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HomeMy WebLinkAboutAgenda Packet City Council - 01/08/2008CITY COUNCIL AGENDA JANUARY 8, 2008 11:45 A.M. — Swearing-in ceremony of newly appointed Board, Commission and Committee tee member AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JANUARY 8, 2008 10:00 A.M. PUBLIC No TIC - THE USE OF CELLULAR PHONES AND SOUND A C TI A TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the council at approximately 12:00 p.m. or at the end of the Council fleeting, 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 infomiation pertaining to your subject, please present it to the City secretary. Si Listed desea dirigirse al Concilio y cree que su ingl s es limitad , habra un int rprete ingl s- espariol en togas las juntas de! Concilio pars ayudar e. 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 Pastor Kevin Jennings, Mount Olive Lutheran 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 Tern Melody Cooper Council 1l e m I e rs Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal Michael M Cutchon John B. Marez Nelda Martinez E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa 1. Approval of Regular ular Meetin of December 18, 2007. (Attachment # 1 Agenda Regular Council Meeting January 8, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Intergovernmental Commission sion on Drug and Alcohol Abuse G. EXPLANATION of COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. 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 Alva 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. JJJ.Yj4ANAGER'S REPORT Upcoming Items 1. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, F ESOLUTIONS ORDINA ICES AND ORDINANCES FROM PREVIOUS IOUS MEETINGS (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting January 8, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8, Motion approving the lease - purchase of one 1 Pierce engine pumper from Siddons Fire Apparatus, Inc., of Houston, Texas, for the total amount of $350,000, The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). This pumper will be used by the Fire Department. Funds for the lease - purchase of the engine pumper will be provided through the City's Ieae-- purchase financing program. Funding is available in the Capital Outlay budget of the Fire Department. Attachment # 3) 4. Motion approving the purchase of one 1 truck mounted excavator from Waukesha Pearce industries, of Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0065-08, based on only bid for the total amount of $243,737. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the Capital Outlay budget of the Maintenance Services Fund. (Attachment # 4) 5. Motion authorizing the City Manager or his designee to execute a Job Order Contra twithAlpha Building Corporation, of Corpus Christi, Texas, in the amount of $54,466 for HVAC Improvements at the Solomon Coles Recreation Center. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute a construction contract with Troy Construction, LLC, of Houston, Texas, in the amount of $324,068 for the rehabilitation of IH-371 Sessions Road 12 -inch Wastewater Line Project. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an Engineering Services Contract with Chiang, Patel & Derby, Inc., of Dallas, Texas, in the amount of $1 47,000 for a restated not to exceed fee of $1 97,000 for design, bicand construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill. (Attachment # 7) Agenda Regular Council Meeting January 8, 2008 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 8. Case No. 1107-02, Jimmy Williams: A change of zoning from a "R-1B" One - family Dwelling District to an 1-2" Light Industrial District, resulting in a change of land use from residential and commercial to light industrial on property described as 4.047 acres of land out of the west 21.6 acres out of Lot 1 of the W.O. Womack Farm Lots, located at the intersection of Saratoga Boulevard and old Brownsville Road. (Attachment # 8) Planning Commission and Staffs Fcommendatio: Approval of the "1 -2" Light Industrial District. ORDINANCE ANCE Amending the Zoning Ordinance, upon application by Jimmy Williams, by changing the zoning map in reference to 4.047 acres out of the west portion of Lot 1, Womack Farm Lots, from "R-1 B" One-family Dwelling District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 9. Case No. 1 107 - 3,_K nt_ ustin: A change of zoning from an "AT" Apartment- Tourist District to a "BD" Corpus Christi Beach Design District resulting in a change of land use from multi - family to tourist on property described as Brooklyn Lots 7, 8 and a portion of alley and street, Block 66, located on Timon Boulevard, approximately 145 feet north of Gulfspray Avenue. (Attachment#9) Planning Commission's Recomm nda ion: Denial of the "BD" Corpus Christi Beach Design District, and in lieu thereof, approval of an "AT SP" Apartment- Tourist District with a Special Permit allowing retail and personal service uses as permitted in the "BD" District, subject to a site plan. Staffs Recommendation: ommendation: Denial of the "BD" Corpus Christi Beach Design District. Agenda Regular Council Meeting January 8, 2008 Page ORDINANCE CE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Kent Austin, by changing the zoning map in reference to Brooklyn Lots 7, 8 and portion of alley and street, Block 66, from "AT" Apartment- Tourist District to "AT SP" Apartment- Tourist District with Special Permit; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS RESOLUTIONS, AND ORDINANCES: 10. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, establishing a $2.50 convenience fee for residential utility payments via Internet or Automated Telephone System; and providing for publication. (Attachment ## 10) L. PRESENTATIONS: Public comment will not be solicited on resenta ion items. 11. Presentation on the Erosion of the Shoreline Along Packery Channel (Attachment # 11) 12. Update on Corpus Christi Wireless Network rori (Attachment # 12) 13. Neighborhood Initiative Program (NIP) Progress Report for FY 2006-2007, the Model Block Program, and the Recommended NIP Project Sites for FY 2008 (Attachment # 13) 14. Update on Compliance Issues and System Reliability Related to the City's Water Quality Program (Attachment # 14) 15. Presentation by Horizon Centre regarding the Process Improvement Project Currently Underway in Development Services (Attachment ## 15) Agenda Regular Council Meeting January 8, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12 :00_ P.M. Q!AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLI. PLEASE LIMIT PRESENTATIONS TIONS To THREE MINUTES. IF YOU PLAN TO ADDRESS ESS THE COUNCIL NCIL DU ING THIS TIME PERIOD, IOD, PLEASE SIGN THE FORM FORMAT 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 tree que su ingl s es llm!tado, habra un interpmte in l s -espar of en !a rennin de !a junta Para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, C O NCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 15 NOT MEANT TO RESTRAIN A CITIZEN S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. _16. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-06-378, Juan M. Soliz v. City of Corpus Christi, in the United States District Court, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting January 8, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 ;embers 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. 17. MAYOR'S UPDATE 18. COUNCIL AND OTHER REPORTS P. ADJOURNMENT: T: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at /:1 _ p.m., January 2, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at vavw.cctexas.com after 7 :00 p.m. on the Wednesday before regularly scheduled council meetings. if technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 (LY S 4.1))1947 OPUS CR' Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Biock Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 18, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Teri Melody Cooper Council Members: Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon John Mare* Nelda Martinez `Arrived 10 :05 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Stelios N. Sitaras with St. Nicholas Greek Orthodox Church and the Pledge of Allegiance to the United States flag was led by Council Member Michael McCutchon. Mayor Garrett called for approval of the minutes of the regular Council meeting of December 11, 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: City Council's Youth Advisory Committee Maranda Roschetcky (Reappointed) Ryan Ashley Chapa (Reappointed) Carolyn Berthelot (Reappointed) Analicia Bangles (Reappointed) William Crocker (Reappointed) Horacio Villarreal (Reappointed) Mecklin Ragan (Reappointed) Marcos Bustamante (Appointed) Adriana Rios (Appointed) Antonie Bassett (Appointed) Amy Legamaro (Appointed) James Ragan (Appointed) Tori A. Thomas (Appointed) Liana Blanco {Appointed} Alfredo Andrew Zamora 111 (Appointed) Neerav Mangipudi (Appointed) Andrew Riley (Appointed) Marina Advisory_ Committee Robert Vega (Appointed) Dan Leyendecker (Appointed) John Adams (Appointed) Nils Stokzlechner (Appointed) Rakesh Patel (Appointed) Hal Suter (Appointed) Marie Adams (Appointed) Roy Pell (Appointed) Robert Cagle (Appointed) Park and Recreation Advisory Committee Coretta Graham (Appointed) Sylvia Samaniego (Appointed) Weed and Seed Steering Committee Frances E. Garza (Reappointed) Virginia Flewelling -Leeds (Appointed) Lori Gianotti (Appointed) Ruben Gonzales (Appointed) Minute — Regular Council Meeting December 18, 2007 — Page 2 Mayor for the City Manager's report. City Manager Noe said theoriginaldate discussed for the mid -year retreat were unavailable. He asked the Council to consider potentially changing the regular meeting of January 29th to the retreat should Dr. Ron Lewis be available. The Council concurred. Mr. Noe announced that on December 13th, Parks and Recreation employees Drew Martinez and Abel Sanchez received the "Unsung Hero" award presented by the Corpus Christi South side Rotary Club. Mr. Noe said the formal announcement of the 10 wireless hot spots would be made later this week. Mr. Noe stated that in an effort to solicit suggestions for the Bond 2008 projects, stations will be set up from January 7th through January le at the various senior centers; Corpus Christi International Airport; the public libraries; and a mobile site around the community. City Manager Noe announced the graduation of the current Fire Academy scheduled for January 4th at the Del Mar Richardson Auditorium and the upcoming holiday schedule for City services. Council Member Leal requested updates from staff on several projects. Mayor Garrett called for con ideration of the consent agenda (Items 3 13). Mr. John Kelley asked that Items 8 and 12 be pulled for individual consideration. Council members requested that Items 4, 5, 6, 7, and 9 be pulled for individual consideration. City Secretary Ch pa polled the Council for their votes as follows: 3. MOTION NO. 2007 -321 Motion approving the lease - purchase of mowing equipment from John Deere Company, of Cary, North Carolina, for the total amount of $207,888.08. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council H -GAC . The equipment will be used to maintain the fairways and putting greens at the Gabe Lozano and Oso Golf Courses. All items are replacements to the fleet. Funds for the lease purchase of the equipment will be provided through the City's lease - purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Are" 11. MOTION NO. 2007-329 Motion authorizing the City Manager to execute a Deferment Agreement with Stor of CC IV, LLC, (Developer) in the amount of $97,491.68 for deferral of construction of public water and wastewater improvements for Holly Park, Block 1, Lots 2, 3, and 4, located north of Holly Road and east of Kostoryz Road, in accordance with Section v.A.1b of the Platting Ordinance and waiving Section V.A. . bp) of the Platting Ordinance subject to receipt of an approved letter of credit. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'}. 13. ORDINANCE NO. 027542 Ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 91.253. (First Reading 12/11/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes - Regular Council Meeting December 1 , 2007 — Page Mayor Garrett opened discussion on item 4 regarding the purchase of portable radios. Mayor Garrett asked for the definition of sole source. Assistant Director of Finance Michael Barrera explained that several agencies use the Enhanced Digital Access Community System (EDACS) purchased from M/A-COM Private Radio Systems, Inc. and other radio systems can not be used. Mr. Barrera added that M/A-COM has only authorized Dailey -Wells Communications to provide sales and service of the radios. Council Member Leal asked questions regarding the Port Authority receiving taxpayer money. City Manager Noe clarified that the Port does receives various federal grants but does not receive local tax dollars. Council Member McCutchon asked questions regarding the price; the type of radios; and the utilization. Mr. Barrera said the radios were handheld and cost $750.50. Police Chief Bryan Smith said the radios are used by multiple agencies and covers the entire South Texas region and the Port area. Council Member Hummell asked if Dailey -Wells was the only manufacture of the system. Chief Smith that Dailey-Wells is the only authorized dealer. Council Member Elizondo asked for a list of industry users. Chief Smith stated that the Regional Transportation Authority, Nueces County, the Annaville and Flour Bluff Volunteer Fire, Ibtwn, Refinery Terminal Fire Company, Corpus Christi Independent School District; Portland, and the Port partiipate in the same radio system. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2OO7 -32 Motion approving the purchase of two hundred (200) portable radios from Dailey-Wells Communications, Inc., of San Antonio, Texas in the amount of $150,100. The award is based on sole source. Funds are available from the FY 2007 Port Security Grant 1061 Police Grants Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Mar z was absent. Mayor Garrett opened discussion on Item 5 regarding the lease purchase of curbside collection containers. Council Member Kelly asked if the containers were replacements and if all neighborhoods are on the automated system. Director of Streets and Solid Waste Jeff Kaplan said the new containers are for new homes and customers requesting additional containers or replacement units. Mr. Kaplan stated that the entire City is currently on the automated collection program. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2007-323 Motion approving the lease - purchase of approximately 4,270 curbside collection containers from Schaefer Systems international, of Charlotte, North Carolina, for the total amount of $221 ,442.20. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H-GAC). The containers will be used in the City's automated collection program. Funds for the lease- purchase of the curbside collection containers will be provided through the City's lease purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, nd Martinez, voting "Aye }'; Marez was absent. Mayor Garrett opened discussion on Item 6 regarding a permit to drill an oil and gas well. In response to Council Member Hummel!, Assistant City Attorney Elizabeth Hundley stated that the term "confiscation of properW is used as having denied the right to access. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 18, 2007 — Page 4 6. MOTION_ N . 2007 -324 Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company, of Houston, Texas, to drill an oil or gas well approximately three.and one half miles east of the Corpus Christi Marina in Corpus Christi Bay being State Tract 55 Well N. 7. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye''; Leal and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding Holly Road Pump Station Tank Inlet Piping. Council Member Hummell asked questions regarding the irregularity of the bid. Interim Director of Engineering Kevin Stowers explained that as part of the bid process, the bidder was required to provide a response to special provision information. Mr. Stowers added that Austin Engineering Company failed to submit the special provisions and their bid was declared irregular. Mr. Stowers said the City's provision on irregular proposals states that if the apparent low bidder did not submit the requested special provisions, the Council has the righttowaive any irregularities. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2007 -325 Motion authorizing the City Manager or his designee to execute a construction contract with Austin Engineering Company, Inc., of Austin, Texas, in the amount of $695,824.50 for Holly Road Pump Station Tank Inlet Piping. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting `Aye "; Marez was absent. Mayor Garrett opened discussion on Item 8 regarding a project management services agreement with Anderson Group Construction Management, Inc. Mr. John Kelley, 413 Wa o, asked ed if the amendment was for an unexpected increase in cost. Mr. Stowers explained that this item is not an increase in cost but a continuation in services for an additional approximately 13 to 4 month period. Mr. Kelley asked if Anderson Company was the company that manages the American Bank Center and Whataburger Field and how many times the costs were over budget. Mr. Stowers answered that this company was involved in those major projects and all the projects have been on budget. Council Member McCutchon asked the types of services that will be provided. Mr. Stowers explained that Anderson is performing project management services with some engineering services. Mr. Stowers added that the only way to administer the projects was with outside assistance. Dr. McCutchon asked questions regarding the number of engineers provided; the cost for the City to employee additional engineers; the number of years the Engineering Department has been understaffed; and how much the City has spent on outside engineers. Mr. Stowers said that the contract provides for two engineers and two non - engineers and that the City is trying to recruitment additional engineers for employment. Mr. Stowers stated that the engineering department has been understaffed for five (5) to six (6) years and the City has spent approximately $5 million between two contracts on outside engineering services. Council Member Hummell asked if Amendment N. 6 was anticipated and for how long. Mr. Stowers said the contract was anticipated because it is an annual contract and has been in negotiations since September. In response to Mr. Hummell, Mr. Stowers provided a list of services Minutes — Regular Council Meeting December 18, 2007 — Page provided with the contract. Mr. Hummell asked questions regarding the bidding of the contract. Mr. Stowers explained that most companies do design work and therefore have a conflict of interest. Mr. Stowers added that AGCM does not do design work and therefore is the only local company with that capacity. A brief discussion ensued regarding the conflict of interest. Mr. Hummell asked questions regarding the terms of the original contract and what projects are schedule with Amendment No. 6. Mr. Stowers said the original contract was for a 20 -month period and Amendment No. 6 would include work for most of the projects in Year 1 of the Capital Improvement Program (CIP) and completion of the Bond 2004 projects. Council Member McCutchon asked questions regarding the hiring of in -house engineers versus outside assistance and when the construction management services contract will be re -bid. City Manager Noe responded to the City's employment costs and outside contractual services. Mr. Stowers said that instruction from today's discussion is to go out for a Request for Proposal on the next contract. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION N . 2007 -32 Motion authorizing the City Manager or his designee to execute Amendment No. 6 for Project Management Services in the amount of $948800 for a restated total fee of $2,737,820 with Anderson Group Construction Management A CM Inc., of Corpus Christi, Texas, for various Capital Improvement Projects associated with the 2008 Capital Improvement Program and 2004 Bond Program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, and Martinez, voting "Aye "; Hummell and McCutchon voting "No"; arez wa absent. Mayor Garrett opened discussion on Item 9 regarding the South Guth Park Ball Field Relocation project. Council Member Martinez said Assistant City Manager Oscar Martinez would providing clarification on this item later to her. City Secretary Chapa polled the Council for their votes on Items 9 and 10 as follows: 9. MOTION NO. 2007 -327 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one - half of Lot 12, Section 31, Flour Bluff and Encinal Farm and Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Ball Field Relocation Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 10. MOTION N .2007 -328 Motion authorizing the City Manager to execute a Development Agreement with James Lee (Developer) to provide for the filing of a replat of portions of Lots 21 and 22, Block "H ", Flour Bluff Estates, contemporaneous with the construction of improvements on said property and waiving fees associated with the replat of the property. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Minutes — Regular Council Meeting December 18, 2007 — Page Mayor Garrett opened discussion on Item 12 regarding abandoning and vacating a tract of public right -of -way on Del Oso Road. John Kelley, 413 Waco, asked Council to reconsider adding a condition to the abandoning and vacating of this property to have the City retain the right to place a pedestrian trail. Mr. Hummell made a motion to amend the ordinance to identify the public right of way as a street. The motion was seconded by Mr. Elizondo and passed. 12. ORDINANCE NO. 027541 Ordinance abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public street right-of-way (Del Oso Road), out of Lots 6 -7, Section 16, and Lots 1- 3, Section 17, Flour Bluff and En final Farm and Garden Tracts, located west of the Ennis Joslin Road public right-of-way, and south of the South Alameda Street public right-of-way; subject to compliance with the specified conditions. (First Reading 12/11/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 24 regarding a performance based agreement and project agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc. (APAC). Director of Economic Development Irma Caballero provided a background of the project and the key terms of the agreement. Abel Alonzo, 1701 Thames, thanked the 4A Board for approving this proposal. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 027547 Resolution approving a performance based agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc., granting $400,000 in business incentives for the capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full -time and 67 part- time). The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 24.b. RESOLUTION NO. 027548 Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to APAC Customer Services, Inc., for a capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full -time and 67 part-time). The freging resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. Minutes — Regular Council Meeting December 18, 2007 — Page * * * * * * * * * * * * Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation. * * * * * * * * * * * Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Noy Shockley, 1901 Paul Jones, spoke regarding the City taking his property, Johnny French, 4417 Carlton Street, spoke regarding funding improvements at Packery Channel. John Kelley, 3621 Austin, thanked the staff and Council for their work on the Packery Channel Plan and spoke regarding the quality of attachments in the agenda da packet. Susie Luna Saldana, 4710 H k 1, spoke regarding input on agenda items not being allowed during the public comment section and asked the Council to consider moving the meetings t night. A brief discussion ensued regarding public comment. Jack Gordy, 4118 Bray, spoke regarding the amount of money for outside legal fees and having lights shining on the flag if the flag is flying at night. * * * * * * * * * * * * * Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the following public hearing: Public hearing and ordinance to consider raiving the 12-month waiting period to reapply for a change of zoning 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 Timbergate Drive. City Planner Shannon Murphy referred to a powerpoint presentation including a background of the previous zoning request; 2006 aerial photograph; waiting period between zoning change request; section of the zoning ordinance; changed conditions and new information; and information on the planned unit development agreement. Ms. Murphy added that should Council grant the waiver, the applicant is still required to submit an application for a change in zoning. Ms. Murphy said if the Council does not approv a waiver, the applicant can come back to the Council in March. Mayor Garrett called for comments from the audience. Tim Dowling, 871 Vill fran h , asked the Council to deny the request for a waiver and spoke regarding traffic, property values, violation of the master plan, and crime. An unidentified man said Wal -Mart would provide good competition. Carolyn Moon, asked the Council to stop granting waivers and special exemptions. Abel Alonzo, 1 701 Thames, spoke in support of the waiver to allow the public to hear the proposal Wal -Mart is recommending. g. Sara Graham, Chief Executive Officer for Group One Real Estate, said she doesn't support the Wal -Mart at Timbergate and asked the Council to not consider granting a zoning change. Evelyn Neimick, , 5709 Waterford, spoke in favor of the waiver and Wal-Mart. Michael Perez, 6001 Oriental Avenue, spoke in opposition to the waiv r request and Wal- Mart. Mr. Perez also requested that the request for a zoning change be heard in the evening. Minutes — Regular Council Meeting December 18, 2007 — Page 8 Curtis Lee, 6021 Timbergate, expressed concern with Wal -Mart being located close to an elementary school and being a hot spot for child predators. Sean Robertson, 7005 Spanishwood Drive, spoke regarding Wal- Mart's effects to the surrounding community and the change of zoning to the master plan. Bill Morgan, 6833 Whitewing, said the waiver should not be granted. John Kelley, 3621 Austin, said Wal-Mart would create a devaluation f wages and is not economic development. Marisa Dowling spoke in opposition to the waiver and products made by Wal -Mart. Donna Lee, 6021 Timbergate, spoke regarding noise and traffic in the residential area and not being notified of public meetings. Kurt Mayberry spoke in support of the waiver. Ken Brown, representative for Wal -Mart, spoke regarding the waiver pro ess, the changed conditions of the new application; roadway improvement; lighting; and the need for a southside location. Mr. Brown requested support for the waiver. Sally Aiello, Ill -Mart Public Outreach, said the company conducted telephone surveys for registered votes in District 5; three direct mail public meeting notices; newspaper ads; website and e-mail contact; and telephone town hall (conference call ) Council members asked questions regarding the Parkdale Plaza location; the depth of the proposed Timbergate shopping center and the proposed Wal -Mart building; neighborhood participation and outreach; telephone survey process; and public meeting notice distribution, Mayor Garrett stated that the public hearing on the zoning application forWal- Martwill be for a time certain on the agenda. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 027543 Ordinance to consider waiving the 12-month waiting period to reapply fora change ofzoning 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 Timbergate Drive. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Marez, voting `Aye "; Martinez voting "No"; M Cutch n was absent. Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following public hearing: Public hearing and Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison Wastewater Treatment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant Service Area in the 1963 Master Sanitary Sewer Plan forAreasAnnexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi. Deputy Director of Development Services Johnny Perales referred to a powerpoint presentation including the location and boundaries of the Phew Industrial Tracts Unit 1; the existing master plan; and the amended master plan. Minutes — Regular Council Meeting December 18, 2007 — Page 9 Council members asked questions regarding whether there are wastewater services west of Rand Morgan Road; services to the new school on Rand Morgan Road; the direction of the sewer line to allow waste to Greenwood Service Area; whether the amendment only included the 63 acre tract; additional tracts developed in this area that carry wastewater to a different treatment plant; if the CIP includes the new lift station; and whether the additional 1,400 linear feet of gravity sanitary sewer will allow for additional land for development. No one appeared in opposition to the zoning change. Mr. Elizondo 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. 027544 Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1 961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison Wastewater Tr atment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant Service Area in the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi, An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Eli undo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye' Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the following public hearing: 17.a. Public hearing regarding an amendment to the FY 2006 and FY 2007 Consolidated Annual Action Plans regarding the use of Community Development Block Grants (CDBG) Program funds for the Nueces Lofts L.P. project. Director of Community Development Daniel Gallegos referred to a po wr rpoint presentation including the background and original proposal for the Nueces Lofts L.P.; amended proposal from Nueces Lofts L.P.; map of the amended proposal; diagram of property; sources of funding; proposed budget; proposed pro forma: and recommendations. Mayor Garrett called for comments from the audience. Errol Summerlin, Texas Rio Grand Aid and representative of the Hillcrest Residents Association, said the association is against staffs recommendation and don't believe that this project is an eligible activity for CDBG funds. Abel Alonzo, 1701 Thames, asked the number of apartment accessible to the disabled and said he believed in inclusive environments. Norma Urban, Downtown Management District (DMD), said the DD board supported the project and spoke regarding the need for garage parking areas. John Bell, representative for Nueces Lofts L.P., provided a background of the development of the Nueces Building and the need for downtown development parking. Bill Hoover, Developer, spoke regarding the deed restriction for the parking lots and occupancy for the downtown area. Council members asked questions regarding whether the project complies for CDBG funding; amendd proposal: lease holder for the Ward Building; budget; annual lease payments; and improvements. Minutes — Regular Council Meeting December 18, 2007 — Page 10 Mr. Kelly made a motion to close the public hearing, seconded by M. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 1 .b. MOTION . 2007 -330 Motion authorizing the City Manager or his designee to amend the FY 2006 and FY 2007 Consolidated Annual Action Plan regarding the use of CDBG Program funds for the Nueces Lofts L.P. project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Mar , and Martinez, voting "Aye"; Leal voting "No". 17.c. M TI N No. 2007 -331 Motion authorizing the City Manager or his designee to execute a sales contract for property to be acquired by the City of Corpus Christi from Beach Center Corporation located at 501/513 Chaparral Street a.k.a. Lots 1-4, Block 11, Beach Portion, Corpus Christi, Texas (approximately 24,990 square feet). The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, M re , and Martinez, voting "Aye "; Leal voting "No". Mayor Garrett opened discussion on Item 18 regarding the timetable for the FY2008 Consolidated Plan and reaffirming the CDBG/Home Program objectives. Director of Community Development Daniel Gallegos said this item is to request the approval of the timetable schedule for the FY2008 Consolidated Plan /Annual Action Plan and re -affirm the CDBG /Home Program objectives and guidelines. Council members asked questions regarding the Planning Commission's previously involvement in the CDBG process and the date for the City Council public hearing. Abel Alonzo, 1701 Thames, thanked ed Mr. Gallegos and staff for a job well done. City Secretary Chapa polled the Council for their votes as follows: 18.a. !iQTION NO. 2007 -332 Motion adopting the timetable for the FY 2008 Consolidated Plan /Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marren, and Martinez, voting "Aye" 18.b. J!iQTION NO. 2007 -333 Motion reaffirming Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye". Minutes — Regular Council Meeting December 18, 2007 — Page 11 Mayor Garrett opened discussion on Item 19 regarding the storm water utility system and design concepts for new water and storm water rates. Assistant City Manager Oscar Martinez referred to a powerpoint presentation on storm water including the purpose of the presentation; management; regulation requirements; funding; other cities approaching the issue; utility funding recommendations from the Duncan Report; new funding mechanisms; Local Government Code funding considerations; other Texas cities' charge methods; design considerations; Option 4 — Tiered Rate and per SF Large Commercial; Option 5 — Rate Per Equivalent Residential Unit (E RU); sample bills for Options 4 and ; caveats and other considerations; exemptions; and credit and other considerations. Tony Bagwell, HDR Engineering, referred to a powerpoint presentation on water utility including factors affecting class and rate distinctions; customer classification; existing monthly minimum charge and meter ratios; recommended minimum charges; residential use patterns; proposed changes for block restructuring; redesigning of rates; recommended cost reallocations; recommended ded ra r water and treated water volume rate per 1,000 gallons; and sample bills. Mr. Martinez provided a brief summary of the water and storm water rates including the overall utility funding issues; comparison of new water and storm water rates; comparison of current rates with options 4 and 5 for residential and commercial; and next steps. Support and Education Services Superintendent for storm water Adria Schreiber -Garza provided a spreadsheet to calculate sample billing. Council members asked questions regarding land use coefficient data; con listed for Option 4; net effects; impervious cover factors; exemptions; water delivery fees; treated water outside city limit (OCL) customers; declining block rates; increase in cost to inside city limits (ICL) large volume users; increase in lower consumption level; outreach from the commercial community; estimate of funds collected out of water fees for storm water; projected cost for storm water capital improvements; cost for operating storm water; funds generated for Option 4 or 5 from commercial use; recommended option; advantages for separating storm water; implementation; how much of the storm water budget was related to new development versus old development; impact fees; land use categories; other cities that have imposed impervious cover charges. Mayor Garrett called for comments ment from the audience. John Kelley, 413 Waco, spoke regarding impervious cover. Mr. Marez made a motion to amend Section 3 to incorporate the following language, "approving option 5 as the design concept for a new storm water rate structure'}. The motion was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 027545 Resolution declaring intent to establish a Storm Water Utility System for implementation in FY 2008 -2009; and approving the design concepts for new Water and Storm Water rates. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye's; Cooperwas absent. Minutes — Regular Council Meeting December 18, 2007 — Page 12 Mayor Garrett referred to Item 25 regarding the Work Source Quarterly Report. Mary Ann Ri ja , President/CEO of WorkSource, referred to a powerpoint presentation including board membership, requirement and responsibility, Coastal Bend representation; service delivery; investment in the Coastal Bend; maximizing ing training investments; activities; the facility at Sunrise Mali, characteristics and affects to the labor force; location of jobs; and challenges and opportunities of the workforce. Mayor Garrett referred to Item 26 regarding the Downtown Tax Increment Financing (TIF) Zone. Director of Economic Development Irma Caballero referred to a powerpoint presentation _ including pictures of the negative and positive aspects of the downtown area; downtown redevelopment committee recommendations; vision statement; designs and plans; infrastructure; policies and strategies; business development; marketing; organizational structure; options for a financing plan; County partnership; City/County TIF Partnership; boundaries of the TIF area; estimated downtown T1F revenues for the City; estimated revenues for other taxing entities; TIF process; 380 agreement; potential downtown TIF projects; downtown facts; strategy; and requested Council action. Council members asked questions regarding the street located on the west side of the boundary; residential area; whether the majority of the growth based on the proposed TIF is generally commercial; management of the T1F; County participation; business incentives; revenues should the County not participate; vacant building ordinance; 380 agreement limitations; and members of the board of directors for the TIF. Ms. Leal made a motion directing staff to place a Downtown TIF on the agenda on January 29, 2008. The motion was seconded by Mr. Kelly and passed (Cooper absent). Mayor Garrett opened discussion on Item 21 and 22 regarding the Garwood Water Supply. John Wolfhope PE, Freese & Nichols, referred to a powerpoint presentation including the history of the Garwood Water Right; overall project approach; project background and and status; Phase 1 approach and options; screening criteria; options carried forward; Option Garwood Town Canal to West Mustang; Option 5 considerations; Phase 2 approach; Phase 2 results and recommendations; next steps; benefits; and Phase 2a & 2b tasks and schedule. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION N O. 2007-334 Motion authorizing the City Manager or his designee to execute Amendment N. 2 to an Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas, in the amount not to exceed $911,997 for the Garwood Water Supply Pipeline Routing Plan Phase 2A Services. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and Martinez, voting {`Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 20 regarding the FY2008 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Martinez said staffwould come back to the Council in late January to consider the option of reinvesting additional dollars in the street program and the final CIP presented in May. Minutes — Regular Council Meeting December 16, 2007 — Page 13 Council members asked questions regarding the inclusion of Robert Street and the street and drainage improvements to Citation Street. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027546 Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (First Reading 12/11/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper ra absent. Mayor Garrett opened discussion on Item 23 regarding Turner Industries. City Manager Noe announced that Item 23 was withdrawn at the request of the developer. 23. WITHDRAWN * * * * * * * * * * * * * Mayor Garrett referred to the Item 27 regarding the Packery Channel Development Plan. Project Manager Dan McGinn referred to a pow rp int presentation including the background of Packery Channel and the project; Corpus Christi lease area; aerial view of plan area; Packery Channel Development Plan map; next steps; and the proposed development areas. Council members asked questions regarding New Port Pass; boat ramp facility; funding sources; dredging costs; erosion control; and additional navigational aids. Mayor Garrett referred to Item 27 regarding a presentation on the FY2006-2007 Neighborhood Initiative Program (NIP) Progress Report, Model Block Program Update, and FY 2408 Recommended NIP Project Sites. City Manager Noe said the presentation was postponed to January 8th. * * * * * * * * * * * * * Mayor Garrett called for Council concerns and reports. Council Member Hummell spoke regarding the chicken situation and a pothole in front of the Shutters Building on Winnebago Street. Council Member McCutchon reported a pothole on Ocean Drive between Marina Del Sol and the Spohn Pavilion. Dr. McCutchon requested information on the Development Services Advisory Group (DSAG) including the creation; charter; duties; and scope of power for the group. Dr. McCutchon asked questions regarding the City diverting effluent out the Whitecap Treatment facility. Council Member Leal wished the public Merry Christmas and Happy New Year. Ms. Leal thanked the city employees who assisted her on issues and complaints over the last seven (7) months. Minutes — Regular Council M ting December 18, 2007 — Page 14 Council Member Marez Mar spoke regarding the graffiti house on D f rr st Street and Sw ntn r Drive. Mr. Marez also wished the public Merry Christmas and Happy New Year. Council Member Martinez asked staff to follow up on an issue with Cathy Jones with Arrow Signs. Ms. Martinez thanked Police Chief Bryan Smith and Commander David Torres for dealing with a traffic and safety issue at a Westside school. Ms. Martinez thanked Interim Director of Engineering Kevin Stowers for assisting a resident on Sarita Street. Ms. Martinez wished a Merry Christmas and safe holidays. Mayor Garrett wished the public a Merry Christmas. Mayor Garrett said he looked forward t working with the Council in 2008 to develop the 2008 Bond package. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6 :50 p.m. on December 18, 2007. 2 a. INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE — Three vacancies with terms to 8-19-09. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION: Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jesus S Molina 9 8 88% Jean leberry 9 9 100% William Strawn 4 2 50% OTHER INDIVIDUALS EXPRESSING INTEREST David Berlanga Vidal J. De La Cerda Pincer /lanagrinesIvlrC, Maker Capital Group, Fung Shui Lounge, Sang&Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public Administration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9-18-07) Youth Services, Worksource. Retired Captain, Nueces County Sheriff's Department. Activi 3 Requested Council Action: 01/08/08 Alternate Council Date: 01/15/08 AGENDA MEMORANDUM RECOMMENDATION: N: Motion approving the lease purchase of 1 Pierce engine pumper from Siddons Fire Apparatus, Inc., Houston, Texas for the total amount of $350,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council H -GAC). This pumper will be used by the Fire Department. Funds for the lease purchase of the engine pumper will be provided through the city's lease /purchase financing program. Funding is available in the capital outlay budget of the Fire Department. ************************************************************************************* BACKGROUND: Purpose: The engine pumper will replace an existing unit within the Fire Department to maintain the service within the community. Basis of Award: The engine pumper will be purchased through the cooperative purchasing agreement with FIGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. Siddons Fire Apparatus, Inc. will be the delivering dealer on this equipment. Funding: Stations Lease Purchase 1020 -1 2010- 530190 FY 07/08 (1 month) $6,3828O Financing for the equipment will be funded through the City's lease/ purchase financing agreement for a sixty month period. The estimated interest rate is 3.6%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $76,593.60. The total cost for the equipment, including the principle of $350,000 and interest of $32,968.00 is $382,968.00. Mic - {F. Barrera Assistant Director of Financial Services CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI-0089-08 BUYER: MARIA GARZA ENGINE PUMPER SIDDONS FIRE APPARATUS INC. HOUSTON, TX Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1. Pierce Custom Contender 1 unit $350,000.00 $350,000.00 Engine Pumper, 1500 GPM Total $360,000.00 4 Requested Action : 1/08/08 Alternate Date : 1/15/08 AGENDA MEMORANDUM M R C MM ATION: Motion approving the purchase of one truck mounted excavator from Waukesha Pearce Industries, Corpus Christi, Texas in accordance with Bid Invitation No B1-0065- 08, based on only bid for the total amount of $243,737. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the capital outlay budget of the Maintenance Services Fund. ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The excavator will be used by the Storm Water Department to maintain drainage ditches throughout the City. Award Basis: Only Bid The City has been utilizing this type of equipment for excavation purposes over the past twelve years. It is unique in that it combines the versatility of a heavy duty truck with the excavating capabilities of a large industrial tractor. It eliminates the need of a transport trailer and allows the operator to position the unit in relatively confined work areas. Waukesha- Pearce Industries, Corpus Christi, Texas is the local distributor of the Gradall excavator for this region and will be the delivering, service and warranty dealer for the City. Price History: The last purchase of a similar type of excavator was in 2006. The unit price at that time was $248,840. Funding: Maintenance Services Fund 550020-5110-40120 Michael arrera Assistant Director of Financial Services $z43,737 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: s MICHAEL BARRERA January 8, 2008 BID INVITATION NO: BI-0065-08 GRADALL ALL TF UCK MOUNTED EXCAVATOR Item Description Qty. Unit Waukesha-Pearce Industries, Inc. Corpus Christi, Texas Total Price 1 GradAll Truck Mounted Excavator, Model No. XL3100 1 each $243}737.00 5 AGENDA MEMORANDUM City Council Action Date: January 8, 2008 SUBJECT: Solomon Coles Recreation Center HVAC Improvements (Project No. 4354) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $54,466 for HVAC improvements at Solomon Coles Recreation Center. ISSUE: The City of Corpus Christi Parks and Recreation Department plans to relocate and expand its services into Solomon Coles Recreation Center in spring of 2008. The Recreation Center will offer a variety of recreation and athletic activities including after- - school programs and summer sport camps for participants ages 5 to 17. The Corpus Christi Independent School District has agreed to provide this space as part of improving opportunities for the families and residents in the area. This relocation and renovation project provides a safe and quality of life improvement for the staff and children participating in various programs. This project is funded under the Community Development Block Grant CG Program and replaces outdated and inefficient window air- conditioning units with a new efficient centralized HVAC system. FUNDING: Funding for this project is available from the FY 2007 CDBG Program. RECOMMENDATION: Staff recommends approval of the motion as presented. /we-Sally Gavlik Director of Parks and Recreation Interim Director of Engineering Services Kevin Stowers 1)17-77/7 Additional Su • .011 Material: Exhibit "A" Background Information Exhibit "B" Location Map HAUSERS2NHOMEIVELMAPXGENTARKS & REC143 4 SOLOMON COLES HVAC\A ENDA MEMO AGENDA BACKGROUND INFORMATION SUBJECT: Solomon Coles Recreation Center HVAC Improvements (Project No. 4354) PQLDCRIPT!ON: The proposed project consists of installing four each split heating and cooling systems with 4-ton cooling and I OkW electric heat, sheet metal duct system with internal liner, air devices for supply and return, electrics as required for new HVAC units, HVAC control devices (thermostats) and control wiring; build approximately 3' X 3' closet along outside wall of each classroom to house inside portion of split system. CONSTRUCTION SCHEDULE: The project is to be completed within 80 days of commencement, or by mid -April 2008. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost- effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: • Allows a better defined scope with cost for the customer. • Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. • Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. • Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. On January 3, 2007, the City of Corpus Christi issued an RFP (2007-01) for JOC contractors. This enabled the City of Corpus Christi to more effectively target local contractors, including minority /minority business enterprises and HUB contractors. It also avoided the pass- through fees associated with the Texas Cooperative Partnering Network (TCPN). HAUSERSZHOMEWELMAPAGENTARKS & RE 14 54 SOLOMON COLES EIVAMAGENDA BACKGROUND Sic contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 The first project to utilize the services of Alpha Building Corporation under the JOC format was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and CDBG- funded project which was approved by the City Council on April 10, 2007. A similar contracting technique was approved by the City Council in September 2005 under the Texas Cooperative Partnering Network (TCPN). Fire Station No. 13 and Kiwanis Softball Field Improvements (both Bond 2004 projects ) were successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio. PRIOR ADMINISTRATIVE ACTION: 1 January 3, 2007 — Distribution of Request for Qualifications (RFQ) No. 2007 -01 Job Order Contracting. 2 January 29, 2007 — Distribution of Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007 -01 Job Order Contracting. HAUSERSZHOMEWELMAMGENTARKS & REC\4354 SOLOMON COLES HVA AA ENDA BACKGROUND File ■ \Mproject u dfl !bits Ah r . NUECES BAY rp 40* �8 1 AGNES LOCA TION MAP NOT TO CAL PROJECT LOCATION 924 W/NNEBAGO ST CORPUS CHR/ST/ BAY PROJECT # 4354 VICINITY MAP NOT TO SCALE EXHIBIT 'B' SOLOMON COLES RECREATION CENTE' HVAC IMPROVEMENTS CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12- 19-2007 EMS w 6 AGENDA MEMORANDUM DATE: January 8, 2008 SUBJECT: lH 37 sessions Road 12-inch Wastewater Line Rehabilitation (Project No. 7377) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Troy Construction, LLC from Houston, Texas in the amount of $324,068 for the rehabilitation of IFS 37 Sessions Road 12-inch Wastewater Line Project. ISSUE: The proposed project will replace and upgrade a deteriorated 8" ductile iron wastewater line that runs under 1H 37. The existing wastewater line is beyond its serviceable life. The new wastewater line will be upgraded to a 12" PVC line with a 20" steel casing tine. The new line and casing will be installed by boring under 1H 37. The project was bid on December 5, 2007; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Wastewater Capital Improvement Plan (CIP)Budget. RECOMMENDATION: I: Staff recommends approval of the Motion as presented. Fo r Cro : 1, i U er citsuki C41 Kevin Stowers, 12/23/62 Di1`ector of Wastewater Department Interim Director of Engineering Services Additional suu p rt Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H:1U tR 21HOME\VELMAP1 ENIWA TEWATERl7 77 IH 37 SESSIONS ROAD1A ENDA MEMO BACKGROUND INFORMATION SUBJECT: III 37 Sessions Road 12 -inch Wastewater Line Rehabilitation (Project No. 7377) PROJECT BACKGROUND: This project was authorized by the City Council through the Programmed Wastewater Line Life -Cycle Replacement Project. Under this project lines in the most deteriorated condition and those creating the most severe maintenance issues will be replaced first. This section of line has reached the end of its serviceable life and requires replacement. PROJECT DESCRIPTION: The project consists of boring and installing approximately 403 LF of new 12" PVC at approximately 16 foot depth with two new 5' diameter wastewater manholes. The section of the new line within TX DOT Right of W ay is approximately LF and requires the 20" steel casing. The project will also require connection to the existing system with rehab of one existing manhole and connections, by -pass pumping, and traffic controls together with all appurtenances, in accordance with the plans, specifications and contract documents. BID INFORMATION: Bids were received on December 5, 2007 with four bidders submitting a bid proposal. The bids range from $324,068 to $381,460. The engineer's estimated cost of construction is $345,059. The low bid was submitted by Troy Construction, LLC of Houston, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, Maverick Engineering, Inc., and City staff recommends that the construction contract be awarded to Troy Construction, LLC in the amount of $324,068 for the IH 3 Sessions Road 12-inch Wastewater Line Rehabilitation Project. TIME OF COMPLETION: The contract provides for the work to be complete within 60 calendar days of notice to proceed. H:\U ER 1HOME1VELMAPI EN1WASTEWATER 7 77 I1 37 SESSIONS ROADAGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: IH 371 Sessions Road 12 -inch Wastewater Line Rehabilitation (Project No. 7377) PRIOR COUNCIL ACTION: 1. December 18* 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $1 27,275,900. PRIOR ADMINISTRATIVE ACTION: Ma 29 2007 — Administrative award of Amendment No. 4 to the Contract For Professional Services with Maverick erick Engineering, Inc. in the amount of $9,715 f rthe Up River Road Street improvements from Rand Morgan Road to McKinzie Road Project for the rehabilitation of IH 371 Sessions Road 12 -inch Wastewater Line. 2. AIN 18, 2007 — Administrative award of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services to Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $2,990 for the IH 37 Sessions Road 12 -inch Wastewater Line Rehabilitation Project. H:IU ERS 1H MEWELM PI E WVA TEWATER1737T IH 37 SESSIONS R ADIPRIOR PROJECT ACTIONS PROJECT BUDGET IH 371 SESSIONS ROAD 12-INCH WASTEWATER LINE REHABILITATION Project No. 7377 January 8, 2008 FUNDS AVAILABLE: Wastewater $378,180.00 FUNDS REQUIRED: Construction (Troy Construction, LLC) $324,068.00 Contingencies (10%) 32,407.00 Consultant (Maverick Engineering, Inc.) 9,715.00 Testing (Rock Engineering & Testing Laborary, Inc.) 2,990.00 Reimbursements 7,500.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $378,180.00 HAUSERS211-fOMEWELMARGEMWASTEINATER17377 IH 37 SESSIONS ROADIPROJECT BUDGET TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI Estimate $345,059 Tabulated by: Kevin Stowers, Interim Director of Engineering Services 0 co Y ciro c 0 8 c. 0 E 0 w a 0 0 15 0 1- 0 0 N i d5 .0 E c° 0 in co 0 nstruction Co. ssbridge 'X 77373 1 Amount -- CD 0 0 0 0 c) 0 0 0 r . 00 CO ' C. • 0 0 CO 0 N I -I C. 0 0 0 (0 R $1,000.00 00'000'02 0 a o 0 r u- 0 0 r 6 ' 0 0 C O o 6 0 o 0 0 r cn r 0 0 0 0 a 1 0 0 0 f i 0 0 o in C 0 0 8 0 c' k 0 6 0 o F CV C 0 '-" - 00' O9LS 0 [y 0J Y 0 a $326,381.00 Unit Price 0_ 0 c. 00•OL 0 LC} L o 0 T— $1,000.00 o , o 0 07 0 0 0 CA 0 0 o c‘i 0 c 00•OLES o 0 6 0 ea r 1 0 0 01 0 LC) ii— o; r o °, 0 CI o - . 0 {) 69 o 0 0 C Troy Construction, LLC P. O. Box 450862 Houston, TX 77245 L Amount 0 0 0 o 0 a 0 — r- � 0 6 CO 0 0 0 o 0 6 LO C'! 0 0 6 r 0 0 0 o LO 0 0 0 o o 0 0 co 1 t o 0 0 3 o o 6 co 0 0 6 0 0 0 r : u� - 0 a 0 - 0 0 o 0 00'000'$ 0 0 [ 00-000IES 0 0 co o 0 8 c r 0 (a 00'0L9 co 00•0Z 0 CD i 6 \ Y $13,620.00 r 6 nt w Y $6,000.00 r 601 I $240.00 o VI V V i 1 00'000'6S V 0 P 0' 00•000‘ES lH 371 SESSIONS ROAD 12- INCH WASTEWATER LINE REHABILITATION PROJECT NO. 7377 Unit 1 Li. rl J L J L J w LU lU - ..) W i J J UJ J J Quantity } ,— C CV � C J � I 1--"Description -- 8" diameter PVC SDR 26 ASTM D-3034 wastewater gravity line (12' - 14' depth) installed, complete in place per linear foot. 12" diameter PVC SDR 26 wastewater gravity line installed in 20" diameter steel casing, complete in place per linear foot. 20" diameter steel casing (bored), complete in place per linear foot. 12" diameter PVC SDR 0 ASTM I D -3034 wastewater gravity line (12' - 14' depth) installed, complete in place per linear foot. 8" VCP to 8" PVC pipe adaptor and installation, complete in place per each. 5' diameter fiberglass sanitary manhole (0' - 6' depth) installed, complete in place per each. Extra depth for 5' diameter manhole (over 6' depth) installed, complete in place per vertical foot. Rehabilitate 4' diameter manhole by installing a fiberglass insert (16' 6" tall MH), complete in place per each. Grout 8" diameter wastewater line with flowable fill, complete in place per linear foot. Abandon and backfrll manhole (1) with flowable fill, complete in place per cubic yard. Cement stabilized backfill for manholes, complete in place per cubic yard. Trench Safety for sanitary sewer manhole construction, per Section 022022, complete in place per each. Trench Safety for sanitary sewer line construction, per Section 022022, complete in place per each. Televised inspection of conduits, complete in place per linear foot. Dewatering of excavation pits for casing installation and manholes, complete in place per each. Ozone Action Day. Remove and replace existing chain link fence, complete in place per linear feet. Diversion pumping for bypassing sewage, complete in place per lump sum. BASE BID (Items 1-18) CO vt EXHIBIT "C" Page 1 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING IN SERVICES - CITY OF CORPUS CHRISTI TI Estimate $345,059 Tabulated by: Kevin Stowers, Interim Director of Engineering Services s.r C) CD 0 0 C a 0 V C E 1- r 0 0 c,1 G} .0 E 0 Jhabore Construction Company, Inc. 6349 Leopard Street Corpus Christi, TX 78409 = E $835.00 $22,568,00 $241,522.00 O 0 c', 1 C. ui CD ea a co O O r: 69 - -- 4 d# 1 _ O 6 O to co C.— co 6 CV C 0 a O CO CD CV 1 C. O 6 ( CO .t o co 6 i o C. ci 1 a O O [ co J 0 O CO � 69 c O r- #/' a a 6 .e- O 0 I O r C ,-� I aJ 0 o CD r co Unit Price 0 0 ' 0 o 0 0 $394.00 o O $13,500.00 C. 0 o (15 n- 69 $22.00. 0 I CD te [00'9O 4$ 00.009' $ C. C. ea C. o I C. o C. 0 CD fie L SLC Construction, L. P. P. O. Box 639 Conroe, TX 77304 t Amount Ca . $31,035.03; $214,178.40 $3,624.00 [. $2,239.83 00' 00`0$ F-$15,205.70 Liti 0; CO $2,718.00 CO C; 8 C6 Cpl Cli oh 479. $4,530.00 tri te $641.75 r c in $349,263.36 1 Unit Price #C 1 X0'009$ $29.45 $271.80 r $2,265.00 $5,285.00 i lH 37 / SESSIONS ROAD 12- INCH WASTEWATER ATEF LINE REHABILITATION PROJECT NO. 7377 D, J J lr L1 LIJ LJJ —i C LU W I Quantity] -- - co, - e Cpl C r ,., [D N 0 m. - - - '- Description 8" diameter PVC SDR 26 ASTM I D -3034 wastewater gravity line (12' - 14' depth) installed, complete in place per linear foot. 12" diameter PVC SDR 26 wastewater gravity line installed in 20" diameter steel casing, complete in place per linear foot. 20" diameter steel casing (bored), complete in place per linear foot. 12" diameter PVC SDR 26 ASTM 0-3034 wastewater gravity line (12' - 14' depth) installed, complete in place per linear foot. 6� VCP to 8" PVC pipe adaptor and installation, complete in place per each. 5' diameter fiberglass sanitary manhole (0' - 6' depth) installed, complete in place per each. ,Extra depth for 5' diameter manhole (over 6' depth) installed, complete in place per vertical foot. Rehabilitate 4' diameter manhole by installing a fiberglass insert (16' 6" tall complete in place per each, Grout 8" diameter wastewater line with flowable fill, complete in place per linear foot Abandon and backfill manhole (1) with flowable fill, complete in place per cubic yard. Cement stabilized backfill for manholes, complete in place per cubic yard. Trench Safety for sanitary sewer manhole construction, per Section 022022, complete in place per each. Trench Safety for sanitary sewer line construction, per Section 022022, complete in place . per each, Televised inspection of conduits, complete in place per linear foot. Dewatering of excavation pits for casing installation and manholes, complete in place per each. Ozone Action Day. Remove and replace existing chain link fence, complete in place per linear feet. Diversion pumping for bypassing sewage, complete in place per lump sum, TOTAL BASE BID (Items 1 -18) - - -- - - -- - - - - -- - - - - - — - c C u c r- oo c u CD 1 ao File : MprojecIandacexh7377.dwg San Patricio County PROJECT LOCATION !H 37 /SESSIONS ROAD (SEE VICINITY MAP) NUECES BAY 731 MCKINZIE iiyo 3386 SL*. CITY PROJECT No 7377 VICINITY MAP NOT TO SCALE Par G1TYS9ijRG EXHIBIT ''D" IH 37 /SESSIONS ROAD 12 -INCH WASTEWATER LINE REHABILITATION CfiY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 - - WM DATE: 12--1 1-2007 7 AGENDA MEMORANDUM DATE: January 8, 2008 SUBJECT: Cefe Valenzuela Disposal Cell 4A and 4B AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $147,000.99 for a restated not to exceed fee of $197,000.00 for design, bid and construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill. ISSUE: Engineering design services are required to prepare plans, specifications, bid and contract documents for the construction of the next disposal cell to receive waste, FUNDING: Funds are available from the Sanitary Landfill 2006 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Kevin R. Stowers Interim Director - Engineering Services Additional support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H :U1OMEI EVIN 1 EN\ ANDFILL\VaIen uela ells4A4e1AEA,,,d1 Memo.doc J," apla Director of Street & Solid Waste Services ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Disposal Cell 4A and 4B — Project No. 5225 CONTRACT ACT AME ME iT: The proposed engineering amendment permits the firm of Chiang, Patel, and Yerby to finalize the design, specifications, and contract documents to permit the construction of the next disposal cell to be bid. A contract summary is attached. See Exhibit B. BACKGROUND: The current disposal cell (Cell 3) is estimated to have a service life of approximately fifteen (15) months depending on the rate of disposal, compaction and amount of daily cover. Cell 3 began receiving waste November 10, 2007. It is necessary to proceed with design to have the next disposal cell available when needed. Engineer Services reviewed various engineering firms that provided landfill services in the State of Texas. As part of the review, staff consulted with various firms assisting with the City's landfill permit amendment and modifications as to which firms had good working relations with the Texas Commission on Environmental Quality (TCEQ). The firm of Chiang, Patel and Yerby received the strongest recommendation from those firms. Bill Hindman, P.E. (the lead landfill principal) with Chiang, Patel and Yerby was highly respected by TCEQ personnel, and considered a leading landfill expert in Texas. Mr. Hindman has over 30 years of landfill design experience. He was also employed by TCEQ prior to joining Chiang, Patel and Yerby. Due to the need to expedite delivery of the construction documents, an engineering services contract was administratively issued in the amount of $50,000.00 to Chiang, Patel and Yerby. In order to continue the required services, Council approval of the proposed amendment is requested. PRIOR COUNCIL ACTION: December 18, 2007 Ordinance adopting the FY2007-2008 Capital Improvement Budget and Capital Improvement Plan. FUTURE COUNCIL ACTION: • Award of materials inspection and laboratory testing contract (CIA/QC); • Award of any necessary change orders; and • Design and construction of future disposal cells. FUNDING: Funding is available from the Sanitary Landfill CHIP Fund. Exhibit "A" Page 1 of 1 H :\H E EV INS\ EN1LAN FILL\Valenzuela lls4A4MAEArmd1 BkgExhkdoc CONTRACT SUMMARY I. SERVICES TO BE PERFORMED The Consultant hereby agrees, at his /her own expense, to perform all architectural/engineering services necessary to research, document, design and prepare plans, specifications, bid and contract documents to complete the project described as follows. II. SCOPE OF SERVICES The Consultant's services will include basic research, documentation and design necessary for the preparation of plans and specifications required for the construction of landfill disposal cells 4A and 4B for the Cefe Valenzuela Landfill, including support for bidding, construction, and post construction activities. The design, bid and construction process will be expedited to ensure completion and certification of the disposal cells to permit the placement of waste prior to reaching capacity in the current disposal cell (Cell 3). The project scope will include all elements necessary to fully comply with applicable TCEQ Regulations and the Cefe Valenzuela TCEQ Permit as amended or modified unless specifically excluded. The Consultant will work closely with the City's project manager to design and phase the construction program so as to achieve completion 90 days prior to reaching permitted capacity in Disposal Cell 3. The Consultant will exercise usual and customary professional care in Consultant's efforts to comply with the applicable codes and regulations of City, State, and other Federal authorities having jurisdiction including applicable fire codes, life safety codes, health regulations, Texas Department of Insurance Windstorm Protection requirements, the Americans with Disabilities Act, the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers Program (Article 9102), the Texas Trench Safety Act, and the Storm Water Retention Act. The Consultant will include in the technical specifications a section entitled Trench Safety which will incorporate by reference the legislation relating to the Texas Trench Safety Act. The Consultant will coordinate design activities and design elements with other Consultants as directed by the City. The Consultant will work cooperatively with the City's project manager, citizens, local organizations, City staff, elected officials and others. A. PRE - DESIGN SERVICES Consultant will: 1. review the Cefe Valenzuela TCEQ Permit as amended or modified. . review existing plans, specifications, survey data SDP requirements and other information to be supplied by the City. 3. update site survey controls and provide detailed topographic survey of the area identified for development of Cells 4A and E; 4. conduct a field evaluation of existing conditions and requirements; 5. evaluate existing hydrology analysis and hydraulic study and current applicability; and 6. evaluate operational drainage control considerations. B. BASIC SERVICES 1. Desictn Development — Preliminary Construction Document ent Phase The Consultant will: a. employ and coordinate the activities of Consultant's staff, and such consulting engineer(s) to ensure all engineering related report documents are prepared under the direct supervision of engineer(s) registered to practice in the State of Texas. Sub - Consultants (engineer(s)) shall practice engineering in the disciplines for which they will be engaged in the design of this project; b. prepare design development documents for the entire project based on the approved Cefe Valenzuela Land Permit to establish the scope of the project through the use of plans, sections, schedules, typical details, elevations, and outline specifications; c. produce design documents in a manner to assure their suitability for continued use in the development of bid, contract, and construction documents; d. all design, bid, and construction documents will be developed with electronic format (AutoCAD r.14 r higher); e. drawings will define all major elements and systems in civil, landscaping schematic, liners, leachate collection, gas management, groundwater monitoring wells and other required improvements; 1 Exhibit B Page 1 of f. coordinate sub consultants for civil engineering, surveying, and construction phase services, and provide for the inclusion their design documents in the design - construction documents delivered to the City; g. update the estimate of probable construction cost and project schedule; h. deliver four sets of design development drawings that represent 60% contract document completion to the City Engineer and meet with City staff and the City's program manager for review and approval; i. ensure the delivered design development documents include at a minimum: • design development level drawings of all disciplines; • design narrative; • outline specifications; • project phasing plan; • an updated opinion of probable construction costs; and • site development plan, liner plan, leachate system plan, gas management plan, groundwater monitor well plan, storm water drainage and detention pond(s) and other required improvements. 3. Desi • n — Construction Document Phase — The Consultant will: a. employ and coordinate the activities of Consultant's staff architect(s), and consulting engineer (s) to ensure all architectural and engineering related report documents are prepared under the direct supervision of and sealed by architect(s) or engineer(s) registered to practice in the State of Texas. b. prepare drawings, specifications, bid, contract, construction documents based on the approved design development documents which set forth in detail the requirements, drawings, specifications, and quality levels of materials and systems necessary in the format to permit the bid, contract award, and construction of the project including establishing the limits of constructionilandfilling activities, determining the intermediate drainage control requirements and hydraulic design for Cells 4A and 4B and preparation of interim drainage control system drawings; c. prepare construction drawings (plans and specifications) in City format; d. deliver four copies of the 90% complete construction documents for each construction contract and meet with the City Engineer and City staff for review and approval prior to completion of the final bid and construction documents; e. the Consultant will prepare technical specifications which define the quality and installation of materials, systems, and equipment; f. deliver to the City Engineer plans, specification manuals, bid and contract documents in a format suitable for complying with TCEQ Regulations and the Cefe Valenzuela Landfill Permit as amended or modified; d. review by the Texas Department of Licensing and Regulation (TDLR) for handicap accessibility if applicable; h. work on behalf of the City Engineer in evaluation and correction of documents to meet requirements of the TDLR if necessary; i. deliver to the City Engineer final reproducible plans, specifications, contract and bid documents in City format including full size and half size plan sheets; 1. review and validate the estimate of probable construction cost and project budget as it relates to alternative construction based on the final construction documents; j. recommend alternatives, methods of bidding, and any alternate bid items that may be needed to allow the City to award the construction contract within budget; 4. did Phase - The Consultant shall complete the following as part of the bid phase services: a. attend on-site(s) pre -bid conference noting inconsistencies (if any) in the bid documents; b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; c. assist the City Engineer in securing bids, analyze bids, and make a written recommendation concerning award of the contract; and Exhibit B [fage2of d. in the event the bid received by the lowest responsible bidder exceeds the established project budget for construction, the Consultant will, at his /her expense, confer with City Engineer and make revisions as necessary and satisfactory to the City Engineer to permit the re- advertising of the project for bids. C. CONSTRUCTION SERVICES 1. Construction Phase The Consultant shall complete the following tasks during the construction phase: a. attend and assist the City Engineer with a pre-construction meeting between the contractor, City Engineer, and other interested parties; b. review and check for approval, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer (the construction contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed in the contract documents. The Consultant shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions; c. provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract, and are not contrary to the general interest of the City under the contract; d. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; e. consult with the City Engineer and advise during construction and confer with City staff and other governmental authorities as needed; t make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his /her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of construction. The Consultant's local engineering consultants will provide periodic site visits during the construction period. Other sub consultants will make periodic site visits as necessary during the construction period. h. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract; and I. the consultant is not responsible for the contractor's means and methods of construction. 2. Record Drawings - The consultant shall review the Contractors field set of construction drawings and specifications. On the basis of Fred- line" drawings and marked -up specifications provided by Contractor, and based upon known deviations, change orders, mark -ups, and changes reported by the City project inspector, the Consultant shall prepare {`as- built" record drawings and specifications of the project as constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings and a marked up set of specifications. D. POST- CONSTRUCTION SERVICES - The Consultant shall: 1. conduct a preliminary r inspection and prepare a punch list of items for correction, repair or installation by the contractor to be delivered to the City Engineer and contractor prior to,final inspection; 2. conduct a final inspection with the City representative and contractor which shall include a familiarization waits - through with City personnel (if applicable) of mechanical and control systems, emergency procedures, and maintenance procedures; Exhibit Page 3 of 4 3. review of the following materials submitted by the contractor for completeness: operation manuals, maintenance manuals, technical information, approved submittal sheets, parts lists, manufacturer maintenance guaranties and warranties and/or other guaranties or warranties and forward the material to the City's designated representative for copying, collating, and distribution; and 4. assist the City Engineer in completion and submittal of all certifications, inspections and other material required by TCEQ. 5. on behalf of the City Engineer, work in cooperation with the Texas Department of Licensing and Regulation on the inspection phase of the project for compliance with Article 9102 - Texas Statutes, Elimination of Architectural Barriers Program. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $147,000.00 for Amendment No. 1 fora restated total not to exceed fee of $197,000.00 summary of Fees: Tasks Description Fee Pre - design and Review Services II.A II.B Preliminary Design and Review Survey Update (Allowance) Travel -- Pre - design Subtotal Basic Services & Additional Services II. .1 Initial Design — Construction Document Phase 60% Original Contract Fee Future Amendment To Be Authorized — Consultant will not undertake following tasks without a written amendment. II.B.2 Design — Construction Document Phase 100% II.B.3 Bid Phase Construction Services I1.c.1 Design /Bid .Subtotal Construction Phase Record Drawings Post Construction Services 12,180, 00 10, 000.00 1,000.00 23,180.00 28,820.00 80,000.00 40,000.00 5,000.00 45,000.00 88,000.00 5,000.00 Construction Service Subtotal 93, 000.00 I I . D Post Construction Phase Post Construction Services Subtotal Expense Allowance Amendment No. '1 Fee TOTAL 5,000.00 5,000.00 4,000.00 147,000.00 197, 000.00 Exhibit B Page 4 of 4 Mprojeot oun ilexhibits ex 5225. wg CEFE F. VALENZUELA MUNICIPAL LANDFILL N 4000 H SITE LOCATION MAP NOT TO SCALE PROJECT NO 5225 EXHIBIT "C' CEFE F. VALENZUELA DISPOSAL CELL 4A AND AB CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: of DATE: 12/27/2007 aerd 8 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 8, 2008) Case No 1107 -02. Jimmy Williams: A change of zoning from a "R-113" " One -F r iy Dwelling District to an "1-2" Light Industrial District, resulting in a change of land use from residential and commercial to light industrial on property described as 4.047 acres of land out of the west 21.6 acres out of Lot 1 of the W.O. Womack Farm Lots, located at the intersection of Saratoga Blvd and Old Brownsville Rd. Planning Commission and Staff's Recommendation: Approval of the "1-2" Light Industrial District. Summary: • Request: The applicant is requesting a zoning change from an "R-1B" One - Family Dwelling District to "1-2" Light Industrial District for the construction and operation of a directional drilling business including an office, work shop, and an equipment storage yard. The property is approximately 4.04 acres and is located on the northeast corner at the intersection at Old Brownsville Road and Saratoga Boulevard. • Annexation: The property was annexed into the City in 1 962 and zoned with the "R -1 B" One- Family Dwelling District designation. At the time of annexation, the "R-1B" District was assigned to annexed property as a method to control high density development until owners of such properties were prepared to submit a change of zoning that would accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation, future road construction and available infrastructure. • Zoning: The purpose of the requested "I-2" Light Industrial District is to allow for the perati n of a business office and storage yard for equipment used in off-site oil field industry. More specifically the equipment and pipe will be used in the directional drilling process. The proposed office and work shop will be housed in a two story 10,000 square foot building with the shop on the first floor and the office on the second floor. As part of the zoning requirement for a commercial or industrial development, the site will include an all weather surfaced parking lot for customers and the proposed (7) full time employees. The vehicular use areas including the parking lot and drive areas must be screened with adequate landscaping and meet the point and area ratio requirements specified by the landscaping section of the zoning ordinance. Screening of the trash dumpster will be required should solid waste or dumpster service be proposed and provided. The applicant has stated that the hours of operation will be from :00 AM until 5:00 PM Monday thru Friday with most of the work being performed off - premise at project drilling sites. • Existing Land Uses: The subject property is currently occupied by an old tavern and a manufactured home both of which are to be demolished and removed. The remainder of the property is undeveloped land. Presently there is a single - family residence immediately north of and adjacent to the property and manufactured home subdivision north of and beyond that residence. Adjacent to and east of the property is open agricultural property. South of and across Saratoga Boulevard is more open agricultural land. The property west of and across Old Brownsville Road from the subject property is a mixed commercial use including horse stables, retail, storage and open agricultural land. This property is surrounded by a wide range of zoning districts from "FR" Farm Rural to "I -2" Light Industrial. The land along the south side of Saratoga Boulevard is designated as "CL" Outside City Limits and is not subject to zoning designation or regulation. Agenda Memorandum Case No. 1107-02 (Jimmy Williams) Page • Utilities: Prior to issuance of the building permit, replotting of the property will occur and additional right-of-way dedication along Saratoga Boulevard will be required. The l►tin process will locate and identify where the subject property will need to tie into existing city water, storm water and wastewater systems. • Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from the proposed facility will be approximately 70 vehicle trip ends per day based on initial employment data of people and square footage of the building. The property will have access from Old Brownsville Road and Saratoga Boulevard. • Comprehensive lanlFuture Land Use: The future land use map recommends light industrial. The proposed industrial use is consistent with the surrounding land uses in the area and with the Corpus Christi International Airport located several miles to the west. This area is discouraged to allow the concentration and location of residential development due to its proximity to the airport. Development is monitored closely within several miles of the airport in order to limit the impact of an airplane crash or disaster. Therefore, industrial uses are encouraged. Notification: Of the nineteen (19) notices mailed to the surrounding property owners, zero were returned in favor and two (2) were returned in opposition, one within the 200 foot notification area (1.871%) and one outside the notification area. 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. F4 /4 Bob Nix, AICP Assistant City Manager of Development Services N /FGM blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (November 28, 2007) 3) Ordinance P vi/Proje t Manager SrCP/CP Sink Planning Director H :IPLN -DI \SHA D\B ver1 12007 CC\Nov"07\1107-02 A ENDAMEM .doc CITY COUNCIL ZONING REPORT Case No.: 1107-02 Applicant & Legal Description Appli Zoning Report Case No. 1107-02 Jimmy Williams) Page 2 Staff's Summary • Request: The applicant is requesting a zoning change from an "R-1B" One-Family Dwelling District to "1-2" Light Industrial District for the construction and operation of a directional drilling business including an office, work shop, and an equipment storage yard. The property is approximately 4.04 acres and is located on the northeast comer at the intersection at Old Brownsville Road and Saratoga Boulevard. • Annexation: The property was annexed into the City in 1962 and zoned with the "R-1B" One - Family Dwelling District designation. At the time of annexation, the "R-1B" District was assigned to annexed property as a method to control high density development until owners of such properties were prepared to submit a change of zoning that would accommodate their land development plans. Such proposed development plans are reviewed with staff as to compatible land use adjacency, the comprehensive plan recommendation, future road construction and available infrastructure. • Zoning: The purpose of the requested "1 -2" Light Industrial District is to allow for the operation of a business office and storage yard for equipment used in of site oil field industry. More specifically the equipment and pipe will be used in the directional drilling process. The proposed office and work shop will be housed in a two story 10,000 square foot building with the shop on the first floor and the office on the second floor. As part of the zoning requirement for a commercial or industrial development, the site will include an all weather surfaced parking lot for customers and the proposed (7) full time employees. The vehicular use areas including the parking lot and drive areas must be screened with adequate landscaping and meet the point and area ratio requirements specified by the landscaping section of the zoning ordinance. Screening of the trash dumpster will be required should solid waste or dumpster service be proposed and provided. The applicant has stated that the hours of operation will be from 8 :00 AM until 5 :00 PM Monday thru Friday with most of the work being performed off- premise at project drilling sites. • Existing Land Uses: The subject property is currently occupied by an old tavern and a manufactured home both of which are to be demolished and removed. The remainder of the property is undeveloped land. Presently there is a single - family residence immediately north of and adjacent to the property and manufactured home subdivision north of and beyond that residence. Adjacent to and east of the property is open agricultural property. South of and across Saratoga Boulevard is more open agricultural land. The property west of and across Old Brownsville Road from the subject property is a mixed commercial use including horse stables, retail, storage and open agricultural land. This property is surrounded by a wide range of zoning districts from "FR" Farm Rural to "1-2" Light Industrial. The land along the south side of Saratoga Boulevard is designated as "CL" Outside City Limits and is not subject to zoning designation or regulation. • Utilities: Prior to issuance of the building permit, replatting of the property will occur and additional right - of-way dedication along Saratoga Boulevard will be required. The platting process will locate and identify where the subject property will need to tie into existing city water, storm water and waste water systems. Zoning Report Case No. 1 107- (Jimmy Williams) Page 3 0 ;4 t cli • Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from the proposed facility will be approximately vehicle trip ends per day based on initial employment data of people and square footage of the building. The property will have access from Old Brownsville Road and Saratoga Boulevard. • Comprehensive Plan /Future Land Use: The future land use map recommends light industrial. The proposed industrial use is consistent with the surrounding land uses in the area and with the Corpus Christi International Airport located several miles to the west. This area is discouraged to allow the concentration and location of residential development due to its proximity to the airport. Development is monitored closely within several miles of the airport in order to limit the impact of an airplane crash or disaster. Therefore, industrial uses are encouraged. Street Old Brownsville Road Saratoga Boulevard a.d.t. — Average daily trips Paved Section Volume 130' R. .W w/79' back to back pavement lanes with a median 130' R.o.W w/79' back to back pavement lanes with a median) 8,470 a.d.t.* (2001) 5,113 a.d.t.* 2005 CA ti .1 The subject property is currently unplatted. A subdivision plat is required and will need to provide for the dedication of required additional street right - of-way along the north side of Saratoga Boulevard. 4 0,9 5 0E cid a S t 00 al 0 • Industrial development of the site is compatible with the proposed industrial development along both sides of Saratoga Boulevard. As an equipment storage yard and office the specific use proposed is compatible with the current and proposed surrounding uses. The requested "1 -2" Light Industrial District allows for a variety of mixed industrial uses with warehousing and storage. Section 20-2(4)(i) of the Zoning Ordinance states that all outside storage must be screened from view from at -grade public right-of-way with a solid fence or wall. The applicant will construct the proposed office building, work shop, and equipment storage yard must meet all zoning, fire, and building codes. Zoning Report Case No. 1107-02 (Jimmy Williams) Page 4 Staff Recommendation Approval of the "I -" Light Industrial District. Planning Commission Recommendation Approval of the "I -" Light Industrial District. Comments Received Number of Notices — 19 Favor Opposition - 0 (As of December 19, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed HAPLN-DIMSHAREMBeverly\2007 P \ NRPTS\Nov mb r \CC\1107 -02 Jimmy Williams.doc A- I A-1A Q.^ AB AT 11-1 $-1► 8-2 8.3 l -5 8-6 BD F -R HC , parbnent House Dishrict Apartment House District +'#padr1nent House district Professional Office Cistriot Apartment- Tourist District Neighborhood Business 1Disinct Neightorhood Business Distract Lieyfront Business District Ranier island Business District Business District Gaieral Business Cistrict Pnmarj Business aiSI1Ct Primary Business Core Cistrict Corpus cislf Beach Design Dist, Farm Rural Cistrict Nst rrcal- Cultural Landmark Preser/abon 1-1 1-3 PUD R -1A R -IB R- IC R -2 RA RE R -TH P T -IA T -1 B T -1C Limited Industrial District Light Indusirlai District Hea ,p{ Industrial Cisfiict Planned Unit Development One Family Dwellhg District One Family Owelikv District One Family Meiling District Mulbp1e Dxellinq Disfict.F One Family Dwelling District Residential Estate Cistrict Towntse Dwelling Distrl{t ecidl P4mmit Travel TraNer Parts District Manufactured Horne Park District Manufactured Horne Subdivision Ci Stilet pied Ely SIM Plrr'Rrl4 :6 Ales , Now R '1 3 WT Cef41Cupos►7rra, TX Ovelocrwit 3omas F4 h4 +pL2 DI .ARG4S? CasosVCC7;orwn li al- ]114107+]2 OWNERSHIP IM Subject Property Owners within 200 feet listed on attached ownership table Prwprnd 9r SIkP P.brc OWE ttir0#4*St Mer+++10. 13. 200? c4 Of Ga+prrl C,1m*1i. TX. Oar►ilaprnr Fip; 11:44-*-C,R1SH PA 01G#0 PrgralWOa 4200? Zo.14,1107 -021110 ?-02.rrad igi ig va o iiilliliiiiIii 1 Ff iGlke�k�yb..i1sY. Ca Iiiiiiiiiiillili COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1107 -02 Name: Jimmy Williams Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 19 0 Y. Notices returned from within the 200 -foot notification area: Favor: o Qpposition: 1 (181%) #4, Harrell Rhome, P.O. Box 6303, Corpus Christi, Texas "Y hoped this would eventually become a new home area! With this, it never will. Don't do it." II. Responses received from outside the 200-foot notification area: Favor: Opposition: Amanda Van Wagner, P.O. Box 6303, Corpus Christi, Texas "Y would like to see homes with children. DON'T CHANGE!" III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: H:1PLI - DIRISHARED\Bev rly1 001 PCTUBLIC COM1vIENTS\1107-02.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 28, 2007 5 :30 P.M. COMMISSIONERS: ERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman James Skrobarczyk Atilano l Huerta David Loeb John C. Tamez Evon J. Kelly Johnny Martinez Govind Nadkarni ABSENCES: None STAFF: Johnny Perales, PE, Deputy Director Of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Miguel S. Saldafia, AICP, Senior City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Yvette Aguilar, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si used quire dirigirse a la comision y su ingl s es limitado, habra un interprete de espafiol a ingl s en 1a junta Para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :34 p.m. IV. ZONING 1. New Zoning a. Case No. 1107-02, Jimmy Williams: A change of zoning from a "R-1B" One - Family Dwelling District to an "I-2" Light Industrial District 4.047 acres of land out of the West 21.6 acres out of Lot 1 of the W O Womack Farm Lots, located at the intersection of Saratoga Blvd and Old Brownsville Rd. West Vardeman, City Planner, presented the above case via Power Point, stating the subject property is located on the northeast corner at the intersection of Old Brownsville Road and Saratoga Boulevard and i Planning Commission Minutes November 28, 2007 Page Mr. Vardeman stated nineteen (19) public notices were mailed with three returned in favor and zero returned in opposition. Staff recommends approval. In response to Commissioner Tamez, Mr. Vardeman stated a solid standard screening fence will be built between Coastal Meadows and the subject property. In response to Commissioner Skrobarczyk, Mr. Vardeman stated that if one is adjacent to another "I -" District then no screening fence is required. However, when an industrial district adjoins a residential district, then a screening fence is required. Public hearing was opened. Mr. Antonio Rodriguez, 226 Saratoga Boulevard, Corpus Christi, Texas, came forward stating that he is not here to support or oppose the request. Mr. Rodriguez stated his parents moved out there because it is quiet and on the outskirts of town. However, now it is fairly loud out there with pipes rumbling around, 18-wheelers coming and going at night, using their fake -brake at night, which is very loud. Mr. Rodriguez stated the roads are not paved and the big trucks make a mess of therm during rain. Mr. Rodriguez stated that most of the people that live just north of Saratoga are elderly people, very cautious, stow drivers, and construction traffic could be a hazard to them. Mr. Rodriguez stated the noise level is the major concern they have. Mr. Carl Gross, Operations Manager, Corpus Christi International Airport, came forward stating there is an FAA form required under Federal Aviation Regulation Part 77 that needs to be filled out before any permanent or proposed construction, form76. Mr. Gross stated that if the applicant would contact the airport, they would provide assistance in filling out the form. In response to Commissioner Skrobarczyk, Mr. Gross stated the zone extends around the airport at 20,000 feet and the proposed construction is within about 10,000 feet. Mr. Jimmy Williams, Applicant, 14014 Cabana North, Corpus Christi, Texas, came forward stating the construction will be an office building with paved roads and a paved parking lot. Mr. Williams stated the office hours will be 8 :00 a.m. to 5 :00 p.m.; therefore, there will not be an increase in noise or 18-wheelers at night. In response to Commissioner Huerta, Mr. Williams stated he would submit a site plan upon approval of the rezoning request. In response to Commissioner Tamez, Mr. Williams stated he would put a good buffer zone between Coastal Meadows and the subject property. Public hearing was closed. Motion for approval was made by Vice - Chairman Garza and seconded by Commissioner Tame , Motion passed unanimously. H: PL - DIRISHAREDIBEVERLY120 7 IN V'07\1 107- 02MINUTE .DO Page 1 of 3 AEI ORDINANCE 10E AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JIMMY WILLLIAMS, BY CHANGING THE ZONING MAP IN REFERENCE ENC TO 4.047 ACRES OUT OF THE WEST PORTION OF LOT 1, WOMACK FARM LOTS, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL [ ISTF ICT; AMENDING THE COMPREHENSIVE SI E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING IN AN EMERGENCY. CY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jimmy Williams, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 28, 200 7, during a meeting of the Planning Commission, and on Tuesday, January 8, 2008, 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 4.047 acres out of the west portion of Lot 1, Womack Farm Lots, located on the northeast corner at the intersection of Old Brownsville Road and Saratoga Blvd., from "R-1B" One-family Dwelling District to "1_2" Light Industrial District. (Zoning Map 053038) (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 Man is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:ILE -DI Shred\ ary lagendal OO 11 -8\ rd- Zoning1107 -O JWiIIiarrms.doe Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . 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 . 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 8th day of January, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: : January 2, 2008 •(*1T r . Smith Assistant City Attorney For City Attorney H :1 LEG - I l hared\ ar S\ Bend 12008\1- \Ord - eningl 1 07- 2J 11iIIiam .dee Page 3 of 3 Corpus Christi, Texas - . day of _ -- _, 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ft\LE -DIR\ \GaryS\agenda\2008\1-8‘Ord-Zoning1107-02JWilliams.doc ms.da Existing Land use M . ap ti.,____ _....._01 1 _- _.- -.4 .H.ORSE arAiEft_ES. . . 1 l.",_, ___--- iii ; --_::: 1 --uut _, _ _r_ .. .,,. _ ._. _ _. .. r. ...,. 1.. ... - • 1 ..- r-7-.- -- 1.7 7'7- ... F.,.. --.7,ir ,,, O. MIXED: • • .SUB: STATION - AlOPIPIPP .• at a, ,,-, . .' - - . MANUFACTURED . ,... .r _, r . . ,,,,,d00100•...... . i.HOME PARK .,..... - ,•_. :1111.- .. • ... . 0.-0 0 9 ' '0 0 e f fool, 0 1000/74 ter' ; °,. , , , . . , , . . . _ . . .:11-141-05 -,i,-. • ..,v1,,p • ..• • • r. ,. .1,>.• • ... - -. •••• ....,. 12' ... .•:•:....' ........' .........-• .. ' ... • 'l ' . - . __ 4,- :... , ... , . • -. -..... ,...: . 41.0.::::: '''....- • 'Y ti -1 ` •. a , ..•_.....• 0 . C . L. , ..... ....A.,40 Ap.. ,. . . . .. ,_ . . ....... --....... . , ' :. _ -... 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R r Y • r • 9 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: January 8, 2008) Case No. 1107 -03, Kent Austin: A change of zoning from an "AT" Apartment-Tourist District to a "BD" Corpus Christi Beach Design District resulting i Agenda Memorandum Case No. 1107-03 (Kent Austin) Page 2 • Comprehensive Plan /Future Land Use: The future land use map recommends medium density residential. Figure 2 "Land Use and Development Plan" of the North Central Area Development Plan (ADP) (Attached) identifies this area for mid -rise residential with convenient access to the beach. Ti on Blvd and Surfside Blvd are identified as a scenic corridor in the North Central ADP. The requested "BD" District boundary is delineated by the "Harbor Landing" area in the North Central ADP by Harbor Bridge on the west, Corpus Christi Bay to the east (including the USS Lexington), the Texas State Aquarium to the south, and Coastal Street to the north. This Harbor Landing area is intended to serve the destinations of the beach, the waterfront, the aquarium, and the USS Lexington with a unique activity center which promotes high intensity pedestrian oriented development. Policy statement 8.3 in the North Central ADP states that the "BD" should continue to be used within the Harbor Landing Area. Notification: Of the thirty -four (34) notices mailed to the surrounding property owners, thirteen (13) 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. /v--3h Bob Nix, AICP Assistant City Manager of Development Services BN FG bIp Attachments: 1) Zoning Report 2) Planning Commission Minutes (November 28, 2007) 3) Ordinance P /Project Manager SrCP/CP 91V Planning Director H:IPLN -Dr 1SHARED\Bever1 12 7 C\Nov'07\1107 -03 A ENDAME M .doc CITY COUNCIL ZONING REPORT Case No.: 1107-03 City Council Hearing Date: January 8, 2008 Applicant Legal Description Applicant: Kent Austin Owner: Same as Applicant Agent: The Clower Company/George Clower Legal Description/Location: Brooklyn Lots 7, 8 and portion of alley and street, Block 66, located on Timon Blvd., approximately 145 feet north of Gulfspray Ave. Zoning Request From: "AT" Apartment - Tourist District To: "BD" Corpus Christi Beach Design District Area: 028 acres/12,196.8 square feet Purpose of Request: To allow for tourist oriented commercial uses. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "AT" p artment- Tourist District Commercial Medium Density Residential - North "AT" Apartment- Tourist District Vacant _ Medium Density Residential South "AT" Apartment-Tourist District - - Commercial Medium Density Residential _ East "AT" Apartment- Tourist District Vacant Tourist _ West "AT" Apartment- Tourist District Vacant : Medium Density Residential/Commercial ADP, Ma Violations Area Development Plan (ADP): North Central ADP. The proposed property development is not consistent with the adopted future land use map which identifies a medium density en residential for the subject property and properties west of Surfside Boulevard (between Churchdale Avenue and 170 feet south of Beach Avenue.) Map No.: 044048 Zoning Violations: None Zoning Report Case No. 1107-03 (Kent Austin) Page • Request: The applicant is requesting a zoning change from an "AT" Apartment - Tourist District to "BD" Corpus Christi Beach Design District to allow for tourist oriented commercial uses. The property is approximately 0.28 acres /12,196.8 square feet and is located on Timon Boulevard, approximately 145 feet north of Gulfspray Avenue. • Zoning: The purpose of the "AT" Apartment- Tourist District is to provide for high -rise multiple- family dwellings and tourist accommodations with limited outdoor advertising. The "AT" District is generally located on Mustang -Padre Island and Corpus Christi Beach. The district requires a twenty (20) foot front yard setback, five foot side and rear yard setback for single family residential, ten 10 foot side and rear yard setback for multifamily, plus five feet for each additional story, not to exceed a total of thirty (30) feet. Nonresidential uses have a ten (10) foot side and rear yard setback. This district requires a minimum lot size of 10,000 square feet for all uses. The maximum density for single family is 8.72 dwelling units per acre. The maximum density for multifamily is 43.56 dwelling units per acre. • The "BD" Corpus Christi Beach Design District was adopted in 1990 to provide for a wide variety of tourist and business uses complimentary to the Texas State Aquarium. The regulations are intended to create a unique and attractive resort area offering a full range of tourist attractions and services. Freestanding pole mounted, off - premise, and billboard signs are prohibited. Monument and wall signs are allowed, where the maximum sign area per lot is one square foot of signage per foot of street frontage up to 275 square feet of total sign area. The district requires a ten (10) foot front yard setback, and zero side and rear yard setbacks. • Existing Land Uses: The subject property has an existing 992 square foot one -story building single story building that is not currently occupied. There is an existing commercial building immediately to the south that is currently vacant. To the east are existing commercial buildings that are also vacant. The properties to the north and east are vacant. • Utilities: The area is served by water and wastewater. • Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from tourist retail uses will be approximately 155 vehicle trip ends per day. The property will have access from Timon Boulevard. • Comprehensive Plan/Future Land Use: The future land use map recommends medium density residential. Figure 2 "Land Use and Development Plan" of the North Central Area Development Plan (ADP) (attached) identifies this area for mid -rise residential with convenient access to the beach. Timon Blvd and Surfside Blvd are identified as a scenic corridor in the North Central ADP. The requested "BD" District boundary is delineated by the "Harbor Landing" area in the North Central ADP by Harbor Bridge on the west, Corpus Christi Bay to the east (including the USS Lexington), the Texas State Aquarium to the south, and Coastal Street to the north. The Harbor Landing area is intended to serve the destinations of the beach, the waterfront, the aquarium, and the USS Lexington with a unique activity center which promotes high intensity pedestrian oriented development. Policy Statement B.3 in the North Central ADP states that the "BD" District should continue to be used within the Harbor Landing Area. Zoning Report Case No. 1107-03 (Kent Austin) Page Street R.O.V. Street , : Type Paved Section Volume (2007 _ Timon Blvd Collector 160' ROW N/A .� * a.ditr Averate loll tri ' Plat Status The subject property is already platted. • The subject property is located approximately al/2 mile north of the designated Harbor Landing area which the "BD" District was formulated to implement the policies of the North Central ADP. A zone change for this single lot will permit land uses not available to adjacent properties and may be considered spot zoning. If the zone change was consistent with the future land use plan and policies of the ADP, it would not be considered spot zoning. A change of zoning to "BD" for the subject property would be inconsistent with the North Central ADP and the Harbor Landing/Corpus Christi Beach Design "BD" zoning. The ADP irti im intended for tourist commercial uses to be located as a node near the Texas State Aquarium and the USS Lexington to provide for pedestrian oriented opportunities. The subject property is at a mid - block location, surrounded by properties to the north, south, east, and west zoned "AT" Apartment- Tourist. The nearest commercially zoned area is located further to the northwest on U.S. Highway 181 and Beach Avenue. If the subject property is rezoned to a commercial district, it will impose incompatibilities between this subject property and the adjacent properties along Timon and Surfside Boulevards which are designated as future medium density residential on the future land use map. Staff Recommendation Denial of the "BD" Corpus Christi Beach Design District. Denial of the "BD" Corpus Christi Beach Design District, and lieu thereof, an "AT /SP" Plann Commi Recomr ei Apartment - Tourist District with a Special Permit allowing retail and personal service uses, subject to a site plan. Comments Received Number of Notices 34 Favor - 7 Opposition - 0 (As of December 19, 2007) Attachments: Zoning Map Site Plan North Central ADP Land Use and Development Plan Ownership Map Ownership List Comments received from Public Notices mailed H:\PL -DIR\ HAl EDIBeverly\ 007 PC‘ZONRPTS\NovembeAC01107-03 Kent Austin.doc A -1 A -1A A -2 AB AT B -1 B -1A 9-2 B-2A B-3 B-4 B-5 9.6 BD F -R HC 0 100 200 NOTICEF"' CASE # 1107 -03 ZONING Apartment House District I -t Apartment House District 1. Apartment House District Professional Office District Apartment - Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Carpus Christi Beach Design Dist. Farm Rural District Histo i l- Cultural Landmark Preservation 1.3 PUD R -1A R-1B R -1C R -2 RA RE R -TH SP T -1A T -1B T-IC Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Facility Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Horne Sub kvision District • *. - corpg4 chrr.ti any Pr.parrd 6y: 544R PrireYq Oa*: rwsdsy, November I5 2pp7 Ctfr Qr Col.% cry. x Oivsbp -m t s.r+rc.s fir H: VAN- OIRSHAREOtiG IS Prcied.C.rs.ti2007Zetnrgr1101- 03.407 -0SHoeics.rrad FSUBJECT PROPERTY } i • • I Leff ,r of Mexico !_ 1 Timon BIvd. 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Pair•k .i lid iitt4rot J_i�_'!i . t�l►1 -c x�'a I.. 1Fl��rr r<':: -J, IJ '.: i,- :t TA4 .4/ 0 i s i t, li i :=+t4.. 441:1 #�.'s'1�1�4 + I1YY� wYr; ▪ r.J+1;1.!' =i .J •`+ NUECE8 BAY i•_ Adopted in 1990 . 11x „H-1113IL AtiO4i 000Strorrxgr/ Cxiii.1±F1 A. 41. 141.4 bit t'411.0rto4 t, 0tt-Jfi ifttims, . : a, rt &r: .% triptajlV :airiti1Swtio on VIeibility, 4gCsl43 4T-4 pL "asimitV to. p..., iqh4 ARd *fates 4reI} . 1 1 1 1 coxrus own" itAO rum .5h,n)14 b4 d.7.1.op.4 r►i[rt illtdhate, f'•tC t Waal 054/3 f_ciit rfra •Ii.i 1i• Cr'a} 1•'�F SO of pt`inari ': +li%crIirr f`t3t411t'1AIL tor iiit IGpMIX'riLl�r +s 1�d {fir bws4;r ctatterit #: txulthecitla } • RICO ILOP L rlcf i.71i t =f `r j;11;,iF_I f 3i ificNL'i t•,,. �-�r ,s x+11 ✓.. tor srl(. irs:, d oitt'irlp* i si; #xt.xttt.# r..- i.It� ?OW.: u IAL' I 4a194 14- 1:4A',s +rt, t;•: �i;'.+1 i1:4 f11- 4,1 Iit4:t- rrzfir. Pm/a,: 1ti:1Lt *;:14FSr AKCA • r.`.r F . 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DISPOSAL AREA 4AQU14 V, '4_ _ .• L i -114 -1 } ": : - i,!! �� �1 ARKit iA11Li(iI+ raL4�E* :lr #lg�a # =✓1411 . ►ra S{ L I..t.T L+;u #t] =Ili i rr!{.'i; :ei t•rr ;X- i:. ti.. sI<'+ •! 5 ! .. ._I1 1.44] •F:r.''. =t` S'j•} Ito!J I ia4'J #,4 �•- nd s fi. #..r .'Y'f�'rtj F�'l. Il*4sjs �'�}.* ��• +; - -[ ;jF1 I-iti'i 'sf IYI• ,ti' ,nt,ir • • • ,J #' t Yi • . -1. O644ri+1y}CR%!L: fClt_k'.liit DA +l :i IiL; ;:, 'jr+i .w4rJ 3:':.°if: and the At-O;fr C? • - ' I Al.., ir:.'F 1 OWNERSHIP Subject Property Owners within 200 feet listed on attached ownership table 0 Owners r in or S Owners in opposition Prsparod Prepting Dar 1' *$ *y. Horerrgym 11 2047 of c10011. Tx deve1opmurt Simon F�.: 11:+PL 11- 00+$„1 R0000I0 Pro j.0ticsaes►z00T zan.p,1 107 -0311 1 07 -0s##ono..n.4 C7 O Iv* • % • • • 40 111111111 nil i 81 ' i o o a o o 0 0 000 U. Vo w?ii: ? m _ � _ it g , 0 z [ > R4 Wu) z_ • z ZZ • la a V cl o o- P, 23 0000+gS 3,- F2 ; 1! § ; 1! 8x ri ; ; § g § 1 i!! ,!! ii § E E il gt. 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E. • 0°°° >Qmoommom �� z .z�z WWWWW g W - °° c,C}c c C3 C c 00 on o0 WM 'mix= i :: = i __ :zz 70 70 72 22 o 15 m m13 )0 _ P3 73 70573 m 73 m cjiggg E122 5/ 5/ 5/ 5/ 52 3/ 5/ ;5 Eiiiii1511 PIMA ili01111 CO CC CO W 9B a, ce a, aWCO OD OD OD NB CD CD CO OD CO CO WWWW CO WCO CO W 88888888888888883388888888 zzzzzzzzzzzzzzzzzzzzzzzzzzz 1 1- QD r- 55 r -. 5r r cow ✓ im- • •• !V Oa fs- m -l— 4 m e ,.P.NSD 13 iN1 C) ig0lp -1R. hi g. c. .4 Pa -4 C) -4p. g' .4 O -4r -49.g„ if > -10 >0 0 it 012i 2 ]1 ). ot t 29 Y. oPR o FOmEmOm -,1 T;wm-1 >1.1x1-91-Wq V1>x>1 .47,,,,,ppq PpoP>rpo> ow> > 400 ercliTgr ipEgo. 2 T 4`X :` W ; q 51 :; T ?: sq 9. ; : f; R ER OD PC 0) CO w ` CnU) 'c ,r 03 cu w -4 w E fialiagEMMIZIMAg EMAlat, wc", F3- 15)P5. f.a -. f. o - +53 r3caf. <aacaoo 5 5 11 aRRa1R5 aaRaRaRala1RBRR 0 -oa 1 1J000 000000-1 l•• J a.4 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 1107 -03 Name: Kent Austin Circled =FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 34 1 I. Notices returned from within the 200 -foot notification area: Favor: 13 416, 18, 21, 25, 27, & 28 — T.J. Holdings, Inc. (Joshua Pollard, Todd Horn) "Great to see progress and some development on North Beach. #5 & 29 — Kent Austin - No comments #6, 12, 15 & 24 — Sue Brown — "Good for that side of street." Opposition: 0 ( )% II. Responses received from outside the 204 -foot notification area: Favor: 1 George Clower, Applicant Representative Qpposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 1:1PL - D1R\SHA EDIBev rl X120 7 P \P BLI MMENTS\l 107-03 .do MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 28, 2007 5 :30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman James Skrobarczyk Atilano J. Huerta David Loeb John C. Tamez Evon J. Kelly Johnny Martinez Govind Nadkarni ABSENCES: None STAFF: Johnny Perales, PE, Deputy Director Of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services /Planning Miguel S. Saldafia, AICP, Senior City Planner Shannon Murphy, AICP, City Planner Wes Vardeman, City Planner Dan McGinn, Project Manager Yvette Aguilar, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingls es limitado, habra un interprete de espanol a ingls en 1a junta para ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :34 p.m. Iv. ZONING b. Case No. 1107-03, Kent Austin — A change of zoning from an "AT" Apartment - Tourist District to a "BD" Corpus Christi Beach District Brooklyn Lots 7, 8 and portion of alley and street, flock 66, Located on Timon Blvd, approximately 145 feet north of Gulfspray Ave. Shannon Murphy, City Planner, presented the above case, stating the applicant is Kent Austin requesting a change of zoning from an "AT" Apartment- Tourist District to a "BD" Corpus Christi Beach Design District to allow for tourist oriented commercial uses. Ms. Murphy stated the property is located on Timon Boulevard, approximately 145 feet north of Gulfspray, and the existing land use for the subject property is commercial, as well as for the properties to the south and east. The properties to the north and west are vacant. Ms. Murphy stated the subject property contains a 992 square foot one -story building that is currently unoccupied. Ms. Murphy stated the current "AT" District provides for high -rise multiple family dwellings and tourist accommodations, generally located on Mustang and Padre Islands and the Corpus Christi Beach area. The "AT" District also permits restaurants, with or without alcohol sales. The requested "BD" District was adopted in 1990 and was created to provide for a wide variety of tourist and business uses complimentary to the Texas State Aquarium. The "BD" District currently in place is in the Harbor Landing area which is next to the Texas State Aquarium, and is intended to create, "....a unique and attractive atmosphere of a resort area offering tourist attractions and services." Ms. Murphy stated Planning Commission Minutes November 28, 2007 Page 2 emphasis is placed on establishing pedestrian corridors, amenities, and other public open spaces. lbs. Murphy also stated the Area Development Plan for the Corpus Christi Beach has a policy statement that states the "BD" District should continue to be used within the Harbor Landing area. The area requirements that are in the "BD" District have things such as lots that are a depth of 100' or more shall have ten foot setbacks. If the property was platted prior to the "B" District designation, then the setback is 1110th the depth of the lot, or five feet, whichever is greater. The side and rear yard setbacks are zero, and minimum lot width is 50 feet and minim lot size is 10,000 square feet for residential or nonresidential. Via aerial photographs, Ms. Murphy pointed out that the subject property is located within an area that is mostly vacant with some hotel and condominiums located to the east across Surfside Boulevard. The Land Use Development Plan within the Area Development Plan indicates the subject property is located within a future mid -rise residential area, and that the "BD" District is located entirely within the Harbor Landing area, immediately adjacent to the Texas State Aquarium. Ms. Murphy stated the "BD" District would not be complimentary to business to the Texas State Aquarium due to its distance of one -half mile from the Texas State Aquarium and that only multi- family zoning would be consistent with the Future Land Use map. Of the thirty -four notices mailed, eleven were returned in favor and zero were returned in opposition. Staff recommends denial of the "BD" Beach Design District. In response to Commissioner Skrobarczyk, Ms. Goode -Macon stated that in 1990 the intent was to locate the intense uses closer to the Aquarian and reserving the residential section to the north of the area, and that all plans are subject to be amended if an aggressive developer chose to do something with the property on a larger scale. In response to Commissioner Loeb, Ms. Goode -Macon stated that if City Council passes this zone change, the Future Land Use map is automatically changed. In response to Commissioner Tamez, Ms. Goode -Macon stated the conflict arises in that it is in conflict with the adopted Future Land Use plan. Public hearing was opened. George Clower, P.O. Box 2525, Corpus Christi, Texas, applicant's representative, came forward stating the applicant is requesting to change the zoning to commercial use. Referring to an aerial photo, Mr. Clower stated the area is fairly vacant without much development going on. Mr. Clower stated the applicant would be amenable to a special permit allowing for commercial use. In response to Chairman Stone and Commissioner Skrobarczyk, Ms. Goode-Macon stated the City has been working with representatives from the Aquarium, the Lexington and some other properties owners in the area to address some of their concerns for the North Beach area and to come up with additional proposals. Ms. Goode-Macon stated they have hired an architect to look at some type of development plan. Commissioner Huerta stated that taking this small slice of land and rezoning it at this point does not appear to be the best thing to do; the best thing to do would be to have a large overall plan such as a PUD or some other large scale plan. But just slicing the area up into different zonings could have the same result as downtown Corpus Christi. Mr. Clower responded that there are over thirty-two different land owners and it is difficult to get everyone on the same page on the same day and it is his opinion that 80% of the block is up for sale. Planning Commission Minutes November 28, 2007 Page In response to Commissioner Loeb, Mr. Clower stated they trying to market for retail, such as a t- shirt or souvenir shop, or other form of business complimentary to the beach area, and that the existing building on the subject property would be rehabbed. In response to Commissioner Nadkarni, Mr. Clower stated the personal uses referred to would be like hair salons, nail salons, something of retail. In response to Commissioner Skrobarczyk, Its. Goode -Macon stated that staff assisted Mr. Clower in selecting a district in that he was shown that the closest district for North Beach that has been used for commercial had been "AT" and "BD" and that "BIB" has over 40 permitted uses that he could consider for his speculative venture; however, staff recommends denial of the request because it is in conflict with the Future Land Use map adopted in 1990. In response to Commissioner Tamez, Ms. Goode -Macon stated that this could be suspect to spot zoning and that staff feels very strongly about that. Ms. Goode -Macon also stated that in the plan this area was reserved for high -rise hotels and condominiums and that staff is reserving to have the commercial density for the south, which was adopted by a Planning Commission and City Council. With that being said, Ms. Goode -Macon again stated that staff recommendation is denial. In response to Commissioner Nadkarni, Ms. Goode -Macon stated the Commission has the right to have their recommendation opposite of staff's. in response to Commissioner Nadkarni, Ms. Murphy stated a special permit could be specific with a list of uses or it could be general by stating retail and personal service uses which would allow uses under those categories permitted with a special use permit. In response to Commissioner Tamez, Ms. Goode -Macon agreed that any zoning other than "AT" with a special permit could be suspect to spot zoning. In response to Commissioner Loeb, Ms. Murphy stated that the Corpus Christi Beach Association was sent a public notice and they did not respond. Commissioner Loeb stated it is important for any potential development in that area to be supported. Commissioner Huerta suggested revising the master plan allowing for an area closer to this district to be "BD" and have two different synergies, the north and south ends of North Beach, compliment each other. In response, Ms. Goode -Macon stated that is one of the options being considered by the Aquarium and North Beach, which would require a comprehensive plan amendment to the Corpus Christi Beach area development plan. In response to Commissioner Tamez, Ms. Murphy stated that if the intent is to allow staff time to work more with the Lexington and Aquarium representatives, that it will take a lot longer due to the amendment to the comprehensive plan. Public hearing was closed. Motion for approval of the "BD" Beach Design District was made by Commissioner Skr bar zy and seconded by Commissioner Martinez. Commissioner Huerta stated he believe it will be a mistake to divide and zone this area in slices and that the entire area needs to be looked because of the great potential. Planning Commission Minutes November 28, 2007 Page 4 Commissioner Nadkarni stated his agreement in that it should remain an "AT" for future development and that a special permit should be allowed for specific uses at this time. Vice-Chairman Garza agreed, stating that sometimes master plans are drafted in such a way as to encourage development in concentrated areas so that there i Planning Commission's Recommendation Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KENT AUSTIN, BY CHANGING THE ZONING MAP IN REFERENCE TO BROOKLYN LOTS 7, 8 AND PORTION N OF ALLEY AND STREET, BLOCK 66, FROM "AT" APARTMENT-TOURIST DISTRICT ICT T "AT/SP" APAF T TENT -T OF IST DISTRICT WITH SPECIAL PERMIT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE E 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 Kent Austin, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November ber 2 , 2007, during a meeting of the Planning Commission, and on Tuesday, January 8, 2008, 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 Brooklyn Lots 7, 8 and portion of alley and street, Block 66, located on Timon Blvd., approximately 145 feet north of Gulfspray Avenue from `SAT" Apartment- Tourist District to "AT SP" Apartment- Tourist District with Special Permit allowing retail and personal service uses as permitted in the ;`B" District, subject to the attached site plan. (Zoning Map 044048) (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, 1 937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DII \hared \Oaryslagenda1 0O8 \1 -81 Ord - oning1107 -03 Austin- sp.doc Paget 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 8th day of January, 2008. ATTEST: Armando Chapa City Secretary APPROVED: January 2, 2008 Ga" W Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi H:1 LEG -Di \Shared\ ary \sg flds12008 \1 -BI rd- oningl 1 07-O KAustin- sp.doo Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi 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 HALEG-DIR1Shared\GaryMagenda\2008\1-8‘Ord-zoning1107-03KAustin-sp.doc Being Lots Seven and Eight (8), Block Sixty -Six (66), Brooklyn Addition, City of Corpus Christi, According to map or p l t thereof recorded in Volume A, Page 32, of the Map Records of Nueces County, Texas, save and except that portion of Lot Seven (7) now included within the right -of -way for Timor Blvd., but also including that portion of the abandoned alley between the Lots, and that portion of the abandoned Seagull Street adjacent to Lot Eight (8), as reflected in that Ordinance No. 8519, of the Official Public Records of the City of Corpus Christi, as recorded in Volume 2270, Page 335 Deed Records, County, Texas. Exhibit Timon Blvd. 1ELJMJNARY$JTh NAN Not to scale case 1o7o3 Applicant's Request Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KENT AUSTIN, BY CHANGING THE ZONING MAP IN REFERENCE TO BROOKLYN LOTS 7, 8 AND PORTION OF ALLEY AND STREET, BLOCK 66, FROM "AT" APARTMENT- TOURIST DISTRICT TO "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS S FROM THE EXISTING COMPI EHENSI E 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 Kent Austin, for amendment to the City of Corpus Christi Zoning ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 28, 2007, during a meeting of the Planning Commission, and on Tuesday, January 2008, during a meeting of the City Council, in the council chambers, at City ry � a g Hal! 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 Cprpus 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 Brooklyn Lots 7, 8 and portion of alley and street, g g Block 66, located on Timon Blvd., approximately 145 feet north of Gulfspray Avenue from "AT" Apartment-Tourist District to "D" Corpus Christi Beach Design District. (Zoning Map 044048) (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. H:1LE -DIR\ hared\ ary \a1enda\200811- \Ord- Zoningl'1O7 - KAustin.doo Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION . 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 8th day of January, 200 8. ATTEST: CITY OF CORPUS CHRISTI Armando Chaps Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: January 2, 2008 0.14/0 G.' Smith Assistant City Attorney For City Attorney L� H:1 LEG -DIR hared\ ary \a erlda1200 \1- rd- oningl 10 -O KAustin.doo Page 3 of 3 Corpus Christi, Texas day of _, 2007 TO THE MEMBERS ERS l= 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. 1/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 Kel ly Priscilla G. Leal John E. Mare ._. Nelda Martinez Michael McCutchon I•ki i=rZ_f' iF 1 harct[#I 2r 18aef dal 0D 11 -8\ Ord - oning1107- KAu tin.dO Being Lots Seven and Eight (8), Block Sixty -Six (66), Brooklyn Addition, City of Corpus Christi, According to map or plat thereof recorded in Volume A, Page 32, of the Map Records of Nueces County, Texas, save and except that portion of Lot Seven now included within the right-of-way for Timon Blvd., but also including that portion of the abandoned alley between the Lots, and that portion of the abandoned Seagull Street adjacent to Lot Eight (8), as reflected in that Ordinance No. 8519, of the Official Public Records of the City of Corpus Christi, as recorded in Volume 2270, Page 335, Deed Records, county, Texas. Exhibit Ext'f_A-C yidsc4 o �i�IYC�kS)� Prop'sd kinq Arc 101 t off e5 J Timon Blvd. SITE PLAN Not to scale cae lion -o3 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 8, 2008 AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, Establishing $250 Convenience Fee for Residential Utility Payments via Internet or Automated Telephone System; providing for severance; and providing for publication. ISSUE: The City was one of the first municipal governments to implement online payments. In 2002, the City entered into an agreement for a payment application with Texas Local Interactive, a wholly owned subsidiary of the National Information Consortium USA. The rate for bank transaction fees was 2 percent. In October 2002, the first month when the online utility payment service was launched, 141 payments were made for $'1 6,102 with bank transaction fees of $41866. As web usage expanded and technology improved, in 2004 - Government implemented an online payment system from FITE which interfaced with the utilities HTE billing system. At the same time, - Government conducted a request for bids for a new merchant account and was able to secure a lower rate of 1. percent through Bank of America. Currently, bank transaction fees and other direct costs are funded in the - Government Services Department operating budget. In Fiscal Year 2006 -07, the total amount of payments had increased 376 percent over Fiscal Year 2003 -2004. online and IVR payments are being made by eight percent of the city's total utility customers, so significant increases in online and 1VR payments are anticipated to continue. REQUIRED COUNCIL ACTION: Passage of the ordinance amendment to establish a convenience fee for electronic payments via Internet and Interactive Voice Response (IVR) telephone system of utility bills. PREVIOUS COUNCIL ACTION: In April 2003, City Council approved an amendment to the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Electronic Payment Use Fees to establish the fee structure for electronic payments via Internet of Municipal Court Fines and Fees (This online ticket payment application was discontinued, with future plans to implement a new service interfaced with the Court Specialists, Inc., application used by Municipal Court.) FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION AND RECOMMENDATION: Ap.royal of the or . finance as presented. Oscar Martinez Assistant City Manager Annie Leal Interim Director, E- Government Services BACKGROUND INFORMATION Currently, residential customers can access their utility account balance and pay online through Internet with a credit card (visa and Mastercard). The online HTE utility billing system, implemented in October 2004, has built -in database interfaces and allows customers to make payments by credit card. Customers are able to access account information, status, balance, last bill sent and last payment received, consumption information, including graphs for the last three years, billing history with bill date, due date, balance forward, current charges, and total bill. In addition, customers can access service summaries for status, start and stop dates, 12 -month average charge, graphs for last 12 billings and billing statements with detailed billing and charges. The phone IVR, implemented in August 2005, allows customers, by phone, to make payments by credit card, secure access of current status, hear previous billing and payment information fora 12-month period, request payment or billing history and account status via fax. In addition to providing improved customer service and 24/7 access, the online and phone utility payment systems offload many customer calls. Over 6,500 utility customer access the online account information monthly. As usage of the online and telephone utility billing applications increased, the dollar amount collected steadily increased as follows: Fiscal Year Total Amount Collected [2003-04 si ,$1,991,058 200 4-05 $2,61 , 9'l $6,295,864 2 o5 -o * 2006-07 $9,492,669 *Telephone system not implemented until August 2005. Staff is recommending the establishment of a convenience fee for utility customers (residential only) in the amount of $2.50 per transaction based on bank fees charged and additional related direct costs to cover the credit card payment and security applications via Internet and automated telephone system. In a 2005 study published by Northern Illinois University of local governments in the United States with online payment applications (parking violations, utilities, property taxes and water - related payments), 76 percent of the local governments charged a convenience fee. Direct annual costs include: Sun and HTE application annual fee SSL security certificate IVR processing fee (fee for each transaction over the phone system Server maintenance $10,140 si s,506 Server leases - Sungard HTE Selectron, web cluster servers Total $233 I $3,600 ' $5,400 $8,208 $46,087) We derived the $2.50 flat fee as follows: During the first three months of the current fiscal year (2O07O8), we have collected $2,631 ,976 with 14,853 transactions online and 8,759 transactions by phone. Applying the rate for bank transaction fees of 1. 8 percent to projected total credit card payments for this fiscal year, total bank fees are estimated to be $1 89,502. Adding the other direct costs of $46,087, the total cost for online and IVR payments this fiscal year is estimated to be $235,589. Dividing this number by the total projected transactions of 94,448 for this fiscal year, the estimated cost per transaction is $2.494. The convenience fee calculation will be reviewed annually during the budget process. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 17, ESTABLISHING $2.50 CONVENIENCE FEE FOR RESIDENTIAL UTILITY PAYMENTS TS VI1 INTERNET OR AUTOMATED TELEPHONE SYSTEM; PROVIDING FOR SEVERANCE; AND PROVIDING IDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL CIL of THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 17, Finance and Taxation, Article 1, of the Code of Ordinances is amended to add new section 17-3.1, to read as follows: `Sec. 17-3.1 Convenience fee for residential utili automated tele # hone s stem. convenience fed for residential tidity- aym n s made via the Internet or through automated tele • hone s -stem is 2.50 per transaction._ SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. a meats made via Internet or SECTION 4. This ordinance takes effect February 4, 2008. HALEG-DIR\Lisa\Ordinance 2007Tlectronic payment . 1/2/2008 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 2, 2008 By: Lisa Aguil Assistant City Attorney For City Attorney Henry Garrett Mayor 11 CITY COUNC1L AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the erosion of the shoreline along Packery Channel. STAFF PRESENTER(S): Name TitIeIPosion Depjmejnt 1. N/A 2. 3. OUTSIDE PRESENTER(S): Name Orqanization 1. Deidre D. Williams ISSUE: NIA Division of Nearshore Research Conrad Blucher Institute for Surveying and Science, Texas ABM University- Corpus Christi BACKGROUND: Additional information concerning erosion of the shoreline along Packery Channel has been requested by a Council Member REQUIRED COUNCIL ACTION: none Saily Gad tk, 'rector Parks a, • Recreation Status 2007 co cy) 0 ^L cy) c(i) (13 713 I..L U E LN o L W � U }' ct3 ci) CO CO NE Ima ci 0 'i V 0 V 0 Za/ v cQ as 'i CU -La L) i t) q) L) 0 rt Q (I) rt CU 0 ft ft CI E 2 til ct, -n v -v cu .4.4 U '1 CD C CT) O W Zj(j:t: L' � o� vs �; � CD c 7 0 c< < ° ci) 7h. 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Additiona 0 1 the entrance channe regions of scour or shoa in identifying potentia 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Corpus Christi's Wireless Network STAFF PRESENTER(S): Name Title/Position Oscar Martinez Assistant City Manager Michael Armstrong Director, Municipal Information Systems ISSUE & BACKGROUND: This presentation provides a historical summary of the City's WiFi network; an overview of key contractual terms with EarthLink and the current status of those terms; identified public WiFi Hot Zones; progress toward the Digital Community Portal; and next steps for the network and the CC Digital Community Development Corporation. \MA \c-6 Michael Armstrong Director of Municipal information Systems Powerpoint ✓ (1) MN :1-0 CI) L -C L U o CI) D T) L Z 0 0(1) a) oa) 2 2 co -0 0. 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II ) 11 ■ L. in First Year ci) 0 u) Zi5 u) u) 0 c D E 1 1 �w � w C 0 : 1 - - • a3 N Y U �c o • � p o 2' c U c (i) 4E0 0 ic O. o . a) u) 0 U)tfl to U c N ci, - _-• c co .0 -Ii< --• 2 o -c ,> ci) a) CD a3 2 a) cn Z � 0 � 7-_- � co c o o = c13 CO CD- 0- E -(7°) a) -0 0 C 0 0_ Ck3 0 g 92 i CD = . - - L � c . N 0_ 0 :1-° -, a o c m o Q 0 c ci) u ) cD L o) L ci Continue with Community Porta dentify and attract potential portal partners u) a) • -• O Q Q 0 -0 cD ID -rn N a) cm (J2 a) i a) Emphasize and 0) x- 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Neighborhood Initiative Program `NIP" progress report for FY o 6 #2 o , the Model Block Program, and the recommended NIP project sites for F'Y200 . STAFF PRESENTER(S): Name 1. Yvonne Morales Haag Director TltlelPositlon STAFF PANEL: (Available for questlons) Name TItIe(Pos1tn 2. Diana Z. Garza Administrator 3. Jesse Garcia Police Commander 4. Lawrence Mikolajczyk Asst. Director 5. Robert Quiroz Administrator Department Neighborhood Services De.artment Neighborhood Services Police /Directed Patrol Solid Waste & Street Services Neighborhood Services /Code ISSUE: This presentation will provide an update on the continued and enhanced efforts of the Neighborhood Initiative and Model Block Programs. The Neighborhood Initiative Program "NIP" completed an additional five intensive service /operational projects throughout the City for the FY2006-2007, bringing the total number of project sites to twenty (20) plus the Pilot project. Working in partnership with the neighborhood residents, the NIP has made significant strides to achieve the City's goal for Livable Neighborhoods. To sustain the progress made during the NIP service /operational projects, a follow up effort, the Neighborhood Pride Program, has been developed and implemented to encourage, educate, and empower ►rer residents to continue efforts for enhanced maintenance, ce, safety, improvements, and beautification in their neighborhoods. The neighborhood bounded by Agnes Street, S. Staples Street, Morgan Avenue and the Crosstown Expressway is beginning to realize the benefits of the first Model Block Program. With the designated city staff from the Neighborhood Initiative Program, Code Enforcement, Directed Police Patrol, partnerships from both non - profit and for profit organizations and the strong involvement of several resident leaders, the groundwork and initiation of the City's first Model Block Program is currently underway and outlined in the presentation and attached documentation. And, in an effort to continue to expand and enhance the N1P program, three new recommended Neighborhood Initiative Program project sites will be presented for the fiscal year 2008. REQUIRED COUNCIL ACTION: Open for City Council discussion. No action necessary. Morales Haag, Di rhood Services De • - • ent Neighborhood Initiative Program "Take the Initiative and Take Pride in Your Neighborhood!" The Neighborhood Initiative Program (NIP) Is designed to enhance the quality of life for Corpus Christi neighborhood residents through the concentrated delivery of services and programs provided by the City of Corpus Christi. Working in partnership with the neighborhood residents, the City's goal is to ruse awareness of code and zoning ordinances, provide information on accessing city services and promoting clean and safe neighborhoods. NIP FY2006 -2007 Program Overview: The City of Corpus Christi completed an additional five intensive service /operational Neighborhood Initiative Program (NIP) projects for the F 2 6 -2007, bringing the total number of project sites to twenty (20) plus the Pilot Project. Working in partnership with the neighborhood residents, the NIP continues to make significant strides to achieve the City's goal for "Livable Neighborhoods." The NIP has generated continued support and participation by the City's neighborhood residents. The program has produced valuable results over the last four years with the collection of an estimated 3,560 tons of trash, brush, heavy debris and 1,000 tires; the cleaning of 2,500 storm water inlets; replacement of over 2,200 street signs and poles; the maintenance of over 900 city streets blocks; replacement, or upgrade of approximately ately 500 street lights; the mowing and clearing of over 1,500 vacant or abandoned properties; the capture of 300 stray animals; the resolution of 1,070 traffic obstruction cases; and the creation of Neighbors on Watch groups and Neighborhood Associations. The FY2006-2007 NIP program was conducted in five designated neighborhoods which proved to be beneficial to over 3,000 households who were left with a cleaner and safer neighborhood. NIP Pro-ea sites FY2006 2007 site # Date of • erations Site 16 Site 17 10-09 to 10-27-07 Ayers Baldwin Staples i Annapolis Norton /Fannin Site 16 01-07 to 01-25-07 Ayers Horne Kostoryz Gollihar Site 19 62 -19 to 3.19 -07 McLeod Old Robstown Saxet W. Saxet Site 20 -16 to 05-05-07 Ayers GoIIihar SPID Kostoryz Nekuhborhood Boundaries 09-11 to 9- 29--07 SPID / Kostoryz Holly Rd Ayers 1 Ci Resources. The City of Corpus Christi continues to realize the value of this cooperative initiative through the strategic planning and scheduling of our operational services organization wide. The NIP continues to provide new opportunities for various city departments to work more closely together, encouraging productive communications, and developing collaborative and more efficient service schedules. Participating Departments "ACTI TEAM' Development Services Police /Directed Patrol Engineering Senior Community services Fire SolidWaste Gas Streets Health/Animal Control Storm Water Human Relations Water Neighborhood Services/ Waste Water Code Enforcement & Housing Park & Recreation eint Participation The NIP has been well received by the participating neighborhoods. Overall, the resident response has been positive with expressed appreciation for this concentrated and specialized program, and the opportunity to become better informed about city services, and establish personal contacts with city representatives. The NIP requires active resident participation in order for the operations to be remotely successful. Many residents took full advantage of the special debris collection service by clearing out their properties and removing abandoned vehicles, addressing premise code violations, building stronger relationships with the Police Directed Patrol Officers and Code Enforcement Officials, and making noticeable improvements for beautification. The improved communications between the residents and the city staff members in these participating neighborhoods has helped to establish a better understanding of city services and code regulations. Neighborhood residents that were once intimidated to speak out with concerns regarding gang activity and code issues are now maintaining confident relationships with the police and code enforcement. Parks that were once empty now have children playing safely on new or restored playground equipment. 2 Neiqhborhood PjridePrqgarn -- NIP $jistainability Eff �■ "Make a Sparkle with Neighborhood P i I" Resident leadership in each NIP neighborhood continues to emerge and we are anticipating active sustainability programs for approximately twelve (12) of the established twenty (20) and the pilot areas. The Neighborhood Pride Program has been developed and implemented to provide support for coordination efforts and resources to encourage, educate, and empower the residents of the NIP neighborhoods to better maintain and continuously improve the quality of life in their neighborhoods. Each Neighborhood Pride Program is being tailored to address the unique issues, priorities, and goals that the neighborhood residents have defined and established for themselves with the guidance and support of the NIP program. The Neighborhood hborhood Pride Program is designed to be implemented over a 12-48 month time span allowing the various participating neighborhoods to work and progress at their own pace. The sustainability activities and projects have ranged from the installation of speed humps for traffic control and neighborhood clean up projects with litter critter trucks, to the initiation of Neighbors on Watch Programs or Neighborhood Associations. Neiahbcrhood Status: 20 NIP Sites), The Neighborhood Pride Program is currently being implemented with scheduled neighborhood meetings in all 20 established NIP sites, plus the pilot neighborhood of Chula istalCunningham. A recent assessment of the on-going issues and conditions, have identified approximately twelve 12 NIP sites that have the potential for functioning as an "independent" neighborhood and/or have achieved a level of independence. This assessment of "potential independent" or "independent" indicates the following status: 1. Resident leadership has emerged; 2. Neighborhood issues have been clearly identified and prioritized by the residents; 3. Goals to address and resolve these issues have been developed; 4. Resident leadership has established contacts with city representatives and/or city departments to coordinate issue resolution; 5. There has been progress made to resolve issues; and 6. The establishment of Neighbors on Watch Program or neighborhood associations to continue the improvement efforts. The remaining nine NIP sites are assessed as "challenged" neighborhoods requiring the continued and enhanced assistance by the NIP to achieve the status of "independent." The following factors contribute to the assessment of a "challenged" status: 3 1. Lack of resident leadership; 2. Lack of resident interest and/or effort to participate in neighborhood meetings /gatherings to discuss issues; and 3. Continued major neighborhood issues involving serious crime and property code violations. Contin,ued $uainabiIItv Efft; Through the Neighborhood Pride Program and activities, continued efforts will be made by the City to support the accomplishments and development of the twelve 2 NIP sites that are assessed as "potential independent" or "independent." The ultimate goal for these neighborhoods is to get them to a level of independence that they are empowered with the appropriate information, contacts networks and access to various community resources to continue neighborhood improvement efforts on their own. The other nine (9) "challenged' neighborhoods will require continued and enhanced assistance and guidance this next year in order for these sites to realize progress toward their established goals and begin to reach a level of "independence." Leadership training opportunities will be provided to all NIP sites, concentrated efforts to resolve the prevalent crime and code issues will be a continued priority with special detail on prostitution, gang and drug activities and litter and solid waste violations. ModeLBio Program: The Model Block Program is a new initiative developed by the city of corpus Christi as an objective to accomplish a City Council priority goal of Neighborhood Revitalization. The Model Block Program is a comprehensive plan to provide opportunities and resources for an improved quality of life in a designated neighborhood /target area 15- 20 city block radius) identified for potential revitalization and development. The Model Block Program is designed to identify and address several major issues within a targeted area including: Neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment infill housing); affordable housing development; and special needs housing issues. Ultimately, the goal is to build strong neighborhoods, safe communities, and a sound economy. The targeted area was determined based on a neighborhood needs assessment conducted by a consultant, and is located in a Community Development Block Grant eligible area. Neighborhood residents from the target area assist City Staff to develop a comprehensive neighborhood plan based on the needs assessment, and prepare a budget for the implementation of the improvement projects prioritized by the residents. The Neighborhood bounded by Agnes Street, S. Staples Street, Morgan Avenue and the crosstown Expressway is beginning to realize the benefits of a Model Block Program in their neighborhood. With the designated city staff from the Neighborhood Initiative Program, code Enforcement, Directed Police Patrol, partnerships from both non-profit and for profit organizations and the strong involvement of several resident leaders, the groundwork and initiation of the Citys first Model Block Program is currently underway. Resident Leadership: A monthly meeting with Neighborhood hborhood Leaders is scheduled for the first Tuesday of every month. Issues addressed have included: 1. Police Issues — drug activity, prostitution and nominal amount of graffiti; 2. Code Enforcement — Results from January 25, 2007 Building Standards Board (BSB) hearing - 7 structured demolished; 2 — repairs in progress. Results from May 31, 2007 BSB hearing — 2 structures ordered for repair and 3 structures ordered to be demolished; November 29, 2007 BSB hearing — 2 structures ordered for demolition; a new code enforcement officer was assigned in July 2007 the officer has focused on issues such as illegal dumping, high weeds, junk vehicles and substandard structures; 3. Engineering — lighting and speed humps are concerns brought to our attention on a regular basis; continued monitoring to address these issues is ongoing. Neighborhood Events: Since the August 2006 "Kick Off' and neighborhood celebration, several neighborhood events have been held including a "Neighborhood Meeting" held October 17, 2006, a Housin g Fair held December 9, 2006 and "Neighborhood Meeting" held on October 24, 2007 to update the residents on the program's progress. Lan4cquiiti9n1 Iriii _rsin On January 31, 2007, the vacant lot assessment was completed. This assessment included: visual survey of the neighborhood; land acquisition variables such as city of Corpus Christi owned property, Nueces county foreclosure property set asides, and vacant lots currently owned, but not developed. The types of purchases or acquisition of vacant vacant property currently being reviewed includes foreclosures, direct purchases, and donated land. From October 16 through 18, 2007, Habitat for Humanity-Corpus Christi in partnership with Bank of America commenced the building of new homes at 1309, 1318 and 1322 Morris Street Tots purchased with HOME funds and donated to Habitat for Humanity) This is the kick -off for the "ill housing" component of the Model Block Program in partnership with Habitat for Humanity — corpus Christi. Next step is to continue the purchase of vacant lots to build a larger inventory for the Request for Proposals (RFP) for construction of affordable housing that wilt go out to builders by the end of March 2008. Incentives and Housing Program dollars will be used for Builders and Non-Profit Agencies to help buy down construction costs, such as tap connections and construction permits, for the qualified buyer where permissible. fLt!1e!shjps; The start of bimonthly meetings with our MBP partners began in 200 7. Our partners consist of lending institutions and non-profit raniains, which are collaborating with us for program assistance, and implementing projects for the Model Block neighborhood. An example of an active partner is The Home Depot. During the month of April 2007, The Home Depot selected six homes in the Model Block neighborhood; five were painted and minor repairs were completed, and landscaping improvements, including the planting of trees were addressed with the sixth property. The Home Depot staff members along with other community volunteers participated in this project. During the fall semester in 2006, Texas A &M University — Corpus Christi' Public Administration Masters Studies Program partnered with the City of Corpus Christi by supplying two interns to work with the Model Block Program; the City of corpus Christi also hired an intern who selected to work in the Neighborhood Services Department during the first three months of the internship. All three interns aided in the initial phase of the Model Block Program. This partnership was extended to the 2007 spring semester with an additional intern from the university who assisted with the coordination and facilitation of neighborhood meetings. � I 1 Projec,ts _ Nelatob9rhood Pri a Activities; Another event which has proven to be extremely beneficial to the neighborhood is the "Landlord Workshop." Property owners were briefed on Model Block Program details, potential for their collaboration and support to make the Model Block a success, and information regarding care of premise issuescode enforcement that the City is undertaking that directly affects their property in this neighborhood. Special Projects that are currently underway with the active participation of the resident leaders is the selection of a "Yard of the Month," regularly scheduled clean -ups with the Litter Critter, and beautification activities such as the Home Depot project. As a "Neighborhood Pride Building" activity, the resident leaders are considering adopting a new identity with a "special name" for this area that would better represent the rich and proud heritage and strong potential of this established neighborhood. Funding Resources:, Our current funding includes HOME Funds in the amount of $55000O awarded at the April 18, 2006 City Council Meeting, and 4A Board funds in the amount of $200,000 awarded at the November 14, 2006 City Council Meeting. Home Buyers Program, Rehabilitation Programs, New Construction, etc. are various city Programs that are also available for families who meet established HUD income guidelines. On August 18, 2007, the city council approved $100,000 in Community Development Block Grant (CDBG) funds from "reprogrammed" dollars. Although we have been granted HOME and 4A funds, CDBG dollars designated for improvements ents will directly benefit the residential occupants and is essential for the revitalization efforts of the program. A large percentage of the structures in the MBP area are over 50 years old. Neighborhood leaders are currently considering and prioritizing projects eligible for CDBG funding to submit to Community Development for approval. City of Corpus_ Christi Departments: The teamwork the Model Block Program is developing with various city departments is crucial. Besides the Neighborhood Services Department's Hot Shot Greg, the Solid Waste Department's alliance is essential for clean up efforts, especially scheduled projects. The working relationship with our Directive Patrol Offlcer DP is also J important. The DPO's support for our code officers when necessary, rapport with the citizens, and the basic understanding of the program will also aid our efforts for a successful outcome. We are also currently working with the Engineering Department for our land acquisition process and the Parks and Recreation Department for the possibility of developing small parks andlor green space for the Model Block neighborhood. N1P FY200I-2008 site Selection: The City council has identified neighborhood revitalization as a continued priority goal for the city of corpus Christi with the directive to enhance and expand the NIP and Model Block Programs. As a part of that effort, the selection of three additional NIP sites has been conducted for recommendation to be scheduled for the FY200 -too . A selection committee made up of expert city representatives from the major participating departments will present three recommended neighborhood sites at the December 18, 2007 city council Meeting. site - - - - - Date of operations - - - -- eia borhood Boundaries Site 21 02-04 to 03-03-08 crosstown Expressway - Brownlee 1Antelope-IF137 Carrizo 1 Agnes Site 22 03-24 to 04-21-08 Princess Leopard McKinzie Kingsbury site 23 06-02 to 06-30-08 Kostoryz Gollihar Weber SPID Selection Committee: n representative from each Departgignq • Assistant city Manager, Community Services • Engineering Services • Police Representatives • Solid Waste Representatives • Street Services Representatives • code Enforcement Representatives • Development Services Representative • Project Manager, Neighborhood Initiative Program The committee selected three geographical residential sites (approximately 10-block radius or smaller) within the city of Corpus Christi that merited enhanced city services. The selection process was comprised of both subjective discussions considering all areas of criteria combined with a rating system that determined (by score /rate) the priority andor need for attention. selection Criteria:. Public Safety Code Enforcement Solid Waste/Litter Litter infrastructure Crime /Public Safety data or statistics considered above operation service average (family violence, gang activity, drug trafficking, traffic issues, auto theft, etc.) A residential area with documented suspected criminal activity (prostitution, gang activity, drug trafficking, etc.) code Zoning Violations data or statistics considered above operation service average (High weeds, vacant lots, vacant substandard buildings, care of premise, junk cars, etc.) A residential area with repeat code zoning violations. Solid Waste data or statistics considered above operation service average (illegal dumping, improper set out, brush collection issues, bulky /debris collection issues, etc.) A residential area with aging /inadequate infrastructure with data to support the following issues: * Street lighting issues Street signage issues Street traffic signage issues Street Road condition issues * Storm Water issues * Traffic/walkway obstructions 8 Conclusion: The NIP has received much public attention through the media and from various neighborhood support groups throughout the city for its efforts and accomplishments. Support from the private sector is being offered through sponsorships and donations of incentive gifts, home improvement materials, corporate volunteer teams, and a variety of in -kind and product support that have provided added value to the NIP activities. The NIP FY2007-2008 is scheduled to begin February 4, 2008. The NIP will continue to strive to fulfill its Mission to improve the living conditions of our community by furthering the efforts aimed at neighborhood revitalization while focusing on customer oriented services and resident cooperation. w M oft' lisl u M -- Nm M oft' . l_i c -J ct W C Co . 7_, 172• 1 f.. cu r-c m- 0 cts 0 1— T-E, 0 E ,_n ct ,_. t-'„o .tio, 0 v � 1 Taking Pride in Our Neighborhoods NIP FY2006 -2007 IN N 0 1 c CD (15 y. _C .0 • J C O—> "-00 -1 ›N -a :1-' >% 0 mt. C . CD 0- CO 7) M 0 0 0 oc 0C/) 0 L' .V 0 .> °L- 0C/) -a p L a) _c -1E' 0) 0 = U oc: _c O U 0 >iN 0 0 ci, _c -_,_, >1 -(1) 2 -a cy) U -c 2oci ) o_� a O L co0 . N NIP FY2006 -2007 y k a) a) -a �i L 0- (1)a) L C cu L _c CL Q O � O a) i L CO O cp_ .c i •a) >O Z is to raise awareness of code and zoning ordinances, provide information on accessing City services, ote clean and safe neighborhoods. NIP FY2006 -2007 cD A-S .-, O -c (%J N— cm O ri L Z }' (1) a W a) > >, 0 1 D. E c 2 c o ri c 0 . s � ri 1 (/) " 0- Q °- c) .(1) a) >- 5 7 u_ 0 L- fl .9- E (a L 0 ) /L 0 0 m cD 73 0 2 O u) cD in ri Presentation of the 3 New N cc 1 r N 0 ti 0 LL NIP FY2006 -2007 .L r s -. ti a C r I_. a -. -.Y . ■ • r . . C . ti L E IIIZiIIIIy Pre - Assessment c •_ (1) 0 u) u) -0 O 713 O 2 � L � a) O ID E c -t cm co O o O 73 73 , O u) •— o c o_ a) o 73 L _ ___ t' c cmO Co o u) ■_ : w . — v) W 1E .2 2 •_ "E"' -0 O O O c: 7 o :::; (7) s a) 2 O 4) O E >' .0 73 cli 2 s o 4) a) CD _ 1 cli 73 0) z concerns > , 0 C 73 -0 0 C .+7. 0 CO v t (n Q L 0 73 c u w .0 - N i o En s- • — 0 E •_ w w >, o Z a a) a) 3 � V 0 C% t i a (I) v � o � o � � -E-' -1 U) C) C CO +.1 N al V1 = owO NIP FY2006 -2007 N- NIP FY2006 -2007 00) > c a) -_., - _c co o) -0 _._, L_ ca c N (1) � � � uj (1) p CI)7;_ N c ca O c = L_ 0 ' = ›N #11 ■ (13 CY) -C _%_ _a ku o , 0 cz > -- .L- ci) N� O 0•- U� c:.acI) N -0 C (D.A= = E >1 t = (13 -a E (>) •L .A=, o 0 oU > .c 000 � a) � 00 NIP FY2006 -2007 ci) m ✓ m = (I) (1) -0 E o- .o L �F W = . .0 -0 ci 0 zo u) a) v •_ d (I) +.1 c a) E a 0 a) a) 0 w v •■ 0 a Engineering Recreation -ci c co u) s_ ca a m r 0 ca 73 O C/) 'ZI5 a) L tid) L .2 R L 0 C/) a 0 w a L cc (I) 0 c 0 co '+7. E cc •_ Q ce co _c a cc O cc E N 3 0 1 1 NIP FY2006 -2007 0 NIP FY2006 -2007 Arrests Made ca 0 -0 W (/) d � N E o L cm • 73 2 d f+7./J a d d • d y -c t_N/1 = 7 +V+ • ca C V >Cl). � (/) C 0•DC C cl) I— cc • u) a) w (.) ii= V W � 0 0 Ct .13 H Z U' Z Q • s NIP FY2006 -2007 L Q W y N 4E1 CD a) a) a) w w n5 (1) < 0- (4 N u � V W i d wa �3 c•—% co 2 . � (-) w w CO n9 -0 p 0 -0-0L.-0 op_ (vo 73 O 000. -C 2 3 s) "... _•_ � JfAQZd ' _ o 0 0 71 Z 1 NIP FY2006 -2007 08 cu c4) u) (I) 0 1:2 w •v w oZC/) Collections: Trash /Debris /Brush/ 0 N 0 0 NIP FY2006 -2007 Streets Services (1) a) L = 0 0 a •_ co a) M co 0 o u. V .c a) a) � co CO co O. 0 i -o a) V •_ a) CO (1) a) a) L iiii) Residentia NIP FY2006 -2007 (1) w V • _ cu cn En • _ L. w a) C • _ En W Traffic Vision Obstructions (I) t -0 En W J O rD (1) L acoi ril) Replaced /Enhanced Traffic Signs Replaced NIP FY2006 -2007 L � C13 0 -o -a (I) m (I) (0 0- w •_ a) •_ E (1) u) a co o ca E E 'Po E s c 'E 4-1 Q Q U Q a) n 2 NIP FY2006 -2007 Fire Safety Demonstrations Fire Hydrants Serviced NIP FY2006 -2007 Parks & Recreation NIP FY2006 -2007 Storm Water N d Debris Removed from O O NIP FY2006 -2007 EL z IS O w ti y L m O cX to, -C ki wi kii :•••• LL1 *ND Nb w -Q Z RI •■ (1) 0 "Neighborhood Pride" NIP FY2006 -2007 O -a u) c c cn c 3 � C N (1) L • o 2 -c co :,, I—c1) �tiNc -0-0 � � L c .c c = a) . CO LI- ma im . — 0 -1 0 co o a) u) c w _a -0 L_ . >1 CO :1-° 1(1) :CD) . r2 :°1 2. E m s (T) 0_ c cli) " = 4-• = .0 a) o- cz E m „_,_a _c c.- •: cno�0� co viml 1— c 42 -0 u tOCc/)O m . - 4— C = p ci Q� wc C.D a) >, GAL' — 0 P d �U� � � >'%O _c a (7) O = LP= A2 al' -c L w u_ o w =� L ci) O n .(1) c _c 13- 0 u) = 0 a) .., c -_,_, 0 oC.I)I1%c:._ � -C 0 0 a 0 a) I— I— CZ 4)-c 0 c NIP FY2006 -2007 a) as O c�a E Ct ty) (1) O ~ G1 CL` W et -0 a a) N cy) O U 06 ci) N N cp_ N N N -Lt Q D U Information cy) ZT3 5 0,5 " o CD icT) E • � TT3 > 0 W c O E o (I) w a) � � N 0 (Resources /Contacts /Action a) •_ cy) a) o (i) o E TD (I) `id D E d- •+71 Efforts /Activities ncentives NIP FY2006 -2007 E IIIZiIIIIy -o C co y to • • = cc - u) 0 .-1-ic . N te a,, w •_ En 0 2 . EL w °a, z a o- .co.....- .- 7:2) L ..... 4= w' o.'c 4.6' 5 w w p 2 E w CD (/) (/) ct> CD 0. a) u) -c 2 O .r. •_ ca y c ,,,, 4E. 0 .- W .47. 48 O ii 2 LI) = O �� Resident Leadership emerged; sues have been identified and prioritized by residents; i-i a) c-.1 O 0 a) o Q) L -0 0 C _CD ui G).. _C L CD .0- .0) 8 _a a) T) ‘. a) > Z W - A= c o L Q - ' > c z _ c - '' a ) -0 _C = cn 0 c� 2, (t — a) (n ct3 > = 2 u) cp_ i/i 2 .u) 1_) (1) c ci a) cn= o E > > % . c n s 0 0 E 0 a) o _c _c > _cp -0 '2 - § 0 u) 0) = _C (1) m t C 2 Z (T) CC an c o ° 92 0 N o 0 -0 - lE° 0 -0 ( 13 7 :ic z 7: 3( D E E g N O . CI) CI) . CI) . Ca CI) _cp 2 _cp c2 (13 co ca, co %..d o +-' O +-' In (9ujo- uj< F3 a 1 71 71 1 NIP FY2006 -2007 cD cn cD P sites are assessed as "Cha . w a) -0 = -1-0 C o CO co ▪ L CD_ o in- u) L 0 1 co (,) w ci ci, a) o (,) (,) (,) _._, cn u) c L_ = - o O U -a +r ti— Ci) 0 (t N � 0— Q_- - 'f p O 0 > E2 "(7) u) _c-° -0a) a) 0 cm -a L_ 0) � - a) cz a) • N . (Da) L L '6 -° -° E O a) p 0 a) -a m 0 O 770 Et Q CI)CI) O _c 2 92 -E -0 D r.‘ (1) C ti— V = co O o o -a c ID _c ._ 0 z-co) 0 U .ca) c E . co J C U 0 - U n n n 6) .0 NIP FY2006 -2007 --.■ (NI NN— _c L a) •-• O-cD C14— -0 o-o = -1-0 ^' Cf) C Q 000 ^' L W z: cz a) -a E > c czA` W _a ---1-• p c • C W CO 73 tc:oC,) (7) 0 (1) a) -0 '.(T) E 73 o _c.c o p u) _c CD • CZ "eN = Cl• - V ._,c E mc -a -1-r- 0 `11 0) 0 UQN 0 Oc':: c 0 0 C cz 7 ot) (13 to U o c O _c co L .-(7) O u) _c cn cz .0) CD 73 c CD U� (B CD (1) L C3) C a9 73N c _C CZ U 73 (1) 0) = .... C (1) •-1=0 _C C -1-' O L 0 ° NIP FY2006 -2007 co 'c- c o � p ic --.-• c . - ,-• 2 • •, co o , � ci) L . :° CO D W CD �^l ./) c c u) -a o m . cn -a _c -Lt (i) o O cz— co . ! O O ii- cT3% E c -g Q') E O `-' ci ID m >1 W Ci) -C C . - — . -,-• w CaT N N vi p c _c 0 p -a 0 o cn co c co > a) (1) p . . CD > . C CY) CM . _ 7:3 a) ,a) co c .c 2 -ci ., >,fi (i) L= " cm ",_. m A-• = _0— o c o , — = 0 _ 14_ • = ,_ A 9 c-C) la -C E ›N "- -no‘I' • = LO Lr-1 .CT3 TD 0 -(8 .-- co 0 ...., > O2 V g� N. C -a (T3 E .-° 8 2 -2 c L_ . (T3 CD 73 0 a) = w -0 . Tinc a) c > o -0 8 ca-)) .— a) 8 o u) c „_ , (7) cm 0 La 92 ( 0 ` c) ti t a) L- O(' ono ono -ci a) cn o " L o- co cl-0 ,-1--° O > 0 (i) c 2 ° o_E cl E 2,' CD .— _c . > C CT) W (T5 . fl, cL- ,--- a) O -ci _c CD Cin (1) s_ M . NIP FY2006 -2007 co E IIIZiIIIIy Resident Leadership Neighborhood Events 0 0 c cn O 0 '-' � o_o 0- ri u) 0 0) 2 0 Q C 0 .co -__ •_ -0 u) c -1-• 0 -__, c = L- co Ocoo J NIP FY2006 -2007 U Q) Iii CY) 1 L -CD (/) CD) CI CL CD (/) . N C L CD -CD 0 0 2 , , P_ Lc5 co � � 0 0 a) co J (IN Ci) N cn W -L U Q C Q L�^ LL I .1- N N (Nc: 0— (,3) z 2 O 00 0 o 0 N CN L O CO C/) W 0 = 1 d CY) I (Nc'J 0_ c Z:a NIP FY2006 -2007 u) -a a) 0 O o a) � O (a1)) u) O _a -c'fi . >1 -C ri 0) -a a) c .a) ci) a) w = w a) E Z a) o a�i °^)' E L U\/ ^, L L o O � (-75 .0 L W 0 ET2 (a/ (L) .c.- 06 g -cw cm ,,, cz a) cy) L- - c ku 2 a DE CZ 2 2 0) cy) > a) CZ Q c TD oZS >, 2 c C a) V 1..0 0 . UN� 000_ 0 " " c:oO000 a N 'U to � U � .cf) ri ti 2 2 u) — o a) •_ . _c Q Director of Solid NIP FY2006 -2007 • • ca cn c cn ' _I .L CD � c n 4-1 a) a) °L7 06 E cn a) 2 0 a) 0 = = E o CI) (7) .L_ 0 0 c u) 2 j o Ill 18 a) CD a) a) = 0 -a 0 L_ w c o -ci) CO a) 0 "rn 2 s 7 0 45 co 4- (/) C • ■ L 0 -rn 2 cn c cn o) co 0 o in � 0 c 0 2 --.--, _c 7 4- ca _ C 0 ) 1 cn -a .; Q 0 NIP FY2006 -2007 . I ~ ~ ~ 5 ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ti k ~ ~ ~ ~~ ~~ ~ ~~ ~~ ~~ - ~ i~4~1 x ~~ ~ ~`~ ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~~ _ ~ ~ ~ ~~1 I~ r ~ ~ ~~ ~ 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ r '~ ~ ~ ~ ~ ~_ 1 ~ ~ ~~~~ ~~~ ~ ~~~ ~ ~ ~ ~ ~~ ~ ~ ~-~.4 ~11~J ~ I ~ ~ _ ~ ~ ~ ~ ~ - ~ ~ ~~ - ~ '~ ~ ~ ~~ ~ E ~ ~ti ~ ~ -T C'~ C'~ ~ ~ N I ~ ~ ~ N ~ ~ ~ H ~ II gm NM ::IN. itItiii. .1 i• .- UuIPi aglirr..1.-iiiiiillifil m � *� u-i.0 . :;::61 ��i ��. _ . ii NIP FY2006 -2007 L Cry NIP FY2006 -2007 E IIIZiIIIIy w C/) ki■ CD_ -0 C/) 0 = CI) C " w oa) cz s o 5 � z h EL) 0 n >E • a) dcD: � EL) �( o)_a)— Z y C J cJ) '-(.3' (1) � g CX'■ ''" w lC AE' = � E � c o to2 =��cto .a� 1--0> o E-5(y320 L'E '4. w co to a) F2- Et�>>. ozzn Q D::E—OOoOOO 0 v v CO LL NIP FY2006 -2007 o w o cC oa o 0 1v= o w 0 NIP FY2006 -2007 14 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Compliance Issues and System Reliability related to the City's Water Quality Program. STAFF PRESENTER(S): Name Title /Position De • ar ment . Gustavo Gonzalez, PE Interim Director OUTSIDE PRESENTER(S): Name Title /Position Water Ors anization 1. None BACKGROUND: on 23 October, 2007, the City Council requested that they be given quarterly updates on the City's Water Quality issues. This will be the first update. REQUIRED COUNCIL ACTION: None. 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X 0 ro o_ To .V p.0 O O. 23 L_ V E ▪ O 69U o_ > E 'a) o > V � o ro .(7) � ov V W 0 U 0 0 CU N . 3 V 0 N ca — o ' 5 '47) a) .0 tn • — U oz a) _a), — V ro . (73 O E 0 U 3 V E:8 0 E V 0 0 4— aj a) -w ui (i) -0 cu cu fa co E co .21 - (3) T 4_) co ._ 4_) (f) o col o= E, PO � Q — cn � ra a ui CU ro 9..) Li= Q � V cu V ro n ol •_ \.> 0 U o o fp E "6")m ..67J U � O can m u) a) -o (1.) (I) cL •5 .(=) E w > (1) 0 a) o_ 0(0(0 cu �o�o � a) cu roMpucm � L O (0 cu • O w Q 167j"i 0 M Q a) • cp 0 � 0 (0 (i) 4..) 0 •(7) ca - 0- s_ L(-) a) cu M � _c cu E 1— ca M a) L CU (i) (i) Q � � 0 L CD_ C 0 (an E 167) C CU .° .17 :a ▪ C C LL E O 0 U c 3 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by Horizon Centre regarding the Process Improvement Project currently underway in Development Services. STAFF PRESENTER(S): Name 1. Bob Nix 2. Sylvia C. Arispe Title /Position OUTSIDE PRESENTER(S): Name Assistant City Manager Process Improvement Mgr. 1. George Arimes BACKGROUND: De . a rtme rat Dev. Svc. Dev. Svc. Title /Position Or. a n i ati o n President Horizon Centre, Inc The Process Improvement Project in Development Services will change the manner in which business is conducted moving from an application based system to a project based system. The consultant has worked with staff at various levels to implement among other I items, a project management system and a cost of service study to recoup fees associated with development. The presentation will provide Council an update on actions to date. REQUIRED COUNCIL ACTION: None 4,4 Bob Nix, AICP Assistant City Manager Attachment: Process Improvement emen Summary Development Services Process Injprovement Summary Phase I In 2004, the City contracted with Horizon Centre to provide an assessment of the City's newly created Development Center, commonly onl referred to as the "One Stop Shop". Several months of meeting with staff and stakeholders led to the completion of Phase 1, an initial tral ssessrnent of the Development Services Center in September 2005. The overall theme of the improvements ments needed for a successful Development Center was effective and efficient processes created by improving e system "building blocks". Those "building blocks" include core business process improvements and standardizations, people interactions, technological improvements, regulatory framework , physical space, and organizational niatronl structure. (Figure 1) Organizational Structure People Regulatory interactions Franiework Figure 1 Although, each "building block' is clearly interrelated to the others, management, with the consultants' . � g � onsultnts assistance, approached improvements in each block as resources were identified. The first item to address was the clear definition of core business processes. It was determined that Corpus Christi, like many other cities, was focused on an application based system, addressing issues as they came through at application rather than a project based system where a Project Manager addresses J g ses issues prior to application submittal and continues facilitating the project to completion. This is commonly y referred to as "cradle to grave ". Phase 2 and 3 — The Operational Design After the completion f the initial assessment, executive management contracted with Horizon . , � orrori Centre to discuss the feasibility of project oriented system and its consequent esi n. City � Council unanimously nouslr approved Phase 2 and 3 for the construction of an operational design and pilot testing of the design. To date, several areas have been designed, tested, modified, and reviewed. The J ro`ect management aspect g pest has completed pilot testing and has been launched on a small scale as resources allowed. To date, two (2) project Tanagers have been hired and are assisting customers with projects including complex platting, zoning, n, acrd building issues. The project management approach is voluntary for the customer. As resources . � � sources are available, all projects will be assigned a project manager to facilitate interaction with the City. 1 People Interactions One of the first areas needing improvement was the block labeled "People Interactions". Up 2005, management was meeting with the customer on their development projects and often not relaying critical information to staff. Staff was often kept out of the information loop and that severely disrupted projects when they were at critical processing junctures. This resulted in expensive time delays and frustration for the customer and staff. With the assistance of Horizon Centre, the City created a Staff Action Team composed of staff at all levels of the city organization who worked as part of the development services review staff. In addition, a stakeholder group already in place called the Development Services Advisory Group took a more prominent role in creating a communication link with staff where issues could be discussed and resolved prior to escalation at the City Manager's office. Lastly, a group was created for managers in the executive levels of the organization who could provide input to staff and most importantly, listen, to the suggestions and ideas staff was creating. This group was called the Staff Steering Committee. The committees have been working closely since September of 2006 and have been instrumental in developing some critical business processes improvement momentum. Core Business Processes and Physical Space Once the interaction between the customer and staff was improved, staff began the task of developing the project based system. The first portion of the system was to develop the front counter staff and begin to develop a project management culture within the organization, A six - month pilot was launched to determine the effectiveness and feasibility of the project management system. The six month p ilot exposed some p modifications to the design that were necessary and have been addressed, namely the identification of technological resources, staff and monetary resources to launch the project full scale. in addition through the piloting, it was clear that a significant systemwide cultural and attitude shift would need to occur in order for the system to become fully project- orientated. It is anticipated that the project management approach roach will be g expanded into the Building Plan Review area for the next phase. The front counter was reconfigured to allow residential and simple comrercial J ro'ects to be handled on a fist p come, first serve basis. These project types are referred to as Type A and B; Type A being the project lest ` p or permit type, often requested by the homeowner doing some renovation or remodel work and the permit issued on the same visit. Type B is a little more complex and may require one (1) or more staff to review the application. This type of project is often the simple commercial project and is also often issued on the same day. This reconfiguration allowed for better customer flow and increased the volume we are able to process in a given day. Complex proj an "ombudsman" to the customer assisting at every step of process. The implementation of the ect r ro p � management system has been limited to complex project types due to staffing and other resource challenges. However, any project is eligible for assistance as long as previous agreements are not in place. Currently, �` t y, two (2) project managers are hired to handle complex or high profile project types. As stated above, the project management system is expanding to Type C projects which will allow a Project Manager er to facilitate a complex commercial or residential plan review and reduce the amount of time the ro ct is p in process. Organizational Structure The newly created Process Improvement Division is led by a Process Improvement Manager. The Process .. ' r p g �-oces Improvement Manager's key roles include facilitating implementation of the system design and also tr' v e for f'r continual improvements vements within the design as suggested by staff and stakeholders. Key staff at the front counter area previously assigned to the Building Division has been reassigned to a Process Improvement Division allowing managers and supervisors to share responsibility of customer service and workflow thus making more efficient use of administrative staff. In addition, the newly created Project Manager positions also report to this Division. One of the most critical changes has been the pgr ade of the Director of Development Services to an Assistant City Manager level allowing critical decisions to be made quickly, accurately, and decisively. Technology One of the most important issues raised by staff and stakeholders alike was the need for technological improvements across division lines. Staff citied the need for easy access to recorded plats, plans, an ■ . � p and other critical documents. The recent purchase of the Planning and Engineering module for the HTE system, Visiflow document imaging, and CIS Looking Glass will allow staff to view information related to a ar p cel or project in a spatial format or view all of the documents associated with a project by the simple click of a mouse. Due to monetary and staff resources, full scale launch of the improvements will be limited to automating g information relating to future project applications. Plans for a fill scale conversion of all the documents with with the Development Services Department have not begun, However, the department has reorganized . p some administrative staff and created a Document Control area to begin critical indexing and preparation of records with the assistance of an outside vendor. The department expects a more complete and digitized records management system than is currently available. In addition, as funding allows, the outsourcin g of the data conversion can begin using outside resources. Lastly, the department has met with stakeholder groups in the residential and commercial sectors resenti l ng the need for digital submittals of plans. The idea has been met with great enthusiasm by the stakeholder der groups. Staff has even received volunteers for a pilot project. Staff expects to have an ordinance amendment to this council after pilot testing in the near future. Pilot testing is contingent upon and can begin after successful installation of the VisiFlow software. Regulatory Framework Customers and staff alike have asked for clear and consistent regulations, staff accountability, and predictability in the development review process. This requires the establishment of a clear regulatory ato g ry framework which is communicated to the customer and followed by staff as dictated in the ordinances. y ces, this end, the City is in the process of finalizing Master Plans for Storm Water and Wastewater, as well as 3 finalizing the Unified Development Code which will combine the City's Zoning and Platting Ordinance into one comprehensive document. Cost of Service As shown above, several resource limitations exist. As a Special Revenue Fund, the Development Center is tasked with providing its own revenue stream to support its operations and to some extent, alleviate the need for a General Fund subsidy. Staff has worked with Horizon Centre to develop a Cost of Service study which will determine the cost of providing a particular service and its subsequent revenue stream. This approach is different from the typical side by side city comparison many cities use to determine fees. This approach takes into account the special circumstances or needs existing for the City of Corpus Christi. This study has assisted staff and stakeholders alike in developing new approaches to providing a service as well as determining where revenue shortfalls exist and take corrective action to address the deficit. To date several fees have been adjusted to account for any revenue shortfalls. Staff and the DSAG are currently reviewing the Building Operations revenue and work activity to determine what fee adjustments, if any, are required. The next area scheduled for review is the Special Services, or subdivision and infrastructure area of the department. Phase 4 — Implementation Future plans for full scale implementation of the operational design will be limited to available resources. As development continues to slow locally and nationwide, revenue activity has been down by more than 10% this fiscal year alone. Future plans for implementation include the full scale Project Management approach for all project types, the launch of the technological improvements, and future adoption and implementation of the Master Plans and Unified Development Code. Once the improvements are implemented, a measuring tool for success will be instituted. A draft performance measurement program has been developed and has been incorporated into the Balanced Scorecard Initiative. It will be used to some extent in January 2008 as part of this City -wide initiative. As we proceed toward full scale improvements, the need for review of the measures will be frequent to ensure that we are indeed measuring what is important to our customers, the public, and to the City. 4 Development Services Advisory Group (DSAG) Associated Builders & Contractors Associated General Contractors Builder's Association • Builders am Contractors • Developers am Architects aa. Engineers am Planners aa Other Customers i•A‘ ■ • Outcome Themes 0 •_ •_ c.) as Ci 14- 0 v as •_ -o • 4.11 a 09 0 v L E o w 14- 4-3 •_ • y 0 V Accountabi (1) • • O a N O 4-1 •_ U 0 0 •47. d E d a 0 ■111 1 • �.1 4�1 0 t 1 ' if -L1 in n -L1 L L1 4" a) al d) :r) d) d) I—' 1—' (14 a) L� -� 1 L CIT, c 0 t: n _,_, w __, _L, J V--� 'j L--) L J_1 �L) Li l /T) 4 %' E_,' ,-' a1 `) ��« -) 0 __, L7,1) ‘-. L__, SI) a:, W 0 _ 1 Lin CD 1___, , 7::., - 1--- 1 - 0 , 0 /-) ii) .'n /-) , a) l I , -t ki.n 0 CD _ I a) rin :=, E, .) 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