 56,633.00 sU LARD® HTE INC. 1000 Business Center Dr I.akeMary, Florida ?274r; 41i7- 304 -323- -NW htemc corr: Bill To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Atte :Rich Holman 361- 880 -37' 0 Customer Grp/No. Customer Name 1276 City of Corpus Christi No. SKID Cgde/ ontract No 2001793 iptionttComments Company •00 INVOICE Invoice No 873110 Date 30/May /2007 Page 4 of 5 Ship To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361- 880 -3710 Customer PO Number Currency Code Terms Due Date USD NET30 29/Jun/2007 Units Rate Extended 21 NAVI - as Receipts Maintenance Plan Start: 01/Ju1/2007 End 30 /Jun /2008 22 NAVI Loans Mliduie Maintenance Plan: Start: 01/Jul/2007 Eno. 30/Jun /2001- 23 NAVI -Land Management Maintenance Plan: , Start 01/Ju1/2007, End: 30/Jun/2008 1 0D 0.00 1 00 3 120.00 1 00 0.00 0.00 3 120 00 0 00 Contract No 20040556 24 BP Voice Response Selectron Maintenance Plan: Start 01/Jul/2007 End 10/Jun/2008 -25 CIS Voice Respartse Selecron Maintenance Plan: ; Start 01/Jul/2007 End 30 /Jun /2008 26 Click2Gov Core Module Embeddec Maintenance Platt:: Start 01 /Jut /2007 End: 30/Jun /2008 Click2Gov Custorloer Information System - LF Maintenance Plan:: Start 01 /JuV2007. End: 30 /Jun/2008 REMIT PAYMENT TCe SUNGARD H I E INC • Bank of America 12709 Collection Center )rive • Chicago, IL 60693 1 00 1.555.00 1 00 1 800 00 1 00 1 495 D0 1 00 5,150 00 1 555 00 1 800.00 1 495.00 5150.00 Page Total ti 13,120.0 9,06.01 suo® HTE INC. 1000 Business Center Dr ake Mary, Florida 32741 40? -104 -3235 .k wee hteinc com Bill To: City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Hotrnan 361. 880 -3710 INVOICE Company 00 Invoice No 873110 Date 30 /May/2007 Page 5of5 Ship To. City of Corpus Christi 1201 Leopard Street Corpus Christi TX 78401 United States Attn: Rich Holman 361 -880 -3710 Customer Grp/No [9 1276 No.. SKU Code/Desiption/Cornments Customer Name City of Corpus Christi Customer PO Number Currency Code USD Terms NET30 Due Date 29/Jun/2007 Units Rate Extended Contract No 20040555 28 Click2Gov - Building Permits Maintenance Plait : Start: 01/Ju112007 29 Click2Gove- CodeaEnforcement Maintenance Plart : Start 01/Jut/2007 3r Click 2 Gov - Busbies Licenses Maintenance Plait ; Start 01/JuI/2007 3` CLICK2GOV BP Wireless Maintenance Plan ; Start 01/1uI/2007 End: 30 /Jun/2008 End: 30 /Jun/2008 End: 30/ 1un /2008 End: 30 /1un /2008 1 00 2.730.00 1 00 1 700 00 1 00 1,430.00 1 00 1,720 00 2 730 00 1 700 00 1,430 00 1 720 00 Contract No 20050055 32 CIS Credit Card Interface Maintenance Plan:: Start 81 /Jul/2007, End: 30 /Jun/2008 1 00 595 00 595 00 Contract No 20051141 33 QRep Catalogs for6PJ, CEJ & OL J Maintenance Plan: ; Start 01 /Ju1/2007, End: 30;Jun12008 3 00 295 00 Page Total 885 00 SUNGARD HIE INC • Bank of America REMIT PAYMENT TO 12709 Collection Center Diive • Chicago, Subtotal ' 123,499.01 60693 Sales Taxi '� 0.00 Invoice Total ! 123,499.00; Payment Received ' Balance Due 123,499.01 8 AGENDA MEMORANDUM DATE: June 19, 2007 SUBJECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road [BOND ISSUE 2004] CHANGE ORDER NO. 1 AGItIDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the construction contract with Berry Contracting L. P. dba Bay, Ltd. from Corpus Christi, Texas in the amount of $62,935.76, for a total restated fee of $7,456,381.76 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. [BOND ISSUE 2004]. ISSN: The proposed Change Order No. 1 provides for the removal and disposal of approximately 352 cubic yards of unanticipated underground concrete beams and concrete pavement discovered during construction. The Up River Road Street Improvement project is currently under construction and approximately 20% complete. Geotechnical investigation performed early in the project included obtaining core samples at 250 -feet intervals to acquire a typical representation of existing pavement and subsurface. The underground concrete beams and concrete pavement in question were not discovered in the subsurface geotechnical investigation or shown on record documents. Due to the unanticipated discovery of the underground rubble it has become necessary to issue a Change Order to the contractor to remove the concrete and proceed with the project. FUMING: Funding is available from the FY 2007 Capital Improvement Program (CIP). RECMMIDATION: Staff recommends approval of the Motion as presented. Ad one Support Malarial: Exhi "t "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Change Order Summary Exhibit "C" Location Map i gef R. Escobar, P. E., irector of Engineering Services IHOMEiLYNDAS\GEN\Streets■2004 Bond Issue16265 - Up River Road\Change Order No 1\AGENDA MEMO.doc BACKGROUND INFORMATION SUBNECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road [BOND ISSUE 2004] CHANGE ORDER NO 1 PRI ECT BACKGROUND: This project was approved as part of the Bond Issue 2004 Street Improvements proposition on November 2, 2004. A design contract was executed with Maverick Engineering on May 24, 2005 for design, bid and construction phase services to complete the project. A geotechnical testing agreement was administratively issued on July 31, 2005 to Professional Services Industry to do material testing services. The project bid in late 2006 and on December 19, 2006, a construction contract was awarded to Bay, Ltd. of Corpus Christi, Texas. Currently, the project is approximately 20% complete and anticipated to be finished by December 2008. 9 ■HOMEILYNDAS1GEN1Streels \OO4 Bond Iss,,e16265 llp R'ver RoadlChange Order No. 1 \AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUB4ECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road (Project No. 6265) [BOND ISSUE 2004] CHANGE ORDER NO. 1 mar Ct NCIL ACTION: . Novmber 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. Novgnber 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). May 24, 2005 - Ordinance appropriating $423,830.30 from City Hall CIP Fund 3160, transferring to and appropriating in Street CIP Fund 3530 for the Up River Road Street Improvements Project; amending Capital Budget adopted by Ordinance 026188 by increasing appropriations by $847,660.60; and declaring an emergency (Ordinance No. 026276). May 24, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering, Inc. in the amount of $890,490 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project (Motion No. M2005 -157). 5. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). Decnber 19, 2006 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $7,348,659.85 for the Base Bid and $44,786.15 for Additive Alternate No. 3, for a total construction amount of $7,393,446, with Bay, Ltd. of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road (Motion No. M2006 -439). Decenber 19, 2006 - Motion authorizing the City Manager, or his designee, to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services in the amount of $52,000 with Professional Service Industries, Inc. of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road (Motion No. M2006 -440). December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute an Agreement for Street Light Installation in the amount of $80,000 with American Electric Power (AEP) for the Up River Road Improvements from Rand Morgan Road to McKinzie Road (Motion No. M2006 -441). PRIV AI NISTRATIVE ACTION: I. July 31, 2004 — Executed Small A/E Agreement with Pyle and Associates in the amount of $14,200 for the Up River Road from Rand Morgan to McKinzie Project. 2. Auqust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). N� \l1SERSZHOME' VELMAP\DEN \STREET\6265 UP RIVER R )AD1CONSTRUCTIONICHANGE ORDER NO. 1 PRIOR PROJECT ACTIONS EXHIBIT "A -1" Page 1 of 2 PRIOS ADINISTRATIVE ACTION (continued): 3. March 25, 2005 _ Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). July 31, 2005 -- Executed Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Professional Service Industries. Inc, in the amount of $14,070 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. December 19, 2005 — Executed Amendment No. 1 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $24,981 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. July 6, 2006 Executed Amendment No. 2 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $24,996 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. July 21, 2006 - Executed Amendment No. 3 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $21,908 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. May 30, 2007 - Executed Amendment No. 4 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $9,715 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project for the Sessions Road Casing and 12 -inch Wastewater Gravity Line. -cIUSERS21140MEIVELMAP \GEN\S- REETi6266 UP RIVER ROAD \CONSTRUCTION\CHANGE ORDER NO. 11PRIOR PROJECT ACTIONS EXHIBIT "A -1" Page 2 of 2 PROJECT: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET June 19, 2007 Up River Road Improvements from Rand Morgan Road to McKinzie Road [BOND ISSUE 2004] Project No. 6265 APPROVED: City Council Motion No. M2006 -439 on December 19, 2006 CONTRACTOR: Berry Contracting L. P. dba Bay, Ltd. P. O Box 9908 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT $7,393,446.00 5% Limit Amount 1,848,361.50 Change Order No. 1 62,935.76 TOTAL All Change Orders $62,935.76 .85% < 25% H'\ USERS2WOME \VELMAP\GEN\STREET\626E= UP RIVER ROAD \CONSTRUCTION \CHANGE ORDER NO. 1 \CHANGE ORDER SUMMARY ,Mproject ,counciiexnibrts \ex11b265.awg Aftcrs LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY Wc C.O. LOCATION] tc Ntx CITY PRIG. CT No. 6265 VICINITY MAP NOT TO SCALE EXHIBIT 'C" UP RI1 R TOAD -FROM RAND MORGAN TO McKMIZIE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -06 -2007 9 AGENDA MEMORANDUM City Council Action Date: June 19, 2007 SUBJECT: Marina Phase III Improvements (Docks E, F G. & H) (Project No. 3297) AGEI+DA ITEM: • Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a professional engineering contract with HDR — Shiner Moseley and Associates of Corpus Christi, Texas in the amount of $60,502.00 for a restated total fee not to exceed $465,632.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for additional design, inspection, project coordination for electrical, wastewater, water, landscaping, a *halt repairs, fencing and signage • Motion authorizing the City Manager. or his designee, to execute construction Change Order No. 9 with the CCC Group, Inc. of San Antonio, TX in the amount of $47,921.00 for additional signage on fencing and Marina Boaters Facility, removal of original firewater outlets from docks arid d replacement with new outlets, install access boxes to permit fire department access for the fire system, and replacement of 160 backflow prevention devices on docks and four (4) landside backflow prevention devices with enclosures and piping. ISSUES: The following work was authorized due to the time sensitivity of completing the work for the Texas International Boat Show • The project required additional design, inspection and coordination by the Consultant. An amendment for the additional services was not processed prior to the services being rendered. • Additional signage was deemed desirable to provide Wayfinding for visitors. Modification of the firewater system to achieve compatibility and improved Fire Department access was needed. The City Plumbing Inspector requested an improved backflow prevention system be installed. FUN NG: Funding is available from Marina Development 2005 CIP Fund, Wastewater CIP Fund and VVater CIP Fund CON .USIIi)M1 AND RECOMMENDATION: Staff recommends approval of the motion as presented to permit payment for the services received. Sally Gavl Director ..Parks & Recreation Foster Crowell Director of Wastewater Services Add onai Support Material: Exhibit "A" Background Information Exhibt `A -1" Prior Actions Exhibit "B" Contract Summary Exhibit "C" Change Order Summary Exhibit "D" Location Map � / /C ��Afii� -✓ ‘AV. g R. Escobar, P.E. 'rector of Engineering Services Eduardo Garana, P.E. Director of Water Services H \ HOAAE\ KEVINS\ GEN\ MARINA13297Phase3Docks1AEAmd1CO9Memo .DOC BACKGROUND INFORMATION SUBJECT: Corpus Christi Marina Development Project — Phase III (Docks E. F, G, and H) Project No 3297 It was necessary that all work associated with the project be complete prior to the start of the Texas International Boat Show. This required the engineer and contractor to proceed immediately with the additional work. The Texas International Boat Show created national and international attention on the new Marina and City of Corpus Christi. CONTRACT AMENDMENT: The amendment provides a ratification to authorize payment for services associated with the Marina Phase ill Improvements (Docks E, F, G, & H). During the course of the project a number of enhancements and maintenance items were addressed that were not part of the original scope. The Consultant provided design, inspection and project coordination services for the work undertaken by the contractor and City forces. The services include: • design and inspection of electrical, water and fencing improvements to relocate the Captain Clark to facilitate construction; • inspection of additional sanitary sewer improvements on Docks G and H; • coordination to site landscape blockouts to avoid construction conflicts; • coordination of landscape design with landscape architect, Marina personnel and contractor to ensure landscaping is properly located so as to not result in project conflicts and that work is complete prior to the Texas International Boat Show • document and mapping of asphalt and base failures on T -Head, design and specification of repair methods and materials, and inspection of repairs; • provision of electrical engineering design and inspection for sanitary sewer boat pump out station and other electrical improvements for sanitary sewer service and project coordination with the contractor, subcontractor, electrical sub - consultant and Marina; • design of three phase electrical service on Dock E, and provide or cause to be provided the inspection of additional electrical work and provide project coordination with the contractor, subcontractor, electrical sub - consultant and Marina; and • sign layout and coordination requested by Marina and required by State and Federal Agencies. A contract summary is attached. See Exhibit B EXHIBIT "A" Page 1 of 2 KE'AAINS\GEN\ MARINA, 3297Phase3Cocks \P.EAmd1CO9BkgExhA.doc CHANGE ORDER NO. 9 The additional work was undertaken and has been completed by the contractor pending processing of the change order. The additional work included: • Twelve additional signs installed on the dock fencing and the Marina Boater's Facility. During the Texas International Boat Show, a large number of visitors were not familiar with Marina. Marina staff was unable to assist everyone that desired information and directions during the event. Improved signage helps orient visitors with the Marina and its facilities. The Marina originally proposed to install the additional signs, but requested the contractor to provide the installation when there were still on site. • Tt a layout and construction of the fire water distribution system was modified to er*iance the long term durability and operational parameters of the system. This was accomplished by eliminating flexible hoses and connections (designed to be placed in the water) and adding stationary stand pipes on each dock (E, F and G /H). In addition, Knox boxes were added to enable faster response and action times by the Fire Department. This Knox Box system houses dock access gate keys in a lock box and albws the Fire Department to enter the dock without having to rely on other departments /personnel to be present. • The contractor installed the backflow prevention system specified on the plans. This design is consistent with typical marina construction in North America. The City Plumbing Inspector directed additional components be installed to accommodate and upgrade the backflow prevention system to the live aboard allowance adopted by the City. The installed components on the hose bibs were removed and replaced with 160 hatf -inch FPT dual check back flow prevention devices on the docks. Four 2 -inch back flow prevention devices were installed for Iandside utilities along with stainless steel enclosures H:\HOME\KEV INS\ GEN \MARINA13297Phase3Docks1AEAmd 1 CO9BkgExhA.doc EXHIBIT "A" Page 2 of 2 PRIOR ACTIONS SUBJECT: Corpus Christi Marina Development Project — Phase III (Docks E, F, G, and H) Project No 3297 PRIOR COUNCIL ACTION: July 7, 2004 — Resolution authorizing increased and new Park and Recreation Marina fees for Fiscal Year 2004 -2005; providing effective date; and providing for severance 2 December 14, 2004 - Resolution expressing official intent to reimburse costs of the Marina Improvement Project. 3 December 14, 2004 - Ordinance appropriating $450,998 from the Marina Fund No. 4700 Unreserved Fund Balance for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facility/ Restroom; amending Operating Budget adopted by Ordinance No. 025878; and declaring an emergency. December 14, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Shiner, Moseley & Associates, Inc. in the amount of $405,130 for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facility / Restroom . December 14, 2004 - Motion authorizing the City Manager, or his designee, to execute a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of $45,868 for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facility /Restroom. 6 January 31, 2006 — A Resolution authorizing the City Manager, or his designee, to accept a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for Phase 1 of the Corpus Christi Marina Boat Pump -out System for Dock 'E ` Peoples Street T- Head. with $23,000 match from the No. 3233 Marina Development CIP Fund January 31, 2006 — Ordinance appropriating a grant from the Texas Parks & Wildlife Department in the amount of $69,000 for in the No. 1058 Marina Grants Fund for Phase 1 of the Corpus Christi Marina Boat Pump -out System for Dock "E" Peoples Street T -Head: and declaring an emergency. June 27, 2006 Motion authorizing the City Manager, or his designee, to award Change Order No. 2 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $316,134.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for Additive Alternates No. 4 and 5 Dock H (North and South Finger Piers). December 12, 2006 - Motion authorizing the City Manager, or his designee, to award Change Order No 3 to a construction contract with CCC Group, Inc. of San Antonio. Texas in the amount of $34,315.00 for the for Corpus Christi Marina 4N OME \.KEV1NS1GEN\MARINA\3297Phase3C acks‘AEAmdl CO9PriorActionsExhA -1.doc EXHIBIT A -1 Page 1 of 3 Development Project Phase III (Floating Docks E, F, G and H) for the installation of sanitary sewer pump -out station on Docks G & H. 10 January 16, 2007 - Motion authorizing the City Manager, or his designee, to award Change Order No. 5 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $139,798.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for landscaping on Peoples Street T -Head. 1 February 20, 2007 — a Ordinance appropriating $43,242 from William O. Harrison Jr. into the 4700 Marina Fund for the Marina Development Project Phase III: Docks E, F. G, and H project; amending the FY 2006 -2007 budget adopted by Ordinance No. 26908 to increase revenues and appropriations by $43,242; and declaring and emergency. b Motion authorizing the City Manager, or his designee, to award Change Order No 6 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $60,090.00 for the for Corpus Christi Marina Development Project Phase III ( Floating Docks E, F. G and H) value engineering cost savings and modifications of landside power distribution system to accommodate future projects being planned at the Peoples Street T -Head 12 April 10, 2007 — a Ordinance appropriating $176,172 from interest earnings into the Marina Development 2005 CIP 3233 Fund for the Marina Development Project Phase III: Docks E, F. G, and H project: amending the FY 2007 Capital Budget adopted by Ordinance No. 26997 to increase appropriations by $176,172.00; and declaring and emergency. b Motion authorizing the City Manager, or his designee, to ratify and award Change Order No. 7 to a construction contract with CCC Group, Inc. of San Antonio, Texas in the amount of $49,942.00 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of three phase electrical service for two locations on Dock E and pavement repairs on the Peoples Street T -Head. PRIG ADMINISTRATIVE ACTION: 1 February 15, 2005 — Administrative approval of an amendment to a Contract For Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Fugro Consultants, LP in the amount of $13,975 for the Marina Development Project — Peoples Street T -Head [Floating Docks "E ", "F ", "G ", Commercial Dock] and Boater's Facility /Restroom. 2 June 19, 2006 — Administrative approval of Change Order No. 1 for CCC Group, Inc. of San Antonio, Texas in the amount of $ -0- for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) to provide for temporary fencing and modification of the start of construction date. 3 December 18, 2006 - Administrative approval of Change Order No. 4 for CCC Group, Inc. of San Antonio, Texas in the amount of $11,500 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for tree planting and installation of a sanitary sewer piping tie -in for the future CC Sailing Center. 4 April 11, 2007 - Administrative approval of Change Order No. 8 for CCC Group, Inc EXHIBIT A -1 Page 2 of 3 H \.Ho \KEViNS \GEN\ MARINA \3 ' 97Phase3D ocksv' �EAmd1CO9PriorActionsExhA -1.doc of San Antonio, Texas in the amount of $10,400 for the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for signage for slip delineation and installation on slip piles. H IHCNE\ KEVINS\ GENIMARINA\ 3297Phase3Dockst AEAmd1CO9PriorActionsExhA -1.doc EXHIBIT A -1 Page 3 of 3 CONTRACT SUMMARY Exhibit A is amended by the addition of design and construction phase services as follows: Exhibit A. Section 2, Design Phase, is amended by the addition of p. Additional Facilities: p Additional Facilities: Captain Clark Relocation — Engineer will provide the design and inspection services required for additional facilities necessary to provide temporary electrical power, permanent electrical power, water connection, and fencing to relocate the Captain Clark to permit the construction of the project. q Additional Sanitary Sewer Docks G & H — Engineer will provide inspection and management coordination to provide additional sanitary sewer requested by Marina. Landscape Blackouts — Engineer will inspect, coordinate and provide necessary supervision to ensure proper installation of four (4) blackouts for landscaping. s Additional Landscaping on T -Head — Engineer will provide coordination of their landscape architect with Marina personnel and contractor to ensure landscaping is properly located so as to not result in project conflicts and that work is complete prior to the Texas International Boat Show. Asphalt Repairs — Engineer will document and map the location of pavement failures, design pavement repair methods and specify materials, inspect the repairs, provide contractor coordination and map areas to be repairs by City Street Department. Sanitary Sewer Electrical and Sanitary Boat Pump Out Station - Electrical System — Engineer will employee a Texas registered profession electrical engineer to provide the electrical design for the sanitary boat pump out station. Engineer will provide or cause to be provided the inspection of additional electrical work and provide project coordination with the contractor, subcontractor, electrical sub - consultant and Marina. V Three Phase Electrical Service - Engineer will employee a Texas registered profession electrical engineer to provide the design for three phase electrical service on Dock E, and provide or cause to be provided the inspection of additional electrical work and provide project coordination with the contractor, subcontractor, electrical sub - consultant and Marina. w Additional Signage - Engineer will provide the layout and coordination requested by Marina and required by State and Federal Agencies. Exhibit A Section 3. C Fees is amended so that Section C. Summary of Fees reads: C. Summary of Fees Fee for Basic Services 1 Preliminary Phase $29,414 r 2. Design Phase 172,687 3 Bid Phase 14,521 4 Construction Phase 43,379 Subtotal Basic Services Fees 260,001 Exhibit B Page 1 of 2 - "DME1KEviN +GEMMARINA325 7Phase si oc,s\AEAmd' Fee for Additional Services (Allowance) 1 Permit Preparation (as applicable) U.S. Army Corps of Engineers Texas Department of License and Regulation Total Permitting 6,282 2 Topographic Survey 2,932 3 Construction Observation Services 63,234 4 Start Up Services 6,508 5 Warranty Phase 5,384 6 Floatable Debris Study 14,525 7 Dock "H" Floatable Dock Design Services 46,264 Sub -Total Additional Services Fees Authorized 145,129 Total Authorized Fee $405,130 AMENDMENT No. 1 p Additional Facilities: Captain Clark Relocation 11,500 q Additional Sanitary Sewer — Docks G & H 3,000 r Landscape Blockouts 926 s Additional Landscaping on T -Head 11,376 t. Asphalt Repairs 6,500 u Marina and Sanitary Boat Pump Out Station 10,000 v Three Phase Electrical Service 11,700 w Additional Signage 5,500 Arndment No. 1 Fee 60,502 Total Authorized Fee 465,632 Exhibit B Page 2 of 2 tH' iME\ KEVINS,GEN1MARtNA,3257Phase3f ocks'AEAmd"' mExh6 cor. Department of Engineering Services Change Order Summary Sheet June 19, 2007 PROJECT: Corpus Christi Marina Development Project (Docks E, F, G & H) Project No 3297 APPROVED: City Council on 3/28/06 - Motion No. M2006 -097 CONTRACTOR: CCC Group, Inc. 6364 Hopkins Corpus Christi TX 78409 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 (6/19/06) ..... ......... Change Order No. 2 (Council 6!27/06. M2006 -185) Change Order No. 3 (Council) Change Order No. 4 (12/18/06) Change Order No. 5 (Council) . Change Order No. 6 (Council) Change Order No. 7 (Council) . . Change Order No. 8 (04/11/07) Change Order No. 9 (Pending) Total .. $3,835,988.00 958,997.00 0.00 316,134.00 34, 315.00 11, 500.00 139, 798.00 60,090.00 49, 942.00 10,400.00 47,921.00 670,100.00= 17.47% < 25% Exhibit C Page 1 of 2 Pages) 3 Change Order No: Operating Department Name of Project Contractor: MANGE ORDER Department of Engineering Services amity of Corpus Christi, Texas 009 Date: Funding Source: May 30, 2007 550910-3233- 00000 - 140302 Engineering Contract Time: 180 Calendar Days Marina Development Project -Phase HI: Docks E, F, G, and H CCC Group, Inc. 1 Signal's Installation for Marina Install signage on fencing and Marina Boater's Facility. 2, Firewater System Adjustments Remove and replace original firewater outlets with proper outlets on thefloating docks; install additional fire system signage; and provide and install Knox Boxes for CCFD access onto floating docks. 3. Back Flow Prevention Adjustments Remove and replace original (160) backflow preventers on floating docks; purchase and install (160) different backflow preventers on floating docks; and purchase and install (4) Iandsirie backflow prevention devices with enclosures and associated piping. TOTAL. THIS CHANGE ORDER ADD $1,918.00 TYPE DEDUCT LS $15,846.00 LS $30,157.00 LS $47,921.00 Why was *Os change necessary? (If left off the plans and specifications, explain why.) 1. Identifation of docks and building inside the marina. Marina was short - staffed due to Boat Show. 2. Modified layouts according to CCFD. 3. Requited by the City of CC Bulding inspection Department. How can similar changes be avoided in the future? 1. Thorough review of plans during the design phase. Coordinate design with Marina/Parks Department. 2. Thorouugh review of plans during the design phase. Coordinate design with CCFD. 3. Thorough review of plans during the design phase. Coordinate design with Building Inspection Department. A. ORIGINAL CONTRACT PRICE B TOTAL CHANGE ORDERS (incl. current) C. NEW CONTRACT PRICE D AMOUNT OF THIS CHANGE ORDER E PERCENT TOTAL CHANGE (B /A) F PREVIOUS ADDTL. TIME AUTHORIZED G. ADDTL. CONTRACT TIME THIS CHANGE ORDER H TOTAL ADDITIONAL CONTRACT TIME t CITY OF CORPUS CHRISTI, TEXAS TI, TEXXA rtiineering Services $ 3,835,988.00 Change Reviewed and Recommended by: $ 670,100.00 HD} tiner Mos9ley d Asso ates, Inc. $ 4,506,088.00 $ 47,921.00 1I 6/17 17.47% Project Engineer Date 131 (calendar days) 36 (calendar days) 167 (calendar days) '� 4/' 3 /G' Date Date Date Op? fir Din iI Legal BY: Signature 6111.11- Peofelva s•- itle (Attachments 1. CCC Group proposal. Exhibit C Page 2 of 2 \Mproject\councilextubits\exh3.197.thvg W. SHORELINE BLVD. BOATERS FACILITY PROrT ft. 3297 LIFT STATION VICINITY MAP NOT TO SCALE EXHIBIT V" CORPS (*MUST! MARINA DEVELOPMENT PHASE 111 (Floating Docks E, F, G & H) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06-06-2007 10 AGENDA MEMORANDUM DATE: June 19, 2007 SUBJECT: J.0 Elliott Citizens Collection Center and Transfer Station (Project 5192) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $33,522.00 for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station for removal of concrete rubble and placement of compacted select fill. ISSUE: Concrete rubble was found underneath the location of underground electrical lines and Tight poles being constructed for the Transfer Station. The material must be removed to allow the electrical lines and light poles to be installed. RECOMMENDATION: Approval of the motion as presented. ::3-00 ' 660 7 A Escobar, P E J y f K . Ian 'rector of Engineering Services D ec or .f Solid Waste /Street Services 6/,/c Attachments: a Additional Information b Prior Action c Change Order Summary d. Ske Map H \HOiS \KEVINS \GEN\LANDFILL CCCTransferStation\CO5Memo.doc ADDITIONAL INFORMATION SUBJECT: J.0 Elliott Citizens Collection Center and Transfer Station (Project 5192) Change Order No. 5: The change order is for removal of concrete rubble and placement of compacted fill. The action was necessary to allow construction to proceed with the installation of electrical lines and Tight poles to support the Citizens Collection Center and Transfer Station. The Change Order provides for the removal of 2,796 cubic yards of concrete rubble and, placing 2,796 cubic yards of compacted fill. The amount of the change order is based upon the unit bid rate of $6.00 per cubic yards. A copy of the change order is attached. See Exhibit B. BACKGROUND. Four soil borings were completed for the Transfer Station. None of the four borings encountered the concrete rubble. Concrete rubble under the foundation of the building and storm water detention pond was encountered during excavation The extent of the rubble was unknown until excavation. Council authorized the removal of the rubble through approval of Change Order No. 1 on February 10, 2007 and Change Order No. 2 on April 24, 2007. Council was advised that the required underground utility work was likely to encounter additional concrete rubble requiring an additional change order. The extent and location of the rubble could not be determined prior to excavation. Rubble was found to conflict with the installation of the underground electrical and light poles. Issuance of the change order allows the Contractor to take the necessary actions to complete the project in a timely manner to permit operation of the facility. The change order also allows the City to avail itself of competitive unit prices bid by the contractor. Change Orders that exceed $25.000 00 require authorization by Council. RECOMMENDATION: Approval of the motion as presented. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds. H: \HOAR \KEVINS \GEN\ LANDFILL \CCCTra nsferStation \CO5AwdBkg ExhA.doc Exhibit "A" Page 1 of 1 PRIOR ACTIONS SUBJECT: J . Elliott Citizens Collection Center and Transfer Station (Project 5192) PRIOR COUNCIL ACTION: Janury 19, 2006 Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley in the amount of $390,700.00.. subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J.C. Elliott Landfill (M2006 -007), December 19, 2006 — a Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $3,835,907.25 with Longhorn Excavators, Inc., of Richmond, Texas for the J C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station (M2006 -442) b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $84,056.00 with Kleinfelder of Corpus Christi, Texas for the J.0 Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station (M2006 -443. Febryary 20, 2007 - Motion authorizing the City Manager, or his designee, to execute Charve Order No 1 for removal of concrete rubble and placement of compacted select fill in the amount of $97,170.59 with Longhorn Excavators, Inc., of Richmond, Texas for the J.0 Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. April ,^ 4, 2007 - Motion authorizing the City Manager, or his designee, to execute Change Order No 2 for removal of concrete rubble under the building foundation and placement of compacted select fill and addition of four (4) pilasters to Transfer Station tipping floor in the amount of $78,868.60 with Longhorn Excavators, Inc., of Richmond, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. Council was advised at the time of the change order that additional rubble removal was likely to be required for underground utility and light pole installation. PRIOR ADMINISTRATIVE ACTION: Febryary 14, 2006 — Award of a geotechnical services contract to Kleinfelder, Inc. of Corpus Christi, Texas in the amount of $8,800.00 for the J.C. Elliott Landfill Citizens' Collection Center and Transfer Station. June.4, 2007 — Award of Change Order No. 3 to Longhorn Excavator, Inc. of Richmond Texas in the amount of $8,797 68 for installation of additional utility sleeves, revision of reinforcing steel. replacement of 500 i.f. of wastewater force main under foundation not identified on as -built and during the line locate, modification of building pedestals for the J. C. Elliott Landfill Citizens Collection Center and Transfer Station. June 8, 2007 — Award of Change Order No. 4 to Longhorn Excavator, Inc. of Richmond Texas in the amount of $16,100.00 to increase pre- manufactured building wind Toad -1 , HOME \KEVINS \GEN \LANDFtL CCTransferStation1C05AwdBkgExhA -1.doc EXHIBIT "A -1" Page 1 of 2 velocity pressure 17% (Exposure "C" vs. Exposure "B "). FUTURE COUNCIL ACTION: Courcil may be requested to authorize any additional necessary change orders. H \HON \KEVINS \GEN \LANDFILL CCCTransferStation \CO5AwdBkgExhA -1.doc EXHIBIT "A -1" Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JUNE 19 2007 PROJECT: J.0 Elliott Citizens Collection Center and Transfer Station (Project 5192) APPROVED: Motion No M2006 -442 12/19/07 CONTRACTOR: Longhorn Excavators, Inc. 8653 F.M. 2775 Road Richmond, TX 77469 TOTAL CONTRACT AMOUNT .............. 3,835,907.25 25% Limit Amount .... ...................... 958,976.81 Change Order No. 1 (02/20/07) 97,170.90 Change Order No. 2 (04/27/07) 78,868.60 Change Order No. 3 (06/04/07) 8,797.68 Change Order No. 4 (06/08/07) 16,100.00 Change Order No. 5 (06/19/07) 33,522.00 Total .. .. , ... 234,459.18 = 6.11% < 25% Exhibit B Page 1 of 2 ;,t gip, JJec G , unc e v,ts \e) 1 c ; wg ISJ CREEK COLLECTION CENTER AFER STATION CO cu SITE LOCATION MAP NOT To SCALE PROJEC # 5192 EXHIBIT "C" (CHANGE ORDER NO. 5) J:C. ELLIOTT LANDFILL CI TIZ S COLLECTION CENTER A TRANSFER STATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -08 -2007 11 AGENDA MEMORANDUM AGENDA ITEM: June 19, 2007 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by JJAR Development, LLP. owner and developer of Legends of Diamante Unit 2 located east of Rodd Field Road and north of Slough Road for the installation of 399 linear feet of 8 -inch PVC water distribution main; and Ordinance appropriating $4,223.80 from the Water Distribution Main Trust Fund No. 540450- 21806 -4030 to pay the developer reimbursement request for installation of 399 linear feet of 8 -inch PVC water distribution main to develop Legends of Diamante Unit 2, and declaring an emergency ISSUE: JJAR Development, LLP owner and developer of Legends of Diamante Unit 2 proposes to install 399 linear feet of off -site, 8 -inch PVC water distribution main. The off -site water distribution main begins at the south property line of Legends of Diamante Unit 2 and extends south connecting to the existing 12 -inch water main on the south side of Slough Road. JJAR Development, LLP will start the installation of the off -site 8 -inch PVC water distribution main once the City Council approves the Distribution Main Extension Construction and Reimbursement Agreement and appropriates funding Funds appropriated to pay for the installation are from the Water Distribution Main Trust Fund, in compliance with the Platting Ordinance. RECOMMENDATION' Staff recommends approval of the motion and ordinance as presented. \;jl 'tft Deborah A. Marroquin, P E. Interim Director of Development Services ATTACHMENTS Exhibiiz A. Exhibl B Exhibilt C Exhibt D Exhibit E Exhibit F Exhibit G Background Information Location Map Water Main Construction Location Map Application for Waterline Reimbursement Application for Waterline Credit Cost Breakdown Distribution Main Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND The development and platting of Legends of Diamante Unit 2 (Exhibit B) required an off - site extension of 399 linear feet of 8 -inch PVC water distribution main beginning at the south property line of Legends of Diamante Unit 2 and extending south connecting to the existing 12 -inch water main on the south side of Slough Road. (Exhibit C) The c4f -site portion of the 8 -inch PVC water distribution main is eligible for reimbursement in accordance with Platting Ordinance Section V.B.5.f.)(2) Distribution Main Extensions. The total cost submitted by the developer for the installation of 399 linear feet of off -site 8 -inch water distribution main is $22,615.60. Platting Ordinance provisions allow partial reimbursement of the cost incurred by the developer for construction of a water distribution main as follows: The "maximum extension" shall be limited to one -half mile (2,640 -feet) or, if the fee value of the property does not equal 50 percent of the off -site extension cost, the extension will not be made unless the developer provides the difference up to 50 percent, which difference shall be non - reimbursable. The water distribution main extension is 399 linear feet, less than a half a mile. The Fee Value (Water Acreage Fee) is $7.084.00 (46 lots x $154.00 per lot = $7,084.00), which is less than 50 percent of the total cost of the off-site water distribution main construction; therefore, the developer provides the difference up to 50 percent. which is $22,615.60 X 50% = $11.307.80. CREDIT: The Platting Ordinance Section V. B. 5. f)(2)(i) states if the developer installs such distribution main, the developer shall be credited for the actual off-site installation costs up to the amount of his lot/acreage fee, provided an application for credit, including all cost - supporting documentation, has been submitted to the Development Services Engineer prior to the installation of such distribution main, and is approved by the Development Services Engineer The developer submitted an application for Water Line Credit for $7,084.00 including cost supporting documentation REIMBURSEMENT The Platting Ordinance Section V.B.5. f) (2) (ii) states that if the developer costs for installation of such distribution main are greater than the lot/acreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available in the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the ''maximum extension" criteria. The total reimbursement owed to the developer for the installation of the water distribution main is: $4,223.80 ($11 307 80 - $7 084.00 = $4,223.80). The developer executed a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit G) in compliance with provisions of the Platting Ordinance. The Application for Waterline Reimbursement, Application for Waterline Credit, and supporting cost documentation are attached (see Exhibits D, E, and F) Reimbursement is payable upon completion and acceptance of the water grid main work with the actual reimbursement determined on the actual construction cost, not to exceed $4,223.80. Exhibit A Page 1 of 1 PROJECT LOCATION LEGENDS OF DIAMANTE GRAPHIC SCALE 0 500' 1000' LEGEND PROP. 8" WATERLINE PROP. 6" WATERLINE EXISTING CONTOURS FIRE HYDRANT 1 2.X8" TAPPING �VE & VALVE .0! -a- 8" PVC. - - -- 8� rT —w —w 8' 0 > w a_ W Z pp H J ce LL J 0 LI (•'f '2" PVC M x NO. DATE engineering - riving- surveying WATER MASTER LAYOUT ttEV1SIoNS min9- *0 flos 2927, Corpus CliiNli. Tema 76103 820 8ufdo 5t. Corpus Christi. Tema 76401 phone 311.887.8851 Pgpe1of1 fm: 361.887.8655 a -moil: rveerse- ne.com www.rve- inc.com APPLICATION FOR WATERLINE REIMBURSEMENT 1. James Tracy of JJAR Development, L.L.P. , owner and developer of proposed Le sends of Diamante Unit 2 Subdivision, hereby request reimbursement of $ 42,23A) for the installation of the water distribution main in conjunction with __Lends of Diamante Unit 2 Subdivision, as provided for by City Ordinance No. 17092. Said $ 22,615.60 is the construction cost, including 10% Engineering, in excess of the lot/acreage fee. as shown by the}cost supportin ocu -nts attached herewith. J James Tracy, General P JJAR Development, L.L. THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on CER'ICATION 6)// 70 7 (Date) , 200 , a Text. Corporation, on behalf of the said cot7 i r 1 N • ary Public in and for Nueces County, Tie The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Distribution Main Trust Fund, and (b) appropriation and approval by the City Council. .40/ Development Services Engineer ‘Viy/0-7 (Date) Exhibit D APPLICATION FOR WATERLINE CREDIT 1, James Tracy of JJAR Development, L.L.P. owner and developer of proposed Legends of Diamante Unit 2 Subdivision, hereby apply for a $ 7,084.00 credit towards the water lot/acreage fee for the Distribution Main extension installed in conjunction with Legends of Diamante Unit 2 Subdivision as provided for by City Ordinance No. 17092. Said $ 22,615.60 is portion of the construction cost, including 10% Engineering, as shown by the cost supporting d uments attac . e ith. James Tracy, General P. JJAR Development, L.L. ' THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on by (Date) , a Texas Corporation, on behalf of said- corporation. CERTIFICATION Gi'v Not. Public in and for Nueces County, Te: The information submitted with this application has been reviewed and determined to be correct and a credit of $ 7 ,084 .00 is herewith approved. Development Services Engineer 7 /y //677 (Date) Exhibit E Off-Site Waterline Cost breakdown Exhibit 3 ITEM DESCRIPTION UNIT QUAN. UNIT TOTAL PRICE COST 8* PVC Waterline LF 399 $24.50 $9,776 2 Fire Hydrant Assembly EA 1 $2,412.00 $2,412.00 12"X8" Tapping Sleeve & Valve EA 1 $2,800.00 $2,800 4 Pavement Repair LF 19 $50.00 $950 Test and Disinfect LS 1 $2,000.00 $2,000 1 SubTotal $17,938.00 10% Contingency $1,793.80 10% Engineering fee $1,793.80 -'— Backfill Testing $ Topographic Survey $5090°.°00° Construction Staking $500.00 Total $22,615.60 Available Reimbursement (1/2 Cost) $11,307.80 Less Lot Acreage Fee Credit Unit 2 $7,084.00 Reimbursement Amount for Unit 2' $4,223.80 Exhibit F DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and JJAR Development, LLP, a Texas limited liability partnership , 4933 Ambassador Road, Corpus Christi. Texas 78416 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 9.063 acres called Legends of Diamante Unit 2 located east of Rodd Field Road and north of Slough Road, as shown in the attached Exhibit 1: WHEREAS, the platting of Legends of Diamante Unit 2 requires the construction of an 8-incli PVC distribution main in order to have water service; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications. WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the water distribution main extension as shown in the attached Exhibit 2; WHEREAS, under the Platting Ordinance, the Developer is eligible for partial reimbursement as noted in Section V.B.5. f) (2) Distribution Main Extensions for the cons *uction of the 8 -inch, off-site, PVC water distribution main extension; WHEREAS, it is essential that the water distribution main extension be constructed in connection with the development for service to be provided upon completion of the development: WHEREAS, it is in the interest of the City and the Developer for the 8 -inch distribution main to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as folows: 1 REQUIRED CONSTRUCTION The Developer shall construct the 8 -inch PVC water distribution main needed for Legends of Diamante Unit 2 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 1 of 6 Exhibit G 2 PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 8 -inch PVC distribution main, with the following basic design: (1) Install 399 linear feet of 8 -inch PVC Water Distribution Main. (2) Install 1 (one) Fire Hydrant Assembly. (3) Install 1 (one) 12 -inch x 8 -inch Tapping Sleeve and Valve. (4) Install 19 linear feet of Pavement Repair. (5) Conduct Pressure Test and Disinfect. b. The distribution main will be constructed beginning at the south property line of Legends of Diamante Unit 2 and extend south connecting to the existing 12 -inch water main on the south side of Slough Road. c. The plans and specifications must comply with City Standard Water Details and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 8 -inch PVC distribution main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 8 -inch distribution main. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a cor>ftract and complete the 8 -inch distribution main installation, in accordance with the approved plans and specifications, by June 30, 2008. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7, DEFAULT. The following events shall constitute default: 2 of 6 a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70t calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before June 30, 2008. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Govemment Code, Chapter 2253 and shall be in the form and substance as attached hereto. 10 NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of sucfr performance within 30 days from the date Developer receives notice of the cost of suctr performance. Notice required by the paragraph may be by United States Postal Service. First Class Mail, Certified. Return Receipt Requested, postage prepaid; by a 3 of 6 commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery . In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11 WARRANTY Developer shall fully warranty the workmanship of and function of the distribution main construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer, 12 REIMBURSEMENT a. The City will reimburse the Developer a portion of the construction cost of the 8- inch, off-site distribution main, as noted in the Platting Ordinance on Section V.B.5. f) (2), not to exceed $4,223.80. See Cost Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8 -inch distribution main by the professional engineer hired by the Developer 13, INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, afters, and employees from all suits, actions, or claims and from all liabi*y for any and all injuries or damages sustained by any person, including without lindtation worlrefrs compensation, personal injury or death, arising from or incident to this 8 -inch distribution main construction. 14. This agreement is a covenant running with the land, Legends of Diamante Unit 2, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement. the Disclosure of Ownership interests form attached hereto as Exhibit 4 16. EFFECTIVE. 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 4 of 6 EXECUTED IN DUPLICATE originals, this day of , 2007. ATTEST CITY OF CORPUS CHRISTI By: Armdo Chapa, City Secretary George K. Noe, City Manager APPROVED: _'' day of f` r' w_ , 2007 By. k A d ilk Gay W.£mith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This istrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Pub4c, State of Texas 5 of 6 DEVELOPER: ATTEST: JJAR Development, LLP By: mes Tracy, General Partner THE STATE OF TEXAS COUNTY OF NUECES This k strument was acknowledged before me on 01 James Tracy, General Partner, on behalf of JJAR De Iopment, LLP. No ary Public, State of Texas 6 of 6 , 2007, by CAYO DEL OSO LEGENDS OF DIAMANTE 1 3 *ORKTODID VD _ LEGEND — PROP. 8" WATERLINE PROP. 6 WATERUNE --- EXISTING CONTOURS + FIRE HYDRANT 1 2X8 TAPPING . Sy:EVE & VALVE GRAPHIC SCALE 0 EXHIBIT 2 7 Oas u- 0) 0) J 1 w T CP 1 1 41r [L. .• , , ..._ 4;1 . Y.( . v 500' 1000' w • - er PVC L yv "MOOPAilv 12" PVC engineering-dNing-surveying NO. DATE REVISIONS Fht, hIc En:pos.113-0h.* -51/ping 0 Elor 2927 Corpus eiViSti. Texas LEGENDS OF DIAMANTE UNIT 2 SCALE 1 "-250 Exhibit 2 WATER MASTER LAYOUT - EXHIBIT 2 Page 1 of 1 78403 820 9uffolo 51.. Cow ClIristi. Tem 78401 pho. 1 887.8651 few 361.887.8855 e-moil: rveOrve-inc.com Irmo.rve-inc.com Off -Site Waterline Cost breakdown Exhibit 3 ITEM DESCRIPTION 8$ PVC Waterline 2 We Hydrant Assembly 3 12"X8" Tapping Sleeve & Valve Pavement Repair Test and Disinfect UNIT QUAN. UNIT TOTAL PRICE COST LF 399 $24.50 $9,776 EA 1 $2,412.00 $2,412.00 EA 1 $2,800.00 $2,800 LF 19 $50.00 $950 LS 1 $2,000.00 $2,000 SubTotal $17,938.00 10% Contingency $1,793.80 10% Engineering fee $1,793.80 Backfill Testing $90.00 Topographic Survey $500.00 Construction Staking $500.00 Total $22,615.60 Available Reimbursement (1/2 Cost) ' $11,307.80 Less Lot Acreage Fee Credit Unit 2 $7,084.00 Reimbursement Amount for Unit 2 $4,223.80 I 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 JJAR Development, LLP STREET: 4933 Ambassador Rd. CITY: Corpus Christi ZIP: 78416 FIRM is 1. Corporation 2. Partnership X 3. Sole Owner _ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) N/A 2. StOe 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 N/6 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" confuting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee N/A 4. Statethe names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any manor related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N/A CERTIFICATE 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: James Tract/ (Type or Print Signature of Certifying Person: Title: General Partner '\/L—^ Date: 17//00 Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $4,223.80 FROM THE WATER DISTRIBUTION MAIN TRUST FUND NO. 540450 - 21806 -4030 TO PAY THE DEVELOPER REIMBURSEMENT REQUEST FOR INSTALLATION OF 399 LINEAR FEET OF 8 -INCH PVC WATER DISTRIBUTION MAIN TO DEVELOP LEGENDS OF DIAMANTE UNIT 2; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $4,223.80 is appropriated from the Water Distribution Main Trust Fund No. 540450- 21806 -4030 to pay JJAR Development, LLP, reimbursement request for the installation of 399 linear feet of 8 -inch PVC water distribution main beginning at the south property line of Legends of Diamante Unit 2 and extending south connecting to the existing 12 -inch water main on the south side of Slough Road. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 19th day of June, 2007. ATTtST: CITY OF CORPUS CHRISTI An-rondo Chapa City Secretary APPROVED as to form: June 13, 2007 Bv: G =` W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor \ LEG -D I R\ Shared \GaryS\agenda12007 \6- 1910rd- AppropJJarDev - LegendsofDiamante- water.doc Page 2of2 Corpus Christi. Texas Michel Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez McCutchon h : `LEG -D I R \Shared \GaryS \agenda\2007\6 -19\ Ord - AppropJJarDev - LegendsofDiamante- water.doc -.11111V- 12 AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager to execute the first amendment to the Infrastructure Development Agreement with C.C.T. Navigation- Cameron, LP, (Developer), substituting a deposit in the amount of $302,847.34 for a letter of credit and the construction of Bates Drive improvements for Navigation Pointe, Block 1. Lot 1, located south of Bates Drive and west of Navigation Blvd ISSUE: The first amendment to the Infrastructure Development Agreement requires the developer to pay the City $302,847.34 within 45 days of execution of the amendment to be used by the City to construct Beres Drive. Once the City receives these funds the Developer is relieved of any responsibility for constructing Bates Drive RECOMMENDATION: Staff recommends approval of the motion as presented. Debori A Marroquin, •,E. Interim Director of Development S ices Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Preliminary Plat navigation Pointe, Block 1, Lot 1 Bates Drive Improvements Cost Estimate First Amendment to Infrastructure Development Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Navigation Pointe, Block 1, Lot 1 (Exhibit B) required the developer to construct public improvements including the conssuction of Bates Drive and its associated water and drainage improvements (Exhibit C). In addition to the Bates Drive improvements, plat requirements included water and wastewater public improvements. Navigation Pointe, Block 1, Lot 1 is a multifamily development intended for occupancy by low income families and individuals.. The property qualifies for the low income housing tax credit provided under Section 42 of the Internal Revenue Code. The Developer, as part of the application for tax credits to the Texas Department of Housing and Community Affairs (TD-ICA), requested the City agree to waive certain fees required as a condition of platting Navigation Pointe. The Developer's application to TDHCA is viewed more favorably if there is participation by the City in the form of waiving certain fees, however, the Developer elected to pay necessary fees A Special Planning Commission Meeting held on August 15, 2005 approved a resolution granting a platting variance under Section VII. Variances, A., Hardships of the Platting Ordinance, waiving certain development fees, including related storm and water utilities, for the construction of a segment of of Bates Drive, a road required on the northern edge of the property. Additionally. the Planning Commission waived the requirement for the Developer to escrow funds in the amount of $151,423.67 to insure the future construction of the Bates Drive improvements In return for this consideration, the Developer agreed to fully construct Bates Drive including its associated water and storm water improvements. The value of the entire section of Bates Drive construction is estimated at $302,847.34 (Exhibit D). The First Amendment to the Infrastructure Development Agreement requires the Developer to pay to the City, within 45 days from the date of execution of the amendment, $302,847.34 to be used by the City to construct Bates Drive (Exhibit E). Once the City receives these funds the Developer is relieved of any responsibility for constructing Bates Drive. The Developer received funding for the Bates Drive improvements from the Department of Housing and Urban Development (HUD) and will pay the City $302,847.34 when the first amendment is approved by Council. Exhibit A Exhibit B Page 1 of 1 End Muni Hudson, P.E. By C.R.R. BATES DRIVE ADJACENT TO LOT 1, BLOCK 1 NAVIGATION POINT APARTMENTS Aug. 12, 2005 Job No. 27700.A5.01 TOTAL ESTIMATED IMPROVEMENT COSTS ENTIRE STREET CONSTRUCTION Urban Engineering 2725 Swaniner Corpus Christ, TX 78404 1 -361- 854 -3101 $302,847.34 ■ <iUAN. GI10%. + UNIT PRICE cost --- ,-r — T- :7- e : - 1 • (1/2 Cost ID be . . • � of 1.29 1.42 AC 81,400.00 $1 ;.00 2 5,157 5,673 CY 82.70 $15.17.10 3 ` : Prima Coat 3,775 4,153 SY $7.40 $30 1 4 • ` CuIk i. Base 3,775 4,153 SY $10.60 $44 .80 5 .. = 4,606 .v 5,080 SY 14.00 $20 .00 6 - • 1,876 084 LF $10.20 621, 80 7 ;' * :. .. ..-" 7,504 8,254 SF $3.20 $26,412.80 MIBATES DRIVE PAVING SUB-TOTAL 6159,100.70 - 15%: „M,.11 GRAND TOTAL: $183 770.81 - DEVELOPER ESCROW AMOUNT 50%: - $91, .41 B. STORM NIPROVEMENTS TO BATES DRIVE (112 Cost b be asaowed) 1 15' - 690 759 LF $23.00 817,457.00 �9. 010 $24 2 k4, * 345 380 LF $25.00 3 wait Proisclion 1,035 1,139 LF 12.20 1112011a;r,” 5 4 4 EA $1,430.00 $5,770.00 __. • 2 2 EA 12,040.00 14,080.00 6 .., 1 1 EA 11,500.00 $1,'00^00 BATES DRIVE STORM SUB-TOTAL: 140,762.80 Conteng ss 015%: GRAND AL: 16,114.42 146, DEVELOPER AMOUNT O 50%: $23,438.61 C. WATER :. ILL_ 1 Eirc, (�;.� 1,031 1,134 LF $17.50 $19,845.00 .. • Box 4 4 EA $714.00 $2,8$5.00 $8,475.00 Compisls In-place 3 3 EA 12,825.00~ 4 r • Valve 1 1 EA 8215.00 1215.00 13311.E 14,758.65 =36,019.65 - WATER SUB -TOTAL Canangendss 015% GRAND TOTAL 1 67 3'i, TOTAL ESTIMATED IrI*Ov fTs cows (DEVELOPER PORTION): TOTAL ESTIMATETAMVENENT COSTS (CITY PORTION): TOTAL ESTIMATED IMPROVEMENT COSTS ENTIRE STREET CONSTRUCTION Urban Engineering 2725 Swaniner Corpus Christ, TX 78404 1 -361- 854 -3101 $302,847.34 FIRST AMENDMENT TO INFRASTRUCTURE DEVELOPMENT AGREEMENT State of Texas County of Nueces Whereas, C.C. T, Navigation- Cameron, LP. a Texas limited partnership (the "Partnership "), and the City of Corpus Christi, Texas, a Texas home -rule municipality, tthe "City "), entered into an Infrastructure Development Agreement effective August 15, .7_005 i the "Agreement "): Whereas, the Agreement relates to the construction of a portion of Bates Drive related to the construction of a multifamily housing project to be known as Navigation Pointe (the "Property"): Whereas, the Agreement provided for the waiver of the escrow requirement related to the Bates Drive Improvements (as such term is defined in the Agreement and more particularly described in Exhibit B thereto) in substitution for an irrevocable sight draft letter of credit (the "Letter of Credit ") and the construction of the Bates Drive improvements: Whereas, the Partnership desires to avoid posting of the Letter of Credit and construction the Bates Drive Improvements and instead desires to pay to the City the agreed amount for the construction of the Bates Drive Improvements for the City to use for the construction of such improvements_ and Whereas, the term of the Agreement has been extended twice and is still in force and effective as of the date of this first amendment thereto (the "Amendment "). Novi. Therefore, the Partnership and the City agree to amend and do amend the following sections of the Agreement to read as follows (text underlined and struck through herein shall be inserted to and deleted from the text of the Agreement accordingly): 1. AGREEMENTS OF THE PARTNERSHIP. Subject to the terms and conditions set forth herein. the Partnership agrees as follows: (a) it will pay to City, within 45 days from the date of execution of this Amendment, the sum of $302.847.34 to be used by City to construct the Bates Drive lrnprovements pertaining to that portion of the Land ultimately platted to facilitate development of the Property. Such payment shall fully and completely satisfy any and all obligations the Partnership has to the City to pay for and /or in any way ensure the completion of the Bates Drive Improvements. requirements -apply , in accordance Portnefship specifically ag; t fully construct both its and City's portions of Bates Drive Exhibit E (h) Concurrently with the recording of the Plat, it will provide City with—a- Letter of Credit in an r -suer such estimated cost e. o0 .,,a er . 3, CONDI [IONS FO THE PARTNERSHIP'S OBLIGATIONS. The Partnership's obligation to sernp.lete pay for the Bates Drive improvements hereunder is subjeci to satisfaction ,,f the following conditions: (a) ''he Plat is approved and recorded, in form and content acceptable to the Partnership, prior to the Partnership's acquisition of the Land; (hi l'he Partnership acquires the Land; and ( 'he Partnership closes and funds a construction loan, the proceeds f which are to he used for the construction of the Property. 4. CONDITIONS IO CITY'S OBLIGATIONS. City's obligation to waive the platting requirement that fiords be escrowed to secure the construction of the Bates Drive improvements is subject to satisfaction of the following conditions: (.1) he Plat i s approved and recorded: and (b) t.'ity receives the sum of $302,847.34 from Partnership for the construction of the Bates Drive Improvements aeeepta o-C . 5. MISCELLANEOUS. is 1 his Agreement may be terminated if the Partnership and City sign a mutual consent to terminate this Agreement. Additionally, • acquire the Land by June 30, 2006. 1 pon termination of this Agreement. neither party shall have any ongoing obligations to the other with respect to performance under this Agreement, except that either party may he liable to the other for damages associated with a breach of this Agreement. A11 other terms, conditions. cox enants and obligations, not amended hereby, remain in toll force and effect. Any terms not defined in this Amendment shall have the meanings tiefined in the Agreement. 1= ffecti ve the day a f 2=)06. Attest Armando Chapa, City Secretar' Approved: May; i. 2v07 Mary Kay Fischer. City Attorney By: ( �. ' �J�TIttk . Gafy W. Smith Assistant City Attorney PARTNERSHIP: Signature Page The City of Corpus Christi, Texas, a Texas home -rule municipality By: George K. Noe, City Manager C .C.T. Navigation - Cameron, LP, a Texas limited partnership By: Merced - Navigation, LLC, a Texas limited liability company, its general partner By: Merced Housing Texas, Its sole member By: PYLVIvIel R. Name: Susan R. Sheeran 1 itle: President EXHIBIT B Eng: Muff Hudson, P.E. PRELIMINARY PLATTING COST ESTIMATE Aug. 12, 2005 By: C.R.R FOR Job No. 27700.A5.01 BATES DRIVE ADJACENT TO LOT 1, BLOCK 1 NAVIGATION POINT APARTMENTS tl �A DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 1escrowed): PACE COST = FOR TES DRIVE (1/2 Cost b be 1 C and ; • Right of Way ') 1.29 1.42 AC 11,400.00 11,988.00 2 • ,:� =: , • 5,157 5,873 CY 12.70 $15,317.10 3 Prime Coat 3,775 4,153 SY 57.40 530,732.20 4 • ... • Ca ache Base 3,775 4,153 SY 510.60 $44,021.80 5 •• • Subgrade 4,608 5,069 SY $4.00 520,276.00 6 Curb 1,876 2,084 LF 110.20 7 �' bbdewallc 7,504 8,254 SF 53.20 $26,4412.80 BATES DRIVE PAVING SUB - TOTAL: 5159,800.70 Contingendes (I 15%: $23,970.11 –_-+- GRAND TOTAL: 1183,770.81 DEVELOPER ESCROW AMOUNT ifi 50 %: 191,885.41 6. SEWI' IMPROVEMENTS TO BATES DRIVE (1/2 690 Cost to be escrowed): 759 LF 523.00 517,457.00 1 15' 2 18' ,, «- — 345 380 LF 125.00 19.500.00 3 • ' .` Trard Prctec4lon t,035 1,139 LF 52.20 52,505.80 4 5' ' last 4 4 EA 11,430.00 15,720.00 5 4' �_: Manhole 2 2 EA 52,040.00 $4,080.00 6 18' hors 1 1 EA $1,500.00 11,500.00 t BATES DRIVE STORM SEWER SUB - TOTAL: $40,762.80 Contemindes et 15%: $6,114.42 GRAND TOTAL: 146,877.22 - DEVELOPER AMOUNT Q 50%: $23,438.61 C. WA !MP NTS: 1 C (C 1,031 1,134 LF 117.50 119,845.00 2 8" &: ; - Valr# and Box �L 4 4 EA 5714.00 $2,856.00 3 • Assembly Complete In -place 3 3 EA 12,825.00 $215.00 $6,475.00 $215.00 4 8" •' • with T Woolf Valve 1 1 EA WATER SUB - TOTAL: $31,391.00 Contingencies Q15% $4,708.65 _ -- GRAND TOTAL: $36,099.65 - 1 TOTAL. EST*ATED IMPROVEMENTS COSTS (DEVELOPER PORTION): 1151,423.67 L 1 Urban Engineering 2725 Swindler Corpus Christi, TX 78404 1- 381- 854 -3101 1of1 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/19/07 AGENDA ITEM: Resolution approving the FY 2007/08 budget for the Corpus Christi Crime Control and Prevention District. ISSUE: Provisions of the Local Government Code section 363.204 require that the goveming body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. BACKGROUND INFORMATION: The voters on November 4, 1997 established the Crime Conol and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five yea's, and again on April 14, 2007 for ten years. This continues tree 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 18, 2007 and the Board adopted the budget on the same day. The City Council held a public hearing on June 12, 2007 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2007/08 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 12, 2007. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the budget. Bryan P. Smith Chief of Police Attashmetits: Adopted budget CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2007-2008 Proposed Budget CoRPUS CNiltrrt ‘11,0L p 0 40 wonfaiimo. DISTRICT City of Corpus Christi Crime Control & Prevention District PY- 2005/2006 Actual Year End Numbers FY- 2006/2007 Year End Estimates FY- 200712008 Proposed Budget CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 2007/2008 Page Program Org. No. No. 1 Financial Statement 2 Police Officer Costs 11711 3 Pawn Shop Detail 11713 4 MDT /AVL Technical Support 11714 5 Public Safety Vehicles & Equipment 11717 6 Election Costs 49001 7 Juvenile Assessment Center 49002 8 Citizens Advisory Councils 49008 9 Juvenile City Marshals 49010 10 Reserve for Comp/Merit Pay 80004 11 10 Year Revenue & Expenditure Projection Crime Control & Prevention uistricx FY-2008/2006 Actual Revenues & Expenditures FY-2006/2007 Year End Revenue & Expenditure Estimates FY-2007/2008 Proposed Budget - , Proposed Actuals Amended Estimated 2005-2006 2006-2007 2006-2007 2007-2008 Beginning Balance 2,126,317 2,371,903 2,371,903 2,088,931 Revenues -+ Sales Tax 4,524,820 4,623,143 4,691,418 4,855,618 interest on Investments 59,715 62,352 79,315 73,113 Juveni • ' Testin • - - 2,928 16,000 , 1,188 - Sale of cra ity Property 3,230 Miscellipeous 799 - - - Total Current Revenues 4,588,564 t 4,685,495 4,774,849 4,944,731 Totid Funds Available, 6,714,881 7,057,398 7,146,752 7,033,661 Expenditures Police Officer Costs 3,643,487 3,993,335 3,861,266 3,906,320 Pavrili hop Detail 100,036 169,751 169,849 173,280 MDT/ATL Technical Support 111,679 57,923 62,704 - Public Safety Veh. & Equip. 5,559 343,653 316,993 141,390 Election Cost; 120,000 120,000 Juverde Asonsment Center 323,060 361,782 353,223 374,273 Citizen. Advisory Council 10,105 20,000 19,969 11,374 Juvenie City Marshals 149,052 153,258 153,816 167,036 Reserve for Pay increases - - - 15,264 + Total Expendtures 4,342,978 5,219,702 5,057,821 4,788,936 Ending Balance 2,371,903 1,837,696 2,088,931 2,244,725 , Surplus / (Deficit)1 245,586 (534,208) (282,973) 155,794 1 j ---F CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICERS COSTS-11711 EXPENDITURE BUDGET Account Description Actuals 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 S ries and Wages 2,121,112 2,204,295 2,121,294 2,151 000 Overtime 193,828 211,004 215,056 221 507 • . er Pay 125,822 172,186 121,889 130,000 Retirement 522,460 559,932 538,702 556,307 GIoup insurance benefits 357,996 393,796 393,796 433,175 C thi . 24,595 28,000 37,112 46,000 Fuel & kabricants 88,869 90,000 98,944 108,838 Food and food supplies 224 1 150 150 150 1010r tools & equipment 229 1 111,600 113,811 4,000 Pallor computer equipment 0 2,500 0 0 • ce Supplies 1,130 500 1,200 1,200 Professional services 0 500 500 500 Valid. repairs 3 400 400 400 a. reimbursement 0 0 (61) 0 E ipment maintenance 0 1,000 1,000 1,000 kith insurance Exp.-P.O. 0 0 0 16,741 Sworn Empl - Dental 40,300 37,200 37,200 37,200 Self Insurance Allocation 166,920 180,274 180,274 198,301 TOTALS 3 643,487 3,993,335 3,861,266 3,906,320 FTES: 50 Police Officers E i , 7-50 Police Officers ' • 74008-50 Police Officers 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL-11713 EXPENDITURE BUDGET Account Description Actuals 2005/2006 Amended I Estimated 2006/2007 2006/2007 Proposed 2007/2008 Sa*mries and Wages Overtime Other Pay Retirement Grp insurance benefits Mister tools & equipment Mihor computer equipment Moor once equipment Olfice Supplies PrOfessional services Postage & express charges Prhting advertising & PR Printing outside print shops SIN insurance Allocation TOTALS FIES: 205/2006-4 ftes 2007-4 ftes 2007/208-4 ftes 78,248 722 650 17,117 0 0 2,698 0 0 600 0 102,010 102,375 1.100 116 500 1,063 22.421 22,690 17.600 17,600 500 500 4,000 3.885 2,000 2,000 2,000 2,000 1,500 1,500 250 250 250 250 500 500 0 15,120 15,120 100,036 169,751 169,849 101,020 1,100 1,200 22,968 19,360 500 4,000 2,000 2,000 1,500 250 250 500 16,632 173,280 3 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT MDTIAVL TECHNICAL SUPPORT-11714 EXPENDITURE BUDGET Account Description Actuals Amended 2005/2006 2006/2007 Estimated 2006/2007 Proposed 2007/2008 Salaries and Wages 77,039 37,261 Oviortime 5,617 5,217 Rdirement 17,532 9,192 Group Insurance benefits 4,804 2,642 Sf insurance Allocation 6,687 3,611 TOTALS 111,679 57,923 FIES: 2051206-2 ftes 6/2007-1 ftes 712008-0 ftes 39,432 7,062 9,956 2,642 3,611 62,704 0 0 0 4 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES-11717 EXPENDITURE BUDGET Account Descriptlon Actuals 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 — Vehicle repairs 2,263 Lease Computer Rental 2,472 0 0 0 Vehicles & Machinery Other Equipment 0 341,390 301,445 106,390 824 2,263 15,548 35,000 TOTALS 5,559 343,653 316,993 141,390 PY-2012/2003-7 replacement vehicles FY-2000/2007-radios & MDT/AVLS Y-2004/2005-5 replacement vehicles FY-2005/2006-5 replacement vehicles FY-2 aW2007-vehiclas reduced by board action of meeting on 03/17/2004. FY-2010/2007-funds a • • .. on 10/06 for , rchase of 5 • lacement vehicles ,:, FY-2007/2008-5 replacement vehicles -,-- --H 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT ELECTION COSTS-49001 EXPENDITURE BUDGET ---. Account Description ' Actuals 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 rofessional services 0 120,000 120,000 TOTALS 0 120,000 120,000 7 _ . 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER-49002 EXPENDITURE BUDGET Account Description Actuate 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 Sentries and Wages 189,440 204,740 192,583 196,363 Onetime 2,040 2,700 1,365 1,500 Otber Pay 400 0 27 500 R4r.m.flt 38,807 44,890 41,944 44,096 Grip insurance benefits 23,250 25,575 25,575 28,133 M r off* equipment 157 0 648 700 O.Silles 3,188 1,500 1,500 1,500 M tenons* & repairs 0 100 254 275 Menai services 264 400 400 16,400 P at computer repairs 0 = 0 94 100 Teittponey services 0 0 7,012 0 Paptage & express chagps_ 3,138 2,700 2,700 2,700 32,711 45,056 45,000 45,000 e reimbursement 1,776 2,600 2,600 2,600 fs T phone/telegraph service 3,693 4,000 4,000 4,000 dlnantaint & service 125 750 750 750 T nimpOeneral 646 500 500 1,000 tingadvertising & PR 809 750 750 750 P tiny outside print shops 260 150 150 150 T ivel 273 1,520 1,520 1,520 St* Insurance Allocation 22,084 23,851 23,851 26,236 TOTAL* 323,060 361,782 353,223 374,273 ____ _ FTES: _ , . .6 ftes - , O74.6ftes 12066-6.6 Res 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL-49008 EXPENDITURE BUDGET Account Description Actuals Amended 2005/2006 2006/2007 Estimated 2006/2007 Proposed 2007/2008 Miner tools & equipment 2,503 0 328 0 Minor computer equipment 2,003 2,000 1,988 2,000 Maintenance & repairs 0 4,000 2,000 4,000 Waessional services 3,105 0 800 0 Lenin Computer Rental 0 0 1,374 1,374 Priling advertising & PR 2,495 4,000 4,480 4,000 Vehicles & Machinery 0 10,000 9,000 0 TOTALS 10,105 20,000 19,969 11,374 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS-49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 200512006 200812007 2006/2007 2007/2008 Sliaries and Wages 1---- 111,080 Overtime 2,490 Offer Pay -1--- 300 Retirement _i_ 23,640 Giroup insurance benefits ' 3,183 SSIf insurance Allocation 8,359 TOTALS 149,052 112,193 3,500 0 25,036 3,501 9,028 153,258 110,943 4,572 27 25,745 3,501 9,028 153,816 118,882 6,000 500 27,872 3,851 9,930 167,036 PIES: 2.05/2006-3 ftes j06/2S07-3 ftes *0713008-3 ftes -4 9 • 10 — -4 i t CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE FOR COMP/MERIT PAY-80004 EXPENDITURE BUDGET Account Description Actuals 2005/2006 Amended 2006/2007 Estimated 2006/2007 Proposed 2007/2008 eserve Appropriation 0 0 0 15,264 TOTALS 0 0 0 15,264 % COLA increase for 2008 for civilian employees — , -1----- L 10 RESOLUTION APPROVING THE FY 2007 -2008 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. BE fl RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2007 -2008 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: , 2007. Joseph Hey Asstant City Attorney For City Atbomey Reso4 CC0.budget- 07.doc Henry Garrett Mayor Corpus Christi, Texas of 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr, Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol-CCD-budget-07.doc 2 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 19. 2007 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute the second amendment to the contract between the Corpus Christi Business and Job Development Corporation and Randy Farrar, d.b.a. Miramar Homes, for an Affordable Housing Program Agreement, to extend the term of the program agreement and amend the services to provide that the loan of funds may be forgiven. ISSUE: The following amendments are proposed by the Corpus Christi Business and Job Development Corporation for City Council approval: 1 To extend the term of the Agreement until May 19, 2008; and 2 To change the condition of the Agreement for homebuyer assistance from a "Non forgivable" second lien to a "Forgivable second lien. Eligible homeowner ( "Homeowner") shall receive a forgivable loan of $15,000 to $20,000 of the funds provided under this Program Agreement to buy -down the mortgage and closing costs of a home. The mortgage buy -down funds shall be repaid to Corporation upon sale or transfer of home. The loan shall be forgivable as follows: twenty percent (20%) of the loan is forgiven for each full year the home is occupied as the Homeowner's principal residence and homestead so that the entire loan is forgiven after five years." Mr, Farrar DBA Miramar Homes has experienced difficulty in selling homes with a non - forgivable second lien for home buyer assistance (down payment and closing costs). He attributes this difficulty to the fact that the home buyer is aware of other "home buyer assialrtance" programs that offer forgivable second liens and thus making his program assistance unattractive and unnecessary. Mr. Farrar notes that this amendment would allow more flexibility for the home buyer to customize their specific needs in the features and amenities of the home, such as larger bedrooms, and /or two car garage, and ADA accessibility requirements. BACKGROUND: Randy Farrar DBA Miramar Homes - $100,000 (2004 -2005 4A Funds) May 19, 2005 - Miramar Homes was awarded a loan of up to $100,000, effective May 19. 21J05, to buy -down the mortgage and closing costs for eligible homeowners purchasing a home constructed under the Agreement. The loan would bear no interest and would not be repaid until the home is resold and repaid to the Corpus Christi Business and Job Development Corporation. This loan would assist up to five (5) families to purchase new Miramar homes with each family receiving $15,000 to $20,000. AprW 10, 2007 - The term of this original agreement was extended to May 19, 2007 by City Council action on April 10 2007. June 4, 2007 - The Corpus Christi Business and Job Development Corporation approved request for 2"d Amendment to the Miramar Affordable Housing Program Agreement. REQUIRED COUNCIL ACTION: City Council approval is necessary to finalize the proposed amendments to the Affordable Housing Program contracts of the Corpus Christi Business and Job Development Corporation. CONCLUIWON AND RECOMMENDATION: City Council approval of the proposed amendments to the Affordable Housing Program contract as presented. Morales Haag, Di rhood Services De! ment Attachments: Miramar Contract Amendment Resolutions for Second Amendment Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE SECOND AMENDMENT TO THE CONTRACT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND RANDY FARRAR, DBA MIRAMAR HOMES, FOR AFFORDABLE HOUSING PROGRAM AGREEMENT, TO EXTEND THE TERM OF THE PROGRAM AGREEMENT AND AMEND THE SERVICES TO PROVIDE THAT THE LOAN OF FUNDS MAY BE FORGIVEN. WHEREAS, the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and Randy Farrar, DBA Miramar Homes, executed an agreement for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the Miramar proposal, a project suitable for the promotion and development of affordable housing project, for a term of twelve months from the date of the execution of the contract. WHEREAS, the parties to the agreement desire to execute this Second Amendment to revise the term provision of the agreement to extend the agreement for an additional twelve (12) months, amend the services to be provided by Miramar to provide for the forgiving of the loan amount upon occupation of the home as the principal residence for five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi, Texas, approves the First Amendment to the Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation and Randy Farrar, DBA Miramar Homes, to extend the term of the agreement for an additional twelve month period and amend the services to provide for the forgiving of the loan amount upon occupation of the home as the principal residence for five years. SECTION 2. The City Manager, or his Designee, is authorized to execute the First Amendment to the Affordable Housing Program Agreement with Randy Farrar, DBA Miramar Homes, a copy of which is attached as Exhibit "A ". ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor H LEG -DIR \Shared \GarySlagenda12007 \6 -191 Res- 2AmendAffordableHousingMiramarHomes .dos Page 2 of 3 APPROVED AS TO FORM. June 14, 2007 411.0_ ry Smith Assistant City Attorney For the City Attorney H \LEG-DIR\Shared\GarySlagenda12007\6-19\Res-2AmenciAffordableHousingMiramarHomes.doc Corpus Christi. Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Me Hummel) BNI Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Page3of3 Ht\ LEG -DIR \Shared \GaryS\agenda12007 \6 -19\ Res- 2AmendAffordableHousingMiramarHomes .doc SECOND AMENDMENT TO THE AFFORDABLE HOUSING PROGRAM AGREEMENT WITH RANDY FARRAR, DBA MIRAMAR HOMES This second amendment ( "Second Amendment ") to the Affordable Housing Program Agreement ( "Program Agreement ") is made by and between the Corpus Christi Business and Job Development Corporation ( "Corporation "), the City of Corpus Christi ( "City"), and Randy Farrar, dba Miramar Homes ( "Miramar "). WHEREAS, the Corporation, City and Miramar executed an agreement ( "Agreement ") for the purpose of utilizing 4A sales tax funds to accomplish the affordable housing project described in the Agreement and in the Miramar proposal; WHEREAS, the term of the Agreement was stated as twelve months from the date of execution of the contract and was amended to extend the term of the agreement to twenty -four months from the date of execution of the contract; WHEREAS, the parties to the Agreement desire to execute this Second Amendment to revise the term provisions of the Agreement to extend the term for and additional twelve months; WHEREAS, the original Agreement provided that the Corporation would retain a second mortgage lien on the property to secure the repayment of the loan funded by this Affordable Housing Program Agreement; WHIREAS, the parties desire to allow the loans funded by this Affordable Housing Program Agreement to be forgivable. NOW, THEREFORE, the parties to the Agreement agree to amend the Agreement as follows: Section 1. Section 3 of the Agreement entitled "Term" is amended to read as follows: "SECTION 3. Term. The term of this Program Agreement extends twenty -four thirty -six (2436) months from the date the last party executes this document. ( "Effective Date ")" Section 2. Section 5 of the Agreement entitled "Services to be Provided by Miramar" is amended to read as follows "SECTION 5. Services to be Provided by Miramar. H \ LEG- DIR\3fiared\ GaryS\ agenda12007\ 6- 1912ndAmendment- AffordableHousingMiramarHomes070530 .doc Page '1 of 11 Exhibit A * b. Eligible homeowner ( "Homeowner ") shall receive a forgivable loan of $15,000 to $20,000 of the funds provided under this Program Agreement to buy -down the mortgage and closing costs of a home described in this section. The mortgage buy -down funds shall be repaid to Corporation upon sale or transfer of home. Miramar shall require Homeowners who receive the buy -down funds provided under this Program Agreement to execute the Real Estate note and Deed of Trust attached as Exhibits A and B to secure repayment to Corporation of the buy -down funds. Miramar shall file the original executed documents in the official public records of Nueces County. After recording, Miramar must ensure that the original executed and filed documents are returned to the Corporation. The loan shall be forgivable as follows: twenty percent (20 %) of the loan is forgiven for each full year the home is occupied as the Homeowner's principal residence and homestead so that the entire loan is forgiven after five years.' Section 3. Section 6 of the Agreement entitled "Loan of Funds" is amended to read as fofiows: "SECTION 6. Loan of Funds d. Miramar shall secure for the Corporation the recapture of all loans provided to Homeowner under this Program Agreement by having each Homeowner execute a note secured by a deed of trust that represents a second mortgage lien on the property. Recapture shall occur upon the earlier of the following events, if not forgiven as provided in Section 5.b. above: i. Sale of home; ii. Homeowner no longer occupies the home as primary residence; or iii. Foreclosure of home." Section 4. By execution of this second Amendment, the parties agree to be bound by the amended term provision. All other provisions, obligations, and conditions of the Agreement not changed by this Second Amendment remain the same and in full force and effect. f: \t_EG -DIR\ Shared \GaryS\ agenda\ 200716- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 2 of 11 EXECUTED IN DUPLICATE, each of which is considered an original, on this the day of , 2007. CORPUS CHRISTI BUSWESS & JOB DEVELOPMENT CORPORATION Signgdure Title Printed name: Date: STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on , 2007, by as the (title) of the Corpus Christi Business and Job Development Corporation, a Texas nonprofit corporation, on behalf of the corporation. (seal) NOTARY PUBLIC, State of Texas ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager Date: Date: APPROVED AS TO FORM: Gary W. Smith Assistant City Attorney for the City Attorney H LEG -DIR \Shared \GaryS\agenda\2 00716 -1 9\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 3 of 11 RANDY FARRAR, dba Miramar Homes Signature Printed name: Date: Title STATE OF TEXAS § COUNTY OF NUECES § ACKNOWLEDGMENT KNOW ALL BY THESE PRESENTS: This Wstrument was acknowledged before me on , 2007, by Randy Farrar. NOTARY PUBLIC, State of Texas H: ;LEA -DIR \Shared \GaryS\agend a1 2007\ 6- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 4 of 11 EXHIBIT A REAL ESTATE NOTE Date Maker: Maker's Address: Payee: CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION c/o City of Corpus Christi, Economic Development Office, P. O. Box 9277, Corpus Christi, Nueces County, Texas, 78469 Principal Amount: Annual Interest Rate on unpaid principal from date of funding: Zero percent (0 %) Terms of payment. This Real Estate Note shall be due and payable upon the earliest of the following events, prior to forgiveness: Sale or transfer of the property described in this Note; Maker ceases to occupy the property as principal residence; or foreclosure of home. The term "principal residence" means a dwelling which, depending on all of the facts and circumstances, including the good faith intent of the occupant, is occupied primarily for residential purposes by the owner. This Real Estate Note shall be forgiven at the rate of twenty percent (20 %) on each anniversary of this Note, so that it is entirely forgiven on the fifth anniversary hereof, unless soorer due as set forth above. Security for Payment: Deed of Trust between Maker and Payee covering the following property: Maker promises to pay to the order of Payee at the place for payment and according to the terms of payment the principal amount plus interest at the rates stated above. On default in the payment of any part of the principal, when due, or failure to comply with any or the agreements and conditions in any and all instruments given to secure this note including, without limitation any default under the terms and provisions of the Real Estate Note, this Note shad at the option of the holder hereof, at once mature the whole of this note, without notice at H , LEG- DIR\Shared \GaryS\ agenda\ 20071 6- 19\ 2ndAmendment- AffordabfeHousingMiramarHomes070530 .doc Page 5 of 11 the election of Payee. Maker and each surety, endorser, and guarantor waive all demands for payment, presentations for payment, notices of intention to accelerate maturity, protests, and notices of protest. In the event this note is placed intc the hands of an attorney for collection, or if collected through Probate or Bankruptcy proceedings, then an additional ten percent (10 %) on the amount of principal and interest then owing hereon, shall be added to the same as reasonable and necessary attorney's fees in addition to court costs. Each Maker is responsible for the entire amount of this note. The makers and all endorsers, sureties and guarantors of this note hereby severally waive presentment for payment, notice of non - payment, notice of intent to accelerate, notice of acceleration, protest and diligence in bringing suit, against any party hereto, and consent that the time of payment of this note, or any part thereof, may be extended without notice. MAKERS H: \LEG-Dl R \Shared \G a ryS\agend ai2007\ 6- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 6 of 11 EXHIBIT B DEED OF TRUST Date Grantor Grantor's Mailing Address (including county): Corpus Christi, Nueces County, Texas 784 Trustee: Mary Kay Fischer. City Attorney. 1201 Leopard Street, Corpus Christi, Texas 78401 Beneficiary: Corpus Christi Business and Job Development Corporation Beneficiary's Mailing Address (including county): P.O. Box 9277 Corpus Christi, Nueces County, TX '8469 Note(s): That note of even date herewith executed by Maker payable to the order of Beneficiary and described as follows Date: Amount: Maker: Payee: Corpus Christi Business and Job Development Corporation Final Maturity Date: Due upon earliest of following events, unless sooner forgiven: (1) sale or transfer of property, or (2) Grantor(s) cease to occupy property as principal residence. Terms of Payment: As therein provided Property (including any improvements): Prior Lien(>s)(including recording information): For value received and to secure payment of the note, Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the property. If Grantor performs all the covenants and pays the note according to its terms. this deed of trust shall have no further effect, and Beneficiary shall release it at Grantor's expense. GRANTOR'S OBLIGATIONS Grantor agrees to: H \LEG -DIR\ Shared \GaryS\agenda\ 200716- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 7 of 11 keep the property in good repair and condition; pay all taxes and assessments on the property when due; preserve the lien's priority as it is established in this deed of trust; maintain, in a form acceptable to Beneficiary, an insurance policy that; a covers all improvements for their full insurable value as determined when the policy is issued and renewed, unless Beneficiary approves a small amount in writing.; contains an 80% coinsurance clause: provides fire and extended coverage, including windstorm coverage; d protects Beneficiary with a standard mortgage clause; provides flood insurance at any time the property is in a flood hazard area; and f contains such other coverage as Beneficiary may reasonably require; comply at all times with the requirements of the 80% coinsurance clause; 6. deliver the insurance policy to Beneficiary and deliver renewals to Beneficiary at least ten days before expiration; ? keep any buildings occupied as required by the insurance policy; and 8. if this is not a first lien, pay all prior lien notes that Grantor is personally liable to pay and abide by all prior lien instruments. 9. Principal residence requirement: Grantor agrees to occupy the property described herein as Grantor's principal residence. As used herein, "principal residence" means a home which, depending upon all of the facts and circumstances ( including the good faith of the occupant) is occupied primarily for residential purposes by Grantor. The term does not include a home used as an investment property or a recreational home or a home which is used primarily in a trade or business (as evidenced by the use of more than fifteen percent [l5 %] of the total floor space in a trade or business). Grantor agrees to submit annual recertification, in a form prescribed by Beneficiary, to the Beneficiary to evidence Grantor's occupancy in accordance with the provisions hereof. Grantor further agrees to notify Beneficiary immediately if at any time the property ceases to be used as Grantor's principal residence. 10 Due on Sale Requirement. If Grantor conveys or contracts to convey the property, or any interest therein, to a party or parties not appearing in this instrument without the written consent of Beneficiary, then Beneficiary, at its election exercised at any time after such event without notice to Grantor, may declare the entire indebtedness secured hereby at once due and payable. BENEFICIARY'S RIGHTS 1 Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and responsibilities of Trustee. 2 If the proceeds of the note are used to pay any debt secured by prior liens, Beneficiary is subrogated to all of the rights and liens of the holders of any debt so paid. 3 Beneficiary may apply any proceeds received under the insurance policy either to reduce the note or to repair or replace damaged or destroyed improvements covered by the policy. 4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations and be reimbursed by Grantor on demand at the place where the note is payable for any sums so paid, including attorney's fees, plus interest on those sums from the dates of payment at the rate stated in the note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this deed of trust. c If Grantor defaults on the note or fails to perform any of Grantor's obligations or if default occurs on a prior lien note or other instrument, Beneficiary may: a declare the unpaid principal balance and earned interest on the note immediately due; b request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give notice of the foreclosure sale as provided by the Texas Property Code as then amended; and c purchase the property at any foreclosure sale by offering the highest bid and then have the bid credited on the note. - \ LEG -DIR\ Shared\ GaryS\ agenda12007\ 6- 1912ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 8 of 11 6. if Grantor conveys or contracts to convey the property covered hereby, or any interest in the property covered hereby, including a leasehold interest, to a party or parties not appearing in this instrument without the written consent thereto of Beneficiary, then Beneficiary, at its election exercised any time after such event and without notice to Grantor, may declare the entire indebtedness secured hereby at once due and payable Trustee's Duties: If requested by Beneficiary to foreclose this lien, Trustee shall: either personally or by agent give notice of the foreclosure sale as required by the Texas Property Code as then amended. 2. sell and convey all or part of the property to the highest bidder for cash with a general warranty binding Grantor, subject to prior liens and to other exceptions to conveyance and warranty; and 3 from the proceeds of the sale, pay, in this order: expenses of foreclosure, including a commission to Trustee of 5% of the bid; l , to Beneficiary, the full amount of principle, interest, attorney's fees, and other charges due to unpaid:; any amounts required by law to be paid before payment to Grantor; and d. to Grantor, any balance. General Provisions 1 If any of the property is sold under this deed of trust; Grantor shall immediately surrender possession to the purchaser. If Grantor fails to do so, Grantor shall become a tenant at sufferance of the purchaser, subject to an action for forcible detainer. 2 Recitals in any Trustee's deed conveying the property will be presumed to be true. 3 Proceedings under this deed of trust, filing suit for foreclosure, or pursuing any other remedy will not constitute an election of remedies. 4 This lien shall remain superior to liens later created even if the time of payment of all or part of the note is extended or part of the property is released. If any portion of the note cannot be lawfully secured by this deed of trust, payments shall be applied first to discharge that portion 6 Grantor assigns to Beneficiary all sums payable to or received by Grantor from condemnation of all or part of the property, from private sate in lieu of condemnation, and from damages caused by public works or construction on or near the property. After deducting any expenses incurred, including attorney's fees, Beneficiary may release any remaining sums to Grantor or apply such sums to reduce the note. Beneficiary shall not be liable for failure to collect or to exercise diligence in collecting any such sums. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other income and receipts from the property. Leases are not assigned. Grantor warrants the validity and enforceability of the assignment. Grantor may as Beneficiary's licensee collect rent and other income and receipts as long as Grantor is not in default under the note or this deed of trust. Grantor will apply all rent and other income and receipts to payment of the note and performance of this deed of trust, but if the rent and other income and receipts exceed the amount due under the note and deed of trust, Grantor may retain the excess. If Grantor defaults in payment of the note or performance of this deed of trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may rent the property if it is vacant and collect all rent and other income and receipts. Beneficiary neither has nor assumes any obligations as lessor or landlord with respect to any occupant of the property. Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking possession of the property. Beneficiary shall apply all rent and other income and receipts collected under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and then to Grantor's obligations under the note and this deed f trust in the order determined by Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph does not waive any, of Beneficiary's other rights or remedies. If Grantor H. \i_ EG -DI R\ Shared \GaryS\agenda\. 2007\ 6- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530. doc Page 9 of 11 'becomes a oluntary or involuntary bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the appointment of a receiver under Texas law. 8 Interest on the debt secured by this deed of trust shall not exceed the maximum amount of nonusurious interest that may be contracted for, taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid, refunded. On an acceleration or required or permitted prepayment, any such excess shall be canceled automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in this and all other instruments concerning the debt. 9. In the event the property described herein is subject to prior liens in favor of third parties, any default under any prior lien instrument shall be a default hereunder. 10. When the context requires, singular nouns and pronouns include the plural. l The term note includes all sums secured by this deed of trust. 12 This deed of trust shall bind, ,nure to the benefit of, and be exercised by successors in interest of all parties. 1. The note secured hereby evidences funds advanced for a portion of the purchase price of the property' described above and is additionally secured by a vendor's lien on same. 4 Upon the sale, rent, or change of ownership of the herein described property for any reasons or by any means or upon the death of the Makers of the Real Estate Note(s) secured hereby, the entire principal and appropriate interest of the Real Estate Note(s) shall immediately become due and payable without notice or presentment of any kind including. without limitations, notice of intent to accelerate and notice of acceleration. The Executive Director of the Corpus Christi Business and Job Development Corporation may waive this requirement upon the written request of the Makers of the Real Estate Note(s) or their heirs, or successors and assigns. Should the property no longer become the primary residence or should there be a change ot use, the entire principal and appropriate interest shall immediately become due and payable without notice or presentment of any kind including, without limitations, notice of intent to accelerate and notice of acceleration Witness our hands this day ot _._ , 2007 A.D. Name: Name: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2007, by Notary Public, State of Texas H: \LEG DIR\ Shared\ GaryS\ agendat2007\ 6- 19\ 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 10 of 11 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of , 2007, by Notary Public, State of Texas AFTER RECORDING RETURN TO: Corgis Christi Business and Job Development Corporation cio City of Corpus Christi Economic Development Office P O. Box 9277 Corpus Christi, Texas 78469 H \LEG- DIR\Shared \GarySlagendM.200716-1 9r 2ndAmendment- AffordableHousingMiramarHomes070530 .doc Page 11 of 11 15 AGENDA MEMORANDUM June 19, 2007 SUBJECT: West General Aviation Apron Rehabilitation (Project No. 10009) and Drainage Phase V Improvements (Project 10010) AGENDA ITEM: a Resolution authorizing the City Manager or his designee to execute Amendment No. 3 to Federal Aviation Administration Grant No. 3-48- 0051 - 037 -2005 to extend the scope of the grant to include Runway 13/31 Rehabilitation — Phase II, Runway 17/35 Shoulders And Blast Pads, Airport Drainage Improvements — Phase IV, Terminal Apron, and West GA Apron at Corpus Christi International Airport. b Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3 -48- 0051 - 039 -2007 in an amount not to exceed $8,447,719 to Rehabilitate West GA Apron, Phase II, Rehabilitate Taxiway Systems, Phase I, and Rehabilitate Taxiway Lighting Systems, Phase 1; Improve Airport Drainage Area VI, Phase 1 at Corpus Christi International Airport, Corpus Christi, Texas. Ordinance appropriating $3.914,214 from the Federal Aviation Administration Grant No. 3-48- 0051 -39 -2007 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate West GA Apron, Phase II, Rehabilitate of Taxiway Systems, Phase I, Improve Airport Drainage Area VI, Phase 1 and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi international Airport, Corpus Christi, Texas ; changing FY2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $3.914,214; and Declaring an Emergency. d Ordinance appropriating and transferring $392,073 From 4611 Airport Capital Reserved Fund to and appropriating in 3020A Airport Capital Reserve Fund as 5% grant match to Rehabilitate West GA Apron Phase II, Rehabilitate Taxiway Systems Ph I, Rehabilitate Taxiway Lighting Systems Phase I and Improve Airport Drainage Area VI Ph I at CCIA, amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $392,073 and changing the 2007 Capital budget adopted by Ordinance No 026997 to increase appropriations by $392,073; and declaring an Emergency. e. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed $7,441,437 75 for the Corpus Christi International Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvements. f Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory services contract with Professional Services Industries, Inc (PSI) of Corpus Christi, Texas in an amount not to exceed $74,639.00 for the Corpus Christi International Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvements. \HOMEIKEVINSIGENI AIR restored120041mprnvements `westGAApronlAwdMemo.doc Page 1 of 4 Funding is coming from a variety of FAA Grants and Airport CIP Funds. The funding for the construction contract with Bay Ltd. is from: FAA Grant 37 $529,639.27 FAA Grant 38 $4,214,731.69 FAA Grant 39 $2,324,994.90 Aviation CIP Funds $372,071,89 Total $7,441,437.75 Funding sourced for the engineering materials testing and inspection contract with PSI is provided by the following sources: FAA Grant 38 $6,767.71 FAA Grant 39 $64,139.34 Aviation CIP Funds $3,731,95 Total $74,639.00 Council actions required to proceed with the project are as follows: a Adoption of an ordinance authorizing Amendment No. 3 of Grant 37 to revise the scope of the eligible projects to add the West General Aviation project as an authorized expenditure. b Approval of a Resolution to FAA formally accepting Grant 39. c Appropriation of the first year proceeds of the grant to make them available for expenditure. d Appropriate the 5% local funding match required by from Airport Capital Reserve Funds. e Authorize the execution of the construction contract for the West General Aviation Apron Rehabilitation Project and Drainage Phase V Improvement Project (the next phase of a multi - project storm water drainage facilities upgrade to accommodate a 25- year rainfall). f. Authorize award of an engineering materials testing and inspection contract is necessary to ensure the materials being incorporated into the project and work meets contract document requirements_ FUNDING: Funding is available from FAA Grants and Airport Capital Improvement Funds upon appropriation. RECOMMENDATION: Approval of the ordinances, motions and resolution as presented. tlin 1 k'Edudit• • Ronai�d F Massey I R. Escobar, P. E. // Acting Director of Aviation ADDION. SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 Previous Actions Exhibit B. Bid Tabulation Exhibit C Contract Summary rector of Engineering Services H -10 \KEVINS \GENWIR_restored\ 20041mprovements \WestGAApronlAwdMemo.doc Page 3 of 4 Exhibit D Budget Exhibit E. Location Map + \ HOMEi( EVINE\ GENW iR_ restored120041mprovements \WestGAApronlAwdMemo.doc Page 4 of 4 BACKGROUND INFORMATION ADDITIONAL INFORMATION: The proposed actions include construction contract award for the West General Aviation Ramp Improvements, Airfield Drainage, Phase 5 and award of a materials inspection laboratory testing contract. PRO,iCT DESCRIPTION: West General Aviation Ramp - The condition of the West General Aviation Ramp requires rehabilitation or the ramp will require closure at some time in the future. The project will result in installation of concrete ramp, flexible base, subgrade, milling existing asphalt pavement for incorporation into the pavement sub -base, removal of the existing sand /shell base material. The project will also provide taxiway repairs, taxiway lighting repairs, and other work items Airfield Drainage Phase 5 — The project will result in the excavation and grading of drainage improvements, installation of: • 1,772 I.f. of 4' x 2' box culverts; • 120 1.f. of 24" reinforced concrete pipe (RCP): • Headwalls; • Wtngwalls; • security grates; • rested structures; and • sin-face restoration consisting of seeding and sodding for erosion control. BID INFORMATION: The bid was structured as a base bid. The Base Bid consists of 49,500 square yards of new Portland cement concrete pavement, 11,235 CY of 12 -in. flexible base, 15,180 CY of embankment and lime- treated subgrade. Milling of 49,500 SY of existing asphalt pavement will be accomplished to incorporate the material into the pavement sub -base. Approximately, 7,900 CY of excavation for grading and drainage improvements will be included. Other drainage improvements were listed in the project description. Two bids were received, and publicly opened on Wednesday, May 2, 2007. The base bids received were $7,441,437.75 and $9,305,138.78. See Exhibit B. The low qualified bid was submitted by Berry Contractors LP dba as Bay Ltd. of Corpus Christi, Texas. MATERIALS TESTING CONTRACT: The project requires the award a material testing and inspection contract to an engineering testing laboratory to ensure the materials being incorporated into the project meet specifications. The proposed contract is with PSI of Corpus Christi, Texas. PSI prepared the geotechnical investigation, geotechnical report and provided pavement design considerations for the design engineer. They are the most familiar local firm with this project and FAA testing procedures and requirements. FAA is H: n.HOME \KEVINS\GEN ■AIR_ restored12004Improvements \WestGAApronWwdBkgExhA.doc Exhibit A Page 1 of 2 familiar with the local PSI office and is comfortable with their utilization on FAA funded projects. A contract summary is attached. See Exhibit C. FUNDING: The City has received an offer for FAA Grant # 3-48- 0051 - 039 -2007 in the amount of $8,447,719.00 for the Corpus Christi West General Aviation Ramp Improvements, and Airfield Drainage Improvements, Phase 5 project. This will be matched with Aviation CIP funds being appropriated as part of this agenda item. The grant is being received In sop phases Only the portion of the grant being currently received is being appropriated. Amendment of FAA Grant No. 3 -48- 0051 - 037 -2005 is necessary to allow its proceeds to be used for the West General Aviation Apron project. Proceeds from previously received Grant # 3 -48- 0051 - 037 -38 -2006 are also being used for the project. Funding as available from the FAA Grants and Airport CIP Funds upon appropriation and approval of the grant amendment. The project budget is attached. See Exhibit D. TIME OF COMPLETION: The contract provides for the work to be complete within 250 calendar days of notice to proceed. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. H:1HOMMKEVI NSGEWA1 R_ restored120041mprovements \WestGAApron\AwdBkgExhA.doc Exhibit A Page 2of2 PREVIOUS ACTIONS PRIOR COUNCIL ACTIONS: Aug it 29, 2006 — Motion authorizing the City Manager or his designee to execute and engineering Contract Amendment No. 5 with PGAL of Houston, Texas in the amount of $376,950 for the Corpus Christi International Airport West General Aviation Ramp Rehabilitation and Airfield Drainage Phase 5 projects to provide engineering design, surveying and construction services (M2006 -272). Sept+ rnber 19, 2006 -- Ordinance adopting the FY2006 -2007 Capital Budget and Capitol Improvement Planning Guide (Ord. #02699). PRIM ADMINISTRATIVE ACTIONS: December 19, 2005 — Administrative award of a geotechnical contract to PSI of Corpus Christi, Texas in the amount of $3,370.00 for the Corpus Christi International Airport West General Aviation Ramp Rehabilitation and Airfield Drainage Phase 5 projects. H' \HOfY \KEVINS \GEN\ AIR_ restored12004Improvements\ WestGAApron \AwdPriorActionsExhA -1.doc Exhibit A -1 Page 1 of 1 RUNWAY 17-35 NAPROVEMENTS, PHASE IV DRAINAGE CCIA APR(1N Ey, OF Bir's CORPUS CHRISTI INTERNATIONAL AIRPORT Project ' CCiAINEST GA APRON REHABILITATION DRAINAGE PHASE V IM , t. .■ EMENTS TIME OF COMPLETION: BASE BID - 365 Calendar Days C PROJ NO. £E. 0010 AP-125 ENGINEER'S ESTIMATE: BASE BID $7 013 001.00 L PROJ imumr: , . •.00 ABULATED -.1.1110"._ R. Lawrencs P.E. Se Associate-PGAL DATE PREPA MI Th Ma 10 2007 Berry Contractors LP DBA Kiewit Texas Construction, LP Bay Ltd. 13119 OM Denton Road PO Box 9908 Fort Wain, Texas 78177 Corpus Christi TX 78469 36-2994720 817437.7000 BID ITEM ; • = .A. PTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE 679.6-17076 5210.00 528.00 AMOUNT 64,200.00 52,340.00 1 IKet i 1f1E1-1' and Install Lighted Cones EA 20 580.00 6335.00 51,800.00 56,700.00 2 , _. • Fu i_. and Install Multi-Banier Barricades EA 20 hted Cones (Furnished Iv Airport) 4 EA 90 510.00 5900.00 i .7.0 In utti-Bamer Barricades (Furnished by Airport) EA 100 619.00 61 900 00 5110 00 000. 528.00 5465 000 00 52,600.00 6485 000.00 5 1 .40 (Phase V Drainage) 1 6 is LS 1 $110 000.00 on (West GA Apron) • Roads LS 1 6233,000.00 5233,000.00 5465,000.00 5485,000.00 5500,000.00 H . '"' ZEll Remove 18" CMP LS 1 69,800.00 59,800.00 5500,000.00 Culvert Re 21" CMP LF 426 610.00 510.00 54,260.00 56 890.00 57.00 522.00 62,982.00 $15 158.00 ,r , Culvert 0 ;• Remove 24" CMP LF 689 - Culvert LF 674 610.00 56 740 00 615.00 510.00 525.00 5150.00 515.00 52,250.00 525.00 550.00 529.00 510,110.00 511,820.00 56,400.00 55,550.00 51,20000 59,000.00 57,250.00 $1,500.00 $23 519.00 Redoes 29"x18" CMPA Culvei; LF 1 182 256 37 610.00 510.00 5250.00 525.00 5850.00 552.00 574.00 518.50 $11 820.00 52,560 00 59,250.00 62 000 00 $3,400 00 515,080.00 62,220.00 515 003.50 ; . ., - Remove 42" CMP Culvert t---- LF _ t--; .t. 3-700 Ciro ed nu and Abandon Culvert All Sizes and ` ypes; A CY 4 all Remove Chan Link Fence and Foundations LF 80 4 290 i_ 5 • . all Re • Concrete Headwall Strudure EA t 6 -I Remove Concrete Tiedown Pier + -i---- EA . ; , ; L. i-- t - Remove Pavement (Asphalt) (Access Road) (Appx 2") 1,5 SY 30 . - Remove Pavement (Asphalt) (Taidway) (Apex 9") (Dispose of Off-Site) -I; SY 811 3-70C Remove Reinforced Concrete Pavement (Drarage & Slope, '5 D 788 3 522.70 $430.00 52.40 617,887.60 51,290.00 5118,800.00 554.00 $685.00 510.00 512.00 518.00 525.00 520.00 620.00 542,552.00 52,055.00 $495,000.00 646,848.00 $521,460.00 $258,300.00 5134,500.00 5169,100.00 L. /DC Remove Wheel Pads (60(6') t I 2' 1 -101 Cold Planing Asphatt Apron (8' (Dispose of Of-Site) SY 49,500 2401 0018 Pining Asphalt Pavement (0-3") (Dispose of Off-Site) I 1- .401 3,904 28,970 54.00 514.75 511.50 521.00 57.00 524.00 $140.00 52.20 61,800.00 515,616.00 5427,307 50 5118,818 00 6141,225.00 559,185.00 54,800.00 $93,857 40 $109,252.00 521,600.00 : 2'5 Remove Base (Apron) (Appx 18"-24") (Dispose of Off-Ske ! Cy 24 2-150 Dreary Excavation CY 10,332 6,725 8,455 200 670.41 49,660 12 25 ' 5.1157T Emlaarkment in Place (Offsite Bonow) 26 t - P-152 Em ment in Place (Stockpiied Material) + 2-152 Laidassified Excavation (Apror Perimeter ;.__ 2 ..._.•„_- CY 5100.00 520,000.00 '26 - --155 Lime (8% by d eight) -I TON 5113.00 53.50 675,756.33 $173,810.00 __ --„, .455 ,..ime-Treated Subgrade (6' i + SY if. =456 'emporary Rock Fitter Darn EA 5600.00 57,200.00 '-156 Temporary Silt Fence 3' "t09 Onalhed Aggregate Base Cour--,e LF 4,857 55.60 585.00 527,199.20 5969,000.00 671,593.25 513 632.00 5213,345.00 53,554,100 00 532,908.80 53,936.00 52,688.30 53,268.30 510,560.00 532,376.00 5206,712.00 5120,960.00 629,904.00 519,20000 $24.000 00 $5.00 570.0D 5155 00 581.00 $24,285.00 6798,000.00 596,495.25 615,552.00 $182 655.00 63,044,25000 530,852.00 5960.00 618,540.00 61,690.50 68,000.00 + - .4 --; ; 1 Bituminous Surface Course CY 11,400 t TON 622 55 $115.00 571.00 64.31 $71.80 $3.20 520.50 52.90 52.90 5132.00 6142.00 6198.00 6216.00 5534.00 $4,800 00 $12,000.00 L 34 P 1 Aircraft Tie Down Anchor -I- EA 192 49,500 ; 35 ' 1 M ; - Bonus for P-501 Pavement (6%i 36 , 2- SY 53139 561.50 53.00 55.00 520.00 51.50 5100.00 , 1 Po ,.. • Cement Concrete Pavement (10 ) ;Inc 501nts & Sealant) • 4- SY 49,500 10,284 192 927 1,127 80 228 Bituminous Pnme Coat (02 Gal/SY) GAL - ; 3 Bituminous Tack Coat (0.1 Gal/SY) GAL 39 1 + 0 Apron at'icl Taxiway Painting (Black) (Non-Reflective[ Apron and Taxiway Painting (Yellow) (Reflective 5" WM, (HS-20) 24" RCP Culvert (HS-20 Rated; SF SF ,.F LF 2 0 1 44 , D- 4- 3-701 ' 43 6132.00 5340.00 6345.00 5550.00 $10,000 00 530,096.00 6354,960.00 6193,200.03 $30,800.00 $40,000 00 i D-701 5W - 4 x Z Precast Reinforced Concrete Box (ASTM C 1433) ;Aircraft Rated) LF 1,044 4, 4 x 3 Precast Reinforced Concrete Box ASTM C 1433 /Aircraft Ratedi LF 560 , 3.791 - t. 7 x 4' Precast Reinforced Concrete Box ASTM C 1433 ,HS-20 Rated LF 56 _75; , Reinforced Concrete Headwall 4pron and VVinowalls '4 " i '0" 3 - 4.x2' RCP Cuiverta (Culver r ; EP 4 i -752 i Reinforced Concrete Headwaii Apron and Vvni-walis 4 71, Safety End T ;velment for "x4 RCB Culvert ;Culvert j; EA 2 518,000.00 $36,000.00 Reinforced Concrete Headwall Apron and Wripwalls fri; 4'x2 RCB Cavan EA 6 53,000.00 518,000 00 69,000.00 554,000.00 1 49 ' -)-702 ,- 4. Reinforced Concrete Headwall, Apron and Wingwalls for 2;24" RCP Culvert EA 1 -4 _ EA - o SY 2 458 LF 80 AC 13.41 $3,800,00 $4,000.00 592.00 528.00 52,000.00 514,40000 58,000.00 6226 36.00 $2,240.00 $26,820.00 513,000.00 512,500.00 $52,000.00 525,000.00 ,-752 -4- Reinforced Concrete teeadwa, Apron and Wnowalis to 1 t3 RCB Cuiven D-14 Reinforced Concrete Slope Paving (5") 6200.00 $491 600.00 `)z ' - 2 f' 52 t - M Chain-Link Fence /6" rw/ Barb Wire) 530 00 52,400.00 1 Sealing 51 000.00 613,410.00 ; 54 ' Sodding 1 SY 11,243 $4 00 644,972.00 - -,f _ 104 Temporary Airfield Lighting/ SignarThavigationai Facilities LS 1 54.40 56,300.00 85.80000 $49,469.20 56,30000 55,800.00 548 500 00 53,40000 548,500.00 $3,400 00 i'• 106 ; Demolition And Proper Disposal Of All Equipment As Note+, And Turning Over Ai Designated Equipment ' To Maintenance Staff -I-- ; 108 i C 5" (19 MM) Dia By 10 00' 5', '1) Long Coope;clad Step: 'ziectionai Ground Rod 1 EA i 9 585 00 5765 00 673.00 5657 00 I; 58 -ige 1/C 86 AWG BSD or BHD or TW Bare Copper Counterpoise LF LF 1,680 00 9,920 51.30 $1.30 52,184.00 512,896.00 51.25 51.25 62,100.00 512,400.00 %lee tic 4-Type C Unshielded #8 AWG 5KG Copper Cable r---80 i .-150 142" eduie 40 PVC Concrete gncased Duct Installed In Open Field LF 1,250 521.00 826,25000 618.00 $22,500.00 I + 110 2W2" refute 40 PVC Concrete Encased Duct Installed In Open Field LF 50 645 00 62,250 00 555.00 52,750.00 110 40/4 Schedule 40 PVC Concrete Encased Duc instanee Under Existing _ laxiwy Connecting TO Two Existing Electrical Manholes ,11 150 597.00 514,550.00 683 00 $12.450.00 , . 125 L 858 Airfield Guidance Sign Druble Face -7 V5dule installed VVith a New Concrete Base 1 EA . $5,900 00 56,500.00 55,900.00 56,50000 $5,010 00 65,010.00 r ' A 125 t-- 4---- L -858 Airfield Guidance Sign 2". .4ble Face 4 /11-,Jule installed VVith New ._ ' . Concrete Base 55,60000 $5,600 00 125 L-858 Airfield Guidance Sign ', iigie Face ' lvt, Ole Installed On Existing f Base EA . 83,300 00 53.300.00 52,785 00 52,785.00 l i- 1 -858 Airfield Guidance Sign Sirigle'Face 1 Miditle 'nsialled With A New i Candele Base EA , 1 $3,300.00 53,300.00 $2,785.00 52,785.00 125 L-858 Airfield Guidance Sigr Sirgle Face 2 Ntichtle instaiied With A New C )ncrete Base EA , 4 53.900.00 515,600.00 83,360.00 513,440 00 t 4. Exhibit B Page 1 of 2 RUNWAY "47 -36 IMPROVEMENTS, PHASE Iv DRAINAGE CCIA APROrl CORPUS CHRISTI INTERNATIONAL AIRPORT tiE 125 L -850 Airfield Guidance Sign. Single Face . 3 Module, Installed On Existing Conga Base EA 1 $5,900.00 35,91)0.00 35,010.00 55,010.00 12F L- 858Akfield Guidance Sign. Single Face - 4 Module, Installed With New Conte Base EA 2 $6,500.00 513,00000 55,600.00 $11,200.00 -�. 125 L -861T Taxiway Edge Light (Elevated, Blue) Installed In Open Field On E_ w880G Base EA 11 5454.00 34,994.00 344500 54,895.00 125 L -861T Taxiway Edge Light (Elevated. Blue) Ins:ailed In Open Field With New EP 18 5846.00 515,228.00 3783.00 $14,094.00 125 L.-8670 Base Can Installed In Open Field - 16" Dia. 24" Deep Base Can With W' Galvanized Steel Blank Cover & Gasket Secured With Stainless Steel BMts Installed In New Runway Paved Shoulder With Concrete E _ t And All Incidentals „n and Level As Rewired EA 9 5971.00 58,739.00 $775.00 36,975.00 5 " ��,,,.• /111211.11M ;. s 76 TX " > ' OS ' Tench Safety System LF 1,671 54.30 57,185.30 510.00 518,710.00 : Base TY D GR 1 SY 30 579.00 52,370.00 5160.00 54,800.00 1.5" , C TY D TON 8 5240.00 53:80 51,960.80 5190.00 5210.00 55.00 51,715.70 5250.00 R - - = ad PVMT Marking__ SF 50 77 P ' • x Reinforcement SY 642 $6.80 54,365.60 512.00 57,704.00 78 P ;', 7. Grate for 4'x2' RCB EA LS 3 1 52,900.00 510,000.00 58,700.00 510,000.00 7,441,437.75 $5,300.00 510,000.00 515,900.00 310,000.00 9,305,138.78 SP :: 7 AHo'8 fln.B for Pre - Construction Exploratory Excavations Total Base Bid: Exhibit B Page 2 of 2 AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation. "CITY ", acting through its duly authorized City Manager or designee ( "City Engineer"), and Profession& Service Industries, Inc. (PSI) , a Texas corporation or partnership, "LAB" acting through its duly authorized representative who is (Name) _ (Title). which agree as follows 1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Corpus Christi International Airport West General aviation Apron and Airfield Drainage Phase 5 - Project No. 10009 & 10010 "PROJECT ". 2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A ", the Terms and Conditions to AGREEMENT attached as "Exhibit B. and agrees to indemnification and hold harmless provisions attached as "Exhibit C' 3. FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A ", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $ 74,639.00 tin figures) ( Seventy Four Thousand Six Hundred Thirty Nine and no /xx dollars (in words). 4. INDEMNIFICATION AND HOLD HARMLESS The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi and its agents, servants, and employees as more fully set forth In Exhibit "C" 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITK NS AT THE PROJECT SITE. "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows none "CITY' acknowledges and confirms that "LAB" is relying upon the above warranty in undertaking to perform the services described in this AGREEMENT. Exhibit C Page 1 of 5 MiWn Information .To Build On Ilioineerkg • Consuliktg • Proposal of Services rested For: City of Corpus Christi Department of Engineering Services P O. Box 9277 Corpus Christi, Texas 78469 -9277 Date Attn Kev =n Stowers Project: West General Aviation Apron Rehabilitation & Drainage Phase V Improvements for the Corpus Christi International Airport City Proj. #10009 & 10010 June 6, 2007 PSI Proposal No. 325 -70020 Professional Service Industries Inc. (PSI) is pleased to submit our updated unit rates for performing call -out materials testing and inspection on projects performed in the calendar year 2007 in the Corpus Christi area PSI proposes to provide experienced technical personnel to perform the necessary testing and inspection services in accordance with your request. It is also proposed to accomplish the work on a unit price basis in accordance with the attached Schedule of Services and Fees and that the work De performed pursuant to the PSI General Conditions. Copies of the PSI Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. PSI's fees wdl be determined by the actual amount of technical time expended and the amount of laboratory testing performed PSI will proceed with the work on the basis of verbal authorization: however, a signed copy of this proposal intact must be returned before any reports are issued. Respectfully Submitted PROFESSIONAL SERVICE INDUSTRIES. INC. Gary Duintanilla Branch Manager Preston Parker, P.E. District Manager OCIA (RALPH ZAPATA P.E For authorization to proceed with this project, please sign, date and return one (1) copy of this aroposal. AGREED TO THIS DAY OF , 2007. BY TITLE R'IRM Please indicate invoice address (f different from above) and report distribution: recessional Service Industries. Inc • 810 Soule Padre island Drive • Corpus Christi, TX 78416 • Phone 361/854 -4801 • Fax 361/854 -6049 Exhibit C Page 2 of 5 fur 20C- t. SOIL "TESTING City of Corpus Christi PSI Proposal Number 325 -70020 SCHEDULE OF SERVICES AND FEES 150 Hours Engineering Technician @ 33.00ihr. $ 4,950.1)0 50 Vehicle Charge (a; 30.00 /per trip 5 1,500.00 15 Moisture Density Relationships for embankments. lime stabilized subgrade and drainage fill :Tie 168.00/ea. $ 2,520.00 10 Moisture Density Relationships for Aggregate base course a 186.00/ea $ 1,860.00 25 Atterberg Limit Charge (a? 65.00/ea. $ 1,625.00 2 Los Angeles Abrasion test (a 170.00 /ea $ 340.00 20 Sieve Analysis (d 70.O0;ea. _ 5 1,400.00 200 Nuclear Density gauge per test (a.' 18.00 /ca 5 3,600 00 165 Thickness Test (a. 10.00 /ea $ 1,650.00 2 Soundness: Sodium Sulfate (a 100.00 /ea 5 200.00 15 Project Manager for Report Preparation & Review ,'a: 75.00/hr 5 1,125.00 3 Professional Engineer for Engineering Review (a■ 110.00 /hr. $ 330.00 Sub -Total 5 21,100.00 11.__GONCRETt•;TESTIN , 560 Hours Engineering Technician (u 33.00/hr. 5 18,480.00 120 Vehicle Charge a 30.00 /per trip 5 3,600.00 200 Concrete Compression Test Cylinders (i) 18.00 /ea, $ 3,600 00 160 Concrete Flexural Test Beams (d 35.00 /ea 5 5,600.00 80 Concrete Cores for Thickness 20.00/ea 5 1,600.00 20 Generator & Coring Rig Daily Rate 150.00 /day $ 3,000.00 46 Project ,Manager for Report Preparation & Review (a? 75.00 /hr. 5 3,450.00 10 Professional Engineer for Engineering Review !a? 110.00 /hr. $ I 100.00 Sub -Total $ 40,430.00 111. ASPHALT TESTING 48 Hours Engineering Technician a 33.00/hr. $ 1,584.00 8 Vehicle Charge* 30.00 /per trip. 5 240.00 3 Unit Weight of Aggregates (ASTM C29) Dry Rodded (a,` 60.00 /ea 5 180.00 2 Soundness: Sodium Sulfate (ASTM C -88) * 100.00 /ea. $ 200.00 2 Material Finer than #200 Sieve (ASTM C-117)* 45.00/ea 5 90.00 2 Specific Gravity & Absorption; Coarse Aggregate (ASTM 0127) (u.; 100.00 /ea. $ 200.00 2 Los Angeles Abrasion (.ASTM C131) a; 170.00 /ea 5 340.00 4 Sieve Analysis of Fine and Coarse Aggregates (ASTM C136) O 70.00 /ea. $ 280. {10 4 Moisture Content of Aggregates (ASTM C566) lad 20.00 /ea. $ 80.00 8 Marshall Bulk Specific Gravity (ASTM D1188)(0), 65.00 /set $ 520.00 4 Moisture Content of Asphalt (ASTM D140) . 20.00 /ea. $ 80.00 4 Theoretical Specific Gravity (ASTM D2041)* 75.00/ea 5 300.00 4 Extraction - Gradation: Bituminous Mixtures (ASTM D2172) (iii 165.00/ea $ 660.00 2 Sand Equivalent Value: Fine Aggregates (ASTM D2419)* 65.00/ea $ 130.00 4 Sets of Molded Specimens (it' 65.00 /set 5 260.00 4 Stability and Floss (AS TM D6927- Marshall) (a 75.00 /day 5 300.00 8 Mal Density- Cores Ca; 75.00/ea 5 600.0(1 8 Joint Density Cores (ii: '5.00 /ea $ 600.00 2 Coring Rig and Generator daily rate (a',, 150.00/day $ 30(1.00 20 Nuclear Density. Gauge per test (k, 18.00 /ea $ 360.00 3 Project Manager for Report Preparation & Review /e 75.00 /hr 5 225.00 Exhibit C Page 3 of 5 une 73 200-i City of Corpus Christi PSI Proposal Number 325-70020 3 Professional Engineer ur Engineering Revien (a 110.00ihr $ 330M0 Sub-1 otal . 7,859.00 IV MEETING & MISC. INSPECTION 30 Hours Project Manager ' 75.00/hr. 5 2,250.00 45 Vehicle Charge (i'f, 30.00/per trip. 5 1,350.00 15 Hours Professional Engineer (a). 110.00/hr 5 1,650.00 Sub-Total . 5 5,250.00 ESTI'VlATED PRO.JEC 1 TOTAL S 74,639.00 Exhibit C Page 4 of 5 City of Corpus Christi PSI Proposal Number 325 -70020 SCHEDULE OF SERVICES AND FEES PROFESSIONAL SERVICE INDUSTRIES, INC. CONSTRUCTION QUALITY CONTROL CORPUS CHRISTI, TEXAS Effective January 1, 2007 FIELD TESTING SERVICES Engineering Technician (minimum of 2 hours).. a) Concrete Placement Inspection (Casting Cylinders) P) Soils Placement Inspection (Density Testing) c) Asphalt Placement Inspection dt Soil Sample or Cylinder Pickup (minimum 1 hour) Use of nuclear density device durrng quality control of fill or base placement (compaction test) $ 33.00/hour $ 18.00 /test SPECIAL FIELD TESTING SERVICES Senior Engineering Technician (minimum of 3 hours) a) Drilled Pier Inspection $ 39.00/hour b) Pre Pour Inspection c) Pre -cast Plant Inspection a) Portland Cement of Asphaltic Concrete Batch Plant Inspection e) Visual Weld, Bolt, and Nelson Stud Inspection f; Fireproofing Inspection AWS Welding Inspections (min :> hours) $ 70.00 /hour Note Rates for services such as Roofing Inspection, Pile or Plate Load Testing, Waterproofing nspection, Windsor Probe Inspection. Structural Steel and Non Destructive Testing, Windstorm, and Forensic Investigations can be quoted upon request. ALTERNATIVE — FULL TIME QUALITY CONTROL in order to achieve a more comprehensive advantage to have an Engineering Technician and /or concrete placement. I n addition to the a Full Time Engineering Technician would be monitor lift thickness verify consistency of pertinent information at no additional charge. quality control of your project, it may be to your provide Full Time quality control of soil fill placement soils and concrete testing services described above, available to perform density tests as needed, closely fill quality, monitor concrete placement, and other Exhibit C Page 5 of 5 West General Aviation Apron and Airfield Drainage Phase 5 Preliminary Project Budget June 19, 2007 FUNS AVAILABLE: Aviation CIP FAA Grant Funds ...... $8,447,719.00 Airport Capital Reserve CIP Fund .. . $ 392,073.00 Total.. $8,839,792.00 FUNS REQUIRED: Construction Contract ... . . ..... $7,441,437.75 Project Contingency (10 5%) ... ., ....... $ 783,775.25 QA/QC Testing Contract.., $ 74,639.00 Engineering Design.... . $ 376,950.00 Geotechnical Investigation. $ 3,370.00 Construction Inspection .. . ..... $ 111,620.00 Survey (in A/E contract) $ -0- Engineering Project Liaison $ 20,000.00 Incidental Expenses (Printing, Advertising, etc.). ... $ 28,000.00 TOTAL $8,839,792.00 EXHIBIT "D" Page 1 of 1 H:\HONNEWEVINS\GEMAIRrestored‘2004Improvements\17-351AwdBudgetExhD.doc Mproject \councilexhibits\exh . 0009, :0G1 lEP ,24 San Potricio County NUECES BAY 0 VA' 490 8, AGNES PROJECT LOCATION 030 ^.1TERNATIONIL. DRIVE- DIRP .5, CHRIST: 7-1XAS RD LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY DESAR CHAVEZ BLVD. HWY 44 AGNES RD. CITYPRECTp4o. 10009,10010 SITE PLAN NOT TO SCALE N MD EXHIBIT WE CCM NEST GENERAL AVIATION APRON REVIAMTATION AND DRAINAGE PHASE V IMPROVEMENTS PROJECTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERICES PAGE: 1 of 1 DATE: 06-08-2007 =IF IMP OM %11110.4•001.0, A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48 -0051- 037 -2005 TO EXTEND THE SCOPE OF THE GRANT TO INCLUDE RUNWAY 13/31 REHABILITATION — PHASE 11, RUNWAY 17/35 SHOULDERS AND BLAST PADS, AIRPORT DRAINAGE IMPROVEMENTS — PHASE IV, TERMINAL APRON, AND WEST GA APRON AT CORPUS CHRISTI INTERNATIONAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute Amendment No 3 to Federal Aviation Administration Grant No. 3 -48- 0051 - 037 -2005 to extend the scope of the grant to include Runway 13/31 Rehabilitation — Phase II, Runway 17/35 Shoulders And Blast Pads, Airport Drainage Improvements — Phase IV, Terminal Apron, and West GA Apron at Corpus Christi International Airport ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: June 14, 2007 Wendy E. O' • en Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummel Bill Kelly Priscla G. Leal John E. Marez Nelda Martinez Michael McCutchon A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48- 0051 -039- 2007 IN AN AMOUNT NOT TO EXCEED $8,447,719 TO REHABILITATE WEST GA APRON, PHASE II, REHABILITATE TAXIWAY SYSTEMS, PHASE 1, IMPROVE AIRPORT DRAINAGE AREA VI, PHASE I, AND REHABILITATE TAXIWAY LIGHTING SYSTEMS, PHASE I AT CORPUS CHRISTI INTERNATIONAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept Federal Aviation Adrrunistration Grant No. 3 -48 -0051- 039 -2007 in an amount not to exceed $8,447,719 to Rehabilitate West GA Apron, Phase II, Rehabilitate Taxiway Systems, Phase 1, Improve Airport Drainage Area VI, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi International Airport. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi Assistant Secretary APPROVED AS TO FORM: June 14, 2007 Wendy E. Ogden Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel Bill Kelly Prisca G. Leal John E Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING $3,914,214 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48 -0051 -039 -2007 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO REHABILITATE WEST GA APRON, PHASE II, REHABILITATE TAXIWAY SYSTEMS, PHASE I, IMPROVE AIRPORT DRAINAGE, AREA VI, PHASE I, AND REHABILITATE TAXIWAY LIGHTING SYSTEMS, PHASE I AT CORPUS CHRISTI INTERNATIONAL AIRPORT; CHANGING FY 2006- 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO INCREASE APPROPRIATIONS BY $3,914,214; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An amount of $3,914,214 is appropriated from the Federal Aviation Administration Grant No. 3-48 -0051- 039 -2007 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate West GA Apron, Phase II, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage, Area VI, Phase I, and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi International Airport. SECTION 2. The FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 is changed to increase appropriations by $3,914,214. SECTION 3. 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 19th day of June, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AT TO FORM: June 14, 2007 Weedy E. S . en Asstant City Attorney For City Attorney Corpus Christi, Texas day of , 2007 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Coder Larry Elizondo, Sr, Mike Hummel Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING AND TRANSFERRING $392,073 FROM 4611 AIRPORT CAPITAL RESERVE FUND TO AND APPROPRIATING IN 3020A AIRPORT CAPITAL RESERVE FUND AS 5% GRANT MATCH TO REHABILITATE WEST GA APRON, PHASE 11, REHABILITATE TAXIWAY SYSTEMS, PHASE 1, IMPROVE AIRPORT DRAINAGE AREA VI, PHASE 1, AND REHABILITATE TAXIWAY LIGHTING SYSTEMS, PHASE 1 AT CORPUS CHRISTI INTERNATIONAL AIRPORT; CHANGING THE FY 2006 -2007 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 TO INCREASE APPROPRIATIONS BY $392,073; CHANGING THE 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO 026997 TO INCREASE APPROPRIATIONS BY $392,073; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An amount of $392,073 is appropriated and transferred from 4611 Airport Capital Reserve Fund to and appropriated in 3020A Airport Capital Reserve Fund as 5% grant match to Rehabilitate West GA Apron, Phase II, Rehabilitate Taxiway Systems, Phase 1, Improve Airport Drainage Area VI, Phase I, and Rehabilitate Taxiway Lighting Systems, Phase I at Corpus Christi International Airport. SECTION 2. The FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 is changed to increase appropriations by $392,073. SECTION 3. The FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 is changed to increase appropriations by $392,073. SECTION 4. 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 19th day of June, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AT TO FORM: June 14 2007 Wench/ E. ; «den Assistont City Attorney For Cty Attorney Corpus Christi., Texas day of 2007 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel Bill belly Priscilla G. Leal John E. Marez Nekki Martinez Micheel McCutchon 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 07 -08 Special Revenue, Internal and Debt Service Funds Overview. STA !lame Oscar Martinez Cinch O'Brien Constance Sanchez Eddie Houlihan F PRESENTER(S): Title/Position Department Assistant City Manager - Administrative Services Director of Financial Services Assistant Director of Financial Services Assistant Budget Director REWIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July 17th and July 24th respectively. Power Post Presentation Exhibits X 401d L j Eddie Houlihan Assistant Budget Director 0 0 0 ,T9 v--a cn Cr) O d4� c„, ZLA co co. ∎ co tzrk� co p, r„. z LT-+- 0,c) m c,„ Esf- rix)- O O (.5 • • • • I I I ' ra r ro ro . `t • r�" 'c. ". .-'O" .. "2 't < z ,: .... . . cn • • t • t C!) Z1 CA tr, '1 • C Q- ,. co O �- O N ' t� �' ro ro A o U A A co Cn A C' co v' ▪ r I • ▪ O O Z cr. 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S O N O a) C0 O (D One FTE moved from Crime Control and One FTE moved from the Office of Management & Budget aoueuid WOJ4 panow salJ omi SaU auiu 10 aseaaou! ue pey pund sin s3ld aseaaoui }aN — safiuegC CT 13 CI) 0 CD si) a 0 0 v N CD0) 0) 0) a v O 0 CDCD Cn0 a - Copy Sales are charges for use of City Hall copiers — Postage Sales are postage that individual departments use C v 0 C CD O w O =. c c ' CD CR CO 0 0 CD Cn CO U) CD N CD N 0 C/) 3. o o a) CD (D Cl) C) CO N CA N N CD O CD 00 O 0 0 ui c (n o CD 1 3 tu `2 N CD 3 og a. CO U) 0 _ v cn al < K c o :?, cn = CD 0 -v = v a 0 0 0 0 -0 co y saes a6e;sod saes 61.111u!Jd saes asnoyaJeM N - -� co N 00 co 4. o — w a) V N_ QO a) W W N 0 N CJ1 0 00 o 0. to CD 00 o= oa (, P saes Ado3 ❑ sales a6elsod • sales 6ugupd 0 sales asnoyaaeM • senus /ma Jofew punk salon • uo dnj ew peonpe VOL I- 01 %6I. WoJJ. /SJOTUGAU • Intentional draw down of Fund Balance in FY 08 suoi ;e30(IV w - Ni O o 01 CO W ■l CO C/1 CO 0 0 'V CA 1 co .. 0 (fl 0) N -+ O - A N O O (0 —1 03 O c 0. CD a 03 O c 00 co CD rF • A0 i r▪ : a) suoge3oIW • 0 I w W it W Iauu0s.J8d ■ a 0 J 0 O CD tel!de3 ao; Jajsuei j sons 6sW is yoind E 03 N C S� �s CD }uauaa6euew weld " • W - co 0) —a CO O C O. - 0 CO O --.I 0 CO CO C OD O 0) 0) 0 C+O W N CO A CO Cr.) N -NI 00 CO O 0 0 0 - CO O CO 1A. c7 -1. ❑ • 1 6uisey3and ❑ Maintenance Services Fund Major Revenues (D EA EA EA =C CO O73 Cr n' O CD CA CT § N O N O w Cn O 3 O Q 3 co iv sv CD CD C? tn Qcp a' CD FDI o Cn O c) CD Q) O) C r-r —I a) = a C) Q. V1 5- (A Q) CD CD I (n O 5 O a) CD ^* O -w O 3. _n ( c) E3 ...a _- it. _ (n GO spun] Jaw u CQ $235,000 anticipated for bulk fuel increases $250,000 in anticipated increase in parts purchases 0 = O CD ET -0 O CD y pU p1 O O = g 3 0 ! 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CD 0 C cn cn o' z 1 m CD 0 ' CD 71 cn aepua/Qo ;Ebt3PnB 17 AGENDA MEMORANDUM PUBLIC HEARING — ZONING City Council Action Date: June 19, 2007) Ca* No. X7-03, Scott El*ctric Company, Inc.: A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District on property described as Shoreline Park, Block 8, Lot 3, located on John St., approximately 45 feet west of N. Port Ave. Playing Commission & Staff Recommendation (May 2, 2007): Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit, for one (1) 3,000 gallon above ground fuel tank for the storage of unleaded gasoline subject to a site plan, and approval by the Fire Marshal and Zoning Board of Adjustment. Retested. Council Action: Approval of Planning Commission & Staff Recommendation. Summary: • Bequest: Applicant is requesting a change of zoning to an "I -3" Heavy Industrial District to locate one (l) above ground fuel tank for unleaded gasoline. Capacity of the tank is 3,000 gallons. This fuel tank will replace the existing legal nonconforming tank located across the street on Lot 7. • Zoning: The proposed above ground fuel tank is not an allowed use in the "I -2" Light Industrial District. The requested "I -3" District lists above ground fuel tank for the storage of flammable liquids as an allowed use. Such use is classified as an Objectionable Use that may be located within an `1 District after approval by the Zoning Board of Adjustment and the Fire Marshal. A Special Permit in lieu of an "I-3 Zoning District could accommodate an above ground fuel tank. • Fire Marshal: The Fire Marshal has reviewed the make and location of the tank on the proposed site and has found it to meet all fire code requirements. Attached is the site plan identifying the location of the storage tank and the specifications for the 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 by the Zoning Board of Adjustment as an objectionable use. • Existing Land Uses: lfie subject property including the overall site is currently developed as an electrical service business. Scott Electric owns several lots within this block of the subject property (Lot 3.) They own Lots 2. through 6 along John Street. They also own Lots 7, 8, 9, and 11 on Dempsey Street. Scott Electric has an interest in purchasing Lot 10 on Dempsey Street. (once available for sale), which is located immediately to the south of the subject lot (Lot 3) and has an existing residential structure. Loi 9 has a vacant residence and Lot 11 is a vacant lot (both lots under Scott Electric ownership.) Lots m and 8 along Dempsey Street are also owned and developed by Scott Electric. (See attached Scott Electric Ownership Map.) • Transportation: Access for the subject property is provided along John Street which connects to N. Port Avenue. John Street is classified as a local street and N. Port Avenue is classified as an arterial street in the Urban Transportation Plan. • Comprehensive Plan / Future Land Use: The Westside Area Development Plan Future Land Use Map recommends the area to retain its "1 -2" Light Industrial District classification. Agenda \lernorandum ( =ase No 0507 -03 ( Scott Electric ompan y Page 2 Noti$eation: Of the thirt■-five (3 i notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Debor . Marroquin, P.E. Interim Director of Development Services *fora- DM /FGM, /blp Attarmenits: I ) Zoning Report 2) Planning Commission Minutes (5/02/07) 3) Ordinance Project Manager PIM or SrCP /CP_ Planning Director 10 N- DfR`.SHARED.Beverl. 200` C \Mak 071 :r17 -0 a(iENDAMEMO doe CITY COUNCIL ZONING REPORT Case No. 0507-03 City Council Hearing Date: June 19. 2007 C 4. o d licant: Scott Electric Owner: Mike Hope Agent: Mike Riley Legal Description/Location: Shoreline Park, Block 8, Lot 3, located on John St., approximately 145 feet west of N. Port Ave. From: "I -2" Light Industrial District To: "1 -3" Heavy Industrial District Area: 0.1 43 5 acres Purpose of Request: To allow for an above ground fuel tank. a°a Area Development Plan: Westside and Future Land Use Plan recommend light industrial uses. Zoning Violations: None Map No.: 04604 Zoning Existing Land Use Light Industrial Future Land Use Light Industrial Site "1 -2" Light Industrial District North "R -1B" One - Family Dwelling District Low Density Residential Low Density Residential South "I -2" Light Industrial District Light Industrial Light Industrial East "I -2" Light Industrial District Light Industrial Light Industrial West '`R -1B" One- famili Dwelling District Low Density Residential Low Density Residential a°a Area Development Plan: Westside and Future Land Use Plan recommend light industrial uses. Zoning Violations: None Map No.: 04604 !or ing Report ase N 0507 -03 (Scott Elec ric Pai2e 2 Staffs Summary • Request: Applicant is requesting a change of zoning to an "I -3" Heavy Industrial District to locate one (' ) above ground fuel tank for unleaded gasoline. Capacity of the tank is 3,000 gallons. This fuel tank will replace the existing legal nonconforming tank located across the street on Lot 7 • Zoning: The proposed above ground fuel tank is not an allowed use in the "I -2" Light Industrial District. The requested 1 -3" District lists above ground fuel tank for the storage of flammable liquids as an allowed use. Such use is classified as an Objectionable Use that may be located w ithin an 1 -3" District after approval by the Zoning Board of Adjustment and the Fire Marsha;. A Special Permit in lieu of an `I -3" Zoning District could accommodate an above ground fuel tank. • Fire Marshal: The Fire Marshal has reviewed the make and location of the tank on the proposed site and has found it to meet all fire code requirements. Attached is the site plan identifying the location of the storage tank and the specifications for the storage tank. • If an H -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 by the Zoning Board of Adjustment as an objectionable use. • Existing Land Uses: The subject property including the overall site is currently developed as an electrical service business. Scott Electric owns several lots within this block of the subject property (Lot 3.) They own Lots 2. through 6 along John Street. They also own Lots 7. 8. 9. and I I on Dempsey Street. Scott Electric has an interest in purchasing Lot 10 on Dempsey Street. (once available for sale), which is located immediately to the south of the subject lot (I of 3) and has an existing residential structure. Lot 9 has a vacant residence and Lot '. I is a vacant lot (both lots under Scott Electric ownership.) Lots 7 and 8 along Dempsey Street are also owned and developed by Scott Electric. (See attached Scott Electric Ownership Map.) Transportation: Access for the subject property is provided along John Street which connects to N. Port Avenue. John Street is classified as a local street and N. Port Avenue is classified as an arterial street in the Urban Transportation Plan. Comprehensive Plan / Future Land Use: The Westside Area Development Plan Future Land Use Map recommends the area to retain its "I -2" Light Industrial District classification. Street North Port avenue John Street Type A -2 Arterial Local Residential Paved Section 00 feet of ROW (existing 50 feet back to back pavement width) 50 feet of ROW (existing 28 feet back to back pavement width) Volume (2001) 5,050 A.D.T. at IH-37 NA 7on;ng Report Case No 0507 -03 (Scott Electric) Page 3 The subject property is planed. Department Comments Above ground fuel tanks require an ``I -3" Heavy Industrial District and further approval by the Zoning Board of Adjustment as an objectionable use. A Special Permit, in lieu of the "I -3 Heavy Industrial District, on the pad site per the site plan and metes and bounds description would accommodate the accessory use of a storage tank as requested by the applicant without unnecessarily creating opportunities for other incompatible heavy industrial uses. The applicant notified staff that that a pre- submission meeting with the Fire Marshal occurred to identify an acceptable location for the proposed tank. .Q Denial of an "I -3` Heavy Industrial District, and in lieu of, approval of a Special Permit, for one i 1) 3.000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval of the F ire Marshal and Zoning Board of Adjustment. ek ,o C Git C • E • E o w Recommendation Denial of an -1 -3' Heavy Industrial District, and in lieu of, approval of a Special Permit, for one t 1) 3.000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval of the Fire Marshal and Zoning Board of Adjustment. Comments Number of Notice Mailed - 35 Favor - 0 Opposition - 0 As of June 13, 2007) Attachments: Zoning Map Scott Electric Ownership Map Fire Marshal' s Approved Site Plan Fuel Tank Specifications Ownership Map Ownership List Comments Received from the Public CASE # 0507-03 ZONING Apartment House District ct. A Apartment Hesse District A-2 Apartment He District A8 Professional Office Distnct Apartment -Twist District 3-1 Neighborhood-Business District 8-11A Nelghborhoodiuslness District 3-2 Bayfront Business District 3-2A Barrier Island Business Distnct 8-3 Business District 3-a 3eneral Business District B- Pnmary Business District 8-F Primary Business Core District 8L Jorous Christi leach Design Dist • arm Rura! Dmtric• - - iistoncar.0 Mural _anctnark 'reser:atio Prepared By sari D. i/Dens SOl.0 Gay o! Crrpu, CNOw F/a ,m u rrrya Snnce, - W.N- oia`SNAPEJIGIS # aOescays.GNPrd CASE 0507-03.n. Limited ndustnal Distnc Light Lndustnal District Heavy ndustnal District PJL Plannec Jrat Developmem >, One Family Dwelling Disinct P 18 One F amity Dwelling District 10 One Family Dwelling District P -2 Multiple Dwelling Distract RA One Family Dwelling Distnct P3 Residential Estate Distnc: Townhouse Dwelling Diss?c, SP Special -'ennit T -L Trave! ailer Parr Dismc ' ?P. Manufactured Home Pan District Manufac-ired Hone Suctitt.sior Distrc ISUBJECT PARCEL _ JOHN STREET 15.00 550433.521 50.00' VOX'S' LONG RI EL TANK 10122' REVFORD (C, CONCRETE PAO LOT 3 6,-14-07 Pcss:041Kre mov-soait _OT N5,44 /--) LOT 4 nT ,9 "pew Saes & Engisetring 3054 So. Akinodollt. C4rPolo • Tx. 70404 (3A21)820.2-- "Pr) STE PLAN FUEL TANK INSTALLATION LOT 3, BLOCK 8 SHORELINE PARK AOOMON SCOTT ELECTRIC—OMER .five mewsw -2)e St Jab No: 08073 &aft 1■211 Daft 2-27-07 Drawl(' No: 0607313 Retards: 10 Sheet 2 of 2 HOME PRODUCTS ABOVEGROUND HORIZON`T'.AL & VE.RTIC. AL * STAIN L ESS STE f ; FLAMESHIELD'" FIRE(LARD''` * SPECIALTY COATINGS * ACCESSORIES iSME Pressure Tanks OIL/WATER SEPARATORS S1'E- 113 't' FIELD SERVICES SPECIALTY WE:zi)l4zE.;NTS LOAD CELLS Field Services, Repairs & Testin furnace Fans, Baskets, Mesh Products, Radian Tubes, Retort/Hood, Muffles. etc. Ductik Iron Casting PLAN -I + APARILITY COMP k \j. PROFILE =- FIREGUARD® Page 1 of 3 Oo.7'03 FIX( 1a *-- Phony: (262 52.4 -3130 Fax: (262) 534 -4748 e-mail: sales*ipstanls.com 2 Hour Fire -rated Fireguard ®: Lightweight double wall steel aboveground storage tank For aboveground fuel storage, concrete tanks are good... and heavy! They're also expensive to transport and install and almost impossible to move once they're in place. Fireguard® offers the safety of UL 2085 steel secondary containment...plus lightweight convenience. Fireguard® features a super lightweight insulation within the interstice, reducing total tank weight by more than half- -so it can be easily relocated! The porous insulation material allows migration of any liquid through the interstice to the monitoring point. Unlike plastic liners, the steel double wall design provides 110% UL.- listed secondary containment. And Fireguard® comes delivered as a complete unit - -with Steel Tank Institute Quality Assurance built in. Isn't this the kind of performance you're looking for? UL 14r steel oaten milt tot s coatala■rlat w tW�►t tkaraed Iiasslauba lac a x+cxssu.a UL 14= steel 8aaer pdataxy tans FIREGUARDTM SPECIFICATIONS CYLINDRICAL DESIGN SAMPLE INNER TANK DIMENSIONS GALLONS LENGTH DIAMETER (inches) SAMPLE OUTER TANKS DIMENSIONS LENGTH DIAMETER (inches) INNER & OUTER STEEL WALL THICKNESSES (inches) (min.) APPROX. WEIGHT (Ibs.) 560 72 48 84 60 0.123 3,600 1,000 72 64 84 76 0.123 5,000 2,000 144 64 156 76 0.167 9,100 4,000 168 84 180 96 0.240 16,500 5,000 162 96 174 108 0.240 18,600 8,000 252 96 264 108 0.240 26,200 10,000 324 96 336 108 0.240 32,300 12,000 I 384 96 3% 108 0.240 37,400 RECTANGULAR DESIGN IINNER & I -ittp '7',ww.Ipstanks.comifguard.htm 5/2/2007 e %Ns, csc - 3 loo 200 far At MT CASE # 0507 -03 OWNERSHIP E2Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition antyamil By SAE AnAbnp Dab 6/p 55 55 pl •B Sow.. 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Total number mailed: Thirty -five (35) Returned undeliverable: One (1) I. Notices returned from within the 200 -foot notification area: Favor 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: O Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 [?-yPLN- DIR\SHARED \Beverlyv2007 PC ',PUBLIC COMMENTS10507- 03 .doc I. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - May 2, 2007 5:30 P.M. COMMISSIONERS PRESENT R. Bryan Stone, Chairman Rudy Garza. Vice Chairman Fred Braselton E.von J. Kelp Johnny R. Martine; Michael Pusley John C. Tamez COMMISSIONERS ABSENT: Atilann J Huerta STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services /Planning Johnny Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Mic Raasch, AICP, City Planner Dan McGinn, Project Manager Chip Baish, Project Manager Gary Smith, Assistant City Attorney Wendy Ogden, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Lilly Muniz- Rivera, Recording Secretary CALL TO ORDER - 5 :30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. ZONING Case No 0507-03 Scott Electric C o.. Inc. - Industrial District to an ' Shoreline Park, Block 8. 145 feet west of N. Port A change of zoning from an "I -2" Light 1 -3" Heavy Industrial District Lot 3, located on John St., approximately Ave. Dan McGinn presented a Power Point presentation for the above case stating the applicant is requesting a change of zoning from an "I -2" Light Industrial District to an I -3" Heavy Industrial District to locate one above ground 3,000 gallon fuel tank for unleaded gasoline to fuel their fleet. The subject property is currently developed as an electrical service business and access for the property is provided along Port Avenue and John Street. Mr. McGinn stated that the requested 1-3" District lists above ground fuel tanks for the storage of flammable liquids as an allowed use, however, such use is classified as an Objectionable Use that may be located within an '1-3' District only after approval by the Zoning Board of Adjustment and the Fire Marshall. Mr. McGinn stated that the Westside Area Development Plan Future Land Use Map recommends the area retain its ` l -2" I ight Industrial District classification and that a Special Ptannoig C:ornnii‘;:on M n .s Mai 2 2007 Page: Permit, in lieu of the "1 -3" Heavy Industrial District would accommodate the accessory use of a storage tank as requested by the applicant without unnecessarily creating opportunities for other incompatible heavy industrial uses. Mr. McGinn noted that the Fire Marshal has reviewed the make and location of the tank on site and has found it to meet all fire code requirements. Staff recommends denial of an "I -3" Heavy Industrial District, and in lieu of, approval of a Special Permit, for one (I) 1000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval of the Fire Marshal and Zoning Board of Adjustment Public hearing was opened. No one was present in favor or in opposition. Public hearing was closed. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Huerta being absent. h_101 'y- DIR\SHARED`Beverly2037 CC`Ma■ (7\0507 -03 Minutes doe Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SCOTT ELECTRIC COMPANY, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF SHORELINE PARK, BLOCK 8, LOT 3, (CURRENTLY ZONED "1 -2" LIGHT INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT FOR ONE (1) 3,000 GALLON ABOVE GROUND FUEL STORAGE TANK PER THE METES AND BOUNDS DESCRIPTION; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Scott Electric Company, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, June 19, 2007, 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 a portion of Shoreline Park, Block 8, Lot 3, located on Jcn Street, approximately 145 feet west of N, Port Avenue, (currently zoned "1 -2" Light Industrial District) by granting a Special Permit for an above ground fuel storage tank per the metes and bounds description. (Zoning Map 060049) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and approval of the Fire Marshall and Zoning Board of Adjustment. 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. H: \LEG -DIR \Shared \Garys\agenda1 2007\ 6- 19\O rd- zoning050703ScottElectric- SP.doc Page 2 of 3 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, rematn 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 8. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 1 9th day of June, 2007. ATTEST. CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 14. 2007 445414,114‘... Gatti. tir'nith Assiant City Attorney For City Attorney Henry Garrett Mayor H: \LEG -DI R\Shered \GaryS \agenda\2007\6 -19 \Ord- zoning050703ScottElectric- SP.doc Page 3 of 3 Corpus Christi, Texas day of 200 7 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E Marez Nelda Martinez Michael McCutchon H:1LEG-0I R \Shared \GaryS\agenda\200 716 -1 91 Ord- zoning050703ScottElectric- SP.doc MURRAY BASS, IR., P.E., RP.L.S. NIXON M. WELSH, P.E,R.P.L.S .,u54 S. ALAMEDA, ZIP 78404 PH. 361 882 -5521 FAx 361 882 -1265 BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466 -6397 FIELD NOTE DESCRIPTION Fuel Tank Site March 1, 2007 Being a Spa sik jMsd in Corpus Christi, Nueoes County, Texas on Lot 3, Hoick 8, Shore Line Park Addison as shown on the SwWf recorded lo Valwne 3 at Page 20 of the Map Records of Nueces County, Texas and being more described by metes and bounds as follows; COMISEICING at a 5/8 inch iron rod found for the northwest corner of Lot 3; THENCE S 59° 53' 52" E along the north line of Lot 3 and the south right - of-way line of John Street a distance of 15.00 fed to a point; THENCES 30" 82' 51' W a distance of 20.00 feet to a point for the POINT OF BEGINNING and northwest corner of this tract; THENCE continuing S 300 02' 51" W a distance of 22.0 feet to a point for the southwest comer of this tract; THENCE S 59° 57 09" E a distance of 10.00 feet to a point for the =Ahead corner of this tract; THENCE N 30° (' 51' E a distance of 22.0 feet to a point for the northeast corner of this tract; THENCEN 59° or 09" W a distance of 10.0 feet to the POINT OF BEGINNING forming a tract embracing 220 square feet. 06073 ffetdNot, Dwc.doc DT _OT I 1 6r0X19' LONG FUEL TANK 10122' RBNFORCED • OONCRETE PAD LOT 3 LOT 1 0 N56'442218 48. LOT 4 LOT 9 Boss ft 3054 So. Corpus (381) (381) SITE PLAN FUEL TANK INSTALLATION LOT 3, BLOCK 8 SHORELINE PARK AMMON SCOTT ELECTRIC—OWNER Job Na 08073 Scc1 1■201 Data 2-27-07 &soft No 080738 Plobscola 1-1 Shoot 2 of 2 6907--0 • 18 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City ( cuncil Action Date: 06/19/07) Case;No. 03Q7 -01, (Proposed Wel -Mart Development) /Johnson and Pace Incorporated: A change of zoning from a "R-1B" One Family Dwelling District to a "B -4" General Business District on property described as 33.6 acres out of Lots 17, 18, 19 and 20, Section I I, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South 'taples Street and Timbergate Drive Plana Commission & Staff Recommendation (03/07/07): Based on the preliminary information received at the Planning Commission level, approval of the "B -4" General Business District. Requested Council Action: Based on the preliminary information received at the Planning Commission level, approval of the "B -4" General Business District. Summitry: • Request: The applicant is requesting a change of zoning on 33.6 acres from "R -1B" One- family Dwelling Distnct to "B -4" General Business District to allow for commercial retail development. The applicant is proposing the development of a 6 -lot shopping center with a Wal -Mart Supercenter as its anchor. The subject property is located on the southeast corner of South Staples Street and Timbergate Drive intersection. Primary frontage will be along South Staples Street. The subject property is proposed to be subdn ided into six lots for general retail business on the 33.6 acre tract or 1,200' by 1.200' area. The largest lot is approximately 24 acres and will be occupied by a Wal -Mart Supercenter. • The proposed Wal -Mart Supercenter will consist of a grocery center, a general retail center, a garden center, and an automotive center w thin a single -story 184,109 square -foot building. The proposed hours of operation for the store are 24 hours a day, seven days a week. Parking proposed by Wal -Mart will be based upon a ratio of five parking spaces per 1,000 square feet of building area or 925 spaces which exceed the City's requirement of one (1) space per 220 square feet for shopping centers at 837 spaces. A solid screen sound barrier is proposed for the rear property line that is adjacent to a vacant residentially zoned property. A pylon sign for the Wal -Mart Supercenter will be located beside the north drive onto South Staples Street and is requiring a minimum 20 foot setback from the property line. The total combined area of the proposed sign will be 140.5 square feet with a height of 30 feet. (See attachment 2 and 3) • The proposed Wal -Mart Supercenter is tilanntng for an October 2008 opening and will employ approximately 400 people. • Existing Land Uses: Located north o;, the subject property is a newly developed strip retail center that was rezoned to "B -4" General Business District in May of 2004. To the south are vacant uses zoned "B -1 " Neighborhood Business District and "A-1" Apartment House District. To the east is vacant land zoned "R- IB" One- family Dwelling District. To the west is a church, low density residential uses, zoned "R -1B" One - family Dwelling District; and a commercial mini storage use zoned "B -1 " Neighborhood Business District with a Special Permit. On the northwest corner of Staples Street and Timbergate Drive is a fitness facility currently under construction that is zoned "B- l" Neighborhood Business District with a Special Permit. • At the time of annexation, the "R-1B" ')istrict was assigned to the subject property as a method to control high density development until owners or representative of such property are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed 5y staff as to compatible land use adjacency, the Comprehensive Plan Map recommendation, transitional changes to the area, future road construction . and available infrastructure. • Utilities: The subject property has water and wastewater availability to the site. • Transportation: Preliminary estimates available prior to the Planning Commission meeting in March 2007, suggested that approximately 15,000 vehicle trip ends per day would be generated by the proposed development_ Combined with the existing traffic count of 21.902 vehicular trips per day a total traffic count of Agenda Memorandum Case No 010 "` -01 (Wal -Misr Dere'upment - Johnson and Pace Incorporated) Page 36.90' vehicular trips per day would ne generated along Staples Street between Saratoga Boulevard and Lipes Street The subject property is locatec on the southeast corner of Staples Street and Timbergate Drive intersection. Staples Street is designated as a arterial and Timbergate Drive is a collector in the Urban Transportation Plan. The proposed commercial development will have two limited - access driveways with proposed "right in" and "right out" turning movements onto South Staples and three driveways on Timbergate Drive Driveway access for trucks is 'ocated at the rear of the subject property on Timbergate Drive. Wal- Mart plans to improve Timbergate D. ive with four travel lanes terminating at the rear of their property. Additional daily traffic counts and trio generation numbers from the site along Staples Street have been obtained since the Planning Commission meeting on March 7, 2007. Texas Department of Transportation's ( TXDOT) traffic study of 2004 found that 33,000 average daily trips along Staples Street between Timbergate Drt\ e and Saratoga Boule\ and corridor occurred. (See attachment 4) This traffic study provided by TXDOT was more representative oft the Wal-Mart site than the traffic data that was available during staff presentation at Planning Commission. Wal- Mart - submitted a traffic study to staff performed in February 2007 showing an average daily trip count of 32,400 along the same section of Staples Street as TXDOT. (See attachment 5) The difference between 7l"DOT's traffic study of 33,000 vehicular trips per day and Wal -Mart traffic study of 32.400 is 600 vehicular trios per day The 33.6 acre development will produce approximately 13,600 new trips according to the Traffic Impact Study provided by Wal -Mart's traffic engineering consultant.(See attachment 6) The latest edition of the Trip Generation Report, provided by the Institute of Transportation Engineers was used to determine the amount of traffic the site expected to generate. [he report is a nationally accepted reference which provides trip rates for determining the traffic expected to bt generated by land use types. Two other large projects have recently been constructed at or near the Timbergate Drive and Staples Street intersection that will also impact the .otal trip count along Staples Street. A fitness facility is currently under construction on the northwest corner and is expected to generate 775 average daily trips. The Markets at Timbergate is a recently completed poail stop center that will produce approximately 1,500 daily trips. The addition of the 13,600 new trips generated from the Wal -Mart development along with the other projects at the intersection is estimated to bring the total trips along Staples Street to 48,875 when using the TXDOT Staples Street traffic coup- • Traffic Impact Study: As a result of city staff's request, a Traffic Report submitted by the Wal -Mart Traffic Engineer and was received by the City in April, 2007. The Traffic Impact Study received only addressed the immediate Wal -Mart site and abutting Staples Street roadway section. (See attachment 7) In preliminary discussion, Staff indicated that a Traffic Impact Analysis Report was preferred. A Traffic Impact Analysis Report would capture the traffic impact on the subject site as well as the impact to the surrounding properties. The City of Corpus Christ does not have an ordinance that requires a Traffic Impact Analysis or Traffic Impact Study of any type >e provides= with development. The Traffic Study determined the potential effects the proposed development would have on the adjacent street system, available access, and provide recommendations regarding improvements to the street system that would help accommodate the traffic generated from the site. Several improvements recommended for the surrounding street system by the study are •Construct two "right -.n, right -ot.t only drives onto Staples Street. • Construct small traffic control medians on Staples Street to prevent left turn access to the proposed drives into Staples Street. • Construct dedicated right turn lanes into the two proposed driveways from Staples Street. • Construct a free right turn lane i ti Staples Street for north bound traffic to turn east onto Timbergate Drive • t onstruct dual left turn lanes fo: south bound Staples Street traffic to turn onto Timbergate Drive. • Construct four lane section of T tnbergate Drive extending to the east property line of the proposed development. • Modify the signalizes) intersection of Staples Street and Timbergate Drive to accommodate new :•onstruction *Construct sidewalks .:long the west and north property line of the development. Agenaa Memorandum ;.base =o0t')7 -0l (Wal-Mart De elcnment Joh on arc:: Pace Incorporated) a ,C • Staples Street is ander the .arisdictior of the FXDOT beginning south of Saratoga Boulevard. TXDOT has reviewed the proposed traffic improvements as part of their development review with the City of Corpus Christi and have found them to be acceptable for the proposed project. (See attachment 8) However, such impro\ ements can not be required as part of this zoning process, but rather must be reviewed as part of the platt,rne process though the City of C ,rpus Christi. • The Access Management Study for C orpus Christi utilizes a letter grade (A -F) scoring system, which provides a qualitative estimate of the operational efficiency or effectiveness of the roadway. (See attachment 9) The letter grade determined by the Access Management Study is referred to as Level -of- Service (LOS). Much like an academic report card, Lt)S (A) represents high - quality operations (i.e., motorists experience very little delay or congestion. typicai wait time at a signalized intersection would be less than 10 seconds) and LOS (F) represents poor operations i.e., extreme delay or severe congestion, typical wait time at a signalized intersection would be over ‘0 seconds) where traffic flow breaks down. • The Traffic Impact Study provided by Wal -Mart also evaluated the Level of Service at various intersections along the Staples Street corridor and projected the rating with the impact of projected trips added to the system by the Wal -Mart development. The study indicated that the existing conditions at Staples Street and Timbergate Drive were operating at a LOS (D) level during the peak hours of travel. The Study also determined that the intersection wou() continue to operate at LOS (D) level if the Wal -Mart complex was built with the suggested street system improvements. LOS (D) is categorized as a 35 to 55 second delay per vehicle Without the suggested impro% ements for the Wal -Mart complex, the LOS in the area is projected to drop to LOS (F). LOS (F) categorized as a greater than 80 second delay per vehicle. • The Traffic Impact Study provided by Wal -Mart did not take into consideration the future extension of Timbergate Drive to the east, future c innections of Patti Drive to the northeast, and future development along the south corridor of Staples Street th,,. is zoned with a combination of R -1B District (One- family Residential). B -1 District (Neighborhood Business), and B-4 District (General Business). • The Traffic Impact Study provided by Wal -Mart also analyzed the subject property for an alternative development proposal. (See attachment 10) They replaced the proposed Wal -Mart development with an alternate proposal of commercial and single family development on the 33.6 acre subject property. The purpose of the analysis was to review the performance of the intersection at Staples Street and Timbergate Drive with the expected traffic generation and no street improvements. The alternate proposal would generate 8,320 trips or 5,280 fewer . ehicle trips than the Wal -Mart development at 13,600 vehicle trips. The traffic impact of this alternate development would rate the intersection with a LOS of (E) for the PM peak hour traffic with no street impro , ements. I -OS (F.1 is categorized as a delay time of 35 -50 seconds. • The proposed Wal -Mart development is estimated to generate 5,280 more trips than the most likely development scenario for the subject property. • Based on the Access Management Study released by the Metropolitan Planning Organization (MPO) and the City of Corpus Christi and traffic study information received. Staff projects that with the full development of vacant properties along Staples Street. south of Saratoga Boulevard, current zoning conditions, future rezonings, development of the subject property with or without the Wal -Mart complex, Staples Street will have a future Level of Sen. ice (LOS) I Level of Service (LOS) for South Staples Street traffic will continue to decrease as development increases along the corridor Properties along Staples Street have transitioned from "R -1B" District (residential) from the time of annexation to multi - family and commercial zoning districts over the past fifteen (15) or more years. As vacant properties continue transitioning to commercial uses along arterial roadways, more commercial development traffic will be added. (See attachment 11). New development traffic issues should encourage improvements to the street system by adding signalization, medians, turning lanes, traffic calming devices and additional lanes. • Based on the preliminary information received at the Planning Commission level, Staff recommends approval of the "B -4" General Business District_ 4genda Memorandum Case No 0i0'-0l (Val -Man Development Joh on and Pace Incorporated) Page -t Notifieiktion. Of the thirty -four ,34) notic:s mailed to the surrounding property owners, three (3) were returned in favor and zero (0) were returned in opposition. There have been numerous responses in opposition received from property owners outside the 200 -foot notification area. Even though the 20% rule is not in effect at this time, this case should be considered controversial due to neighborhood concerns. Deborah A. Marroquin, P.E. Interim Director of Development Services EG M'SM: bi n Attachment Zoning Report Comments received from Public Notices mailed Minutes Project Manager X PIM or SrCP /CP X Planning Director X FI: P[ 1►i- DIRISHARED\Beverk v2007 CCy Mar '07v0307 -01 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No 1307 -01 City Council Hearing Date: June 19, 2007 Applicant: (Proposed Wal -Mart Development) /Johnson and Pace Incorporated Owner: Saratoga Palms Properties, LTD Agent: Same as Applicant Legal Description/Location: 33.6 acres out of Lots 17, 18, 19 and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive. From: "R -1B" One- Family Dwelling District To: 'B -4" General Business District Area: 33.6 acres Purpose of Request: To allow for a Wal -Mart Super Center with adjacent commercial pad sites. Existing Zoning and Land Uses Site Zoning 'a-1B" One - family Dwelli District "B -4" General Business North District and "A-1" Apartm House District "B -1" Neighborhood South Business District and "A -1 Apartment House District Last "R -1B" One - family Dwelli District "R -1B" One - family Dwelli West District and "B -1 /SP "' Neighborhood Business District with a Special Per Area Development Plan: Southside: The future land use map supports low- density and medium - density residential uses for the subject property. A change to a commercial district along the arterial and future collector street would require a modification to the future land use map and would be a continuation of the "B -4" District to the north. The Comprehensive Plan and Future l: and Use Map for the Staples Street corridor have been modified with each change of zoning. Commercial rezoning along the Staples Street corridor have varied in property depth averaging from 500 ft to 1,000 ft. Map No.. 044031 Zoning Violations: None Existing Land Use Future Land Use ng Vacant Medium - density Residential and Low - density Residential nt Commercial Commercial and Medium - density Residential ' Vacant Commercial and Medium- density Residential ng Vacant Low- density Residential ng nit Church, Low- density Residential, and The Storage Mini Storage Public /Semi- Public, Low - density Residential, and Commercial Area Development Plan: Southside: The future land use map supports low- density and medium - density residential uses for the subject property. A change to a commercial district along the arterial and future collector street would require a modification to the future land use map and would be a continuation of the "B -4" District to the north. The Comprehensive Plan and Future l: and Use Map for the Staples Street corridor have been modified with each change of zoning. Commercial rezoning along the Staples Street corridor have varied in property depth averaging from 500 ft to 1,000 ft. Map No.. 044031 Zoning Violations: None Zoning Report Case No. 0307 -01 (Proposed \k, .11 -Man D *'elopment) Johnson and Pace Incorporated Page w • Request: The applicant is requesting a change of zoning on 33.6 acres from "R -1B" One- family Dwelling District to "B -4'" General Business District to allow for commercial retail development. The applicant is proposing the development of a 6 -lot shopping center with r Wal -Mart Supercenter as its anchor. The subject property is located on the southeast corner of South Staples Street and Timbergate Drive intersection. Primary frontage will be aiong South Staples S reel • The subject property r; proposed to he subdivided into six lots for general retail business on the 33 6 acre tract or ,200 by 1,200' area, The largest lot is approximately 24 acres and will he occupied by a Wal -Mart Supercenter. • I he proposed Wal -Mart Supercenter will consist of a grocery center, a general retail center, a garden center, and an automotive center within a single -story 184,109 square -foot building. The proposed hours of operation for the store are 24 hours a day, seven days a week. Parking proposed by Wal -Mart will be based upon a ratio of five parking spaces per 1.000 square feet of building area or 925 spaces which exceed the City's requirement of one space per 220 square feet for shopping centers at 837 spaces. A solid screen sound barrier is proposed for the rear property line that is adjacent to a vacant residentially zoned property. A pylon sign for the Wal -Mart Supercenter will be located beside the north drive onto South Staples Street and is requiring a minimum 20 foot setback from the property I ine I'he total combined area of the proposed sign will be 140.5 square feet with a height of 10 tees (Sec attachmrr't 2 and 3) • f he proposed Wal -Mart Supercenter is planning for an October 2008 opening and will employ apps oximatelx 400 people. ✓_ • Existing Land Uses: Located north of the subject property is a newly developed strip retail center that was rezoned to "B -4" General Business District in May of 2004. To the south are vacant uses zoned "B- i ., Neighborhood Business District and "A -1" Apartment House District. To the east is vacant land zoned "R -1B" One - family Dwelling District. To the west is a church, low densvy residential uses, zoned "R -1B" One - family Dwelling District; and a commercial mini storage use zoned "B -1" Neighborhood Business District with a Special Permit. On he northwest corner of Staples Street and Timbergate Drive is a fitness facility currently under construction that is zoned 'B -1" Neighborhood Business District with a Special Permit. • At the time ; >f annexation, the -R-1B" District was assigned to the subject property as a method to control high density development until owners or representative of such property are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are reviewed by staff as to compatible land use adjacency. the Comprehensive Plan Map recommendation, transitional changes to the area, future road construction , and available infrastructure. • Utilities: The subject property has water and wastewater availability to the site. toning Report ase No. 01r-01 ( Proposed Wa —Mart Development) Johnson and Pace Incorporated Page • Transportation: Preliminary estimates available prior to the Planning Commission meeting in March 2007, suggested that approximately 15,000 vehicle trip ends per day would be generated by the proposed development. Combined with the existing traffic count of 21,902 vehicular trips per day a total traffic count of 36,902 vehicular trips per day would be generated along Staples Street between Saratoga Boulevard and Lipes Street. The subject property is located on the southeast corner of Staples Street and Timbergate Drive intersection. Staples Street is designated as a arterial and Timbergate Drive is a collector in the Urban Transportation Plan. The proposed commercial development will have two limited- access driveways wi :h proposed "right in" and "right out" turning movements onto South Staples and three driveways on Timbergate Drive. Driveway access for trucks is located at the rear of the subject property on Timbergate Drive. Wal -Mart plans to improve Timbergate Drive with four travel lanes terminating at the rear of their property. Additional daily traffic counts and trip generation numbers from the site along Staples Street have been obtained since the Planning Commission meeting on March 7, 2007. Texas Department of 1 ransportation's (TXDOT) traffic study of 2004 found that 33,000 average daily trips along Staples Street between Timbergate Drive and Saratoga Boulevard corridor occurred. (See attachment 4) This traffic study provided by TXDOT was more representative of the 1V al -Mart site than the traffic data that was available during staff presentation at Planning Commission. Wal -Mart submitted a traffic study to staff performed in February 2007 showing an average daily trip count of 32,400 along the same section of Staples Street as TXDOT. (See attachment 5) The difference between TXDOT's traffic study of 33.000 ehicular trips per day and Wal -Mart traffic study of 32,400 is 600 vehicular trips per day • The 33.6 acre development will produce approximately 13,600 new trips according to the Traffic Impact Study provided by Wal- Mart's traffic engineering consultant.(See attachment 6) The latest edition of the Trip Generation Report, provided by the Institute of Transportation Engineers was used to determine the amount of traffic the site expected to generate. The report is a nationally accepted reference which provides trip rates for determining the traffic expected to be generated by land use types. • Two other large projects have recently been constructed at or near the Timbergate Drive and Staples Street intersection that will also impact the total trip count along Staples Street. A fitness facility is currently under construction on the northwest corner and is expected to generate 775 average daily trips. The Markets at Timbergate is a recently completed retail strip center that will produce approximately 1,500 daily trips. • The addition of the 13.600 new trips generated from the Wal -Mart development along with the other projects at the intersection is estimated to bring the total trips along Staples Street to 48,875 when using the TXDOT Staples Street traffic count. Zoning Report Case No. 03147 -01 (Proposed al-Mart Development) Johnson and Pace Incorporated Page Staff Summary (cont.) • Traffic Impact Study As a result of city staffs request. a Traffic Report submitted by the Wal -Mart Traffic Engineer and was received by the City in April, 2007. The Traffic Impact Study received only addressed the immediate Wal -Mart site and abutting Staples Street roadway section. (See attachment 7) In preliminary discussion, Staff indicated that a Traffic Impact Analysis Report was preferred. A Traffic Impact Analysis Report would capture the traffic impact on the subject site as well as the impact to the surrounding properties. The City of Corpus Christ does not have an ordinance that requires a Traffic Impact Analysis or Traffic Impact Study of any type be provided with development. • The Traffic Study determined the potential effects the proposed development would have on the adjacent street system. available access, and provide recommendations regarding improvements to the street system that would help accommodate the traffic generated from the site Several improvements recommended for the surrounding street system by the study are: •Construct two "right -in, right -out only" drives onto Staples Street. •Construct small traffic control medians on Staples Street to prevent left turn access to the proposed drives onto Staples Street. •Construct dedicated right turn lanes into the two proposed driveways from Staples Street. •Construct a free right turn lane on Staples Street for north bound traffic to turn east onto hmbergate Drive •C'onstruct dual left turn lanes for south bound Staples Street traffic to turn onto I imbergate Drive. 'Construct four lane section of Timbergate Drive extending to the east property line of the proposed development • Modify the signalized intersection of Staples Street and Timbergate Drive to accommodate new construction. •Construct sidewalks along the west and north property line of the development. • Staples Street is under the jurisdiction of the TXDOT beginning south of Saratoga Boulevard. l'XDOT ias reviewed the proposed traffic improvements as part of their development review w ith the City of Corpus Christi and have found them to be acceptable for the proposed project. (See attachment 8) However, such improvements can not be required as part of this zoning process. but rather must be reviewed as part of the platting process through the City of Corpus Christi • The Access Management Study for Corpus Christi utilizes a letter grade (A -F) scoring system, which provides a qualitative estimate of the operational efficiency or effectiveness of the roadway. (See attachment 9) The letter grade determined by the Access Management Study is referred to as Level -of- Service (LOS). Much like an academic report card, LOS A) represents high - quality operations (i.e., motorists experience very little delay or congestion, typical wait time at a signalized intersection would be less than 10 seconds) and I OS (F) represents poor operations (i.e., extreme delay or severe congestion, typical wait time at a signalized intersection would be over 80 seconds) where traffic flow breaks down. t,�ning Repon +i:ase No. 0 0 - -01 (Proposed Wai Mart Development) Johnson and Pace Incorporated Page • The Traffic Impact Study provided by Wal -Mart also evaluated the Level of Service at various intersections along the Staples Street corridor and projected the rating with the impact of projected trips added to the system by the Wal -Mart development. The study indicated that the existing conditions at Staples Street and Timbergate Drive were operating at a LOS (D) level during the peak hours of travel. The Study also determined that the intersection would cont ;nue to operate at LOS (D) level if the Wal -Mart complex was built with the suggested street system improvements. LOS (D) is categorized as a 35 to 55 second delay per vehicle. Without the suggested improvements for the Wal -Mart complex, the LOS in tilt area is projected to drop to LOS (F). LOS (F) is categorized as a greater than 80 second delay per vehicle. The Traffic Impact Study provided by Wal -Mart did not take into consideration the future extension of Timbergate Drive to the east, future connections of Patti Drive to the northeast, and future development along the south corridor of Staples Street that is zoned with a combination of R-1B District (One- family Residential), B -1 District (Neighborhood Business), and B -4 District (General Business). The Traffic Impact Study provided by Wal -Mart also analyzed the subject property for an alternative development proposal. (See attachment 10) They replaced the proposed Wal- Mart development with an alternate proposal of commercial and single family development on the 33.6 acre subject property. The purpose of the analysis was to review the performance of the intersection at Staples Street and Timbergate Drive with the expected traffic generation and no street improvements. The alternate proposal would generate 8,320 trips or 5,280 fewer vehicle trips than the Wal -Mart development at 13,600 vehicle trips. The traffic impact of this alternate development would rate the intersection with a LOS of (E) for the PM peak hour traffic with no street improvements. LOS (E) is categorized as a delay nine of 15 -50 seconds. • The proposed Wal -Mart development is estimated to generate 5,280 more trips than the most likely development scenario for the subject property. • Based on the Access Management Study released by the Metropolitan Planning Organization MPO) and the City of Corpus Christi and traffic study information received, Staff projects that with the full development of vacant properties along Staples Street, south of Saratoga Boulevard. current zoning conditions, future rezonings, development of the subject property with or without the Wal -Mart complex, Staples Street will have a future Level of Sere ce (LOS! F. Street South Staples Street crit C4 Timbergate Drive (East of Staples St. Type Secondary Arterial Proposed Primary Collector Paved Section Volume (2006) 100' ROW, 54' BB 32,500 ADT Proposed 75' ROW NA The subject property is not platted. It will be required to plat prior to the issuance of a building permit Zonng Report Case No 0)7 -0i (Proposed Vs::�l -Mari De ;:lopment) Johnson and Pace Incorporated Page 6 Department I Level of Service (LOS) for South Staples Street traffic will continue to decrease as development increases along the corridor. Properties along Staples Street have transitioned from "R -1B" District (residential) from the time of annexation to multi - family and commercial zoning districts over the past fifteen (1 5) or more years. As v acant properties continue transitioning to commercial uses along arterial roadways, more commercial development traffic will be added. See attachment 1 11. New development traffic issues should encourage improvements to the street system by adding signrlization, medians, turning lanes, traffic calming devices and additional :apes tei a m V A Based on the preliminary information received at the Planning Commission level, Staff recommends approval of the "B -4" General Business District. Planning Approval of the "B -4" General Business District. Comments RieteiVed As of June 14, 2007 Number of Notices Mailed 34 In Favor (within 200 ft) 3 Favor (outside of 200 ft) - 33 Opposition (within 200 ft) 0 Opposition (outside of 200 ft) - 36 toning Report Case No. 0307-01 (Proposed V. a1 -Mart Development) Johnson and Pace Incorporated Page ., Attachments: 1. Zoning Map 2. Wal -Mart Concept Layout 3. Wal -Mart Concept Street Layout 4. Texas Department of Transportation Traffic Count 5. Wal -Mart Staples Street Traffic Count 6. Wal -Mart Project Site Generated Traffic Counts 7, Traffic Impact Study 8. TXDOT Responses to Development and Street Improvements 9. Level of Service Section of the Access Management Study 10. Wal -Mart Alternative Development Proposal 11. Level of Service (LOS) Chart of Primary Intersections in the South Side Area 12. Ownership Map 13. Ownership List 14. Comments Received hum Notices and Other Responses Received 15. Planning Commission Meeting Minutes 1- I:APLN- DIRISHARED\Beverly ■2007 PC'ZON RPTS \March \CC Reports 4)307-01 Johnson & Pace REPORT1.doc %onin` Repor ase No. 00' -0l (Proposed W Mart De \elopment) Johnson and Pace Incorporated Page \rtachments: Zoning Map Wal -Mart Concept Lay.out Wal -Mart Concept Street Layout Texas Department of Transportation Traffic Count Wal -Mart Staples Street Traffic Count Wal -Mart Propect Site generated Traffic Counts Traffic Impac: Stud) TXDOT Responses to Development and Street Improvements Level ,:of Service Section of the Access Management Study ,t. 1 0. Wal -Mart Alternative Development Proposal 1 t. Level of Service (LOS Chart of Primary Intersections in the South Side Area 12. Ownership Map t 3. Ownership List 14. Comments Received from Notices and Other Responses Received I S. Planning Commission Meeting Minutes I N- DI[2' SHARE IT Bo, erly.2Ot7 PCZONRPTS March \CC Reports 0307-01 Johnson & Pace REPORTI.doc hmen Zonin. Notice Ma VE4ICL: -5K! 020(j[e5 • 1/SP/ 6-05 :PCS -s-7 :ATE -1 NE), 0,1A A-2 AB 3-1A 3-2 3-2A 3-3 3-4 3-n 3D 100 XC 400 IIIMMI==3....1011111.1 CASE At 0307-01 ZONING Apartment 14 Dapper Apartment Haerse Di Strict Apartment Hesse Dlstnct Professional fieice District Apartment-Tenet District sleighborhootreusiness Oetriet N eighborh00.111usiness %tett 3ayfront Buss District Barrier standilusiness Oletrict Business Detect 3eneral Business District 3nmary Business Distnct Business Sore District Sorpus Christi Beach Desert Dist . ami Rural Ca env Histoncal-Cunea: L.andmark Pteservation _3 PUD 3-1A 3-13 R-,D 3-2 RA RE R-TH --113 -1C av .13 ',MEM, Owe 50772301 ,a.et Soar.. 020 74 Commarue Doreopsomm Sanwa. F. NMI 14.01ReSMME ...TOWNS CASE 030 no( c Lrnited ndustnai Distnc! Lght Induatriai Distnct Heavy !nesstrial District Ramie° Unit Development One Pamily Dwelling Distnct One Family Dwelling Distnct One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhcuse Dwelling District Special .errnit Traver -railer Park District Manufactured Home Pars District Manufactured Home Subdivision District Attachment 2 Wal-Mart Concept Layout l 1. i 11 im el i ..1 li 1:1;111 11 I ii gii ligi I !I li 1111! 11 !! It Oil ! I 1 . la; Ili!, ; 1 . 11 dill it I.* : ; II Illi ! 1 : a, ON I k ' II: 1 ; 1 a 0 1 I I 1 1 ' 11 i II I : i1ll ;!1` 1 ' ii 1111 k 1 ' Ii! ill itillill 91110 1 0 alo 10 11 , I .1 I I 01 1;11 SAO ii 11 z a. i 1 1 i Pi ; 1 dpu-LIART BDIERCENTER STORE 05702410 ZONING EXHIBIT S CI11. NUECESS COUNTY Taos SOUTH STAPLES AND WALAIART STORES, INC INC. AR 9104BERGATE DRIVE 7ONVLLE. JOHNSON & PACE INCORPORATED MIIINEEMS MOIMICIVIE 9.411*,04 03C11-01 Attachment 3 Wal-Mart Concept Street Improvements 240' 4 4 4 4 1RAFC GINEERING ONSULTANTS STAPLES STREET d TIII ERGATE DRIVE 150' w a w 'a 0 a w ce a FIGURE 6. LANE CONFIGURATION OF TCMBERGATE DRIVE c\V11:03 Attachment !Texas Department of Transportation Traffic Count 16500 '36000 43, L -23000 Saratoga /Staples St. Fiiii 4. 2()4 Traffic (I uunr, at saratoga Boulevard and Staples Street i1t i.t t.i.c)in 1997z t,-) Attachment] 5 Wal-Mart Staples Street Traffic Count IS — ' 707 41 07,11T7J 7X57697 74) 761, ,771,134i -- 54, 11 - ,-- a ■ 41 7 ,7. 7712 ,-- *2 OW> 7. g z UL I. . I :21 I — 26717171 1241122 7147115X — 1574 441 I 39173173 32,400 101F:C 5771147ED '0 X10 allE11717C7 STAPLES A ,.- MVO BX • 6.6.2226 00111 2221 • P.M. MI MA 2112 5 74 PM Pt FIGURE :I. SUSTING TRAFF!c Attachment l 6 1WaI -Mart Project Site Generated Traffic Counts I) SITE E GENERA l'El 00 == v o > a >; E- p l•, M o U I PM Peak Hour Total Volume Added to Street O '- d E �- •—� m Q �o en LCI m C Q i G: a a. out ^ N z rt z d pi, F.Er 10 <. eNI p de -�_ fal _ r rd d t* y R .. 06 E E lVlAL 13641 I 734 1 1014 1 I t �a N O 00 C ar) tNII ON col0 • �O `� 1 34.64 1 277 N Nr1 N E r OZ 8 1 L 1.84 325 N a, N _ O� t, 0000 .� C O, M 44.32 O in 00 y� 00 — h O awa m F. ++ Cs _ kr) O pO O N 14 CA Reduction Type 'Internal Capture i Building Type (Land Use) Trip Rate* Free Standing Discount Superstore Trip Rate* High- Turnover Sit -Down Restaurant Trip Rate* k ast -Food Restaurant w/ Drive Thru Trip Rate* Specialty Retail Center Trip Rate* Gas. /Serv. Station Attachment[ 7 Traffic Impact Study RUSSELL w;not 6141 nsultants, he. TRAFFIC IMPACT STUDY S. Staples St. & Timbergate Rd. Corpus Chrisite, Texas Prepared for: Johnson & Pace Engineering and Surveying Consultants Revised June 2007 Prepared by: Traffic Engineering Consultants, Inc. 215 Texas P.E. #88215 CA # F-002934 ussell,_ RE., PTOE Date _Rsart.0.1 TRAMC Traffic Impact Study TABLE OF CONTENTS 1.0 -NTRODUCTION. 1 2.0 BACKGROUND 1 AFFIC DATA COLLEC ION 2 .,ROJECTED TR. AiFIC 3 7 r,p 6.e/ter-awn( . 3 Internal (7am:in: 4 Pass lie Dips 4 Trip Distribution 5 lAPACITY ANAL VSIS Saratoga Boulevard & Staples S'tree i 7 Ilunavick Avenue & Staples Sveet.. 8 Tiuwergate Drive & Staples Sveei. 8 Drive #1/Drive #2 & Staples Saeet. 9 Dr?ve #3/Drive IP/Drive #5 eat Tinthergate Drive 9 iipes Boulevard & Staples Street . 9 Yorktown Boulevard & Staples Street 9 6.0 EXECUTIVE SUMMAR): 9 Additional Considerations ..I 1 LIST OF FIGURES On Page Figure 1 • r. :eneriki Location Map 2 Following Page Figure 2: Proposed Site Plan . 2 Figure 3: Existing Traffic 3 Figure 4: Site Generated Traffic .. 5 Figure 5: Projected Combined Traffi, 5 Figure 6: Lane Configuration of Timoergate Drive 9 Figure 7: 1 ower Density land Uses ....... ligtire 8: Site Generated Traffic with Lower Dens 1,-y Land Uses... 12 --ilgure 9' Projected Combmed Traffi, with Lower Density Land Uses. 12 I ABLE OF CONTENTS On Page Fable 1: Projected Site Generated Traffic volume, 3 rabic 2: Capacity Analysis Summai:-.... 7 Fable 3: Projected Site Generated Traffic Volume, 12 Fable 4: Capacity Analysis Summary of Mixed L,nc1 Uses Assumption. 12 able 5: Capacity Analysis S'ununar 13 59 June 8, 2007 0309 0 1 ENcAiwel 1.0 INTRODUCTION Traffic Impact Study Traffic Engineering Consultants, Inc. (TEC) was retained by Johnson & Pace Engineering & Surveying Consultants to perform a traffic impact study for a proposed commercial development to be located in Corpus Christi, Texas. The study was requested to determine the effects the proposed development could have on the adjacent street system, to review the available access, and to provide recommendations to accommodate the traffic expected to be generated by the site. 2.0 BACKGROUND The site of the proposed new discount super -store development is located on South Staples Street between Saratoga Boulevard and Yorktown Boulevard in Corpus Christi, Texas, as shown in Figure 1 below. Staples Street is a north/south principle arterial which is five lanes wide with two thru lanes for each direction and a Common Two Way Left Turn Lane (CTWLTL) in the middle. It is posted at 50 mph south of Sargoga Boulevard and 40 mph on to the north. It carries approximately 32,000 vehicles per day (vpd) in the vicinity of the site on a typical weekday. Saratoga Boulevard is a principle east/west arterial road which is seven lanes wide at the intersection with Staples Street is posted at 45 mph and carries approximately 34,000 vpd. Yorktown Boulevard is another east /west arterial road which is four lanes west of Staples and two lanes on the east. It is posted at 40 mph on the west and 45 mph east of Staples Street and carries approximately 9,000 vpd. Between Saroga Boulevard and Yorktown Boulevard, there are two side streets connecting to Staples Street • at signalized intersections. Timbergate Drive, which is an existing signalized intersection, is proposed to be utilized as the major access driveway of the development. Lipes Boulevard provides access to residential area on both sides of Staples Street. The development is proposed to include the construction of a discount super -store with a self -serve gas station and several out -lots. The discount super -store is proposed to be 176,489 square feet in size. An on- site gas station is expected to contain eight fueling positions. The land use of the out lots is assumed to be a fast -food restaurant, a sit -down restaurant and some specialty retail for purposes of this report. T17') June 8, 2007 ctW1-01 Traffic Impact Study J° 'ro07 Hosp!a�saoh Project Location y ae ys y Corpus Christi, TX '_. ° .i Rnr(.y �; 4k J. t ',02007 GoosIo • Map ttata'J200E Figure 1 - General Location Map Access to the site, as shown: in Figure 2, is proposed via two right - in/right -out driveways along Staples Street and three full- access driveways along Timbergate Drive. Due to the possibility of a future median project on Staples Street adjacent to this site, TEC evaluated this sire with the access points onto Staples Street as right - in/right -out driveways. This will then send all of the south bound exiting traffic from the site to the signalized intersection of Staples Street and Timbergate DI ye. 3.0 TRAFFIC DATA COLLECTION TEC collected existing traffic volume data adjacent to the study site in February 2007. Peak hour turning movement volumes were collected at five intersections along Staples Street at Saratoga Boulevard, Huntw:ck Avenue. Timbergate Drivv, Lipes Drive and Yorktown Boulevard. This data was collected during le a.m and p.m. peak hour pe.•:ods of a typical weekday. Additionally, 24 -hour traffic volume 759 June 8, 2007 (yor1-ol 4.4 - t� Traffic impact Said•:, can was collected a. )ng Stau ics Sn;'ee +. Sara-.oga Boule7ard. and Yorktown Boulevard. The existing peak houi tuniir_g movement voler.es are su imarized in Figure 3 and included in the appendix. This data was se ' as ,h.-' base 01 ,)ackgro.ind naffi, to which the iraffii projected to be generated by the proposed development, will be added 4.0 PROJECTED TRAFFIC Tap Generation To dete Imne the effects a new development will have on an existing street system, the new or additional traffic must be projected. The latest edition of the Trip Generation Report, provided by the Institute of Ttartsportation Engineers was used to eeterrnine the amount of traffic the site is expected to generate. The report is a nationally accepted reference which provides trip rates for determining the traffic expected to be generated by different lane use type, T }i utilized information available, regarding the anticipated land use to determine the site generated t tdc. The Free 5urdirr,r- Discount Superstore, High- turnover Sit - down Restaurant, Fast-food 1?es[aurl7f' iv/ Dr ve -thru cod Self- "ser1,e Geis Station categories were selected to predict the trip gencration The resulting ITat is volumes projected to be generated by the site are indicated in ;'able 1 TABLE 1. 'RO!r.'TED Sl :O GENE RATED TRAFFIC VOLUMES . 49r41. II64idine I. p. C,o >s 411or Land t:s.: I .:.a r 1.ter .etalte Weekda9 4.ehicle Trip Ends l.crage An erage .571 Peak Dour .ill Peak Hour Dl4.400024 Directional DISIsiautioa S'olame A+erage Pal Peak Door Directional Dixrlaation A. trait P31 Peak Dour Directional Volume PI:R D. 014 " 7041 Per Peak Maur of Ad accnl Street Tro(lic t One Dour eeturen ;om 4:9ant : (.ph) One Dour Itclnccn Jpnt S6pm (,phl 37 '1 OW IN (ll l st IN 7, II 1 O(1 I .. IN <i.:t IO.:r Trap 76.• FreaStrAran DiONont Superitore .'4.459 Da 71 1 .. •7151 1 r+-.e Trip R:9 IGgit Tt•a4 0 tt S t.DOw le.ta..,at .J +. t _ ... it 5! 10.92 :. .. ,. .., 611 Dip Rett Fa: -Fond Rest_vart a' %Dti +e Then `0 rm :943 496. i? 43�1i 1 64 .. 51 - 49 ..a5 144 I }.: ■4-9 Tttp au' Retail Cola ■o '.. 604 _4.73 ... 7 444 ..: } - :, •• .. : . I `" 122 194:6 Trip Rate' ! -•. •: paSl - GSi4Sen'. Station :69.56 - 1207 1.441 A'4 111 scfTOTAI. 17041 915 1269 465 630 633 1 633 Reduction Type Ge0641104,etno.A444 1 +0; A5I Pak gone PM Pak Dear Reduction Taal Yaome Added to Street Reduction Total Fahmr .ldded to Sirs. IN I 01.14 IN 1 O(T IS OUT I:. i ol•r rnal 'a ure "_ _14 >.I 1 17 4 %4 44S I 733 31 d1 alt ', 17' DT d•i :o 11` 1I` - Taal Derelped. 1'olum! Total Deoelptul. Volume IN j 0111 TOTAL I 13641 734 _..1014 I 441 I 121 001 r 604 09 June ii. 2007 030'1 -01 T Traffic Impact Study 4.2 Internal Capture The unadjusted site generated :raffle volumes shown in the top half of Table 1 have been adjusted, due to the close proximity of the discount super - store and the self - service gas station and the shared access that they nave This means that there would be a certain number of vehicles that visit the gas station and then proceed to the discount super -store and should therefore not be counted as new trips for each store. These site generated trips are commonly referred to as internal capture trips. These trips will affect both the number of vehicles entering and exiting the site as well as the vehicles added to the surrounding street system. Forecasting trips for the gas station also included a review of this type of facility. A nationwide study has been eonducted by Kanley -Horn and Associates regarding the trips generated by these types of gas stations that are adjacent to discount super- stores. The results of the study indicate that a majority of the traffic (56 %) generated by these stations also patronize the discount super - store. Therefore, the traffic projected to be generated by these gas stations, using the standard trip rates contained in the ITE Trip Generation report, can be expected to be reduced based on this data. As indicated in the bottom of Table 1. the traffic projected to be generated ay the gas station was reduced to account for this internal capture nip to the discount super - store. This reduction was applied only to the gas station trips. 4.3 Pass -by Trips Due to the types of facilities. another reduction adjustment to the total trips is recommended. In some cases the driveway volume at a generator is different from the amount of traffic added to the adjacent street system. Some land uses have been determined to attract a portion of their trips from traffic passing the site on the way from one location to another. This phenomenon is generally referred to as pass -by trips. The pass -by trip reduction estimation is calculated as a percentage of the total number of trips entering the generator The pass -by trips estimated to enter and exit a development do not affect the driveway volumes, but do affect the amount of traffic added to the adjacent street system. Utilizing information from other sites located nationally, it was determined that a pass -by trip reduction of 20% was applicable for the development After the Internal Capture and Pass -by Trips adjustments, the total new traffic expected to be added to the street system are 348 vehicles per hour (vph) entering the site, and 333 vph exiting the site during the a.m. peak hour, 475 entering and 477 exiting during the p.m. peak hour. 759 4 June 8, 2007 T.� g.GU� Traffic Impact Study 4 4 Trip Distribution The traffic expected to be generated by the proposed development was then distributed among the surrounding street system as well as the proposed points of access for the a.m. and p.m. peak hours of the day. The distribution of the site generated traffic is shown in Figure 4. It was distributed based on existing traffic patterns in the area which were obtained from the traffic data that was collected for this study. The directional distribution of the site generated traffic for the proposed development is expected to be: • 25% from Staples Street, north of the development • 1 1% from Staples Street, south of the development 27% from Saratoga Boulevard, west of the development • 24% from Saratoga Boulevard, east of the development • 6% from Yorktown Boulevard, west of the development • 7% from Yorktown Boulevard, east of the development The 2007 projected combined traffic volumes (site traffic + existing traffic) for the proposed development, as well as the surrounding street system, are shown in Figure 5. 5.0 CAPACITY ANALYSIS Several analyses were conducted utilizing the existing and projected traffic volumes. The analyses were conducted using Synchro 7.0 Professional, which is a software package for modeling and optimizing traffic signal timings at signalized intersections, and analyzing unsignalized intersections in accordance with the methodology of the latest edition of the Highway Capacity Manual. The Highway Capacity Manual, Special Report 209, is provided by the Transportation Research Board of the National Research Council, Washington, D.C. The information has been widely accepted throughout the U.S. as a guide for defining and solving transportation challenges. The information is approved and distributed by the U.S. Department of Transportation, Federal Highway Administration. The capacity analysis provides a measure of the amount of traffic that a given facility can accommodate. Traffic facilities generally operate poorly at or near capacity. The analysis is intended to estimate-the maximum amount of traffic that can be accommodated by a facility while maintaining prescribed 5 June 8, 2007 OS0rf-01 Traffic Impact Study operational qualities the definition of operational criteria is accomplished using levels -of- service. The concept of levels -of- service is defined as a qualitative measure and describes operational conditions in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience and safety. Six levels -of- service are defined for each type of facility for which analysis procedures are available. They are given letter designations, from "A" to "F ", with level -of- service (LOS) "A" representing the best operating conditions and LOS "F" the worst. The average control delay, for signalized intersections, is estimated for each lane group and aggregated for each approach for the intersection as a whole. The level -of- service, for this type of traffic control, is directly related to the control delay value. The level -of- service criteria for signalized intersections are indicated below. SIGNALIZED INTERSECTIONS Level -of- Service Control Delay per Vehicle (s/veh) 0 -10 g > 10 -20 > 20 -35 D > 35 -55 E > 55 -80 F > 80 The criteria for stop controlled or unsignalized intersections have different threshold values than do those for signalized intersections. A higher level of control delay has been determined to be acceptable at a signalized intersection for the same level -of- service. The level -of- service criteria for unsignalized intersections are indicated below. UNSIGNALIZED INTERSECTIONS Level -of- Service Control Delay per Vehicle (s /veh) A 0 -10 B > 10-15 > 15 -25 I, > 25 -35 E > 35 -50 F > 50 The capacity analyses conducted for the a.m. and p.m. peak hours of the day for each access point to the proposed development. The computer printouts of the capacity analysis are summarized in Table 2, and included in the appendix. For purposes of this report an overall intersection level -of- service "D", or better, was considered an acceptable level -of- service. -'59 June 8, 2007 0 Traffic [nlgact Stud\• Saratoga Boulevard & Staples Street (Traffic Signal Controlled Intersection) The results of the analyses ia. :icate than the 7 of is volume is close to its capacity under the existing 2007 'Taff(. Carattions at tilt inte`a rction T`.'t ', ''anal movement ! movement with the lowest level-of-service) s ,_he westbound len Urn movement dtu-1_g the a.11. peak hour and the westbound thru -and -right .:I:,1ng movement t.ur :ng the p.m peak: horn Table 2 aeio'■• shows that these critical movements are a tve - -of- esvice "TY during t e a.m. peak hour and a level-of-service "E" during the p.m. peak hour. CABLE 2 CAP,'SCJTY ANALYSIS St'A-1tMARY :iv.rsectioi TIT L': of T ifile Cohirol AM Peak Flour PM Peak flour Critical Movement Intersection Critical Movetne it Intersection \-tov ivient Delay (see/veil) 2007 Existin LOS i Traffic Delay (sec/yell) LOS Movement Delay (sec've11) LOS Delay (secfvch) LOS l Q IS amine �r Sta�la; Signa',iied \\B Left I8.5 D 38.E D WB '.7.3 f "' '12 D 0.3 A ER Left a 10.9 13 Fiultfietck & S ; .1e; Ell Left I8.2 C t. :.ubergate & Staples Signalized LB 18.5 D 31.2 C SO Left 52.7 D 35.5 D 1..9e8 & Staples Signalized V\73 Left l 19.9 B i 15.2 13 )i13 38 D 12.1 13 18.3 l3 WB 30.3 C 22.7 C Yrn'1t.0v•'n &Staples Sicmaiized wIt 23.9 C 2007 Projected Combined Traffic Saratoga & Staples Signalized \\'i3 L.eft 76.3 ` 14.1 D \\'13 Left $0.0 i- tub ick & Staples Lusignalizei LB Left 22.1 C 0.- .5 CB Left " 31.4 D Titubergate & Staples Signalized W13 Left a 71.0 WB lien 79.4 lDi !We ! 7 & Staples I..nsignalizet win at ht :S C 0.5 .5 W13 Right 15.5 C 0.5 A 0.5 A W13 Right 13.2 C 0.5 .5 ive -2 &Staples 'Lns,gualizet W11 Right 1S C ,Di DIive filnbergate uusignaliize, ' 11 13.5 c 2.' NB 36.- �, 5.9 .a Cnve 5‘i & Timbereate L usrgnalir_e: "_ 3 13 NB 6.3 [. 4.0 nti & Timbcrgate l_Insijnalizet. 1 ',II t1.1 is 0.4 \ ND 11 13 0.5 :1 flirt :Linea & Staples Signalized Sit l eft 25.9 r C 19.6 B ILB 37.9 D 15.2 13 Yor$toc.it & Staples Signalized SLIt 18.4 B W13 30 C 23.4 C 23.9 C 2007 Projected Combined Traffic w/ Improvements Saratoga & Staples Signaiized W13 Left 61.9 i "lam 33.2 \V13 Left 75.9 42.5 I) ilau*'rick & Staples linsignalizec LB t eft 22.5 C 0.2 CO Left ° 30.4 Tinhergate & Staples Si, na ized cu ' 49.4 D 38.9 WB Left 52.6 D 35.7 ;Drive it & Staples Unsi nalize WB Ri'.ht ' 18 C 0.5 5 W13 Left 15.5 C 0.5 A j DriVe 152 & Staples Unsignalizec Wit ill • hr IS C 0.5 A \■B Left 15.2 C 0.5 Lipes A. Siaptes Siotialized SB Left 1 25.9 C 19.6 B 1613 37.9 D 21.2 i otitteven & Staples Signalized WB 23.9 C 1S.4 B WI3 30 C 23.9 C It ui•::ates the delay axcceus 50 necosis per s chicle 'or unsig e,izeti intersections Indicates the delay exceeds 80 secants per v■hicle for sigi olized intersections Once the site generated traffic is applied to this intersection, the critical LOS movement for the a.m. is expected to be "E" for the a. n. and "I' for the p.m. peak hours. The overall intersection level -of- service mild also drop to °`,_" during the p.m beak hour. ,9 June 6, 2007 0301-0! TOM - Crav;n , Traffic Imo ct Studv A simulation study shows that significant delay would be caused by the lack of right turn bays on Saratoga Boulevard. The heavy right turn traffic would have to share a lane with the thru traffic on the east and west legs or the intersection, resulting in extended delay. Also, the channelized right turns on these approaches have no exclusive right turn lane for storage which renders these channelized lanes ineffective. Therefore, TEC would recommend right turn bays with a storage length of 400 feet (100' minimum) be constructed on the east and west legs of this intersection. The capacity analysis results show that the overall intersection LOS is expected to operate at "C" for the a.m. peak hour and "D" for the p.m. peak hour with these improvements 5.2 Huntwick Avenue & Staples Street.(Side Street Stop Controlled Intersection) Due to the heavy thru volumes on Staples Street, the critical movement, the eastbound left- turning movement, has long delay under the existing 2007 traffic conditions. Once the site generated traffic is applied to this intersection, the delay for this critical movement is expected to become even longer due to the added volumes on Staples Street. However, the low level -of- service for the eastbound left turning movement is a common phenomenon for vehicles turning onto a busy arterial during the peak hours of the day. It would be expected to balance out over time, as left turning vehicles, which are experiencing significant delays, could exit the development to the north onto Saratoga Boulevard. This left turning traffic could also proceed to Cimbergate Drive in order to utilize the traffic signal. Therefore, TEC would not recommend any improvements at this location within the scope of this development. 5.3 Timbergate Drive & Staples Street (Traffic Signal Controlled Intersection) his intersection is operating close to capacity under the existing 2007 traffic conditions, The overall LOS is "C" for the a.m. and "D" for the p.m peak hours. Once the site is fully operational, the southbound left- turning movement, is expected to be over 600 vehicles per hour (vph) during the p.m. peak hour of the day, resulting in a LOS "F" ks a general rule, once the left turning traffic reaches 300 vehicles during the peak hour, dual left turn bays should be considered. This intersection was then evaluated for dual left turn hays for the southbound movement :and the result shows that the intersection would be expected to operate at LOS "I) " for both the a.m. and p.m. peak hours, which are acceptable. The installation of the dual southbound left turn hays will require the widening of Staples Street to be carried through the intersection to the south before tapering back down to four lanes. This will allow for enough width on the northbound approach to the intersection for dual left turn bays, in order to match up with the dual southbound lanes across from it. However, since Timbergate Drive west of the intersection only has one receiving lane, one of the northbound 'eft turn lanes will need to be striped out. The northbound left turn - : "59 8 June 3, 2007 TAME Traffic Impact Studv lane frnmediately adjacent to the northbound tl}ru lanes should be striped out in order to allow for the best site distance for the northbound left turning traffic. Figure 6 shows the recommended lane configuration For he intersection of Timbergate Dive and Staples Street as well as Timbergate Drive at the development driveways, 5.4 Drive #1 /Drive #2 & Staples Street (Side Street Stop Controlled Intersection) The capacity evaluation indicates that left turning traffic exiting the site at these two driveway intersections would have very tong delays. They would also be trying to negotiate these left turn across high speed traffic on Staples Street (50 mph). Therefore, TEC would recommend that these two driveways he constructed to provide right- in/right -out access only. Also, due to the high speed on Staples Street, TEC would also recommend the construction of right turn lanes at both of these driveways. These northbound right turn lanes should be constructed with a minimum storage length of 150 ft. 5.5 Drive #3 /Drive #4 /Drive #5 and Timbergate Drive (Side Street Stop Controlled Intersections) Timbergate Drive was evaluated as a four -lane roadway at these intersections, as shown in Figure 6. The three intersections are expected to operate at acceptable levels -of- service with the site generated traffic. 5.6 Lipes Boulevard & Staples Street (Traffic Signal Controlled Intersection) This intersection is expected to operate at acceptable levels -of- service once the site generated traffic is added to the intersection. Therefore no additional off -site improvements are required. 5 7 Yorktown Boulevard & Staples Street (Traffic Signal Controlled Intersection) This intersection is expected to operate at very good levels -of- service once the site generated traffic is added to the intersection. Therefore no additional off -site improvements are required. 6.0 EXECUTIVE SUMMARY Traffic Engineering Consultants, Inc. was retained to conduct a traffic study on the site of a proposed commercial development in Corpus Christi, Texas. The development is expected to include a discount superstore, a self -serve gas station and several out -lots. Existing traffic data was collected along the >9 9 June 8, 2007 0301 -01 T. C.nt9lUR5 Traffic impactdv adjacent street system and the traffic expected to be generated by the new development was projected and distributed to the existing street system Analyses were conducted foi the points of .iccess to the site, as well as the adjacent intersections. The capacity analyses were conducted under' the existing and projected combined traffic conditions, during the a.m and p m. peak :lour of the day. Based on the analyses conducted for each of the following intersections, TEC would recommend the following: i9 Saratoga Boulevard & Staples Street • Construct eastbound and westbound exclusive right turn lanes with recommended storage length of 400 feet (100' minimum). Huntwick Avenue & Staples Street • No improvements recommended. Timl7ergate Drive. & Staples Street • Widen Staples Street to six lanes. Construct dual left turn bays for the southbound traffic of at least 200 ft in length. Carry the widening through the intersection to the south before tapering back to four lanes. This will allow for enough roadway width for north bound dual left turn lanes, one of which will be striped oat. • Construct exclusive right turn lane with a minimum storage length of 150 feet (See Figure 6). • Modify the traffic signal to accommodate the lane configuration change. Drive #1/Drive #2. & Staples Street • Construct as right -in /right -out only driveways. • Construct exclusive right turn lanes with a minimum storage length of 150 ft in length. 10 June 8, 2007 030'7 -0 I Traffic impact Study Drive #3 /Drive #4 /Drive #5 and Timbergate Drive • Construct lane configurations as shown in Figure 6. Lipes Boulevard. & Staples Street • No improvements recommended. Yorktown Boulevard. & Staples Street • No improvements recommended. 6.1 Additional Considerations TEC Was requested to conduct additional analyses for the proposed development in order to determine the effects of replacing the discount super -store with a lower - density mixed land use consisting of residential lots and retail development. Ile purpose of the additional analyses is to review the performance of the intersection of Staples Street and Timbergate Drive with the traffic expected to be generated by this lower - density land -use alternative with no additional roadway improvements. It would be expected that this alternative development would also be allowed two driveways along Staples Street for right- in/right- out access in similar fashion as the super- discount store. Since these driveways would be expected to function at higher levels -of- service than the driveways for the super - discount store, TEC will not include these driveways in this analysis, although the traffic expected to be utilizing these driveways will be shown for informational purposes only Under this alternative, TEC generated the site traffic for approximately 20 acres of single- family units and 13 acres of commercial development, as shown in Figure 7. It was assumed that there would be 5 lots per acre for the single family units and 0.20 Floor Area Ratio (FAR) for the 20 acres of commercial development. These assumptions result in a combination of approximately 100 single- family units and 11 3,236 square feet of retail development. The traffic projected to be generated by the development was determined in the same manner as for the super - discount store. The resulting traffic volumes with the lower - density land uses are indicated in Table 3. Based on this information the resultant total traffic expected to be added to the street system is 122 vehicles per hour (vph) entering the site, and 122 vph exiting the site during the a.m. peak hour; and 369 vph entering the site, and 411 vph exiting the site in the p.m peak hour. These volumes are significantly less than the projected volumes for the discount super -store (348 vph entering and 333 exiting in the a.m. and 475 entering and 477 exiting in the p.m.). The volumes were then distributed to the intersection of Staples Street and Timbergate Drive, as shown in I "i9 11 June 8, 2007 030q- 01 A-1 ZONING B-4 ZONING t- en GATEWA*ORIVE ru) TLRAFFIC F'NGINEERIN(J 4 ON St° i_ IANTS R-18 ZONING *900' THE BOARDWALK SUBDIVISION FAR = FLOOR AREA RATIO FIGURE 7. LOWER DENSITY LAND USES 0-60f1-01 Traffic Impact Stud& Figure the same :str!) l on eetre s ',ci'. used Co' this traffic as were used for the super- discount stet t T hstributed s,te : attic was thee adord to the background traffic, as shown in Figure 9. 01111441e "I"' !le t,anu '., Trap t.ae.. TABLE 1. PRJJI?:• ' ; I) SI"i 1, ;31_NER : rSI IRA i I'IC VOLU \IFS -.vg. Weekdae veh.Tlrio Endo Approx. Pro Peak flour G.n _N 1 Ad'ae..ur P th.r :'ER Surest Traffic nra rt -\T One !lour One flour ileac, :en iii r,ceen Omtwr lam S Tint 4pm S Spit npd} (opl.i 3;.j 0.Sf. 3.35 Sho 'le Cn:ter : 1 sse, 1._ ' "RP RATE.' nun; I ) 57 Q7 I. •F :dull -i HOliill AL I 5.324 244 781 1 oruge Average Average J.\1 Petit How AM Peak Hour PM Peak Hour Direetio as I Directional Directional Distrihu tint \'hlume Distribution Average PM Peak flour Directional Vein its I,\ , Crl T 01 IN OLT IN I Ul r 3th, ?':1 122 122 369 ! 411 Wtltt. :c c% Truer_ ,,Duna.. Capacity analyses were thee conducted based on the projected combined traffic. The results of the analyses conducted with this lower- density land -use alternative are summarized in Table 4 and included in the appendix. Based on a review f) these results the overall level -of - service at the intersection of Staples Street and Timbergate 'drive wo1 id be expected to operate at an acceptable level -of- service during �e a m. peak hour, but long delays art expected during the p.m. peak hour. The intersection level-of- sei ice is expected to be "E` for the p ii. pea hour. The northbound through, westbound left -turn and southbout dleft -turn movements arc al! expected to experience long delays and operate at levels -of- service "1=" 'therefore, roadway improvements at this intersection would still be recommended in order to maintain acceptable revels -01- service ender ibis lower- density land -use alternative. These roadway improvements would include the constr_lctior of dual south bound left turn lanes and four lanes on tmbergate Drive (two exiting lanes and twe entering anes to receive the traffic from the dual south 'doting left turn lanes). TABLE 4 CAPACITY A ?':ALYSIS SUMMARY OF MIXED LAND USES ASSUMPTION nitetsection Type of Traffic Control Ali Peak Hour PM Peak Hour C;itica Moveme it Intersection Critica Movement Intersection Movement Delay (see /veh) I.,OS Delay (sec'veh) LOS Movement Delay (seciveh) LOS Delay (seclveh) LOS 2007 Projected Combined Traffic rt)n�ICCga[C t� Staples 'Signalized SB Left 51.7 D 39.0 D •. NB Tflru I ; - 72.S I . ;Ir +•,,-. 'Ito delay esccecis 30 seconds per vchtcie iutcrsectinus Indacaies the delap Cfxceeds 80 wet-ma; per vellicie in; ,igna:¢a iutersecti0t:; June S. 2007 O Oil 01 RA l NGINEERINU TIMBERGATE (53)18 -- (35)12 -Z ONSLL TAN'f'S '-- 29(99) 29(99 ) (80)24 ---+ (125)37 (35)12 (18) 6 -Z O. N LO Ft W a r-- 93(280) ri N C OY 1•••- Q/ CO PEAK HOUR SITE GENERATED TRAFFIC A.M. ENTERING = 122 YPH A.M. EXITING = 122 VPH P.M. ENTERING = 369 VPH P.M. EXITING =411 VPH LEGEND XXX = A.M. PEAK HOUR (XXX) = P.M. PEAK HOUR FIGURE 8. SITE GENERATED TRAFFIC WITH LOWER DENSITY LAND USES U30r1 "a1 TRAFFIC NGINEERINCG ONSUL PANTS TIMBERGATE STAPLES (1074)1404 --+ (35)12- - �''1(i o a1� N °NO w M CO CO N /M Y 4-- 7844 (14922 4--- 7844 (14922) _' 1i (0) 0 ( (1096)1382 (35) 12 - (68) 47 --Z 41 r ' 41 i rr fit-- 6 (4) 4. - 566(1279) 4- 175 (460) 0 01 N •-• 4.0 W c LEGEND XXX = A.M. PEAK HOUR (XXX) = P.M. PEAK HOUR FIGURE 9. PROJECTED COMBINED TRAFFIC WITH LOWER DENSITY LAND USES J 6309-01 •1'raftic lmuact Stucbr al � _induct t >nhe a J. ',itnc u:al a . 1 x ',O "1 <DC 1 itniiesteci t_ct: tit _dditic Ih.t ;dtt, ;5. 1 atti'c's tha t the re hies: of the Texas Department of Transportation v lua e the intersection of S. Staples Street and Timbergate Rd. tl C ,.;..,lion was for the intersection to be evaluated with a single ttnr. bans that arc recommended in the study. The second vait:lited with single exclusive southbound left true lane and a vcond condition the northbound and southbound traffic will se ', a:uatior.s are surrunarizecl m Table 5 below. tht tWO (.1( 17, O . as for Intel-se o shared t left late i;t order o evaiva1 ,> t s lit hasc.t the ,-salts of el, n -e setata; CABLE 5 ANALYSIS SUMMARY -1 pe of T:aftic Control NM Peak IIour PM Peak Hour ' Critical Movement lovrment Delay (iec, vett) Intersection Critica Movement Intersection LOS :raicat :Irz uefay Delay (seciveh) LOS lovcmeiu Delay iscc/ /vch) LOS Delay (sec/vett) I.OS CO\DI'TIO\ 1 - 2007 Projected Combined Traffic with Single S13 Left Turn Lane Ic '. 50.7 D WB -.. CONDITION 2 - 2007 Projected Cot Mined Traffic vith Single SB Left Turn Lane +- Left/Thru alberi; ate & Staples Signalized I sit :.tft 1 i Mbcrgat. & Staples Signalized SB Left 47.4 1 64.2 = K.- ,,C,0 uc 5 ecc::::; per cafes a .ieu.IL d inter,ectim. ocoe3,_5 the J± :`.. ,,:; 5C ar;,_is per _ l■ic:c tEa also printed our the above-mentioned conditions uhc: 63- 'or the t.. and hot is :t ,7ected qu ue lengths for each movement at the intersection for both of the The sou °lhbound left turn would be expected to have queue lengths of 486' .n. peak i ours 0 Condition 1 and 426' and 678' for the a.m. and p.m. peak onditio , 2, I espec: iveb, 1 E : alsc: 2rinted out the expected queue lengths for the exclusive dual thn apes recto rfle :des in this epor' f-c •r comparison purposes. With the exclusive dual left turn an s tie expecteci vette ler:gths vLou1 . be ! (7' and 23 i ' for the a.m. and p.m. peak hours, respectively. ,\.s you can see by ompar.r g the oral a s fo the intersection of S. Staples Street and Timbergate Road in Table 5 with those ,n Table 2, the ex _�ected operation of the intersection with the exclusive dual left turn `anes, is recommended in. this report, would be expected to provide for optimal performance at this intersection. T!hera.v ,printouts for the ca;3acity analyses and queue engths have been included in the appendix. 759 .tune 8, 2007 0 30'1 - �l Attachment; 8 TXDOT Response to Development and Street Improvements Tl )OT Response: Sorry about waiting until the last minute on the response to you but several folks are out of the office that we wanted to confir with prior to responding. We have quickly reviewed the information added to the TIA on page 13 with respect to the two scenarios that we had asked WalMart to look at. Based on their numbers TxDOT concurs with their recommended plan as Jeff Hamilton outlined beiow on his earlier email. We appreciate WalMart's willingness to work with TxDOT to address needed infrastructure to accommodate the proposed development. It would be wonderful if more developers were willing to do the same thing. As we discussed in the meeting last week, TxDOT (and the MPO) have a project geeing ready to kick -off that will look at congestion management strategies for Staples from Saratoga to Oso Creek including the introduction of raised medians to improve mobility and safety . There may not ultimately be enough existing right -of -way in the vicinity of Timbergate to accommodate all the turning movements that would be nice to have such as a right turn lane from southbound Staples onto westbound Timbergate as well as the dual left turns prarosed by WalMart. With that said, TxDOT concurs with the recommendations that are being made by WalMart at this time. Please let us know if you have any questions or need further information regarding this matter. Thanks. Paula Sales-Evans, P.E. Director of Transportation Planning and Development Texas Department of Transportation P.O BOX 9907 CORPUS CHRISTI, TX 78469 asa es()dot.state.tx.us PH: 361 -18 -2222 FAX: 361- 808 -2407 Attachment 9 1Level of Service Section of the Access Management Study ACCESS MANAGEMENT STUDY Prepared for Prepared by BW R In Association with SOLOSTON ENO/NEER/NG, March 2007 OS09701 Chapter 6 — Four Case Study Corridors CORPUS CHRIST! METROPOLITAN PLANNING ORGANIZATION, TEXAS 6.1 TRAFFIC OPERATIONS ANALYSIS METHODOLOGY A tralfFic operations analysis evaluates performance resulting from identified roadway characteristics and traffic volumes. This section outlines the methodology adopted for evaluating traffic operations for each of the four study corridors. The evaluation of intersections under existing traffic conditions utilized the established procedures and methodologies contained in the 2000 Highway Capadty Manual (HCM). These procedures and methodologies were facilitated using Version 7 of the Synchro program: The results of an HCM analysis are typically presented in the form of a letter grade tt Y provide a qualitative estimate of the operational efficiency or effectiveness The otter grade' determined by the HCM analysis is referred to as level -of- service (LOS). Much like an academic report card, LOS A represents high - quality operations (i.e., motorists experience very little delay or congestion) and LOS F represents poor operations (i.e., extreme delay or severe congestion) where traffic flow breaks down. Level of service at intersections is primarily a function of 'peak hour turning movement umes, "intraillaW_ Jane configuration, and traffic control.. For intersection ana ysls, the defines level of service in terms Q „ l,1"' tt i one irr-aeconds iser .yehide ' Control delay includes not only the stopped time at an intersection, but also the initial deceleration time, the moving time within the queue at the intersection, and the acceleration time. From the HCM, the level of service for signalized intersections is shown in Table 6-1. Wheie individual approach level of service is lower than the average level of service for the entire intersection, the individual approach level of service can also be improved through minor signal timing adjustments. In urban areas, state and local agencies :define the onset. of congestion as the LOS D/E For the purposes of this study, the index of congestion is defined at LOS E or worse. TABLE 6-1. LEVEL OF SERVICE THRESHOLDS FOR SIGNALIZED INTERSECTIONS Source: 2000 Highway Capacity Manual, Transportation Research Board For the case study corridors, traffic operations analyses were conducted for some key signalized intersections. The capacity analysis examined traffic operations during the weekday AM and PM peak hours, which has the highest traffic volumes of "average" conditions (note: "average" Q 106.0499 Corpus Chns6\O1- AMP\WPC\REPORTS,0430 -2007 Access Management Anal Report.doc Page 149 4301 -0 t l A 510 Free flow, minimal delays B >10 and 5520 Stable flow, occasional delays v >20 and 535 Stable flow, periodic delays i >35 and 555 Restricted flow, regular delays E >55 and 580 Maximum capacity, extended delays Forced flow, excessive delays F >80 Source: 2000 Highway Capacity Manual, Transportation Research Board For the case study corridors, traffic operations analyses were conducted for some key signalized intersections. The capacity analysis examined traffic operations during the weekday AM and PM peak hours, which has the highest traffic volumes of "average" conditions (note: "average" Q 106.0499 Corpus Chns6\O1- AMP\WPC\REPORTS,0430 -2007 Access Management Anal Report.doc Page 149 4301 -0 t Chapter 6 - Four Case Study Corridors CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION, TEXAS TABLE 6 -18 5 STAPLES ST CORRIDOR EXISTING INTERSECTION LOS - AM PEAK PERIOD Intersection Approadte4 Intersection Staples St, Saratoga Blvd MOEt" Overall Delay (sec) 53.6 LOS 0 EB 63.8 WB 51.2 E D Staples St Wooldridge Rd Staples St( Holly Rd" Staples Sr Williams Cr Staples St/ Moore Plaza Staples St/ SPID (south ramps) Staples St/ SPID (north ramps) Delay (sec) LOS 15.7 44.8 44.4 Delay (sec) LOS Delay (sec) i LOS Delay (sec) LOS Delay (sec) LOS g I D 31.8 ! 36.6 D 43.1 D D 45.1 37.8 54.4 D D D 11.7 36.3 42.7 B >80 D >80 D n.a. F Delay (sec) >80 LOS F Staples St/ McArdle Rd Delay (sec) LOS 38.8 C F n.a. i 57.0 E 39.9 36.3 0 D NB 57.4 E 10.0 A 27.0 C 62.2 E 10.2 B >80 F >80 F 37.3 D Si 35.1 D 11.4 B 28.4 C 18.2 B 11.0 B >80 F >80 F 21.2 C 1) MOE = Measure of Effectiveness 2) EB = Eastbound; WB = Westbound; NB = Northbound; SB = Southbound _05 = Level of Service TABLE 6-19 STAPLES ST CORRIDOR EXISTING INTERSECTION LOS - PM PEAK PERIOD Staples St/ Wooldridge Rd S, les. oily Rd Staples St/ Williams Dr Staples St/ Moore Plaza Stap +es St/ SPID (south ramps) Staples St/ SPID (north ramps) Staples St/ McArdle Rd Delay (sec) >80 >80 LOS aF F Delay (sec) 18.3 34.0 LOS B C Delay (sec) LOS Delay (sec) 37.4 40.7 LOS D D Delay (sec) >80 1 58.4 LOS F E Delay (sec) I _ 39.1 45.8 LOS D D Delay (sec) 27.2 n.a. LOS C Delay (sec) 46.8 51.9 LOS D 0 (1 MOE = Measure of Effectiveness (2 ) EB = Eastbound; WB = Westbound; NB = Northbound; SB = Southbound LOS = Level of Service 1E -1499 Corpus uhnst \01- AMP\WPC\REPORIS\0430-2007 Access Management Final Report.doC >80 F 13.9 B >80 F 40.3 D >80 F 19.0 B 55.6 E 28.4 Page 170 Chapter 6 - Four Case Study Corridors CORPUS CHRIST? METROPOLITAN PLANNING ORGANIZATION, TEXAS 6.5.2 Traffic Operations Analysis Findings The existing AM and PM peak hour turning movements were analyzed with the existing intersection geometry and traffic control. The results of the signalized intersection capacity analysis for each peak period are summarized in Tables 6 -13 through 6-14. Only the interchange of Saratoga Boulevard and Cimarron Drive operates at an acceptable level of service for both peak hours. TABLE 6 -13 SARATOGA BLVD CORRIDOR EXISTING INTERSECTION LOS - AM PEAK PERIOD 1 Pti,Et1r 1 °few" • MOEtk ' °wren Intersedicat Appcoadttr ES WS NE SR Sarah, Blvd/ Cimarron Dr -. 23.1 Delay (sec) 24.3 18.2 18.2 33.0 27.8 LOS C B B C C Saratoga Blvd/ S Staples St LOS F i Delay (sec) 53.6 63.8 51.2 57.4 35.1 LOS 0 7 E D E D Sara 31 verhert Rd D Delay (sec) >80 >80 >80 >80 52.1 LOS F 4 F F F D Sarat a Blvd /. Weber Rd j Delay (sec) 71.6 37.5 >80 65.4 65.7 LOS . E .1 in D F E E Saratoga Blvd / Bus 286 (east Ramps) 1 Delay (sec) 36.0 4.9 56.5 38.9 n.a. rLOS D A E D Saratoga Blvd/ Bus 286 (west Ramps) I Delay (sec) 41.0 37.5 4.0 n.a. >80 LOS D D A F } MOE = Measure of Effectiveness (2) L 5 = Eastbound; WB = Westbound; NB = Northbound; SB = Southbound LOS = Level of Service TABLE 6 -14 SARATOGA BLVD CORRIDOR EXISTING INTERSECTION LOS - PM PEAK PERIOD (1) MOE = Mousure of Effectiveness 2) ETS = EasSmund; WB = Westbound; NB = Northbound; SB = Southbound LOS * Level of Service 2006 -0499 Corpus Chnsti101- AMP\WPC' REPORTS \04 -30 -2007 Access Management Final Report.doc Page 162 Pti,Et1r 1 °few" • Saratoga Blvd/ Cimarron Dr Delay (sec) 25.0 22.2 23.1 27.0 30.0 LOS C C C C C Saratoga Blvd / S Staples St Delay (sec) >80 _ >80 >80 >80 >80 LOS F i F F F F Saratoga Blvd/ Everhart Rd Delay (sec) >80 _ >80 55.9 51.3 >80 LOS F; F E D F Saratoga Blvd/ Weber Rd Delay (sec) >80 >80 54.6 71.1 >80 LOS F -. F D E F Saratoga Blvd / Bus 286 (east Ramps) . Delay (sec) >80 >80 >80 43.8 n.a. LOS 1 F F F D Saratoga Blvd/ Bus 286 (west Ramps) Delay (sec) >80 >80 5.7 n.a. >80 LOS F i F A F (1) MOE = Mousure of Effectiveness 2) ETS = EasSmund; WB = Westbound; NB = Northbound; SB = Southbound LOS * Level of Service 2006 -0499 Corpus Chnsti101- AMP\WPC' REPORTS \04 -30 -2007 Access Management Final Report.doc Page 162 A L • tet 4 as ea G! G iii G G i tom- N ,T ` 'c-.1 ! C N j re rj' r O�.p n.1. V OI z with the remaining 20.2 acres in single Development on 13.4 acre L E O kn C■1 01 V M N 01 N 061 ("-11 b U E U CTS U Q E 011 crs Q.) .1 c c -v a) c}., y O~ C) U O N • • — N 4) • � U 7 • czt E Q o N c vi E U L U U F- w CPI U .fl V a) 'C O a. 0 .m Attachment 12 Ownership Map ANNEX A -2 MEA+CQESXI ESTArEs -1/SP/ ' 6-05 LAZA UNIT IT CROSSGA TE ANNEX CASE # 0307 -01 OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table Owners in favor Coryws Christi Hey X Owners in opposition ,Ms..aWO( or., DUO so <N U Coma wdN4Mw Uwe,. i 4 R 1Z0101413 CASE WS/O1 sae SUBJECT PROPERTY Attachment 13 Ownership List GAF AREA STIR Wry �s�os4aoo�c�gros�.. ^S5`E °48$Bs ;8 .'888a8x s E a 4; bh�o B 8v °So ? 8 11 111111t! 111 11111111111! a a��BZS�saaa <�cx F x xnF xx 111111111) Attachment 14 Comments Received From Notices and Other Responses Received COMMENTS RECEIVED PRf )M P(_BLIC NOTICES MAILED Case No. 0307 -01 Name & Pace (Walmart) Circled = FAVOR X = OPPOSED {Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Thirty -four (34) Returned undeliverable: Four (4) Total responses received as of 06/14/2007: Seventy -two (72) L Notices returned from within the 200 -foot notification area: Favor: #3- Athena Ltd., Jack Baker, CEO, 12741 Leopard St., 78410 oh: 361 - 241 -5165 (No comments) #7 -Scott Smith. Saratoga Palms. 700 Everhart #F -11, 78412 No comments) # 10 -Pat & Amy Nolen, 6857 S. Staples, 78412 (No comments) Opposition: ) II. Responses received from outside the 200 -foot notification area: Favor: 33 Bill Stark, bstarkgpunlpcalcs.com, (361)728 -3070 "Walmart at Timbergate should be allowed to proceed. HEB holds all South Texas a monopoly. We need additional options and Walmart is the only one willing and able to compete." Michael Smith, TRY Holdings, 600 East Las Colinas #1900, Irving, TX "This section of South Staples has become a retail district and continued development of retail and similar uses is necessary to support the continued residential growth of the south side of Corpus Christi." Public ('omments ase No 03((" -1 Page The Meadows Neighborhood Assoc., Gloria A. Krause. 2210 Meadowlight No comments) Dr. Jenny L. Mohundro, 7117 Carbondale, 78413, (361)850 -7904 "I did not find the e -mail for all the City Council Members, so you get my comment on the Super Walmart discussion. I am whole - heatedly FOR the new Walmart site. I have a real aversion to the HEB Plus and would like for HEB to have some competition in the area. [ have shopped at the Super Walmart on Greenwood and SPII) and found it to be a very good grocery store plus general merchandise center. if Walmart does not go into that space, something else will. I think we should all be braced for more and more retail traffic in the Southside area. no matter what develops in that space. Thanks for the opportunity to speak out: Ricardo H BenavidesCitizen, rhh ct urandecom.net. (361)- 693 -8701, "I wanted to convey my support for the proposed Walmart at Staples & Timbergate, In addition to the increased value to the tax base, the company will lower prices for consumers, provide funds for area non - profit organizations, and will create jobs. I trust the city will work with Wal -Mart to control the added traffic, since I live in the Brighton Village sub - division." Elizabeth Marshall, (361) 980 -0864 "I would like for you to vote yes for re- zoning the land @ Timbergate and Staples. I feel we need the added competition of Wal -mart to help bring down the cost of over priced items :u H.E.B. There is nothing wrong with good competition when it helps out the consumer, you and I." Martine Benazeraf, sbeciobaI.net, (361) 884 -8275, would like to see the new Wal -Mart supercenter at Timbergate open soon. That would give the people of C.C. choices where to shop. Lori Mladenka, "I would just like to write an email to say that I am in favor proposed new Wal -Mart on Timbergate. I am-in favor for two reasons, one is to alleviate traffic (in other areas of the City) and for Competition . I live in the Airline /Saratoga area. I know that some of the people who live closer to the proposed site are concerned about the traffic but they need to realize that the city is growing on the southside whether they like it or not. Everyone needs to stop looking at the little picture and Focus on the big picture. Sometimes I think Kohl's can be alittle expensive but I go there to avoid the traffic at the malls and moore plaza. If you live in Corpus you know that at Public t :omments Case Page Christmas time trying to get to Staples & Everhart at SPID is a nightmare. Your basically trying to get 300,000 people in a 10 mile radius. We need to let development spread out in the city. This would help alleviate some or the traffic problems we have here in Corpus . Is there truly any area on the southside that residents wouldn't be affect? Probably not I believe Wai -Mart is trying very hard to prove that they will do whatever it takes to help with traffic, noise and such. I believe that they will help Even though this area is not commercially zoned yet I'm pretty sure it will be. With this in mind, my fear is that if Walmart isn't allowed to go there someone else will. This someone else may not care as much for the community as Wal -Mart. My second reason of being in favor of Wal -Mart is to create competition for HEB. HEB has been a monopoly in the city for way to long. For people on the southside HEB is pretty_ much our only choice. We could go to Wal -Mart superstore but it's on the other side of town. However, if you just want to pick up a few things it unreasonable to spend the time and gas to go over there. It's easier just to go to HEB on Saratoga. The only CON I see is it being near the schools. However, I'm sure in other cities there is commercial development around schools. I know that criminals /predators can be around shopping's centers but they can also live in homes near schools. Why should it be just the cities responsibility to look after our children What about the parents responsibility? I have two children of my own that would go to those schools but I definiteiy will not let them wonder around outside the school grounds unsupervised. In my opinion there is alot more pro's than con's. Please take this into consideration." Debra Kendrick 'Stahl. (361) 992 -8901, delmardk "ciurandecom.net 1 am in favor of the Wal -mart at Timbergate. It will be good to have one on this side of town. Please forward this to the entire council." Marcia Gilbreath, 1726 Lesle Lane, Corpus Christi, TX 784 12 -4524 `'I am writing in support of the rezoning of the Timbergate and Staples area to support commercial use,jn.particular by Wal -Mart, As a resident of the south side for nearly 20 years, 1 have seen tremendous growth throughout this area. I believe that continued growth of the southside is inevitable and desirable; commercial businesses spur that growth. The particular intersection in question is undergoing a major commercial growth spurt with the new strip of stores and the current building in progress of Gold's Gym. Those opposing commercial rezoning in this area are a little late in their objections, and I suspect are in opposition only to Wal -Mart. I believe that Wal- Mart will be a positive influence on the area. They have addressed all arguments with sensitivity and innovative design. They have demonstrated their willingness to comply with the wishes of the local residents. I don't know what more that could be done by Wal -Mart than they have already don,. Personally, I would prefer not to have to travel to Greenwood and SPID to shop at a Wal -Mart Supercenter. I am looking forward to having more choices when I Pub1i. i omment rise 'sic.. 0307 -0 Page 4 shop for groceries. I sincerely hope that you will vote to rezone the area in question. and allow Wal -Mart to build there. Thank you." I.R. Corbin. j.r.corbin'a sbcglobal.nel "I seldom ever write 10 anyone proposing rezoning, HOWEVER THE PROPOSED WAL MART AT TIMBERGATE SEEMS LIKE A BIG STEP FORWARD TO THE SOUTHSIDE COMMUNITIES therefore We support zoning as commercial for the wal mart store. the jr corbin family" Mr. and Mrs. J.A. Luddeke, Biudde'ke a aol.com, '`Dear City Council Members, My husband and I are in favor of the Wal -Mart Super Center in the Timbergate area. We would appreciate your consideration in favor of this project. We do not believe that their would be a traffic flow problem or any other type of problem. We do need more businesses in our community and especially in the south side area. We believe a Wal -Mart Super Center would be a great start. Thanks for your attention." Jackie Lee. 512fi Cascade Dr. Corpus Christi, 78413, <jleeggrandecom.net> "Dear members of the City Council. I am writing in re. the Walmart proposed at Timbergate off S. Staples. My husband and I were at the meeting at Second Baptist Church which was very well run. All people who attended were given an opportunity to voice their concerns and ask questions. The staff from Walmart was very gracious and very informative. From what I have learned, this store would give the people on the Southside ( including us) another choice for grocery shopping and for other items as well, I also can see we will have growth along S.Staples no matter what. The effort that Walmart is willing to put into street improvements and traffic control is commendable. I do not think that other commercial entities would put as much effort into such a thing if they built in the same area. With the phenominal growth we are having in our area, there will be increased traffic no matter who builds there. We arc asking ou to approve the zoning to allow Walmart to build on S. Staples, Thank you for listening." Andrew and Pauline Wampler, (361) 992 -4161, Alt'AN I PLEB I STX. RR.COM "Our family is in support of the the proposed Super WalMart to be located at Timbergate and Saratoga . We would appreciate your support in the re- zoning vote on June 19th for this added business to ourcommunity. Thank you for serving our City." Cindy McAllister, randecom. net "Hello. I recently left a message with the Mayor's secretary. I wanted to give my support for new Walmart at Timbergate. While at the open house I heard some !'_iblic t °omment� ase \o. 0307 -) I Page very dumb reasons not to have a Walmart. The problem with Corpus Christ is that know one wants to move forward . The Valley was once smaller than Corpus Christi and now it is II-owing at a rapid pace. You are new to the city council and you ryere elected because -e needed some new blood in office Please don't let us down Traffic may or may not get bad...have these people seen San Antonio or Houston? People want boutiques well. I have a family and need low prices. Gas going up this could cut down on gasoline usage and it is better for the environment If Walmart comes in, it could help lower our over the top taxes our city has put on us. I pay so much on taxes and never see any improvements. Taxes also go to CCISD...like so many. I am disgusted and send my kids to private school. Some residents say the kids would not be able to ride bikes in that area.._what stupid parent lets a child ride a bike on Staples anyway? I heard a realtor say many people do not want to move to this area because it is congested. It that is the case. then why are so many house being built and being sold? l always ,ry to avoid going past Saratoga because it is much easier for me. I shop at. Kohl's. HEB (only grocery store) , Supercuts , Blockbuster, B & J Pizza and so on. We truly need a Walmart . I will pray that God guides you in the right direction and will gi \ e you the courage you need to make our city, Corpus Christi a better place :o lir r Mike & Jeanne Herring, 6908 Crosstimbers Drive, Corpus Christi, 78413 - 361j985 -9625 "Dear Councilman. We support and want the new Wal -Mart Supercenter at Timbergate." Wesley & Dorothy Herring, 4938 Chatfield. Corpus Christi, 78413 "Dear Councilman, We support and want the new Wal -Mart Supercenter at Timbergate." Daniel & Christine Puckett. 1802 Jordan, Corpus Christi, 78412, (361) 438 -8303 "Dear Councilman, We support and want the new Wal -Mart Supercenter at Timbergate." Douglas Breden. dougbreden5110@msn.com "would you please pass this mail on to the Mayor and City council? I'm firmly in favor of building the new Wal -Mart at Timbergate. that is about as urban an area as any in Corpus, with the HEB SuperCenter just across the road, and we could do worse than a Wal -Mart SuperCenter there. God bless. Doug" Public Comments Case No. 0307 -0 Page Ronald L. Ferribv, 6105 Queen Jane. Corpus Christi, 78414 ( 361) 993 -3318 "1 agree with the plan to have wall -mart build on Staples and Timbergate. Stand up for our rights to those os us who want this new store. Thank you." Marcial and Becky Saen7, bsaenz_msaenzsbcglobal.net "Thank you for listening to the people of Corpus Christi who are in favor of the new Wal -Mart Super Center at Timbergate. The southside is the fastest growing area in Corpus Christi! My husband and I support the business. competition and convenience the new Wal -Mart will provide in this area. The reasons are many, however, we feel confident that the City Council will consider the wishes of Corpus Christians who live, shop and support the area businesses. And this include the many out of towners who shop in the Corpus Christi area also. Thank you and may (rod guide each one of you through this crucial decision. We are grateful voters in District 5 who appreciate the opportunity to express our opinion " Pamela Piotrowski, 6206 Jessica Dr., Corpus Christi, Tedpam6 135 @aol.com "I am a the mother of two who lives in the Brighton Village development, located very close to the proposed Wal -Mart site on Timbergate and Staples. I have been inx olved in conversations with my neighbors quite often over the past few months, and we are excited about the prospect. First of all, Wal-Mart will offer us choices in products and services, as well as allowing us to save hundreds of dollars in our grocery bills. While the new HEB Plus giN es us an expanded selection now, their prices are very high (even higher than their original HEB stores) . I can tell you that I get very frustrated shopping them, due the fact that it is sometime impossible to shop the aisles, due to bottlenecking of shopping carts. One of my neighbors, in fact, is handicapped and confined to a motorized scooter, and often cannot complete his shopping due to this fact. I think we need and are entitled to a choice in our shopping needs, rather than be forced into a monopoly of sorts. I believe those opposed to the fact that traffic will be unbearable, needs - to drive Staples now.. NOW it is unbearable and a real potential danger. At any time, we will have a tragic, fatal accident here.... Wal -Mart is willing to fix the current situation, as well as prepare for future growth...HEB seems to have just built their store without any regard to traffic flow (ie -the side entrance to Staples is still dangerous, and remember when they didn't "consider" the effect of traffic exiting to and entering from Saratoga, and they had to change traffic flows after the fact ?). Wal -Mart seems to have already promised to be sure this is fixed BEFORE opening their store. Public Comment, ase 0307 -0 Page - Others are upset that :1 is going to be open beside an elementary school. I have a son wlto attends this school and I am excited. On walmartfacts.com, the company speaks about adopting a local elementary school (this one will most likely adopt Faye Webb)...which will allow them to donate thousands of dollars to that school and their attendees. giving them advantages to their education that they mght not have, given the current status of our educational system in the city Finally, the company 1S considering the neighborhoods surrounding them. They are promising a 900ft buffer area behind the store plus special lighting for their property. Look at those poor neighborhoods behind HEB Plus and the new Golds Gvm....no 900r there!!! If Wal -Mart is successfully blocked from building, who is to prevent someone else from building. ie Target, etc ? ?? And I seriously doubt that THEY will be looking out for the best interests of their neighbors...Wal -Mart has the entire nation watching them -I feel they will do the right thing in the neighborhoods in which they move. Let's give them a chance. Plus my wallet needs a break from those HEB prices.Thanks for your time." Bill and Jariath Hoffman. KS] r:.kker >u. _u ,m "Corpus Christi needs to continue growing. The Wal -Mart at Everhart is really dated and is a traffic mess due to the inability to turn left on Everhart when coming out of the WM parking lot. Please let us have a modern Wal -Mart Super Center at Timbergate. Staples is a wide street that is clearly an appropriate place for such commercial development. We travel that street frequently and do NOT think a Wal•Mart there will be a problem. Please do NOT deny many thousands of citizens the option of shopping at a modern discount store because a few dozen activists want Staples and nearby streets to have little traffic_ Thank you." Gael G. Smith, and Rose Gonzalez- Smith, 1802 Ennis Joslin Rd., #4214, Corpus Christi. 78412 "To Whom It May Concern: We cannot believe that their is any opposition to opening of a new Walmart at the Timbergate Shopping Center. Perhaps HEB wants to block out any form of competition. Walmart not only keeps prices low for middle and low- income households but also creates job opportunities in our city. This letter is to encourage the Corpus Christi Council to vote for the building of a new Walmart at Timbergate." Pith liL t 'omment ase N«. 0307-0; `':_age Frances & Gerardo Garza. t-<<arza25 stN.sr_.:um -M), husband and I are in favor of a new Super Wal -Mart on Staples. Please vote yes "- Isabel Ferrera. - abelIL)a athoo.cum "I support the support the Timbergate Wal- Mart". Debra Martinez. debram Vithemoneybo x.net "I WOULD LIKE TO VOTE FOR THE WAL- MART @ STAPLES AND TIMBERGATE. THANKS" Sheri Staton, 4702 -F Cedar Pass, Corpus Christi, 78413, (361) 850 -9286 "Good Morning. Mary, I would like my voice to be heard in support of the Wal -mart project at Staples /Timbergate. This center is needed in our area. Please pass this note along to the City Council. Thank you for your time in reading my comments." Mary Miller, maryf @themoneybox.net> "Please hear my voice. I would like to have a Walmart Super Center located on Staples and Timbergate It would be a great asset to the area." Judi Oestreich, 5514 Crossgate Drive North, Corpus Christi, 78413, j udi 1022'a?sbcglobal.net "June 12. 2007 The Honorable Henry Garrett Mayor , City of Corpus Christi, Texas And Members of the City Council: First let me thank you for taking the time to read my letter. I realize that each and every one of you has your plate full and time is a precious commodity. I appreciate you letting me take up some of yours today. I am writing in support of Wal -Mart and I further support the proposed plans to offer our community a new Super Center at Staples and Timbergate. I worked for over 36 years in -a- not - for - profit organization in South Texas that is recognized nationally and worldwide. I have dealt with this company on both a personal and a business level. I always found this company to be supportive of the communities in which it places stores. They truly live the good neighbor promises they make. It is simply prudent for the Council to negotiate and compromise with a corporation that will bring more jobs, and affordable health care, and other products to the citizens of Corpus Christi. I value. want, and expect choice when I shop . I cannot always get that in Corpus Christi. I also appreciate not having to travel far for Public Comments use;. 0307 -+)1 Page groceries Ice cream melts fast in this area in the summer time. The new HEB Pius is close by. but does not give me all the choices I prefer. Besides that, shopping is exhausting in that store the way it is designed. I am retired neAN and nave more time to shop. but I prefer not to spend hours on end in a gr:cery store. In HER Plus it's a necessity because when you realize you have for g=otten something on your list you must walk , what seems like miles, across and around the store to get that item. Wal -Mart at least separates the groceries from other products so you don 't have to walk around furniture o ou can enter a Wal-Mart, get groceries , and never encounter other products On the other hand, you can also enter a Wal -Mart get clothing, shoes , etc . And never trip over groceries. have read the Letters to the Editor in the Caller -Times and some of the statements are upsetting. That it might "ruin the neighborhood landscape" Winnie 6/9 ) is a !oke. Crash covered parking lots exist every place in our city and across America if the merchants do not have a crew to clean up after people who c ould care less about where they dump things. I visit the Wai -M art on Everhart often and I do not encounter a trash - covered parking lot. I believe their company does all that is possible to keep it that way. Will the City Council allow Wal -Mart to set a new precedent by building so dear schools and residential neighborho ods ?" (Ott 5/31) Come on now...... Are you all going to tell me there is no retail business in this town close to residential areas or schools? I must be blind. Many people have written to the newspaper to complain about traffic. The intersections at Saratoga/Staples and SaratogalWeber have been dangerous spots for years. Yes , even before the recent expansion of commercial business on the South side. It has become a take -your- life -in -\ our -own -hands situation to drive through these two dangerous intersections. Drivers in our city have a track record of trying to beat the red lights As we move forward and consider all the possibilities for solutions to improtie traffic flow on South Staples I sincerely hope the Council w i'1 also continue plans (beyond street cameras) to work on the behavior of our Local drivers. Wal-Mart is prom €sing to invest in street improvements. It is highly unlikely that others would do the same. "The population explosion south of this area is what brings permanent traffic. no matter what is done with this lot_" (Gomez 5 :27 I wholeheartedly agree with this statement. Some other business will be building in this area if not Wal -Mart. We have lived in the same house, just a coupie blocks from Staples and Timbergate, for nineteen years now. We have watched the growth and the added traffic problems with all the multi - family dwellings between Saratoga and Yorktown. The Kohl's shopping center development and -other business establishments came to the area also, then HEB Pius. I shop at them all and I drive through the tangled traffic every day of the week. And I still say, without reservations, I strongly support the Wal -Mart at Timbergate . I respectfully urge you to give favorable consideration to their proposals for the development and growth of our city as a whole. If you have any questions of me. please. do not hesitate to give me a call at the numbers listed below." Public ( omment case y.e 030' -() Page Kathy Kramer, Independent Consultant and District Manager, KBK5356 Z aol.com 'Mayor (rarrett. I would like to let you and all City Council to know that I and all my family members would love to see Warn-Mart build @ Timbergate and Staples. members. I have lived in the Lakes for 23 yrs and my husband's office is almost Holly and Staples and we travel the Timbergate and Staples area many times a day. The traffic is part of growth and Corpus Christi needs growth. Your city will either grow or die, nothing can stay the same. We also need other choices from HEB. They have a monopoly here, maybe deregulate them like electric co's. I think what Wal -Mart is doing for Parkdale Plaza is tremendous. Wal -Mart should receive an award for this one. What HEB does with their old is let it sit for so many years, become an eye sore and not let anyone else utilize it like Cullen Mall and Everhart/Saratoga, which will sit another who knows how many years. Wal -Mart is giving every area the opportunity to shop with them and never have to cross SPID. While I am writing to you I would also like to comment on the large retailsigns on Saratoga. HEB and Kentucky Fried Chicken are not complying with all others with their height. Luby's is questionable also. They all have the money to fix this. When you go to other cities and they all comply it sure keeps an area looking well groomed. Corpus could use some of this grooming. Thank you all for your time and all you do for this city.- redadairl!daol.corn 1 support the Walmart Super Store on Saratoga and Staples. I would appreciate your support as well... Chester and Myra Ingersoll, 8030 Marseille Drive, (361) 549 -8560 Next week you will have yet another opportunity to move Corpus Christi forward, In the past, for a very long time, our population's fear of the unknown has fostered vocal opposition to numerous projects that could help to move our city to a place where our children would like to stay and raise their families, not a place to escape from immediately after graduation . The squeaky wheels have had their way. The narrow- minded and special- interest groups have won out We have become a city of 300,000 with the facilities entertainment, and opportunities of one with 30,000. A large percentage of our population has never lived anywhere else. They don't know the opportunities that abound in other cities this size that we just don't have. This knowledge lacking, their government at this point needs to look after their welfare, the welfare of the general public, 10 make the right decision to benefit the general public -not satisfy only the Public Comments ( ase tits. 0307-n! Page special interests_ We could have had a Bass Pro Shop. We could have had an Outlet Mall. We could have had grand commercial and entertainment development. Special interest and limited vision killed most of these. Now WalMart wants to put in a southside SuperCenter at Timbergate. K.-Mart is gone, Kroger is gone. Albertson's is gone. We have only WalMart, one Sun Harvest. and 30 some odd HEB stores. Competition is good for capitalism, good i'or the consumer, good to keep the competitors honest. We need a nearby shopping venue to the large population that has accumulated in this southside area But the nearby residents group, and HEB, are lobbying against the projec. Almost everyone is in favor of progress , but just not in MY backyard. 1 eryone needs to realize that at some point, the property along Staples at Timbergate will be developed . No one else can compare to WalMart for financial backing. planning capability, and engineering power to do it right - - -to put in the infrastructure and cash to design and build it right, to minimize the impact on the surrounding area. No one else has such a capabilit> to keep up their investment, to clean and maintain it; no one else has such financial backing to stay open through the hard times so they can be there in the good times. Do your job and protect the interests of the general- public -move the City forward -make up for lost time. Approve the WalMart at Timbergate Public C omment.. t',Ase Nc 0307 -0 Page _ Opposition: 36 Petition: Twenty -nine property owners outside of the 200' radius signed petition and presented it to Planning Commission on March 7. 2007. (Attached) Mireles Elementary School, Josie Alvarez, Principal. 7658 Cimarron Blvd., 78414 ph: 361-991-2868 "Lack of appropriate infrastructure to support increased traffic patterns. Quality of life would change. Barclay Grove Neighborhood League, Woody Sanderfer, Jr., 7101 Gingerherry. 784 144. ph: 361 - 737 -2024 (No comments) Sandra Hobbs, 7530 Lourdes, (361) 980 -8325, "I'm opposed to putting a new Walmart at South Staples and Timbergate. It's the wrong fit, wrong retail for the area. It's just another ugly, big -box store and will create a traffic nightmare in the area. " Ronnie Van Cleave, ronnev sbcalobal.r.et, (361) 242 -8142 "I am opposed to the Super Walmart proposal at Timbergate and Staples. The traffic is bad enough now and will be a traffic nightmare if it is built at this location. Please put it somewhere else.- Farrah Norman, norma,n st r.cor, (361)- 985 -8225, "Please do not vote in favor of a zoning change on the land at Timbergate and S. Staples. This area is zoned residential for good reason with a brand new elementary school and lots of family friendly neighborhoods. We recently purchased a home in this area and did so because of the family friendly, design of neighborhoods in the area. The builders have done a great job in the layout of these neighborhoods to keep vehicle traffic to a mininum. Many children in this community walk and ride bikes to school. Changing the zoning on this parcel of land will surely kill this atmosphere. I have no problem with the front part of the S. Staples St. being commercial, but bringing a commerical zoning that far back into the neighborhoods will NOT boost city morale. Please do not zote in favor of this zoning change. There is LOTS of land farther south on S Staples St and toward the Crosstown that would be a great place for a new Super Wal -mart, there is not currently anything out that way and it could serve a greater purpose, including a faster building /developing trend. Thank you for you service and I believe that you will use good judgement in this area." Sarah Graham. 7005 Ashdown, (361) 991 -9114 "As a prior member of the Planning Commission, as a realtor of 40 years in CC, as a concerned citizen proactive for city growth, I must object to the site selection of Staples Street for a new WalMart Super Center. For those families who live in the subdivisions that will be impacted, there will be value impact as well as traffic congestion, noise, lighting, etc. For others who utilize Staples Street as a primar\ Crave. route from the outlying and adjacent areas, the increase in traffic Public Comment ase No. 0307-0' Page 1 congestion will be a major impact - all negative to the prudent development of Corpus C'hnsti's Southside." L. Winnie. ii „hotma.::ol;,. ph: 361 -985 -0996 "Mr. Mayor_ When considering economic growth for areas in Corpus Christi, please do not consider the shuffling around of current stores. A new Wal -Mart at Timbergate isn't necessary. It'll create much unwanted traffic, with or with out Wal -Mart's proposed solutions. For growth and development of the southside. let's bring in new and different types of businesses that we don't have in Corpus Christi that won't he supercenter or 24/7 venues with super sizes traffic problems. Please vote against the re- zoning of Timbergate and Staples. Please ask Wal -mart to choose ar area that is already zoned for them." III. Responses received from owners /applicants of subject area: ,Favor: 0 Opposition: (i H PLN- DIR''SHARED \Beverfvv2007 PC,P' BLIC OOMMENTS,0307- Ol.doc oFF ci-L( ca06 f Adit.c5 Aris4-14‘,\.oir ao7r7A-le4ok Petition Citizens against Rezoning @ Timber Walmart. Hearing date: March 7, 2 N me c€4& "PiC P14, Vcrd1, 7 or proposed Super Case # 0307-01 Address 1 11/.04 cfaczt442-#6.- c de, A z- ) ttilu-z- f Mary __5itryii A A ( k • (Lob eedA'c 00/ .61/7,-c c7 t : 7 10 ccat'At.-) 1/07 L' 4,0%.404 C! I 3 -3-91910 45'iry Dr • '7W/k/ 1j- Petition Ckizens against Rezoning @ Timbergate & Staples for proposed Super Walmart. Hearing date: March 7, 2007, Case # 0307-01 Npme Ti 1 6 ce4 ,7* )-1N, Address 3 silo' f>" — ---(-15.N\JTELLIA (51. 7 01 , ■ A "."1 . /7 " '1 Cf•CV L.. 1 L 0 ) ivJ 7 co(451 (t-4. 55; OC.s k NriEL LACi "IP PNiTE-LC CI 010 C,m+— '--crc,LA‘t(L . 7)f 3 7,44//e„ CV, -ci Trak kilt, if Petition Citizens against Rezoning @ Timbergate & Staples for proposed Super Walmart. Hearing date: March 7, 2007, Case # 0307-01 Nemec tAN_ ir) Address ?3 TttAbZir o '73 -Tun c-c o vvNI-7,e‘ c1:0 22 To),Y4t ° 7-;ocp CY 7 tle)47 (4/34. 7m/ Attachment 15 Planning Commission Meeting Minutes MIN UTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall \k ednesday — March 7, 2007 5:30 P.M. COMMISSIONERS PRESENT. R Bryan Stone., Chairman Rudy Garza, Vice Chairman Fred Braseltorr Milano L Fluerta Lon J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 5:4n p.m John C. Tame/ COMMISSIONERS ABSENT James Skrobarczyk STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode- Macon, Interim Assistant Director of Development Services /Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldar"fa, AICP, Senior City Planner Dan McGinn. City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary CALL TO ORDER — 5:30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. II. APPROVAL OF MINUTES February. 21. 200`° Motion for approval of minutes was made by V ice - Chairman Garza and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Skrobarczyk and Pusley being absent. I II. PLATS IV. NEW ZONING Case No. 0,07 -01 Johnson and Pace Incorporated: A change of zoning from a "R -IB" One - Family Dwelling District to a GeneralBusiness District District 1.6 acres out of hots 17, 18, 19 and 20, Section 11, Flour Bluff and li.ncinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive. Dan McGinn presented the above request involving approximately twenty -four (24) acres for a Wal Mart Super Center and nine (9) acres for commercial retail development. The proposed Wel -Mart Super Center will consist of a grocery center, general retail center, garden center, and an automotive center to be open 24 hours a day /seven days a week. The subject property is tiaeant with low density residential, a church and mini storage facility to the west, vacant uses to the east, and to the south vacant use consisting of a "B -1" Neighborhood Business District, and nni;u ( ommi, iu wl nu rua, _ 200- Page an "A- Apartment House District On the northwest corner of Staples Street and Timbergate, a Gold's gym is being developed. Access to the subject property will feature two full - access drn.vew s on South Staples Street and three full- access driveways on Timbergate Drive with lmbergate Drive pending improvement by the applicant once platted. The applicant is proposing a solid screen sound barrier for the rear property line adjacent to the residential zoned property Staff recommends approv al of this request for a "B -4- General Business District. Public hearing was opened. Erica Kizzy. 6917 Boardwalk, Corpus Christi. Texas questioned the notification area for notices. She stated she did not receive a notice and lives in Boardwalk Subdivision. Carla Frank, 6661 Bent Trail Drive, Corpus Christi, Texas stated that she lives behind the HER plus and is opposing this zoning request. Mrs. Frank stated there will be too much traffic in this area with the HEB Plus already causing a nightmare of traffic problems. Mrs. Frank stated their residence had been built twenty years ago never anticipating that a Wal -Mart would be built near a residential area. No matter how much road work is done, it will not alleviate the problem of too much traffic in this area with the hospital, strip mall and HEB Plus. This is unfair to the residents as the houses cannot be moved, traffic is unwanted and property values will be lowered. Wal -Mart can build in another area such as further south on Staples Street so people are not forced to be their neighbors. Please consider what this will do to this area. This is your chance to do what =s right. rim Humphries, ?909 Bishops Mill Drive, Corpus Christi, Texas stated his property hacks up to Cathy Street The biggest concern is the location to the elementary and middle school Now there will he a large business operation open 24 hours a day where there will be people hanging out near Webb Elementary. No one wants an airport looking parking lot and lighting system showing up in their backyards. The best solution for this property would be to build residential or a library in the south side of town. I was shocked to see where the location of the current library, is in Parkdale. I here is better use of this land. There are some other locations to look at for Wal -Mart Traffic on Saratoga Boulevard and Staples Street is difficult to get around as it is. I am asking, you to turn down this request. Michael Perez, 6001 Oriental Avenue, Corpus Christi, Texas stated his residence is located in the Boardwalk. Subdivision. The notification area has been poorly run and I did not know anything about it until last Sunday when a neighbor informed me of it. All of the neighbors spoke to were not aware of the rezoning request. Everyone agreed that this is not the location for this project and our property values will be lowered. When I purchased my home last March, I wanted a home in a high scale single family subdivision. With mixed use, it just brings property' values down. This area needs to remain residential. There are already' traffic problems on Staples Street and citizens are using alternate streets to obtain access into our subdivision. There have also been rumors regarding a Saper Target further down Staples Street along Yorktown Boulevard, Timbergate Drive is not a major roadway and the HEB Plus is a few blocks away. Many of my neighbors could not attend but wanted to share their concerns about having Wal- Mart built in this area. Please do not approve this zoning change. James Fritts, 6001 Baltic Court, Corpus Christi, Texas stated we relocated from California, and chose this area to build a home last August. I have two grandchildren who live with' me and chose the school district prior to moving here. The neighbors spoke to us and a petition has been signed from at least fifty people who are against it. I'ann.ng tinu[c (, 200' "ige Kent Schwartz. 6937 Boardwalk. Corpus Christi, Texas asked the Commission how they would consider a traffic plan tc r the back portion of this project. During school times, the back up of traffic in my neighborhood is several cars deep. The existing roads will not handle the increased traffic from Wa -Mart and the infrastructure is not sufficient to support 50,000 cars per month Faryce Croode -Macon stated that a current traffic count has been obtained for Staples Street and the developer will present some additional data in the presentation. The minimum standard for an arterial is 25.000 trips per day per TXDot information and the current count is at 2 ,000 trips per day along this section of South Staples Street. Sean Robertson. 7005 Spanish Wood Drive (behind Webb Elementary), Corpus Christi, Texas stated this is not organized development. A better idea would be to choose property down Rodd Field Road near Saratoga Boulevard for this development where there is not residential development. Along Staples Street. the zoning is very shallow and the businesses do not go very deep. This project will be going twice as deep. Scott Widick, 1 541 Besetta Court, Corpus Christi, Texas stated that Wal -Mart has a record of violations ranging from sexual discrimination, substandard wages, pricing out smaller businesses, destroying the environment, vacating locations to enabling Wal -Mart to lease or sell the property _ opposing competitors and unions, with 60% of their products being imported. losie Alvarez, 60'2 Baltic Court. Corpus Christi. Texas encouraged serious consideration regarding this request, to ook at the congestion on the south side of the city and do a research on the zoning. This area has been set at residential zoning and let us keep it that way. I did a lot of research prior to purchasing my home. We need an area that is quiet and the neighborhood does not want businesses in this area. Tim Dowling, 80 7 Villefranche. Corpus Christi, Texas stated his opposition for this case. ote for the bond elections but I am questioning whether this store is right for this location. The answer is no. This is one of the most intensive use areas in which to place this store and there is already a HEB Plus in the area. It' , difficult to travel to the HEB now because of increased traffic. If a typical traffic study was done, I would estimate there would be a 200 -250% increase. I avoid this area because of the increased traffic and do not see the need to make a decision that is going to lower the property, values There i, no reason to put this store in this location and with a 24 hour store there are going to be parking lot lights. 1 request that you exercise your moral fortitude to make this decision of no. phis decision k not hard. There is no positive development in this area. Erin Lamkin, 7005 Saar Court. Corpus Christi. Texas stated opposition for the case and questioned why does Wal -Mart need three Wal -Marts in this city This area needs a high school on the southside. Jack Cooper, 510 S. Staples Street. Corpus Christi, Texas stated opposition to the case. Mr. (' oper stated that the Planning Commission goes through years of master planning to control the development of the City. We are here for a zoning change. This area is zoned residential because the City planners planned it as a residential area. Our City has a habit of bending over to corporations. If you look at the land use along Staples Street, there is zoning that has gone commercial. Along Saratoga Boulevard, there is commercial. We do not need another zoning change so WalMart can bring in another store and bring blight and crime. WalMart has paid more fines than any corporation for pollution. sexual harassment, low wages, etc. Wal -Mart has more i'lannin <t ommissinr� •hruar _ .200' :e4 employees receiving Medi -card and state health care than any other corporation in this country. We do not need another WaI -Mart. The smaller businesses will not be able to exist. Please keep this area residential Stan Myers, 7006 Saar Court, Corpus Christi, Texas stated that my neighbors and I very much object to this request At every Wal -Mart, there are homeless people in the area and we do not need the trash that accumulates around the Wal -Mart facilities. Ruben Lomas, 6030 Timbergate Drive. Corpus Christi. Texas stated opposition to the request. I have children who play on Timbergate Drive which will not be possible if this Wal -Mart is built due to increased traffic. The project should he moved to another location so as not to endanger the neighbors. Aristeo Valdemar. 6029 Timbergate, Corpus Christi, Texas stated opposition to the Wal -Mart request. We hay e children that play on Timbergate Drive and the Wal -Mart will increase traffic. It took a couple of years finding our dream house and choosing to live in the Boardwalk Subdivision. My wife and I are opposed to this request. Jenifer Demchak. 7018 Tocken Court (Barclay Grove Subdivision), Corpus Christi, Texas stated my husband and I moved here last July. My husband is in the military and will probably be in this location for only three years We believe this project will really hurt the resale value of our home and our twelve year old likes to go on bike rides which could not occur that if the Wal -Mart is developed. 1 homas Lane, 70 4 Saar Court, Corpus Christi, Texas stated that a good portion of the nerghhors are going to put their homes up for sale if this rezoning goes through which will put a negative effect on the housing market. Ihis will change the characteristics of a good wholesome neighborhood steve Bowling, ; -45 Corsica Road.. Corpus Christi, Texas stated concern for the increase in traffic Mr. Bowling stated that one half of the neighborhood will back up to the lights. Jeff Hamilton. Engineer for Walmart, 1201 NW Rte. 281, Corpus Christi, Texas stated the seller of the property owns fifty -setien acres and Johnson and Pace are looking at purchasing thirty- four acres for this project In NoY ember, we discussed with the City what would be required to develop this project and were informed that a rezoning would need to take place along with platting. The entire fifty -seven acres is about 2.100 square feet deep and Wal -Mart is planning to rezone 1,250 feet of it starting at Staples Street and going east. This will leave 900 feet of buffer area between the property and the Boardwalk neighborhood and Webb school. There is a nineteen acre tract to the south that will also be a buffer. The surrounding front properties will probably be restaurants. There will be traffic. drainage, landscaping and lighting issues that will need to be discussed and addressed. All the problems with developing the property will have to go through a check and balance system and will have to get TXDOT and City approval such as drainage and all the concerns that come with the property. Also being proposed for this development will be a solid screen sound barrier along the rear. A traffic engineer has been employed to perform a traffic study to provide a traffic impact analysis as advised by the City. An estimate will be generated of the total number of cars that will visit this site. The number that will be included in our report is 1,641 cars per day which is spread out over a 24 hour time period. There will be a peak time in the morning and evening. In the evening the maximum should generate six hundred cars spread out between Staples Street and Timbergate Drive. What we are proposing to do regarding improvement to the streets is to construct right turn lanes off of Staples Street into the site. On 1'!annmg 'ommi io ��linur_� ;:brrrir. ? 1. 20C' P Age t imbergate Drive. we propose tv, lanes of traffic with one dedicated turn lane and a dedicated right turn lane off of 1 imbergate Drive and into the site. In addition, the existing signal at 1 imhergate Drive will be evaluated The rain water will be calculated to determine the amount of r in oti to detain the Ovate in a pore. 1 andscaping for this project will include landscaping on isles and art all the entrances Robert C ignac will be the landscape architect on the project. Regarding lighting. there will not h<w nuisanc lighting. There will be shielding lighting which goes straight .town toward the commeHal huilcfrnu. Commissioner Huerta stated the trontyard is Staples Street and the landscaping requirement 20'0 Timbergate Drive is the s,de yard. The current WalMart facilities have storage containers the hack section of the developments between Thanksgiving and New Years which is not very becoming. The Vval -mart on SPIT) has at least fifty containers at their location during this time. Regarding transportation traffic ,aunts will not address the heavy trucking distribution of the products coming into the store and how that affects the road wear and congestion. Vehicles and truck,, need to he addressed on how it will impact the roads. Regarding location, this is a site that fits the development. Tile but challenge is bringing this tremendous amount of business into this area Commissioner Puslev stated a giant building is different than smaller buildings. The general commercial business in the area is not open 24 hours a day as Wal -Mart is. The Super Stores do not depend on 1, )cal area ?usinesses so 1 do not believe the traffic counts add up. Sally Aiello, Wat -Mart Public Affairs Manager, Austin. Texas stated that Wal -Mart would tyke the opportunity to serve the ustorners in this community and believe this location would support a Wal -Mart Superstore. Wal -Mart is a market leader engineering new ways to reduce waste_ use of alternative :energy such as wind power and taking care of storm water to protect the environment. Wal-Mart partners on a nationwide basis to publicize the fluorescent light bulb. Regarding health are an. wage statistics the average wage is $10.31 which does not include 401K matches and stock incent :ve plans In lexas, there will be an increase of 400 new jobs. Wal -Mart g ves S 0,000 a year to local schools ano charities. Ralph Cobh. 390(1 Vandiniar, r :: orpus Christi, Texas stated groceries have been discussed and Wal -Mart is the only one that can compete with the groceries and the prices of HEB. I recommend strongly developing Wal -Mart in the area and having some competition for the HEB P €irs Leff Vinson. 701 Trantella Court, Corpus Christi, Texas stated there is enough traffic on ( orsica Drive as a thoroughfare going to Brockhampton Drive and during those peak hours with the increased traffic the children are coming and going from school. Christopher Joyce, 7001 Trantella Court, Corpus Christi, Texas stated his biggest concern is the traffic as well. There is a Ior of traffic that will be generated from the Gold's Gym and from the apartment complex built on Lipes Boulevard. There is also an apartment building that was built near Montana Mike's. \k hen (goo work. 1 have to use Rodd Field Road because of the traffic on Staples Street. not to mention the noise There is no benefit to changing this to a commercial properh. Faye Cobb. 5906 Vandimar. Corpus Christi, Texas stated that the main thing is that we all have to buy groceries and it should be a pleasant experience. At the HEB Plus, I have great difficulty even finding a place to park. It HEB Plus is the only one in Corpus Christi, they need to build more HEB's or have some competition and I think WaI -Mart would be great. Manning ilnute • ,,,,ruar _ , 200- e 6 Nelda Obav, 6921 Boardwalk, Corpus Christi. Texas stated that my backyard will face the A al -Mart traffic and the building itself t am a single parent and saved for this house for twenty-five ears. My concern is the noise level for this area. 1 question whether they have considered some ,,tner location. My back yard neighbors are cows and it is nice and quiet. Cimarron Boulevard is my .vav out and you an hardlv get out , >f that street. 1 do not know what the traffic is going to do. With A al -Mart there, I do not kaow 11 ha' it 1v 11: do to our area and there is a lot of road rage and that is one kind of problem that needs to be taken into consideration. There are other properties to look at down Saratoga Boulevard for this project Mary Sonia Taylor, 5906 Tapestry Drive. Corpus Christi, Texas stated that I am a single parent and want the best for our children. 1 am an educator and moved everything to be centrally located and as a woman like to shop. t do not mind having Wal -Mart as competition. It's just the wrong place for it. Dee Myers. 7006 Saar Court, (: carpus Christi, Texas stated that her backyard would be up against the WaI -Mart building and am opposing this request. I question whether they looked at other locations and. if so. what were those locations? When they chose a location, what did they look for? Was it because of the residential area? 1 am very concerned about the traffic issue. rim Humphries. 'x909 Bishops Mill Drive. Corpus Christi. Texas stated regarding the 400 lobs, they will be minimized when the weal -Mart on Everhart closes down. Regarding traffic, there will be shoppers coming from other locations such as Flour Bluff and the Island. There will be a loss =n real estate. Scott Widick, 13,41 Besetta Court, Corpus Christi, Texas stated even though the lighting is pointed down, that does not guarantee that it will not be seen. Name not given, questioned what the average checker or stocker made and how many hours does the average Wal -Mart worker work Are they all eligible for health care? I do not believe a traffic study has been done and that would have been important to be done prior to getting to this point_ .A study needs to be done n this area. 1 am not opposed to Wal -Mart just at this location. Regarding the traffic, if you take the 13.000 cars that were quoted, that equates to 541 cars per hour. It is not realistic to think that many cars will be generated between 11:00 a.m. to 6:00 p.m., so if you take _away those hours the numbers change to 764 per hour. The numbers are just not realistic. 1.astiv, 1 do not know why they just will not expand the store at Everhart Road and SPED. Tim Dowling, 8017 Villefranche, Corpus Christi, Texas stated the gyms are famous for generating large amounts of traffic Regarding the landscaping addressed by the applicant, this does not address the concerns that have been addressed here this evening. This project is way too big for this area. Please deny this -B -4" request. Name not given I am not opposed to the Wal -Mart Store as they bring jobs to our community. I prefer that it is done from another location however so as not to lower our property values, create safety issues for kids, etc. None of what the applicant is suggesting will prevent the increase of traffic flow. Ihev cannot prevent the noise or the lighting issues they will create. Please think about your own family and values when the decision is made. Jim Fritz, 6001 Baltic Court, Corpus Christi, Texas stated that they have presented numerous problems that would need to be overcome to build this project. The small businesses have attracted 3 Irmo i ommusR n Eiinut :brut:. ' I. 20(1_ ,_e local traffic which is already there. fhe Wal -Mart will bring other traffic. Regarding the sound wall, sound wails just put the sound somewhere else. Jack Cooper, 10 S. Staple,, Street, Corpus Christi. Texas stated if you are making S 0.00 /hour, the employ would not hav e enough money to put in a 401K plan nor afford the health .;are plan. The issue is will the problems that this development will create be worth the zoning ..:hange that you have to implement 1 say no and the zoning should stay the same. Leff Hamilton. Engineer for Walmart, 1201 NW Rte. 281, Corpus Christi, Texas stated when e met with C ire staff in November, Coo Staff was supportive of the case. A traffic study has been ,:ompleted as recommended by City stab-. but the report is not prepared at this time. This is not about developing Wal -Mart. It :s about whether it is appropriate to put commercial property this far back in t;h as location. at Conlan, 72 1 Crapemy rtle. Corpus Christi. Texas stated no matter what they can do to ercome an. traffic. they cannot prevent my property values from being lowered. Public hearing was closed. Commissioner Braselton stated in response to comments heard from the neighbors, no one is going to be abutting the WalMart property that are living in existing housing now at this location.. I think the big question is how deep a "B -4" General Business zoning can go on Staples Street. It is lust a matter of fact that this property will become commercial on Staples Street. The staff has a method of phasing the properties out of a holding patter zoning so we get the maximum protection for the single family homes I am concerned primarily how deep is too deep on Staples Street. I live down the street from this area and ' - :ave right across the street from a "B -4" General Business District development and 1 understand y our concern. In the interest of the growth of the southside _cmmunity, this probably going to be something that will happen down the road. Commissioner Martinez stated that he lives in Kings Crossing along Staples Street and the traffic is getting worse and worse. However, the request before us is this property adequate for a "B- t._ General Business District not whether Wal -Mart is going to be developed there. In view of that, I w!11 be voting for this rezoning Vice- Chairrnan Garza stated that he understands the neighbors concerns. The biggest positive factor I saw was that it would bring competition to HEB. I am an advocate of free trade. I do feel strongly about competition and I think competition between retail entities benefits the public. Hr that particular reason I think his would be a good idea. I do question how deep makes good sense off of Staples Street. This area will develop into commercial. The zoning process initially places property into farm rural and coverts property to residential. As arterials start to develop, those properties along the arterial eventually get converted from residential to commercial. That is just the process of planning across the country. Staff works very hard to balance the concerns of the citizens and the need for community to ha,e economic development. As needs grow, those areas see more and more traffic. fhe focus is what is for the greater good of the overall neighborhood growth taking the concerns of the local population into account. Often times, the development of their particular area turns out to be pretty good for the area and does not do everything to the community that they thought it would Commissioner Pusley stated it is a fair comment that this strip of land along Staples Street wall develop as commercial and it definitely will not be a residential home. The best hope for the neighbors would he a multi zoning project in the area. 1 am much more concerned with the depth of y;erpt of Planning Commi sr? Minu[es 20(- .4e 8 The project than the ion in of the "14 --1° General Business District as that is the direction that area is going Commissioner Huerta stated if residential development was not in the area, in all probability V al -Mart would not choose this location, This is a business decision. In part, the competition would be a good thing for the area. The big question is the location and that is the difficult part. If the end of Weber Road had been picked Vtirich is a primarily dead end street there probably would not have been this much opposition Commissioner Kelly stated agreement of many of the comments heard this evening and appreciated the citizen outpour of interest regarding this request. However, it is unrealistic to believe this parcel of land is going; to remain undeveloped Something commercial will more than likely be developed there Chairman Stone agreed to the potential increased traffic problem but believed this property %%ill be a commercial zoned proper\ Motion for approval of the ``B -4'° General Business District was made by Commissioner Martinez and seconded by Commissioner Braselton. Motion passed with a 5 -3 vote with ( "ommissioners Huerta, Pusley and Kelly noting no and Commissioner Skrobarczyk being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOHNSON & PACE, INCORPORATED, BY CHANGING THE ZONING MAP IN REFERENCE TO 33.6 ACRES OUT OF LOTS 17, 18, 19 AND 20, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-1B" 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 A REPEALER CLAUSE; PROVIDING A PENALTY; 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 Johnson & Pace, Incorporated, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 7; 2007, during a meeting of the Planning Commission, and on Tuesday, June 19. 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the Ckyy 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 33.6 acres out of Lots 17, 18, 19 and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast interzection of South Staples Street and Timbergate Drive, from "R -1 B" One - family Dweing District to "B -4'" General Business District. (Zoning Map 044033) (Exhibit) 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. HALE Q -DIR\ Shared \GaryS \agenda1200716 -19'. Ord- zoning030701 johnsonPaceWalmart.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. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. 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 finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and 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 19th day of June, 2007 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 14, 2007 Gary X11'' Smith Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi hi: \LE -DIR\ Shared\ GaryS\ agenoa12007 \6- 191Ord- zoning030701 JohnsonPaceWalma rt. doc Page 3 of 3 Corpus Christi, Texas day of __ 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth n the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Prisc is G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG+DIR \Shred \GaryS \agenda\200 716 -1 9 \Ord- zoning030701 JohnsonPaceWalmart.doc F... ,. 0 n 0. sc 7,t. 0 D r't .1/4 C'l ':; c,..: , 5.' u , ‹..› 1.,) ' ) Zi r): --: 0 co , t15 p c (.1 n :... 3._ :•J vt L.J v) CD fr: to o- a -_:, 2 c) 0 .--... ..2:, C.„) C-- 1.p. 0 LCD., u . 0' 0 .....-... .;, -.3 'CZ?) tri Lo 4, --z "r". Z:i t.z n cr c3: -....1.-. ,.._ >., 17- ---. ° ,..... c) :st (.) N r. ..: 0 0 _... „ , : - 2 p 1 c' V V:- 1— 0 L I( 4 .0 k .),.; "Z , ;64 °(:!, '5:Z 5C:D !: . 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